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CAUSE NO. 18-04-05545
CUMBERLAND CROSSING IN THE DISTRICT COURT OF
PROPERTY OWNERS
ASSOCIATION
Plaintiff,
MONTGOMERY COUNTY, TEXAS
MISS. VICTORIA DE LOS ANGELES
BARRON AND
ANGEL ABRAHAM BARRON
Defendants. JUDICIAL DISTRICT
FIRST AMENDED EXHIBIT LIST OF PLAINTIFF
Proceeding: (Trial)
DATE
NO. | DESCRIPTION OFFR | OBJ ADMIT | N/ADM
Declaration of Covenants, C onditions and
Restrictions for Cumberland Crossing
Section One
Warranty Deed with Vendor’s Lien
General Warranty Deed
Statement of Account
Letters to Defendant
Attorney Fee/C ost list
2005-050974
823-10-2523
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR CUMBERLAND CROSSING, SECTION ONE
A SUBDIVISION IN MONTGOMERY COUNTY, TEXAS
gee
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY $
This Declaration, made on the date hereinafter set forth by F.M. 1314 JOINT VENTURE,
LTD., a Texas limited partnership, hereinafter called “Declarant”, said corporation having its
principal offices in Conroe, Montgomery County, Texas.
WHEREAS, Declarant is the owner of the following described land and premises in
Montgomery County, Texas, to-wit:
All that certain tract or parcel of land known as CUMBERLAND CROSSING,
SECTION ONE, a subdivision of 17.216 acres of land in the p. Hunter Survey,
Abstract 2, Montgomery County, Texas (the Subdivision”), the Subdivision being
comprised of 69 Lots in 2 Blocks; a map or plat of the Subdivision being recorded
in Cabinet X, Sheets 155 and 156, of the Map Records of Montgomery County,
Texas, reference to which is here made for all purposes; and
WHEREAS, it is the desire of Declarant to provide for the preservation of the values and
amenities in the Subdivision and, to this end, to subject the Subdivision to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which are for the
benefit of the CUMBERLAND CROSSING, SECTION ONE and such other properties as have
heretofore or may hereafter be brought within the general scheme of development of
CUMBERLAND CROSSING, and the owners thereof;
NOW THEREFORE, Declarant does hereby dedicate the streets, easements, drives and
parkways in said CUMBERLAND CROSSING, SECTION ONE, for use by the public as such,
reserving the right to itself, its successors and assigns, to, at any time, use the same for the
installation, maintenance, repair and renewal of any and all public utilities, and declares that the land
shown to be subdivided, according to the hereinabove mentioned plat, is held, and shall hereafterbe
conveyed, subjectto the covenants, reservations, conditions, stipulations, easemen
and restrictions
ts
as hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration, shall have the following meanings
(unless the context clearly indicates otherwise):
1
hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by farer> Wyte Deputy
Issued [0-2¢-/8
823-10-2524
A “Declarant” shall mean and refer to F.M. 1314 JOINT VENTURE, LTD., the
Declarant herein, and to any entity which succeedsto all or substantially all of the Properties by any
merger, consolidation, or conveyance.
B. “Propertieshall
s” mean and refer to CUMBERLAND CROSSING, SECTION ONE,
subject to the reservations and exceptions set forth herein and/or in the Subdivision Plat, and any
additional properties brought within the general scheme of development of CUMBERLAND
CROSSING or made subject to the terms hereof pursuant to the provisions set forth herein or in a
separate document.
c. “Street” shall mean and include any street, drive, boulevard, road, alley, lane,
avenue, or any place shown on the Subdivision Plat as a thoroughfare.
D. “Lot” and/or “Lots” shal! mean and refer to any of the numbered lots shown upon
the Subdivision Plat of CUMBERLAND CROSSING, SECTION ONE, all of which are restricted
hereby to use for residential purposes, but shall not include any Reserve or Restricted Reserve
designated or depicted on the Subdivision Plat.
E. “Owner” shall mean and refer to the owner(s), whether one or more persons or
entities, of the fee simple title to any lot which is part of the Properties, In the case of an executory
contract of sale or contract for deed covering any lot, the “Owner” shall be the purchaser named in
the contract. “Owner” shall not mean or refer to any person or entity holding only a lien, easement,
mineral interest, or royalty interest in a Lot.
F. “Subdivision Plat” shall mean and refer to the map or plat of CUMBERLAND
CROSSING, SECTION ONE, recorded in Cabinet X, Sheets 155 and 156, of the Map Records of
Montgomery County, Texas.
G. “Association” shall mean and refer to the Cumberland Crossing Property Owners
Association, a Texas non-profit corporation, andto any non-profit corporation which succeeds to all
or substantially all of its assets by any merger, consolidation, or conveyance of. ‘assets, as provided
forin ARTICLE VIII hereof.
i. “Architectural Control Committee” shall mean and refer to the Cumberland
Crossing Architectural Control Committee, as provided for in ARTICLE VI hereof.
L “Member” shall mean and refer to a member of the Association during the period
of such membership, and shall include the Declarant and the Owner (during the period of his
2
\ hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Z
Montg: gmery County, Texas
by me on Deputy
Issued 10- 24-78
823-10-2525
ownership) of each Lot as hereinafter set forth in ARTICLE VIII hereof. “Member”
shall also
include the owner of any portion of the Properties if such owner is expressly declared to be a
member ofthe Association by the provisions ofthis Declaration or by a separate document.
i “Community Properties” shall mean and refer to any properties, real or personal,
hereafter conveyed to or otherwise acquired by the Association for the use and benefit of the Owners
or Members or otherwise dedicated such Owners or Members. References hereinafter made to
“Community Properties” shall mean such properties whenever acquired by the Association, The
term shall not apply to any property acquired by the Association pursuant to a foreclosure of the
vendor's lien provided for in Paragraph D of Article VIII below unless such property is later
dedicated by the Association for the use and benefit of the Owners or Members.
kK “FHA” shall mean and refer to the Federal Housing Administration.
L “VA” shail mean and refer to the Veterans Administration.
M. “Corner Lot” shall mean and refer to a Lot which abuts on more than one Street.
Any Lot, except a “Comer Lot”, is deemed to front the Street upon which it abuts. A “Comer Lot”
shall be deemed to front on the side of the Lot having the deepest building setback line, as depicted
on the Subdivision Piat.
N. “Reserve” or “Reserves” shall mean and refer to any area or areas designated on the
Subdivision Plat as reserves,
0. “Builder” shall mean and refer to the Owner of a Lot who owns the Lot for the sole
purpose of building a residence for sale to third parties and is designated in writing as a Builder by
Declarant. Ifa Builder sells, rents or leases a Lot to a third party, he shall cease to occupy the status
of a Builder with respect to such Lot.
P. “Annexable Area” shall mean and refer to (i) the residual of that certain 248.93 acres
conveyed
to Mark W. Martin, Trustee, by Deed filed for record in the Official Public Records of
Real Proper
of Montgomery
tyCounty, Texas under Clerk’s File No. 2000-108700 and referenced
on the Subdivision Plat, (ii) the residua
of that certain
l 10 acres conveyed
to Tom A. Martin by Deed
filed for record inthe Official Public Records of Real Property of Montgomery County, Texas under
Clerk’s File No, 2000-043750, and referenced on the Subdivision Plat, (iii) the residual of that
certain 34,968 acres conveyed to Mark W. Martin, Trustee, by Deed filed for record in the Official
Public Records of Montgomery County, Texas under Clerk’s File No. 2000-055443, and referenced
3
Thereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
these County,"toe
Deputy
Issued 70. ae
823-10-2526
on the Subdivision Plat, and (iv) any other tracts or parcels of land situated adjacent to the
Subdivision and now or hereafter owned by Declarant or any of Declarant’s partners or principals,
ARTICLE IT
RESTRICTIONS
Declarant declares, covenants and agrees that, for the purpose of creating and carrying out
uniform plan for development, improvement and sale of property in CUMBERLAND CROSSING,
SECTION ONE, as a restricted subdivision, and for the purpose of preserving
the value, amenities,
desirability and attractiveness of the Subdivision, the Lots are held and shall be hereafter conveyed
‘subject to the covenants, conditions, stipulations, easements and restrictions herein set forth; and
same shall be considered a part of each contract, deed or conveyance affecting said Lots, or any
porti
of same, on
as though fully incorp
therein;
orated
and same shall constitute covenants running
with the land, and shall be binding upon and shall inure to the benefit of Declarant and its successors
and assigns
and all subsequent purchasers ofsaid Lots or any portion
of same.
ARTICLE 0
IERV, EX :D) (ON:
A ‘The Subdivision Plat dedicates for use as such, subject to the limitations set forth
therein, the streets and easements shown thereon, and such Subdivision Plat further establishes
certain restrictions applicable to the Subdivision, including, without limitation, certain minimum
setback lines, All dedications, limitations, restrictions and reservations shown on the Subdivision
Plat are incorporated 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 Declarant, conveying said property
depicted thereon or any part thereof, whether specifically referred to therein or not.
B. All sales and conveyances of Lots by contract, deed or other conveyance and
dedications of streets in the Subdivision shall be subject to the easements and rights-of-way as shown
on the Subdivision Plat, and to any easements over, under, along or across such portion of each
Lot,
as may be reserved in each deed, as being appropriate or necessary for the purpose of installing,
using, repai
and maintaining
ring public utilities, water, sewer lines, electric lightin
and telephone
g
poles, pipe lines, drainage ditches or structures, and/or any equipment necessary for the performance
of any public or quasi-public utility service and functioning, with the right of access thereto for the
purpose of further construction, maintenance and repairs. Such easem shall beents
for the general
4
1 hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
py Dharm p~Obim? Deputy
Issued l0-24-/8
823-10-2527
benefit of the Subdivision and the owners of the Properties and are hereby reserved and created in
favor of any and all utility companies into and upon said property for the purposes aforesaid.
C. Declarant reserves the right, in Declarant’s sole judgment and discretion, to make
changes in and: additions to the above easements for the purpose of most efficiently and economically
installing the improvements, but such changes and additions shall be reserved and created in favor
of any and all utility companies into and upon said Lots for the purposes hereinabov
set forth,
e
D. Neither Declarant nor any utility company using the casements referred to herein shall
be liable for any damages done by them, or their assigns, agents, employees or servants, to fences,
shrubbery, trees, flowers, structures or buildings or other property situated on the land covered by
such easements as a result of construction, maintena
or repair
nce work conduct
by Declarant,
ed the
utility company or their assigns, agents, employees or servants.
E Itis expressly agreed and understood that the title conveyed by Declarant to any Lot
or other parce! of land within the Properties by contract, deed or other conveyance shall convey no
interest in any pipes, lines, poles or conduits, or in any utility facility or appurtenances thereto
constructed by or under Declarant, any utility company or any easement owner, or their agents,
through, along or upon the premises affected thereby, or any part thereof, to serve said land or other
portion of the Properties, or the right to maintain, repair, sell or lease such appurtenances to any
municipalit
or other
y govern
agency
mental
or to any public service: ‘corporation or to any other party,
and such right is hereby expressly reserved.
FE. Declarant shall have the right (but shall never be obligated) to subdivide or
resubdivide into Lots, by recorded plat or in any other lawful manner, all or any part of the property
in CUMBERLAND CROSSING, SECTION ONE.
G. CUMBERLAND CROSSING, SECTION ONE, is part ofa larger tract or block of
land owned by Declarant, While Declarant may subdivide other portions of its property, or may
subject the same to a declaration, Declarant shall have no obligation to do so, and if Declarant elects
todo so, any subdivision plat or declaration executed by Declarant with respect to any ofits property
may be the same or similar or dissimilar to the Subdivision Plat covering CUMBERLAND.
CROSSING, SECTION ONE, or any part thereof, or to this Declaration.
5
| hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by Bhs gi Wb Deputy
Issued 10-?7%-/38
823-10-25298
ARTICLE IV
USE
OF LAND
A. Single
Resi Familydential
Purposes. Except as otherwise provided in the last
sentence of this paragraph, all Lots shall be used for single family residential purposes only
(hereinafter sometimes referred to as “Residential Lots”), and no business, professional, commercial
or manufacturing use shall be made of any of said Lots, even though such business, professional,
commercial or manufacturing use be subordinate to use of the premises as a residence. Except as
otherwise provided in the last sentence of this paragraph, no structure other than one single family
residence and its outbuildings shall be constructed, placed on, or permitted to remain on any Lot in
the Subdivision. As used herein, the term “residential purposes” shal! be construed to prohibit the
use of said Lots for duplex houses, garage apartments for rental purposes or apartment houses. Each
Residential Lot shall be occupi
by only ed
one (1) family. The term. “single family” as used herein
shall refer not only to the architectural design of a dwelling but also to the status and permitted
sumber of inhabi
whichtants,
shall be limited to the Owner or the Owner’s tenant and such Owner's
or tenant's immediate family (i.e., any number of persons related by blood, adoption or marriage)
and not more than one (1) person not so related. Nothing herein shall be construed to prohibit
Declarant or a Builder from constructing, placing, or maintaining on any Lot or Lots one or more
model homes or sales offices, and Declarant expressly reserves on behalf of itself and any Builder
the right and privilege to so construct, place or maintain such structures on any Lot in the
Subdivision.
B. Signs. No signs, billboards, posters or advertising devices of any kind shall be
erected, permitted or maintained on any Lot within the Subdivision without the express prior written
consent of the Architectural Control Committee except (a) one sign of not more than five(5) square
feet advertising the particular Lot or tract on which the sign is situated for sale or rent, and (b) one
sign of not more than five (5) square feet to identify the particular Lot as may be required by FHA
or VA during the period of actual construction of a single family residential structure thereon. The
right is reserved by Declarant to construct and maintain or to allow Builders within the Subdivision
to construct and maintain, or to assign such rights to such entities and successors or assigns of such
entities as it deems fit to construct and maintain such signs, billboards and advertising devices as is
customary in connection with the general sale of propertyin the Subdivision,
6
| hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by faror Dog Deputy
Issued g- PF-13
823-10-2529
Cc. Ani ‘No farm animals, livestock, poultry or exotic animals of any kind shall be
raised, bred or kept on any Lot. Not more than two (2) dogs, cats or other domestic household pets
may be kept, provided that they are not kept, bred or maintai for commercial
ned purposes. All such
pets shall be kept within the boundaries of the Lot unless on a leash and accompanied by the owner.
Allpens and enclosures having to do with the animals must be approved by the Architectural Control
Committee and shall be built in a workmanlike manner with new materials and kept in a clean and
sanitary condition.
D. Nuisances. No noxious or offensive trade or activity shall be carried
on upon any
Lot or other tract within the Subdivision nor shall anything be done thereon which may be or
become an annoyance or nuisance to the neighborhood. No part of any Lot or any improvements
situated thereon shall be put to any industrial, manufacturing or other use which may become an
annoyance or nuisance to the neighborhood or which maybe offensiveby reason of odor, fumes,
dust, smoke, noise, vision, vibrations, or pollution, including
but not limited to , factories, slaughter
houses, tanneries, or truck stops, or which are hazardous by reason of the excessive danger of fire
orexplosion. The Association shall have the sole and absolute discretion and authorityto determine
what conditions or activities constitute a nuisanc
or annoyance
e to the neighborhood,
E. Firea and rms
Fireworks. The use or discharge of firearms or fireworks in the
Subdivision is strictly and expressly prohibited.
F. Sale
of Alcohol. No spiritous, vinous, malt or medicated bitters capableof
producing intoxication shall ever be sold or offered for sale on any Lot or any part thereof, nor shall
said premises or any part thereof be used for illegal or immoral purposes.
G. ‘Vehicle Repair. No Owner of any Lot in CUMBERLAND CROSSING, SECTION
ONE, nor any visitor or guest of any Owner shall be permitted to perform work on automobiles or
other vehicles in driveways or streets abutting such Lots other than work of an emergency or
temporary nature on the Owner’s, visitor's or guest’s vehicle.
i Construction Work. Except in an emergency or when other unusual circumstances
exist, as determined by the Board of Directors of the Association, outside construction work or noisy
interior construction work shall be permitted on weekdays only after 7:00 a.m. and before
9:00 p.m.,
on Saturdays only after 7:00 a.m. and before 7:00 p.m., and on Sundays only after 10:00 a.m. and
before 6:00 p.m.
7
| hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
py_4hat. Ocho na Deputy
Issued (6° 29-/2
823-10-2530
L Mailbo
House xes.
Numbers, Etc. Mailboxes, house numbers and similar items used
in CUMBERLAND CROSSING, SECTION ONE, must be harmonious with the overall character
and aesthetics of the community and the decision of the Architectural Control Committee that any
Such item is not so harmoniou
is final.
s In the event any mailbox is replaced because of damage,
destruction, deterioration or any other reason, the replacement shall be the same (or as nearly so as
possible) as the original mailbox, unless otherwise approved by the Architectural Control
Committee.
t ‘Trash, Rubbish Garbage, Etc, No trash, rubbish, garbage, manure, debris, or
offensive material of any kind shall be kept or allowed to remain on any Lot, nor shall any Lot be
used or maintained as a dumping ground for such materials, In a manner consiste
with nt
good
housekeeping, the Owner of cach Lot shall remove such prohibited matter from his Lot at regular
intervals at his expense; and prior to such removal, all such prohibited matter shall be placed in
sanitary refuse containers constructed of metal, plastic or masonry materials with tightfitting sanitary
covers or lids and placed in an area adequately screened by planting or fencing so as not to be seen
from neighboring Lots or the Street. Equipment used for the temporary storage and/or disposal of
such material prior to removal shall be kept in a clean and sanitary condition and shall comply with
all current laws and regulatio
and ns
those which may be promulgated in the future by any federal,
state, county, municipal or other governmental body with regard to environmental quality and waste
disposal,
K ‘Storage. No Lot shall be used for the open storage of any materials whatsoever,
which storage
is visible from
the Street, except that new building materials used in the construction
of improvements erected upon any Lot may be placed upon such Lot at the time construction is
commenced, and then such materials shall be placed within the property lines of the Lot or parcel
of land upon which the improvements are to be erected with the exception that during construction
of the original improvements some building materials may be placed or stored between the
pavem and the ent
property line. Such materials may be maintained thereon for a reasonable
time,
So long as the construction progresses without undue delay, after which time these materials shall
either be removed from the Lot or stored in a suitable enclosure on the Lot. Underno
circumstances shall building materials be placed or stored on the Street paving.
8
I hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by Ahakon~ Li beor~ Deputy
Issued /0-74-/2
8235-10-2531
L Driveway Access, Each Lot, except Comer Lots, shall have direct driveway access
from the Street or Cul-de-sac abutting such Lot. Comer Lots shall have direct driveway access to
the Street to which such Lot fronts unless access via the side Street is approved in writing by and in
the sole and absolute discretion of the Architectural Control Committee. Driveways shall be
constru
of concrete
cted unless otherwise approved by the Architectural Control Committee. Unless
otherwise approved in writing by and in the sole and absolute discretion of the Architectural Control
Committee, a garage on a Lot which fronts on a Cul-de-sac shall have direct driveway access only
from the abutting Cul-de-sac
Street. The Owner of each Lot shall construct and maintain at his
expense the driveway
from his garage to the abutting Cul-de-sac or Street, whichever is permitted,
including the portion in the Street easement, and he shall repair at his expense any damage to the
‘Street or Cul-de-sac occasioned by connecting his driveway thereto. No Owner ofa Lot shall have
the right, by virtue of such ownership, to make any improvement to any Street or Cul-de-sac.
M. Landscaping. The Owner of each Lot upon which is located a residence, as a
minimum, shall fully sod or sprig with grass and maintain the area between the front of his residence
and the curb line of the abutting Street and must plant shrubs around the front of the dwelling and
comply
with such other requirements as may be promulgated from time to time by the Architectural
Control Committee...
N. Maintenance
of Lots and Improvements. The Owner of each Lot upon which a
reside
or other improvement
nce is located
shall keep such improveme
in nts
a good, attractive
and neat condition. If, in the opinion of the Board of Directors of the Association or the
Architectural Control Committee, any residence or other improvement is in need of painting or
repairs, the Owner shall promptly paint or repair such improvements upon receipt of notice
thereof from the Board or Architectural Control Committee,
ARTICLE V
ARCHITECTURAL RESTRICTIONS
A. Dwellings: Garages. Only one single family residence, which shall be a dwelling
of one story, one and one-half story, or two story construction, shall be built or permitted on each
Lot. No dwellings in excess of two stories shall be permitted. All Lots shall have an enclosed
garage, cither attached or detached, for not less than two cars nor more than three cars. Carportson
Lots are prohibited.
9
I hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
py 4haio Xebor— Deputy
Issued dc PIME
823-110-2552
B. Prohibited Dwellings, Ete. No struofctur
any temporary
e character, motor home,
recreational vehicle, 18-wheeler, boat, trailer, basement, tent, shack, garage, bam or other
outbuildings shall be used on any Lot at any time as a residence, either tempora
or permanently,
rily
nor placed or stored thereon except as may be otherwise provided in this Declaration. A temporary
building may be placed on a Lot only if such building is necessary as a construction shack, and its
placement on the Lot shall be allowed only if approved by the Architectural Control Committee upon
prior request in writing made to the Architectural Control Committee. Additionally, permanent
storage buildings may be constructed or placed on a Lot with the prior written approval of the
Architectural Control Committee,
Cc. Homes, lomes,W3 No
mobile homes, manufactured homes or prefabricated homes shall be permitted on any Lot, No
residence or other building of any kind or character, other than a storage building approved by the
Architectural Control Committee, shall be moved onto any Lot, it being the intention that only new
construction be placed and erected thereon, No water well, septic tank, disposal plant, outside toilet
or cesspool shall be built on any Lot or maintained thereon. Provided, however, that Declarant, its
sales agents, successors and assigns, reserves the exclusive right to erect, place and maintain such
facilities upon any portions of the Subdivision, or to grant Builders the right of erection, placement
and maintenance of such facilities upon any portion of the Subdivision as Declarant, its successors
and assigns, in its sole discretion, may deem necessaryot convenient while selling Lots, selling or
constructing residences and/or constructing other improvements in the Subdivision. Such facilities
may include, but shall not necessarily be limited to, sales and construction offices, storage areas,
model units and portable
toilet facilities.
D. Required Fronting of Dwellings. Unless otherwise approved in writing by the
Architectural Control Committee, or unless otherwise stipulated herein, all improvements shall be
constructed on the Lot so as to face the Street upon which such Lot fronts.
E. Dwelling
on Corner s
Lots. Dwellings on Comer Lots shall have a presentable
frontage on all Streets on which the particular Corer Lot fronts and must be fenced on both sides.
F, Mini
Size mum
of Dvellings. The ground floor area of any one-story, single family
dwelling, exclusive of open porches and garages, shall contain not less than 1,200 square feet of
living space, The ground floor area of any one and one-hal
story or ftwo story, single family
10
oo
i hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by hater’ (har Deputy
Issued _— /0- 29-8
823-10-2535
‘dwelling, exclusive
of open porches and garages, shall contain
not less than 800 square
feet of living
space, and the total living area of any one and one-half
or two story, single family dwelling,
exclusive of porches and garages, shall contain not less than 1,800 square feet of living space. No
welling larger than 3,100 square feet, exclusive of open porches and garages, may be builtor
maintained
on any Lot or Lots.
G. Building Lines, Setbacks, Easements,
Etc. The building lines of any residenceto
be erected in CUMBERLAND CROSSING, SECTION ONE are as follows, provided that, for the
Purposes of these Restrictions, the front of each Lat shall coincide with and be the property
line
having the smallest or shortest dimension abutting a Street. Unless otherwise
approved by the
Architectural Control Committee, each main residence building will face the front ofthe Lot, and
each attached or detached garage will either face upon the front lot line or face upon a line drawn
perpendicular to the front lot line, and shall not be located nearer to the front lot line than the
minimum building setback lines shown on the Subdivision Plat or provided
for herein. Driveway
access will be provided from the front lot line only, except that said access may be provided to
Comer Lots from a side street. No building shall be located on any Lot nearer to the front lot line
or nearer to the side street line than the minimum setback lines shown on the Subdivision Plat. No
building shall be located on any Lot nearer minimum setback lines or easement
along any Lotsline,
Unless a greater building setback line is shown on the Subdivis
Plat, no building
ion shall be located
nearer than five (5) feet to an interior lot line. No accessory or storage building shall be erected on
any Lot nearer than any applicable building setback line or éasement on any property line of said Lot.
Various Lots have been subjectedto drainage easements as depicted on the Subdivision Plat.
iH Fences,
Structures,
Walls, Hedges, Etc, All fences must have prior written approval
by the Architectural Control Committee. No fence
or wall shall be erected, placed or maintained on
any Lot nearer to any Street than the minimum building setback lines as shown on the Subdivision
Plat, Additionally, and notwithstanding the foregoing, no fence or wall shall be erected, placed or
maintained on any Lot nearer to the front property line than ten feet (10°) behind the front facade of
the home. All fences shall be a maximum of six feet (6')in height and constructed
of cedar or other
natural wood product unless otherwise approved in writing
by the Architectural Control Committee.
‘The erection of chain link, barbed wire or other wire fences on any Lot is expressly prohibited. No
fence, wall, structure, hedge, or shrub planting which obstructs sight lines shall be placed or
1
hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
py dhato. LOLbIer-~ Deputy
Issued \- 9G /B
823-10-2534
permitted to remain on any Comer Lot within the triangular area formed by the street property lines
anda line connecting them at points twenty-five feet from the intersection of the street property lines
extended.
L Ante
Acrials,
nnas Satellite .
Dishes. No exterior antennas, aerials, or other
apparatus for the reception of television, radio, or other signals of any kind shall be placed,
allowed, or maintained upon any portion ofthe Property, including any dwelling, which is visible
from any street, common area or other Lot unless it is impossible to receive signals from said
location. In that event the receiving device may be placedin a visible location as approvedby
the Architectural Control Committee. No antenna mast may exceed the height of twelve inches
(12") above the center ridge of the roof line. The Architectural Control Committee may require
as much screening as possible while not substantially interfering with reception. The Declarant
and/or the Association shall have the right, without obligation, to erect or install an aerial,
satellite dish, master antenna, cable system, or other apparatus for the transmission of television,
radio, satellite or other signals for the benefit of all or a portion of the Property. The size and
Jocation ofail satellite dishes must be approved in writing
by the Association prior to installation.
No satellite dishes which are larger than sixteen inches (16") in diameter shall be permitted on
the roof of a Dwelling. All satellite dishes which are not located on the roof must be in the rear
of the Dwelling in a fenced yard so that it is not visible from the Street and may be no larger than
four feet (4°) in diameter. ‘No exterior antennas, aerials, satellite dishes, or other apparatus shall
be permitted which transmit television, radio, satellite or other signals of any kind shall be
placed, allowed, or maintained
upon any portion
of the Properties. The Declarant, by
promulgating
this Section, is not attemptingto violate the Telecommunications Act of 1996 (“the
1996 Act”), as may be amended from time to time. This Section shall be interpreted
to be as
Testrictive as possible while not violating
the 1996 Act.
In the event it is impossible to receive a signal from a non-visible location, the installation
of antennas shall be subject to rules and regulations which may be promulgated by the
Association setting out preferred alternate locations for antennas,
J Exterior Material, Ete. Unless otherwise approved by the Architectural Control
Committee, at least fifty (50%) percent of the front of each single family dwelling built in
CUMBERLAND CROSSING, SECTION ONE, excluding gables, windows and door openings,
12
| hereby certify that this is a true and correct
copy of the original record on file in my office
Mark Turnbull, County Clerk
Lhbaker
mery County, Texas
oe te ay Deputy
Issued 0: 24-/38
823~10-2535
must be of masonry, brick veneer
or stone. No garage
or permitted accessory building shalt
exceed in height the dwelling to which they are appurtenant without the written consent ofthe
Architectural Control Committee. Every garage and permitted accessory building, except a
greenhouse, shall correspond in style and architecture to the dwelling
to which it is appurtenant,
K. { Buildings. No building of any kind or character which incorporates
frame construction on the exterior shall be erected on any Lot unless same, at the time of
construction, shall receive at least two coats of paint, unless the exterior is of redwood or cedar
material.
L Removal of Dirt, Gravel, Iron Ore, Ete, The digging and removal of dirt,
gravel, iron ore, or any other surface substance on any Lot is expressly prohibited
except as may
be necessary in conjunction with the landscaping or construction on such Lot. Further, there
‘shall be no timber cut or trees removed on any Lot except as may be necessary in the construction
of a dwelling
thereon without the written approval of the Architectural
Control Committee.
M. Property Maintenance. Grass and weeds shall be kept mowed to prevent unsightly
appearance. Dead or damaged trees which might create a hazard to property or persons on any Lot
or adjacent Lot shall be promptly removed or repaired. No Lot or other tract shall be used as
dumping grounds for rubbish, trash, rubble or extra soil, except that Declarant may designate fill
areas into which materials specified by Declarant may be placed, The Board of Directors of the
Association
may adopt rules and regulations regarding the imposition of sanctions, including fines,
for the violation of this and other provisions of this Declaration dealing with the repair, care and
maintenance
of Lots and improvements thereon. The Association may, but is not obligated
to, cause
to be planted or installed, and thereafter maintained, shrubbery or other screening devices around
boxes, transformers and other above-ground utility equipment which, in the discretion of the Board
of Directors of the Association, shall be screened from view to preserve the beauty of the
Subdivision. There is hereby reserved in favor of the Association the right to require Owners of Lots
to plant, install, maintain and replace such shrubbery or other screening devices. Provided, further,
if'a Lot is visible to full public view, the Owner shall construct and maintain a fenced area or other
suitable enclosure to screen from public view yard equipment and wood piles or storage piles which
are incident to the normal residential requirements of a typical family. The outside drying of clothes
in the Subdivision is prohibited.
13
| hereby certify that this is a true and correct
copy of the original record on file in my office
a
Mark Turnbull, County Clerk
woes co 5‘exas
Deputy
Issued 10-E2¢- 8
823-100-2536
N. Street Lights, Utility Easements. Declarant has arranged for an electric utility
company (the “Utility Company”) to install street lighting in the Subdivision and an electric or other
utility distribution system providing residential service in the Subdivision
and for such purposeshas
granted the Utility Company certain easements in the Subdivision, and may from time to time grant
additional easeme
over those
ntsportions of the Subdivisi
it then on
owns. All facilities installed by
the Utility Company shall in all events remain the sole property of the Utility Company. In
connection with such utility services, the following restrictions and covenants are imposed and shall
be binding and enforceable as to each and all Lots in the Subdivision as required by the Utility
Company.
1 ‘The Utility Company shall have an easement along, over and across each Lot for the
purpose of installing, maintaining, repairing, inspecting, replacing,
removing and operating its electric service facilities for residential
service to such
Lot, the location of which shall be where such facilities are originally
placed by the
Utility Company in its discretion.
The Utility Company shall be granted reasonable access for the Purpose of enjoying
such casement rights, and all facilities installed by the Utility Company shall remain
its sole property. The Utility Company shall have the right, but no obligation, to keep
such easements clear of trees, bushes and other growths, or any hazards to its
facilities, including the right to trim, cut or remove same without liability therefor.
The facilities of the Utility Company shall not be disturbed or damaged and the area
over or under the Utility Company's facilities shall be kept free of excavations,
structures,
trees and other obstructions.
4 The locked rotor current of any motor or other equipment connected to the Utility
Company's service shall be limited in accordance with applicable safety codes and
the standard service practices of the Utility Company.
5. Residential and street lighting service in the Subdivision shall be provided subject
tothe Utility Company’s general terms and conditions and charged for in accordance
with applicable rate schedules, the Utility Company having the right in all events to
change the terms, conditions and rate applicable to such class of service from time
to time and at any time,
6. ‘The Owner of each Lot, and all successors
in title thereto, shall be liable
Preview
CAUSE NO. 18-04-05545 CUMBERLAND CROSSING IN THE DISTRICT COURT OF PROPERTY OWNERS ASSOCIATION Plaintiff, MONTGOMERY COUNTY, TEXAS MISS. VICTORIA DE LOS ANGELES BARRON AND ANGEL ABRAHAM BARRON Defendants. JUDICIAL DISTRICT FIRST AMENDED EXHIBIT LIST OF PLAINTIFF Proceeding: (Trial) DATE NO. | DESCRIPTION OFFR | OBJ ADMIT | N/ADM Declaration of Covenants, C onditions and Restrictions for Cumberland Crossing Section One Warranty Deed with Vendor’s Lien General Warranty Deed Statement of Account Letters to Defendant Attorney Fee/C ost list 2005-050974 823-10-2523 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CUMBERLAND CROSSING, SECTION ONE A SUBDIVISION IN MONTGOMERY COUNTY, TEXAS gee THE STATE OF TEXAS § COUNTY OF MONTGOMERY $ This Declaration, made on the date hereinafter set forth by F.M. 1314 JOINT VENTURE, LTD., a Texas limited partnership, hereinafter called “Declarant”, said corporation having its principal offices in Conroe, Montgomery County, Texas. WHEREAS, Declarant is the owner of the following described land and premises in Montgomery County, Texas, to-wit: All that certain tract or parcel of land known as CUMBERLAND CROSSING, SECTION ONE, a subdivision of 17.216 acres of land in the p. Hunter Survey, Abstract 2, Montgomery County, Texas (the Subdivision”), the Subdivision being comprised of 69 Lots in 2 Blocks; a map or plat of the Subdivision being recorded in Cabinet X, Sheets 155 and 156, of the Map Records of Montgomery County, Texas, reference to which is here made for all purposes; and WHEREAS, it is the desire of Declarant to provide for the preservation of the values and amenities in the Subdivision and, to this end, to subject the Subdivision to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which are for the benefit of the CUMBERLAND CROSSING, SECTION ONE and such other properties as have heretofore or may hereafter be brought within the general scheme of development of CUMBERLAND CROSSING, and the owners thereof; NOW THEREFORE, Declarant does hereby dedicate the streets, easements, drives and parkways in said CUMBERLAND CROSSING, SECTION ONE, for use by the public as such, reserving the right to itself, its successors and assigns, to, at any time, use the same for the installation, maintenance, repair and renewal of any and all public utilities, and declares that the land shown to be subdivided, according to the hereinabove mentioned plat, is held, and shall hereafterbe conveyed, subjectto the covenants, reservations, conditions, stipulations, easemen and restrictions ts as hereinafter set forth. ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings (unless the context clearly indicates otherwise): 1 hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by farer> Wyte Deputy Issued [0-2¢-/8 823-10-2524 A “Declarant” shall mean and refer to F.M. 1314 JOINT VENTURE, LTD., the Declarant herein, and to any entity which succeedsto all or substantially all of the Properties by any merger, consolidation, or conveyance. B. “Propertieshall s” mean and refer to CUMBERLAND CROSSING, SECTION ONE, subject to the reservations and exceptions set forth herein and/or in the Subdivision Plat, and any additional properties brought within the general scheme of development of CUMBERLAND CROSSING or made subject to the terms hereof pursuant to the provisions set forth herein or in a separate document. c. “Street” shall mean and include any street, drive, boulevard, road, alley, lane, avenue, or any place shown on the Subdivision Plat as a thoroughfare. D. “Lot” and/or “Lots” shal! mean and refer to any of the numbered lots shown upon the Subdivision Plat of CUMBERLAND CROSSING, SECTION ONE, all of which are restricted hereby to use for residential purposes, but shall not include any Reserve or Restricted Reserve designated or depicted on the Subdivision Plat. E. “Owner” shall mean and refer to the owner(s), whether one or more persons or entities, of the fee simple title to any lot which is part of the Properties, In the case of an executory contract of sale or contract for deed covering any lot, the “Owner” shall be the purchaser named in the contract. “Owner” shall not mean or refer to any person or entity holding only a lien, easement, mineral interest, or royalty interest in a Lot. F. “Subdivision Plat” shall mean and refer to the map or plat of CUMBERLAND CROSSING, SECTION ONE, recorded in Cabinet X, Sheets 155 and 156, of the Map Records of Montgomery County, Texas. G. “Association” shall mean and refer to the Cumberland Crossing Property Owners Association, a Texas non-profit corporation, andto any non-profit corporation which succeeds to all or substantially all of its assets by any merger, consolidation, or conveyance of. ‘assets, as provided forin ARTICLE VIII hereof. i. “Architectural Control Committee” shall mean and refer to the Cumberland Crossing Architectural Control Committee, as provided for in ARTICLE VI hereof. L “Member” shall mean and refer to a member of the Association during the period of such membership, and shall include the Declarant and the Owner (during the period of his 2 \ hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Z Montg: gmery County, Texas by me on Deputy Issued 10- 24-78 823-10-2525 ownership) of each Lot as hereinafter set forth in ARTICLE VIII hereof. “Member” shall also include the owner of any portion of the Properties if such owner is expressly declared to be a member ofthe Association by the provisions ofthis Declaration or by a separate document. i “Community Properties” shall mean and refer to any properties, real or personal, hereafter conveyed to or otherwise acquired by the Association for the use and benefit of the Owners or Members or otherwise dedicated such Owners or Members. References hereinafter made to “Community Properties” shall mean such properties whenever acquired by the Association, The term shall not apply to any property acquired by the Association pursuant to a foreclosure of the vendor's lien provided for in Paragraph D of Article VIII below unless such property is later dedicated by the Association for the use and benefit of the Owners or Members. kK “FHA” shall mean and refer to the Federal Housing Administration. L “VA” shail mean and refer to the Veterans Administration. M. “Corner Lot” shall mean and refer to a Lot which abuts on more than one Street. Any Lot, except a “Comer Lot”, is deemed to front the Street upon which it abuts. A “Comer Lot” shall be deemed to front on the side of the Lot having the deepest building setback line, as depicted on the Subdivision Piat. N. “Reserve” or “Reserves” shall mean and refer to any area or areas designated on the Subdivision Plat as reserves, 0. “Builder” shall mean and refer to the Owner of a Lot who owns the Lot for the sole purpose of building a residence for sale to third parties and is designated in writing as a Builder by Declarant. Ifa Builder sells, rents or leases a Lot to a third party, he shall cease to occupy the status of a Builder with respect to such Lot. P. “Annexable Area” shall mean and refer to (i) the residual of that certain 248.93 acres conveyed to Mark W. Martin, Trustee, by Deed filed for record in the Official Public Records of Real Proper of Montgomery tyCounty, Texas under Clerk’s File No. 2000-108700 and referenced on the Subdivision Plat, (ii) the residua of that certain l 10 acres conveyed to Tom A. Martin by Deed filed for record inthe Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File No, 2000-043750, and referenced on the Subdivision Plat, (iii) the residual of that certain 34,968 acres conveyed to Mark W. Martin, Trustee, by Deed filed for record in the Official Public Records of Montgomery County, Texas under Clerk’s File No. 2000-055443, and referenced 3 Thereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk these County,"toe Deputy Issued 70. ae 823-10-2526 on the Subdivision Plat, and (iv) any other tracts or parcels of land situated adjacent to the Subdivision and now or hereafter owned by Declarant or any of Declarant’s partners or principals, ARTICLE IT RESTRICTIONS Declarant declares, covenants and agrees that, for the purpose of creating and carrying out uniform plan for development, improvement and sale of property in CUMBERLAND CROSSING, SECTION ONE, as a restricted subdivision, and for the purpose of preserving the value, amenities, desirability and attractiveness of the Subdivision, the Lots are held and shall be hereafter conveyed ‘subject to the covenants, conditions, stipulations, easements and restrictions herein set forth; and same shall be considered a part of each contract, deed or conveyance affecting said Lots, or any porti of same, on as though fully incorp therein; orated and same shall constitute covenants running with the land, and shall be binding upon and shall inure to the benefit of Declarant and its successors and assigns and all subsequent purchasers ofsaid Lots or any portion of same. ARTICLE 0 IERV, EX :D) (ON: A ‘The Subdivision Plat dedicates for use as such, subject to the limitations set forth therein, the streets and easements shown thereon, and such Subdivision Plat further establishes certain restrictions applicable to the Subdivision, including, without limitation, certain minimum setback lines, All dedications, limitations, restrictions and reservations shown on the Subdivision Plat are incorporated 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 Declarant, conveying said property depicted thereon or any part thereof, whether specifically referred to therein or not. B. All sales and conveyances of Lots by contract, deed or other conveyance and dedications of streets in the Subdivision shall be subject to the easements and rights-of-way as shown on the Subdivision Plat, and to any easements over, under, along or across such portion of each Lot, as may be reserved in each deed, as being appropriate or necessary for the purpose of installing, using, repai and maintaining ring public utilities, water, sewer lines, electric lightin and telephone g poles, pipe lines, drainage ditches or structures, and/or any equipment necessary for the performance of any public or quasi-public utility service and functioning, with the right of access thereto for the purpose of further construction, maintenance and repairs. Such easem shall beents for the general 4 1 hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas py Dharm p~Obim? Deputy Issued l0-24-/8 823-10-2527 benefit of the Subdivision and the owners of the Properties and are hereby reserved and created in favor of any and all utility companies into and upon said property for the purposes aforesaid. C. Declarant reserves the right, in Declarant’s sole judgment and discretion, to make changes in and: additions to the above easements for the purpose of most efficiently and economically installing the improvements, but such changes and additions shall be reserved and created in favor of any and all utility companies into and upon said Lots for the purposes hereinabov set forth, e D. Neither Declarant nor any utility company using the casements referred to herein shall be liable for any damages done by them, or their assigns, agents, employees or servants, to fences, shrubbery, trees, flowers, structures or buildings or other property situated on the land covered by such easements as a result of construction, maintena or repair nce work conduct by Declarant, ed the utility company or their assigns, agents, employees or servants. E Itis expressly agreed and understood that the title conveyed by Declarant to any Lot or other parce! of land within the Properties by contract, deed or other conveyance shall convey no interest in any pipes, lines, poles or conduits, or in any utility facility or appurtenances thereto constructed by or under Declarant, any utility company or any easement owner, or their agents, through, along or upon the premises affected thereby, or any part thereof, to serve said land or other portion of the Properties, or the right to maintain, repair, sell or lease such appurtenances to any municipalit or other y govern agency mental or to any public service: ‘corporation or to any other party, and such right is hereby expressly reserved. FE. Declarant shall have the right (but shall never be obligated) to subdivide or resubdivide into Lots, by recorded plat or in any other lawful manner, all or any part of the property in CUMBERLAND CROSSING, SECTION ONE. G. CUMBERLAND CROSSING, SECTION ONE, is part ofa larger tract or block of land owned by Declarant, While Declarant may subdivide other portions of its property, or may subject the same to a declaration, Declarant shall have no obligation to do so, and if Declarant elects todo so, any subdivision plat or declaration executed by Declarant with respect to any ofits property may be the same or similar or dissimilar to the Subdivision Plat covering CUMBERLAND. CROSSING, SECTION ONE, or any part thereof, or to this Declaration. 5 | hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by Bhs gi Wb Deputy Issued 10-?7%-/38 823-10-25298 ARTICLE IV USE OF LAND A. Single Resi Familydential Purposes. Except as otherwise provided in the last sentence of this paragraph, all Lots shall be used for single family residential purposes only (hereinafter sometimes referred to as “Residential Lots”), and no business, professional, commercial or manufacturing use shall be made of any of said Lots, even though such business, professional, commercial or manufacturing use be subordinate to use of the premises as a residence. Except as otherwise provided in the last sentence of this paragraph, no structure other than one single family residence and its outbuildings shall be constructed, placed on, or permitted to remain on any Lot in the Subdivision. As used herein, the term “residential purposes” shal! be construed to prohibit the use of said Lots for duplex houses, garage apartments for rental purposes or apartment houses. Each Residential Lot shall be occupi by only ed one (1) family. The term. “single family” as used herein shall refer not only to the architectural design of a dwelling but also to the status and permitted sumber of inhabi whichtants, shall be limited to the Owner or the Owner’s tenant and such Owner's or tenant's immediate family (i.e., any number of persons related by blood, adoption or marriage) and not more than one (1) person not so related. Nothing herein shall be construed to prohibit Declarant or a Builder from constructing, placing, or maintaining on any Lot or Lots one or more model homes or sales offices, and Declarant expressly reserves on behalf of itself and any Builder the right and privilege to so construct, place or maintain such structures on any Lot in the Subdivision. B. Signs. No signs, billboards, posters or advertising devices of any kind shall be erected, permitted or maintained on any Lot within the Subdivision without the express prior written consent of the Architectural Control Committee except (a) one sign of not more than five(5) square feet advertising the particular Lot or tract on which the sign is situated for sale or rent, and (b) one sign of not more than five (5) square feet to identify the particular Lot as may be required by FHA or VA during the period of actual construction of a single family residential structure thereon. The right is reserved by Declarant to construct and maintain or to allow Builders within the Subdivision to construct and maintain, or to assign such rights to such entities and successors or assigns of such entities as it deems fit to construct and maintain such signs, billboards and advertising devices as is customary in connection with the general sale of propertyin the Subdivision, 6 | hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by faror Dog Deputy Issued g- PF-13 823-10-2529 Cc. Ani ‘No farm animals, livestock, poultry or exotic animals of any kind shall be raised, bred or kept on any Lot. Not more than two (2) dogs, cats or other domestic household pets may be kept, provided that they are not kept, bred or maintai for commercial ned purposes. All such pets shall be kept within the boundaries of the Lot unless on a leash and accompanied by the owner. Allpens and enclosures having to do with the animals must be approved by the Architectural Control Committee and shall be built in a workmanlike manner with new materials and kept in a clean and sanitary condition. D. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot or other tract within the Subdivision nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No part of any Lot or any improvements situated thereon shall be put to any industrial, manufacturing or other use which may become an annoyance or nuisance to the neighborhood or which maybe offensiveby reason of odor, fumes, dust, smoke, noise, vision, vibrations, or pollution, including but not limited to , factories, slaughter houses, tanneries, or truck stops, or which are hazardous by reason of the excessive danger of fire orexplosion. The Association shall have the sole and absolute discretion and authorityto determine what conditions or activities constitute a nuisanc or annoyance e to the neighborhood, E. Firea and rms Fireworks. The use or discharge of firearms or fireworks in the Subdivision is strictly and expressly prohibited. F. Sale of Alcohol. No spiritous, vinous, malt or medicated bitters capableof producing intoxication shall ever be sold or offered for sale on any Lot or any part thereof, nor shall said premises or any part thereof be used for illegal or immoral purposes. G. ‘Vehicle Repair. No Owner of any Lot in CUMBERLAND CROSSING, SECTION ONE, nor any visitor or guest of any Owner shall be permitted to perform work on automobiles or other vehicles in driveways or streets abutting such Lots other than work of an emergency or temporary nature on the Owner’s, visitor's or guest’s vehicle. i Construction Work. Except in an emergency or when other unusual circumstances exist, as determined by the Board of Directors of the Association, outside construction work or noisy interior construction work shall be permitted on weekdays only after 7:00 a.m. and before 9:00 p.m., on Saturdays only after 7:00 a.m. and before 7:00 p.m., and on Sundays only after 10:00 a.m. and before 6:00 p.m. 7 | hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas py_4hat. Ocho na Deputy Issued (6° 29-/2 823-10-2530 L Mailbo House xes. Numbers, Etc. Mailboxes, house numbers and similar items used in CUMBERLAND CROSSING, SECTION ONE, must be harmonious with the overall character and aesthetics of the community and the decision of the Architectural Control Committee that any Such item is not so harmoniou is final. s In the event any mailbox is replaced because of damage, destruction, deterioration or any other reason, the replacement shall be the same (or as nearly so as possible) as the original mailbox, unless otherwise approved by the Architectural Control Committee. t ‘Trash, Rubbish Garbage, Etc, No trash, rubbish, garbage, manure, debris, or offensive material of any kind shall be kept or allowed to remain on any Lot, nor shall any Lot be used or maintained as a dumping ground for such materials, In a manner consiste with nt good housekeeping, the Owner of cach Lot shall remove such prohibited matter from his Lot at regular intervals at his expense; and prior to such removal, all such prohibited matter shall be placed in sanitary refuse containers constructed of metal, plastic or masonry materials with tightfitting sanitary covers or lids and placed in an area adequately screened by planting or fencing so as not to be seen from neighboring Lots or the Street. Equipment used for the temporary storage and/or disposal of such material prior to removal shall be kept in a clean and sanitary condition and shall comply with all current laws and regulatio and ns those which may be promulgated in the future by any federal, state, county, municipal or other governmental body with regard to environmental quality and waste disposal, K ‘Storage. No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the Street, except that new building materials used in the construction of improvements erected upon any Lot may be placed upon such Lot at the time construction is commenced, and then such materials shall be placed within the property lines of the Lot or parcel of land upon which the improvements are to be erected with the exception that during construction of the original improvements some building materials may be placed or stored between the pavem and the ent property line. Such materials may be maintained thereon for a reasonable time, So long as the construction progresses without undue delay, after which time these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. Underno circumstances shall building materials be placed or stored on the Street paving. 8 I hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by Ahakon~ Li beor~ Deputy Issued /0-74-/2 8235-10-2531 L Driveway Access, Each Lot, except Comer Lots, shall have direct driveway access from the Street or Cul-de-sac abutting such Lot. Comer Lots shall have direct driveway access to the Street to which such Lot fronts unless access via the side Street is approved in writing by and in the sole and absolute discretion of the Architectural Control Committee. Driveways shall be constru of concrete cted unless otherwise approved by the Architectural Control Committee. Unless otherwise approved in writing by and in the sole and absolute discretion of the Architectural Control Committee, a garage on a Lot which fronts on a Cul-de-sac shall have direct driveway access only from the abutting Cul-de-sac Street. The Owner of each Lot shall construct and maintain at his expense the driveway from his garage to the abutting Cul-de-sac or Street, whichever is permitted, including the portion in the Street easement, and he shall repair at his expense any damage to the ‘Street or Cul-de-sac occasioned by connecting his driveway thereto. No Owner ofa Lot shall have the right, by virtue of such ownership, to make any improvement to any Street or Cul-de-sac. M. Landscaping. The Owner of each Lot upon which is located a residence, as a minimum, shall fully sod or sprig with grass and maintain the area between the front of his residence and the curb line of the abutting Street and must plant shrubs around the front of the dwelling and comply with such other requirements as may be promulgated from time to time by the Architectural Control Committee... N. Maintenance of Lots and Improvements. The Owner of each Lot upon which a reside or other improvement nce is located shall keep such improveme in nts a good, attractive and neat condition. If, in the opinion of the Board of Directors of the Association or the Architectural Control Committee, any residence or other improvement is in need of painting or repairs, the Owner shall promptly paint or repair such improvements upon receipt of notice thereof from the Board or Architectural Control Committee, ARTICLE V ARCHITECTURAL RESTRICTIONS A. Dwellings: Garages. Only one single family residence, which shall be a dwelling of one story, one and one-half story, or two story construction, shall be built or permitted on each Lot. No dwellings in excess of two stories shall be permitted. All Lots shall have an enclosed garage, cither attached or detached, for not less than two cars nor more than three cars. Carportson Lots are prohibited. 9 I hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas py 4haio Xebor— Deputy Issued dc PIME 823-110-2552 B. Prohibited Dwellings, Ete. No struofctur any temporary e character, motor home, recreational vehicle, 18-wheeler, boat, trailer, basement, tent, shack, garage, bam or other outbuildings shall be used on any Lot at any time as a residence, either tempora or permanently, rily nor placed or stored thereon except as may be otherwise provided in this Declaration. A temporary building may be placed on a Lot only if such building is necessary as a construction shack, and its placement on the Lot shall be allowed only if approved by the Architectural Control Committee upon prior request in writing made to the Architectural Control Committee. Additionally, permanent storage buildings may be constructed or placed on a Lot with the prior written approval of the Architectural Control Committee, Cc. Homes, lomes,W3 No mobile homes, manufactured homes or prefabricated homes shall be permitted on any Lot, No residence or other building of any kind or character, other than a storage building approved by the Architectural Control Committee, shall be moved onto any Lot, it being the intention that only new construction be placed and erected thereon, No water well, septic tank, disposal plant, outside toilet or cesspool shall be built on any Lot or maintained thereon. Provided, however, that Declarant, its sales agents, successors and assigns, reserves the exclusive right to erect, place and maintain such facilities upon any portions of the Subdivision, or to grant Builders the right of erection, placement and maintenance of such facilities upon any portion of the Subdivision as Declarant, its successors and assigns, in its sole discretion, may deem necessaryot convenient while selling Lots, selling or constructing residences and/or constructing other improvements in the Subdivision. Such facilities may include, but shall not necessarily be limited to, sales and construction offices, storage areas, model units and portable toilet facilities. D. Required Fronting of Dwellings. Unless otherwise approved in writing by the Architectural Control Committee, or unless otherwise stipulated herein, all improvements shall be constructed on the Lot so as to face the Street upon which such Lot fronts. E. Dwelling on Corner s Lots. Dwellings on Comer Lots shall have a presentable frontage on all Streets on which the particular Corer Lot fronts and must be fenced on both sides. F, Mini Size mum of Dvellings. The ground floor area of any one-story, single family dwelling, exclusive of open porches and garages, shall contain not less than 1,200 square feet of living space, The ground floor area of any one and one-hal story or ftwo story, single family 10 oo i hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by hater’ (har Deputy Issued _— /0- 29-8 823-10-2535 ‘dwelling, exclusive of open porches and garages, shall contain not less than 800 square feet of living space, and the total living area of any one and one-half or two story, single family dwelling, exclusive of porches and garages, shall contain not less than 1,800 square feet of living space. No welling larger than 3,100 square feet, exclusive of open porches and garages, may be builtor maintained on any Lot or Lots. G. Building Lines, Setbacks, Easements, Etc. The building lines of any residenceto be erected in CUMBERLAND CROSSING, SECTION ONE are as follows, provided that, for the Purposes of these Restrictions, the front of each Lat shall coincide with and be the property line having the smallest or shortest dimension abutting a Street. Unless otherwise approved by the Architectural Control Committee, each main residence building will face the front ofthe Lot, and each attached or detached garage will either face upon the front lot line or face upon a line drawn perpendicular to the front lot line, and shall not be located nearer to the front lot line than the minimum building setback lines shown on the Subdivision Plat or provided for herein. Driveway access will be provided from the front lot line only, except that said access may be provided to Comer Lots from a side street. No building shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the Subdivision Plat. No building shall be located on any Lot nearer minimum setback lines or easement along any Lotsline, Unless a greater building setback line is shown on the Subdivis Plat, no building ion shall be located nearer than five (5) feet to an interior lot line. No accessory or storage building shall be erected on any Lot nearer than any applicable building setback line or éasement on any property line of said Lot. Various Lots have been subjectedto drainage easements as depicted on the Subdivision Plat. iH Fences, Structures, Walls, Hedges, Etc, All fences must have prior written approval by the Architectural Control Committee. No fence or wall shall be erected, placed or maintained on any Lot nearer to any Street than the minimum building setback lines as shown on the Subdivision Plat, Additionally, and notwithstanding the foregoing, no fence or wall shall be erected, placed or maintained on any Lot nearer to the front property line than ten feet (10°) behind the front facade of the home. All fences shall be a maximum of six feet (6')in height and constructed of cedar or other natural wood product unless otherwise approved in writing by the Architectural Control Committee. ‘The erection of chain link, barbed wire or other wire fences on any Lot is expressly prohibited. No fence, wall, structure, hedge, or shrub planting which obstructs sight lines shall be placed or 1 hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas py dhato. LOLbIer-~ Deputy Issued \- 9G /B 823-10-2534 permitted to remain on any Comer Lot within the triangular area formed by the street property lines anda line connecting them at points twenty-five feet from the intersection of the street property lines extended. L Ante Acrials, nnas Satellite . Dishes. No exterior antennas, aerials, or other apparatus for the reception of television, radio, or other signals of any kind shall be placed, allowed, or maintained upon any portion ofthe Property, including any dwelling, which is visible from any street, common area or other Lot unless it is impossible to receive signals from said location. In that event the receiving device may be placedin a visible location as approvedby the Architectural Control Committee. No antenna mast may exceed the height of twelve inches (12") above the center ridge of the roof line. The Architectural Control Committee may require as much screening as possible while not substantially interfering with reception. The Declarant and/or the Association shall have the right, without obligation, to erect or install an aerial, satellite dish, master antenna, cable system, or other apparatus for the transmission of television, radio, satellite or other signals for the benefit of all or a portion of the Property. The size and Jocation ofail satellite dishes must be approved in writing by the Association prior to installation. No satellite dishes which are larger than sixteen inches (16") in diameter shall be permitted on the roof of a Dwelling. All satellite dishes which are not located on the roof must be in the rear of the Dwelling in a fenced yard so that it is not visible from the Street and may be no larger than four feet (4°) in diameter. ‘No exterior antennas, aerials, satellite dishes, or other apparatus shall be permitted which transmit television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Properties. The Declarant, by promulgating this Section, is not attemptingto violate the Telecommunications Act of 1996 (“the 1996 Act”), as may be amended from time to time. This Section shall be interpreted to be as Testrictive as possible while not violating the 1996 Act. In the event it is impossible to receive a signal from a non-visible location, the installation of antennas shall be subject to rules and regulations which may be promulgated by the Association setting out preferred alternate locations for antennas, J Exterior Material, Ete. Unless otherwise approved by the Architectural Control Committee, at least fifty (50%) percent of the front of each single family dwelling built in CUMBERLAND CROSSING, SECTION ONE, excluding gables, windows and door openings, 12 | hereby certify that this is a true and correct copy of the original record on file in my office Mark Turnbull, County Clerk Lhbaker mery County, Texas oe te ay Deputy Issued 0: 24-/38 823~10-2535 must be of masonry, brick veneer or stone. No garage or permitted accessory building shalt exceed in height the dwelling to which they are appurtenant without the written consent ofthe Architectural Control Committee. Every garage and permitted accessory building, except a greenhouse, shall correspond in style and architecture to the dwelling to which it is appurtenant, K. { Buildings. No building of any kind or character which incorporates frame construction on the exterior shall be erected on any Lot unless same, at the time of construction, shall receive at least two coats of paint, unless the exterior is of redwood or cedar material. L Removal of Dirt, Gravel, Iron Ore, Ete, The digging and removal of dirt, gravel, iron ore, or any other surface substance on any Lot is expressly prohibited except as may be necessary in conjunction with the landscaping or construction on such Lot. Further, there ‘shall be no timber cut or trees removed on any Lot except as may be necessary in the construction of a dwelling thereon without the written approval of the Architectural Control Committee. M. Property Maintenance. Grass and weeds shall be kept mowed to prevent unsightly appearance. Dead or damaged trees which might create a hazard to property or persons on any Lot or adjacent Lot shall be promptly removed or repaired. No Lot or other tract shall be used as dumping grounds for rubbish, trash, rubble or extra soil, except that Declarant may designate fill areas into which materials specified by Declarant may be placed, The Board of Directors of the Association may adopt rules and regulations regarding the imposition of sanctions, including fines, for the violation of this and other provisions of this Declaration dealing with the repair, care and maintenance of Lots and improvements thereon. The Association may, but is not obligated to, cause to be planted or installed, and thereafter maintained, shrubbery or other screening devices around boxes, transformers and other above-ground utility equipment which, in the discretion of the Board of Directors of the Association, shall be screened from view to preserve the beauty of the Subdivision. There is hereby reserved in favor of the Association the right to require Owners of Lots to plant, install, maintain and replace such shrubbery or other screening devices. Provided, further, if'a Lot is visible to full public view, the Owner shall construct and maintain a fenced area or other suitable enclosure to screen from public view yard equipment and wood piles or storage piles which are incident to the normal residential requirements of a typical family. The outside drying of clothes in the Subdivision is prohibited. 13 | hereby certify that this is a true and correct copy of the original record on file in my office a Mark Turnbull, County Clerk woes co 5‘exas Deputy Issued 10-E2¢- 8 823-100-2536 N. Street Lights, Utility Easements. Declarant has arranged for an electric utility company (the “Utility Company”) to install street lighting in the Subdivision and an electric or other utility distribution system providing residential service in the Subdivision and for such purposeshas granted the Utility Company certain easements in the Subdivision, and may from time to time grant additional easeme over those ntsportions of the Subdivisi it then on owns. All facilities installed by the Utility Company shall in all events remain the sole property of the Utility Company. In connection with such utility services, the following restrictions and covenants are imposed and shall be binding and enforceable as to each and all Lots in the Subdivision as required by the Utility Company. 1 ‘The Utility Company shall have an easement along, over and across each Lot for the purpose of installing, maintaining, repairing, inspecting, replacing, removing and operating its electric service facilities for residential service to such Lot, the location of which shall be where such facilities are originally placed by the Utility Company in its discretion. The Utility Company shall be granted reasonable access for the Purpose of enjoying such casement rights, and all facilities installed by the Utility Company shall remain its sole property. The Utility Company shall have the right, but no obligation, to keep such easements clear of trees, bushes and other growths, or any hazards to its facilities, including the right to trim, cut or remove same without liability therefor. The facilities of the Utility Company shall not be disturbed or damaged and the area over or under the Utility Company's facilities shall be kept free of excavations, structures, trees and other obstructions. 4 The locked rotor current of any motor or other equipment connected to the Utility Company's service shall be limited in accordance with applicable safety codes and the standard service practices of the Utility Company. 5. Residential and street lighting service in the Subdivision shall be provided subject tothe Utility Company’s general terms and conditions and charged for in accordance with applicable rate schedules, the Utility Company having the right in all events to change the terms, conditions and rate applicable to such class of service from time to time and at any time, 6. ‘The Owner of each Lot, and all successors in title thereto, shall be liable