REGAL POINTE
RESTRICTIONS, COVENANTS, CONDITIONS
AND MAINTENANCE FEES
STATE OF TEXAS COUNTY OF ORANGE
KNOW ALL MEN BY THESE PRESENTS
That Henry A. Labrie ( hereinafter called “GRANTOR”), being the owner of That certain tract of land containing 32.828 acres, see Exhibit “A”. attached hereto, in Bridge City, Orange County, Texas, Which has heretofore been platted into a Subdivision known as REGAL POINTE, according to the map of said Subdivision filed for record in the County Clerk’s Office in Orange County, Texas recorded in Volume _9_, page 135, of the map Records of said County, reference to which is here made for all purposes, and desiring to create and carry out a uniform plan for the improvement, development and sale of all of the residential building Sites as same are hereinafter defined (hereinafter sometimes called “lots”), in said REGAL POINTE for the benefit of the present and future owners of said lots, do Hereby adopt and establish the following reservations, restrictions, covenants, and Easements to apply uniformly to the use, occupancy and all conveyance of all Residential building sites in REGAL POINT, and each contract or deed which may be hereafter executed with regard to any of the lots in said REGAL POINTE shall Be conclusively held to have been executed, delivered, and accepted subject to the Following reservations, restrictions, covenants, easements, liens and charges, Regardless of whether or not said reservations, restrictions, covenants, easements, Liens and charges are set out in full in said contract or deed.
1 - RESERVATIONS
In authenticating the Subdivision map for record, there shall be and are Hereby reserved in Grantor, its successors and assigns, the following rights, title and Easements, which reservations shall be considered a part of the land and construed As being adopted in each and every contract, deed or other conveyance executed or To be executed by or on behalf of Grantor in the conveyance of said property or any Part thereof, to-wit
1:1 - Grantor reserves the necessary utility easements and right of ways as shown on the aforesaid map of REGAL POINTE, recorded in the Orange County Map Records, to which map and the record thereof reference is here mand for all purposes, which easements are reserved for the use and benefit of any person, firm Body politic or corporate entity providing a public utility service operating in Orange County, Texas, as well as for the benefit of Grantor and the property Owners in the subdivision to allow for the construction, maintenance and operation Of a system of electric lighting and power, telephone lines, gas, water, sewers, or any Other utility of service and including the reserved areas for maintenance and Repairs of fencing and/or brick walls constructed by Grantor for lots in REGAL POINTE.
1:2 - Grantor reserves the right to impose further restrictions and dedicate additional easements on any unsold sites in said Subdivision, such restrictions to be imposed and such easements and rights-of-way to be dedicated either by instrument in writing duly recorded in the Office of the County Clerk of Orange County, Texas, or incorporated in the Deed of Grantor conveying the site to be so restricted or subjected to such easement.
1:3 - Neither Grantor nor any utility company using the above mentioned easements shall be liable for any damage done by either of them or their assigns, agents, employees or servants, to shrubbery, trees, flowers, or other property of the owner situated on the land covered by said easements.
1:4 - It shall be and is expressly understood and agreed that the title conveyed by Grantor to any lot or parcel of land in said REGAL POINTE, by contract, deed or other conveyance shall not in any event be held or construed to include the title to the water, gas, sewer, storm sewer, electric light, electric power, or telephone lines, poles, or conduits, or any other utility or appurtenances thereto constructed by Grantor or public utility accompanies and or their assigned through, along, or upon the herein dedicated public easements, premises, or any part thereof to serve said property or any other portions of REGAL POINTE and the right to construct, install, maintain, operate, repair, replace, remove, lease, and sell any such utility system or systems, and all equipment therein and appurtenances thereto, Is here expressly reserved to Developer or the public utility company owning same.
2 - ARCHITECTURAL CONTROL COMMITTEE
2:1 - There is hereby created an Architectural Control Committee comprised of one(1) member and the initial committee shall be composed of Henry A. Labrie of whom shall serve until his or her successor is appointed. In the event of said member should die, resign or become ineligible to act. The trustee of the Deed of Trust may appoint a successor. Member may remove himself with or without cause, and appoint a successor.
2:2 - No building shall be erected, placed or altered on any building site in REGAL POINTE until complete copies of the building plans and specifications and a plot showing the location of any building, have been approved in writing as to conformity and harmony of external design with existing structures in REGAL POINTE, and as to location of the building wit respect to the topography and finished ground elevation. All location plans or plot plans, as well as construction or design plans and specifications, shall be submitted on three (3) India - inked tracings or blueprints, all legends, captions and specifications being typed or legibly printed, with specifications on plain white paper sequentially numbered. Renderings on plans shall be in conformity with generally accepted architectural techniques. A copy of all plans and specifications submitted may be retained in the permanent file of the Architectural Control Committee and all submittals shall be addressed to the registered agent’s office of Henry A. Labrie, or such other place as may be designated by the Committee. All improvements shall be constructed in accordance with the plans submitted. A majority of the Committee may designate a representative with authority to approve the design and location of any building. In the event said Committee, or its designated representative, fails to approve or disapprove the design and location of any such building within Thirty (30) days after said plans and specifications and plat plan have been submitted to it, or in any event, if no suite to enjoin the erection of such building or the making of alterations have been commenced prior to the completion thereof, such approval will not be required and this provision as to approval will be deemed to have been satisfied. Neither the members of said committee, or of any designated representative, shall be entitled to any compensation for services performed pursuant to this provision. The duties and powers of said committee, or of any designated representative, shall cease Ten (10) years from the date hereof. Thereafter, the approval of plans and specifications shall not be required unless prior to said date and effective thereon a written instrument is executed by the then record owners of a majority of the owners of lots in REGAL POINTE appointing a new committee composed of five (5) members to exercise the same powers delegated to be exercised by the committee first named, and the instrument creating said new committee is recorded in the Office of the County Clerk in Orange County, Texas.
2:3 - The Architectural Control Committee may, subject to the approval of the City of Bridge City, approve the re-subdividing of two (2) or more residential lots as shown on the recorded plat of REGAL POINTE providing that no building site created by any such re-subdivision be established having an area of less than the square foot area of the smallest platted lot comprising part of the area to be re- subdivided.
2:4 - The Architectural Control Committee, subject to the approval of the Board of Adjustment of the City of Bridge City, is hereby permitted to approve deviations with reference to location or set back of any of the improvements within the Subdivision and the direction which the same shall face to such extent as it deems necessary for the best interest of the Subdivision as a whole. Such modifications and amendments, if any, shall be in writing.
3 - RESTRICTIVE COVENANTS ON RESIDENTIAL LOTS
3:1 - All lots in REGAL POINTE shall be used for residential purposes only and no part of any lot shall be used for any type of business or profession. Without limiting the foregoing, every type of business or institutional use, whether profit or non-profit, including club, clubhouse, church, clinic, school, nursery, day care centers, nursing homes, sales offices, doctors, lawyers or accountants offices or any of them is expressly prohibited upon each lot, provided however, that the Architectural Control Committee is permitted to grant builders the right to maintain sales offices in said Subdivision until all lots are sold to individual home owners.
3:2 - No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling not to exceed three (3) stories, a private garage or carport which shall not exceed the height of the main residence built to accommodate not more than three (3) cars and which may contain living quarters only for bona fide servants employed on the premises, and, subject to the approval of the Architectural Control Committee, which approval cannot be compelled.
3:3 - No building shall be located nearer to the front lot line or nearer to any side street property line than the building set back lines shown on the recorded plat of REGAL POINTE. No building shall be located nearer to any side lot line than ten feet (10’).
3:4 - All building sites shall be composed of a lot as shown on the recorded plat of REGAL POINTE; however, a parcel consisting of more than Two (2) adjoining lots may be resubdivided into more than one (1) building site by written approval of the Architectural Control Committee as provided in paragraph 2:3 above. In the event of any such resubdivision the provisions herein relating to the location of improvements with reference to the side line of any residential lot shall apply to the side line of each building site created to/by any such resubdivision, subject however to Paragraph 2:3.
3:5 - No noxious or offensive trade or activity shall be carried on upon any residential lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
3:6 - No trailer, basement, tent, shack, garage or other out-building erected on any residential building site shall at any time be used as a residence, temporarily or permanently, nor my any trailer, motor home, camper, boat, boat trailer, truck, tractor-trailer, tractor, bus, or machinery of any type be kept or stored within REGAL POINTE except within a garage or in such a place as may be fenced out of view from any public street or adjacent lot. Nor may any mobile home be permitted on any lot, whether or not wheels are attached.
3:7 - No main residential structure shall be placed on any lot unless its living area has a minimum of Two Thousand (2,000) square feet of floor area exclusive of porches and garages and in the event the dwelling is in excess of one (1) story in height, the ground floor must contain no less than sixteen hundred (1,600) square feet of living area exclusive of porches and garages and combined first floor and second floor to have a minimum of 2,000 square feet of living area. In case of a third floor the combined living area shall not be less than twenty-four hundred (2,400) square feet.
3:8 - The exterior walls of the first story of all main residential buildings shall be a minimum of 50% brick, concrete, or other masonry types of construction, unless otherwise approved in writing by the Architectural Control Committee. “Masonry” as used and required herein shall include brick, brick veneer, stone, stone veneer, stucco, concrete, weather proofed plaster or any combination thereof but does not include asbestos shingles, asphalt shingles, composition shingles, or other similar fireproof boarding. Any type of material to be used in the construction of the roof for any residential structure must be approved by the Architectural Control Committee prior to construction.
3:9 - No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, whether for commercial purposes or otherwise, except that residents may keep common household pets such as cats or dogs. In this regard, REGAL POINTE OWNER COMMITTEE shall have the right and authority to limit the number and variety of household pets permitted. Further, said REGAL POINTE OWNER’S COMMITTEE shall also have the right and authority to determine what method of restraint shall be used on said pets including but not limited to said pets being kept on a leash or in a fenced enclosure.
3:10 - No water well, septic tank or cess pool shall be permitted on any residential lot. Each lot owner shall be required to use the water and sewer services provided by HENRY LABREI (REGAL POINT WATER) or THE CITY OF BRIDGE CITY, TEXAS. Connections to such facilities shall be at the lot owner,s expense. A tap fee of One Thousand Five Hundred Dollars (1500.00) will be accessed when the tap is made.
3:11 - No spirituous, vinous, or malt liquors, or medicated bitters, capable of inducing intoxication, shall ever be sold, or offered for sale, on any residential lot in REGAL POINTE, and said premises shall not be sued for any vicious, illegal or immoral purposes, or for any purpose in violation of any state or federal law, or of any police, health, sanitary, building or fire code, regulation or instruction relating to or affecting the use, occupancy, or possession or any said residential lots.
3:12 - No sign of any kind shall be displayed to the public view on any residential lot except one sign not more than five (5) square feet advertising the property for sale or rent or signs used by a builder to advertise the property during the construction and sales period.
3:13 - No drive from an individual lot may enter REGAL POINTE from Highway 1442. Lots 1-10 may not have a vehicular access from Highway 1442. Any fencing by developer may not be obstructed by residents of the above mentioned lots.
3:14 - No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept on any lot except in sanitary containers. Trash receptacles shall be kept in enclosed areas, hidden from view, except on regular collection days, when they may be placed temporarily at the curb.
3:15 - No fence, wall or hedge, or any pergola or other detached structure shall be erected, grown or maintained on any part of any lot in front of the front building line of any residential lot. No chain link fence shall be erected on any residential lot. Fences are to be approved by the Architectural Control Committee.
3:16 - Antennae towers for amateur radio installations or citizen’s band radio base stations installations and ”window unit” air conditioners are prohibited on any lot, unless approved by the Architectural Control Committee. Television antennas or disk which are visible on the exterior of any building are prohibited unless installed on a portion of the roof of the building which slopes toward the rear of the lot or shielded by a wooden fence from view of front of said lot or otherwise approved by the Architectural Control Committee. The disk or antenna cannot be within the building set back lines.
3:17 - The drying of clothes in general view is prohibited and the owners or occupants of any lot desiring to dry clothes outside shall construct and maintain suitable screening enclosures for such use, which enclosures must be approved by the Architectural Control Committee .
3:18 - The owners or occupants of each lot shall at all times keep all weeds or grass thereon cut or trimmed in a reasonable neat manner.
3:19 - All dwellings and other approved structures must be kept in a reasonably good state of painting and repair, and must be maintained so as not to become unsightly.
3:20 - The digging of dirt or the removal of any dirt from any lot is expressly prohibited except as necessary in conjunction with the landscaping of or construction on such lot.
3:21 - All landscaping on said property shall be complete within nine (9) months of the completion of residence.
3:22 - The roof of any building shall be constructed of covered asphalt, fiberglass, or composition shingles having a minimum weight classification of 250 lbs per square. Other type shingles must be approved by the Architectural Control Committee.
3:23 - Each homeowner, before the dwelling is complete, will be required to install a yard light in front of the dwelling by drive or walk from 11 to 15 feet from the curb. The light post may be of brick or metal and a minimum of 4 feet in height. Candle light should be equivalent to a 100 watt incandescent light bulb. Further, each owner, before the dwelling is complete, will be required to install a sidewalk forty-two (42) inches in width, said sidewalk shall run parallel with the street in front of the residence at a distance of five (5) feet from the street curb. Said sidewalk shall be approved by the Architectural Control Committee with the approval of the plot plan .
3:24 - Any violation of any of the covenants, agreements, reservations, easements and restrictions set out above shall not have the effect of impairing or affecting the rights of any mortgagee, trustee or guarantor under any such mortgage or Deed of Trust outstanding against the property covered by any such mortgage or deed of trust at the time the easements, agreements, restrictions, reservations or covenants may be violated.
3:25 - Grantor, its successors and assigns, or any other person firm or corporation owning a residential lot in REGAL POINTE shall have the right to prosecute any action at law, or in equity that it or they may deem advisable to enjoin any violation contained herein, and to prosecute the same against the person or persons violating or attempting to violate the same.
3:26 - Should any one or more of the covenants or restrictions set forth herein be held to be invalid or unenforceable by final judgment of any court at law or in equity, the same shall I no way affect the remainder of the covenants and restrictions contained herein not directly affected by such final judgment.
3:27 - The covenants and restrictions set forth herein shall be binding upon Grantor, his successors and assigns, and any other person, firm or corporation owning or occupying a residential lot in REGAL POINTE until September 1, 2013. During the original term of the restrictions set forth herein, the owners of a majority of the residential lots in REGAL POINTE may amend or modify any of said covenants, conditions and restrictions in whole or in part by a written instrument duly executed by said owners of a majority of the residential lots in REGAL POINTE, duly recorded in the Office of the County Clerk of Orange, Texas provided however, that said restrictions may not be modified or amended in such a manner that would substantially alter the original intent of said restrictions. After September 1, 2013, said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each unless by a written instrument duly executed by the owners of a majority of the residential lots in REGAL POINTE, duly acknowledged in record able form by each of said owners and duly recorded in the office of the County Clerk in Orange County, Texas, it is agreed to modify, amend or terminate any of said covenants, conditions, and restrictions in whole or in part.
4 - ANNUAL MAINTENANCE CHARGE
4:1 - Each residential lot or plot in the aforementioned subdivision is hereby made subject to an annual maintenance charge for the purpose of creating a subdivision maintenance fund to be known as “maintenance fund”, except that no lot or plot shall be assessed or subject to any maintenance charge while owned by Grantor. The maintenance charge shall be assessed against each lot on the 15th day of June and the 15th day of January next following the purchase of any lot from the Grantor. A statement reflecting the amount of the assessment with respect to each lot shall be mailed or otherwise delivered to each lot owner ( and the holder of the mortgage on such lot if applicable) as soon as practicable after each assessment date. The amount of each assessment shall be paid by the owner of each lot ( or the holder of the mortgage on such lot if applicable) to the association within ten (10) days after the assessment date, I.E. any maintenance charge assessed hereunder and not paid when due shall bear interest from the date due until paid at the rate of eighteen percent (18%) per annum.
4:2 - The execution of a contract for deed to any residential building lot or plot by the owner thereof, as seller, shall not relieve the owner of liability for the payment of such annual maintenance charge and the owner and purchaser thereunder shall be jointly and severally liable for the payment thereof. To secure the payment of the annual maintenance charge a vendor’s lien upon and against each residential lot is created by this instrument and the title to each lot sold or conveyed by this instrument and the title to each lot sold or conveyed by grantor shall be subject to the vendor’s lien securing said charge, which lien is reserved in favor or the Trustees of the REGAL POINTE, their successors and assigns.
4:3 - The maximum semi-annual maintenance charge on each residential lot from and after the date that such charge is first assessable against such lot shall be the sum of $163.00. Notwithstanding anything stated above to the contrary, the maximum semi-annual maintenance charge may be increased effective January 15, 1995, and January 15 of any subsequent year by the Trustees of the Regal Point Owners Committee by an amount not to exceed ten (10) percent per year. An increase in the annual maintenance charge in excess of ten (10) percent for any calendar year shall require the affirmative written vote of 80% of the members of the REGAL POINT OWNERS COMMITTEE each time said increase in excess of ten (10) percent is contemplated. Further, the annual maintenance charge may be decreased below the minimum amount set forth above, provided that such a decrease is approved by majority of the members of the REGAL POINTE OWNERS COMMITTEE.
4:4 - The lien of the assessments provided for herein, however, shall be subordinate to any lien presently existing on all or any portions of any lot or lots and to any lien, present and future, given to secure the payment of monies advanced or to be advanced on account of the purchase price of and/or improvements on any lot. Sale or transfer of any lot shall not affect the assessment lien. Sale or transfer of any lot pursuant to mortgage foreclosure or any proceedings in lieu other of, shall extinguish the lien of such assessments as to payments which become du prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.
4:5 - The total funds accumulated from this charge, insofar as the same may be sufficient may be applied towards the payment of maintenance expenses incurred for any or all of the following purposes: providing, maintaining, and replacing shrubbery, plants, grass, trees, monuments, gate-ways, and other landscaping or decorative improvements at subdivision entrance; maintaining and repairing the fence located on the perimeter boundary line of the subdivision; lighting, improving and maintaining streets and esplanades; fogging for insect control; payment of legal and all other expenses incurred in connection with the collection, enforcement and administration of the “ maintenance fund” and the enforcement of all restrictive covenants for the subdivision; employing policemen and watchmen; and doing any other thing necessary or desirable in the opinion of the Trustees of REGAL POINTE OWNER’S COMMITTEE to keep the property in the subdivision neat and in good order, or which it considers of general benefit of the owners or occupants of the subdivision.
4:6 - The Trustees of REGAL POINT OWNER’S COMMITTEE do hereby appoint HENRY LABRIE, who shall be responsible for providing third parties with information concerning the annual maintenance charge. A majority of the Trustees of the REGAL POINTE OWNERS COMMITTEE may replace the above individual or any substitute thereof, without cause. Notice of said replacement should be placed of record in the Real Property Records of Orange County, Texas.
