DEED RESTRICTIONS FOR CARD CROSSING SUBDIVISION
ARTICLE I
Definitions
Developer
1.0 I. "Developer" means Declarant and its successors and assigns who
acquire more than five (5) undeveloped Lots from Declarant for the purpose
of development.
Lot
1.02. "Lot" means any of the plots of land shown on the plat and subdivision
map to be recorded in the map and plat records of Angelina County Texas (the
"Map"), on which there is or will be built a single family dwelling. The
term "Lot" does not include the Common Area.
Owner
1.03. "Owner" means the record owner or owners of the fee simple title to
any Lot or portion of a Lot in the Property on which there is or will be
built a detached single family dwelling.
"Owner" includes contract sellers but excludes persons having only a
security interest.
Qualified Person
1.04. A "qualified person" means a person who is a licensed architect,
landscape architect, licensed general contractor, or city planner, or member
of the Board.
Common Area
1.05. "Common Area" means the entire Property except the Lots, subject to
all easements and rights described in this Declaration, including but not
limited to the private street known as Old Pond Road.
Association
1.06. "Association" means an incorporated association consisting of all
Owners, which shall have the duty of maintaining, operating, and managing
the Common Area as provided in this Declaration. Each Owner shall become a
member of the Association contemporaneously with acquiring a Lot, without
any further documentation of any kind.
Board
1.07. "Board" means the Board of Directors of the Association.
ARTICLE 2
Architectural Control
Architectural Control Committee
2.01. Developer shall designate and appoint an Architectural Control
Committee consisting of not less than three (3) qualified persons, which
shall serve at the pleasure of the Developer. After the Developer no longer
owns any Lot, the Architectural Control Committee shall serve at the
pleasure of the Board.
Approval of Plans and Specifications
2.02. The Architectural Control Committee must review and approve in writing
all of the following projects on the Propel1y:
(a) Construction of any building, fence, wall, or other structure.
(b) Any exterior addition, change, or alteration in any building, fence,
wall, or other structure.
(c) Any landscaping or grading of any Lot or Lots.
Application for Approval
2.03. To obtain approval to do any of the work described in Paragraph 2.02,
an Owner must submit an application to the Architectural Control Committee
showing the plans and specifications for the proposed work. Such plans and
specifications shall detail the nature, shape, height, materials, colors,
and location of the proposed work.
Standard for Review
2.04. The Architectural Control Committee shall review applications for
proposed work in order to (l) ensure conformity of the proposal with these
covenants, conditions, and restrictions and (2) ensure harmony of external
design in relation to surrounding structures and topography. An application
can be rejected for providing insufficient information. The Committee shall
have broad, discretionary authority to interpret and apply these standards.
In rejecting an application, the Committee should detail the reasons for
rejection and suggest how the applicant could remedy the deficiencies.
Failure of Committee to Act
2.05. If the Architectural Control Committee fails either to approve or
reject an application for proposed work within thirty (30) days after
submission, then Committee approval shall not be required, and the applicant
shall be deemed to have fully complied with this Article.
ARTICLE 3
Exterior Maintenance
3.01. If an Owner of any Lot fails to maintain the premises in a neat and
orderly manner, the Developer or the Architectural Control Committee shall
have the right, through its agents and employees, to enter the Lot in order
to repair, maintain, and restore the Lot, including landscaping, and the
exterior of any buildings and other improvements located on the Lot, all at
the expense of the Owner.
ARTICLE 4
Use Restrictions and Architectural Standards
Residential Use Only
4.01. All Lots shall be used for single-family residential purposes only.
Single family use consists of use as a dwelling by one natural person or two
or more natural persons who are related by marriage or kinship or by not
more than four natural persons who are not related by marriage or kinship.
However, Developer, as well as any other person engaged in the construction
and sale of residences on the Property, shall have the right, during the
construction and sales period, to use facilities as may be reasonably
necessary or convenient for its business purpose of constructing and selling
residences on the ,Property.
Type of Buildings Permitted
4.02. No building shall be erected, altered, or permitted on any Lot other
than one single-family dwelling not to exceed two stories in height, with a
private garage for not more than three automobiles and at least two
automobiles. No garage may directly face Old Pond Road, but a garage may be
detached provided it is connected to the single family dwelling by a porte
cochere or breezeway acceptable to the Architectural Control Committee in
its sole and absolute discretion.
However, Developer, as well as any other person engaged in the construction
and sale of residences on the Property, shall have the right, during the
construction and sales period, to construct and maintain such facilities as
may be reasonably necessary or convenient for its business of constructing
and selling dwelling units on the Property, including, but not limited to,
offices and storage areas.
Design, Minimum Floor Area, and Exterior Walls
4.03. Any residence constructed on a Lot must be not less than 1,750 square
feet and, if more than one story, must have a ground floor area of not less
than 1,000 square feet, exclusive of open or screened porches, terraces,
patios, driveways, carports, and garages. The exterior walls of any
residence shall consist of not less than fifty-one percent (51 %) masonry
construction. All roofs shall be constructed of fireproof materials. All
exterior colors, textures, and materials must be compatible not only with
the specified design motif for the residence but also with adjacent and
surrounding Lots, and over-all community appearance. No garage may face the
street.
Setbacks
4.04. No building shall be located on any Lot nearer to the front Lot line
or nearer to the side street line than the minimum building setback lines
shown on the Map, or 30 feet from the rear
Lot line. All interior side setback lines shall be 10 feet. For purposes of
this covenant, eaves, steps, and open porches shall not be considered as a
part of the building; provided, however, that this shall not be construed to
permit any portion of the building on any Lot to encroach upon another Lot.
If two or more Lots, or portions of two or more Lots, are consolidated into
a building site in conformity with Paragraph 4.05, these building setback
requirements shall apply to the resulting building site as if it were one
original, platted Lot.
Resubdivision or Consolidation
4.05. No Lot may be further subdivided. However, any person owning two or
more adjoining Lots may consolidate those Lots into one building site with
the privilege of constructing improvements, as permitted by this
Declaration.
Easements
4.06. Easements for the installation and maintenance of utilities and
drainage facilities are reserved as shown on the Map. No utility company,
water district, political subdivision, or other authorized entity using
these easements shall be liable for any damage done by them or their
assigns, agents, employees, or servants, to shrubbery, trees, flowers, or to
other property of the Owner situated in the easement.
Noxious or Offensive Activities Prohibited
4.07. No noxious or offensive activity shall be conducted on any Lot that
may be or may become an annoyance or nuisance to the neighborhood.
Prohibited Residential Uses
4.08. No structure not approved for residential use by the Architectural
Control Committee, including but not limited to manufactured homes,
trailers, mobile homes, motor homes, basements, tents, shacks, garages, and
other outbuildings and accessory structures, shall be used on any Lot any
time as a residence, either temporarily or permanently.
Signs
4.09. No signs of any type shall be allowed on any Lot except one sign of
not more than five square feet advertising the property for sale or rent.
However, Developer, as well as any other person engaged in the construction
and sale of residences on the Property shall have the right, during the
construction and sales period, to construct and maintain signs advertising
the construction and sale.
Oil Development and Mining Prohibited
4.10. No oil well drilling, development, or refining, and no mineral
quarrying or mining operations of any kind shall be permitted on any Lot. No
oil well, tank, tunnel, mineral excavation, or shaft shall be permitted on
any Lot. No derrick or other structure designed for use in boring for oil,
natural gas, or other minerals shall be erected, maintained, or permitted on
any Lot.
Rubbish, Trash and Garbage
4.11. No Lot shall be used or maintained as a dumping ground for rubbish or
trash. All garbage and other waste shall be kept in sanitary containers.
There shall be no burning or incineration of trash, garbage, leaves, brush,
or other debris.
Sewer Disposal
4.12. No individual sewage-disposal system shall be permitted on any Lot.
Water 'Supply
4.13. No individual water-supply system shall be permitted on any Lot.
Animals
4.14. No animals, livestock, or poultry of any kind shall be raised, bred,
or kept on any Lot, except that a reasonable number of dogs, cats, or other
household pets may be kept, provided they are not kept, bred, or maintained
for any commercial purpose.
Fences, Walls, Hedges, and Utility Meters
4.15. No fence, wall, hedge, or utility meter shall be placed, or permitted
to remain, on any Lot nearer to the street or streets adjoining such Lot
than is permitted for the main residence on such Lot, except for decorative
subdivision entry fences.
Trucks, Buses, and Trailers
4.16. No truck or bus (except a passenger van for personal use) or trailer
shall be left parked in the street in front of any Lot, except for
construction and repair equipment while a residence or residences are being
built or repaired in the immediate vicinity. No truck or bus (except a
passenger van for personal use) or boat or trailer shall be parked on the
driveway or any portion of the Lot in such manner as to be visible from the
street.
Prohibited Activities
4.17. No professional, business, or commercial activity to which the general
public is invited shall be conducted on any Lot.
Poles, Masts, and Antennas
4.18. No poles (except flag poles), masts, antennas, or satellite dishes of
any type, size, or height shall be installed on any Lot unless within the
envelope of a building approved by the Architectural Control Committee.
Water Softeners and Air Conditioning Equipment
4.19. No water 'Softener shall be installed or used that discharges effluent
brine into the sewage system. Location, type, and screening of water
softeners and air conditioning units shall be first approved by the
Architectural Control Committee before installation or use.
Landscaping
4.20. Each Owner shall spend an initial sum of not less than one percent of
the total cost of acquiring the building site and constructing a residence
for ornamental plants, trees, shrubs, ground cover, lawns, and flowers.
Mailboxes
4.21. Within the scope of postal service requirements, mailbox holders must
be designed and constructed of pleasing natural materials which harmonize
architecturally with the residence, and the standard rural mailbox
installation on a single post is not permitted. Designs must be submitted to
the Architectural Control Committee for approval, and boxes may not be
constructed or erected without the Architectural Control Committee's
approval.
Driveways and Walkways
4.22. Driveways and walkways may not be constructed of gravel or glauconite.
The driveway turnout must be constructed in such a manner as to provide an
attractive transitional radius from the curb and gutter into the driveway
entrance and must prevent escape of drainage water from the street onto any
Lots. Driveway turnout design shall comply with City of Lufkin requirements.
Designs, including the materials to be used in construction of driveways and
walkways, must be submitted to the Architectural Control Committee for
approval.
Basketball Goals and Trampolines
4.23. No basketball goal may be placed nearer to the front Lot line than 30
feet. No trampoline may be visible from Old Pond Road.
ARTICLE 5
Easements
Reservation of Easements
5.01. All easements for the installation and maintenance of utilities and
drainage facilities are reserved as shown on the Map. No shrubbery, fence,
or other obstruction shall be placed in any easement. Right of use for
ingress and egress shall be available at all times over any dedicated
easement for purposes of installing, operating, maintaining, repairing, or
removing any utility or any obstruction placed in such easement that would
interfere with the installation, maintenance, operation, or removal of such
utility.
Underground Electrical System
5.02. An underground electricity distribution system shall be installed to
serve all Lots in the subdivision. The Owner of each Lot, at the Owner's
cost, shall furnish, install, and maintain (all in accordance with the
requirements of local governmental authorities and the National Electrical
Code) an underground service cable and appurtenances from the meter
installed on the Lot by the electric company to such point as may be
designated by the company on the property line of the Lot.
The company furnishing electric service shall make the necessary connection
at the property line and at the meter. Each Owner, at the Owner's cost,
shall install, furnish, and maintain a meter loop (in accordance with
then-current standards and specifications of the electric company) for the
residence constructed on the Lot. For as long as underground service is
maintained, the electric service to each Lot shall be uniform in character
and exclusively of the type known as single-phase 120/240 volt, 3-wire,
60-cycle alternating current.
ARTICLE 6
Association
Creation
6.01. The Owners shall constitute the Association. Each Owner of a Lot,
including Developer, shall automatically be a member of the Association.
Association membership shall be appurtenant to ownership of a Lot. Ownership
of a Lot is the sole criterion for membership in the Association.
Transfer of Membership
6.02. Association membership can be transferred to the grantee of a
conveyance of a Lot in fee. Membership shall not be assigned, pledged, or
transferred in any other way. Any attempt to make a prohibited transfer
shall be void.
Management of Association
6.03. The Association shall be incorporated as a nonprofit corporation. The
Association shall be managed by the Board pursuant to the procedures set
forth in the Association's certificate of formulation and bylaws, subject to
this Declaration.
Membership, Voting, Elections, and Meetings
6.04. Each Owner shall have one vote for each Lot owned by the Owner. There
shall be at least one meeting of the membership each year. At that meeting,
the Owners shall elect a Board consisting of no less than three directors
nor more than six directors, vote on any other matters the Board chooses to
place before the membership, and discuss any matter of Association business
that the Board or any owner wishes to bring before the entire membership.
Duties and Powers of Board
6.05. Through the Board, the Association shall have the following powers and
duties:
(a) To adopt rules and regulations to implement this Declaration and the
Association's bylaws.
(b) To enforce this Declaration, the bylaws, its rules and regulations.
(c) To elect officers of the Board and select members of the Architectural
Control Committee when that power devolves to the Board.
(d) To delegate its powers to committees, officers, or employees.
(e) To prepare a balance sheet and operating income statement for the
Association and deliver a report to the membership at its annual meeting.
(f) To establish and collect regular assessments to defray expenses
attributable to the Association's duties, to be levied against each Owner,
including Developer.
(g) To establish and collect special assessments for capital improvements or
other purposes.
(h) To file liens against unit owners because of nonpayment of assessments
duly levied and to foreclose on those liens.
(i) To receive complaints regarding violations of this Declaration, the
bylaws, or the rules and regulations.
(j) To hold hearings to determine whether to discipline Owners who violate
this Declaration, the bylaws, or the rules and regulations.
(k) To give reasonable notice to all Owners of all annual meetings of the
membership and all discipline hearings.
(I) To hold regular meetings of the Board at least annually.
(m) To manage and maintain all of the Common Area in a state of high quality
and in good repair.
(n) To pay taxes and assessments that are or could become a lien on the
Common Area.
(0) To pay the costs of any liability insurance and fire insurance on the
Common Area and any liability insurance for members of the Board.
ARTICLE 7
General Provisions
Enforcement
7.0 I. The Developer or the Association or any Owner shall have the right to
enforce, by any proceeding at law or in equity, all restrictions,
conditions, and reservations imposed by this Declaration. Failure to enforce
any covenant or restriction shall not be deemed a waiver of the right of
enforcement either with respect to the violation in question or any other
violation. All waivers must be in writing and signed by the party to be
bound.
Severability
7.02. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provisions, and all other
provisions shall remain in full force and effect.
Covenants Running With the Land
7.03. The easements, restrictions, covenants, and conditions are for the
purpose of protecting the value and desirability of the Property.
Consequently, they shall run with the real property and shall be binding on
all parties having any right, title, or interest in the Property in whole or
in part, and their heirs, successors, and assigns. These easements,
covenants, conditions, and restrictions shall be for the benefit of the
Property, each Lot, and each Lot Owner.
Duration and Amendment
7.04. The covenants, conditions, and restrictions of this Declaration shall
be effective for a term of 30 years from the date this Declaration is
recorded, after which period the covenants, conditions, and restrictions
shall be automatically extended for successive periods of 10 years subject
to termination by an instrument signed by more than 50 percent of the
Owners. The covenants, conditions, and restrictions of this Declaration may
be amended by an instrument signed by more than 75 percent of the Owners.
Neither any amendment nor any termination shall be effective until recorded
in the Official Public Records of Angelina County, Texas, and all requisite
governmental approvals, if any, have been obtained.
Attorney's Fees
7.05. lf any controversy, claim, or dispute arises relating to this
instrument, its breach, or enforcement, the prevailing party shall be
entitled to recover from the losing party reasonable expenses, attorneys'
fees, and costs.
Subdivision Ordinance
7.06. This Declaration shall at all times be subject to the ordinances of
the City of Lufkin, Texas (the "City"), as they may be amended from time to
time, including but not limited to the City's Subdivision Ordinance (the
"Subdivision Ordinance"). The Subdivision Ordinance provides, among other
things, that:
a. "Certain city services shall not be provided for private street
subdivisions.
Among the services which will not be provided are: routine law enforcement
patrols, enforcement of traffic and parking regulations, and preparation of
accident reports."
b. "Lot deeds must convey membership in the Association, and must provide
for payment of dues and Assessments required by the Association."
c. "No portion of the Association documents pertaining to the maintenance of
private streets and alleys, and Assessments therefore, may be amended
without the written consent of the City Council."
Liberal Interpretation
7.07. This Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan for the Property.