THE STATE OF TEXAS
§
§
COUNTY OF CAMERON
§
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF Mc-GEE AUTREY SUBDIVISION PHASE 2
THAT WHEREAS McGEE-AUTREY MANAGEMENT
CO. INC, A Texas Corporation, hereinafter referred to as the Declarant, is the owner of all that certain real property
located in Cameron county, Texas, describes as follows:
McGee-Autrey Subdivision
No. 2 located in the City of Primera, Cameron County, Texas, being 13.79 acres of land
out of Block 58, Wilson Tract Subdivision, according to the Plat thereof recorded in Volume 9, Page 28 of
the Map Records of Cameron County, Texas; and
Whereas the Declarant will convey the above-described property, subject to certain protective covenants, restrictions, and
conditions as hereinafter set forth;
Now therefore
it is hereby declared that all of the property described above shall be held, sold and conveyed subject to the following easements,
restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall
run with the real property, and shall be binding on all parties having any right, title, or interest in or to the above described
property or any part thereof, and their heirs, successors, and assigns, and which easement, restrictions, covenants, and conditions
shall inure to the benefit of each owner thereof.
ARTICLE ONE
DEFINITIONS
1.01 Architectural Control Committee
"Architectural Control Committee" shall mean and refer to the committee created by the Declarant to exercise exclusive
jurisdiction over all original construction and all modifications, additions and alterations of Living Units upon the Lots
within said Subdivision. The Committee shall be composed of Warren Ray Murphy, William Murphy and Donald R. Duff.
Additional or other members may be appointed by a majority of the Committee.
1.02
CONVEYANCE
"Conveyance" shall
mean and refer to conveyance of a fee simple title to a Lot.
1.03 DECLARANT
"Declarant" shall mean and refer to McGee-Autrey Management Company Inc., the Declarant herein and its successors.
"Easements" shall mean and refer to the various utility or other easement or other easements of record, those shown
on the map or Plats of the subdivisions within the Property and such other easement as are created or referred to in The Declaration.
The
"Declaration" shall mean and refer collectively to the covenants, conditions, restrictions, supplemental restrictions,
reservations, easements, liens and charges imposed by or expressed in this Declaration of Covenants, Conditions and Restrictions
for McGee- Autrey Subdivision II as supplemented and /or amended, including any and all Supplemental Declarations.
1.06 LOT OR BUILDING PLOT
"Lot" or "Building Plot" shall each mean and refer to each plot of land shown upon the recorded subdivision
Plats within the boundaries of the Subdivision and designated by lot and block number, and to the Living Unit and other improvements
constructed or to be constructed thereon, but shall not mean or include any other portion of the Subdivision.
1.07 OWNER
"Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title
to the surface estate in any Lot or tract of land which is part of the Subdivision, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation. "Occupant" shall mean
any person legally entitled to occupy and use a Living Unit in the Subdivision.
1.08 Subdivision
The "Subdivision"
shall mean and refer to the initial Property described in the Plat for McGee-Autrey Subdivision II.
1.09
SUPPLEMENTAL DECLARATION
"Supplemental
Declaration" shall mean and refer to (i) any declaration of supplemental restrictions filed of record by Declarant, its
successors or assigns, with respect to the Property; (ii) any supplemental declaration of annexation executed and filed of
record by Declarant, its successors or assigns, bringing additional property within the scheme of The Declaration under the
authority provided in the Declaration, and (iii) any supplemental declaration executed and filed of record by Declarant, its
successors or assigns, purporting to do both of the foregoing. References herein (whether specific or general) to provisions
set forth in "all (any) Supplemental Declarations" shall be deemed to relate to the respective Properties covered
by the relevant Supplemental Declaration.
ARTICLE TWO
USE RESTRICTIONS
2.01
Single Family Residence
All building, structures, and other improvements erected, altered, or placed in the Property shall be of new construction,
and each Lot identified by Block and Lot Number shall be used only for the construction of Living Units (i.e. detached single-family
residential structures), each for use only as a residence for a single family. No structure of a temporary character,
trailer, mobile home, tent, shack, barn, or outbuilding shall be permanently or temporarily erected, maintained, or installed
on any Lot at any time. No part of the Property shall ever be used or caused to be used or allowed or authorized in
any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other non-residential
purposed, or for any commercial use of a residential nature (e.g. as a boarding house, day-care facility, half-way house,
nursing home, rehabilitation or therapy facility, etc.)
No building shall be erected, altered or permitted to remain on any single Lot, other than one single-family residential dwelling
not to exceed two stories in height and a private enclosed garage for at least two automobiles. No carports shall be
permitted on any Lot.
2.02 Construction Material for Exterior Walls
Unless the Architectural Control Committee otherwise agrees in writing, the exterior finish or construction of a Living Unit
shall be at least seventy-five percent (75%) brick, stone, stucco or other masonry on the first floor (Hardie Board or similar
are not considered masonry). In computing such percentages, roof areas, doors, windows and glass shall be excluded,
but garages, porches, and other structures constituting part of the Living Unit proper shall be included. Where trim
is used on exterior of the house, they shall be composed of cedar, high-grade vinyl siding, cement and fiberglass composite
or redwood. No prefabricated houses shall be placed on any lot. The Architectural Control Committee may in its
discretion waive requirements contained herein as to building materials to allow for the use of new building material and
technologies which are in its opinion in compliance with the intention and spirit or this Declaration as such intention is
stated above.
No residence or other structure,
additions, alterations or improvements shall be constructed on any Lot within the property unless the owner shall have the
first submitted a written detail architectural plans and specifications for such structure, addition or alteration to the
Architectural Control Committee.
2.03 Reasonable Enjoyment
No nuisance shall ever be erected, placed, or suffered to remain upon any Lot in the Property and no owner or occupant of
any Lot in the Property shall use the same so as to endanger the health or disturb the reasonable enjoyment of any other Owner
or occupant.
2.04 Animal Husbandry
No sheep, goats, horses, cattle, swine (or pigs of any kind), poultry, dangerous animals, snakes or livestock of any kind
shall ever be kept in or upon any part of the Subdivision except that dogs, cats or other common household pets may be kept
by the Owner or Occupant of any Living Unit, provided they are not kept for any commercial purpose. Any allowable
pet that is kept in a household must be confined to its Owner's Lot either by constraints of a backyard fence, a leash
or within the Living Unit. No animal shall be permitted to run freely away from its Owner's Lot and all pets must
be controlled by a leash. All applicable leash and licensing laws in effect in Primera, Texas, to the extent more restrictive
than this provision, shall also apply to this animal husbandry provision and shall be complied with by all Owners and occupants
of Lots.
2.05 Minimum Floor Area
Any single story residence constructed on any Lot must have a ground floor area of not less that one thousand five hundred
(1,500) square feet, exclusive of garages and opened or screened porches, patios and terraces. Any two story residences
constructed on any lot must have a ground floor living area of no less than one thousand (1,000) square feet and a combined
living area of not less than one thousand five hundred (1,500) square feet exclusive of garages and open or screened porches,
patios, and terraces. Measurements shall be to the face of the outside walls of the living area. No building or
Living Unit in the Property shall exceed two (2) stories in height and shall not exceed thirty feet (30') in height above
the finished floor slab elevation.
2.06
Building Setbacks
On any lot in said subdivision,
no side yard shall be less than five feet. No building shall be located on any such lot nearer to the front line than
twenty-five feet or nearer to the rear lot line than twenty feet. For the purposes of this covenant, eaves, steps or
open porches shall not be considered as part of the building; provided however that this shall not be construed to permit
any portion of the building on any such lot to encroach upon another lot. When one owner owns two adjacent lots and
builds across the side lot line, then there shall be no building setback for the common side lot line.
2.07
Foundation
The foundation shall conform
to code requirements with the additional requirement as follows: The outside perimeter of the foundation single story residence
shall be a minimum of thirty (30) inches deep and the interior shall be a minimum of twenty-four (24) inches deep. The
outside perimeter of the foundation two story residence shall be a minimum of thirty-six (36) inches deep and the interior
shall be a minimum of thirty (30) inches deep.
2.08 Roof Requirements
Each home shall have at least 6:12
pitch roof (except concrete tile roof shall be at least 5:12) with at least 240 (30-year) composition shingle roof.
Metal roofs, wood shingles or wood shake roofs, or concrete tile roof is permitted upon approval of the Architectural Control
Committee. No flat or Mansard roofs are permitted.
2.09 Driveways
All driveways shall be constructed of concrete and shall contain steel reinforcement no less that # 6 welded wire mesh six
(6) inches on center and at lease four-inch slab thickness.
2.10 Easements
All easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the McGee-Autrey
Subdivision plat recorded in the Map Records of Cameron County, Texas. Right of use for ingress and egress shall be
had at all times over any dedicated easement, and for the utility, together with the right to remove any obstruction that
may be placed in such easement which would constitute interference with the use, maintenance, operation, or installation of
such utility.
2.11 Chimneys and Solar Panels
Fireplace chimneys must start at the floor slab and be made of brick or other suitable materials, which materials
must be the same as those from which the house is constructed and must be of the same color. Solar panels are permitted
but must be out of view from the street and adjacent properties. The Architectural Control Committee may grant a variation
from these requirements in its sole discretion.
2.12 Area Lights.
Any permanent accent lighting or other permanent lighting
which is to be placed eight (8') feet or more above natural grade shall be installed only after approval by the Architectural
Control Committee.
2.13 Construction Time Periods
Construction will begin on each Lot sold to a Lot Owner within twenty-four (24) months of the original sale from Declarant
of such lot to such Lot Owner. Construction of the Living Unit on each lot sold to a Lot Owner shall be completed within
thirty-six (36) months of the sale of such lot to such Lot Owner. In the event that such Living Unit is not begun within
such twenty-four (24) month period, is not completed within such thirty-six (36) month period, or if after construction begins
there is a substantial cessation of construction activity on any Lot for a period of forty-five (45) days or more, Declarant
reserves the right and option to repurchase the Lot or Lots in question for the amount of the original purchase price thereof,
such amount to be paid in cash and to be paid within thirty (30) days after notice to such Owner(s) of the intent to purchase
the same, such Owner shall convey such Lot or Lots free of all liens or encumbrances, provided, however, that any purchase
money lien, unpaid taxes or other liens may be paid out of the purchase price to be paid for such Lot or Lots at Declarant's
election and Declarant shall be entitled to retain any improvements and fixtures placed on said Lot or Lots by the Owner thereof.
2.14 Noxious or Offensive Activities Prohibited
No professional business or commercial activity to which the general public is invited shall be conducted on any
lot except for the construction, sale, or resale of residences in the subdivision nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
2.15 Prohibited Residential
Uses
Industrial Use of the Properties
is prohibited. No use shall be permitted which is offensive by reason of odor, fumes, dust, smoke, noise or pollution,
or which is hazardous by reason of excessive danger of fire or explosion. No activity or use shall be permitted on or
with respect to the Property, which is determined by the Architectural Control Committee to be obnoxious to or out of harmony
with a distinctive residential community, including, but not limited to, any trailer houses and parks, junk or scrap metal
yard, waste material business, any dumping, disposal incineration or reduction of garbage or refuse, and any fire, bankruptcy
or auction sale or operation. No excavations shall be made and no sand, gravel or soil shall be removed from the Properties
except in connection with a grading and/or building plan approved and provided by the Architectural Control Committee.
No burning of rubbish or trash shall be permitted at any time. No storage area shall be permitted between any building
and the front Property line of such Property.
No activity, whether for profit or not, which is not related to single-family residential purposes, shall be carried on upon
any Lot, except on these Lots which may be designated by Declarant for use as sales office, construction offices, and storage
facilities for a period of time commensurate with home construction and sales within the Property. Except for this temporary
use of selected Lots, no noxious or offensive activity of any sort shall be permitted, not shall anything be done, on any
portion of the Properties, which may be or become any annoyance or nuisance to the neighborhood.
2.16
Propane Gas
Propane gas or
other combustible material tanks are prohibited unless the same are buried and unless the same are installed strictly in accordance
with all applicable laws and ordinances.
2.17 Septic Tanks.
No privy, cesspool or septic tank
shall be placed or maintained in the Subdivision.
2.18 Declarant's
Rights During Development Period.
During that period of time while any parcels of land, Lots, or Living Units located within the Subdivision are being developed
and marketed (the Development Period), the Declarant, with the right of assignment, shall have and hereby reserves the right
to reasonable use of the land owned by the Declarant with the Subdivision in connection with the promotion and marketing of
land within the boundaries of the Subdivision. Without limiting the generality of the foregoing, Declarant may erect
and maintain such signs, temporary buildings, model homes and other structures as Declarant my reasonably deem necessary or
proper with the promotion, development and marketing of land with the Subdivision during the Development Period.
2.19 Builders Rights.
During the Development Period, the Declarant shall have the right to allow any one or more approved homebuilders (a "Builder")
the right to erect and maintain such signs, model homes, and other structures Declarant may reasonably deem necessary or proper
in connection with such Builders' promotion, development, and marketing of Lots and residential improvements located within
the Subdivision. The approvals granted by the Declarant as described above are discretionary and may be revoked in the
manner specified in an agreement Declarant and the Builders or, or if there is no agreement, a Builder shall be given at least
ten (10) days' notice to comply with any revocation of approval by the Declarant.
2.20
Storage of Boats, Trailers and Other Vehicles and Equipment.
No boat, trailer, recreational vehicle, camping unit, bus, commercial use truck, or self-propelled or towable, equipment or
machinery of any sort or deemed offensive by Declarant shall be permitted to park on any Lot except in an enclosed structure
or behind a fence so as not to be visible from the street or adjacent lot; except that during the construction of improvements
on a Lot, necessary construction vehicles may be parked thereon from and during the time of necessity therefor. This
restriction shall not apply to automobiles or small non-commercial passenger trucks in operable condition, provided that any
such vehicles are parked on an improved driveway. Storage of approved vehicles on the driveway or street right-of-ways
is defined as parking without movement for a period of twenty-four (24) hours or more during a period of seven (7) consecutive
days. No vehicle shall ever be permitted to be parked on the front or side lawn with view of the public.
2.21 Clothes Lines.
No outside clotheslines or other
outside facilities for drying or airing clothes shall be place or maintained on any Lot unless they are not visible from the
public or Neighboring Property.
2.22 Construction Work.
Except in an emergency or when other
unusual circumstances exist, as determined by the Declarant, outside construction work or noisy interior construction work
on new construction or modifications of a Living Unit, shall be permitted only after 7:00 a.m. and before 7:00 p.m.
2.23 Visibility of Television Antennas
Television antennas and other antennas shall be placed so as not to be seen from the street. No ham radios
or CB base stations are permissible. No satellite dishes shall be visible from the street.
2.24 Signs, Advertisements, Billboards
No sign, advertisement, billboard, or advertising structure of any kind shall be displayed to public view on any Lot except
for one (1) sign on each Lot, which sign may not exceed six (6) square feet, for the purpose of advertising the Property for
sale or rent, except signs used by Declarant, or its successors or assigns, for a period of time with its home construction/sales
program. No sign shall be permitted that shall advertise that a Property has been or will be foreclosed. Declarant and
the Architectural Control Committee shall have the right to remove any sign. Except as provided to the contrary herein,
in no event shall the use of flags or banners be permitted in the promotion of sale of any Lot or Living Unit in the Property,
except those owned by Declarant or a Builder. The Architectural Control Committee must approve any use of said items
by any Builder.
2.25 Lot Maintenance.
The Owner of each Lot shall maintain the same and adjacent street right-of-way, and the improvements, sod, trees, hedges,
and plantings thereon, in a neat and attractive condition. Such maintenance shall include regular mowing, edging of turf areas,
weeding of plant beds, fertilizing, weed control and watering of the turf and landscape areas on each Lot. Diseased
or dead plants or trees must be removed and replaced within a reasonable time. On front lawns and wherever visible from
any street, there shall be no decorative appurtenances placed, such as sculptures, birdbaths, birdhouse, fountains or other
decorative embellishments unless such specific item(s) have been approved in writing by the Architectural Control Committee.
The Declarant shall have the right, after ten (10) days notice to the Owner of any Lot, setting forth the action intended
to be taken by the Declarant, provided at the end of such time such action has not already been taken by such owner (i) to
mow or edge the grass thereon, (ii) to remove any debris therefrom (iii) to trim or prune any tree, hedge, or planting that,
in the opinion of the Declarant, by reason of its location or height, or the manner in which it has been permitted to grow,
is detrimental to the enjoyment of adjoining Property or is unattractive in appearance. The person who is the Owner
of such Property at the time such work is performed by the Declarant shall be personally obligated to reimburse the Declarant,
for the cost of such work within ten (10) days after it is performed by the Declarant, and if such amount is not paid within
said period of time, such Owner shall be obligated thereafter to pay interest thereon at the maximum rate allowable by law,
and to pay attorney's fees and court costs incurred by the Declarant in collecting said obligation, and all of the same
to the extent performed by the Declarant shall be secured by a lien on such Owner's Lot, subject to liens then existing
thereon, and shall be deemed to be a assessment against such Lot and Lot Owner and such claim may be enforced by the use of
all remedies provided for herein for the collection of assessments.
2.26 Window
Coolers.
No window
or wall type air conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential
building on any part of the Subdivision without the written approval of the Architectural Control Committee.
2.27
Sod.
The Owner
of each Lot shall solid sod the Lot with grass, and shall at all times maintain such grass in a neat, clean and attractive
condition, periodically resodding damaged areas of the lawn as they occur.
2.28 Outbuildings
No tree house or children's playhouse shall be
permitted on any Lot in the Property without prior written approval of the Architectural Control Committee. Outbuildings
or other structures, temporary or permanent, other than the main residence or garage shall be limited to eight feet (8')
in height and shall be subject to approval by the Architectural Control Committee. No structure of a temporary nature, trailer,
tent, shack, garage, barn, or any other storage or out buildings shall be used on any lot at any time as a residence.
There shall be no storage building allowed other than those that conform to the style of the residence, and they must be contained
within one fence. Any additional structure such as pool house, or storage facility must be of the same material and
finish as the primary residence. Declarant or a Builder may use temporary structures as building offices and other
related purposes. Any other type of permitted outbuilding must be in keeping with the overall character and aesthetics
of the Living Unit located on the Lot. The Architectural Control Committee shall be entitled to review and approve or
disapprove, without limitation, all outbuilding, play structures (including basketball backboards and hoops), and storage
structures. Any such outbuilding will be required to be constructed with material and design that is determined by the
Architectural Control Committee to be architecturally and aesthetically compatible with the design of the Living Unit thereon
and other structures in the Property. All playground and recreational equipment including basketball hoops and back
boards pertaining to a Lot must be placed to the rear of the Living Unit on such Lot. No outbuilding or play structure
will be permitted to (a) be placed on an easement; or (b) be located nearer to a Lot boundary than the applicable building
set-back or side lot line established by Plat or the Declaration. The Architectural Control Committee is hereby authorized
to determine what constitutes a violation of this restriction. Swimming pools are permitted only in the backyard of
a residence.
2.29 Machinery and Equipment
No machinery or equipment of any kind shall be placed, operated or maintained on any lot except such machinery or equipment
as is usual and customary in connection with the use, maintenance or construction (during the period of construction) of an
approved building or other improvements.
•2.30 Motor Vehicles
No motor vehicle of any kind
shall be constructed, reconstructed or repaired upon any Lot, street or other area in the subdivision. No inoperable
vehicle may be stored or parked so as to be visible from Neighboring Property; provided, however, that this provision shall
not apply to emergency vehicle repairs.
2.31 Sidewalks
A sidewalk shall be constructed parallel
to the street in front of the house, setback three feet (3') from the back of the curb, and to extend a the full width
of the Lot. Such sidewalks shall be made of concrete and shall be four (4') in width and at lease four inches (4")
in depth. Corner Lots are required to have sidewalks along both the narrow side and the longer side of such Lots.
2.32 Corner Lot Frontage
Each Living Unit located on a corner Lot shall face the public street having the lesser frontage, unless otherwise approved
by the Architectural Control Committee.
2.33 Parking of Trucks, Buses and Trailers
No truck (Except pick up trucks)
bus, trailer, camper, recreational vehicle, boat, motor home, or inoperable automobile will be left in the street or within
view of the street for any longer than three days and the same vehicle cannot be continuously parked on the premises visible
from the street, except for construction and repair equipment while a residence(s) is being built or repaired in the immediate
vicinity. No truck, (except pick up trucks), bus, boat, trailer or recreational vehicle shall be parked on the driveway
or any portion of the property in such a manner as to be substantially visible from the street; provided, however, that nothing
herein contained shall be construed to prohibit the storage of any unused vehicle in the garage permitted on any lot covered
hereby or obscured from general view by some approved screen or enclosure. No vehicle shall be parked to impede use
of the sidewalk.
2.34 Rubbish, Trash and Garbage Removal
No trash, rubbish, garbage, manure, or debris of any kind shall be kept or allowed to remain on any Lot. The Owner of
each Lot shall remove such prohibited matter from his Lot at regular intervals at the Owner's expense, and prior to such
removal all such prohibited matter shall be placed in sanitary refuse containers in an area adequately screened by planting
or fencing so as not to be seen from neighboring Lots or public or private streets. Reasonable amounts of construction
materials and equipment may be stored upon a Lot for reasonable periods of time during construction of improvements.
All household trash shall be kept in clean closed storage containers and shall be kept from public view at all times except
for scheduled days of municipal garbage pickup. No outdoor incinerators shall be kept or maintained on any Lot.
2.35 Construction of Fences, Walls, and Planters
No fence or wall shall be built forward of the front building setback line on any lot, nor on corner Lots nearer
to the side Lot line than the building setback line parallel to the side street. No fences higher than seven (7')
feet will be allowed unless otherwise approved for such Lots in writing by the Architectural Control Committee, as the case
may be, in its sole judgment and discretion. No chain link fence type construction will be permitted on any Lot.
Approval of the Architectural Control Committee shall be obtained prior to the erection of any fence on any Lot.
All fencing constructed by Lot Owners shall be ornamental wrought iron, brick, concrete, (same as perimeter fence), wood or
as permitted at the discretion of the Architectural Control Committee. The wood fences must be made of 4X4 posts or
steel posts and not of landscape timbers. The owner of each lot shall maintain all such fences including perimeter fences
erected by Declarant on or adjacent to such Lots.
2.36
Overhead Encroachments
No Owner shall allow any tree, shrub or planting of any kind on such Owner's Lot to overhang or otherwise encroach upon
any sidewalk, street, other Lot or area from the ground level to a height of eight feet without the prior consent of Declarant
or the consent of the Owner of the Lot encroached upon.
2.37 Resubdivision
No lot shall be subdivided unless the result is fewer lots with greater area and such subdivision shall require the prior
specific approval of the Architectural Control Committee.
2.38 Oil Development Prohibited
No oil well drilling, oil development operations,
oil refining, quarrying, or mining operations of any kind shall be permitted on a lot, nor shall oil well tanks, tunnels,
mineral excavations, or shafts be permitted on any lot. No derrick or other structure designed for use of boring for
oil, natural gas, or other minerals shall be erected, maintained, or permitted on any Lot.
2.39 Shrubs
and Trees
No shrub or tree planting which
obstructs sight lines at elevations between two and six feet above the roadway shall be planted or permitted to remain on
any corner lot within the triangular area formed by the curb lines of such intersecting streets and a line connecting such
curb line at points twenty-five (25) feet from their intersection, or, in the case of a rounded corner, from the intersection
of a curb line as extended. The same sight line limitations shall apply on any lot with ten feet of the intersection
of a street curb line and the edge of a driveway. No trees shall be permitted to remain with such distances of such
intersections unless the foliage line is maintained at a height of more than six feet above ground level.
ARTICLE THREE
ARCHITECTURAL CONTROL
3.01 Approval of Plans and Specifications
The Architectural Control Committee must review and approve in writing prior to commencement of any construction all of the
following projects on the Property:
- (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 grading of any Lot or Lots.
3.02 Application for Approval
To obtain
approval to do any of the work described in 3.01, an Owner must submit an application to the Architectural Control Committee
showing the plans and specifications for the proposed work. In addition to the floor plans and elevations, the specifications
shall include a plot plan showing the location of the buildings in relation to the perimeter of the Lot.
3.03
Standard for Review
The Architectural Control Committee shall review
applications for proposed work in order to ensure conformity of the proposal with this Declaration and 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.
3.04 Failure of Committee to Act
If the Architectural control Committee fails either to approve or reject an application for proposed work with 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. All submissions to the Architectural Control Committee shall be effective only upon the
signing of a receipt therefore by a member of the Architectural Control Committee. All submissions to the Architectural
Control Committee shall include the name and address of each Lot Owner or Owners and their telephone numbers.
3.05 No Liability
Neither the Declarant, the Architectural Control Committee or the members thereof shall be liable in damages to anyone submitting
plans or specifications to them for approval, or to any owner of any Lot affected by these restrictions by reason of mistaken
judgment, negligence, whether joint or comparative, or other nonfeasance arising out of or in connection with the approval
or disapproval or failure to approve or disapprove any plans, such plans or specifications, including specifically, but without
limitations, consequences of any defect in any plans or specifications. Every person who submits plans or specifications
to the Architectural Control Committee for approval agrees, by submission of such plans and specifications, and every Owner
agrees, that no action will be brought against the Declarant the Architectural Control Committee or any member of any of them
to recover any such damages.
3.06 Enforcement
The terms and provisions run with and bind the land included in the Property, and shall inure to the benefit of and be enforceable
by Declarant or the Owner of any Lot, and by their respective legal representatives, heirs, successors or assigns. The
Declaration may be enforced in any proceeding at law or in equity against any person or entity violating or threatening to
violate any term or provision hereof. The Declarant, Owner of any Lot or their legal representatives may enjoin or restrain
any violation of any term or provision of these Covenants, Conditions and Restrictions and may recover damages. The
Declarant, Owner of any Lot or their legal representatives may enforce any lien created by the Declaration. The failure
of Declarant, or any Owner to enforce any term or provision of the Declaration shall never be deemed a waiver of the right
to do so thereafter. The Owner of any Lot who violates a provision of these Covenants, Conditions and Restrictions will
be responsible to pay for all reasonable attorney's fees, lien fees, filing fees and Court incurred by Declarant or any
other property Owner in enforcing the same.
3.07 Severability
Invalidation of any one of these covenants or restrictions by judgment or court shall in no way affect any other provision
and all other provisions shall remain in full force and effect.
3.08 Duration and Amendment
The covenants, restrictions, and conditions of the
Declaration shall run with and bind the land and shall inure to the benefit and be enforceable by the Declarant or the owner
of any lot subject to this Declaration and shall be effective for a term of fifteen years from the date this Declaration is
recorded unless amended as provided therein. These covenants shall be automatically extended for successive periods
of ten (10) years.
3.09 Amendment
The covenants, conditions, and restrictions of this Declaration may be amended by an instrument signed by a majority (over
fifty percent) of the owners of the lots. Each lot Owner being entitled to one vote for each lot owned. No amendment
shall be effective until recorded in the deed records of Cameron County, Texas, nor until the approval of any governmental
regulatory body, which is required, shall have been obtained. Notwithstanding the foregoing, the Declarant reserves
the right for a period of one year after the filing of these Restrictions to unilaterally amend these Restrictions by filing
a record of Amended Restrictions. Thereafter, the Declarant may amend these Restrictions without the joiner of any other
person, in order to correct any error or omission, or to effectuate the general intent and scheme of this Subdivision and
of these Restrictions.
EXECUTED by the said Declarant this ________ day of ___________ 2006
McGee-Autrey
Management Co. Inc., A Texas Corporation
By: ______________________________________
Warren Ray Murphy
President of McGee-Autrey Management Co.
Inc.
THE STATE OF TEXAS
§
§
COUNTY OF CAMERON
§
This insturment was
acknowledged before me on ______________, 2006 by Warren Ray Murphy - President of McGee-Autrey Management Co.
Inc.
____________________________________
mmm
