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HomeMy WebLinkAboutEasements RestrictionsFri I~ facer R~card i n: Onr May 2t,c$~0 at ~:~KiPAf Rs a keCarrli rtes iloc`tt/ent Ntr~r ii7t6i'7i? Aaopnt 44.~d RecE+ipt l~ua6e>R - iJ~tbi Fan Pi vanka' SUPI~LEMENTAR~ DECLARATION OF EASEMENTS, RESTR,TCTIONS, AI~3 COVENANTS FOR PHASE 8B OF THE PEBBLE CREEK DEVEr.OPIV~NT ZB 3~4~d h~IlNf10~ ?i33d~ 3~Sg3d T80906960b Z8 ~sT 0~0Z/Z6/90 SUPFLEMEATTARX DECLARATIQN OF EASEMENTS, R.ES'Y'R,ICTIdN$, ANY] CdVENANTS FdR PHASE SB OF THE PEBBLE CREEK D1aVELOPIVIENT § YTIVITEI3 STATES CFAMER.ICA § CQTJN'I`Y OF }3RAZOS § STATE Ok'TEXAS This Supplementary Declaration is made as of the 18th day o£ May, 2000 by Pebble Creek Deveiopment Compaaoy, a Texas Corporation, hereinafter referred to as the "Declarart", represented herein by its Vice President, Davis 1Vd. Young_ The address of the Declarant is 4540 Pebble Greek Park~cvay, College Statiaza, TX 77845. WHEREAS, Declarant declares tb,at it is the owner of certain real property situated in Brazos County, Texas, described as set forth on Exhibit "A" axuaexed hereto and made a part hereof (said property being hereinafter sometixnos 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, Te~cas, subjecting the Exhibit "A" Property to a~, of the terms azxd conditions of the Declaration; and WHEREAS, Declarant further declares that it desires thst tk~e Exhibit A Property, together with other real property in the same general area tivhich may subaequent~p be associated with the Exhibit A Property for a similar purpose, be owned, held, sold, conveyed, transferred, ],eased, mortgaged, occupied, maintained, altezed and improved subject to certain reservations, restrictions, covenants, charges, liens, and easements as part of a general scheme of development of such properties as a planned residential community accommodating a Aaix of single family residential dwellings pursuant to a cozumon and general plan for the benefit of Declarant and subsequent owners amd occupants of such properties in order to protect and enhance the quality, value and desirability thereof and NOW THEREFORE, Declarant fur-they declares that the Exhibit tai Property shall be held, transferred, sold, conveyed, leased, occupied and used subject to the following reservations, restrictions, covena~zxts, charges, liens, and easements which are for the purpose of protecting the value and desirability of and which shall xu,n with title to the real property made subject to the Declaration and this Supgleme~xtary Declaration, and which shall be bindzng 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, assig~as, and shall inure to the benefit of each owner thereof and where provided herein, shall benefit the property on which the Pebble Creek I}evelopment is loeated_ 1. DE 1VITIONS As used herein, the following terms shall have the follow.ixag meanings; ]..1 Ass~',ation shall mean that automatic membez-ship, Texas nazi-profit corporation made up o£ those persons defined as "Cwz~era~ in the Declaration, and called the Pebble Creek Qwners Association, Inc_ 1„2 $oard shall mean the Board of Directors of the Association. ]..3 Camm cial Bui der shall mean the Qwner of an unimproved J_,ot who holds title For the purpose of building improvements thereon, and the subsequent sale or rental for occupancy, 3,.4 Com on Ar shall mean all real property (including but not limited to the improvements and personal property thereon and assessments) owned, held or maintained by the Association for the common use and enjoyment of the Qwners axed occupants a£ Lots and Units. 1.6 Cow shall mean p~~ SB of the Febble Creek 1evelopment according to the plats {collectively, the "Flat") of such snbdivisian recorded in the Qffice of the County Clerk of Brazos County, Texas, as amended from time to bane. 2 E0 3Jad 1~~I1Nf10~ ?i33~1~ 3~~~3d Z80906960b Z0 ~ET 0002/ZE/90 1.6 Decl_g<rant shall mean Febble Creek Development Company and its successors and assigvs_ A persaz~ or entity shall be deemed a successor and assign o£ Pebble Creek Development Company, as Declarant only if such person or entity as specifically designated in a duly recorded instrument as a successor and assign of Declarant under this Declaration, and shall be deemed a successor amd assign of Declarant only as to the particular rights or izaterests of Declarant under this Declaration which are speci$.tally de~'tgnated in suer written instrument. However, a successor to Pebble Creek Development Compa~gy, by consolidation or merger shall sutano~atically be deemed a successor or assign of Pebble Creek Development Compazty, as Declarant under this Declaration. 1.7 D~tlaratio,~ shall mean (x) that certain Declaration of Easements, l~estrictians, grad Covenants far The Pebble Creek Development recorded in Volume 1225, Pages 1 through 31 in the Office of the County Clerk of Brazos Caumty, Texas, and (ii) any amendments thereto, including ax~y Supplementary Declarations imposing restrictions, easements, or covenants against this Community, 1.8 Gone in D en shall mean (i) in the case of the Association, the reclaration, the Supplementary Declarations, xf any, other than this Supplemmentary Declaration, and the Articles of Incorporation and Py-Laws of the Association, as the same may be amended from tame to time and filed of record, if applicable, and (ii) in the cane of the Community, this Supplementary Declaration as the same may be amended from brae to time and filed of retard, if applicable. Tn the event of conflict or inconsistency between an Association Governing Document aid a Community Governing Document, the Asaoaation Governing Uocume~.t shall control to the extent permitted by Law. If; however, a Community Governing Document is more reataictiwe 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 far which provision is made in another Governing Document shall not be deemed a conflict ar inconsistency between such Governing Doeuments_ 1.9 l~rovements shall mean all structures and any appurtenances thereto o£ every type or kind, including, but not ]awaited to, buildings, out-buildings, awim.xaing pools, patio savers, awzxinga, painting of any exterior surfaces of any visible structures, additions, walkways, bicycle trails, sprinkler pipes, garages, carports, roads, driveways, parking areas, screening, walla, retaining walls, stairs, decks; fixtures, windbreaks, poles, signs, exterior tanks, solar energy equipment, exterior air canditionir~,g fixtures and equipment, exterior lighting, recreational, equipment and facilities, and Iandscapin.g which is visible firom land within the Pebble Creek Development, other than the Lot, Unit or land within the Febble Creek Development on which the landscaping is located. 1.1U Lot shall mean a lot or parcel of land in the Community with the exception of the Common Area, as shown upon the latest recorded subdivision plat. 1.1I ber shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the ,Association. 1.12 N'atice shall mean the forpa, of notice ~irovided by law, from time to time, for meetings of me;ubers of Texas non-profit corporations; provided that, if more than one Member is the Owner of a Lot or Y.Tnit, notice td one such Owner whose designatiazz by the other Owner of such Toot or Unit for that purpose has been given to the Association (with the moat recent matificataon controlling) shall constitute notice to all such Owners. 1.13 Own ,,er 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 e~cecutor co~xtracts of sale and excluding buyers thereunder_ I.1~ R.eimbursement Assessment shall mean the assessment levied against an Owner by' the Association pursuant to Section 8,16 of the Declaration. 1.15 Pebble Creek Developr~,ent shall zaean all of the real property which is currexttly subject to the Declaration and az~y other real property which hereafter becomes subjeott to the Declaration. 3 b0 3JCd h~l1Nf10~ ~13321~ 3~SS3d T80906960b Z0 ~8T 000Z/ZE/90 1.16 ~uppiementary ~]_eclaration shall mean this instrument, as the same may be amended from time to time and filed of record. I.17 ~~gpro+ved LatLat shall mean a Lot upon which no building has been substantially cx~mpleted for use_ 1.18 T pit sha~tl mean (i) a Lot improved by a single family d~vvelling, oz (ii) a portion a£ a building designated far separate ownership having delineated boundaries aao,d located on an improved Lot, or (iii) a portion of an, Unimproved Lat which at a given time has delineated boundaries for separate awnerahip. 2_ S ECT PROPER'TTES 2.1 xistin ro erti s. The real property 4vhich, as of the date of this Supplementary Declaration, is and shall hereafter be owned, held, transferred, sold, caaveyed, leased, mortgaged, used, occupied, maintained, altered and improved subject tv this Supplementary Declaration is the Exhibit A Property. This Community is subject to the jurisdiction o£ a "Community Associ.atiam" (as def~,ned in the Declaration). 2.2 vexation by Supplg~entary Declaration "An~xexable Land" (as defined in the Declaration) shall become part of this Community, effective upon the recordation in the Office of the County Clerk of $razos 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 acirnowledged by the Owner(s) of the Annexable Land described therein; (b) shall, i£ the Anzieaable Land is not then owned bq Declarant, cozztain the executed end aclrnowledged written consent a£ the Declarant far so long as the Declarant owns any property within the Amnexable Land and has the power to annex additional property into the Community; (c} shall cautain an adequate description of such Annexable Land; (d} shall contain a reference to this Supplementary Declaration (and any amendments thereto} which shall state its date of recordation and recording information; (e) s}xall state the land classification (residential, coxnmercia], ar other classification) of such Annexable Land is declared to be ,part o£ the Community under this Supplementary Declaration and that such An.xxexable Lazxd shall be subject to this Supplementary Declaration; and (g) shall state whether such Annexable Land is or is not subject to the jurisdiction of a "Community Association" (as defined in tb,e Declaration). Additionally, such Supplement2tzy Declaration may provide for phased annexation so that portions of such Annexablo Land may be made subject to this Supplementary Declaration at different times. A deed by which Declarant conveys a parcel of property, including property comprising Common Area to another person, may constitute a Supplementary Declaration if it zueets the foregoing requirements, as applicable. A Suppiemerxtary Declaration may impose upon such Annexable Land described therein covenants, conditions, restrictions, lim.itationa, reservations, exceptions and easements iu addition to the provisions set forth in this Supplementary Declaration, taking into account the unique and particular aspects of the pzoposed development of such Annexable Land; provided, however, in ao event shall any Supplementary Declaration revoke, madi,~y or amend the ,covenants or restrictions established by this Supplementary Declaration or any other supplementary declaration for azky other property comprising a part of the Com~uunity ox revoke (so as to terminate) the provisions of the covenants or restrictions established by this Supplementary Declaration as to such Aanexable Land. 'his Supplementary Declaration is hereby established as part of pursuant to and iii furtherance of a commau and general plan of the Declaration for the improvement azxd sale of land within this Community and far the purpose of enhancing and protecting the value, desirability and attractiveness of this Community_ Declarant, for itself, its successors and assigns, hereby declares that the Community and each part thereof shall be know, held, transferred, conveyed, soil, leased, vented, encumbered, used, occupied, maintained, altered and improved subject to tb,e covenants, conditions, restrictions, ]imitations, reservations, easements, azxd other provisions set forth in the Declaration and this Supplementary Declaration, for the duration tlzereof_ 4 90 3JCd 1~~IlNfl~a 7133~1~ 3~SS3d Z80906960b Z0 ~8Z 000Z/ZE/90 3. SSE REy TIi,ICTIO~ The Lots and Unuits within this Community shall be held, used and enjoyed subject to the restrictions set forth iu the Declaration, including, without limitation, the architectural control provisions of the declaration, except for the exemptions of the Declarant set forth in the Declaration, and to the restrictions stated ifl this Article 3. To the extent that any of the following restrictions are more restrictive than arty similar restrictions in the Declaration, the restrictions in this Supplementary Declaration shall control. 3.1 Single-Family Residential Con,~rructian_ No building shall be erected, altered, ar permitted to remain on any Lot or Unit other than oz~e detached single family dwelling used far residential purposes only and not to exceed two and vne half (2 112) stories in height and a private garage (ar other approved covered or enclosed parking facility) and other bona fide servant's quarters; provided., however, that the servant's quarters structure will not exceed the main dwelling in height or numbez of stories. Except as hereinafter provided wzth respect to model homes, each residence shall have a fully enclosed garage far not leas than two {2) cars, which garage is available for parking automobiles at all times_ The garage portion of az~y model home (with written approval from the Developer) may be used by $uildera for sales purposes, storage purposes and other related purposes. 'Upon {or prior to) the sale of said model home to the 5rat purchaser thereofi the garage portion of the model home shall be converted to a fully enclosed garage with garage doors. As used herein, the term, "residential gurpoaes" 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 pxo£essional purposes o£ any kind whatsoever, z~or for any commercial ar manufacturing purposes. No permanent structure of any kind or character shall ever be moved ozzta any Lat or Unit within said 17evelopment, Except as otherwise provided in Sectaion 3.1,2, no portable buildings of any type or character shall be moved or placed upon any Lot or U~oiit. Prior to the commencement of the cazastruction of ax~,y lmprovem:enta within the Comna,unity, such Improvements of every type and character, whether attached to ar 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 ]7eclaration, 3.2 DeG~~ation of Lot Tvoes. The dwelling units constructed within the hereinafter designated sections of this Community shall confprm to the mizumum square footage requirements and set back requirements outlined herein. .A.. Phase SB L All setbacks are noted on the plat. 2. AJ,I lots in Phase 8B shall have a dwelling unit with a minimum acluare footage of 2400 square feet_ If the dwelling unit is mare than one stozq in height, a +~++„y**+um of 60% of the total square footage shall be on the grauzxd floor. 3.3 Com osite l3uildin ,Any Owner of one or mare adjoining Lots ar Units (or portions thereof may, with the prior written approval of the Architectural Committee, wnsolidate such Lots or Units or portions into one building site, with the privilege of placing or constructing lmprovezaents on such resulting site, in which case the aide setback lines shall be measured from resulting side property lines rather than from the Lot or Unit lines as indicated on the Plat. Any such composite building site must have a frontage at the building setbacl~ line of not less than the minimum, frontage o£ all Lots in the same black_ In addition, the side lot utility easement, if applicable, must be abandoned ar released in accordance with applicable law, sad the Owner shall be responsible for the cost o£ relocating any utility ]fines and restoring the surface of any abandoned or relocated utility easements. Upar~ such abandonment ar release and upon the receipt of written approval of the Architectural Committee, such resulting composite building sites shall thereupon be regarded as oae (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 not less than 10,000 square feet, except as otherwise provided by the Board. 5 90 ~Jdd A~IlNf10~ 7133~1~ 3~Sg3d T80906960b Z0 ~ET 0002/TE190 3.4 Locat~n of the ~vrovemg tits uno~n the Lot or Init. No ressdex~tial structure or any athex Improvement shall be located on a~a~y I.ot nearer to the front, rear, aide ar street-side Lot building line shown on the Plat or nearer to the pxoperty lines than the minimum building setback lines described in Section 3.2. For purposes of tkus 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. Thin covenant shall not be canstxued to permit any portiaz~ of a building foundation an 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. ash and Care of Lots end Units Du~n~ Construction of Residence. A. Unless Iodated within ten feet (10') of a building or a recreational or parking faciluity, no Owner other than Ieclarant shall be entitled to cut, remove ar mutilate azzy trees, shrubs, bushes or other vegetation havio,g a trunk diameter of six (G") inches or more at a point of four feet (4') above ground level, without obtaining the prior written approval of the Architectuzal Committee, provided that dead or diseased trees which are inspected and certified as dead or diseased by the Architectural Committee or its representatives, as well as other dead or diseased shrubs, brushes, or other vegetation, shall be cut and removed pmmpt~y from any Lot, by the Owner o£ such Lat. B. Subject to the provisions of Section 3.5(A), above, all Owners, during their respective construction of a residence, are required to rez~aove and haul from th,e Lot or Unit all tree stumps, trees, limbs, branches, underbrush and all othex trash or rubbish, cleared from the Lot or T3nit for construction of the residence, construction o£ other improvements and landscaping. No burning is allowed on the Lot or Unit (unless written permission is granted thex~e£or by the Association which permission may be withheld or ~cvithdrawn at any time and from time to time in the sale discretion of the Association) and no materials ar trash hauled fro~ou 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 theix respective construction of a residence, axe required to place trash receptacles an each lot to contain all debris and garbage associated with building eonstruction_ Other usable building materials are to be kept stacked and organized in a reasonable manner upon the Lot or Unit. in the event of any default by the Owner or othez~ occupant of ax~y Lot or Unit in observing the above requirements, vcrhich default is continuing after ten (1Q} days written notice thereof to Owner or occupant, as applicable, tl,~e Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants v£ the Lat or Unit, may trespass or otherwise enter upon (ar authorize one or more others to enter upon) said Lot or Unit, to clean, or cause to be cleaned, such debris and garbage and remove, or cause to be removed, such garbage, trash and rubbish or do any other thing necessary tv secure compliance with this Supplementary Declaration, so as to plave said Lot or Unit in a neat, attractive, healthful and saznitary condition, and may charge the Owner, Commercial-Builder or occupant of such Lot or Unit for the cast of such work and removing such associated m~aterials_ ~'he cost of such work and removal shall cvn~stitute a Reimbursement Assessment . 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 leas frequently than daily. E. Na Owner or Contractor may enter onto a Lot or Unit adjacent to the Lot oz Unit upon which he is building for purposes of ingress and egress to his Lot ar Unit during or after construction, unless such adjacent Lot yr 'Unit is also owned by such Owner, and all such adjacent Lots ar Units shall be kept free of any trees, underbrush, trash, rubbish and/or any otlxer building or waste materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit. 3.S Beck Requirements. Without the prior approval of the Architectural Committee, no residence shall have less than seventy five percent (7590) brick construction on its exterior wall area_ 6 L0 3Jtid 1~~I1Nf10~ 7133~1~ 3~SS3d Z80906960b Z0 -EZ 000Z/ZE/50 $.7 'fir orts. No carports shall be erected or permitted to reaa~,ain on az~y Lot oz' Unit wvithout the express prior written approval of the Architectuxal Committee. 3.$ Walls Fe ces and des. The following restrictions shall apply to Fences constructed on the Lots described beiorx~: A. A ts: A 1" x 6" Dpg Eared Cedar fence not exceeding six feet {6') in height, may be caztstructed with the finished side facing the street, ,AIl other fencing requests will have to be approved by the Architectural Committee. B_ LQt 64; Block 25; Phase 8B The fence must be constructed 35 feet from the front property line to the rear property line. The finished side of the feo,,ce must face St. Andrews- Property owner shall provide a fence to screen the Cable Box located at tk~e rear o£ the property. The fence s]aall have a gate to allow access from the street. C_ x.10; Block 31: Phase 8R. The. fence must be constructed 35 feet from the front property line to the rear property luxe. The finished side o£ the fence must face St. Andrews. D. Tots 116; Block 32: Phase 8l3 Tlxe finished side of the fence ox, lots 12 & 16 must face Plum kIollows Drive. On the side property line next to 1~Iunn Hollow Drive the side fence shall not be placed beyond the 15 foot buildi,zxg line. E• Lnt 1: Block 34a P axe 8B~ The fence must be constructed 35 feet from the #'ront property line to the rear property line. The fuzished side of the fence must dace St. Andrews 3.9 visual Obstruction at~_Intersections of Streets. No planting or object which obstructs sight lines at elevations betweezx 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 tlxem at points twerxty-five feet (2G') from the iaatersection of tlxe street property hues ar extension thereof shall, be placed, planted or permitted to remain an any corner hots. 3_lQ Axr.Conditionin.e Reauiremen~s. No wzxxdow or wall, type air conditioning units shall be permitted to be used, erected, placed or maiuntaizxed in or on any building inn anq part of the Camzuurxity. 3.11 Prohi " "on of Offers " e Aetiwiti .Without expanding the permitted uses o£ the Tots and Units, no activity, wvhetber 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 sort shall be permitted nor shall anything be doxae on any Lot or Ihxit which may be or may become an annoyance or a nuisance (includixxg, witlxaut limitation, defective or unreaaonably loud security ar flre alarm devices} to the Pebble Creek Development. This restriction is waived in regard to the customary sales activities required to sell lxomea in tkxe Pebble Greek Development- No hoax, whistle, bell or other sound dewi.ce, except security axxd fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot or Unit. Exterior spea)~ez~s may be located, used or placed on a Lot or Unit provided that the use of such exterioz speaker does not corxstitute a nuisance ar annoyance. The Board shall have the sole and absolute discretion to determine what constitutes a rxuisanee ar annoyance. Activities expressly prohibited, iu,clude, r+aithout limitation, (1) the performance of work a~x automobiles or other vehicles upon the 'Lot or TJnit or in dziveways or streets abutting Lots or LTxxits, (2) tlxe use or discharge of firearms, firecrackers or other fireworks within the Com>Yxunity, (8) the storage of flammable liquids in ea~cess of five gallons, or (4) other activities which may be offensive by reason of odor, fumes, dust, smoke, xzoise, vYSiorx, vibration or pollution, or which are hazardous by reason of excessive danger, fire ar explosioxx. As indicated above, zxo Lot or Unit in the Community shall be used far $x~y comuxercial, educational, nxanufactuxirxg, business or professional purpose nor for church purposes. The renting or leasing of any residential dwelling is subject to the provisions of Sectiprx 3.33. No Lot or Unit or other portion o£ the Community shall be used ar permitted for hunting or for the discharge of azky pistol, rifle, shotgun, or any otkxer firearm, or any boww and arrow or any other device capable o#' ktilling or injuring persons- 3.12 se of Texxx ara Struct es. No structure of a temporary character, wkxether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used axx any Lot or Unit at any time as a residence, or for any other purpose, either temporarily or permanently; provided, however, that Declarant 7 80 3Jtid I~~IlNIl0~ 7133d~ 3~SS3d 1809~6960b Z~:E~ 06~ZIZE/9~ reserves the exclusive right to erect, place and maintain such facilities in or upon aotiy portions of the Commurity as in its sale discretioxt may be necessary or conve~gient while selling Lets or Units, aelking ox constructing residences and constru~g other T.mprovements within the Community, Such faciliiaes may xxaclude, but not necessarilvy be limited to sales and construction of~,ces, storage areas, model uxa,ita, signs, and portable toilet facilities_ Commercial-Builders and Contractors may, with the prior writtex't approval of the Architectural Camm~ittee, exercise the rights reserved by Declarant in this Section S.I2. Any permanent or temporary structure exceeding 6 feet in height must submit plazas to the Architectural Control Committee for review. 3.13 Sto~aee of Ve~ " ea or Eauipment. No motor vehicle ar non-motorized vehicle (including, without limitation, trucks and reereatiorkal vehicles), boat, trailer, camper, marine craft, machinery or equipment of airy kind may be parked or stored far longer than ten (10) hours ar on a se~aai-permtanent ox daily basis ozx any part of any Lot ar U~ait, private or public road ox street, eaaemezxt, right-of--way, or Common Area unless such vehicle or object (i) is completely concealed frozen public view inside a garage or approved enclosure or (ii) 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) hoax parking restriction and guest parking exception, there shall be no overnight parlrin,g an any road or street. Passenger automobiles, passenger wane, motorcycles, or pick-up trucks that are in operating condition, having current 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 egezupt from the ten (IO) hour parking restriction only as it pertains to parking of vehicles ors the driveway portion of azay 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 flaw of traffic. No vehicle may be repaired on a Lot or Unit unless such vehicle is concealed inside a garage or other approved enclosure during the repair thereof. This restriction shall not apply to any vehicle, machinery or equipment temporari],y parked and iz; use for the COnStruction, repair ar maintenance of (i) residential dwelling(s) oz related Improvements in the immediate vicinity thereof or (ii) utility Improvements izx Pebble Creek Development_ 3.7.4 .Animal Husbandry. No animals, kivestock, bees or poultry of any kind shall be raised, bred or kept om any Lot or Unit except that dogs, Cats or other common household pets may be kiept provided that they are x~ot 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_ lVo Owner shall permit sny dog, cat or other domestic pet under his ownership or control to leave such Owner'a Lot ox Unit unless such pet is leashed and accompanied by a member of such Owner's household_ 5.15 .Land Unit 1Vlaintenance. A. All Lots and Units shall he kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner ox occupant of all Lots and Units shall beep all weeds au,d grass thereax~ cut and shall in no event use any I,ot or Unit for storage of materials or equipment except for normal residential requirements or incident to construction of Improvements thereon as herein permitted, or permit the accum,ulatioa of garbage, trash or rubbish of any kind thereon_ AlI yard equipment ar storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, sa as to conceal them £rom view of adjacent Lots or Units, struts or other property. B. Iz~ the event of any default by the Owner or other occupant of any Lot or iJ~nit in observing the above requirements, which default is continuing after ten (7.0) days written notice thereof to Owner ar occupant, as applicable, the Declarant, or the Association ar their designated agents may, without liability to the Owner, Contractor ox any occupants of the Lot or Unit may trespass or otherwise, enter upon (ox authorize one or more others to enter upon) said Lot or Unit, to cut, or cause to be cut, such wends and grass and rezmove, or cause to be removed, such garbage, trash and rubbish or do axiy other thing necessary to secure compliance with this Supplementary h7eclaxation, so as to place said Lot or Unit in a neat, attractive, healthful and sanitary condition, an,d may charge the Owner, Commercial-$uildex or occupant of such Lot ox YJnit for the cast of such work and removing such associated materisis_ The coat of such work and removal s}~all constitute a Reimbursement Assessment. 60 39bd A~IlNf10~ 7133~1~ 31~S3d T80906960b Z0 ~EZ 000Z/ZE/50 3.16 Signs. Advertisements ~illboar~. No sign, advertisement, billboard, ar advertising structure o£ any &ind may be erected or maintained on arty Lot or Unit in the Pebble Creek Development without the prior approval of the Architectwral Camznittee and any such approval which is gramted may be wathdrawrl at any time, in which event, the parties grantEd such per~missaon shall ina.mediately remove such structures. Additionally, no street or directional signs 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 any agent designated un writing by Declarant, the Association. or the Community Association) shall have the right to remove and dispose of any such prohibited sign, advertisement, billboard or advertising structt:ace which is placed vn any loot or Unit, and in doing so shall n.ot be aubyect to any liability for trespass or any other tort in connection therewith or arisixxg froze such removal nor ixx any way be liable for any accounting or other claim by reason of the diagosition thereof. 3.1? MaRimtun He~,g~t of Ar~tenna_ No radio or television aerial wire antennae c-r satellite reoeivi~g dish shall be no;aintained on any portion of an<y Lot or Unit, except as may be approved by the Architectural Committee.l'~To electronic device which interferes with the television reception of the occupant of any other Lot or Unit shall be permitted within the Community. 3.18 'Wind erators_ No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from az~y other Lot or Unit or street. 3.19 S2~ _Collector,~. N'o solar collector shall be installed tvithvut the prior written approval of the Architectural Committee, Such installation shall be in harmony with the design of the residence. Solar collectors shall be installed in s location not visiible from the public street in front of the residence. 3.2Q swimming Pools. Na swimming pool may be constructed on any Lot or Unit without the prior written approval of the Architectural Committee. Each application made to the Architectural Committee shall be accompanied by two seta of plans and specifications for the proposed swimming pool construction to be done on such Lot pr Unit, including a plot plan showing the location and dimensions of the swina.ming pool and all related improvements, together with the plumbing and excavation disposal plan. The Architectural Caxnmittee's approval or disapproval of such swimming pool shall be made in the same manner as described ~ the Declaration hereof for other building improvements. The Qwner shall be respaz~sible for all necessary temporaz~y erosion carAtrol measures required during swimming pool construction on said Lot or Unit to insure that there is no erosion itxxto the streets, lakes, golf course or other Lots. Swimming pool drains shall be piped izrto the stormy sewer drainage syste~ax. In no event shall swimming pools be drained or discharge water into the streets, lakes, golf course or otl~ex Lots_ All swimm,zng pools uzust be enclosed with s fence (arhose design an,d composition is approved by the Architectural Committee) and must comply with ord~inarices of the city of College Station. 3.21 1~in~ of ~ thea in Public View. The drying o£ clothes zn public view (whether from Common Areas (including streets], the Golf Course, other Lots or amy other land within the Pebble Creek Development) is prohibited. 3.22 Garage_ and Crara~e Doers. Each dwelling unit shall have a fully enclosed garage to be constructed at the tinge of the main residence, and the garage shall be constructed to house not less than two nor more than four automobiles. Nn C?wner shall be entitled to enclose a garage for residential use without plans and specifications having been approved by the Architectural Committee for a replacement garage. All garages must be constructed of materials that are compatible with the constructionx materials used in the pri,xn:ary dwelling. Ali roof materials ua,uat be of the same nature as the materials used on, the main dwelling, and a,ll 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 sheetrdck, taped and painted or other finish approved by the Architectural Comno,ittee. Garage doors visible from any street shall be kept in the closed position wk~en the garage is not being used by the Owner or occupant. 9 0 T ~Jdd h~IlNf10~ 7133a~ 3~gg3d T80906960b Z0 ~ E T 0002 O ZE 190 A A.il, homes in Phase $B shall have garages that open to the aide or rear of the lot, except that a garage may open to the front of the lot if {x) the front of the garage is set back at Ieaat twenty feet iroaz the front of the main dwelling, or (ii) the lot is located on a cul~de-sac and has Less than forty feet of width across the frazxt building line (unless otherwise approved by the Architectural Committee)_ B. T.ot 64. Block 25; must have approval from the Architectural Committee on plaoemertt of garage door if garage access is requested for St. Andrews Drive. C. _ 10: Block 3i. must have approval from, the Aarchitectural Committee on placement of the garage doax if access is requested for St. Andrews Drive. D. .1 ~6. Bl~k 82; must have apparoval from the Architectural Committee if garage access xs requested for St. Anndrews Drive. E_ t s 12 16• Bl 32- must have approval form the Architectural Committee on placement of garage door if access is requested for Plum Hollow Drive. k'_ ~.~ot 1: Block 34; must have approval from the Architectural Committee da placem.ent of the garage door if access is requested for St_ Andrews Drive. 8,23 Control ewe a uent_ N'o outside toilets will be pexmmitted, and no installation of any type of device £or disposal of sewage shall be allowed which wotil.d result iu raw or uxztreated or unsanitary sewage being carried in the streets or Ito any hotly of water. 3.2~# ~tesidences and Ymnrovements Damaged by Fire or tither Casualty. Amy Ymprovements within the Community that are destroyed partially or totally by fire, storm, or any other casualty, shall be repaired ar demolished within a reasonable period of time, and the Lot or YJnit aria Ymprovernents thereon, as applicable, restored to an orderly and attractive condition,. 8,25 Vehicles Pitted to, TJse Roads,,,~nd Streets. ~ ~ '" A. The only motorized vehicles allowed en the roads and street easements in the Pebble Creek Development shall be (1) motor vehicles currently licensed and inspected fox 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 Developua,ent solely for purposes of access to and from the Febble Creek Country Club. B. The use of iron-licensed motor vehicles including, but not limited to, automobiles, truclzs, motorcycles, dirt bikes, o~ road vehicles and go-carts is expressly prohibited_ C_ Vehicles, regardless of type, may only be operated by individuals holding a currant driver's license valid in the State of Texas or the state o£such person's domicile. 3.26 E~~ts Prohibited on La es. No boats shall be permitted on any of the lakes within the Pebble Creek Development, except that boats operated by the Association ar Country Club (or their respective contractors) may be used in connection with the xnainten.ance of the lakes and removal o£ golf balls azad other objects from the lal~es. 3.27 Swi,mmin P ohibite ~n Lek , Swimno~ing in the lakes shall be prohibited at all times. 3.28 ,l~,andscagin~. A. Ail £~ront yards of sll lots must, as a minimum requirement, be sodded with grass, and must have shrubs ar other landscaping planted adjacent to the front of all Units constructed thereon to scream from view the foundation of such TJ'nits. In addition, all corner lots must sod and irrigate from property line to the curb and/or sidewalk. Moreover, before any initial landscaping (including the planting of grass) shall be done in the front yard of any newly constructed dwelling, the general layout, and giant types and sizes shall first have been approved i,n writing by the Architeotural Gommittee_ All lots in Phase $$, in addition to the established 1Q tiZ 3Jt~d 1.a1Nf10~ ~133~1~ 3~SS~d L80906960b Z0 ~Et 000ZITEf90 criteria, will be required to install or persevere minimevn a total diameter of trees no less than nine iua~Ches in the front yard of each lot , All approved initial landscaping shall be completed not later tlxan sixty {60) days after substantial completion of the dwelling, except for emergency situations as approved by the Architectural, Com~oo,,ittee_ B. Z.~ot 64; Block. 25, Lot I0; Block 3X & Lot ].; Block 34 will be required to plant 5 gallon red Crepe Myrtle's 20 foot c£ center along the St. Andrews fence line. The Crepe N~yrtle's will need to be rnaintaiued by the homeowner and should be installed nc later than 64 days after completion. C. 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. bTowever, ~4Y landscaping installed by the Onvx~ex which is approved by the Architectural Committee prier to the establishment o£ the Landscape Cx~,teria or at any tuiae 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 canaplies with the Landscape Criteria does not need to be approved by the Architectural Committee, however, an Owner may submit a landscape layout and plans for replacement landscaping to the Architectural Committee for approval by the Architectural Committee. D. The Architectural Committee shall, in its sole discretion and authority, determine whether the landscape layout and plans subu~itted to it for review, including, but not necessarily limited to, drainage, grass, shrub and tree planting, are acceptable to the Architectural Committee. The Architectural Committee m,ay require additional amdlor different types of landscaping should the Architectural Committee deem, it to be necessary. E. The Architectural Committee reserves the right to require the installation, operation, az~d maintenance of underground irrigation s~rstem.s in proper working order when proximity to golf course, water table, tree count, and other relevant factors aze considered. 3.29 R.oafing. No external roofing material other than, composition shingles (excluding three tab shingles), as approved by the Architectural Committee, shall be used on any residence or other Improvement on arty Lot or LToit. All roofs shall have prior written approval of the Architectural Committee prior to installation. Any other roofizig materials shall require a written variance by the Architectural Committee. The minimum pitch on roofs shall be $ to 12. Roof fans, attic fans, attic ventilators or other roof penetrations must be approved by the Architectural Committee if any portion of the Improvement is visible from the front property line or golf course_ 3.3Q Dr~yewa;vs. Driveways shall be constructed entirely of concrete, exposed aggregate or brck govern, or asphalt pawing, If asphalt paving is used, cxrrbs and gutters must be installed. 3.31 htin . No exterior lighting may be constructed oz' 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). 3,32 Minimum Slam Ele~yatian. The slab elevation of all constructed dwelling units, garages az~d related'Improvem,ents shall not be less than three feet {$') above the 100-year flood plain elevation of ouch Lot or Unit. Nat more than one foot (l') of vertical surface of concrete slab of any Unit shsl], be exposed to view from any public view or adjacent Lats_ Any slab in excess of one foot (1') in height above finished grade shall have at least that excess in height covered with masonry used in constructing the Unit. Ar~p 'Uxrit with a pier and beam foundation shall have a mechanical, electrical, plumbing lines and fixtures located thereunder screamed from view from az~,y public street and adjacent Units_ Any Unit with an elevated declt shall have its open space below such deck screened from public vi.aw and view from adjacent Units. The Architectural Committee, in its sole discretion, will determine the adequacy o£ any screening technique emplo~-ed. 3.33 R taI and asin _ Owners must notify the Association if their Lots or Units are leased or ranted, Owners must also provide the Association with the name of the tenant, a copy of the lease and tl~e current mailing address of the Qwner_ In na event, however, shall any rental or leasing be allowed except 1~ Zti 3Jdd 1~~I1Nf10~ ~133~1~ 3~SS3d Z80906960b Z0 ~6T ~~9Z/TE/5~ pursuant to a wx~tten agreement ar form approved by the Association $oasd that a£5rmatively obligates all tenants and other residents of the Lot or Unit to abide by this Declaration, the Declaration, amd the Rules and Regulations o£the Assapation_ 3_S~k i~~nished Raom~. Substantially all rooms in all dwelling uzaits, other than attics, nnust be Snished in compliance witkx all applicable building code requirements. The Architectural Committee may allow far a few unfinished rooms as long as they appear from the exterior view to be complete. 3.35 V~nances, The Architectuz~al Committee may authorize variances from compliance with any of the proviaion$ of this Supplementary Declaration ar mini~n,um acceptable construction standards or regulations and requirements as promulgated from time to time by the Architectural Committee, when circumstances such as topography, natural obstructions, hardship, aestlxetic, environmental, or other considerations whiclx in the sole opinion of the Architectural Committee may require a variance. Such variances must be evidenced xn, writing and shall become effective when signed by the Yeclarant or by at least a majority of the members of the Architectural Committee. If any such variances are granted, na violation of the provisions of this Supplementary Declaration shall be deemed to have occurred with respect to tlae matter for which the wa~iance 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 purpose except as to the particular pmperty and particular provisions hereof covered by the varia»ce, nor s1xaII the granting of ax;y variance affect in ax~* way the Qwner'a obligation to comply with all gavernmeutal laws and regulations affecting the property concerned and the Plat. 3.36 Dish Antennae, No electxoxuc radio or television dish antennae or arty other type of receiving or transmitting equipment shall be permitted on any Lot unless it is erected, placed, or paounted in such a manner that such antennae ar other equipment are concealed completely from view from public or private streets or courtyards, and axe otherwise acceptable to the Architectural Committee. ~#, la2.OPERTY„MAINTENANCE REGI7~..ATION 4.1 Exterior Maintenance o~I~morovem~nts. In the event an Owner or occupant shall fail to aa,aintain tl~e Improvements on a rLot or Unit in accordance witlx the provisions of this Declaration and the construction guidelines of the Aasociatiaxx or Architectural Co~aamittee, which default is continuing after thirty (30) days written notice thereof to the Owner or occupant, as applicable, then the Declarant or the Association or their designated agents may, without liability to the Owner, Gontractoz~ or any occupants of the Lot ar Unit in trespass or atlaerwise, enter upon (ox 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 cost of and for the account of the Owner of such Improvements. The cost of such exterior maintenance skull constitute a Reimbursement Aasesament_ ~F.2 En.trv Rights. The Association may enter upon any Owner's Lot or Unit at reasonable times to np:aintain the Common Area, to remove refuse and to provide the exterior maintenance permitted under this Article 4. Such right of entry shall include the riglxt to use of the Owner's water, from an outside spigot in reasonable amounts, without compensation to the Owner, if used for maintenance on the Owner's I~ot or Unit, or xn the Common Area. This provision shall not be construed as authorizing entry into any camlaleted Improvements located iz~ the Community uxaless a clear emergency exists. 5_ EASEMENTS 5.1 E~sements_ The beclarant reserves for public use the utility easements shown an the Plat ox that kxave been or hereafter may be created by separate instrument recorded in tl~e Office of the County Clerk of Brazos County, Texas, #'ox the purpose of constructing, maintainixag and repairing a system ox aystero,a of electric lighting, electric power, telegraph and telephone line ax lines, gas lines, sewers, water lines, storm drafurzage (surface or underground), or any other utility the Declarant sees fit to install in, across and/or under the ~'roperty. All utility easements in the Gvmmunity may be used for the construction of drainage swells or ditches in order to provide fox improved surface drainage of any designated reserves, Common, Area and/or Lvta or Units. Not'withatanding anything to the contrary contained in the Section 5.I, no sewers, electrical 12 ET 3Jdd A~IlNf10~ ~133~1~ 31gg3d Z80906960b Z0 ~EZ 0002/ZE/50 Imes, water lines, or other utilities may be installed on the Lots or Units except as initially aAProved in writing by the Declarant. Should any utility company furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant, prior to the C-ontrol Transfer Date, without the joinder of any other Owner, shall have the right to grams such easement on said Lots or Units without can#licting with the terms hereof; provided that such easements da not unreasonably itxterfexe with the Owner's use and enjaym,ent of such Lots or Units. Any utility company serving the Pebble Creels Development shall haws the riglxt to enter upon any utility easement for the purpose a£ the installation, repair amd maintenance of their respective faci]ities. Neither Declarant, nor any u#ality aampany using the easements herein referred to shall be liable for aa,.v damages done by them o; their assigns, agents, employees, or servants, to fences, shrubbery, trees and lawns or any other property of the Owner on the property covered by said easements. 5.2 title Subject to Easements. )lt is expressly agreed and understood that the title conveyed by Declarant to any of the T.,ats or Unite by contrast deed pr 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 Unite. The Owners of the respective Lots or Units sha11 not be deemed tv own pipes, wires, conduits or other Service lines rti r,n;ng through their Lots or Units which are utilized for ar service other hots or Units, but each Owner Sbiail have an easement in and to the aforesaid facilitties as sha,Il be necessary far the use, maintenance and enjoyment of his Lot or Unit. 5-8 Utility Easements A.- No building shall be located over, under, upon or across any parbien of any utility easement, however, the Owner of each Lot or Unit Shall have the right to construct, keep and maintain concrete dri~res and similar Zmpx~ovements across the utility easemert along the front of the Lot or Unit and/or along the side of corner Lots or Units adjacent to street right-af--ways and shall be entitled to cross such easements at all time for purposes of gaining access to and from such Lots or Units. B_ The Owner of each Lr of or Unit also aha,ll have the right to construct, keep and maintain driveways, walkways, steps and air conditioning units and equipment over, across or upon any utility easement alozxg the side of such Late or Units {the "Side Lot Utility Easement"), {other than along ax~y Side Lot Utility Easement which is adjacent to a street right-of--way) and shall be entiti d, at all times, to cross, have access to and use the Improvements located thereon, however, any ouch Im, rovements 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 pf each Lot or Unit subject to said Side Lot Utility Easemen shall be responsible for (i) any repairs tv the walkways, steps and air conditioning omits and equipment kuich cross ar are located upon such Side Lot Utility Easements axzd (ii) repairing any damage to said Imp vements caused by the public utility or other beneficiary of such easements in the course of installing, ap rating, maintaining, repairing, or removing its facilities located within the Side ]L.ot Utility easements. C. The Owner of each Lot or Unit shall indemnify and hold harmless Declarant, tlxe Association, ar~d public utility companies having facilities located over, across or under utility easem,enta fio~oa any Ions, expense, suit or demand resulting from. injuries to persons or damage to property in any way occurring, incident to, arisia,g out of, or in connection ^with said Owner's irxstallaticn, maintenance, repair ar removal of any permitted Iznpravemez~ts located within utility easements, including where such injury or damage is caused or alleged to be caused by the sale negligence of such entities or their employees, officers, contractors, or agents. 6- A~1~TEXATION OF Al7DiTIQNAL LQ)riD 6.1 Further Development- Deference is hereby made to the fact that Declarant current>y owns the ,4.nnexable Trend as defined in the 17eclaxation- Lt is currently contemplated by Declarant that portions of the Annexable Land will be developed in various stages ar phases for residential purposes; however, the foregoing is only a current intentions and is subject to change vvithcut notice. It is also the present ~xztentian of Declarant that if such development actors, mutual easeu~ents (including utility easem,ents), 1zcenses and 13 bt 3Jt~d A~IlNf10~ ~133~1~ 3~gg3d T80906969b Z0 ~ET 000Z/T8/50 rights may be granted for the benefit of the Association and Owners and the present and future coopers and tenants owzaing ox leasing improvements in any developments now ax hereafter conatx~ucted on the Avnegable I..and. In order to effectuate such intentions, certain easements are herein retained and granted, arxd 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 anal after the date hereof until the Control Transfer Date, Declarant shall retain and have floe power, without the consent of arty vtl~er Owner or the Association, to annex portions of the Anvexable Land into the Coxnmunity~ provided that the property so annexed is to be developed in a manner generally similar to the existing Lots and Units in accordance with a general ,plan of developro,ent under which (i) the architectural standards prevailing within the Community will be continued in such annexed property, (ii} the type of residential Irapravem,ents to be constructed in such annexed property will be similar in value and coat to one or mere of the types of existing or contemplated residential Improvements in the Community, and (iii) the annexed property will become subject to assessment in the same manner as is prevailing for the Community, Declarant also shall be entitled to annex poxtiona of the AnneaGable Land into the Com~oaunity after the Control Transfer Date, without the consent of any other Owner or the A,ssociativn, provided that the first anne~cataon proposed by Declarant subsequent to the Control 'T'ransfer Date is effected prior to the second annual anni~rersary of the Control Transfer Rate, as extended by dela~rs in development outside of the reasonable control of Declarant ("Excusable Delays"}, and say 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 Azmexable Land in to the Commmunity, 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 floe Control Transfer Date or the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexabie LarAd into the Community, Declarant shall be entitled to annex such Aannexabie Land into the Community with tlxe written approval (by 'avzitten instrument or written ballot} of the Class A Members holding not leas than sixty-seven percent (G?°rb) of the voting power within the Community (exclusive of floe voting power o£ the Declarant)_ However, 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 o£ the mast recently recorded Supplementary Declaration annexing a portion of the Annexable Land into the Community, as extended by Excusable Delays. The additions authorized under this Section, G.Y shall be made by filing a supplementary declaration or record with respect to the property to be annexed into the Commuxuty. 8,2 Easements and Rig 9 Presen v Reserved, Declarant hereby reserves unto itself, its successors and assigns, a nonexclusive easement and ri ht~of-wa fox in ess, a ess arad through all streets and roadwa s g y ~ ~ par~iug over, across and y (private or otherwise) shown on the plat, said easement and right-of way to expire on the Control Transfer Date, if Declarant lass not, prior to such date, annexed portions of the Annexable band into the community. 6.3 Oblieation to ~',xant Reciprocal R„aehts. Declarant may, from time to time, assign one or more of the easements set out im this Article G to such persona or entities as it desires, including but not limited to property owners' associations, but in no event to arty person, or entity that does pat have an interest in a tract or parcel of land situated within, the Annexable Laud, it being intended that the right to use such easements be limited to parties residing on or using the A.nnexable Land or the Community, and their guests and invitees_ lVo assignment of az~y such easement or easem,enta shall be made unless concurrently therewith the parties, ar representatives thereof, who are being granted such rights also grant to the Owners or the Association a reciprocal easement or easements with respect to any similar facilities, if any, owned by such parties and located on the Annexable Land, or any part thereat Subject to all of the provisions of this Article 6, Declarant and its successors and assigns may zpake multiple nonexclusive assignments of the easements herein granted to it. G.4 Allocation of Expenses. If any of the easements and rights granted by this .Article G a;e assigned tv other entities or persons in connection with the development of Zmpravements on the Annexable Land as set out in, Section 6.2 above, all such assi.g~aments shall provide that the assignees thereunder shall bear their proportionate share of floe costs of maintaining, using and operating t}~e street, road, recreational facility or other facility, as the case may be, as to which such right is granted. $uch sharing of costs and expenses shall be based upon the actual costs of ownership, operation and maintenance of the facility in question, and shall 14 5Z 3Jt1d l,~IlNf10~ 7133~1~ ~~SS3d ZS0906960b ZO~ET 000ZfZEf90 be borne prorate by all persona having the right to Weeks use thereof based upon the xtumber of appli,ca.ble Lots and Units and Country Club memberships. The time of payment of such cxrsts, and the xaethodology off asoertaiming same, shall be specified in the instrument from Declarant or its sucoessors an,d .assigns to its assignee and shall be bi~xding upon the Owners and the Association and such assignees provded that the cost allocation shall be based upon the basis as hereinabove provided or some other equitable basis_ 8.8 Authority of the Eoftrd The Board shall have, and is hereby granted„ the necessary and requisite authoz~ty to enter into such cross-easement and cross-use agreements, or other agreements howsoever designated, as po.ay be necessary to effectuate the intents and purposes of this Article F, fi.fi Anne bie T.,an~ 'T'his Supplementary Declaration, including, without limitation, this Article fi, shall have no force or effect and shall not constitute any encumbrance with z~espect to the Armea~able Land or any part thereof, unless and until portions of the Anrxexable Land are made subject to the jurisdiction of the Association by separate instrument e~teouted solely by Declarant and envy lienhelders, which instrument is recorded in the Office of the County Clerk of Brazos County, Texas. Reference is made herein in this Article 6 to the A,unexable Land solely fox 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 ma easement or other right referred to ion this Article fi with respect to the Annexable Laud or any part thereof shall be of any force or e£~feot unless set forth in 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 memoranduux thereof: is hereafter recorded in the Offi'ice of the County Clerk of Brazos County, Texas. 7. GENERAL OVISION 7.1 Sever ilit .Invalidation in any one of the provisions of this Declaration shall not affect any other provision hereof, which shall remain in full force and e££ect. 7.2 Term, The provisions of this Supplementary Declaration shall constitute covenants rur~uning with the land and shall be bindiri:g upon all future Garners, transferees and lessees thereof; and their successors and assigns, £or a term of forty {40} years from the date of this Supplementary Declaration, after which time the provisions a£ this Sugplenaentar~r Declaration automatically shall be extended for up to three (3) successive periods of ten (10) years earb~ unless terminated as provided in Section 7_~. 7.3 Re,~ubdivision_ Xn the event that any Lot or Unit is resubdivided or submitted to a comdominiuzn regime, the plan of resubdivision ox condomit~i,um plat filed in the Office a£ the Country Clerk of Brazos County, Texas shall make specific refere~zce to this Suppleme~xtary Declaration, but its failure to do so shall not affect the applicability of the pror,-isions hereof to any such T,ot or Unit. 7.4 amendment, by Memberg. 'T'his Supplementary 17eclarataion may be amended or changed,. iix whole or part, at any time within forty {4Q) years of the data of this Supplementary Declaration by a written instrument signed by those Members (including the Declarant) in the Community holding not leas than aixty- sevexa percent (67%} of the total votes of each class o£ Members in the Community; and, thereafter, by a written instrument a ogned by those Member's {including the Declarant) in the Community holdistg not less than fifty percent (50.fi) of the total votes of each class of Members in the Com,Anunity_ Xf the Declaration is amended by written instrument signed by the requisite number of Members o£ this Community, such amendment must be approved by said Members witbain three hundred sixty-five (3fi5) calendar days o£ the date the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prizua facia evidence of the date o£ execution of said anaendmez~t by such Member. Those Members (including' the Declarant) of this Community entitled to cast net less that the required number of all votes of the Members of the Community m,ay also vote to amend this Declaration, in person or by proxy, at.a meeting of tk~.e 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 irx advance and shall set Forth the purpose a£ such ureeting_ Notwithstanding any provision contained in the Asaociatioz~ By-Laws to the contrary, a quorum, for purposes of such meeting, shaft cansiat of not less than seventy percent IS 9Z 3~ad J~~IlNf10~ ~i33~1~ 3~~~3d T80906960b Z0 ~Et 0002/ZE/50 (7D%) of all of the Members of this Community (in person or by pra,~v) entitled to vote. Any suckx amendment shall become effective when an instrrument 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 $oard, stating that the required number of Members of this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or Cast a written vote, in person or by proxy, in favor o£ said amendment at the meeting called for such purpose, Copies of the written ballots pertaiaazng to such amendment shall be retained by the Association far a period of not legs than three (3) years after the date of filing of the amendment. 7.5 Amendment by the eclatant. 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 fox record, for the purpose of correcting any typographical ar grammatical erz~or, oversight, ambiguity ar inconaisteracy appearing herein, provided that arty such amendment shall be consistent with and in furtherance of floe general plan and scheme of development as evidenced by this Supplementary Declaration and the Declaration and shall mat impair or adversely affect the vested property or other rights of any Owner or his uaortgagee, Additionally, 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 axay Owner or other party, to amend this Supplementary Declaration by an instrument ixx writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits £rom technological advances, such as security, communications or energy-related devices or equipment which did not exist or wvere not in common use in residential subdivisions at the Buie this Declaration was adopted. Likewise, the Declarant shall have and reserves the right at any time and fropu 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 i~ writing duly signed, acknowledged and filed for record for the purpose of prohibiting the use of any device or apparatus developed aid/or available fox residential use following the date of this Supplementary Declaration if tb;c use of such device or apparatus will adversely affect the Association ar will adversely affect the property values within the Community. 7_B Declarant'a Right~and Prgroaative,~. Prior to the Control ~`a~ansfer Date, the Declarant may file a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for the Declarant's (i) discontinuance of the exercise of amy right ar prerogative provided for in this Supplementary Declaration to be exercised by the Aeclarant or (ii) assignment to any third party awning property in the Febble Creek Development, or to the entity owning the Country Club, of one ox more of Declarant's specific rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The assignee desigziated by Declarant to exercise one or mare of Declaxant's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier to occur o£ 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 fax said Assignee's discontinuance of the exercise of said right or prerogative. Frain and after the date that th,e 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, tb,e Declarant shall not incur any liability to any Qwner, the Association or any other party by reason of the DeClarant's discontinuance or assiglYmez~t of the exercise of said right(s) b;prerogative(s). 7.? Disclaimer for Errant Golf Balls. Land subject to this Declaration is intended far development as a balanced, planned co~aomunity, 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 gaff nearby. Specific easements are granted for such unavoidable ingress and egress, and Owners may rant hold liable any planner, developer, constructor, or any other person £ar any iz;jury or damage whatsoever caused by such golf ba1Ls. 7-$ Vender- Wherever in this Supplementary Declaration the context so requires, the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders. 7.9 He~~- The headings and any table of contents contained in this Supplementary Declaration are for reference puz~poses only and shall not in any way affect the meaning or interpretation herea£. X6 L T 3~t7d ,I~IlNf10~ ~133i•!~ 3~SS3d T80906960b Z0 ~ 8 Z 0002 I ZE f 90 7.10 eClar nt's t5 „~mpl~te Develop~en#~ of Ca ,m»nit~,. No provision of this Supplenaeutary Declaration shall be construed to prevent oz limit Declarant's right or require Declarant to obtain any approval tq (i} complete development o£ the property within the boundaries a£ the Community; {ii) construct, alter, demolish yr replace Improvements on any praperiy awned by Declarant within the Community; (iii} maintain model homes, storage areas, affrcea fox construction, initial sales, resells or leasing Purposes or similar facilities on any property awned by Declarant or owned by the Association within the ~iumunity; (iv) post signs incidental to development, oonstzuetion, promotion, marketing, sales or leasing o£ the property vsrithin the boundaries of the Pebble Creek Development, of {v} excavate, cut, 5Il or grade any property within the Community oaFued by Declarant. Additionally, no provision of this Supplemez~,tary Declaration shall require Declarant to seek oz obtain the approval o£ the Architectural Committee or of the Association for ax~y such actirrity or Improvement on any property owned by Declarant. Nothing in this Section 7.1.0 shall limit or impair the reserved rights of Declarant elsewli,ere provided in this Supplementary Declaration or in the Declaration. 7.11 Declarations Construed Tgeether. All of the provisions of this Supplementary Declaration shall be liberally construed together with tine Declaration to promote and effectuate the fundamental concepts o£ the development of this Community anal the Pebble Creek Development, as set forth in the Declaration. 7'.12 Persons Entitled to En„fo~ce SupnZement$ Dec1 ration. The Association, actir-g by authority of the Board, and any Member of the Association shall have the right to enforce any and all of the provisions, covenants and restrictions contained in this Supplementary Declaration against any property within Ibis Community and the Owner thereof. The right of enforcement shall include the right to bring an action for damages as well as an action to enjoin any violation of azky provision of this Supplementary Declaration. The Association shall have the same rights and . zemedies 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 Vio ~ons of w. Any violation of any federal, state, municipal or local law, ordinao,ce, rule or regulation, pertaining to the awvnership, occupation or use of any property vwitbin the Community hereby is declared to be a violation of this Supplementary Declaration and shall be subject to any and all of the enforcement pzocedures set forth or referred tQ in this Supplementar~r Deelaratioz~. 7.i4 hosts and Attorneys Fees In any action or proceeding under Ibis Supplementary Declaration, the prevailing party shall be entitled to recover its costs and expenses an connection therewith, ~cluding reasonable attorney's fees 7_],5 No R.e esenta ~ana or W rrantie~ No zepresentations 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 portion of the Community, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness £or intended use, or xn connection with the pebble Creek Development, sale, operation, maintenance, cost o£ maintenance, taxes or regulation thereof, unless sad except as specifically set forth in wx~itixtg. 7.16 Limi#~tion on. 1liabilit,L., Neitixer 'the Association, the $oard, the Architectural Committee, Declarant, or any officer, agent, or employee of any of the same acti~.g with the scope of their respective duties described irx this Supplementary Declaration shall be liable to any person for any reason or for any £ailure to set if the action or failure to sot was in good £ai.th and without malice. 17 8Z 3Jt~d h~IlNf10~ 7133~1~ 3~~~3d Z80906960b Z0 ~ET 000Z/t8/50 Executed this ~'~gy o;f May, 2000_ A7,"X'EST w--r'h. 1V1ollq M, 'Yo Secret STATE OF TEAS CC)U1VTY OF B1~AZClS PE~>~ REE b~v~LdPMENfi CoMPA.NY avis g, Vice FresidenE This ~strument was acknowledged before me om this the2' day of lVlay, 2000, by Davis M. Young, Vice President of Pebble Creek Development Compazay, a Texas Corporation, on behalf of such corporation. ,. N,,,~ _ +~ " t MELISSA A GRESSE"IT pp~~ M1`COIYIMIS~3d10l!yN~~,D~(PIRES Ni~IN~ , ~ "TI Lam. ~, ~.-~ Gl... (~,,~ 1n,~, Notary Public, Sts of Texas My Commission Expires, ' k ~ STATE QF T>;XAS COUNTY' dF BR.A.Z4S This instrument was acknowledged before me on this th~day of May, 2000, by 1Vlally M. `Young, Secretary of Pebble Creek DevelopAO,ent Company, a Texas Corporation, on behalf of such corporation. ~, M1Ni^w Notary Public, State T as , ~~ `"~-~ 14ffw!l~SAAGRESSEri ~y Comxuiaaion E Tres: ~Q f~ ='i `~ MY COMMISSION FARES xp ..~ _* r llpti 24, 2002 EXIdISIT A See plat filed for record iz~ Brazos County, Texas for Pebble Creek Yevelopment, Phases 8B. IS 6Z 3Jt~d h~IlNf10~ ?133~1~ 3~RR3d T80906960b Z0 ~6T 000Z/ZE/50 TABLE OF CONTENTS ].. DEli'IIVZTYONS 1.1 A,ssocaatxon ~ 2 1.2 Board 2 Z.3 Comm,ercial Builder 2 Z.4 Common Area 2 1.5 Community 2 Z.6 Declarant 3 1.7 Declaration 3 I„$ Governing Documents 5 1.8 Improwemente ~ z.1o Lot ~ 1.11 Me~nbor 3 1.12 Notico 3 1.13 Owner 3 1.14 R.einnbursement Assessment 8 1.15 Pebble Creek Development 3 1.I6 Supple~oa~entary Deciaratian 4 1.17 Uniu,~proved Lot 4 1.1$ Unit 4 2. SUBJECT' PR.bPERTZES 2.1 Existing Properties 4 4 2.2 Annexation by Sulaplementary Deciasation 4 3. USE RESTRICTIOI~TS 5 3.1 Single-Famiiy Residential Construction 5 3.2 Designation of Lot Z~pes ~ 3.3 Composite Building Site 5 3.4 Locatfon of the Improvements upon the I,ot or Unit g 3.5 Removal of 'f`rees, Trash and Care of Lots axxd Units During Construction 6 3.6 Brick Recluiremeots ~ 3.7 Carports 7 3.S Wails, Fences and Hedges 7 3.9 Visual Obstruction at the Intersections of Streets 7 5_Ip Air Conditioxxing Requirements 7 3.I. Z Prohibition of Offensive Activities 7 S.I2 Use of Temporary St~ctures - ~ 3.13 Storage of Vehicles or Equipment g 3.14 Ani,~mal Husbazxdry $ 3.15 Lot and TJnit Maintenance $ 3.16 Sign, Advertisements, Biilbaards S 5.17 Maximum Height of Antenna 9 3.1$ Wind Generators ~ 3.19 Salar Collectors ~ ~ 3.2Q Swimming Pools 9 3.2 Z Drying of Clothes in Public View ~ 3.22 Garage and Garage Doors 9 3.23 Control a#' Sewage Effluent 10 3.24 Residence and IAaprovements Damaged by Pire and Other Casualty Zp 3.25 Vehicles Permitted to IJse Roads and Streets 10 3.26 Boats lr'rohibited. in 1'.akes 1Q 3.27 Swimming Prohibited in i;rakes 10 3.2$ Landscaping 10 3.29 Roofing 11 19 0Z 3J17d h~IlNf10~ 7133~1~ 3~ffS3d 180906960b Z0 ~Ei 000Z/T8150 5.30 Driveways 3.37. Liglxting 11 3.32 Minimum Slab Elevation 11 3.33 Rental and 7.easing 11 3.34 Unfinished Rooms 12 3.35 Variances 12 3.Sfi Dish Antennae 12 ].2 4. PROFER,TY MAINTENANCE REGULATION 12 4.1 Exterior Maintenance of Ymprovements I2 4.2 Entry Rights I2 5. EASEMENTS 5.1 Easements I2 5.2 Title Subject to Easements 12 5.3 Utility Easements 13 13 s. ANNEXATION OF ADn~mralvAL I:~ND 13 6.1 Further Development I3 6.2 Easements and Rights Presently Reserved 14 6.3 Obligation to (xrant Reciprocal Rights I4 6.4 Allocation o#' Expenses 14 6.5 Authority of the $oard 15 6.6 Annexable Land 15 7. GENERc9,T, FROVISZONS 7_ i Se~verability 15 7.2 Term 15 7.3 Resubdivision 15 7.4 ,Amendment by Members 15 7.5 Ame~xdmeut by tk~e Declarant 15 7_fi Declarant's Rights an,d Prerogatives 16 7.7 Disclaimer fox Errant Golf $alls 1fi 7.8 Crender 16 7.9 headings 16 7,10 Declarant's Rights to Complete Development of Community 17 7.11 Declarations Construed Together , 7.12 Persons Entitled to Enforce Supplementazy Declaration 1 ~ 7.13 V'iolatxons of Law I~ 7.14 Costs and Attorney's Fees _ 17 7.I5 No Representations or Warranties 17 17 7.16 Limitation an Liability 17 20 ZZ 3~tid l,~IlNf10~ ~33da 3~SS3d Z80906960b Z0 -E1 000ZI1E/50