HomeMy WebLinkAboutCovevanats and Restictions(2) number of months remaining in the calendar year. On or before the 30th day of November in each
year, the Board of Directors of the Association shall fix the amount of the annual assessment to be
levied against each Lot in the next calendar year. Written notice of the figure at which the Board of
Directors of the Association has set the annual assessment shall be sent to every Owner whose Lot
is subject to the payment thereof. However, the failure by the Board of Directors of the Association
to fix an annual assessment for any year will not be deemed a waiver with respect to any of the
provisions of this Declaration or a release of liability of any Owner to pay annual assessments, or
any installments thereof, for that or any subsequent year. In the event of such failure, each Owner
shall continue to pay the annual assessment established for the previous year until the new annual
assessment is established. The new annual assessment established by the Board of Directors of the
Association shall be applied retroactively to the commencement of the then current assessment year
and the deficit shall be paid by each Owner within thirty (30) days after receipt of a statement
therefore. Assessments shall be due and payable yearly in advance on the first day of January or as
directed by the Board of Directors of the Association. The Association shall, upon and for
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether
the assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a particular Lot binding upon the Association as of
the date of its issuance.
Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessments or charges, which are not paid when due, shall be delinquent. If an assessment or charge
is not paid within thirty (30) days after the due date, it shall bear interest from the due date of the
lesser of (i) eighteen percent (18 %) per annum or (ii) the maximum rate permitted by law, and the
Association may bring an action at law against the Owner personally obligated to pay the same, or
foreclose the lien herein retained against the Lot. Interest, costs and reasonable attorney's fees
incurred in any such action shall be added to the amount of such assessment or charge. In order to
secure the payment of the assessments or charges hereby levied, each Declarant to the purchaser or
each Lot or portion thereof, which lien shall be enforceable through appropriate judicial and
non judicial proceedings by the Association. As additional security for the payment of assessments
levied, each Owner of a Lot in the Subdivision, by such party's acceptance of a deed thereto hereby
grants the Association a lien on such Lot which may be foreclosed on by a non judicial foreclosure
and pursuant to the provisions of Section 51.002 of the Texas Property Code (and any successor
statute); and each such Owner hereby expressly grants the Association a power of sale in connection
therewith. The Association shall, whenever it proceeds with non judicial foreclosure pursuant to the
provisions of said Section 51.002 of Texas Property Code and said power of sale, designate in
writing a Trustee to post or cause to be posted all required notices of such foreclosure sale and to
conduct such foreclosure sale. The Trustee may be changed at any time and from time to time by
the Association by means of written instrument executed by the President or any Vice President of
the Association and filed for record in the Official Public Records of Brazos County, Texas. In the
event that the Association had determined to non judicially foreclose the lien provided herein
pursuant to the provisions of said Section 51.002 of the Texas Property Code and to exercise the
power of sale hereby granted, the Association shall mail to the defaulting Owner a copy of the notice
of Trustee's sale not less than twenty -one (21) days prior to the date of which sale is scheduled by
posting such notice through the U.S. Postal Service, postage prepaid, registered or certified, return
receipt upon request, properly addressed to such Owner at the last known address of such Owner
according to the records of the Association. If required by law, the Association or Trustee shall also
cause a copy of the Notice of Trustee's Sale to be recorded in the Official Public Records of Brazos
County, Texas. Out of proceeds of such sale, there shall first be paid all expenses incurred by the
Association in connection with such default, including reasonable attorney's fees and a reasonable
Spring Creek Terrace Covenants Page 13 of 26
Trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to
the amount in default; third, any amounts required by law to be paid before payment to the Owner;
and forth, the remaining balance shall be paid to such Owner. Following any such foreclosure, each
occupant of anything such Lot foreclosed on and each occupant of any improvements thereon shall
be deemed to be a tenant at sufferance and may be removed from possession by and all law mean,
including a judgment for possession in an action of forcible detainer and the issuance of a writ of
restitution thereunder.
In addition to foreclosing the lien hereby retained, in the event of nonpayment by any Owner
of such Owner's portion of any assessment, the Association may, acting through the Board, upon ten
(10) days prior written notice thereof to such nonpaying Owner, in addition to all other rights and
remedies available at law or otherwise, restrict the rights of such nonpaying Owner to use the
Common Areas, if any, in such manner as the Association deems fit or appropriate and/or suspend
the voting rights of such nonpaying Owner so long as such default exists.
It is the intent of the provisions of this Section 8 to comply with the provisions of said
Section 51.002 of the Texas Property Code relating to non judicial sales by power of sale and in the
event of the amendment of said Section 51.022 of the Texas Property Code hereafter, the President
or any Vice President of the Association, acting without joinder of any other Owner or mortgage or
other person may, by amendment to this Declaration filed in the Official Public Records of Brazos
County, Texas, amend the provisions hereof so as to comply with said amendments to Section
51.022 of the Texas Property Code.
No Owner may waive or otherwise escape liability for assessments provided for herein by
non -use of the Common Area or abandonment of his Lot. In addition to the above rights, the
Association shall have the right to refuse to provide services of the Association to any Owner who
is delinquent in the payment of the above described assessments.
Section 9. Subordination of the Lien to Mortgages. As hereinabove provided, the title
to each Lot shall be subject to a vendor's lien and power of sale securing the payment of all
assessments and charges due the Association, but said vendor's lien and power of sale shall be
subordinate to any valid purchase money lien or mortgage covering a Lot and any valid lien securing
the cost of construction of home improvements. Sale or transfer of any Lot shall not affect said
vendor's lien or power of sale. However, the sale or transfer of any Lot pursuant to a judicial or
non judicial foreclosure under a purchase money lien or lien securing the cost of construction of
home improvements shall extinguish the vendor's lien and power of sale securing such assessment
or charge only as to payments which became due prior to such sale or transfer. No sale or transfer
shall relieve such Lot or the Owner thereof from liability from any charges or assessments thereafter
becoming due or from the lien thereof. No extinguishment of the vendor's lien and power of sale
shall relieve the delinquent Owner from his personal obligation and liability therefore. In addition
to the automatic subordination provided hereinabove, the Association, in the discretion of its Board
of Directors, may subordinate the lien securing any assessment provided for herein to any other
mortgage, lien or encumbrance, subject to such limitations, if any, as such Board may determined.
Section 10. Exempt Property. All properties dedicated to, and accepted by, a local public
authority and devoted to public use and all properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of Texas shall be exempt from the assessments and
charges created herein. Notwithstanding the foregoing, no Lot, which is used as a residence, shall
be exempt from said assessments and charges.
Spring Creek Terrace Covenants Page 14 of 26
ARTICLE XI
INSURANCE
The Association, through the Board of Directors, or its duly authorized agent, shall have the
authority to obtain the following types of insurance polities:
(a) Property insurance covering the Common Area, easements and esplanades and all
improvements thereon in an amount equal to the full replacement value of the
improvements and facilities located upon the Common Area, easements and
esplanades and owned by the Association (including all building service equipment
and the like) with an "agreed amount endorsement" or its equivalent, a "demolition
endorsement" or its equivalent and, if necessary an "increased cost of construction
endorsement" or "contingent liability from operation of building laws endorsement"
or the equivalent, affording protection against loss or damage by fire and other
hazards covered by the standard extended coverage endorsement in Texas, and by
sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief,
windstorm, and water damage, and any such other risk as shall customarily be
covered with respect to projects similar in construction, location and use;
(b) A comprehensive policy of public liability insurance covering all of the Common
Area, easements and esplanades, and insuring the Association, within such limits as
it may consider acceptable (for all claims for personal injury and/or property damage
arising out of a single occurrence); such coverage to include protection against water
damage liability, liability for non -Owner and hired automobiles, liability for property
of others, and any other coverage the Association deems prudent and which is
customarily carried with respect to projects similar In construction, location and use;
and
(c) A policy of fidelity coverage to protect against dishonest acts on the part of officers,
directors, trustees, and employees of the Association and all others who handle, or
are responsible for handling funds of the Association; such fidelity bonds shall be of
the kind and in an amount the Association deems necessary for the protection of the
Owners. Premiums for all such insurance policies carried by the Association shall
be a common expense payable from the annual assessments on all of the Lots.
Liability and property insurance for Lots and the contents of residences shall be the
responsibility of each individual Owner. All proceeds from policies held by the
Association shall be deposited in a bank or other financial institution, the accounts
of which bank or institution are insured by a federal governmental agency, with the
provision agreed to by said bank or institution that such funds may be withdrawn
only by signature of at least two (2) of the members of the Board of Directors, or by
an agent duly authorized by the Board of Directors. In no event shall the insurance
company or the bank or other financial institution holding proceeds on a policy
issued in the name of the Association be authorized to distribute any proceeds
therefrom to the Declarant. Proceeds from such policies shall be used by the
Association only for the benefit of its Members and where such proceeds arise out
of an occurrence in which a building or improvement owned by the Association is
damaged or destroyed, they shall be used to repair, restore and rebuild such building
or improvements. In the latter event, the Board of Directors shall advertise for sealed
Spring Creek Terrace Covenants Page 15 of 26
bids from contractors, and acceptance of a bid received thereby, may negotiate with
the contractor, who shall, unless waived by the Board of Directors, be required to
provide a full performance and payment bond for the repair, reconstruction or
rebuilding of such destroyed improvements or buildings. In the event the insurance
proceeds are insufficient to pay all costs of repairing and/or rebuilding said
improvements to their original condition, the Association shall levy a special
assessment for capital improvements against all owners to make up the deficiency.
This shall be done only after compliance with all the requirements for imposition of
special assessments.
ARTICLE XII
EXTERIOR MAINTENANCE
Section 1. Obligation. All Living Units and other buildings located within the
Subdivision must be kept in good repair and must be painted when necessary to preserve their
attractiveness. Grass, vegetation and weeds on each Lot shall be cut as often as may be necessary
to maintain the same in a neat and attractive condition. All damaged, diseased beyond recovery or
dead trees shall be cut and removed from any Lot at the expense of Owner. Vacant Lots shall be
mowed and maintained in appearance by the Owner and shall not be used as dumping grounds for
rubbish, trash, rubble or soil, except that the Board may designate fill areas into which materials
specified by the Board may be placed. The Association may plant, install and maintain shrubbery
and other screening devices around boxes, transformers and other aboveground utility equipment.
The Association shall have the right to enter upon the Lots to plant, install, maintain and replace such
shrubbery or other screening devices. Owners of residences shall construct and maintain a fence or
other suitable enclosure to screen from public view the drying of clothes, yard equipment and
woodpiles or storage piles.
Section 2. Failure to Maintain. In the event any Owner of any Lot in the Subdivision
fails to maintain the Lot and the improvements situated thereon in a manner satisfactory to the Board
of Directors of the Association, after seven (7) days notice to the Owner of said Lot, setting forth the
action intended to be taken by the Association and after approval by a two - thirds (2/3) vote of the
Board of Directors, shall have the right (but not the obligation), through its agents and employees,
to enter upon said Lot and to repair, maintain and restore the Lot and the exterior of the buildings
and any other improvements located thereon. To the extent necessary to prevent rat infestation;
diminish fire hazards and accomplish any of the above needed repair, maintenance and restoration,
the Association shall have the right (but not the obligation), through its agents and employees, to
enter any residence or improvement located upon such Lot. Neither the Association or its agents or
employees shall be liable, and are expressly relieved from any liability for trespass or other tort in
connection with the performance of the exterior maintenance and other work authorized in this
Article. The cost of such exterior maintenance and other work shall be personal obligation of the
Owner of the Lot on which it was performed and shall become a part of the assessment payable by
said Owner and secured by the liens herein retained.
ARTICLE XIII
USE RESTRICTIONS
Section 1. Residential Use. Each and every Lot in the Subdivision is hereby restricted
to site built residential dwellings for single - family residential use only. As used herein, the term
"residential use" shall be held and construed to exclude hospitals, clinics, apartment houses,
Spring Creek Terrace Covenants Page 16 of 26
manufactured houses, duplex houses, garage apartments used for rental purposes, boarding houses,
hotels and commercial and professional uses whether from homes, residences, or otherwise, and all
such uses of said property are hereby expressly prohibited.
Section 2. Business Activity. No business activities of any kind whatsoever shall be
conducted in any portion of the Subdivision; provided, however, the foregoing covenant shall not
apply to the business activities of the Board, its agents and assigns during the construction and sale
period, or of the Association, its successors and assigns in furtherance of its powers and purposes
as herein set forth. Each builder on Lots in the Subdivision shall be allowed to use the garage
structure constructed on the Lot as an office; provided, however, that such structure must be
converted back to a garage prior to the sale of the home on the Lot affected to a purchaser.
Section 3. Common Area. The Common Area shall not be used for any commercial
purposes; however, this provision shall not preclude the Association from charging reasonable fees
for the use of the recreational facilities, which are part of the Common Area.
Section 4. Exemption for Sale of Lots. Notwithstanding provisions herein contained to
the contrary, it shall be permissible for the Board or the builder of any residence to maintain, during
the period of construction and sale of Lots within the Subdivision, upon any portion of a Lot, such
facilities as in the sole opinion of the Board may be reasonably required, convenient or incidental
to the construction and sale of improved Lots, including, without limitation, a business office,
storage area, construction yards, model units and a sales office.
Section 5. Animals and Livestock. The raising, breeding or keeping of animals, livestock
or poultry of any kind on any Lot in the Subdivision is strictly prohibited; provided, however,
consistent with the Living Unit's use as a residence, dogs, cats or other household pets may be kept
on a Lot, provided they are not kept, bred or maintained for any commercial purposes and further
provided, no more than three (3) such pets shall be kept on a Lot. All pets must be properly tagged
for identification and penned in an approved enclosure. No pet may be chained or outside an
enclosure unless being walked on a leash. Whenever, a pet is removed from its enclosure, it must
be in the possession of its Owner or the Owner's agent and must be restrained by a proper leash of
chain, rope, plastic, leather or similar material.
Section 6. Mineral Production. No oil drilling, oil development operations or oil
refining, quarrying or mining operations of any kind, shall be permitted upon any portion of the
Subdivision, nor any kind shall be permitted upon any portion of the Subdivision, nor shall oil wells,
tunnels, mineral excavations or shafts be permitted upon any portion of the Subdivision. No derrick
or other structure designed for use in boring for oil or natural gas shall be erected, maintained or
permitted upon any portion of the Subdivision.
Section 7. Disposal of Trash. No portion of the Subdivision shall be used or maintained
as a dumping ground for rubbish, trash, garbage or other wastes. All rubbish, trash, garbage or other
waste shall be kept in sanitary containers and out of sight of the Common Area and any street or
adjacent Lot, except on days designated by the Association for pick -up of such garbage. In a manner
consistent with good housekeeping, the Owner of each Lot shall remove such prohibited matter from
his Lot at regular intervals at his expense. No incinerator may be maintained on any portion of the
Subdivision.
Spring Creek Terrace Covenants Page 17 of 26
Section 8. Storage of Vehicles. No recreation vehicles, boats, trailers, campers or
inoperable automobiles shall be allowed to be parked within the streets, Common Area, front yard
or any other area of the Subdivision, unless same are parked in garages and the garage doors remain
closed except when in use. No portion of the front yards, streets or Common Area shall, without the
express written permission of the Association, be used for any items, which the Association deems
unsightly or inappropriate. No Owner of any Lot in the Subdivision or any visitor or guest of any
Owner shall be permitted to perform work on any vehicle in any driveway, front yard or street other
than for work of a temporary nature. For the purpose of the foregoing term, "temporary" shall mean
that the vehicle shall not remain in a driveway or street in excess of twenty -four (24) hours.
Section 9. Storage of Building Materials. No Lot shall be used for storage of any
material except that required for landscaping or construction which materials shall not be placed or
stored upon any Lot until the Owner is ready to commence construction of improvements on the Lot,
at which time such materials shall placed within the property lines of the Lot upon which the
improvements are to be constructed, and shall not be placed in the street or upon any Common
Areas.
Section 10. Signs. No advertising signs (except not more than one six (6) square foot "For
Rent' or "For Sale" sign per Lot), billboards, unsightly objects, or nuisances shall be erected, placed
or permitted to remain on any portion of the Subdivision. The Board and the Association, however,
shall have the right to erect identifying signs at each entrance of the Subdivision and the Board may
place and maintain, or permit to be placed and maintained, such builder advertising signs as it may
desire in its sole discretion in connection with construction of homes in the Subdivision. The Board
of Directors of the Association shall have the right to approve the design and working of all signs
and the right to enter in and upon any Lot for the purpose of removing any sign being maintained
thereon which has to be approved by it. In no event shall the Association or its Board of Directors
liable to any person or persons for any damages of whatever nature for removing such signs in a
reasonable manner.
Section 11. Clotheslines. No outside clothesline shall be constructed or maintained on
any Lot within sight of the Common Area or any street or adjacent Lot.
Section 12. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any portion of the Subdivision, nor shall anything be done thereon which may become an annoyance
or nuisance to the residents of the Subdivision or in any way endanger the health of the residents.
Section 13. Prohibited Conduct. No portion of the Subdivision shall be used for vicious,
illegal or immoral conduct, or by any conduct in violation of the laws of the State of Texas, or the
United States, or of the police, health, sanitary, building or fire codes, regulations or instructions
relating to or affecting the use, occupancy or possession of any portion of the Subdivision.
Section 14. Control of Sewage Effluent. No outside toilets will be permitted, except
temporarily during the construction of improvements, and no installation of any type of device for
disposal of sewage shall be allowed that would result in raw or untreated or unsanitary sewage being
carried into the streets or into any body of water. Drainage of storm waste into sewage pipes shall
not be permitted. No septic tank or other means of sewage disposal will be permitted.
Spring Creek Terrace Covenants Page 18 of 26
ARTICLE XIV
ARCHITECTURAL RESTRICTIONS
Section 1. Type of Living Unit. No building shall be erected, altered, placed or permitted
to remain on any Lot other than a detached single family dwelling of not more than two (2) stories
and the maximum height of residential structures shall be 40 feet. All structures shall be of new
construction and no structure shall be moved from another location onto any Lot. All structures shall
include an enclosed garage capable of storing at least two automobiles.
Section 2. Adequacy of Parking. Each Lot shall provide adequate parking spaces
sufficient to accommodate all parking needs for the intended uses within each Lot. Not less than
sixty five (65 %) percent of the lots shall have a minimum of four (4) parking spaces, two of which
shall be in the garage. Not more than thirty five (35 %) percent shall have minimum of three (3)
parking spaces two of which shall be in the garage. No garage shall be converted into bedrooms,
dens, studies or any living areas for the occupants; provided, however, builders may temporarily
convert the garage if used as a model home, such garage must be reconverted for the parking of
automobiles within 90 days when no longer in use as a model home. Carports on Lots are not
permitted.
Section 3. Type of Construction. At least 15% of the first floor street exterior walls of
residential structures will be constructed of masonry materials, i.e. brick, stone or stucco (excluding
windows, doors, other openings and gables) on all residential structures. No garage or accessory
building shall exceed in height the dwelling to which it is appurtenant without the written consent
of the Committee. Every garage and permitted accessory building (except a greenhouse) shall
correspond in style and architecture with the dwelling to which it is appurtenant. No structure of any
kind or character that incorporates frame construction on the exterior shall be erected on any Lot
unless such structure receives at least one coat of paint at the time of construction or the exterior is
of redwood or cedar material.
Section 4. Dimensions of Living Unit. The maximum Lot coverage of residential
structures, accessory buildings, driveways and concrete decks shall not exceed 65% percent of the
total Lot size. Unless otherwise approved by the Committee, no residential structure shall be erected,
altered, placed or permitted to remain on any Lot located in the Subdivision unless its living area has
a minimum of one thousand one hundred (1,100) square feet.
Section 5. Location of Living Unit on a Lot. The minimum building setback requirement
shall be:
Front setback: 20 feet from front property line
Rear setback: 10 feet from rear property line.
Interior Side setback: 5 feet from side property line.
Corner lot side setback: 10 feet from side property line.
Note: Roof overhangs or eves may extend into side setbacks.
Should two or more adjoining building sites be owned by the same or substantially the same Owner
or Owners and said lots shall not contain an easement between the two Lots, said Owner or Owners
shall be permitted to erect a structure across the building site lines common to the sites owned by
said Owner or group of Owners, and such construction shall not be considered to be in violation of
the side or rear setback restrictions described above, so long as such improvements or structures are
Spring Creek Terrace Covenants Page 19 of 26
determined to consist of one continuous building, which determination shall be in the sole good faith
discretion of the Committee. Except as expressly approved in writing by the Committee, the
immediately preceding sentence shall in no way affect or change the side or rear setback lines
hereinabove set forth and these setback lines shall continue to apply to any building site or a group
of building sites under the same or substantially the same ownership. For the purpose of these
restrictions, the front of each Lot shall coincide with and be the property line having the smallest
dimension abutting a street. Each Living Unit will face the front of the Lot, and will be provided
with driveway access from the front of the Lot only; except that garages on the corner Lots may face
the side street. No dwelling shall be located on any Lot within any utility easement.
(a) Location of Accessory Buildings on a Lot. The following requirements are applicable
to accessory buildings to a residential structure:
Number Permitted: 1
Maximum Height: 20 feet
Placement: Rear Yard Only
Setbacks: Side Street - 15 feet
Interior Side Yard - 5 feet
Rear Yard - 5 feet
Rear Yard Coverage -35 percent
Section 6. Metal Buildings. No metal buildings of any type shall be placed or
constructed upon any Lot.
Section 7. Roof Material. Roof of all residences shall be constructed so that the exposed
material is of a dimensional material and grade that complies with the FHA and VA guidelines in
force on the date of construction of the roof involved, and of a color acceptable to the Committee.
Section 8. Driveways. Unless the Committee agrees otherwise, each Lot shall have
driveway access of concrete to the street on which the Living Unit constructed thereon faces and
shall not have driveway access to a street on which it may side. Subject to the foregoing limitation,
the Owner of each Lot shall construct and maintain at his expense a driveway from his garage to an
abutting street, including the portion of the street right -of -way. The Owner shall repair at his
expense any damage to the street occasioned by connecting the driveway thereto.
Section 9. Sidewalks. The sidewalks shall extend the full width of the Lot to the street
curb at the corner. The sidewalk shall be constructed in accordance with specifications promulgated
by the controlling jurisdiction, if any, or by the Committee if there is no controlling jurisdiction.
Section 10. Curb Ramps. If required by applicable federal, state or local jurisdiction,
curbs with accompanying sidewalks shall have curb ramps (depressions in the sidewalk and curb)
at all crosswalks to provide safe and convenient movement of physically handicapped persons
confined to wheelchairs. Such curb ramps will be provided at the time of construction of any
sidewalks and shall be constructed in accordance with specifications provided by the applicable
governmental authority.
Section 11. Sight Areas. No fence, wall, hedge or shrub planting which obstructs sight
lines at elevations between two and six feet above the street shall be permitted to remain on any
comer Lot within the triangular area formed by the two (2) Lot lines abutting the streets and a line
Spring Creek Terrace Covenants Page 20 of 26
connecting them at points twenty -five (25) feet from their intersection or within the triangular area
formed by the Lot line abutting a street, the edge line of any driveway or alley pavement and a line
connecting them at points ten (10) feet from their intersection.
Section 12. Screening Fences. All lots shall have a fence that shall be constructed of
wood, not to exceed 6 feet in height and will be constructed with the finished side facing outward
from each Lot to the street enclosing the back yard behind each home. No fence will be allowed to
be placed closer to the street than the front corners of the residence constructed on such Lot.
However, decorative fencing may be used in the front yard of model homes. Such fencing shall be
removed immediately upon termination of the home as a model. The erection of chain link fences
is prohibited. All fences must comply with regulations and ordinances promulgated by the local
jurisdiction.
Section 13. Swimming Pool Fences. All swimming pools must be enclosed by a fence
at least 60 inches in height with a self closing gate.
Section 14. Exterior Antennas. Without the prior written approval of the Committee, no
exterior television antenna, television satellite reception disc or radio antenna of any sort shall be
placed, allowed or maintained upon any portion of the improvements and structures to be located
in the Subdivision or upon any Lot, other than one conventional television antenna, which antenna
must be erected in such a manner so that it is not visible from the street. No permitted antenna shall
exceed ten feet in height.
Section 15. Temporary Structures. No structures of a temporary character, including tents,
shacks, barns, or other outbuildings shall be placed on any Lot located within the Subdivision except
for such temporary buildings utilized by the Declarant or the builder or any residence during the
period of construction. Trailers and motor vehicles shall not be used on any Lot at any time as a
residence, either temporarily or permanently.
Section 16. Air Conditioners. No window or wall type air conditioners visible from the
street shall be permitted, except as may be used temporarily in the sales or construction offices of
a builder.
Section 17. Mailboxes and Identifying Numbers. Mailboxes, house numbers and similar
matter used in the Subdivision must be harmonious with the overall character aesthetic appeal of the
community and the decision of the Committee that any such matter is not harmonious shall be final.
Section 18. Private Utility Lines. All electrical, telephone and other utility lines and
facilities, which are located on a Lot, and are not owned by a governmental entity or a public utility
company shall be installed in underground conduits or other underground facilities unless otherwise
approved in writing by the Committee.
Section 19. Solar Collectors. No solar collectors shall be installed without the prior
written approval of the Committee. Such installation shall be in harmony with the design of the
residence. Whenever reasonably possible, solar collectors shall be installed in a location that is not
visible from the pubic street in front of or to the side of any residence.
Section 20. Landscaping, Maintenance of Lawns. Plantings and Trees. Sprinkler systems
and landscaping may be installed after completion of each Single Family Residential Dwelling,
Spring Creek Terrace Covenants Page 21 of 26
however, each Single Family Residential Dwelling shall have the front yard completely sodded with
Bermuda, buffalo grass or St. Augustine that is in good condition after completion. Each Owner
shall keep all shrubs, trees, lawns, grass and plantings of every kind on such Owner's Lot cultivated,
adequately watered and maintained, pruned and free of trash and other unsightly material. Each
Owner shall trim and edge the grass along all driveways and sidewalks as often as may be required
to maintain a clean, neat appearance. The Association and/or the Architectural Control Committee
may adopt rules regulating landscaping permitted and required. In the event that any Owner shall
fail to install and maintain landscaping in conformance with such rules or shall allow his landscaping
to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Association upon fifteen
(15) days prior written notice to such Owner, shall have the right to correct such condition and to
enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly
reimburse the Association for the cost thereof. Such cost shall be an assessment and shall create a
lien enforceable in the same manner as other assessments as set forth in this Declaration. Vacant
Lots shall be mowed and maintained in appearance by the Owner.
Section 21. Lighting. Outdoor lighting shall be installed so as to not direct excessive,
bright illumination into adjacent or neighboring residences. Individual lot street lighting, if any, shall
consist of a uniform light standard as specified and described by the Architectural Control
Committee, on each residential Lot, supplied by each Owner and on a photocell or automatic time
clock, connected to individual Homeowner meter, such light, as location, style, size, and type, shall
be installed at time of construction of each Single Family Residence and shall be subject to the
approval of the Architectural Control Committee. No holiday or occasion lighting or decorations
shall be installed earlier than thirty (30) days prior to occasion and must be removed no later than
twenty (20) days after the event.
Section 22. Recreational Equipment. All playground and/or recreation equipment must
be placed in the back yard unless otherwise approved by the Architectural Control Committee in
writing before construction begins or such placement of the playground or recreational equipment
on the Lot in the Subdivision.
ARTICLE XV
MANAGEMENT AGREEMENTS
Each Owner hereby agrees to be bound by the terms and conditions of all management
agreements entered into by the Association for the management of the Common Area and the
facilities located thereon. A copy of all such agreements shall be available to each Owner. Any and
all management agreements entered into by the Association shall provide that the Association may
cancel said management agreement by giving the other party thirty (30) days written notice when so
authorized by the vote of a majority of the membership votes in the Association entitled to be cast
at a meeting of the members or otherwise. In no event shall such management agreement be
canceled prior to the time the Association or its Board of Directors negotiate and enter into a new
management agreement which is to become operative immediately upon the cancellation of the
preceding management agreement. It shall be the duty of the Association or its Board of Directors
to effect a new management agreement prior to the expiration of any prior management contract.
Any and all management agreements shall be for a term not to exceed one (1) year and shall be made
with a professional and responsible party or parties with proven management skills and experience
managing a project of this type.
Spring Creek Terrace Covenants Page 22 of 26
ARTICLE XVI
EASEMENTS
Section 1. General. Declarant shall have the right to grant, convey, dedicate or reserve
easements over, on or under any part of the land the Subdivision for streets and/or for electric light
and power, telephone, natural gas, water, sanitary sewer, storm sewer, cable television, and other
utility lines and facilities by separate recordable, document for a period of ten (10) years after the
date this Declaration of Covenants, Conditions and Restrictions is filed of record in the Official
Public Records of Real Property of Brazos County, Texas, regardless of whether at such time
Declarant has title to the land within the easement(s). Thereafter, the Association shall have the
power and authority to grant such an easement upon the vote of a majority of the membership votes
entitled to be cast at any meeting of the Members of the Association or otherwise. An easement is
also specifically granted to the United States Post Office, its agents and employees to enter upon any
portion of the Subdivision in performance of mail delivery or any other United States Post Offices
services. An easement is also granted to all police, fire protection, ambulance and similar persons
to enter upon any portion of the Subdivision in performance of their duties. Further, an easement
is hereby granted to the Association, its officers, agents, employees, and to any management
company duly selected by the Association, to enter in or cross over the Common Area and/or any
Lot to perform the duties maintenance and repair as provided for herein. The easements provided
for in this Article shall in no way affect any other recorded easements covering any portion of the
Subdivision.
Section 2. Underground Electric Service. Underground single -phase electric service may
be available to all dwellings or structures located in the Subdivision. In such event, the metering
equipment shall be located either on the exterior surfaces or walls of dwellings or structures or at
points to be designated by the utility company. The utility company shall have a ten -foot wide
underground easement along and centered on the underground electrical power service conductor
installed and running from the utility company's easement shown on the recorded Plat of the
Subdivision to the designated point of service on the dwelling or structure. This easement shall be
for the maintenance of its conductors and metering equipment. For so long as such underground
service is maintained, the electrical service to each dwelling and structure located in the Subdivision
shall be uniform and exclusively of the type known as single phase, 120/240 volt, 3 wire, 60 cycle
alternating current. This ten -foot easement for underground electrical service may be crossed by
driveways, walkways and patio areas, provided the Declarant or builder makes prior arrangements
with the utility company furnishing such service. However, this easement shall be kept clear of all
buildings. Neither the Declarant nor the utility company using this easement shall be liable for any
damage done by either of them or their assigns, their agents, employees or servants to shrubbery,
trees, flowers or other improvements located on the land covered by such easement. Further, all of
the Subdivision shall be subject to such easements, restrictions, covenants and conditions as are
required to be imposed against the Subdivision by Declarant in any agreement entered into with any
utility company for the delivery of underground electrical service to the Subdivision (the "Utility
Easement "). Accordingly, the recordation of any such Utility Agreement in the Official Public
Records of Real Property of Brazos County, Texas, shall constitute an amendment to the Declaration
that includes in this Declaration and imposes against the Subdivision any all easements, restrictions,
covenants and conditions required under said Utility Agreement.
Section 3. Cable Service. Declarant reserves the right to hereafter enter into a franchise
or similar type agreement with one or more cable television companies and Declarant shall have the
right and power in such agreement or agreements to grant such cable television company or
Spring Creek Terrace Covenants Page 23 of 26
companies the uninterrupted right to install and maintain communications cable and related ancillary
equipment and appurtenances within the utility easements or rights -of -way reserved and dedicated
herein and in the Plat referenced above. Declarant agrees to transfer and assign any such agreement
to the Association and Declarant does hereby reserve unto the Association the sole and exclusive
right to obtain and retain all income, revenue and other things of value paid or to be paid by such
cable television company or companies pursuant to any such agreements between Declarant or the
Association and such cable television company or companies.
ARTICLE XVII
ANNEXATION
Additional residential property and Common Area may be annexed into the jurisdiction of
the Association upon the favorable vote of two - thirds (2/3) of the membership votes entitled to be
cast by each membership class at a meeting of the member or otherwise; provided, however, that the
additional residential property or Common Area that is a part of a General Plan, (phase 2 containing
20 residential) Lots may be annexed by the Declarant without approval by members of the
Association. Additional residential property or Common Area that is a part of and consistent with
the General Plan may be annexed by the Declarant without approval by members of the Association.
Annexation of additional property to this Subdivision shall encumber said property with all of the
covenants, conditions, restrictions, reservations, liens and charges set forth in this Declaration of
Covenants, Conditions and Restrictions and shall become to a Subdivision or a planned effective on
the date an instrument signed and acknowledged by the Owner of said annexed property and the
appropriate annexing authority (either Declarant or the Association), is filed for record in Brazos
County, Texas, evidencing the annexation. Each such instrument evidencing the annexation of
additional property shall describe the portion of the property comprising the Lots and Common Area.
The funds resulting from any assessment, whether annual or special, levied against any property
hereinafter annexed to the Subdivision may be combined with the funds collected from the Owners
of Lots in the Subdivision and may be used for the benefit of all property and all Owners in the
manner herein above provided.
ARTICLE XVIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by reason of the provisions contained in this Declaration of
Covenants, Conditions and Restrictions. Failure of the Association or any Owner to enforce any of
the provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Duration and Amendment. The covenants, conditions, restrictions,
reservations, liens and charges set forth in this Declaration shall run with the land and shall be
binding upon and inure to the benefit of the Association, all Owners, their respective legal
representatives, heirs, successors and assigns for a term of forty (40) years from the date this
Declaration of Covenants, Conditions and Restrictions is filed with the County Clerk of Brazos
County, Texas, for recordation in the Official Public Records of Real Property of Brazos County,
Texas, after which time said covenants, conditions, restrictions, reservations, liens and charges shall
be automatically extended and renewed for successive periods of ten (10) years each, unless prior
to said renewal date an instrument signed and acknowledged by the then Owners of not less than
two - thirds (2/3) of the total number of Lots in the Subdivision is filed for record with the County
Spring Creek Terrace Covenants Page 24 of 26
Clerk of Brazos County, Texas, altering, rescinding or said covenants and restrictions in whole or
in part as of said renewal date. Notwithstanding anything to the contrary herein contained, it is
expressly understood and agreed that the Owners of two- thirds (2/3) of the total number of Lots in
the Subdivision shall always have the power and authority to amend this Declaration and such
amendment shall become effective on the date an instrument, signed and acknowledged by the then
Owners of not less than two - thirds (2/3) of the total number of Lots in the Subdivision is filed for
record in Brazos County, Texas, so amending said Declaration of Covenants, Conditions and
Restrictions. In addition, Declarant shall have the right any time and from time to time, without the
joinder or consent of any other party, to amend this Declaration of Covenants, Conditions and
Restrictions by any instrument in writing duly signed, acknowledged and filed for record in the
Official Public Records of Real Property of Brazos County, Texas, for the purpose of correcting any
typographical or grammatical error, ambiguity or inconsistency appearing herein, or for the purpose
of complying with any statute, regulation, ordinance, resolution or order of the Federal Housing
Administration, the Veterans Administration, or any federal, state, county, or municipal governing
body, or any agency or department thereof; provided that any such amendment shall be consistent
with and in furtherance of the general plan and scheme of development as evidenced by this
Declaration of Covenants, Conditions and Restrictions and any Supplemental Declarations taken
collectively, and shall not impair or affect the vested property rights of any Owner or his mortgagee.
Section 3. Canvassing. Where this Declaration of Covenants, Conditions and
Restrictions requires that an instrument be executed by a certain percentage or number of the
Members or Owners, such instrument may be circulated among the Members or Owners by a
door -to -door canvass and need not be presented at any meeting of the Members or otherwise,
provided the Board of Directors of the Association is notified in writing by certified mail, return
receipt requested, of the fact that an action is contemplated by a canvassing of the Members or the
Owners.
Section 4. Severability. If any provision of this Declaration of Covenants, Conditions
and Restrictions or the application thereof to any person or circumstance shall, for any reason or to
any extent, be invalid or unenforceable, neither the remainder of this Declaration of Covenants,
Conditions and Restrictions nor the application of such provision to other persons or circumstances
shall be affected thereby, but shall be enforced to the fullest extent permitted by law.
Section 5. Gender and Number. Whenever used, the singular number shall include the
plural, the plural singular, and the use of any gender shall be applicable to all genders.
Section 6. Headings. The paragraph entitlements hereof are inserted for convenience of
reference only and shall in no way alter, modify or define, or be used in construing the text of such
paragraphs.
Spring Creek Terrace Covenants Page 25 of 26
SIGNED to be effective on the date stated above.
PIL INVESTMENTS, L C
A
Gerry G. . e, Manager
w (1 3'
e5��
: 6,
C. Wall, II, Manager
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the (i day of Ak
by GERRY GAMBLE, Manager and J.C. WALL, II, Manager of PIL INVESTMENTS, LLC., a
Texas limited liability company, on behalf of said company and in the capacity herein stated.
•
te hit
or putt wM C LiPSEY NOTAR "UBL State of Texas
* � * NOTARY PUBLIC
d>. �, STATE OF TEXAS
4.
1 'O MY COMM. EXR MAY 1, 2012
Spring Creek Terrace Covenants Page 26 of 26