HomeMy WebLinkAboutEasement Info.Doc OR 1 '5375 64
he terms of this Article 7 are subject to the requirements of Chapter 209, Texas Property Code, as
from time to time (the "Code ").
ARTICLE 6
EASEMENTS
8.01 Reserved Easements All dedications, limitations, restrictions, and reservations shown on
any plat covering all or any portion of the Property and all grants and dedications of easements, rights -of -way,
restrictions, and related rights made by SMD prior to the Property becoming subject to this Declaration, are
incorporated herein by reference and made a part of this Declaration for all purposes as if fullysetforth herein,
and shall be construed as being adapted in each and every contract, deed or conveyance executed or to be
executed by or on behalf of SMD conveying any part of the Property. SMD reserves the right to make
changes in and additions to the said easements and rights -of -way for the purpose of most effectively,
efficiently and economically developing and marketing the Property. Further, SMD reserves the right, without
the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise
create, at any time or from time to time, Common Areas, rights -of -way and easements for public utility
purposes (including, without limitation, gas, cable, water, electricity, telephone and drainage), in favor of any
person or entity, along and on either or both sides of any Lot line, any such easement having a maximum
width of tan (10) feet on each side of such Lot line. The easement areas described in this Section 8.01 and
Section 8.02 shall be known as "Reserved Easement Areas ".
8.02 Install Lion and Maintenance Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded. plat of the Property. Within these easements, if any,
no structure or other material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities; or in the case of drainage easements, which may change the direction
of flow of water through drainage channels in such easements. The Reserved Easement Area of each Lot
and all Improvements in such area shall be maintained continuously bythe Owner of the Lot, except for those
Improvements for which a public authority or utility company is responsible.
8.03 Surface Areas, The surface of Reserved Easement Areas for underground utility services
maybe used for planting of shrubbery, trees, lawns or flowers. However, neither SMD nor any supplier of any
utility service using any Easement Area shall be liable to any Owner or to the Association for any damage
done by them or either of them, or their respective agents, employees, servants or assigns, to any of the
aforesaid vegetation as a result of any activity reasonably relating to the construction, maintenance, operation
or repair of any facility in any such Easement Area.
8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water
flow, as contours of land and the arrangement of Improvements approved by the ACC thereon require. Each
Owner further covenants not to disturb or displace any trees or other vegetation within the drainage
easements as defined In this Declaration and those shown on the Plat. There shall be no construction of
improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by
the ACC. Collectively, the drainage easements shown on the Plat, if any, and the drainage easements
defined in this Declaration shall be known as "Drainage Easements .m
8.05 Plan ket Easement An easement is hereby retained in favor of the Association overall Lots
and the Common Areas for the purpose of enforcing the Covenants In accordance with Section 9.13 hereof,
and for the construction of a common cable television or other telecommunications system, a common
sprinkler system, maintenance of landscaping, or any other item for the common benefit of the Owners. An
easement is further granted for the purpose of repairing and maintaining any such system'so constructed.
An entry upon any Lot or the Common Areas to effectuate the foregoing purposes shall not be deemed as
trespass.
dedamdon of Covenants, Contrwons,
Reservdws and Resi*Vons
l of Vlrlagm of Wan lakes
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8.06 Drainage Maintenance Easemen An exclusive, twenty -five foot (25') easement or such
greater easement area as may be determined by the ACC and Identified on the Stream Map and Identification
Table is hereby retained in favor of SMD and the Association along either side of any creek, channel, tributary
or other Waterway located on a Lot for the purpose of maintenance of Waterways and drainage ways on the
Property. An entry upon any Lot by SMD or the Association to effectuate the foregoing purposes shall not be
deemed as trespass. Neither SMD nor the Association shall be liable to any Owner for any damage done by
them or either of them, or their respective agents, employees, servants or assigns, to any of the vegetation
in the Drainage Maintenance Easement as a result of any activity reasonably related to the maintenance and
operation of the drainage ways in the Drainage Maintenance Easement.
8.07 Trail Easement_ An easement ( "Trail Easement") extending ten feet (10') inward toward a
Lot from any public utility easement lying adjacent to the property line of a Lot which is adjacent to an Access
Road is hereby retained in favor of the Association and its Members for use as a pedestrian, equestrian or
hybrid mixed use trail. SMD and/or the Association may construct, maintain, operate or repair a pedestrian,
equestrian or hybrid mixed use trail in the Trail Easement for the use of the Association's Members. SMD
and /or the Association may remove such vegetation and other improvements lying within the Trail Easement
as are necessary to maintain an open, accessible and continuous trail.
8.08 Riparian Management Easements On each Lake Lot there is hereby retained in favor of
SMD and the Association a perpetual twenty foot (20') riparian management easement located shoreward
from the lakefront property line of a Lot (located at the 260 foot elevation level) for the purpose of maintaining
the Lake, maintaining wildlife habitat, erosion control and otherwork necessary or desirable in connection with
the Lake. On each Lot, there is hereby retained in favor of SMD and the Association a perpetual seventy -five
foot (75') riparian management easement located on either side of any creek, channel, tributary or other
Waterway located on such Lot for the purpose of maintaining such Waterway, maintaining wildlife habitat,
erosion control and other work necessary or desirable In connection with the Waterway.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.01 li illt . This Declaration is adopted as part of and, except as expressly provided herein,
shall apply to each and every Lot in the Subdivision. This Declaration is equally for the benefit of all
subsequent Owners of Lots in the Subdivision and accordingly, shall be covenants running with the land. Any
Owner or lienholder of any of the Property or the Association shall have the power to prosecute in the
appropriate court a suit at law or In equity to prevent any violation or attempted violation of this Declaration
and to recover damages for any violation or attempted violation including, but not limited to, reasonable
attorney's fees; provided, however, that this clause shall not restrict any governmental agency from acting to
enforce any of the restrictions contained in this Declaration.
9.02 1rm The term of this Declaration shall be for a period from the filing of this instrument for
record in Brazos County, Texas, until the 1st day of January, 2033, after which such date this Declaration shall
be automatically extended for successive periods of ten (10) years each, unless and until by instrument
executed by the then record Owners of a majority of the Lots in the Subdivision and duly recorded In Official
Records of Brazos County, Texas, the Declaration is altered, rescinded, modified or changed, in whole or in
part.
9.03 Mortgagee Nothing contained In this document, nor any violation of any provision of this
Declaration shall have the effect of Impairing or affecting the rights of any mortgagee, or trustee under any
mortgage or deed of trust outstanding against all the Subdivision or any portion thereof,
Declanatbn of CoVOnents, Condltions,
Resarmgons and Res&cflons
}' of 1/lllages of Indian Lakes
pap 28
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SPA A) C E�P - 7 1 `f 3 Y 71.
Vol - C'`�'
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L06 7.06 Assessment Lien and Foreclosure All sums assessed RN h#36i
A& pda I s ArtilleLPF�
but unpaid, shall, together with interest as provided in Section 7.05 hereof and the cost of collection, including
attorney's fees as herein provided, thereupon become a continuing lien and charge on the Lot covered bysuch
Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal
representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges
against the said Lot, except only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust
filed of record, securing in either instance sums borrowed for the acquisition or improvement of the Lot in
question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power shall be entirely discretionary with the Board and such subordination shall be effectuated by an
officer of the Association, dulyauthorized bythe Board. To evidence an Assessment lien, the Association may,
prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name
of the owner of the Lot covered by such lien, and a description of the Lot. Such notice shall be signed by an
officer of the Association, duly authorized by the Board, and shall be recorded in the office of the County Cierk
of Brazos County, Texas, Such lien for payment of Assessments shall attach with the priority above set forth,
from the date that much payment becomes delinquent, and, subject to the requirements of the Code (as
defined in Section 7.08) may be enforced subsequent to the recording of a notice of Assessment lien as
provided above, by the foreclosure of the defaulting Owner's lot by the Association in like manner as a
mortgage secured by a deed of trust on real property, or the Association may institute suit against the owner
personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any
foreclosure proceeding, whether judicial or not judicial, the owner shall be required to pay the costs, expenses,
and reasonable attorney's fees incurred by the Association. The Association shall have the power to bid on
the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal
with the same.
Except as otherwise provided, upon closing of the initial sale of each Lot, the purchaser shall pay dues
in the amount of dues set by the Association for each full calendar month until the end of the current year. Said
dues will be paid to the Association or accumulated by dH in the absence of an Association. Said funds will
be utilized by DH solely for maintenance of Common Areas and the balance shall be paid to the Association
when it is formed. The Association shall have the right to designate any other event after closing the initial
sale of a Lot as the date upon which the Owner will be obligated to begin paying dues to the Association.
The terms of this Article 7 are subject to the requirements of Chapter 209, Texas Property Code, as
amended from time to time (the "Code').
ARTICLE 8
EASEMENTS
8.01 Reserved-Easements All dedications, limitations, restrictions, and reservations shown on
any plat covering all or any portion of the Property and all grants and dedications of easements, rights -of -way,
restrictions, and related rights made by DH prior to the Property becoming subject to this Declaration, are
incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein,
and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be
executed by or on behalf of DH conveying any part of the Property. DH reserves the right to make changes
in and additions to the said easements and rights -of -way for the purpose of most effectively, efficiently and
economically developing and marketing the Property. Further, DH reserves the right, without the necessity
of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any
time or from time to time, Common Areas, rights -of -way and easements for public utility purposes (including,
without limitation, gas, cable, water, electricity, telephone and drainage), in favor of any person or entity, along
and on either or both sides of any Lot line, any such easement having a maximum width of ten (10) feet on
each side of such Lot line, The easement areas described in this Section 8.01 and Section 8.02 shall be
known as "Reserved Easement Areas ".
ceciarafion of covenants, Conditions,
Reservations and Restrictions
of buck Haven Estates
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@0846415 OR 5883 26J
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6.02 Installation and Maintenance Easements for installation and maintenance of uuities and
drainage facilities are reserved as shown on the recorded plat of the Property. within these easements, if any,
no structure or other material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities; or in the case of drainage easements, which maychange the direction
of flow of water through drainage channels in such easements. The Reserved Easement Area of each Lot
and all Improvements in such area shall be maintained continuously by the Owner of the Lot, except for those
Improvements for which a public authority or utility company is responsible.
8.03 Surface Areas The surface of Reserved Easement Areas for underground utility services
may be used for planting of shrubbery, trees, lawns or flowers. However, neither DH nor any supplier of any
utility service using any Easement Area shall be liable to any Owner or to the Association for any damage
done by them or either of them, or their respective agents, employees, servants or assigns, to any of the
aforesaid vegetation as a result of any activity reasonably relating to the construction, maintenance, operation
or repair of any facility in any such Easement Area.
8.04 . Drainage Easements Each Owner covenants to provide easements for drainage and water
flow, as contours of land and the arrangement of Improvements approved by the ACC thereon require_ Each
Owner further covenants not to disturb or displace any trees or other vegetation within the drainage
easements as defined in this Declaration and those shown on the Plat. There shall be no construction of
improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by
the ACC. Collectively, the drainage easements shown on the Plat, if any, and the drainage easements
defined in this Declaration shall be known as "Drainage Easements."
8.05 Blanket Easement An easement is hereby retained in favor of the Association overall Lots
and the Common Areas for the purpose of enforcing the Covenants in accordance with Section 9.13 hereof,
and for the construction of a common cable television or other telecommunications system, a common
sprinkler system, maintenance of landscaping, or any other item for the common benefit of the Owners. An
easement is further granted for the purpose of repairing and maintaining any such system so constructed.
An entry upon any Lot or the Common Areas to effectuate the foregoing purposes shall not be deemed as
trespass.
8.06 Riparian Mana4ement_Easemen On each Lot, there is hereby retained in favor of DH and
the Association a perpetual seventy -five foot (75') easement or such greater easement area as may be
determined by the ACC and identified on the Stream Map and Identification Table , riparian management
easement located on either side of any creek, channel, tributary or other Waterway located on such Lot for
the purpose of maintaining such Waterway and drainage way, maintaining wildlife habitat, erosion control and
other work necessary or desirable in connection with the Waterway. An entry upon any Lot by DH or the
Association to effectuate the foregoing purposes shall not be deemed as trespass. Neither DH nor the
Association shall be liable to any Owner for any damage done by them or either of them, or their respective
agents, employees, servants or assigns, to any of the vegetation in the Riparian Management Easement as
a result of any activity reasonably related to the purpose of the Riparian Management Easement.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.01 Applicability This Declaration is adopted as part of and, except as expressly provided herein,
shall apply to each and every Lot in the Subdivision. This Declaration is equally for the benefit of all
subsequent Owners of Lots in the Subdivision and accordingly, shall be covenants running with the land. Any
Owner or lienholder of any of the Property or the Association shall have the power to prosecute in the
appropriate court a suit at law or in equity to prevent any violation or attempted violation of this Declaration
and to recover damages for any violation or attempted violation including, but not limited to, reasonable
Declaration of Covenants, Conditions,
Reservations and Restrictions
of Duck Haven Estates
Page 26
REAL. ESTATE INVJiSTU NT SDWICE,S
TRAVIS MARTMK
r
DESIGN AND CONS►"TAS7C'S ON MANAGER
OF EC: E: (979)846.3384 CELL: (1790 2 ?)..9877 FAX; (979) 9415.1461
36+281= AS'T?9TId �;TIt1r6"i; SIATE 94lP, 4:'C)1_S.i:Gi� STA7'�rJAI, TF•.7CA$'"7idt43
FACSIMILE TRANSMITT SHEET
TO. DATE:
Spencer Thompson 7/8/2004
COMPANY: TOTAL NO, ON' PAGES INCLUDING COVER:
Development Services 3
FAX NUMBER: PHONE NUMBER:
764 -3496 7643570
RE:
Duck Haven — Drainage Eascrnent
❑ URGENT Lf FOR REVIEW 0 PLEA COMME ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS!
Spencer,
Attached is a copy of the pages in the CCRs that refer to easements. The note on the plats
refer to the "Riparian Management Easement ", Section 8.08.
Let me know if you have any questionecolnments.
Thanks,
Travis
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