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HomeMy WebLinkAboutCovenants and Restrictions Doc OR Vol 6g V 00846489 OR 5885 66 ,\,/) . , . :•.. • SUPPLEMENTARY DECLARATION OF EASEMENTS, RESTRICTIONS, AND COVENANTS FOR PHASE 9B OF 4„ ;. s '• �; r ; THE PEBBLE CREEK DEVELOPMENT • • • • • ' • Doc Bk Vol Pg 00846489 OR 5885 67 SUPPLEMENTARY DECLARATION OF § UNITED STATES OF AMERICA EASEMENTS, RESTRICTIONS, AND § COVENANTS FOR PHASE 9B OF THE § COUNTY OF BRAZOS PEBBLE CREEK DEVELOPMENT § STATE OF TEXAS This Supplementary Declaration is made as of the th day of February, 2004 by Pebble Creek Development Company, a Texas Corporation, hereinafter referred to as the "Declarant ", represented herein by its President, Davis M. Young. The address of the Declarant is 4500 Pebble Creek Parkway, College Station, TX 77845. WHEREAS, Declarant declares that it is the owner of certain real property situated in Brazos County, Texas, described as set forth on Exhibit "A" annexed hereto and made a part hereof (said property being hereinafter sometimes referred to as the "Exhibit A Property"); and WHEREAS, Declarant has recorded the "Declaration" (as hereinafter defined) in the Records of the County Clerk of Brazos County, Texas, subjecting the Exhibit "A" Property to all of the terms and conditions of the Declaration; and WHEREAS, Declarant further declares that it desires that the Exhibit A Property, together with other real property in the same general area which may subsequently be associated with the Exhibit A Property for a similar purpose, be owned, held, sold, conveyed, transferred, leased, mortgaged, occupied, maintained, altered 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 mix of single family residential dwellings pursuant to a common and general plan for the benefit of Declarant and subsequent owners and occupants of such properties in order to protect and enhance the quality, value and desirability thereof; and NOW THEREFORE, Declarant further declares that the Exhibit A Property shall be held, transferred, sold, conveyed, leased, occupied and used subject to the following reservations, restrictions, covenants, charges, liens, and easements which are for the purpose of protecting the value and desirability of and which shall run with title to the real property made subject to the Declaration and this Supplementary Declaration, and which shall be binding on all parties having any right, title or interest in the immovable property made subject to this Declaration or any portion thereof, and their respective heirs, successors, successors -in- titles, assigns, and shall inure to the benefit of each owner thereof and where provided herein, shall benefit the property on which the Pebble Creek Development is located. 1. DEFINITIONS as used herein, the following terms shall have the following meanings: 1.1 Association shall mean that automatic membership; Texas non -profit corporation made up of those persons defined as "Owners" in the Declaration, and called the Pebble Creek Owners Association, Inc. 1.2 Board shall mean the Board of Directors of the Association. 1.3 Commercial Builder shall mean the Owner of an unimproved Lot who holds title for the purpose of building improvements thereon, and the subsequent sale or rental for occupancy. 1.4 Common Area shall mean all real property (including but not 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 Owners and occupants of Lots and Units. 1.5 Community shall mean Phase 9B of the Pebble Creek Development according to the plats (collectively, the "Plat ") of such subdivision recorded in the Office of the County Clerk of Brazos County, Texas, as amended from time to time. 1.6 Declarant shall mean Pebble Creek Development Company and its successors and assigns. A person or entity shall be deemed a successor and assign of Pebble Creek Development Company, as Declarant only if such person or entity is specifically designated in a duly recorded instrument as a successor and assign of Declarant under this Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in such written instrument. However, a successor to Pebble Creek Development Company, by consolidation or merger shall automatically be deemed a successor or assign of Pebble Creek Development Company, as Declarant under this Declaration. 1 Doc Bk Vol Pg .. 00846489 OR 5885 68 1.7 Declaration shall mean (i) that certain Declaration of Easements, Restrictions, and Covenants for The Pebble Creek Development recorded in Volume 1225, Pages 1 through 31 in the Office of the County Clerk of Brazos County, Texas, and (ii) any amendments thereto, including any Supplementary Declarations imposing restrictions, easements, or covenants against this Community. 1.8 Governing Documents shall mean (i) in the case of the Association, the Declaration, the Supplementary Declarations, if any, other than this Supplementary Declaration, and the Articles of Incorporation and By -Laws of the Association, as the same may be amended from time to time and filed of record, if applicable, and (ii) in the case of the Community, this Supplementary Declaration as the same may be amended from time to time and filed of record, if applicable. In the event of conflict or inconsistency between an Association Governing Document and a Community Governing Document, the Association Governing Document shall control to the extent permitted by Law. If, however, a Community Governing Document is more restrictive than an Association Governing Document with respect to the permitted use of Lots or Units, then the Community Governing Document shall control. One Governing Document's lack of a provision in respect of a matter for which provision is made in another Governing Document shall not be deemed a conflict or inconsistency between such Governing Documents. 1.9 Improvements shall mean all structures and any appurtenances thereto of every type or kind, including, but not limited to, buildings, out - buildings, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structures, additions, walkways, bicycle trails, sprinkler pipes, garages, carports, roads, driveways, parking areas, screening, walls, retaining walls, stairs, decks, fixtures, windbreaks, poles, signs, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, exterior lighting, recreational equipment and facilities, and Landscaping which is visible from land within the Pebble Creek Development, other than the Lot, Unit or land within the Pebble Creek Development on which the landscaping is located. 1.10 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. 1.11 Member shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the Association. 1.12 Notice shall mean the form of notice provided by law, from time to time, for meetings of members of Texas non- profit corporations; provided that, if more than one Member is the Owner of a Lot or Unit, notice to one such Owner whose designation by the other Owner of such Lot or Unit for that purpose has been given to the Association (with the most recent notification controlling) shall constitute notice to all such Owners. 1.13 Owner shall mean the Person, including the Declarant, or if more than one, all Persons collectively, who hold fee simple title of record to a Lot or Unit in the Pebble Creek Development, including sellers under executor contracts of sale and excluding buyers there under. 1.14 Reimbursement Assessment shall mean the assessment levied against an Owner by the Association pursuant to Section 8.16 of the Declaration. 1.15 Pebble Creek Development shall mean all of the real property which is currently subject to the Declaration and any other real property, which hereafter becomes subject to the Declaration. 1.16 Supplementary Declaration shall mean this instrument, as the same may be amended from time to time and filed of record. 1.17 Unimproved Lot shall rnean a Lot upon which no building has been substantially completed for use. 1.18 Unit shall mean (i) a Lot improved by a single family dwelling, or (ii) a portion of a building designated for separate ownership having delineated boundaries and located on an improved Lot, or (iii) a portion of an Unimproved Lot which at a given time has delineated boundaries for separate ownership. 2 Doc OR 5885 69 2. SUBJECT PROPERTIES 2.1 Existing Properties. The real property which, as of the date of this Supplementary Declaration, is and shall hereafter be owned, held, transferred, sold, conveyed, leased, mortgaged, used, occupied, maintained, altered and improved subject to this Supplementary Declaration is the Exhibit A Property. This Community is subject to the jurisdiction of a "Community Association" (as defined in the Declaration). 2.2 Annexation by Supplementary Declaration. " Annexable Land" (as defined in the Declaration) shall become part of this Community, effective upon the recordation in the Office of the County Clerk of Brazos County, Texas, a Supplementary Declaration meeting the requirements hereinafter set forth, pursuant to the provisions of Section 6.1. A Supplementary Declaration (a) shall be executed and aclarowledged by the Owner(s) of the Annexable Land described therein; (b) shall, if the Annexable Land is not then owned by Declarant, contain the executed and acknowledged written consent of the Declarant for so long as the Declarant owns any property within the Annexable Land and has the power to annex additional property into the Community; (c) shall contain an adequate description of such Annexable Land; (d) shall contain a reference to this Supplementary Declaration (and any amendments thereto) which shall state its date of recordation and recording information; (e) shall state the land classification (residential, commercial or other classification) of such Annexable Land is declared to be part of the Community under this Supplementary Declaration and that such Annexable Land shall be subject to this Supplementary Declaration; and (f) shall state whether such Annexable Land is or is not subject to the jurisdiction of a "Community Association" (as defined in the Declaration). Additionally, such Supplementary Declaration may provide for phased annexation so that portions of such Annexable 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 anothcr person, may constitute a Supplementary Declaration if it meets the foregoing requirements, as applicable. A Supplementary Declaration may impose upon such Annexable Land described therein covenants, conditions, restrictions, limitations, reservations, exceptions and casements in addition to the provisions set forth in this Supplementary Declaration, taking into account the unique and particular aspects of the proposed development of such Annexable Last; provided, however, in no event shall any Supplementary Declaration revoke, modify or amend the covenants or restrictions established by this Supplementary Declaration or any other supplementary declaration for any other property comprising a part of the Community or revoke (so as to terminate) the provisions of the covenants or restrictions established by this Supplementary Declaration as to such Annexable Land. This Supplementary Declaration is hereby established as part of, pursuant to and in furtherance of a common and general plan of the Declaration for the improvement and sale of land within this Community and for the purpose of enhancing and protecting the value, desirability and attractiveness of this Community. Declarant, for itself, its successors and assigns, hereby declares that the Community and each part thereof shall be known, held, transferred, conveyed, sold, leased, rented, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, and other provisions set forth in the Declaration and this Supplementary Declaration, for the duration thereof. 3. USE RESTRICTIONS The Lots and Units within this Community shall be held, used and enjoyed subject to the restrictions set forth in 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 in this Article 3. To the extent that any of the following restrictions are more restrictive than any similar restrictions in the Declaration, the restrictions in this Supplementary Declaration shall control. 3.1 Single- Familv Residential Construction. No building shall be erected, altered, or permitted to remain on any Lot or Unit other than one detached single family dwelling used for residential purposes only and not to exceed two and one half (2 1/2) stories in height and a private garage (or 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 number of stories. Except as hereinafter provided with respect to model homes, each residence shall have a fully enclosed garage for not less than two (2) cars, which garage is available for parking automobiles at all times. The garage portion of any model home (with written approval from the Developer) may be used by Builders for sales purposes, storage purposes and other related purposes. Upon (or prior to) the sale of said model home to the first purchaser thereof, the garage portion of the nodel home shall be converted to a fully enclosed garage with garage doors. As used herein, the term "residential purposes" shall be 3 • Doc Bk Vol Pg 00846489 OR 5885 70 construed to prohibit mobile homes or trailers being placed on said Lots or Units, or the use of said Lots or Units for duplex houses, condominiums, town houses, garage apartments, or apartment houses; and no Lot or Unit shall be used for business, educational, religious or professional purposes of any kind whatsoever, nor for any commercial or manufacturing purposes without written permission. No pemaanent structure of any kind or character shall ever be moved onto any Lot or Unit within said Development. Except as otherwise provided in Section 3.14, no portable buildings of any type or character shall be moved or placed upon any Lot or Unit. Prior to the commencement of the construction of any Improvements within the Community, such Improvements of every type and character, whether attached to or detached from the main residential structure or garage constructed on the Lots, must be approved by the Pebble Creek Architectural Control Committee ( "Architectural Committee ") in accordance with the provisions of the Declaration. 3.2 Designation of Lot Types. The dwelling units constructed within the hereinafter - designated sections of this Community shall conform to the minimum square footage requirements and set back requirements outlined herein. A. All setbacks are noted on the plat. B. Lots 23 through 37; Block 45; Pebble Creek Phase 9B shall have dwelling units with a minimum square footage of 2,800 square feet. If the Dwelling is more than one story in height, a minimum of 60% of the total square footage shall be on the ground floor. C. jots 1 through 5; Block 38 shall have dwelling units with a minimum square footage of 2,800 square feet. If the Dwelling is more than one story in height, a minimum of 60% of the total square footage shall be on the ground floor. D. All other lots will have dwelling units with a minimum square footage of 2,400 square feet. If the Dwelling unit is more than one story in height, a minimum of 60% of the total square footage shall be on the ground floor. 3.3 Composite Building Site. Any Owner of one or more adjoining Lots or Units (or portions thereof) may, with the prior written approval of the Architectural Committee, consolidate such Lots or Units or portions into one building site, with the privilege of placing or constructing Improvements on such resulting site, in which case the side 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 setback line of not Less than the minimum frontage of all Lots in the same block. In addition, the side lot utility easement, if applicable, must be abandoned or released in accordance with applicable law, and the Owner shall be responsible for the cost of relocating any utility lines and restoring the surface of any abandoned or relocated utility easements. Upon such abandonment or release and upon the receipt of written approval of the Architectural Committee, such resulting composite building sites shall thereupon be regarded as one (1) "Lot" for all purposes hereunder. Any such composite building site (or building site resulting from the remainder of one or more Lots having been consolidated into a composite building site) must contain not less than 10,000 square feet, except as otherwise provided by the Board. 3.4 Location of the Improvements upon the Lot or Unit No residential structure or any other Improvement shall be located on any Lot nearer to the front, rear, side or street -side Lot building line shown on the Plat or nearer to the property lines than the minimum building setback lines described in Section 3.2. For purposes of this Declaration, steps, screened porches (covered or uncovered), storage rooms, stoops, and servants' quarters, shall be considered as part of a residential structure or other Improvement. This covenant shall not be construed to permit any portion of a building foundation on a Lot to encroach upon an easement. The main residential structure on any Lot shall face the front of the Lot, except as otherwise approved in writing by the Architectural Committee. 3.5 Removal of Trees A. Unless located within ten feet (10') of a building or a recreational or parking facility, no Owner other than Declarant shall be entitled to cut, remove or mutilate any trees, shrubs, bushes or other vegetation having a trunk diameter of six (6 ") inches or more at a point of four feet (4') above ground level, without obtaining the prior written approval of the Architectural 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 promptly from any Lot, by the Owner of such Lot. 4 • Doc Ltk Vol Rg 00846489 OR 5885 71 B. Subject to the provisions of Section 3.5(A), above, all Owners, during their respective construction of a residence, are required to remove and haul from the Lot or Unit all tree stumps, trees, limbs, branches, underbrush and all other trash or rubbish cleared from the Lot or Unit for construction of the residence, construction of other improvements and landscaping. No burning is allowed on the Lot or Unit (unless written permission is granted therefore by the Association which permission may be withheld or withdrawn at any time and from time to time in the sole discretion of the Association) and no materials or trash hauled from the Lot or Unit may be placed elsewhere in the Pebble Creek Development or on land owned by Declarant whether adjoining the Pebble Creek Development or not. 3.6 Trash Care of Lots and Units During Construction of Residence. A. All Owners, during their respective construction of a residence, are required to place an approved trash receptacle on each lot to contain all debris and garbage associated with building construction. 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 other occupant of any Lot or Unit in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit, may trespass or otherwise enter upon (or 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 to secure compliance with this Supplementary Declaration, so as to place said Lot or Unit in a neat, attractive, healthful and sanitary condition, and may charge the Owner, Commercial- Builder or occupant of such Lot or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment. B. All Owners shall keep streets and street ditches free from trash, materials, and dirt. Any such trash, materials, or excess dirt or fill inadvertently spilling or getting into the streets or street ditch shall be removed, without delay, not less frequently than daily. C. No Owner or Contractor may enter onto a Lot or Unit adjacent to the Lot or Unit upon which he is building for purposes of ingress and egress to his Lot or Unit during or after construction, unless such adjacent Lot or Unit is also owned by such Owner, and all such adjacent Lots or Units shall be kept free of any trees, underbrush, trash, rubbish and/or any other building or waste materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit. 3.7 Concrete Washout. During construction on any Lot, each builder must coordinate with his cement contractor to conduct all cement washing only on the lot in which the construction is taking place or in a portable washout container. 3.8 Brick Requirements. Without the prior approval of the Architectural Committee, no residence shall have less than seventy five percent (75 %) brick construction on its exterior wall area. 3.9 Carports. No carports shall be erected or permitted to remain on any Lot or Unit without the express prior written approval of the Architectural Committee. 3.10 Walls, Fences and Hedges. The following restrictions shall apply to fences constructed on the Lots described below: A. All Lots Phase 9B: A 1" x 6" Dog Eared Cedar fence not exceeding six feet (6') in height and it shall be constructed; the fence must bc assembled with three (3) horizontal runners. In the fronts of all the lots and all lots that are perpendicular to the road there should be (3) three line stringers on the side -by -side cedar pickets, and the finished side must face the street. A cedar board will be placed flush with the top of the pickets; posts and top stringers with 1.5" of over hang to the front. Under the cap, a board will be placed parallel to the cap as trim. All other fencing requests will have to be approved by the Architectural Control Committee. B. Lot 16 & 17, Block 33; Pebble Creek Phase 9B The finished side of the fence on lots 16 & 17 must face Congressional Drive. The fence must be constructed 35 feet from the front property line to the rear property line. 5 • 00846489 OR 5885 72 C. Lot 11 & 12, Block 37; Pebble Creek Phase 9B The finished side of the fence on lots 11 & 12 must face Crooked Stick Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Crooked Stick Drive, the side fence shall be placed 5 feet off the property line. D. ,Lot 7. Block 45; Pebble Creek Phase 9B The finished side of the fence on lot 7 must face Congressional Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Congressional Drive, the side fence shall be placed 5 feet off the property line. E. Lot 14, Block 45: Pebble Creek Phase 9B The finished side of the fence on lot 14 must face Royal Adelade Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Royal Adelade Drive, the side fence shall bc placed 5 feet off the property line. F. Lot 20, Block 41; Pebble Creek Phase 9B The finished side of the fence on lot 20 must face Congressional Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Congressional Drive, the side fence shall bc placed 5 feet off the property line. G. Lot 22, Block 41; Pebble Creek Phase 9B The finished side of the fence on lot 22 must face Tumberry Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property Tine along Tumberry Drive, the side fence shall be placed 5 feet off the property line. H. Lots 23, 28, 29, & 37 Block 41: Pebble Creek Phase 9B The finished side of the fence on lots 23, 28, 29 & 37 must face Turberry Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Tumberry Drive, the side fcnce shall be placed 5 feet off the property line. I. Lot 14, Block 36; Pebble Creek Phase 9B The finished side of the fence on lot 14 must face Congressional Drive. The fence must be constructed 35 feet from the front property line to the rear property line. On the side property line along Congressional Drive, the side fence shall be placed 5 feet off the property line. J. Lot 15, Block 36; Pebble Creek Phase 9B The finished side of the fence must face the Park K. Lots 1 through 5 ;Block 38; Pebble Creek Phase 9B The finished side of the fence trust face the park. L. Only front yard access gates will be allowed. Side and rear access gates are not allowed in Pebble Creek Phase 9B. 3.11 Visual Obstruction at the Intersections of Streets. No planting or object which obstructs sight lines at elevations between two feet (2') and six feet (6) above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points twenty-five feet (25) from the intersection of the street property lines or extension thereof shall be placed, planted or permitted to remain 011 any comer Lots. 3.12 Air Conditioning Requirements. No window or wall type air conditioning units shall be permitted to be used, erected, placed or maintained in or on any building in any part of the Community. 3.13 Prohibition of Offensive Activities. Without expanding the permitted uses of the Lots and Units, no activity, whether for profit or not, shall be conducted on any Lot or Unit which is not related to residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot or Unit which may be or may become an annoyance or a nuisance (including, without limitation, defective or unreasonably loud security or fire alarm devices) to the Pebble Creek Development. This restriction is waived in regard to the customary sales activities required to sell homes in the Pebble Creek Development. No horn, whistle, bell or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot or Unit. Exterior speakers may be located, used or placed on a Lot or Unit provided that the use of such exterior speaker does not constitute a nuisance or annoyance. The Board shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance. Activities expressly prohibited, include, without limitation, (1) the performance of work on automobiles or other vehicles upon the Lot or Unit or in driveways or streeu abutting Lots or Units, (2) the use or discharge of firearms, firecrackers or other fireworks within the Community, (3) the storage of flammable liquids in excess of five gallons, or (4) other activities which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason of excessive danger, fire or explosion. As indicated above, no Lot or Unit in the Community shall be used for any commercial, educational, manufacturing, business or professional purposes, nor for church purposes. The renting or leasing of any residential dwelling is subject to the provisions of Section 3.35. No Lot or Unit or other portion of the Community shall be used or permitted for hunting or for the discharge of any pistol, rifle, shotgun, or any other firearm, or any bow and arrow or any other device capable of killing or injuring persons. 6 • Doc Bk Vol Rg M846489 OR 5885 73 . 3.14 Use of Temporary Structures. No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Lot or Unit at any time as a residence, or for any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Community as in its sole discretion may be necessary or convenient while selling Lots or Units, selling or constructing residences and constructing other Improvements within the Community. Such facilities may include, but not necessarily be limited to sales and construction offices, storage areas, model units, signs, and portable toilet facilities. Commercial- Builders and Contractors may, with the prior written approval of the Architectural Committee, exercise the rights reserved by Declarant in this Section 3.14. Any permanent or temporary structure exceeding 6 feet in height must submit plans to the Architectural Control Committee for review. 3.15 Storage of Vehicles or Equipment. No motor vehicle or non - motorized vehicle (including, without limitation, trucks and recreational vehicles), boat, trailer, camper, marine craft, machinery or equipment of any kind may be parked or stored for longer than ten (10) hours or on a semi - permanent or daily basis on any part of any Lot or Unit, private or public road or street, easement, right -of -way, or Common Area unless such vehicle or object (i) is completely concealed from 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) hour parking restriction and guest parking exception, there shall be no overnight parking on any road or street. Passenger automobiles, passenger vans, 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 exempt from the ten (10) hour parking restriction only as it pertains to parking of vehicles on the driveway portion of any Lot or Unit. No vehicle shall be parked in a yard or in the street or along the side of a street so that it blocks the flow of traffic. No vehicle may be repaired on a Lot or 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 temporarily parked and in use for the construction, repair or maintenance of (i) residential dwelling(s) or related Improvements in the immediate vicinity thereof or (ii) utility Improvements in Pebble Creek Development. 3.16 Animal Husbandrv. No animals, livestock, bees or poultry of any kind shall be raised, bred or kept on any Lot or Unit except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for commercial purposes and do not become a nuisance or threat to other Owners. No more than four (4) total animals shall be kept as household pets. No Owner shall permit any dog, cat or other domestic pet under his ownership or control to leave such Owner's Lot or Unit unless such pet is leashed and accompanied by a member of such Owner's household. 3.17 Lot and Unit Maintenance. A. All Lots and Units shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots and Units shall keep all weeds and grass thereon cut and shall in no event use any Lot or Unit for storage of materials or equipment except for normal residential requirements or incident to construction of Improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon. All yard equipment or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of adjacent Lots or Units, streets or other property. B. In the event of any default by the Owner or other occupant of any Lot or Unit in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit may trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit, to cut, or cause to be cut, such weeds and grass and remove, or cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance with this Supplementary Declaration, so as to place said Lot or Unit in a neat, attractive, healthful and sanitary condition, and may charge the Owner, Commercial - Builder or occupant of such Lot or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment. 3.18 Sins, Advertisements. Billboards. No sign, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any Lot or Unit in the Pebble Creek Development without the prior approval of the Architectural Committee and any such approval which is granted may be withdrawn at any time, in which event, the parties granted such 7 • Doc Bk Vo Pg 00846489 0 5885 74 permission shall immediately 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 in 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 structure which is placed on any Lot or Unit, and in doing so shall not be subject to any liability for trespass or any other tort in connection therewith or arising from such removal nor in any way be liable for any accounting or other claim by reason of the disposition thereof. 3.19 Maximum Height of Antenna. No radio or television aerial wire antennae or satellite- receiving dish shall be maintained on any portion of any Lot or Unit, except as may be approved by the Architectural Committee. No electronic device, which interferes with the television reception of the occupant of any other Lot or Unit, shall be permitted within the Community. 3.20 Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from any other Lot or Unit or street. 3.21 Solar Collectors. No solar collector shall be installed without 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 a location not visible from the public street in front of the residence. 3.22 Swimming Pools. No 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 sets of plans and specifications for the proposed swimming pool construction to be done on such Lot or Unit, including a plot plan showing the location and dimensions of the swimming pool and all related improvements, together with the plumbing and excavation disposal plan. The Architectural Committee's approval or disapproval of such swimming pool shall be made in the same manner as described in the Declaration hereof for other building improvements. The Owner shall be responsible for all necessary temporary erosion control measures required during swimming pool construction on said Lot or Unit to insure that there is no erosion into the streets, lakes, golf course or other Lots. Swimming pool drains shall be piped into the storm sewer drainage system. In no event shall swimming pools be drained or discharge water into the streets, lakes, golf course or other Lots. All swimming pools must be enclosed with a fence (whose design and composition is approved by the Architectural Control Committee) and must comply with ordinances of the city of College Station. There will be no above ground pools permitted in Pebble Creek Phase 9B. 3.23 Drying of Clothes in Public View. The drying of clothes in public view (whether from Common Areas [including streets], the Golf Course, other Lots or any other land within the Pebble Creek Development) is prohibited. 3.24 Garage and Garage Doors. Each dwelling unit shall have a fully enclosed garage to be constructed at the time of the main residence, and the garage shall be constructed to house not less than two nor more than four automobiles. No Owner shall be entitled to enclose a garage for residential use without plans and specifications having been approved by the Architectural Committee for a replacement garage. All garages must be constructed of materials that are compatible with the construction materials used in the primary dwelling. All roof materials must be of the same nature as the materials used on the main dwelling, and all exterior garage walls must be constructed of the same or similar material as the exterior of the main dwelling. All garages must be finished with sheetrock, taped and painted or other finish approved by the Architectural Committee. Garage doors visible from any street shall be kept in the closed position when the Owner or occupant is not using the garage. A. All homes in Phase 9B shall have garages that open to the side or rear of the lot, except that a garage may open to the front of the lot if (i) the front of the garage is set back at least twenty feet from 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 front building line (unless otherwise approved by the Architectural Committee). B. Lot 14, Block 45 Pebble Creek Phase 9B The garage door shall not face Royal Adelade Drive without permission from the Architectural Control Committee. C. Lot 7, Block 45, Pebble Creek Phase 9B The garage door shall not face Congressional Drive without permission from the Architectural Control Committee. 8 Doc Bk Vol Pg 00846489 OR 5885 75 D. Lot 20, Block 41, Pebble Creek Phase 9B The garage door shall not face Congressional Drive without permission from the Architectural Control Committee. E. Lots 11 & 12, Block 37. Pebble Creek Phase 9B The garage door shall not face Crooked Stick Drive without permission from the Architectural Control Committee. F. Lots 16 & 17. Block 33, Pebble Creek Phase 9B The garage door shall not face Congressional Drive without permission from the Architectural Control Committee. G. Lots 22, 23. 28, 29, & 37, Block 41, Pebble Creek Phase 9B The garage door shall not face Tumberry Drive without permission from the Architectural Control Committee. H. Lot 14, Block 36, Pebble Creek Phase 9B The garage door shall not face Congressional Drive without permission from the Architectural Control Committee. 3.25 Control of Sewage Effluent. No outside toilets will be permitted, and no installation of any type of device for disposal of sewage shall be allowed which would result in raw or untreated or unsanitary sewage being carried in the streets or into any body of water. 3.26 Residences and lmnrovements Damaged by Fire or Other Casualty. Any Improvements within the Community that are destroyed partially or totally by fire, storm, or any other casualty, shall be repaired or demolished within a reasonable period of time, and the Lot or Unit and Improvements thereon, as applicable, restored to an orderly and attractive condition. 3.27 Vehicles Permitted to Use Roads and Streets. A. The only motorized vehicles allowed on the roads and street easements in the Pebble Creek Development shall be (1) motor vehicles currently licensed and inspected for use on public highways or (2) golf carts with a current permit issued by the Pebble Creek Country Club; provided, however golf carts shall be operated in the Pebble Creek Development solely for purposes of access to and from the Pebble Creek Country Club. B. The use of non - licensed motor vehicles including, but not limited to, automobiles, trucks, motorcycles, dirt bikes, off -road vehicles and go -carts is expressly prohibited. C. Vehicles, regardless of type, may only be operated by individuals holding a current driver's license valid in the State of Texas or the state of such person's domicile. 3.28 Boats Prohibited on Lakes. No boats shall be permitted on any of the lakes within the Pebble Creek Development, except that boats operated by the Association or Country Club (or their respective contractors) may be used in connection with the maintenance of the lakes and removal of golf balls and other objects from the lakes. 3.29 Swimming Prohibited in Lakes. Swimunng in the lakes shall be prohibited at all times. 3.30 Landscaping. A. All front yards of all lots must, as a minimum requirement, be sodded with grass, irrigated and must have shrubs or other landscaping planted adjacent to the front of all Units constructed thereon to screen from view the foundation of such Units. 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 plant types and sizes shall first have been approved in writing by the Architectural Committee. All lots in Phase 9B, in addition to the established criteria, will be required to install or persevere minimum a total diameter of trees no less than nine inches in the front yard of each lot. All approved initial landscaping shall be completed not later than sixty (60) days after substantial completion of the dwelling, except for emergency situations as approved by the Architectural Committee. 1. Lots 16 & 17. Block 33; Pebble Creek Phase 9B are each required to install a flowerbed 30 feet in length along Congressional Drive. A plan will be provided with the landscaping guidelines and specifications. 2. Lots 11 & 12. Block 37; Pebble Creek Phase 9B are each required to install a flowerbed 30 feet in length along Crooked Stick Drive. A plan will be provided with the landscaping guidelines and specifications. 3. Lots 22, 23, 28, 29, & 37. Block 41 are each required to install a flowerbed 30 feet in length along Tumberry Drive. A plan will be provided with the landscaping guidelines and specifications. B. All landscaping installed by Owner shall comply with the landscape criteria ( "Landscape Criteria ") established by the Architectural Committee, as such Landscape Criteria may be amended from time to time. However, any 9 • Doc Bk Vol Pg 00846489 OR 5885 76 landscaping installed by the Owner which is approved by the Architectural Committee prior to the establishment of the Landscape Criteria or at any time after such Landscape Criteria is established shall be maintained by the Owner in a neat and attractive condition at all times. Any replacement landscaping which complies with the Landscape Criteria does not need to be approved by the Architectural Committee; however, an Owner may submit a landscape layout and plans for replacement landscaping to the Architectural Committee for approval by the Architectural Committee. C. The Architectural Committee shall, in its sole discretion and authority, determine whether the landscape layout and plans submitted 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 may require additional and/or different types of landscaping should the Architectural Committee deem it to be necessary. D. Each improved Lot shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to, at a minimum, the front yard, and, in the case of corner lots, any yard area facing the street. The sprinkler system for each Lot shall be designed and installed adequately the area (the "Curbside Area ") between the boundary of such lot and the curb of any street that immediately adjoins such lot. Each Owner of a Lot shall be responsible for the maintenance of the Curbside Area which immediately adjoins such lot, except to the extent such irrigation or maintenance is expressly undertaken by the Association. 3.31 Roofing. 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 any Lot or Unit. All roofs shall have prior written approval of the Architectural Committee prior to installation. Any other roofing materials shall require a written variance by the Architectural Committee. The minimum pitch on roofs shall be 8 to 12. The Architectural Committee must approve roof fans, attic fans, attic ventilators or other roof penetrations if any portion of the Improvement is visible from the front property line or golf course. 3.32 Driveways. Driveways shall be constructed entirely of concrete, exposed aggregate concrete or brick pavers. 3.33 Lighting. No exterior lighting may be constructed or installed on any Lot or Unit without the prior written approval of the Architectural Committee. (The Architectural Committee may require Post lamps at the street). 3.34 Minimum Slab Elevation. The slab elevation of all constructed dwelling units; garages and related Improvements shall not be less than three feet (3') above the 100 -year flood plain elevation of such Lot or Unit. Not more than one foot (1') of vertical surface of concrete slab of any Unit shall be exposed to view from any public view or adjacent Lots. 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. Any Unit with a pier and beam foundation shall have a mechanical, electrical, plumbing lines and fixtures located there under screened from view from any public street and adjacent Units. Any Unit with an elevated deck shall have its open space below such deck screened from public view and view from adjacent Units. The Architectural Committee, in its sole discretion, will determine the adequacy of any screening technique employed. 3.35 Rental and Leasing. Owners must notify the Association if their Lots or Units are leased or rented. Owners must also provide the Association with the name of the tenant, a copy of the lease and the current mailing address of the Owner. In no event, however, shall any rental or leasing be allowed except pursuant to a written agreement or form approved by the Association Board that affirmatively obligates all tenants and other residents of the Lot or Unit to abide by this Declaration, the Declaration, and the Rules and Regulations of the Association. 3.36 Unfinished Rooms. Substantially all rooms in all dwelling units, other than attics, must be finished in compliance with all applicable building code requirements. The Architectural Committee may allow for a few unfinished rooms as long as they appear from the exterior view to be complete. 3.37 Variances. The Architectural Committee may authorize variances from compliance with any of the provisions of this Supplementary Declaration or minimum 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, aesthetic, environmental, or other considerations which in the sole opinion of the Architectural Committee may require a variance. Such variances must be evidenced in writing and shall become effective when signed by the Declarant or by at least a majority of the members of the Architectural Committee. If any such variances are granted, no violation of the provisions of this Supplementary Declaration shall be deemed to have occurred with respect to the matter for which the variance is granted; 10 • Doc Bk Vol Pg 00846489 OR 5885 77 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 property and particular provisions hereof covered by the variance, nor shall the granting of any variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned and the Plat. 3.38 Dish Antennae. No electronic radio or television dish antennae or any other type of receiving or transmitting equipment shall be permitted on any Lot unless it is erected, placed, or mounted in such a manner that such antennae or other equipment are concealed completely from view from public or private streets or courtyards, and are otherwise acceptable to the Architectural Committee. 4. PROPERTY MAINTENANCE REGULATION 4.1 Exterior Maintenance of Improvements. In the event an Owner or occupant shall fail to maintain the hnpiovements on a Lot or Unit in accordance with the provisions of this Declaration and the construction guidelines of the Association or Architectural Committee, which default is continuing after thirty (30) days written notice thereof to the Owner or occupant, as applicable, then the Declarant or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit 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 shall constitute a Reimbursement Assessment 4.2 Entry Rights. The Association may enter upon any Owner's Lot or Unit at reasonable times to maintain the Common Area, to remove refuse and to provide the exterior maintenance permitted under this Article 4. Such right of entry shall include the right to use of the Owner's water, from an outside spigot in reasonable amounts, without compensation to the Owner, if used for maintenance on the Owner's Lot or Unit, or in the Common Area. This provision shall not be construed as authorizing entry into any completed Improvements located in the Community unless a clear emergency exists. 5. EASEMENTS 5.1 Easements. The Declarant reserves for public use the utility easements shown on the Plat or that have been or hereafter may be created by separate instrument recorded in the Office of the County Clerk of Brazos County, Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, gas lines, sewers, water limes, storm drainage (surface or underground), or any other utility the Declarant sees fit to install in, across and/or under the Property. All utility easements in the Community may be used for the construction of drainage swells or ditches in order to provide for improved surface drainage of any designated reserves, Common Area and/or Lots or Units. Notwithstanding anything to the contrary contained in the Section 5.1, no sewers, electrical lines, water lines, or other utilities may be installed on the Lots or Units except as initially approved in writing by the Declarant. 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 Control Transfer Date, without the jointer of any other Owner, shall have the right to grant such easement on said Lots or Units without conflicting with the terms hereof, provided that such easements do not unreasonably interfere with the Owner's use and enjoyment of such Lots or Units. Any utility company serving the Pebble Creek Development shall have the right to enter upon any utility easement for the purpose of the installation, repair and maintenance of their respective facilities. Neither Declarant, nor any utility company using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees and lawns or any other property of the Owner on the property covered by said easements. 5.2 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Declarant to any of the Lots or Units by contract deed or other conveyance shall be subject to any easement affecting same for roadways or drainage, water line, gas, sewer, stone sewer, electric lighting, electric power, telegraph or telephone purposes and any other easement hereafter granted affecting the Lots or Units. The Owners of the respective Lots or Units shall not be deemed to own pipes, wires, conduits or other service lines running through their Lots or Units which are utilized for or service other Lots or Units, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot or Unit. 5.3 Utility Easements A. No building shall be located over, under, upon or across any portion of any utility easement, however, the Owner of each Lot or Unit shall have the right to construct, keep and maintain concrete drives and similar Improvements 11 Doc OR Vol 58 78 across the utility easement along the front of the Lot or Unit and/or along the side of corner Lots or Units adjacent to street right -of -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 Lot or Unit also shall have the right to construct, keep and maintain driveways, walkways, steps and air conditioning units and equipment over, across or upon any utility easement along the side of such Lots or Units (the "Side Lot Utility Easement "), (other than along any Side Lot Utility Easement which is adjacent to a street right -of -way) and shall be entitled, at all times, to cross, have access to and use the Improvements located thereon, however, any such Improvements placed upon such Side Lot Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot or Unit subject to said Side Lot Utility Easements shall be responsible for (i) any repairs to the walkways, steps and air conditioning units and equipment which cross or are located upon such Side Lot Utility Easements and (ii) repairing any damage to said Improvements caused by the public utility or other beneficiary of such easements in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Side Lot Utility easements. C. The Owner of each Lot or Unit shall indemnify and hold harmless Declarant, the Association, and public utility companies having facilities located over, across or under utility easements from any loss, expense, suit or demand resulting from injuries to persons or damage to property in any way occurring, incident to, arising out of, or in connection with said Owner's installation, maintenance, repair or removal of any permitted Improvements located within utility easements, including where such injury or damage is caused or alleged to be caused by the sole negligence of such entities or their employees, officers, contractors, or agents. 6. ANNEXATION OF ADDITIONAL LAND 6.1 Further Development. Reference is hereby made to the fact that Declarant currently owns the Annexable Land as defined in the Declaration. It is currently contemplated by Declarant that portions of the Annexable Land will be developed in various stages or phases for residential purposes; however, the foregoing is only a current intentions and is subject to change without notice. It is also the present intention of Declarant that if such development occurs, mutual easements (including utility easements), licenses and rights may be granted for the benefit of the Association and Owners and the present and future owners and tenants owning or leasing improvements in any developments now or hereafter constructed on the Annexable Land. In order to effectuate such intentions, certain easements are herein retained and granted, and provision is made for certain rights to be granted to the Association or the Owners to acquire easements and rights with respect to current and future development on other Annexable Land. From and after the date hereof until the Control Transfer Date, Declarant shall retain and have the power, without the consent of any other Owner or the Association, to annex portions of the Annexable Land into the Community provided that the property so annexed is to be developed in a manner generally similar to the existing Lots and Units in accordance with a general plan of development under which (i) the architectural standards prevailing within the Community will be continued in such annexed property, (ii) the type of residential Improvements to be constructed in such annexed property will be similar in value and cost to one or more 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 portions of the Annexable Land into the Community after the Control Transfer Date, without the consent of any other Owner or the Association, provided that the first annexation proposed by Declarant subsequent to the Control Transfer Date is effected prior to the second annual anniversary of the Control Transfer Date, as extended by delays in development outside of the reasonable control of Declarant ( "Excusable Delays "), and any subsequent annexation proposed by Declarant is effected prior to the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land in to the Community, as extended by Excusable Delays. If Declarant desires to annex portions of the Annexable Land into the Community at any time after the second annual anniversary of the Control Transfer Date or the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land into the Community, Declarant shall be entitled to annex such Annexable Land into the Community with the written approval (by written instrument or written ballot) of the Class A Members holding not less than sixty -seven percent (67 %) of the voting power within the Community (exclusive of the voting power of 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 of the most 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 6.1 shall be made by filing a supplementary declaration or record with respect to the property to be annexed into the Community. 12 Doc Bk Vol Pg 00846489 OR 5885 79 6.2 Easements and Rights Presently Reserved. Declarant hereby reserves unto itself, its successors and assigns, a nonexclusive easement and right -of -way for ingress, egress and parking over, across and through all streets and roadways (private or otherwise) shown on the Plat, said easement and right -of -way to expire on the Control Transfer Date, if Declarant has not, prior to such date, annexed portions of the Annexable Land into the community. 6.3 Obligation to Grant Reciprocal Rights. Declarant may, from time to time, assign one or more of the easements set out in this Article 6 to such persons or entities as it desires, including but not limited to property owners' associations, but in no event to any person or entity that does not have an interest in a tract or parcel of land situated within the Annexable Land, it being intended that the right to use such easements be limited to parties residing on or using the Annexable Land or the Community, and their guests and invitees. No assignment of any such easement or easements shall be made unless concurrently therewith the parties, or representatives thereof, who are being granted such rights also grant to the Owners or the Association a reciprocal easement or casements with respect to any similar facilities, if any, owned by such parties and located on the Annexable Land, or any part thereof. Subject to all of the provisions of this Article 6, Declarant and its successors and assigns may make multiple nonexclusive assignments of the easements herein granted to it. 6.4 Allocation of Expenses. If any of the easements and rights granted by this Article 6 are assigned to other entities or persons in connection with the development of Improvements on the Annexable Land as set out in Section 6.2 above, all such assignments shall provide that the assignees there under shall bear their proportionate share of the costs of maintaining, using and operating the street, road, recreational facility or other facility, as the case may be, as to which such right is granted. Such sharing of costs and expenses shall be based upon the actual costs of ownership, operation and maintenance of the facility in question, and shall be borne prorata by all persons having the right to make use thereof based upon the number of applicable Lots and Units and Country Club memberships. The time of payment of such costs, and the methodology of ascertaining same, shall be specified in the instrument from Declarant or its successors and assigns to its assignee and shall be binding upon the Owners and the Association and such assignees provided that the cost allocation shall be based upon the basis as hereinabove provided or some other equitable basis. 6.5 Authority of the Board. The Board shall have, and is hereby granted, the necessary and requisite authority to enter into such cross - easement and cross -use agreements, or other agreements howsoever designated, as may be necessary to effectuate the intents and purposes of this Article 6. 6.6 Annexable Land. This Supplementary Declaration, including, without limitation, this Article 6, chall have no force or effect and shall not constitute any encumbrance with respect to the Annexable Land or any part thereof, unless and until portions of the Annexable Land are made subject to the jurisdiction of the Association by separate instrument executed solely by Declarant and any lien holders, 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 Annexable Land solely for purposes of describing certain reciprocal easements and other rights that may hereafter arise as between the Community and the Annexable Land and limiting the parties to whom the easements hereby reserved with regard to the Community may be assigned. No easements or rights are hereby granted or reserved as to the Annexable Land, and no easement or other right referred to in this Article 6 with respect to the Annexable Land or any part thereof shall be of any force or effect unless set forth 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 memorandum thereof, is hereafter recorded in the Office of the County Clerk of Brazos County, Texas. 7. GENERAL PROVISIONS 7.1 Severability. Invalidation in any one of the provisions of this Declaration shall not affect any other provision hereof, which shall remain in full force and effect. 7.2 Term. The provisions of this Supplementary Declaration shall constitute covenants mmning with the land and shall be binding upon all future Owners, transferees and lessees thereof, and their successors and assigns, for a term of forty (40) years from the date of this Supplementary Declaration, after which time the provisions of this Supplementary Declaration automatically shall be extended for up to three (3) successive periods of ten (10) years each unless terminated as provided in Section 7.4. 7.3 Re- subdivision. In the event that any Lot or Unit is re- subdivided or submitted to a condominium regime, the plan of re- subdivision or condominium plat filed in the Office of the Country Clerk of Brazos County, Texas shall make specific reference to this Supplementary Declaration, but its failure to do so shall not affect the applicability of the provisions hereof to any such Lot or Unit. 13 • 0084648'9 OR 5885 80 9 7.4 Amendment by Members. This Supplementary Declaration may be amended or changed, in whole or part, at any time within forty (40) years of the date of this Supplementary Declaration by a written instrument signed by those Members (including the Declarant) in the Community holding not less than sixty-seven percent (67 %) of the total votes of each class of Members in the Community; and, thereafter, by a written instrument signed by those Members (including the Declarant) in the Community holding not less than fifty percent (50 %) of the total votes of each class of Members in the Community. If the Declaration is amended by written instrument signed by the requisite number of Members of this Community, such amendment must be approved by said Members within three hundred sixty-five (365) calendar days of the date the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prima facia evidence of the date of execution of said amendment by such Member. Those Members (including the Declarant) of this Community entitled to cast not less that the required number of all votes of the Members of the Community may also vote to amend this Declaration, in person or by proxy, at a meeting of the Members in the Community (including the Declarant) duly called for such purpose, written notice of which shall be given to all such Members at least ten (10) days and not more than sixty (60) days in advance and shall set forth the purpose of such meeting. Notwithstanding any provision contained in the Association By -Laws to the contrary, a quorum, for purposes of such meeting, shall consist of not less than seventy percent (70 %) of all of the Members of this Community (in person or by proxy) entitled to vote. Any such amendment shall become effective when an instrument is filed for record in the Office of the County Clerk of Brazos County, Texas, accompanied by a certificate, signed by a majority of the Board, stating that the required number of Members of this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose. Copies of the written ballots pertaining to such amendment shall be retained by the Association for a period of not less than three (3) years after the date of filing of the amendment. 7.5 Amendment by the Declarant. The Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer Date, without the jointer or consent of any Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammatical error, oversight, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Supplementary Declaration and the Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his mortgagee. Additionally, Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer Date, without the jointer or consent of any Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits from technological advances, such as security, communications or energy- related devices or equipment which did not exist or were not in coumon use in residential subdivisions at the time this Declaration was adopted. Likewise, the Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer Date, without the jointer or consent of any Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of prohibiting the use of any device or apparatus developed and/or available for residential use following the date of this Supplementary Declaration if the use of such device or apparatus will adversely affect the Association or will adversely affect the property values within the Community. 7.6 Declarant's Rights and Prerogatives. Prior to the Control Transfer Date, the Declarant may file a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for the Declarants (i) discontinuance of the exercise of any right or prerogative provided for in this Supplementary Declaration to be exercised by the Declarant or (ii) assignment to any third pasty owning property in the Pebble Creek Development, or to the entity owning the Country Club, of one or more of Declarants specific rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The assignee designated by Declarant to exercise one or more of Declarants rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier to occur of the (a) Control Transfer Date or (b) date that said assignee files a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for said Assignee's discontinuance of the exercise of said right or prerogative. From and after the date that the Declarant discontinues its exercise of any right or prerogative hereunder and/or assigns its right to exercise one or more of its rights or prerogatives to an assignee, the Declarant shall not incur any liability to any Owner, the Association or any other party by reason of the Declarants discontinuance or assignment of the exercise of said right(s) or prerogative(s). 7.7 Disclaimer for Errant Golf Balls. Land subject to this Declaration is intended for development as a balanced, planned community, including residential, commercial, golf course and country club, public and other uses. From time to time, Owners of Lots or Units may be subject to the stray ingress and egress of golf balls from people playing golf nearby. Specific easements are granted for such unavoidable ingress and egress, and Owners may not hold liable any planner, developer, constructor, or any other person for any injury or damage whatsoever caused by such golf balls. 14 • Doc OR 9 58851 81 7.8 Gender. 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 Headings. The headings and any table of contents contained in this Supplementary Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 7.10 Declarant's Rights to Complete Development of Community. No provision of this Supplementary Declaration shall be construed to prevent or limit Declarants right or require Declarant to obtain any approval to (i.) complete development of the property within the boundaries of the Community; (ii) construct, alter, demolish or replace Improvements on any property owned by Declarant within the Community; (iii) maintain model homes, storage areas, offices for construction, initial sales, resells or leasing purposes or similar facilities on any property owned by Declarant or owned by the Association within the Community; (iv) post signs incidental to development, construction, promotion, marketing, sales or leasing of the property within the boundaries of the Pebble Creek Development, of (v) excavate, cut, fill or grade any property within the Community owned by Declarant. Additionally, no provision of this Supplementary Declaration shall require Declarant to seek or obtain the approval of the Architectural Committee or of the Association for any such activity or Improvement on any property owned by Declarant. Nothing in this Section 7.10 shall limit or impair the reserved rights of Declarant elsewhere provided in this Supplementary Declaration or in the Declaration. 7.11 Declarations Construed Together. All of the provisions of this Supplementary Declaration shall be liberally construed together with the Declaration to promote and effectuate the fundamental concepts of the development of this Community and the Pebble Creek Development, as set forth in the Declaration. 7.12 Persons Entitled to Enforce Supplementary Declaration. The Association, acting by authority of the 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 this 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 any provision of this Supplementary Declaration. The Association shall have the same rights and remedies with respect to violations of the provisions of this Supplementary Declaration as the Association does with respect to violations of the provisions of the Declaration. 7.13 Violations of Law. Any violation of any federal, state, municipal or local law, ordinance, rile or regulation, pertaining to the ownership, occupation or use of any property within the Community hereby is declared to be a violation of this Supplementary Declaration and shall be subject to any and all of the enforcement procedures set forth or referred to in this Supplementary Declaration. 7.14 Costs and Attorney's Fees. In any action or proceeding under this Supplementary Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney's fees. 7.15 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the Pebble Creek Development, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as specifically set forth in writing. 7.16 Limitation on Liability. Neither the Association, the Board, the Architectural Committee, Declarant, or any officer, agent, or employee of any of the same acting within the scope of their respective duties described in this Supplementary Declaration shall be liable to any Person for any reason or for any failure to act if the action or failure to act was in good faith and without malice. 15 Doc OR 1 5885 82 Executed this _ day of February, 2004. ATTEST PEBBLE CREEK DEVELOPMENT COMPANY • • ! . 4 $. '6_ .. i / /� /.� Molly M. Yo , :, • ecretary II a avis . ou, resident STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this the _ day of February, 2004, by Davis M. Young, President of Pebble Creek Development Company, a Texas Corporation, on behalf of such corporation. Ct,,,, q ";KYM C, WAGNER Notary ' J %lie, State of Tex. j Nota Pub State of Texas My Commission Expires: 11 ZZ J t7 My Comssion Expires Commission 22, 2006 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this the _ day of February, 2004 by Molly M. Young, Secretary of Pebble Creek Development Company, a Texas Corporation, on behalf of such • •rporation. v ►, • ► — No , • 'tblic, State of Texas 4 '�o KYM C. WAGNER My Commission Expires: I 1 t 92.10(0 a S Notary Public, State of Texas y�K. �c My Co ssion Expires .,,� November 22, 2006 EXHIBIT A See plat filed for record in Brazos County, Texas for Pebble Creek Development, Phase 9B. After Filing Return To: Pebble Creek Development Company, Inc. 4500 Pebble Creek Parkway College Station, TX 77845 16 I. Doc 846489 DR 5885 839 TABLE OF CONTENTS 1. DEFINITIONS 1 1.1 Association 1 1.2 Board 1 1.3 Commercial Builder 1 1.4 Common Area 1 1.5 Community` 1.6 Declarant 1 1 2 1.7 Declaration 2 1.8 Governing Documents 2 1.9 Improvements 2 1.10 Lot 2 1.11 Member 2 1.12 Notice 2 1.13 Owner 1.14 R 2 eimbursement Assessment 2 1.15 Pebble Creek Development 2 1.16 Supplementary Declaration 2 1.17 Unimproved Lot 2 1.18 Unit 2. SUBJECT PROPERTIES 3 2.1 Existing Properties 3 2.2 Annexation by Supplementary Declaration 3. USE RESTRICTIONS 3 3.1 Single- Family Residential Construction 3 3.2 Designation of Lot Types 4 3.3 Composite Building Site 4 3.4 Location of the Improvements upon the Lot or Unit 3.5 Removal of Trees 4 4 3.6 Trash and Care of Lots and Units During Construction 5 5 3.7 Concrete Washout 5 3.8 Brick Requirements 5 3.9 Carports 5 3.10 Walls, Fences and Hedges 5 3.11 Visual Obstruction at the Intersections of Streets 6 3.12 Air Conditioning Requirements 6 3.13 Prohibition of Offensive Activities 6 3.14 Use of Temporary Structures 7 3.15 Storage of Vehicles or Equipment 7 3.16 Animal Husbandry 7 3.17 Lot and Unit Maintenance 3.18 Sign, Advertisements, Billboards 7 7 8 3.19 Maximum Height of Antenna 8 3.20 Wind Generators 8 3.21 Solar Collectors 8 3.22 Swimming Pools 8 3.23 Drying of Clothes in Public View 8 3.24 Garage and Garage Doors 8 3.25 Control of Sewage Effluent 9 3.26 Residence and Improvements Damaged by Fire and Other Casualty 9 3.27 Vehicles Permitted to Use Roads and Streets 9 3.28 Boats Prohibited in Lakes 9 3.29 Swimming Prohibited in Lakes 9 3.30 Landscaping 17 Doc OR 5885 9 84 3.31 Roofing 10 10 3.32 Driveways 10 3.33 Lighting 10 3.34 Minimum Slab Elevation 10 3.35 Rental and Leasing 10 3.36 Unfinished Rooms 3.37 Variances 1 10 3.38 Dish Antennae 4. PROPERTY MAINTENANCE REGULATION 11 4.1 Exterior Maintenance of Improvements 11 4.2 Entry Rights 5. EASEMENTS 11 5.1 Easements 11 5.2 Title Subject to Easements 11 5.3 Utility Easements 6. ANNEXATION OF ADDITIONAL LAND 12 6.1 Further Development 12 6.2 Easements and Rights Presently Reserved 13 6.3 Obligation to Grant Reciprocal Rights 13 6.4 Allocation of Expenses 13 6.5 Authority of the Board 13 6.6 Aanexable Land 7. GENERAL PROVISIONS 13 7.1 Severability 13 7.2 Term 13 7.3 Re- subdivision 13 7.4 Amendment by Members 7.5 Amendment by the Declarant 14 7.6 Declarant's Rights and Prerogatives 14 7.7 Disclaimer for Errant Golf Balls 14 7.8 Gender 14 7.9 Headings 15 7.10 Declarant's Rights to Complete Development of Community 15 7.11 Declarations Construed Together 15 7.12 Persons Entitled to Enforce Supplementary Declaration 15 7.13 Violations of Law 15 7.14 Costs and Attorney's Fees 15 7.15 No Representations or Warranties 15 7.16 Limitation on Liability 15 B ^ii `-" � c r R T %'m ti Nm B � q N G g. 4.2 Z m5 ma 18