HomeMy WebLinkAboutLegal Documentd
TABLE OF CONTEN r n
a
.
1.DEFINITIONS....: .............:::.............•.......,...............................
11 Association ..,.....: ...............:..........:...............}............
1.2 Board........1..........:........:..:..: ................:::.......:......
1.3 Commercial Builder ........:: ...... . .............:.....:.................... .
1.4 Common Area ...........:..:...,..:.:..•..:..:..,1: .........................
i
1.5 Community ................................................................
16 Declaran :....:.:: ................:.:....,................................
1.7 Declaration ..........:....• ...................:.::.......................•
` 1.8 Golf Course Lot..........::.: ............................................:..
..
1.9 Governing Documents... .... . :.. ... ..:.::. :.. ~.... ........ :.....:........... .
L10 Improvements ... .:.. : . : .... :. .~ . ..... ..... : :. . ... ..: ................:... .
1.11 Lot.......,:......:.~ ................:.......................:............
1.12 Member . . . . .: . .. L : ... .. ... ... . .. ...:.. . . .. ...: . .... .................... .
.1.13 Notice: . ... . . . :: ... :.. :.... ....:....: ..:. . .............. ............. , . .
1.14 Owner:...::.:......:.:::,...........: ................:......:.....,...:
1.15. Reunbursement Assessment ..:. ........... . ................................... .
1.16 Pebble Creek Development ....:..........:. ....... . ....................... .
1.17 Supplementary Declaration .:.. , ...: , .:.....:...:...: ....................... :
1.18 Unimproved'Lot ..:...:....:........:.......:.::.......: ...................
119 Unit
i
j
a
~i
2. SUBJECT. PROPERTIES :..: .............:............... 3 . ~ . , . ~......................... .
2.1 Existing Properties, .::...........:.............: .......................... .
2.2 Annexation by Supplementary Declaration. .::.........:...........: .............. .
3. USE RESTRICTIONS....::...:.:..:...:.........:...•....:....: ...............:..........
3.1 Single-Family Residential .Construction ..:......... ...: .......................... .
3.2 .Designation of Lot Types .....:....:.:...................:.:..... ~........... .
3.3 Composite Building Site :...:..:.......:: ...:.................:.............. .
3.4 Location: of the Improvements.. upon the Lot or Unit ..........................:..:... .
a 3.5 Removal of Trees, Trash and Care of Lots and Units During Construction of Residence ...... .
3.6 Masonry Requirements ............:....:...:..:..:..1......: ............... .
', .
3.7 Carports ,.........•......:•...,::......, .................................
3.8 Walls, Fences and Hedges :.......:..: ........................................ .
3.9 Visual Obstruction at the Intersections of Streets .......... . ....................... .
3.10 Air.. Conditioning Requirements. .:..:....:..........:: .......................:. .
3.11 Prohibition of Offensive Activities ...........: ................................. .
3.12 Use of Temporary Structures ................:....:........................... .
3.13 Storage of Vehicles ar Equipment :.............:.....:...:.................... .
3.14 Animal Husbandry .:. . ..:......:.:......::....1....:.................... • .. .
3.15 Lot and Unit Maintenance .......:.......:... • ...::::..: .................... .
3.16 Sins, Advertisements, Billboards ~ ............................................:. .
~ 3.17 Maximum Height of Antenna .....: ...............:.......................... .
3.18 Wind Generators :................::.:.. y .:....... ~ .n .:......... a ........ • .. .
3.19 Solar Collectors ......:.1 ...:.............. ...:. 3 ..:..:.........:..:...... .
3:20 Swimmin Pools ....:,.....•....:.:.•....:..::.,.: .......................
3.21 Drying of Clothes in Public View , .......:........:... , .............:........ .
3.22 Garage and Gara a Doors ..........: ................:...:................. .
3.23 Control. of Sewage Effluent .....:..:..:... • ..............::...::..:, ~.......... .
3.24 Residences and Improvements Dama end by Fire or .Other Casualty ...: ................ .
3.25 Vehicles Permitted to :Use Roads and .Streets ......:.....: ..................:.... •
3.26 Boats Prohibited on Lakes .....:.:.....: .............................:....... .
3.27 Swinmm~g Prohibited in Lakes .. , ...: .............:.......................:... .
3.28 Landscap~n~...........:........:............:...: .........................
3.29 Roofin ...........:....:...:..,:.......: ................................
- 3.30 Driveways ...•........:.:.....: ..................:........................
.3.31 Li htin ..........:......:....::.:........: ..............:...............
3, 32 Muaammu~ .Slab ` Elevnti Qn ...... ...............::.............................
i
3.33 Rental and Leasing : . .............:....:....:........................... ~ .... .
3.34 Unfinished Rooms .- ..... ~ ....... • :.....:........ , .......................... .
3:35 Variances....:..:...:..:..::... ........................:.........,......
3.36 Dish Antennae .....:.....:.:......:.......:........:........:.....:....... .
4. PROPERTY MAINTENANCE REGULATION ...:.......:......:.... ......... . .............. .
4.1 Exterior Maintenance of Improvements ..........:..:.., ...: ..................... .
4.2 Entry Rights .. , ........ • .....:................:.....:......:...... • ....... .
5. EASEMENTS ...........::.........:....:..................~ ..............:........., 9
5.1` Easements:....:..,..:.:..,......:.........:: ..................~.......... 9
5.2 Title Sub'ect to Easements ..::...:.:.....:..:..: ..................:............ 10
5.3 Utility Easements ..:...:.:... ; .:.:......:....: .............:............... 14
W920221 V0~ ~~~~~• ~AG~ ~ ~~
a
r
6. ANNEXATION OF ADDITIONAL LAND ..........1......... ~....: . .. . ......... . ............... 10
~' 6.1 Further Development......................... ~ .. ~ ~ ............ ............. 10
6.2 Easements and Rights Presently Reserved... ........................................ ll
64 Allocation of Expenses ............................. C .:........................ 11
6.5 Authority of the Board .... ..................................... .
,........... 11
6.6 Annexable Land ............................................................ 11
7. GENERAL PROVISIONS ................ ................................. , .............. 11
7.1 Severability.... ........................................................... 11
7.2 Term ................................................................... 11
~! 7.3 Resubdivison .............................................................. ll
7.4 Amendment by Members ...................................................... 11
7.5 Amendment b_y the Declarant :.......:......................................... 12
.._._.
7.6 Declarant's Rights and Prero tives ....... . ...................................... 12
'1.7 Disclaimer for Errant Golf Balls.... .............. , .............................. 12
7.8 Gender ...... ......................................................... 12
7.9 Head~n~s.., .............................................................. 12
7.10 Declarant's Rights to Complete Development of Community ...................... ~.... 12
7.11 Declarations Construed Together . .............. , .............................. 13
?.12 Persons Entitled to Enforce Supplementarry Declaration ...: , ........ , ............... 13
~ 7.13 Violations of Law .............. .......................................... 13
~~ 7..14. Costs and Attorne 's Fees ................................................... 13
?.15 No Representations or Warranties .............................................. 13
7.16 Limitation on Liability .........1.................. ; y. , ......... s, ............ 13
i
i
:.
i
r
~, n
L ..
~~ W920221 _ ._._
t
i
!~
r
1
SUPPLEMENTARY DECLARATION QF * UNITED STATES OF AMERICA
EASEMENTS, RESTRICTIONS, AND
COVENANTS FOR PHASES D AND E OF _ * COUNTY OF BRAZOS
THE PEBBLE CREEK DEVELOPMENT * STATE OF TEXAS
Thin Su lement Declaration is made as of the /~ da of Febru 1992 b Pebble Creek Develo ment
AP ~' ____ Y ~'Y~ Y P
Company, a Texas Corporation, hereinafter referred to as the "Declarant", represented herein by its Vice President, A.
P. Boyd. The address of the Declarant is P. 0. Box 674, Bryan, TX 7.7806.
wHEREA.S, Declarant declares that it is the owner of certain real property 'situated in Brazos County, .Texas,
described as-.set forth on Exhibit "A" annexed hereto and made a part hereof (said. property being hereinafter
~ sometimes referred to as the "Exhibit A Property"); and
WHEREAS, Declarant has. recorded the "Declaration" (as hereinafter defined) in the Records of the County
Clerk ~of Brazos County, Texas, subjecting the Exhibit "A" Property to all of the terms and conditions of the
Declaration; and
WHEREAS, Declarant further declares` that it desires that the Exhibit A Property, together with other real
property in the carne general area which may subsequently be associa~Pd with the F-a~.'~:it A Property fora similar
purpose, be owned, held, sold, conveyed, transferred, leased, mortgaged, ~~~~upie~.~~ maintained, altered GVnd ..improved
subject to certain reservations, restrictions, covenants, charges, .liens, end eas~me~~~s as part of a general scheme of
development of such properties as a planned residential community accommodating a mix of single family residential
dwellings pursuant to a common and general plan for the beneft of Declarant and subsequent owners and .occupants of
such properties in order to protect and enhance the quality, value and desirability thereof; and
NOW THEREFORE, :Declarant further: declares that the Exhibit A Property shall be held, transferred, sold,
conveyed, leased, occupied and used subject: to the following reservations, restrictions, covenants, charges, liens, and
easements which are for the .purpose. of protecting the value and desirability of and which shall run with title to the
real property made subject to this Declaration: and this Supplementary Declaration, and which shall be binding on all
-parties having any right, title or interest in the immovable property made Subject to this Declaration or any portion
thereof, and their respective heirs, successors,. successors-in-titles, assigns, and shall inure to the benefit of :each owner
thereof and where provided herein, shall benefit: the property on which the Pebble Creek. Development is located.
~~
1. DEFINITIONS: As used herein, the following terms shall have the. following meanings:
1:1 Association shall mean that. automatic. membership, Texas non-profit corporation made up of those persons.
defined as "Owners" in the Declaration, and. called the Pebble Creek Development Owners Association, Inc.
1.2 Board shall mean the Board. of Directors of he Association.
l.3 Commercial Builder hall mean the Owner of an unimproved Lot who holds. title for the purpose of building
improvements thereon, and the subsequent sale or rental for occupancy.
!, 1.4 Common Area shall mean all real property (including but not i~:~~ited ;~r he improvements a~~d personal
~, property thereon and assessments) owned, held or maintained by the Association t~or the common use and enjoyment
of the Owners and .occupants of Lots and Units.
15 Community shall mean Phases D and E of the Pebble Creek Development according to th~~- plats
(collectively, the "Plat") of such subdivision recorded in the Office of the County Clerk of Brazos County, Texas, as
amended from time to time.
1.6 Declarant shall mean Pebble Creek Development Company and its successors and assigns. A person or
entity.. shall be deemed a successor and assign of Pebble Creek Development ..Company, as Declarant only if such person
or entity is specifically designated in a duly .recorded instrument as a successor and assign of Declarant. under this
Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of
Declarant under this Declaration which are specifically designated in such: written instrument. However, a successor to
Pebble Creek Development Company, by consolidation or merger shall automatically be deemed a successor or assign
of Pebble Creek Development Company, as Declarant under this Declaration.
1.7 Declaration .shall mean (i) hat certain Declaration of Easements, Restrictions, and Covenants .for The
Pebble..Creek Development recorded in Volume 1225, Pages 1 through 31 in the Office of the County Clerk of Brazos
County, Texas, and (ii) any amendments thereto, including any Supplementary .Declarations imposing restrictions,
easements, or covenants against this Community.
1.8 Golf Course Lot shall mean and refer to the Lots`adjacent to the golf course of the Pebble Creek
Development. ;
~, W920221
~,
. ~ ~~ ,n
VOL _ -~.
..,.
5
y
2
1.9 Governing Documents shall mean (i) in the case of the Association,. the Declaration, .the ~dpplementary
Declarations, if any, pother than this Supplementary Declaration, and the Articles of Incorporation. and By-Laws-of the
Association, as the same may be amended from time to time and filed of record, if applicable,. and (ii) in the .case of the
Community, this: Supplementary Declaration as the same. may be amended from time to time. and filed of record, if
.applicable. In the event of conflict or inconsistency: between. an Association Governing Document and a .Community
..Governing Document, the Association Governing Document shall control to the extent permitted by Law. - If, however,
a Community Governing Document is more restrictive than an Association Governing Document with respect to the.
permitted use of Lots or Units, then the Community Governing Document shall control. One Governing Document's
lack of a provision in;respect of a matter for which, provision is made in another. Governing Document. shall not be
deemed a conflict or inconsistency between. such Gover ..Wing Documents.
1.10 Improvements shall mean all structures and any appurtenances thereto of every type or kind, including,
but not limited to, buildings, out-buildings, swimming pools, patio covers, awnings, painting of any..: exterior surfaces of
any visible structures, additions, .walkways,. bicycle trails, sprinkler pipes; garages, carports, roads,.: driveways, parking
areas, screening, walls, retaining walls, stairs, decks, fixtures, windbreaks, poles, signs, exterior tanks, solar energy
equipment, exterior air conditioning fixtures and equipment,. exterior lighting, recreational equipment and facilities,
.and landscaping which is visible from land within the' Pebble.: Creek Development, other than the Lot, Unit or land
. ,
within the Pebble Creek Development on which the landscaping is located....
1.11 Lot shall mean a lot or parcel of land in the Community th the exc~tion of the Comi~~~:on Area, as
shown upon: the latest recorded subdivision plat.
n 1.12 Member shall mean an Owner of a Lot or Unit in the Community. who. is accordingly a member of the
~~ Association.....
1.13 Notice shall. mean the form of notice provided, by law, from time to time, for meetings ofmembers of
~~
~ Texas non-profit corporations; provided that,: if more than one Member is the Owner of a Lot or Unit, `.notice to one
such Owner whose designation by the other Owner of such Lot or Unit for that purpose has been given to the
Association (with the most recent notification controlling)' shall constitute notice to all such Owners.
1.14 Owner shall mean the Person, including the Declarant,. or if more than one, all Persons collectively, who
hold fee simple title of record to a Lot or Unit in the Pebble Creek Development, including .sellers under executory
~ contracts of sale and excluding buyers thereunder.
1.15 Reimbursement. Assessment shall mean the assessment levied ag~arist an Owner by the Association
pursuant to Section $.16 of the Declaration.
1.16 Pebble Creek Development shall mean all of the real property which is currently subject to the
Declaration. and any other real property which hereafter becomes subject to the. Declaration..
.1.17 Supplementary Declaration shall mean .this. instrument, as the same. may be amended from time to time
and filed of record.
1.18 Unimproved Lot shall mean a Lot upon which no building :~~s beer ~.~astantially compleL'd for use.
1.19 Unit shall mean (i) a Lot improved. by a single family, dwelling, ar (u) aportion of a buil .ding designated
for separate .ownership hawing delineated boundaries and located on an improved Lot, or ('iii) a portion of an
Unimproved Lot which at a .given time has delineated boundaries for separate ownership.
2. SUBJECT PROPERTIES
2.1 Existing Properties.: The real property. which, as of the date of this Supplementary Declaration, is and
j shall hereafter be owned, held, transferred,.. sold, conveyed, leased, mortgaged, used, occupied, maintained, altered and
improved: subject to this Supplementary Declaration is the Exhibit A Property. This Community is subject to the
jurisdiction of a "Community Association" (as defined in the Declaration).
~~ 22 Annexation by Supplementary Declaration. "Annexable Land" (as defined in the Declaration} shall become
part of this Community, effective upon the recordation in: the Office of the County Clerk of Brazos County, Texas, a
Supplementary Declaration meeting the requirements hereinafter set forth,: pursuant to the provisions of Section 6.1.
A Supplementary Declaration (a) shall be executed and acknowledged by the Owner(s) of the Annexable Land
described therein; (b) shall, if the Annexable Land is not then owned by :Declarant, .contain the executed and
acknowledged written consent of the Declarant for so long as the Declarant owns any property within the Annexable
..Land and has the power to annex additional: property into the Community; (c} shall contain an adequate 'description of
~, such Annexable Land; (d) shall contain a reference to this Supplementary Declaration (and any amendm Vents thereto)
which shall state its date of recordation and. recording information; (e) shall state the land classification ('residential,
commercial or other classification) of such Annexable Land is declared to be art of the Communit under this
p y
Supplementary Declaration and .that such Annexable Land shall be su~iect to this 5~-~~~3lernentary Declaration; and (g)
shall state whether such Annexable Land is or is not subject to the jurisc~~,tion a~' ~. "Community Association" (as
w920221
_ .
,,
I ~ . ~ D ~'
v~+. ...._ ~ ~.
_.~
I
y
u
3
.defined in the Declaration}. Additionally, such Supplementary Declaration may provide for. phased. annexation so that
portions of such Annexable Land maybe made subject to this Supplementary..Declaration at dif~'ereni times. A deed
by which Declarant conveys a parcel of property, including property comprising Common Area to another erson, ma
P y
constitute a Supplementary Declaration if it meets the foregoing requirements, as applicable. A Supplementary
Declaration. may impose upon such Annexable Land described therein covenants, conditions, restrictions, ' 'tations,
.reservations, exceptions and easements in addition to the. provisions set forth in thin Supplementary Declaration,.
taking into account the unique and particular aspects of the proposed development of such Annexable Land; provided,
however, in no event shall any Supplementary Declaration revoke, modify. or amend the covenants or restrictions
established by this Supplementary Declaration or any other supplementary declaration for any other property
comprising a part of the ..Community or revoke (so as to .terminate) the provisions of the covenants or restrictions
established by this Supplementary. Declaration as to such Annexable Land.
This:. Supplementary Declaration is hereby established as part of,_pursuant to and iri furtherance of a common
and general plan of the Declaration for the .improvement and sale of land within this Community and for the purpose
!, of enhancing. and protecting the value, .desirability and attractiveness. of this Community. Declarant,: for ,itself, its
i
successors and assigns, hereby declares that the Community and each part thereof shall be know, held, transferred,
conveyed, cold, leased, rented, encumbered, used, occupied, maintained, altered and improved subject to the covenants,
conditions, restrictions, limitations,: reservations, easements, and other :provisions set forth in the Declaration and this
Supplementary Declaration, for the duration. thereof.
3. USE RESTRICTIONS
Thee Lots and Units within his Community shall. be held, used and enjoyed subject to the restrictions set forth
in the Declaration, including, without ' 'tation, the architectural control provisions of .the Declaration, except for the
exemptions of the Declarant set forth in the Declaration,.. and to the restrictions stated in this Article ?. To the extent
that any of the ,following restrictions are more restrictive than any similar restrictions in the Declaration, the
restri
'ctions in this Supplementary Declaration shall control.
3.1 Single-Family Residential Construction. No boilding shall be erected,. altered, or permitted to remain on
any Lot or .Unit other than one detached single family dwelling used for residential purposes only. ,and not to exceed
two and one half (2112) stories in height and a private garage: (or other approved covered or enclosed parking facility}
and other bona hde servant's quarters; provided, however, that the servant's quarters structure will not exceed the
main dwelling in height or number of stories. Except as hereinafter provided .with respect to model homes, each
.residence shall have a fully enclosed garage for not less than two (2) cars, which. garage is available for parkin
g
automobiles at all times. The garage portion of .any model home may be used by Builders for sales purposes, storage
purposes and other related purposes. Upon (or prior to) -the. sale of said model home to the first purchaser thereof,
the garage ;portion of the. model home shall be converted to a fully enclosed -garage with ..garage doors. As used herein,
the term "r,esidential' purposes" shall be construed to prohibit mobile homes or trailers being placed on said Lots or
Units, or the use of said Lots or Units for duplex houses,. condominiums, town houses, garage apartments,: or
apartment' houses; and no Lot or Unit shall be used for business, educational, religious or professional .purposes of any
kind whatsoever, nor for any commercial or manufacturing purposes. No permanent structure of an kind or character
y
shall ever be moved onto any Lot or Unit within said Develo ment.
P
:Except as otherwise provided in Section 3..12, no portable bui~c and of any f 1c ur character ~a11 be .:moved or
placed upon any Lot or Unit. Prior to the commencement of .the construc~'~~ ~ of ~~y Improvements. wi~l~in the
Community, such Improvements of every .type and character, ..;whether attaches to or detached from the main
residential structure ;or garage constructed on .the Lots, must be approved by the Pebble Creek Architectural Control
Committee ("Architectural Committee") in accordance with .the. provisions of the Declaration.
3.2 Designation of Lot Types.. The dwelling units. constructed within the. hereinafter desi ated .sections of this
Community. shall conform to :the munimum square footage; requirements and set back requirements outlined herein.
A, Phase 1D
. 1. Lots one through nine, Block four, shall have dwelling units with a minimum square foot a of
~, 2,600 .square feet. If a dwelling unit is more that one story inheght, a minimum of 1,690 square feet shall be on the
ground floor.
2. Lot one, Block four has .this set back requirement: front 30', North side 20', South side 10', rear
40'.
3. Lots two through nine, Block four, have these set back requirements: front 30', side 10', rear 40'.
4. Lots one, .through nine, and nineteen, Block three, shall have dwelling units with a minimum s ware
q
. footage. of 2,400 square feet. If a dwelling unit is more than one story in height, a .munimum of 1,560 square feet shah
be on the ground floor. The front of each dwelling `unit of Lots one, two, seven, eight, nine, and nineteen,.. Block three,
shall. face: Winged Foot Drive..;
5. Lots one, seven, and nineteen, .Block. three, ..,have these set back requirements: front 30' North side
20', South side 10', rear 25'.
6. Lot eight has these set back. requirements:- front 30', side 10', -.rear 25'.
W920221
~w ~ ~~
VOA. • . _ ~ ~ ~~-~ , ~-
.~
1
~ -
1
i
4
7. Lots two .and nine, Block three, have these. set back requirements: front 30', North side 10' South
side 20', rear 25'.
8. Lots three through six, .Block three, have.. these set .back. requirements: front 30', side 10' rear 30'.
Lots three and five have two rear set backs.
9. Lots ten through eighteen, Block 3 shall have dwelling units with a minimum square foot a of
2,300 square feet. If a dwelling unit is more than one story in height, a manirnum of 1,495 square feet shall be on the
ground floor.
10. Lots ten throe h ei hteen Block thre
g g_ e, have these set back requirements: front 25', side 7.5',
~, rear 25'. Lots thirteen and fourteen have two rear set backs.
B. Phase IE
1. Lots ten through fifteen, Block four shall have dwelling unity ~~ith a ra~n~rnum square footage of 2,600
square feet.. If a dwelling unit is more than one story in height, a minimum . i' ~., 0~ square feet shall be on the ground
floor. ,
'~~ 2. Lots: ten.. throe h fifteen ~ ~'
.Block four have t
hese set. back re u~re
g meets. front 30 side 10 rear 4
q , 0.
', 3. Lots twenty, thirty four, thirty five, and fifty one, Block three, shall..have dwelling units with a minimum
square footage of 2,400 square feet. If a dwelling unit is more than one story in height, a minimum off' 1,560 square
.feet. shall be on the ground floor. The front of each dwelling unit shall face Winged Foot Drive.
4. Lot twenty and thirty five, Block three, have these set back requirements: front 30', North side 10', South
side 20', rear 25'.
5. Lots thirty four and fifty one, Block three, have:.these set back requirements: front 30', North side 20',
South side 10', rear: 25'.
6. Lots twenty one through thirty three, Block three shall have dwelling units with a minimum square footage
of 2,200 square. feet. If a dwelling unit is more than one. story in height, a minimum of 1,430 square feet shall be on
the ground floor..
7. Lots twenty one through thirty three, Block three, have these- set back requirements: front 25', side 7.5',
rear 25'. Lots twenty six and twenty eight. have two rear set. backs.
8. Lots thirty six through. fifty, Block three, shall have dwe .lung units. with a minimum square .footage of 1,900
..square feet. If the dwelling unit is more :than one story in height,. arnriinum of .1,235 square feet shall be on the
ground floor..
9. Lots thirty six through fifty, Block three have these set back requirements: front 25 ; side 7.5', rear 25'.
Lot forty three has two rear set backs.
3.3 Composite Buildin Site. Any.Owner of one or more adjoining Lots or Units (or portions thereof) may,
with the prior; written approval of the Architectural Committee, conscli.date such Lots or Units or portions .into one
building site, with the.privilege of placing or constructing Improvements ~n such ~~sulting site, in whic~ case the side
..set-back lines shall be measured from. resulting side property _lines: rather the pro Y°~ the Lot or Unit lines as indicated
on the Plat... Any such composite boil :ding site must have a frontage at ~ he ~-uilding set-bark line of not less than the
minimum frontage of all Lots in the same block. In addition, the side lot utility easement, if applicable, must be
abandoned or released in accordance with applicable law, and the Owner shall be responsible for the cost of relocating
any utility lines and restoring the surface of any'abandoned or relocated utility easements. Upon suc~~ abandonment or
release and: upon the receipt of written... approval of the Architectural Committee, such resulting composite .building
sites shall thereupon be regarded as one (1) "Lot" for all;. purposes hereunder. Any such composite building site (or
building site resulting from the remainder of one or more Lots having been consolidated into a composite building site}
must contain eat .less than 10,000 square feet, except as otherwise. provided by the Board.
3.4 Location of the Improvements upon the Lot or Unit. No residential structure or any: other Improvement
shall be located on any Lot nearer o the front, rear, side or street-side Lot building line shown on the Plat or nearer
to the ;property. lines than the minimum boil .ding set=back lines described in Section 3:2. For. per uses of this
p
Declaration, steps, screened porches (covered or uncovered), storage rooms, stoops, and servants' quarters, shall be
considered'as part. of a residential structure or other Improvement: This covenant shall. not be construed to permit
any portion of a building foundation on a Lot to encroach-`upon an easement. The main residential structure on any
.Lot shall face the front of the Lot, except as otherwise approved in writing by the Architectural Committee.
3.5 Removal of Trees, Trash and Care of Lots and Units During Construction of Residence.
A. Unless located within ten feet {10') of a building or a recreational or parking facility, no Owner other than
Declarant shall be entitled to cut, remove or mutilate any trees, shrubs, bushes or other vegetation having a trunk
diameter of six (6") inches. or .more. at a point of four feet: (4') above gti~~~and level, wJ~ ~~~.~~a obtaining t'?e prior written
approval of .the Architectural Committee, provided: that dead or diseased ti~,~Qs w~~}~h are inspected and certified as
dead or diseased by the Architectural Committee or .its representatives, as weir as wrier dead or diseased shrubs
..brushes, or other vegetation, shall be ~ cut and removed promptly from any Lot, by the Owner of such Lot.
B. Subject to the provisions of Section 3.5(A}, above,. all Owners, during .their res ective construction of a
P
....residence, are required to remove and haul from the Lot or Unit all tree stumps, trees,. limbs, branches, underbrush
and all other. trash or rubbish cleared from the Lot or Unit for construction of :.the. residence, construction of other
improvements and landscaping. No burying is allowed on the Lot or Unit. (unless. written permission is anted
1
therefor by the Association which .,permission may be withheld or withdrawn at any time and from time to time in the
~V920221
c~ r c
5
sole discretion of the .Association) ..and no materials or trash hauled. from the Lot or Unit may be placed elsewhere in
the Pebble Creek Development or on land owned by Declarant whether adjoining the Pebble Creek Development or
not.
C. All Owners, during their respective construction of a residence, are required to continuously keep the Lot
or Unit in a reasonably clean and organized condition. Papers, rubbish, trash, scrap, and unusable building materials
are to be ke t icked u and hauled from the Lot or nit. ther usab
U 0 le buildin materials are to be ke t stacked and
PP P g P
.organized in a reasonable manner upon the Lot or Unit.
D. --All Owners shall keep streets and street ditches free from trash, materials,. and dirt. Any .such trash,
materials, or excess dirt or fill inadvertently spilling or getting into the streets or street ditch shall be removed,
without delay, not less frequently thane daily.
i
~ E. No Owner or Contractor may enter onto a Lot or Unit adjacent to the :Lot or Unit u on which he is
. P
building for:. purposes of ingress and egress to lus Lot or Unit during or after construction, unless such. adjacent Lot or
Unit is also owned by such Owner, and all such adjacent Lots or :Units shall be .kept free of any trees underbrush,
trash, .rubbish andlor any other. building or waste materials during.: or after construction of Improveme~~ts by the
owner of an adjacent: Lot or Unit.
3.6 Masonry. Requirements. Without the prior approval of the Architectural. Committee, no residence shall
have less than seventy five percent (75%) masonry construction or its. equivalent on its exterior wall area.
3.7 Carports. No carports. shall be erected or permitted. to remain on any Lot or Unit without the express
prior writ$en approval of the Architectural Committee.
3.8 Walls, Fences and Hed es. The .following restrictions shall apply to fences constructed on': he Lots
described below: ;~
A. Golf Course Lots. Between. the rear building set-back line'and rear property~line, no wall, fence, planter or
hedge: with. a olid base may be erected, planted or maintained except: for that which shall be approved in writing by
the Architectural Committee.. A fence of a standard design not exceeding six feet (6')- in height, as approved in writing
by the Architectural Committee, that would not unreasonably obstruct the view of the Golf .Course by adjacent
property Owners may be constructed between the front building et-back line and the rear- property line.
B. All Other Lots: -A decorative fence not exceeding six feet (6') in height, as approved by the Architectural
Committee, may be constructed.
3.9 Visual Obstruction at the Intersections of Streets. No planting c~~r object which obstructs sight lines at
elevations ..between two feet (2') and six feet (6') above the roadways within the. triangular .area formed by the
intersecting street :property lines and a line connecting them at points twenty-five feet (25') from the intersection of
the street property lines or extension thereof shall be placed, planted or permitted to .remain on any c~~rner Lots.
.
3.10. Air Conditionin Requirements. No window or wall type air conditioning units shall be permitted to be
used, erected, placed or maintained in or on any building in any part ,of the. Community.
3.11 Prohibition of Offensive Activities. Without expanding. the permitted uses of the Lots and .Units, no
activity, whether for profit or not, shall be conducted on any Lot or Unit which is not related to residential purposes.
~~ No noxious or offensive activity of any ort shall be permitted nor shall anything be done on any Lot or Unit .which
may be or may become an annoyance or a nuisance (including, without limitation, defective or unreasonably loud
security or fire alarm devices) to the Pebble Creek Development. This restriction is waived in regard to the customary
sales activities required to sell homes in ..the Pebble Creek Development. No horn, whistle, bell or other sound. device,
except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot
or Unit. Exterior speakers may be ocated, .used or placed on a Lot or Unit provided that the use of such exterior
speaker does not constitute a nuisance or annoyance.. The Board. shall have the sole and. absolute discretion to
determine what constitutes anuisance- or annoyance.. Activities expressly prohibited, include, without limitation, (1)
the performance of work on automobiles or ..other vehicles. upon the Lot or Unit or in driveways. or .streets abutting
•
Lots or Units, (2) the .use or cscharge of firearms, .firecrackers or other fireworks vv~thm the Community, (3) the
storage. of .flammable liquids in excess of five gallons, or (4) other activities which maybe offensive by reason. of odor,
fumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by rPA~~n of excessive danger,...,..fire or
explosion.
As indicated above, no Lot or Unit: in the Community shall be used l~~r any commercial, .educational,:
manufacturing, business or professional. purpose. nor for church purposes. The renting or leasing of any residential
. dwelling is subject to the provisions of Section 3.33.
No Lot or Unit or other portion of the Community shall be. used or permitted for hunting or for the discharge
of any pistol, rifle, shotgun, or any other firearm,. or any: bow and arrow or any other device capable of killing or
..
~n~ur~ng persons.
~I W920221
c~
V0~ ~ ~n~~ ~.. ~,
r
i
6
- 3.12 Use of Temporary Structures. No structure of a temporary character, whether trailer, basement tent
shack, :garage, barn or other outbuilding shall be maintained or used on any Lot or Unite at .any time as a residence nor
-for any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive
right to erect, place and maintain uch facilities in or upon any portions of the Communit as in its sole discretion ma
y y
be .necessary or convenient while selling Lots or Units, selling or constructing residences and constructin other
g
Improvements within the Community. Such facilities may include, but not 'necessarily he limited to sales and
construction .offices, storage areas, model .units, signs, and portable toilet facilities. Commercial-Builders and
Contractors may, with the prior written approval of the Architectural Committee, exercise the ri hts reserved b
Declar g y
.ant in this Section 3.12.
i
3.13 Storage of .Vehicles. or Equipment.. No motor vehicle or non-motorized vehicle (including, without
limitation, trucks and recreational vehicles), boat, trailer,..-camper, mari.~e craft,..mac~~:~ry or equipment of any kind
j may be parked or stored for longer than ten (10) hours or on a semi-perxt~anent o~~ daily basis on any part of any Lot
or Unit, private or public road or street, easement, right-of-way, or Co~man~ :lea ~~~less such vehicle or object (i) is
completely concealed from public view inside a garage or approved enclosure or (u) is owned by an overnight guest of
the Owner and such use does not extend for more than three (3) days. Notwithstanding the ten (10) hour parking
'~ restriction and guest parking exception, there shall be no over-night .parking on any road or street. T'assenger
'~ automobiles, assen er vans motor cles or ick-u trucks that are in o eratin ' ' ~~ '
P g ~ cy ~ p p p g condition, having cup rent license
plates and ,inspection stickers, and that are in daily use as motor .vehicles on .the streets and highways. of the State of
', Texas are exempt from the ten (10) hour parking restriction ,only as it pertains tto parking of vehicles on the driveway
portion of any Lot or Unit. No vehicle shall be parked in a yard or in the street or along the side of a street so that it
• .
blocks the flow of traffic. No vehicle may be repaired on a Lot or Uiut unless such vehicle is concealed inside a garage
or other approved enclosure 'during the repair thereof.
Thin restriction shall not apply to any vehicle, machinery or equipment. temporarily .parked and in use for the
construction, repair or maintenance of (i) residential dwelling(s) or related Improvements in the .immediate vicinity
thereof or (ii) utility Improvements in Pebble Creek Development.
3.14 Animal Husbandry. No animals, livestock, bees or poultry of any kind. shall be raised, bred or kept. on any
Lot or Unit except that dogs, cats or other common: household pets may be kept provided ..that. they are not kept, bred
or maintained for commercial purposes and do not become a nuisance or threat to other Owners. No more than four
(4) total animals shall be kept as household pets. No Owner shall. permit any dog, cat or other domestic pet .under his
ownership or control to leave such Owner's Lot or Unit unless such pet - is leashed and accompanied by a member of
such Owner's household.
3.15 Lot and Unit Maintenance.
~~
A. All Lots and Units shall be kept: at all times in a neat, attractive, i~eai~Yi~ul and sanitary condition, and the
Owner or occupant of all Lots and ..Units shall keep all weeds. and grass thereon cut and shall in no event use any Lot
or .Unit fore.., storage of materials or equipment except for normal residential requirements or incident to construction of
! Improvements thereon as herein permitted,..: or .permit the accumulation of :garbage,.. trash or rubbish off' any kind
thereon. All yard equipment or storage piles shall be kept screened by a ervice yard or other similar facility as herein
otherwise provided, so as to conceal them from .view of adjacent Lots or Units, streets or other property.
B. In the event of any default by the Owner or other occupant of any Lot or Unit in observing the above
requirements, which default is continuing after ten (10} days written notice thereof to Owner or occupant, as
applicable, the Declarant, or the Association or their designated agents may, without. liability to the Owner, .Contractor
or any occupants of the Lot or Unit in trespass or otherwise, .enter upon (or authorize one or more others to enter
.upon) said Lot or Unit, cut,. or cause to be cut, such weeds and grass and remove, or cause to be removed, such
garbage, trash and rubbish or do any other thing necessary to secure comp .fiance with this Supplementary Declaration,
so as to place said Lot or-Unit in anent,-.attractive, healthful and sanitary condition, and may charge. the Owner,
Commercial-Builder or occupant of such Lot or Unit for the :cost of such work and removing such associated materials.
The cost of such work and removal shall constitute a Reimbursement Assessment.
3.16 Sins, Advertisements, Billboards. No sign, advertisement, billboard, or advertising structure of any kind may
be erected or maintained on any Lot or Unit in the Pebble Creek. Development without the prior approval of the
Architectural Committee and any such approval which is granted may be withdrawn at any time, in which event, .the
parties granted such permission shall immediately. remove such structures. Additionally, no street or directional si s
may be installed within the Pebble Creek Development without the prior written approval of the Declarant and the
Architectural Committee.
The Declarant, the Association or the Community Association (or an~~ agent designated in wrttin b Declarant,
gY.
the Association or the Community Association} shall have the.. right to remove and .dispose of any such prohibited si ,
advertisement, .,billboard or advertising structure which is placed on any. Lot or Unit, and in doing so shall not be
subject.::to any liability for trespass or any other tort in connection therewith or arising from such. removal nor in an
Y
way be liable for any accounting or other claim by reason of the disposition: thereof.
W920221
~~ c~
V0~ ~~ .~~'~f
a
i
I
7
3.17 Maximum Height of Antenna. No radio or television aerial wire. antennae or satellite receivin dish shall b
g e
maintained on any portion of any Lot or Unit, except as may be approved by the Architectural Committee. No
electronic device which interferes with he television reception of the occupant of any other Lot or Unit shall be
permitted within the Community.
3.18 Wind Generators. No wind generators shall be erected or maintained on an Lot or Unit-if said enerator is
,Y g
visible from. any other Lot or Unite or street.
''
3.19 Solar Collectors. No solar collector shall be installed without.`the prior written a royal of.. the Architectural
PP
Committee. Such installation shall be in harmony with the design of the residence. Solar collectors shall be installed
in a location not visible from the public street in front of the residence.
3.20 Swimming Pools. No swimming pool may.:be constructed on any -Lot or U~x~ ~,~ithout the ~~or written
a royal of the Architectural Commi .~ • ~~~~,ro ~ P •
pp ttee. Each application made to the ~, ~.tec ~~~a1 Committee shall ~,a accompanied
~~ by two sets: of plans and.: specifications for the proposed swiir,~ming pool. conslaru~aion "to be donee on such Lot or Unit,
including a plot plan howing the location and dimensions of the swimming pool and all related im rovements to ether
wit - P ~ g
h the plumbing and excavation:: disposal plan. The Architectural Comnuttee's approval or disapproval of such
swimming pool shall be made in the same manner as described in the Declaration hereof for other bu~~ldin
g
' improvements. The Owner shall be responsible for all necessary temporary erosion control measures. re aired durin
q g
swimming pool construction on said Lot or Unit to .insure that there is no erosion into the streets lakes
golf course or
other Lots.• Swimming pool drains shall be_piped into the storm sewer. drainage system. In no event shall swimmin
g
pools be drained.., or discharge water into the streets,. lakes, golf course or other .Lots. All swi~rimin ools must be
gP
enclosed with a fence (whose design and composition is approved by the Architectural Committee and must com 1
Py
with ordinances of .the city of College Station.
3.21 Drying of .Clothes in Public View.. The drying of clothes in public, ,view (whether from Common Areas
[including streets], the Golf Course, other Lots or any other land within the Pebble Creek Develo ment) is rohibited.
P P
3.22 Garage and Garage Doors. Each dwelling. unit shall have a fully.. enclosed garage to be constructed at the time
of the main .residence, and the garage shall be constructed to house not less than two nor ;more than:-.four automobiles.
No Owner shall be entitled to enclose a garage for residential use without plans and s ecifications hawin been
P g
approved by the Architectural Committee ..for. a replacement garage. All garages must be constructed of .materials that
are compatible with the construction materials ..used in the primary dwelling, All roof materials must be of the same
nature as the materials used on thee. main dwelling, and all exterior garage walls must be constructed of the same or
similar material as the exterior of the main dwelling. All; garages must be finished with sheetrock to ed and ainted
P P
or other finish approved by the Architectural Committee. Garage doors visible from any street shall be ke t in the
P
l closed position when the garage is not-being .used by the Owner or occ~~~ant.
The following lots. shall have es that o en to the side or rear of the lot exce t that a
~ P ~ p garage may open to
the front of the lot if (i) the front `of the garage is set back at least forty feet from the front of the main dwelling, or
(u) the lot is located on a .cal-de-sac and has less. than forty feet of width across the front buildin liriP (unless
g
otherwise approved by the Architectural Committee):
A. Lots one through nine, Section D, Block Four,
B. Lots ten through fifteen, Section E, :Block four,
C. Lots one, two, seven, .eight, nine, and nineteen, Section D, Block three, and
D.' .Lots twenty, thirty four, thirty flee, and fifty .one, Section.., E, Bloclt three.
The following lots shlall have garages that open o the side or rear of the lot, exce t that a e ma o en to
P l~'~ Y P
the. front of the lot if O .the front: of the garage is set back at least ten feet from. the front of the main dwellin or (ii
g~ )
the lot is located on a cal-de-sac .and has less than forty. feet of width across the front building line .(unless otherwise.
approved by the Architectural. Committee):
A. Lots three through six, and lots ten through eighteen, Section D, Block three, and
B. Lots twenty one through thirty three, Section E, Block three.
The following. lots. shall have garages that open to the side or rear of the lot, exce t that a e ma o en to
P ~'~ y P
~ the front of the lot if (i) the front of :the garage is set back at least four feet. from the front of the main dwellin or (ii)
g~
the lot is located on a cal-de-sac and has less .than forty feet of width across the front bail-ding line (unless otherwise
' approved by the Architectural Committee):
A. Lots thirty six through fifty, Section E, Block 3.
3.23 Control of Sew-age Effluent.. No outside toilets. will be permitt4~ ~~ and r. installation of an the of device for
. dis oral of sews a shall be allowedwhic w ;~ ~ . ~~ ~ Y ~ ~.. .
P g h ould result in raw or untreated ~~ {~~~~a.~~lary sewage being carried in the
streets or into any. body of water.
3.24. Residences and Improvements Damaged by Fire or Other Casualty. Any Im rovements witl~~in the
P
Community that are destroyed partially or totally by fire, storm, or any other casualty, shall be re aired or demolished
P
within a reasonable period of time, and the Lot ~ or Unit and Improvements thereon as a licable restored to an
PP
orderly and attractive condition.
~V92Q221
1f ~ ~6j , ~
«.
t
1 _
1,
I r
I
Qn
V
,
1
j
3.25 Vehicles Permitted to Use Roads and Streets.
A. The. only motorized vehicles allowed on the roads and street easements in the Pebble Creek Development
shall be (1) motor vehicles currently licensed and inspected for use on public highways or (2) golf .carts with a current
permit issued by the Pebble Creek' Country Club; provided, however golf carts shall be operated in the Pebble Creek
Development olely for purposes of access to and from ..the Pebble.. Creek Country Club..'
B. The use of non-licensed motor vehicles inclu .ding, .but not limited to, automobiles, trucks, .motorcycles, dirt
bikes, off-road vehicles and go-carts is expressly prohibited.
C. Vehicles, regardless of type, may only be operated by individuals holding a current driver's license valid in the
State of Texas or the state of such person's domicile.
~ D. Licensed motorized two-wheel or three-wheel vehicles (1) shall ~-~ allow: within the Pebble creek
~ Development solely for the purpose of access to and from the Pebble Creeke~el~r~~nent and access to and from the
Pebble Creek Country Club, but shall not be permitted for travel within Pebble Creek Development and (2) shall not
be used within any Common Area other than paved streets.
3.26 Boats Prohibited on Lakes. No boats shall be ermined on an of the lakes. within the Pebble Creek
P y
Development, except that boats operated by the Association or Country Club (or their respective contractors) may be
used in connection with the maintenance of .the lakes and removal of golf balls and other objects from the lakes.
3.27. Swimming Prohibited in Lakes. Swvmming in .the lakes shall be prohibited at all times. .
3.28 Landscaping.
A. Before any initial landscaping {inclu .ding the planting of grass) shall be done in he front yard of any newly
constructed dwelling, the .landscape budget and general layout shall first have been approved in writing by the
.Architectural Committee. All approved initial landscaping shall be completed not later than sixty (~0) days after
~ substantial completion of the .dwelling, ..except for emergency situations. as approved by the Architectural Committee.
~ B. All landscaping installed by Owner shall comply with the landscape criteria ("Landscape Criteria") established
by the Architectural Committee, as such Landscape :Criteria. may be amended from time to time. However, any
landscaping. installed by the Owner which is approved by he Architectural Committee prior to the establishment of the
Landscape. Criteria or at any time after such Landscape Criteria is established shall be maintained by the Owner in a
neat and attractive .condition at all times. Any replacement landscaping which complies with the Landscape Criteria
does not need to be approved by the Architectural Committee, hovvevt~r, an Owner ~~~~ submit a lar~w~scape 'layout and
plans for replacement landscaping. to the Architectural Committee for app, ^va11~W~ the Architectural Co~~mittee.
~~ C. The Architectural Committee shall in its sole discretion and authort determine whether the landsca e
y~ p
layout .and plans. submitted to it for review, includin ,but note necessary limited to, drain ~'e ass shrub and tree
g Y ~ ~ ~'
planting, .are acceptable to the Architectural Committee. The. Architectural Committee may require additional and/or
di#~'erent types of landscaping should the Architectural Committee deem it to be necessary.
D. Owners of Golf Course Lots shall not grow, nor :permit types of grasses or other vegetation to grow which, in
the opinion of the Architectural Committee, isulimical to gol f course grasses or vegetation, in the .portion of the Golf
Course Lots adjacent to the Golf Course. Such Owners may, however; with the prior. written approval of the
i Architectural Committee, install barriers which will prevent the spread of otherwise prohibited grasses or vegetation
into the Golf Course, and, following the. installation of such barriers, may grow such grasses or vegetation adjacent to
the Golf Course.
E. The Architectural Committee .reserves the right to require the installation, operation, and maintenance of
underground irrigation systems in proper working order when proximity to golf course, water table, tree count, and
other relevant factors are considered.
3.29 Roofin . No external roofing ..material .other than the roofs, No.1 Cedar wood shingles, or composition
. shingles (excluding three tab shingles), as approved by the Architectural Committee, shall be used on any residence or
other ..Improvement on any Lot or Unit. All roofs: shall have prior written. approval of the Architectural Committee
prior to installation. The minimum pitch on roofs shall be 4:5 to 12.
Roof fans, attic fans, attic ventilators or other roof penetrations m=west be appro~ .~~ ay the. Archit~~~~^tural Committee
if any portion of the Improvement is visible from the front property line o~, ~~,~ f eh~;urse.
3.30 Driveways. Driveways ahall be constructed entirely of concrete, exposed aggregate or brick pavers, or asphalt
~i paving. If asphalt pavYng is used, curbs and gutters must be instahed.
3.31 Li htin . No exterior lighting` may be constructed or installed on any Lot or Unit without the prior written
approval of the Architectural Committee. Post lamps. at the street may be required by the Architectural Committee,
w920221
~rn~ ~ ~.~~I' n~rr ~'l~
.
I
9
~ 3.32 Minimum
Slab Elevation. The slab elevation of all .constructed dwelling units, garages and related
Improvements shall not be less than one foot (1') above the 100-year flood ;plain elevation of ouch Lot or Unit.
3:33 Rental and Leasing. Owners must notify the Association if their Lots or Units are leased or rented. Owners
must also provide the Association with the name of the tenant, a .copy. of the lease and .the current m ..ailing address of
'~ the Owner...In no event, however, shall any rental or leasing be allowed except pursuant to a written agreement or
form approved by the Association Board that affirmatively obligates all tenants and other residents of the Lot or Unit
to abide by this Declaration, the Declaration, and the Rules and Regulations of the Association.
i
3.34.. Unfinished-Rooms. Substantially all rooms in all dwelling. units, .other than attics, must be finished in
compliance with all applicable building code requirements. The Architectural Committee ma allow for a few
y
unfinished rooms as long a~s the a ear from the exterior view to be com :fete.
y rr r
3.35 .Variances., The Architectural Committee may authorize variarr~~~c from; compliance with any of the .provisions
~ of this Supplementary Declaration or minimum acceptable construction standards oY~ re bons and re uirements as
q
promulgated from time to time by he_Architectural Committee,:.when circumstances such as topography, natural
I obstructions, hardship, aesthetic, environmental, or other considerations which in the sole opinion of the Architectural
Committee may require a variance, Such variances must: be evidenced in writing and shall become ef~%ctive when
signed by the Declarant or by at least a majority of the members.. of the Architectural Committee. If any..,, such
variances are granted, no violation of the provisions of this Supplementary Declaration shall'be deemed to have
occurred with .respect to the matter for which the variance is granted; provided, however, that. the granting of a
variance shall not operate to waive any of the provisions of this. Supplementary Declaration for any ur ose exce t as
~A P P
to theparticular property and particular provisions hereof covered by the variance, nor .shall the granting of any
variance affect in any way the Owner's obligation to com 1 with all overnmental laws and re ations affectin the
Py g ~ ~ g
ro ert concerned and the Plat.
P P y
3.36 Dish Antennae. No electronic radio or television dish antennae or any other type of receiving or transmitting
equipment shall be permitted ~on any Lot unless it is erected, placed, or mounted in such a manner that such. antennae
or other equipment are concealed completely from., view: from public or private streets or courtyards, and are otherwise
acceptable to the Architectural Committee.
4. PROPERTY MAINTENANCE REGULATION:
4.1 Exterior Maintenance of .Improvements. In the .event an Owner or occupant shall. fail to maintain the
Improvements on a Lot or Unit in accordance with .the provisions of this Declaration and the construction .guidelines of
the Association or Architectural Committee, which default is continuing after thirty (30)_days written~notice thereof to
'~~ the Owner or occupant, as applicable,. then the Declarant or the Assoc;~~.tion or thea~ ~~~ignated agen~~~ may, without
liability to the .Owner, Contractor or any occupants of .the Lot or Unit in tr~laask ~ ~r otherwise, enter ut~~~-n (or
authorize one or more others to enter .upon} said Lot or Unit and to repair, maintain or restore the exterior of the
~~ Improvements thereon at the. cosh of and for the account of the Owner of such Improvements. The cost of such
I' exterior maintenance shall constitute a Reimbursement Assessment.
4.2 Entr~Rights. The Association may enter upon any Owner's Lot or Unit at reasonable times. to maintain the
Common Area, to remove refuse and to provide, the exterior maintenance permitted under. this Article 4. Such right of
entry shall include the right to use of the Owner's water, from an outside spigot in reasonable amounts, without
compensation to the Owner, if used for malritenance on the 'Owner's Lot or Unit, or lIl the Common Area. This
~~ provision shall not be construed as authorizing entry into-any completed Improvements located in the Community
unless a clear emergency exists.
5. EASEMENTS:
5.1 Easements.. The Declarant reserves fora public. use the utility easements shown on the Plat or that have been
or hereafter may be .created `by separate instrument recorded in the Office-of the County Clerk of Brazos County,
Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric
power, telegraph and telephone line or lines, gas lines, sewers, water nes, storm drainage (surface.. or underground), or
any other .utility the Declarant sees fit to install, in, across and/or under the Property. All utility easements.. in the
.Community may be used for the construction of drainage swales or ditches in order to provide for improved surface
drainage of any designated reserves, Common Area and/or Lots or Units. Notwithstanding anything to the contrary
contained in the Section 5.1, no sewers, electrical lines, water lines, or other utilities may be installed -on the Lots or
Units except as. initially approved in writing: by .the Declarant. Shouldany utility company furnishing a service covered
by the general easement herein provided request a specfc easement ~~~ separate =~~~:ordable docume~~t, Declarant,
prior to: the Control Transfer Date, without the joinder of any other Owner:; ,y~,a~;. have the right o grant` such
easement on said Lots or Units without conflicting with the terms hereof, provided that such easements do not
unreasonably interfere with the Owner's use and enjoyment of .such Lots or Units...Any: utility company. serving .the
'~, Pebble. Creek .Development shall have the right to enter upon; any utility easement for the purpose of the. installation,
repair and maintenance of their respective facilities. Neither Declarant, nor any utility company usin *, the easements
herein. referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, ~to
fences, shrubbery,.. trees and lawns or any other:property of the Owner an the property covered by said easements.
W920221
10
5.2 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Declarant to any
of the Lots or Units by contract .deed or other conveyance shall be subject to any easement affecting,same for
roadways or drainage, water line, gas, sewer, storm sewer, .electric lighting, electric power, telegraph or telephone
purposes and any other easement hereafter granted affecting the Lots or Units. The Owners of the respective Lots or
Units shall not be deemed to own pipes, wires,.. conduits or other service lines running through their -Lots or Units-
which are .utilized for or service other Lots or Units but each Owner shall have an easement in and to the aforesaid
facilities as shall be necessary for the use, maintenance and enjoyment. of his Lot or Unit.
5.3 Utility Easements
A. No :building shall be located. over,. under, upon or across any portion of any utility easement, however,. the
'~ Owner of each Lot or Unit shall have the right to construct, keep:. and maintain concrete drives and similar
Improvements across the utility easement along the front of .the Lot or Unit andlor along the side of corner Lots or
~ Units :adjacent to street right-of-ways and shall be entitled to cross suc Pasemer~t at all time for pur~~~oses of g~~ining
access to and from such Lots or Units.
B. The Owner of each Lot or Unit also shall have the right to construct, keep and maintain driveways,
walkways, steps and air conditioning units and equipment over, across or upon any unlit easement aeon the side of
y g
such Lots or Units (the "Side Lot Utility Easement"}, (other.. than along any Side Lot Utility Easemen~ -which is
adjacent to a street right-of-way) and shall be entitled, at all times, to cross, have access to and use the Improvements
located thereon, however, any such Improvements placed upon such Side Lot Utility Easement ~by the Owner ..shall be
constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot or Unit subject to said Side Lot
Utility Easements shall be responsible for O any repairs to the walkways, steps and. air conditioning ..,units. and
equipment which cross or are located upon such Side Lot Utility Easements and (ii) repairing any damage to said
~ Improvements caused by the public utility or other beneficiary of such easements in the course of installin , o eratin ,
g p g
maintaining, repairing, or removing its facilities located within the Side: Lot Utility easements.
C. The Owner of each Lot or Unit shall indemnify .and hold harmless ..Declarant, the Association, and public
utility companies having facilities located over, across or under utility easements from any loss, expense, suit or
demand resulting from injuries to persons or damage to property in any. way occurring, incident to, arising out of, or in
connection with said Owner's installation, maintenance, repair or removal of. any permitted Improvements located
within utility easements, including where such injury or damage is caused or alleged to be caused by the sole
negligence of such entities or their employees, officers, -contractors, or .agents..
6. ANNEXATION OF ADDITIONAL LAND
6.1 Further Development. Reference is hereby made to the fact that Declar~ntE currently owns the Annexable
~ Land as defined in the Declaration. It is currently contemplated by Dec,rant thA~ portions of the Anrr~xable Land will
be developed in various. stages or phases for residential purposes; however, `t~~ f~~:~~n~ing is only a current. intentions
and is subject to change without notice. It is also the present intention of I~~eclarant that if such develo merit occurs,
P
mutual easements (including .utility easements), licenses and rights may be granted for the benefit of the Association
and .Owners, and the present and future owners and tenants ovcming or leasing improvements in any developments now
or hereafter constructed ,on the Annexable Land. In order to effectuate such intentions, certain easements are herein
retained and granted, and provision is made for certain rights to be granted to the Association or the Owners to
acquire easements and rights with respect to current and future development on other Annexable Land. From and
after the date hereof until. the Control Transfer Date, Declarant shall retain and have the power, without the consent
of'any other: Owner or the Association, to annex portions of the Annexable Land into the Community. provided that 'the
property so annexed is to be developed in a manner generally similar to the existing Lots and Units iri accordance with
a general plan of development under which (i} the architectural standards prey ' ' g within the. Community will be
continued in such. annexed property, (ii) the type of residential Improvements to be constructed in such annexed
property will be s' ' ar in value and cost to one or more of the types of existing. or contemplated .residential
. ,„ .
Improvements in the Community, and {ui} the annexed property will become subject to assessment in the same
manner as is prey .wiling .for. the Community. Declarant also shall be entitled to :annex portions of the Annexable Land
into the Community-after .the Control Transfer Date, without the consent of any other Owner. or the Association,
provided that the first annexation proposed by Declarant subsequent to the Control Transfer Date is effected prior to
the second annual anniversary of the Control Transfer Date, as extended b , Bela s in develo merit outside of the
Y. y P
~ reasonable control of Declarant ("Excusable Delays"), and any subsequent annexation proposed by Declarant is effected
prior to the second annual anniversary. of the recordation of the most recently recorded Supplementary Declaration
annexing a portion. of the Annexable Land in to the Community, as extended by Excusable Delays.. If Declarant
desires to annex portions of .the Annexable .Land into the. Community at any time after the second annual anniversary
of the Control Transfer Date or the second annual anniversary of the recordation of ~~ most recently recorded
Supplementary Declaration annexing a portion of the Annexable Land. ins<~ ~.he Co~~munity, ....Declarant -~ha11 be entitled
to annex such Annexable Land into the Community with. the written approves (iay ~.~ tten instrument or written ballot}
of the Class A Members holding not less than sixty-seven percent (67%) of the noting power within the Community
(exclusive of the voting power of the Declarant). ~iowever, any annexation 'subsequent to an annexation approved by
such Members shall not require; the vote of the Members described in the preceding sentence if such annexation occurs
prior to the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration
annexing a portion of the Annexable Land. into the Community, as extended by .Excusable Delays.., The additions
W920221
~c
n
•~ ~
t -
I
~i i
authorized under this Section 6.1 shall be made by filing a supplementary. declaration or record with respect to the
property to be annexed into: the Community...
6.2 Easements and' Rights Presently Reserved. Declarant hereby reserves unto itself, its successors and
assigns, a nonexclusive easement and right-of-way .for ingress, egress::and parking over, across and through all streets
and roadways (private , or otherwise) shown on the Plat, said easement.:. and right-of-way to expire on the Control
Transfer Date, if Declarant has not, prior to such date, .annexed portions of the Annexable Land into the community..
6.3 Obli anon to .Grant Reciprocal Rights.: Declarant may, from time to time, assign one or more of the
easements set out in :this: Article 6 to such persons or entities as it desires, including.. but not ' 'ted to property
owners' associations, .but in no event to `any person or entity that does not have an interest in a tract or parcel of land
:situated within the Annexable Land, it being intended that the right to use such easements be limited' to parties
residing on or using the Annexable Land or the Community, and their guests and invitees. No assignment of any such
easement or easements shall be made unless concurrently therewith tbQ parties, or ~,~t~ ~sentatives i;'~.ereof, who are.
being granted such rights also grant to the Qwners or the Association a r~:~iprocr~~ easement or easeme~~ts with respect
to anysimilar facilities, if any, owned by such parties and located on the Annexabie sand, or any part thereof. Subject
to all of the provisions of this Article 6, Declarant' and its :successors and assigns may make multiple nonexclusive
assignments of the easements herein granted to it
~ 6.4 . Allocation of Ex enses. If an of the easements and. ri hts anted b this Article are assi ed to other
p y g gr y 6 gn
~ entities or persons in connection with. the development of Improvements on the Annexable Land as set out in Section
6.2 above, .all such assignments shall provide that the assignees thereunder ..shall-bear their .proportionate share of the
costs of .maintaining, using and operating the street,. road, recreational facility or other facility, as the .case :may be, as
to which such right is granted. Such sharing of costs and expenses shall be based upon the actual costs of ownership,
operation and maintenance of the facility in question, and shall be borne prorata by all persons having the right to
make use thereof based upon the number of applicable Lots.: and Units and Country Club memberships. The time of
a ent of such costs, and the methodolo of ascertainin same 'shall be s ecified in the instrument from Declarant
pym gY _.g ~ P
or its successors and assigns to its assignee, and shall be binding upon the Owners and the Association and such
assignees provided that the cost allocation shall be based upon the basis as hereinabove provided or some other
i
equitable basis. .
6.5 Authority of the Board. The Board shall have, and is hereby granted, the necessary and requisite
authority to enter into such cross-easement and cross-use agreements, or other agreements howsoever .designated, as
may be necessary to effectuate the. intents and :purposes of this Article 6.
6.6 Annexable Land. This Supplementary Declaration, including, without limitation, this Article 6, shall have
no force or effect and shall not constitute any encumbrance with respect to the Annexable Land or any part thereof,
unless and until portions of the Annexable Land are .made subject to t~~~Q sjurischctia~~ of the Associati~~~ by .separate
instrument executed solely by Declarant and any 'lienholders, which instru~,~~t i~~ ~~ecorded in the Office ~f the .County
Clerk of Brazos County, Texas. Reference is'made herein in this Article 6 t~ the tinnexable Land solely for purposes
of describing certain reciprocal easements and other rights that may hereafter arise as between the Community and
the Annexable Land and limiting the parties to whom the easements hereby reserved with regard to the Community
may be assigned: No easements or rights are', hereby granted, or reserved as to the Annexable Land,. and no easement
or other. right referred to in this Article 6 with respect to the Annexable Land or any part thereof shall be of any force
or effect unless set forth m a document executed,by the .owner or owners of the part of the Annexable Land to be
subject to such right or easement, which.. document, _or a memorandum thereof, is .hereafter recorded in the Office of
the County Clerk of Brazos County, Texas.
7. GENERAL PROVISIONS .
7.1 Severab' 'ty. Invalidation in any one of the provisions of thin Declaration shall not affect any other
provision .hereof, .which :shall remain in full force and effect.
7.2 Term. The provisions of this Supplementary Declaration shall constitute .covenants running with the land
and shall be binding upon all future Owners, transferees and lessees thereof, and their successors and assigns, for. a
term of forty (40) years .from the date of this .Supplementary .Declaration, after .which time the ..provisions of this
Supplementary Declaration automatically shall be extended for up to three (3) successive periods of .ten (10) years each
unless terminated as provided in Section - 7.4.
7.3 Resubdivision. In the event that :any Lot or Unit is resubdivided or submitted to a condominium regime,
the plan of resubdi~ision or condominium plat filed in thee. Office of the Country Clerk of Brazos County, Texas: shall
make specific reference to this Supplementary Declaration, but its fail~~~_ to do so ~~a11 not affect .the ~°~~pplicability of
the provisions hereof to any ouch Lot or Unit,
7.4 Amendment by Members. This .Supplementary Declaration may be amended or changed, in whole. or part,
at any time within forty (40) years of the date of~this Supplementary: Declaration by a written instrument signed by
those- Members (including the Declarant) in the Community holding not less than sixty-seven percent (67%) of the total
votes of each class of Members in the Community; and, thereafter, by a written instrument signed by those Members
W920221
lr ~. ~ ~
.
~.
12
(including the Declarant) in the Community holding not less than fifty percent (50%) of the total votes of each class of
Members in the Community. If the Declaration is amended by written` instrument signed by the requisite number of
Members of this Community, such: amendment must be approved by said Members. within three .hundred sixty-five
(365) calendar days of the date the first Member executes such amendment. The date a Member's signature is
acknowledged shall constitute prima facia evidence of the date of execution of said amendment by such Member.
Those Members (including the `Declarant) of this Community entitled to cast not less that the required number of all
.votes of the .Members of the Community may also vote to amend :this Declaration, in person or by proxy, at a meeting
of the .Members in the Community (including the Declarant} duly called for such purpose, written notice of which shall
be given to all such Members at least ten (10) days and not more than sixty (60} days in advance and shall set forth
the purpose of such meeting. Notwithstanding any provision contained. in the Association By-Laws to the contrary, a
quorum, for ..,..purposes... of such meeting, shall consist of not less than seventy percent (70%) of all of the: Members of this
Community (in person or by proxy} entitled to vote. Any such amendment shall become effective when an instrument
is filed for record in the. Office of the County Clerk of Brazos :County, Texas, accompanied by a certificate, signed by a
majority of the Board, stating that the .required :number of Members of this Commute+y. (including the Declarant)
executed the instrument amending this Supplementary Declaration or c~~~~ a.wrtt~Y~ vote, in person oi~ by ;proxy, in
favor of said amendment at the meeting called for such purpose. Copies of ~`~~ j~ ~ ~n ballots pertaining to such
amendment shall be retained by the Association for ' a period of not less than three (3) years after the date of f ilirig of
the amendment.
7.5 Amendment by the Declarant. The Declarant shall have and reserves the right at any tore and from .time
to time: prior to the Control Transfer Date, :without the joinder or consent of any Owner or other party, to amend this
Supplementary Declaration by an .instrument in writing duly signed, acknowledged, and filed for record for: $he purpose
of correcting any typographical or grammatical error, oversight; ambiguity or inconsistency appearing herein, .provided
that any such amendment shall be consistent with and in furtherance of the general plan and :scheme of development
y pp ary impair or adversely affect the vested
' tion and shall not ,
as evidenced b this Su lement Declaration and the Declara
property or other rights of any Owner or his mortgagee.. Additionally, Declarant shall have and reserves the right at
any time and from time to time prior to the,;; Control Transfer Date, without thee. joinder or consent of any Owner or
other party, to amend this Supplementary Declaration by an instrument in writing duly.. signed, acknowledged and. filed
for record for the purpose of permitting the Owners o enjoy the benefits from technological advances, such as
security, communications or energy-related devices or equipment which did `not exist or were not in common. use in
residential subclivisions at the time this Declaration was adopted. Likewise, the Declarant shall have and reserves the
right at any ,time and from time to time prior to the Control Transfer. Date, without.the joinder or consent. of any
Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly signed,
acknowledged and filed for record for the purpose of prohibiting the use of any device or apparatus developed and/or
available for residential.. use following the date of this. Supplementary Declaration if the. use of such device or apparatus
will adversely affect the Association or will adversely affect the property values within the Community.
7.6 Declarant's Rights and Prerogatives. Prior to the Control ~'ransfer Date, ~~~~ Declarant i~.ay file a
statement in the Office of the County Clerk of .Brazos County, Texas, wr~~h exp4~°essly provides for the ~eclarant's (i)
discontinuance of the exercise of any right or prerogativeprovided for. in this ~~appl~~~nentary Declaration to be
.exercised by the Declarant or (ii) assignment to any-third party. owning property in the ;Pebble Creek Development, or
to the entity owning the Country .Club,. of one or more of Declarant's specific rights and' prerogatives provided in this
Supplementary Declaration to be exercised by Declarant. The assignee designated by Declarant to exercise one or more
of Declarant's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier
to occur: of the (a) Control Transfer Date or (b) `date that said assignee files a statement in the Office of the County
Clerk of Brazos County, Texas, which expressly provides .for said Assignee's discontinuance of the exercise of said right
or prerogative. From and after the date that the ,Declarant discontinues its exercise of any right or prerogative
hereunder andlor assigns its right; to `exercise one or more of its rights or prerogatives to an assignee, the Declarant
shall not incur any liability to any ..Owner, the Association or any. other party by reason of the Declarant's
~~ discontinuance or assignment of the. exercise of ~ said right(s) or prerogative(s).
~;
7.7 Disclaimer for Errant Golf Balls..Land subject to this Declaration is intended for development as a
'~ balanced, planned community,:. including residential, commercial, golf .course. and country club, public-and other uses.
!~ From time to time, Owners of Lots or Units may be subject to the stray ingress and egress.. of golf balls from people
playing golf nearby. Specific easements are. granted for such unavoidable ingress and egress, and Owners may not hold
liable any planner, developer, constructor, or any other person for aiay injury or da~tnage whatsoevercaused by such
golf balls.
7.8 'Gender. Wherever in this Supplementary Declaration the context so requires, the singularnumbershill
~'~ .
~, include the ..,,plural, and the converse; and. the use of any gender shall be deemed to include. all genders.
7.9 Head. The headings and any table of contents contairi~~d. in this Su~~~Y~~entary Declaration are for
'~ reference purposes only and shall not in any way affect the meaning or: intrprettion hereof.
7.10 Declarant's Ri hits to Complete Development of Community. No provision of this Supplementary
~ Declaration shall be construed to revent or limit Declarant's ri ht or re wire Declarant to obtain any a royal to (i)
p g q Pp
complete development of the property within the boundaries of the Community; (ii) construct, alter, .demolish or
replace Improvements on any property ovsmed by Declarant within. the. Community; ('iii) maintain model ..homes, storage
~ ,
W920221
c
VOA. ~._ ~~GE ...~
j
1
{
{
y
W
r v
b
{
i
C _ 13
E
..areas, offices for construction, initial sales,.. resales or leasing purposes or similar. facilities on any property owned by
Declarant or owned by the Association within the. Community; (iv) posh signs incidental to development, construction,
promotion, marketing, sales or leasing of the property within. the boundaries of the Pebble Creek Development, of (v)
excavate, cut, fill or grade any property within the Community owned by Declarant. Additionally, no .provision. of this
~ Su lenient Declaration shall require Declarant to seek or obtain the approval of the Architectural Committee or of
a PP
the Association for any such activity or Improvement on any.. property ,owned by Declarant. Nothing in this Section
?.10 shall limit or impair :the reserved rights of .Declarant elsewhere _provided ii1 this Supplementary: Declaration or in
the Declaration.
7.11 Declarations Construed To ether. All of the provisions of this Supplementary Declaration shall. be
1' liberally construed together with the Declaration to .promote-:and effectuate: the fundamental concepts of the
development of this Community and the Pebble .Creek Development, as set forth in the Declaration.
7.12 Persons Entitled to Enforce Supplementary Declaration. The Association, acting by authority of the
Beard, and any Member of the Association shall have the right to enf~~~~ce any and affil ~~ the provisions, covenants and
~~
restrictions contained in this Supplementary Declaration against any propr,,v wi~hin this Community ahd the Owner
thereof. The right of enforcement shall include the-right to bring an action. for damages as well as an action to enjoin
j any violation of any provision of this Supplementary Declaration. The Association shall have the same rights and
remedies with respect to violations of the provisions of this Supplementary Declaration as the Association does with
respect to violations of the provisions of the Declaration...
` 7.13 Violations of Law. Any violation of any federal, state, municipal or local law, ordinance, rule or
regulation, pertaining to the ownership, occupation or use of any property within the Community hereby is declared to
be a violation of this Supplementary Declaration and shall be subject to any and all of the enforcement procedures set
forth or referred to in this Supplementary Declaration.
7.14 Costs and Attorney's. Fees... In any action or proceeding; under this Supplementary Declaration, the
prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable
attorney's fees.....
a
7.15 No Representations or warranties. No representations or warranties of any. kind, express or implied,
shall be deemed to have been given or made by Declarant or its agents or employees in connection with any pardon of
the Community, or any .Improvement thereon, its or their physical condition, zoning, compliance with applicable laws,
fitness for intended use, or in connection with the Pebble Creek Development,. sale, operation, maintenance, cost of
j maintenance, taxes or regulation .thereof, unless and except as specifically seta forth in writing.
1 .. .
7.16 Limitation- on Liability. Neither the .Association,: the Board, the Architectural Committee, Declarant, or
any officer, agent, or employee of any of the same acting within the scope of their respective duties described in this
Supplementary Declaration shall be liable to any Person for any reasor~~ ~or for any 1'~~ure to act if the ;action or failure
to act was in good faith and without malice.
r
~ Executed this .~ ~' da of Febr 1992.
1 y .
ATT~ T PEBBLE .CREEK DEVELOPMENT COMPANY
~R
~ ~ .~' '
7 ~..
~`
r".6 a'i ~ ~1;;
!~ John ikon, Asst.. Secretary A. P. Boyd, Vic esident
~' ~~
STAE OF TEXAS
COUNTY OF BR~AZOS
,~W i
This instrument was ..acknowledged before me on .this. the day.: of February, 1992, by A. P. Boyd, .Vice
President of Pebble Creek Development Company, a Texas Corporation, on behalf. of such corporation.
n,
f ~L~ 7 ~
j Notary Public, ate.r of Te .
' ~~ ~~
My Comnssion Expires: ~ ~' ~~., b
z
STATE. OF TEXAS ~.- ,~4 ,~ T ~ ~.y ~,' , ~~..
• ,~
~ :; ,;~ ;~
COUNTY OF BRAZOS ~ ~~ . ~~'(` ,~~
` ~ ~ ~ ~ ` ~ 1
This instrument was acknowledged before me on this the .~ 'day of February, 1992, ~b~ John.,~V~~SCn, Asst.
'' Secretary, of Pebble .Creek Development Company, a Texas Corporation, on behalf of such '~o~% i'~~~~on~~i ~~.~'~
r ,~
., ,..
,~,, s, ~ e
Notary Publ~, _ tate of Texas
My Commission Expires: J ~;~ ~ ~ j ~'