I- ,,lJ i,14 ,,4 53 - Suncreek Ranch

1 I- ,,lJ i,14 ,,453I1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSIL FORU q;a Suncreek Ranch -SECTION ONESTATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:COUNTY OF BRAZORIA This Declaration, made on the date hereinafter set forth by houston Lipar, LTD, alimited partnership, duly authorized to do business in the state of Texas, hereinafter referredto as "Developer",WITNESS E T H:WHEREAS, Developer is the owner of that certain tract of land known as" Suncreek Ranch " being a Subdivision of acres more or less, located in theAndrew Robinson Survey, A-43, Brazoria County, Texas, and according to the plat ("Plat") ofsaid SUNCR Ranch , recorded in the office of the County Clerk of Brazoria County,Texas in Ge 2 , Sheet4/-,Jz ., Map Records of said county, (hereinafterreferred to as the "Property" or the "Subdivision"); andWHEREAS, it is the desire of Developer to place certain restrictions, easements,covenants, conditions, stipulations and reservations (herein sometimes referred to as the"Restrictions") upon and against such Property in order to establish a uniform plan for thedevelopment, improvement and sale of the Property, and to insure the preservation of suchuniform plan for the benefit of both the present and future owners of Lots in said Subdivision.

2 NOW, THEREFORE, Developer hereby adopts, establishes and imposes upon theSubdivision known as Suncreek Ranch , and declares the following reservations,easements, restrictions, covenants and conditions, applicable thereto, all of which are for thepurposes of enhancing and protecting the value, desirability and attractiveness of saidProperty, which Restrictions shall run with said Property and title or interest therein, or anypart thereof, and shall inure to the benefit of each Owner thereof, except that no part of thisDeclaration or the Restrictions shall be deemed to apply in any manner to the areasidentified or platted as a Reserve or Unrestricted Reserve on the Plat or to any area notincluded in the boundaries of said Plat. Developer also declares that this Subdivision shallbe subject to the jurisdiction of the "Association" (as hereinafter defined).

3 ARTICLE IDEFINITIONSS ection "Annexable Area" shall mean and refer to any additional propertymade subject to the jurisdiction of the Association pursuant to the provisions set forth herein,including, without limitation any other Sections of Suncreek Ranch Subdivision, if any,Developer may plat any property adjacent to or in the proximity of the Property which theDeveloper may wish to include in the jurisdiction of the "Association" shall mean and refer to Suncreek RANCHP roperty Owners Association, and its successors and " Suncreek Ranch " shall mean and refer to this Subdivision and anyother sections of Suncreek Ranch hereafter made subject to the jurisdiction of "Board of Directors" shall mean and refer to the Board of Directors ofthe Association.

4 <ng\ Section "Builders" shall mean and refer to persons or entities that purchase Lotsr build speculative or custom homes thereon for third party purchasers.<Li3l 1^)Declaration of Covenants Conditions and RestrctionsCERTIFIED COPY CERTIFICATESTATE OF TEXASCOUNTY OF BRAZORIAThe above and rxepohg hI a tul, true and ccrrectD or t_) lZqraphic copy of the orional record nrow in my lawfincustody and posselssion, as the .satrn is flied/reCorded klthe public records I my ioffice. I hereby certify on L -I aJOYCE HUDOMANBR,U NTY,TEXASBY~ ~ ~ Pn DEPUTYS ection "Common Area" shall mean all real property (including the improvementsthereto) within the Subdivision owned by the Developer and/or the Association for thecommon use and enjoyment of the Owners and/or any other real property andimprovements, including, but not limited to, parks, open spaces, lakes, lake road crossings,dams, greenbelt areas and other facilities and areas designated on the Plat within theCommon Area to which the Owners may hereafter become entitled to use.

5 ,Section "Contractor" shall mean and refer to the person or entity with whom anOwnei contracts to construct a residential dwelling on such Owner's "Developer" shall mean and refer to houston Lipar, LTD., and anysuccessor(s) and assign(s). However, no person or entity merely purchasing one or moreLots from houston Lipar, LTD., in the ordinary course of business shall be considered a"Developer."Section "Lot" shall mean and refer to any plot of land identified as a Lot or tracton the plat of the Subdivision. For purposes of this instrument, "Lot" shall not be deemed toinclude any portion of any 'Common Areas," "Reserves," "Restricted Reserves" or"Unrestricted Reserves," (defined herein as any Common Areas, Reserves, RestrictedReserves or Unrestricted Reserves shown on the Plat) in the Subdivision, regardless of theuse made of such area.

6 No lot maybe resubdivided without the prior written consent of "Member" shall mean and refer to every person or entity that holds amembership in the "Owner" shall mean and refer to the record owner, whether one or morepersons or entities, of fee simple title to any Lot or reserve which is a part of the Subdivision,including (i) contract sellers (a seller under a Contract-for-Deed), but excluding those havingsuch interest merely as security for the performance of an obligation, (ii) Developer (exceptas otherwise provided herein), and (iii) "Living Area" shall mean and refer to the area computed using exteriordimensions of the entire living area of a residence, that is heated and cooled; both floorsof a two story residence excluding attic, garage, basement, breezeway or IIRESERVATIONS, EXCEPTIONS AND DEDICATIONSS ection Recorded Subdivision Map of the Property.

7 The plat ("Plat") of theSubdivision dedicates for use as such, subject to the limitations as set forth therein, theroads, streets and easements shown thereon. The Plat further establishes certainrestrictions applicable to the Property. All dedications, restrictions and reservations createdherein or shown on the Plat, replats or amendments of the Plat of the Subdivision recordedor hereafter recorded shall be incorporated herein and made a part hereof and shall beconstrued as being included in each contract, deed, or conveyance executed or to beexecuted by or on behalf of Developer, conveying said Property or any part thereof whetherspecifically referred to therein or Easements. Developer subject to the provisions of Section hereoffor Composite Building Sites, reserves for public use the utility easements shown on the Plator that have been or hereafter may be created by separate instrument recorded in the RealProperty Records of Brazoria County, Texas, for the purpose of constructing, maintainingand repairing a system or systems of electric lighting, electric power, telegraph andtelephone line or lines, gas lines, sewers, water lines, storm drainage (surface orunderground), cable television, or any other utility the Developer sees fit to install in, acrossand/or under the Property.

8 Developer and its assigns further expressly reserves the right toenter upon any Lot for the purpose of constructing or maintaining any natural drainageDeclaration of Covenants. Conditions and Restrictions CERTIFED C CERTIFiCATESTATE OF TEXASCOUNlY OF BRAZORIAThe above and foegong is a fig, true and correctphotographic copy of the original record now In my lawludcustody and possession, as is lled/recorded inthe public records of myoltice. I hereby certify on L/-r)Jt JOYCE HUDMAN8 BY r) <'T;'r TEA S(M S~~~~~. PENA pattern, area or easement. All utility easements in the Subdivision may be used for theconstruction of drainage swales in order to provide for improved surface drainage of theReserves, Common Area and/or Lots. The Property Owners Association, the Developer andtheir assigns shall have the right to enter upon any Lot for the purpose of improving,constructing or maintaining the drainage facilities in the drainage easements shown on theplat of the subdivision.

9 The Property Owners Association at its expense, shall maintain alldrainage facilities as shown on the plat of the subdivision as well as any outside drainageeasements referenced on the plat. Further, fences shall not be constructed within or acrossany drainage easement as shown on the plat of the subdivision as well as any outsidedrainage easements referenced on the plat. Should any utility company furnishing a servicecovered by the general easement herein provided request a specific easement by separaterecordable document, Developer, without the joinder of any other Owner, shall have the rightto grant such easement on said Property without conflicting with the terms hereof. Any utilitycompany serving the Subdivision and/or any Utility District serving the Subdivision shall havethe right to enter upon any utility easement for the purpose of installation, repair andmaintenance of their respective facilities.

10 Neither Developer nor any utility company, waterdistrict, political Subdivision or other authorized entity using the easements herein referred toshall be liable for any damages done by them or their assigns, agents, employees, orservants, to fences, shrubbery, trees and lawns or any other property of the Owner on theproperty encumbered by said Title Subiect to Easements. It is expressly agreed and understood thatthe title conveyed by Developer to any of the Lots by contract deed or other conveyance shallbe subject to any easement affecting same for roadways or drainage, water line, gas, sewer,electric lighting, electric power, telegraph or telephone purposes and other easementshereafter granted affecting the Lots. The Owners of the respective Lots shall not be deemedto own pipes, wires, conduits or other service lines running through their Lots which areutilized for or service other Lots, but each Owner shall have an easement in and to theaforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Developer may convey title to said easements to the public, a public utility company orthe Utility Easements.