Hickory Creek Civic Club

Deed Restriction

PROTECT YOUR INVESTMENT

In order to keep our properties valuable for future resale, adherance to a property deed is indisputable. A picture of the front page of Hickory Creek's Restrictive Covenant is shown for reference as it would have been presented with closing documents provided by the title company who prepared your home closing.

It is the "law of the land" as long as you continue to be a home or property owner in Twin Woods, a/k/a Hickory Creek, and is enforceable in Brazoria County Court by the developer or any property owner until 2026. For clarification on any part of the document, contact its author, Wayne Ausmus at 281/997-9876, or consult an attorney.

If you do not recognize this document, a FREE copy will be provide to you by HCCC. Click the link at the end of this page to request your copy or contact the current president. For your convenience, its textual content is outlined below so that you may do a word search using the "Find" command on your browser. DISCLAIMER: In NO WAY does HCCC intend for this text to be a replacement for the legal copy; clarifications or known errors are noted in brackets "[ ]."

For news items related to enforcement of deeds, click on any of the links at the end of this very long page for articles or discussions.

SUBDIVISION RESTRICTIVE COVENANTS

THE STATE OF TEXAS, BRAZORIA COUNTY (FILE 96-037048)

KNOWN BY ALL MEN BY THESE PRESENTS:

THAT AUSMUS CONSTRUCTION., INC., a Texas corporation, DBA AUSMUS HOMES chartered for the development of subdivisions and the construction of residential buildings and related structures, acting herein by and through its duly authorized officers and agents, being the owner, developer and subdivider of TWIN WOODS, a subdivision known as HICKORY CREEK, a subdivision in Pearland, Brazoria County, Texas as shown by plat thereof recorded in Volume 17, Page No. 295.296 of the Map Records of Brazoria County, Texas, for the purpose of creating and implementing a uniform plan for the development, improvement and sale of said subdivision and the hereinafter described property as a restricted, exclusive residential district, hereby establishes and adopts the following restrictions, covenants and conditions upon said subdivision and hereinafter described property:

I. The restrictions, covenants and conditions hereof shall apply to all lots of TWIN WOODS, a subdivision known as HICKORY CREEK, as sited above

II.1. All of the lots shall be used for residential purposes only and no part of any lot shall be used for any type of business or profession.

II.2. Every type of institutional use, whether profit or non-profit, including but not limited to club, clubhouse, fraternity, sorority, lodge, church, clinic, sanitoria, academy, school, nursery, day-care center, or nursing home uses, or any of them, is prohibited upon each lot.

II.3. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) single-family dwelling, or house, not to exceed two (2) stories in height, a private garage to house not less than two (2) passenger automobiles, and other outbuildings incidental to residential use of the lot, all subject to the same height limit prescribed for the house. No building may be constructed or erected on a lot to a height of more than 36 feet above the finished grade level of said lot.

II.4. No building, whether to be used as a residence or otherwise, shall be moved onto a lot.

II.5. No mobile home, travel trailer, tent, shed, garage, bar or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently, nor shall any structure of a temporary nature be used as a residence.

II.6. The living area of the main house, exclusive of open porches, patios, lanais, breezeways, and garages, shall contain not less than 1300 square feet, in a one-story house and shall contain not less than 900 square fee in the first floor of a story-and-a-half or two-story house. Any dwelling which does not comply with these provisions shall be required to comply or shall be removed from the lot.

II.7. All houses in the subdivision shall have not less than 60% masonry over all exterior walls. “Masonry” as used and required herein shall include brick, brick veneer, stone, stone veneer, stucco, concrete, weatherproofed plaster, or other masonry type construction, or any combination thereof, but does not include asbestos shingles, asphalt shingles, composition shingles, or other similar fireproof boarding. The above percentage calculations for “exterior walls” excludes gables, doors, and windows.

II.8. All roofs of houses in the subdivision shall be of Prestige II Weatherwood composition shingle construction, thermotype marble, slate, tile, or of Architectural Control Committee approved built-up, flat construction.

II.9. All frame garages or frame outbuildings erected upon any lot shall be promptly painted outside with at least two (2) coats of paint. A garage or other outbuilding on any lot shall be of construction and architectural type similar to the main house thereon.

II.10. No sign of any kind shall be displayed to the public view of any lot except one (1) sign of not more than five (5) square feet advertising the property for rent or sale, or [sign] used by a builder to advertise the property during the construction and sales period.

II.11. No [commercial] truck, truck-tractor, bus, motor home, trailer, boat, or marine craft shall be left parked in the street in front of any lot except as auxiliary to the construction or repair of a house or house in the immediate vicinity, or for the servicing of or delivery of goods and merchandise to such house or houses, and no [commercial] truck, truck-tractor, tractor-trailer, bus, motor home, or trailer shall be left parked in any driveway or other portion of a lot, unless inside a garage or behind a fence.

II.12. No building shall be located on any lot nearer to the front line or nearer to the side street line, if any, than the minimum building setback lines shown on the recorded plat of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION.

II.13. In any event, no building shall be located on any lot nearer than 25 feet to the front lot line.

II.14. In any event, no building shall be located on any lot nearer than 15 feet to any side street line.

II.15. In any event, no dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line or nearer than 5 feet if it is a
detached garage.

II.16. All residences erected on lots in TWIN WOODS, known as HICKORY CREEK, shall be oriented toward the front lot line, providing, however, the main entrance to such residence may be situated in a side exterior wall of such residence but in no case shall such entrance [face], in whole or in part, the rear lot line.

II.17. No fence or wall of any character shall be erected nearer the lot line than 25 feet therefrom and no fence or wall shall exceed 7 feet in height. Barbed wire and mesh or net fencing are prohibited unless such be galvanized chain link.

II.18. No hedge of more than 6 feet in height shall be permitted in front of any dwelling.

II.19. On lots situated at street intersections, no fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) feet to six (6) feet above either intersecting street surface within a radius of 35 feet from the nearest extended street line intersection at the lot shall be permitted. No tree shall be permitted to remain within such distance of such intersection unless the bottom foliage line thereof is maintained at sufficient height to prevent obstruction of such sight line.

II.20. Grasses and weeds growing on any front, side or rear yard of a lot shall be cut or moved at such intervals as to maintain thereon, at all times, an average height of such vegetation per yard, front, side, or rear, of not more than six (6) inches above the sod thereunder. Until a dwelling is built on a lot, the undersigned, or its duly authorized agents or assigns, may, at its option, cut grasses and weeds to meet this covenant and may have dead trees, shrubs, and plants removed from the lot and the owner of said lot shall be held, by the acceptance of a deed thereto, to be obligated to pay and reimburse it, its duly authorized or assigns for the costs thus incurred.

II.21. When any building is erected upon a lot, that portion of the lot lying between the front lot line, the front setback line, and the enclosing side lot lines, shall be sodded, seeded, planted and maintained as a lawn, excepting 33-1/3% of such described area may be maintained for paved driveways, parking areas, and shrubbery, nursery, and hedge plantings, or any combination thereof, consistent with all other requirements of the covenants thereof.

II.22. Easements for installation and maintenance of utilities and drainage facilities and for ingress and egress of the grantor and all others authorized to install or maintain such utilities and facilities are reserved as shown on the recorded plat of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION. Within a lot area where fencing, walling, or planting is permitted, any fence, wall, or planting in or across said easements may be removed by said utilities, their duly authorized agents or assigns, and by said grantor, its duly authorized agents or assigns, free of any and all liability or obligation to the owner or owners of such fence, wall, or planting on account of such removal. Said utilities easements are for all utilities now or hereafter to be installed and maintained in said recorded plat locations according to custom and usage from time to time.

II.23. Most electrical and telephone service and subdivision distribution lines shall be buried in conformance with the then applicable National Electrical Safety Code.

II.24. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood.

II.25. No oil or gas drilling, oil or gas mineral producing, oil exploration or development operations, oil refining, quarrying or mining operations shall be permitted upon, or under any lot, provided, however, the present facilities and activities in connection therewith on any recorded plat pipeline easements shall not be deemed a violation of this covenant.

II.26. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided, however, that such are not kept, bred, or maintained for commercial purposes, and that such do not create an annoyance or a nuisance to the neighborhood.

II.27. No lot shall be used or maintained as a dumping ground for garbage, rubbish, or trash. Garbage, rubbish, or trash shall not be permitted on any lot unless the same is stored in a sanitary container or containers and removed from the premises promptly. Garbage removal by the City of Pearland Sanitation Division on its regular schedule for servicing the street upon which a lot is situated shall be deemed requisite promptitude for the removal of garbage. Accumulations of rubbish or trash, including, but not limited to, grass-cuttings and tree limbs, shall be removed no less often than twice a month.

II.28. No boats or marine [craft] shall be stored or parked in any driveway or open parking area of a lot, unless inside a garage or behind a fence.

II.29. An underground electric distribution system will be installed in that part of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, designed Underground Residential Subdivision, which underground service area shall embrace all lots in TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION. The owner of such lot in the Underground Residential Subdivision shall, at his own costs, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the electric company’s metering on customer’s structure to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition the owner of each lot shall, at his own costs, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such owner’s lot. For so long as underground service is maintained, the electrical service to each lot in the Underground Residential Subdivision, shall be uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current.

III.1. ARCHITECTURAL CONTROL COMMITTEE. Creation. There is hereby created and established the TWIN WOODS, a subdivision known as HICKORY CREEK, ARCHITECTURAL CONTROL
COMMITTEE.

III.2. Function and Plants and Construction Control. No building shall be erected, constructed, remodeled, or altered on any lot until the scaled construction or remodeling plans and specifications and a scaled plan of the location of the building on the lot have been approved by the said Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with the existing structures, and as to location with respect to topography and finish grade elevation. All location plans or plat 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 specification on plain white paper sequentially numbered. Renderings on plans shall be in conformity with generally accepted architectural techniques. 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 TWIN WOODS, a subdivision known as HICKORY CREEK.

III.3.a. Procedure. Membership of the Architectural Control Committee shall consist of three (3) persons. Its officers shall consist of a Chairman and Secretary, elected by majority vote of qualified and serving members of the Committee. Committee may adopt and amend By-laws [from] time to time for the government of its meetings and internal operation consistent with these covenants, by majority vote of the qualified and serving members. The initial Committee shall be consisted as follows:

III.3.a.1. WAYNE R. AUSMUS, Chairman, Pasadena, Texas.

III.3.a.2. FAYE L. AUSMUS, Pasadena, Texas.

III.3.a.3. RICK FONSECA, Pasadena, Texas.

III.3.a. (cont’d) A majority of the Committee may designate a representative to act for it. Such designation shall be recorded in the Minutes of the Committee. In the events of the death, resignation, inability or refusal to serve of any member of the Committee, the remaining members or members shall have full authority to designate a successor. In case a Committee vacancy occurs, it shall be he duty of the remaining member or members to immediately select a successor or successors. In the event two (2) remaining Committee members cannot agree on the selection of a third successor member, each remaining member shall write the name of his nominee on a slip of paper to be placed in one of two identical, unmarked, sealed [envelopes]. A third person shall then designate one of the envelopes and the person whose name is contained therein shall become the third Committee member. Neither the members of the Committee or its designated representative, if any, shall be entitled to any compensation for services performed pursuant to his covenant. All of the foregoing notwithstanding, at any time, after sale of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, by AUSMUS CONSTRUCTION CO., INC., of the first eighty (80) lots, then the record owners of three-fifths (3/5) of all the lots in the subdivision, including lots owned by AUSMUS CONSTRUCTION CO., INC., on repossession or repurchase, if any, shall have the power through a duly recorded written instrument to change the membership, in whole or in part, of the Committee.

III.3.b. The Committee’s approval or disapproval of plans and specifications as required in these covenants shall be in writing, and shall not specify the reasons for disapproval, if such be the case. However, in the event the Committee or its designated representative, if any, fails to approve or disapprove within thirty (30) days after proper plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction or remodeling has been filed in a court of competent jurisdiction prior the completion thereof, approval will not be required and the requisite covenants shall be deemed to have been fully complied with.

IV. HIGHER RESTRICTIONS – SUBSEQUENT CONVEYANCE. The undersigned or other owner of any lot or lots of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, may provide more onerous restrictions in any deed to any particular lot, whether by increasing the floor space requirements or by other changes, so long as said changes work to raise the architectural and living standards applicable to said lot and are incorporated in the deed or other instrument at or prior to the time of passage of title.

V. REMEDIES FOR VIOLATIONS. Violation of any restriction, condition or covenant affecting any lot as provided or herein shall vest in the undersigned the right to enter upon such lot and summarily abate or remove the same at the expense of the owner or owners of said lot and such entry, abatement or removal shall not be deemed a trespass and the remedy provided for herein shall be cumulative of and in addition to all other remedies which the undersigned may have, and not in lieu thereof, and shall be in addition to the remedies of the other lot owners affected by these restrictions, conditions, and covenants.

VI. MODIFICATION – AMENDMENTS. The undersigned shall have and hereby reserves the right to modify and amend these restrictions, conditions and covenants with reference to location to setback of any of the improvements within the subdivision and the direction which the same shall face to such extent as it deems for the best interests of the subdivision as a whole. Such modifications and amendments, if any, shall be in writing.

VII. TERMS OF RESTRICTION – ENTITLEMENT THEREUNDER. These restrictions and conditions shall be covenants running with the land and shall be binding on all parties and persons owning any of the lots in TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, from the date hereof until the same are changed or removed in accordance with the provisions thereof. [Each owner] of any lot or lots herein shall have the right to enforce these restrictions, conditions, and covenants at law or in equity against the person or [persons] violating or attempting to violate any part thereof.

VII. (cont’d) The then owners of record of three-fifths (3/5) of all of the lots in TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, (regardless of the square foot area or perimeter dimensions of the respective lots) may, by a written instrument executed and filed of record in the office of the County Clerk of Brazoria County, Texas, not more than six (6) months prior to July 1, 2026, change these restrictions, conditions and covenants in whole or in part, as to any or all of said subdivision. The execution of said written instrument shall include acknowledgements thereof in the manner entitling the same to be place of record, but said instruments need not be under one cover but may be several instruments.

VII. (cont’d) Unless a change be made according to the provisions hereof and an additional term of covenanture thereby established, the restrictions, conditions and covenants hereof shall expire on March 1, 2026.

VIII. SEVERABILITY. It is hereby declared to be the intent of the maker hereof to create and covenant each separate provision hereof independently in its operative effect of all other provisions, and the fact that any article, section, paragraph, sentence, clause, word or part of this instrument shall be declared invalid or unconstitutional by final judgment of any court of competent jurisdiction shall in no event affect any other article, section, paragraph, sentence, clause, word or part of this instrument, and it is hereby declared to be the intent of the maker hereof to have created and covenanted each article, section, paragraph, sentence, clause, word or part hereof may be thus declared invalid or unconstitutional.

VIII. (cont’d) NOW, THEREFORE, the undersigned, of Brazoria County, Texas, being the owner of TWIN WOODS, a subdivision known as HICKORY CREEK SUBDIVISION, hereby adopts, establishes, and ratifies said restrictions, conditions, covenants and dedications hereby and hereby in all things subordinate to said restrictions, conditions, covenants, and dedication, any liens against said land owned and held by the undersigned.

EXECUTED this 10th day of July, 1996.

AUSMUS CONSTRUCTION CO., INC.
BY: WAYNE R. AUSMUS, President

DISCUSSION

By design of Ausmus Homes, the developer of Hickory Creek, there is one unified neighborhood, by their description of Phases I, II, and III of Twin Woods a/k/a Hickory Creek:

- 80 lots comprised of Phases I (Glastonbury Drive) and II (Hickory Creek Drive). Construction completed.

- 40 lots comprised of Phase III (Barkly, Breckenridge, Brookhaven, Danbury, and Hickory Knoll), construction in progress by Promenade Homes.

Each are goverened by same-but-separate deeds, the only difference being an increase in square footage requirement for lots in Phase III (Section II.6). Since Hickory Creek technically encompasses all 120 lots, these questions may need to be addressed in the future:

1. Should these two documents be combined into one? If so, what is the legal process?

2. Should a new architechtural committee be assigned? If so, who should be on that committee?

3. What is the process for filing restrictive covenants after its expiration in 2026?

Join the discussion by clicking the link below and make your comments and suggestions known to your neighbors.

Links

Article, Disclaimer - Deed Restriction Letters, Aug 2001
Article, Maintain Our Property Values, Jan 2001
Discussion, Deed Restriction Enforcement
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