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THE STATE OF TEXAS
COUNTY OF BRAZOS §
DECLARATION
OF
COVENANTS,CONDITIONS,
RESERVATIONS AND RESTRICTIONS
OF
TUSCANY TRACE SUBDIVISION
WHEREAS,IDB DEVELOPMENT,LTD. is the owner of all that eertein tract of land in
Brains County,Texas,which tract is described as TUSCANY TRACE SUBDIVISION as per the
plat of he Subdivision recorded in Volume 5973,Page 8,Official Records ofBrazos County,Texas;
and
WHEREAS, IDE DEVELOPMENT, LTD. desires to create and provide for the
development,improvement and maintenance of said TUSCANY TRACE SUBDIVISION for The
muted benefit and pleasure of the present and future property owners in such Subdivision,and to
protect thepmpertyvalues within such Subdivision by imposing upon and against all the designated
Lots therein,except as specifically excluded herein,the covenants,reservations,restrictions and
other provisions hereinafter set forth;
NOW THEREFORE,IDE DEVELOPMENT,LTD.does hereby make,adopt and establish
the following reservations,redactions,declarations,easements,limitations,charges,agreements,
covenants,conditions and stipulations,each of which shall be applicable to all Lots,subject to any
Lots specifically excluded from any specific Restrictions, in the TUSCANY TRACE
SUBDIVISION according to the map or plat Sled of record in the office of the County Geer of
Brazos County,Texas in Volume 5973,Page S,OfficialRecords of Brazos County,Texas.
DEFINITIONS
The following words when used in this instrument shall have the following meanings:
1. 'IDE"shall mean IDE DEVELOPMENT,LTD.,its suxessors and assigns.
2. "Subdivision"shall mean TUSCANY TRACE SUBDIVISION as per the plat
recorded in Volume 5973,Page s,Official Records of Brazos County,Texas.
3. "Recordine Date'shall mean the date upon which this document is filed of record
with the County Clerk of Brazos County,Texas.
4. "Lot"ori a'LS&L shall mean those plots of land shown on the map or plat of the
Subdivision filed ofrecord with the Clerk ofRrazos County,Texas in V olunre 5973,
Page 8,Official Records of Brazos County,Texas.
5. 'Owner'shall mean andrefer to the record Owner,whether one(1)or more persons
or entities of the fee simple title to any Lot in the Subdivision,or any part or interest
therein,but shall not mean or refer to any mortgagee,under any applicable theory of
mortgage,unless and until such mortgagee has acquired legal title pursuant to
foreclosure or any proceeding inlieo of foreclosure.
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008591.36 OR 60961 155
6. "Declaration"shall mean and refer to this instrument,including all ofits restrictions,
reservations.covenants,agreements,charges,coalitions,and stipulations.
7. "Committee"shall mean the Architectural Control Committee established underthe
provisions of this document,its successors anti assigns.
8. "Association"shall mean and refer to Tuscany Trace Homeowners Association of
Brazos County.Inc.,a Texas non-profit eerporation,ptovided for in this document,
its successors and assigns.
9. "Landscape Easement'shall mean end refer to a strip of land lying and being a
portion of Lot 1 and Lot 18 and being flfly feet(50')in width adjoining and next to
the right-of-Way line ofFM 2154 end naming parallel to the right-of-way line of PM
2154 for the entire length of Lots 1 and 18 adjoining FM 2154.
IL
RESERVATIONS
A.In so authenticating said map orpiat for record and in so dedicating the use of the streets
(whether such armee are referred to as drives,avenues,reeds,lard,ways,boulevards or streets)as
shown thereon to the public for ordinary roadway purposea only,there was reserved and there is
hereby expressly reserved in IDE and its successors and assigns the following rights,titles and
casements(hereinafter collectively called"Reservations"),which Reservations shall be referred to
as a pat of and construed as being adopted in each and every contract of sale,deed or instrument
of conveyance executed or to be executed by or on behalf of IDE conveying any properly in the
Subdivision or any part thereof
1. The legal and fee simple title in and to each and all of said streets as shown on said
map or plat of the Subdivision is hereby reserved in IDE subject to the limited
dedication of the use of streets,not marked as private by the letters"Pvl",to the
public far ordinary roadway purposes only.
2. IDE reserves for Unit its successors and assigns,apapetualnonexclusive easement
to lay,construct,operate,maintain,inspect,repair,reconstrue.t,multiply,change the
size ofendremove auchwater.sanitary sewer and storm and gas pipes,water and gas
mains and conductors and all appurtenances thereto pertinent to the operation of
waterworks,sanitary sewer,storm sewer and drainage systems ss it or they may from
time to time desire,in,along,under,over,across and through all of the streets,both
public andprivate,in the Subdivision.Such pipes,mains,conductors,lines,wires.
conduits and appurtenances shall be buried to such reasonable depths as will not
interfere with the use of the streets for ordinary roadway purposes.
3. IDE reserves for itself its so=assess and assigns,title in and to all water,sanitary
sewer,storm sewer,drainage and gee pipes,mains,conductors,and all appwtensnces
thereto and all electric distribution and oonummicetiohlinea,wires,conduits and all
appurtenances thereto constructed by IDB or its agents in all of said shuts in the
Subdivision,together with aperpeblsloaaement to Operate,maintain,inspect,trpsir,
reconstruct,change the size of and remove such pipes,mains,conductors.lines,
wires,conduits and appurtenances thereto,as it or they may from time to time desire
4. IDE reserves for itself its successors and assigns,a perpetual utility casement in,
along,under,over,across,and through a ten(10)foot strip around the entire
perimeter of each Lot in the Subdivision,which strip shall be measured from the
property line of each Parcel inward.With respect to such easement,IDE shallhave
the right to construct,operate,maintain,inspect,reconstruct,multiply,change the
size o land remove such utility lines and facilities(including without limitation of
the generality thereof,water,sanitary sewer,storm sewer,drainage and gas pipes,
mains, conductors and all appurtenances thereto and electric distribution and
communication lines, wires, conduits, guy wires. poles, connections and all
appurtenances thereto),as it or they may from time to time desire,together with the
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00858136 R 60961 156
right of ingress and egress thereto. JDE further reserves the exclusive right to grant
franchises and easements to other utility owners to lay,construct,operate,maintain,
inspect,reconstMel,change the size of,multiply and remove such utility lines,as
described above,in such utility easements.Suchutility easements arenot dedicated
to the public in any manner.IDE reserves the right to release or cancel any of the
easements reserved herein.
IDE further reserves for itself;its succesaors and assigns,a perpetual drainage
easement that shall be coextensive with the above described len(10)foot utility
easements.
!DE furtherreservea for itself its successors and assigns,aperpetual electricalutility
easement located along all streets,both public and private,in the Subdivision;said
electrical easement shall be ten feet wide.
5. IDE resolves for itself:its successors and assigns the right to make minor changes
in and additions to the utility easements heretofore described for the purposes of
more efficiently and economically installing the improvements and the right to
release or terminate any easements or portions thereof.
6. IDE reserves for itself its successors and assigns an easement to retain and impound
water on the following Lots:Lots Two(2)through Seven(7)and Lots Tea(10)
through Fourteen(14),up to the normal vegetation line as shown on the plat or map
attached hereto asExhibit"A",which easement shallbeexpanded lempon*during
times of significant rainfall for the short period ofthnes that ate reasonably necessary
for the excess rainfall and water runoff to drain from the lakes;provided,however,
IDE and its successors and assigns shall cat have the right to increase the normal
water storage or vegetation line on any Lot from its present elevation and storage
BIM
7. IDE reserves foritself,its successor and assigns,an easesnentatsreaaonableMention
on, over and across all Lots in the Subdivision diet adjoins any lake in the
Subdivision or adjoins any dam in the Subdivision that creates a lake in the
Subdivision and any Lot on which a darn or part of the dam for any lake in the
Subdivision is located. The easement reserved hi this paragraph shall be for the
purpose of inspecting,repairing,and maintaining the dam that creates the lake
adjoining or on such Lot or the dam that is located cm ouch Lot or Lots. IDE shall
not have any duty to repair any dam.The Association may make repairs to the dams
if the Association so desires and assess the Owners of the Lots on which the lake
created by the dam being repaired or maintained is located.Each Lot on which such
particular lake is located shall pay an equal share of the cost of the repair or
maintenance of such particular darn.
g. IDE reserves an easement for itself,its successors and assigns,and an easement is
dedicated for thence of each Owner to go upon the entire surface of any lake that is
located partially on a Lot owned by such Owner for the purpose of fishing and the
use ofboata and other water craft on such particular lake_If a lake is not located on
• an Owner's Lot or partially on an Owner's Lot,an Owner may not use such lake.
This easement*laza extend to enter upon or enter the lake from any shoreline of
a lake not within the boundary of an Owner's Lot.The Owner of any paitictilee Lot
may erect fences or other barriers in the lake to restrain and confine livestock within
the boundaries of such Owner's Lot or Lots,subject to the Committee's written
approval of fence location,fence material,and aesthetics of the fence.
9. 1DE reserves and maintains an easement for itself and its successors and assigns and
dedicates to the Association,an easement over,under and across the Landscape
Easement for the purposeof constructing,repairing,mowing,and maintainingbenms,
landscaping, fences, signs, irrigation liner, lighting, sprinklers, and Uvular
improvements located on or in the Landscape Easement. No Owner shall have the
right to remove,alter,destroy,or harm any improvements built or placed in the
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0013513136 OR 60961
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Landscape Easement. The right to enter and go upon the Landscape Easement is
solely for the bandit of IDE,the Association,and their agents,representatives,
contractors,and employees and does not extend to Owners of other Lots in the
Subdivision.
10. The conveyance by IDB of any Parcel in the Subdivision by contract,deed or other
instrument of conveyance shall not in any event be held or construed to include any
of the rights,titles and easements heretofore reserved in any of the foregoing
paragraphs,nor the title to water,gas,unitary sewer,storm sewers,drainage,e
lectric
light,poles or conduits,pipes,mains,or any other utility or appurtenances enances thereto
constructed by its agents,in,along,under,through,over,across or upon such
easements of such property, or any part therm;or any other Phase of the
Subdivision.The right to sell and lease or otherwise transfer all such rights,titles,
casements,utilities and appurtenances is expressly reserved in 1DR. The transfer
maybe made to the Tusesny Dace Homeowners Association o County,lity or such other third
City of College Station.Brazos County,Texas,public
parties as IDE may desire.
11. IDE shall retain and does hereby retain an exclusive easemtat ("Exclusive
Easement")for the benefit of Lots 19 end 20 to the exclusion of all others over and
across the"Private Road"shown on the pint of the Subdivision and labeled Bella
Lago Court on the plat The Exclusive Easement shall be for exclusive use of Lots
19 and 20 or any portion of Lot 19 or Lot 20 thereof for the purpose of ingress and
egress to and from Lots 19 end 20.This Exclusive Easement include/the right to
improve,maintain,sad repair thePrivate Road,street,and/or improvements located
thereon and the right to install,repair,and maintain utilities in the Exclusive
Easement.
B.The foregoing reservations°frights and easements shallnot obligate IDE to exercise any
of suet reserved rights and easements or manner use of the lakes or repair or maintain any dam
•
creating a lake in the Subdivision.Any damage to aLotresulting from the exercise oflberiglhty and
easements reserved herein shall promptly be repaired by,and at the expense of,the person
exercising such right or easement
C.The invalidity,abandonment or waiver of any one or more of the foregoing Reservations,
or any sentence,clause or part thereof shall not affect the remaining Reservations or sentences,
clauses erparls thereof,which shall remain in full force and effect.
EL
RESTRICTIONS
For the purpose of creating and carrying out a uniform plan forte parceling and sale of the
Subdivision as adistict set aside for residential homes and certain other uses accessory thereto,the
following restrictions,including without limitation reside:he ts,covenants,declaration,easements,
limitation,charges,agreements,andcouditions(herealtercotlectivdYcaD�Cf pct oFa 1 the
are
hereby established and adopted to apply teriformmly to use,occupancy Y
Lots In the Subdivision unless epeoileally excluded in these Restriction. Every contact,deed
or conveyance which maybe hereafter executed with regard to any of the property is the
Subdivision shall be conclusively deemed to have been executed,delivered and accepted
subject to the following Restrictions,even if the Restrictions are noted out in till and are not
incorporated by reference in such contract of sale,deed,lease or other transfer of and interest in
such Parcel.
A. aUILD1NG AND CONSTRUCTION RESTRICTIONS
1. Except as otherwise specifically provided in Section 111-B, each Lot in the
Subdivision shall be used only for nom-commadel residential,and recreational
purposes. Only single family residential dwellings,barns,and appurtenances
ordinary to residential living shall be permitted. All dwellings, barn and
appurtenancee shall also require the approval of the Committee.To this cad,withouT
EuwnY"i TUSCANY TRACE RESTRICTIONS 044E54 4
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00858136 Bk 66961 1599
limitation, the following structures may not be built on any Parcel in the
Subdivision;hospitals,clinics,rest homes,duplex houses,apartment houses,garage
apartments,mobile homes,hotels,or any retail,wholesale,or other business or
commercial eshubiiehments of any kind.
2. No residence shall be constructed on any Parcel that has launder-roof squareliving area,
vont Each
excluding porches.garages.patios and the like,of less
residence must include at a minimum atwo car garage,
3. Only one single family dwelling("Dwelling")and appurtenances thereto such as
games,outbuildings,bans,and the lace,may be placed or constructed on each Lot.
4. No building or struemre except fences maybe located on any Lot nearer to the front
of the property line than thirty(30)feet,or nearer to either side of the Lot line than
thirty(30)feet or the backLot line thanthirty(30)feet The front side of'Lot is that
side which abuts a street Lots that abut on two streets shall be deemed to fronton
both street.
5. Drainagesttuctureswhererequitadunderprivatedrivewayeshsllbaveanet drainage
opening area of sufficient size to permit the flee flow of water without back water,
and shall be of the diameter and length as approved by the Committee and Brazos
County and/or the City of College Station,Texas.The Committee mnst approve s
culvert material and retains the right to require all driveway culverts to he a uniform
design for all Lots inthe Subdivision.All driveways shell be constructed of concrete
or asphalt construction or other materials approved by the Committee.My damage
caused to roadways by Owner,before,during or following construction or any
damage caused by Owner's contractors,employees,invitees,guests or family
members shall berepaired at Owner's expense to the 5atisfaction of the Committee.
any
6. No building material of any kind or character shall be placedorr stored uponateParcel more than 30 days before The construction of a building improvements
commenced,and then such material shall be placed within the building litres as
established above.Atthecompletionofsuch building orimprevementa,such excess
or scrap material must be immediately removed from the premises.
7. No stumps.trees,underbrush or any refuse of any kind or temp material from
improvements being erected on any Lot shall be placed on any other Lot,or on
streets or easements nor may they be burned on site without written approval of the
Committee and Brazos County.
S. Exposed openings resulting from any excavation made on any Parcel shall be
benlcllef and the di,twbcd ground rhailba leveled.No change of elevation on any
Parcel greater than five(5)feet shall be made without the approval of the Committee.
9. No residential dwelling shall be built without a State of Texas approved septic tank
or other sewage disposal system that is so approved. Sanitary sewer service will be
by on site sanitary sewer facilities(OSSF's). All Lots served by OSSF's mast
comply with county and state regulations. All OSSF construction must have an
"Authorization to Construct"permitissuedbythe Brum CoomtyHealthDeparimenl.
This permit insures compliance with the county Order adopted by the
Commissiomer'e Court of Brazos County,pursuant to the provisions of Section
21.064 of the Texas Water Code.
10. All electrical,telephone,television cable,and other such lines installed on any Lot
shall be buried underground unless approved in writing by the Committee.
Underground electric service willbe available to Parcels in the Subdivision[fsnch
service is made available to a Parcel and Owner of such Parcel desires to use such
service,such Owner shall,at his or her own cost,furnish,install,own and maintain
(all in accordance with the requirements of local government authorities the
the
National Electric Code)the underground service cable and appurtenances
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paint of the electric company's metering on such Owner's structure 1a the point of
attachment at the electric company's enagizedsceondatyjtm on boxes,said point
of attachment to be made available by the electric company at anoint den gourd lay
the electric company. The electric company famishing service shall make the
necessary electrical connection at said point of attachment and at the meter. In
ashall,at his or her own cost,furnish,install,own and maintain
a metsuch Owner and specifications of the
a meteerr loop('m accordance with the current standards
electric company furnishing service)for the location endsnstatlationofthe meta of
the electric company foinishiagservicetothe residence conetraeted on such Owner%
ParceL For so long u underground serviette maintained,the electric service to each
Parcel shall be uniform and exclusively of the type known as single phase 120/240
volt,3 wire.60 cycle alternating current IDE has prepaid Bryan Texas Utilities
("BTUs) in nor electrical utilities teth Subdsv on.BTUbaaagreed
to reimburse IDE the sum of ONE THOUSAND NINE HUNDRED FO
RTEEN
AND 45/100 DOLLARS(11,914.45)for each utility meter
meterprior to
prio to Imeorry 1,2009,suchIn the event any hOOwner shall pay connect
an electrical
11. percentAlr outside(75%)conmasonrysofmaterialReidence must be conmosed of at least seventy five
unless a variance is granted in writing by the
Committee.
12. The color scheme,design,height,configuration,location,and orientation of all
structures including,but not limited to,residences,Ipaages,barns,outbuildings,and
the like located ons Lot shall be subject to the approval of the Committee,which
approval maybe denied if the Committee is of the opinion that such color scheme,
design,height,configuration,orientation,or location will be detcintental to the
Subdivision or an adjoiningLot orParcel in the Subdivision.The color scheme shell
include window coveting visible from outside of the structure.
13. All mailboxes must be the standard design epprovedby the Committee andutuiths
encased with brick or other masonry materialwith such design,location,color,and
material also being subject to the approvalof the Committee.
14. All satellite dishand/oranteonaeortowers mustnotbevisible Romany street orally
road or from another Lot within the Subdivision unless prior written approval is
granted by the Committee.
15. No above ground swimming pools will be allowed;provided,however,spas will be
allowed with priorwritteo approval of the Committee.The Commitee&bellbave the
right to approve the design,location and material of such spas.
16. The Co mnillen shall have the right to approve the location of any tank used or
proposed in connection with a single family residential structure or appulttitanees
thereto,including tanks for storage of fuel,water,oil or Liquid Petroleum Gas"IPG"
and including swimming pool filter tanks.No elevated tanks of any kind shall be
erected,placed or permitted on any Lot. All tanks shall be screened so as not to be
visible from any street,road,or other Lots in the Subdivision.
17. The seventy foot(701 Private Road shown on the plat of the Subdivision as Bella
Logo Court shall be for the exclusive use of Lots 19 aid 20.No olherLots or Owner
shall have the right to use the Private Road. Lot TEN(10)and Lot ELEVEN(11)
may not use the Private Road for ingress and egress to such Lots.
B. GENERAL RESTRICTIONS
1. No noxious or offensive trade or activity shall be carried on upon any Parcel not shall
anything be done which may be or become any annoyance or nuisance to the
Subdivision.
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000856136 OA k 60961 160
2. No commucruial activity of any kind shall be conducted on any Lot within the
Subdivision."Commercial Activity"shall include but not be limited to,the offering
for sale of any product or service,or the manufacturing or growth of anypmdut,
for
purposes of Bale,without regard to whether Inch activities arc conducted is or from
residential dwellings or otherwise. Notwithstanding the above, farm and ranch
ectividee necessary tomaimtainopen>pace agacaltnral exemption maybe conducted
on Lots 19 and 20,end consulting or similar("In-some")business activities that
have limited customnr activity and visitation shall be allowed.The Committee shall
have the right and power to atop ormnict any suchln-Ilome business activity if the
Committee determines in its sola discretion that the business or activity is detrimental
to the Subdivision or results in excess traffic or activity in the Subdivision.
3. No animals,livestock,or poultry of any kind shall be raised,bred,ork apt on any Lot
within the Subdivision except as provided and limited below. Each Lot shall be
allowed one animal unit(au)per acre or fraction of an acre.One animal unit(au)is
defined as set forth below:
1 horse or cow I au
There willbeno swore,bees,or wild exotic or naturally undomesticated animals of
any kind allowed in the Subdivision.All poultry must he caged and cannot be kept
within fifty(50)feet of any property line and shall only be poultry being raised for
school,4-K PFA or similar projects. No animals including dogs and eats will be
allowed to roam free in the Subdivision.Cats and doge shell not constitute animal
units:however,the total number of rats and dogs allowed iball not exceed four(4)
on Lola 1 through 18 and shall not exceed ten(10)on Lot 19 and 20. In the event
any animal creates a nuisance to the Subdivision in the sole and exclusive opinion
of the Committee such animal will be removed from the Subdivision. JDE or
members of the Committee shall have the right to enter and remove any such arimal
which is placed on any Lot in violation of this Section,end in so doing,shall not be
liable and is expressly relieved from any liability for trespass or other sort in
connection therewith,or arising tom such removaL
4. No signs,except signs advertising property for Bale orient(not exceeding 5 square
feet in size),advertisement billboard,or advertising structure of any lied may be
erected or maintained on any Parcel without the consent in writing oldie Committee.
IDE or members of the Committee or the Association shall have the right to eater
andremove any such sign,adverisementorbillboard or structure which is placed on
any Tercel without such consort,and in so doing,shall not be liable and is expressly
relieved from any liability for trespass or other sort in connection therewith,or
arising from such removal. Notwithstanding the foregoing,during the initial
construction of the residence on any Lot,the Owner of suchLot may permit each of
tlhcbuilder and lending institution providing financing for such construction to place
one(I)professional sign(not exceeding five(5)square feet in size),acceptable to the
Committee on such Lot.
5. No part of the Subdivision shall be used or maintained as dumping grounds for
rubbish.Treat cans,garbage cans,or other equipment for the storage or disposal of
such material shall be kept in a clean and sanitary condition.
6. Owners shall not permit the accumulation of trash, rubbish,weeds, or other
unhealthy,unsafe,or unsightly conditions on their Lot or on the easements or the
streets abutting the same.Each Owner shall be responsible forproper disposition of
his or her trash and garbage.The Association may contract for garbage service on
bchaff ofTusrany TraceLor Owners.list,the LotOwoermust agave to the monthly
service charge and reimburse the Association for their fair share of such service on
a monthly basis or may pay semi-annuallyor annually inedvance.Ownccsshhall also
keep the drainage casements free of obstructions. In the evert a Lot or the
improvements located thereon scent maintained in a manner this lends itself to an
attractive appearance(failure to mow weeds,remove dead trees,maintain fences,
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00859136 ORe9k 61 161.
0
color schemes,or similar maintenance)the Committee or the Association,at its
discretion,may have such items removed or repaired or corrected,and the Owner of
such Lot shall be responsible for the cost of such removal,repair,or correction.
7. After commencement of construction of any structure or improvement,the work
thereofshallbe diligently prosecuted to the ends°that the structure or improvements
shall not remain in a partly finished condition any longer thanrcasonably necessary
for completion thereof and a portable rest room will be used. Once the
improvements are completed,the Owner shall maintain and keep such improvements
in a good state of repair.The failure to properly maintain such improvements shall
allow JDE or the Association to make such repairs at the Lot Owner's expense.
9. All fences shall be maintained by the Owners in good repair and the failure to
maintain the fences shall allow IDE or the Association to have such fences repaired
at Owner's expense.All fencing within view of any media the Subdivision or of an
adjoining Lot shall be of such size,design,material and color as is specifically
approved by the Committee.Absolutely no chain link fences will be allowed in the
Subdivision except for dog peas or enclosures which ere not visible from any road
or adjoining Lot in the Subdivision.All fences along all but the rear Lot line shall
be of such design,color,location, height and material as determined by the
Committee.If afence alonga rear Lot lime creates an unsightly appearance,in the
sole discretion retire Committee,the Committee mayr squire such fence he replaced
at the Lot Owner's expense.
9. No act may be performed which isRely to pollute the air orwater inany part ofthe
Subdivision,including the lakes located in the Subdivision,nor may any Owner
violate my ordinance designed to eliminate pollution at that time in force whether
it be State,County or City.
10. No firearms or fireworks may be discharged on Lots 1-18 or on any easements.No
hunting of any kind will be allowed in the Subdivision including the lakes.
11. No buses,recreational vehicles,or similar vehicles,boats,jet skis,motor homes,
travel trailers,utility trailers,lawn mowers or tractors will be parked in excess of
twenty four(24)consecutive hours in a location in the Subdivision that is visible to
passers by on any street or from an adjoining Lot,unless prior written approval is
granted by the Committee.
12.. The Association shall have firelight tow-strict and/orprohibitthe use ofmotcucycles,
four-wheelers,go-carts,all terrain vehicles and similar modes of t rmeportation on
the streets,County right-of-ways,or public and private easements located within the
Subdivision including the Landscape Easement Same may be kept,parked,stored
or maintained on a Lot only within an enclosed Enact= approved by the
Committee or in a location that is not visible to passers by on any sheet or from an
adjoining Lot.
13. Representatives of IDE,the Association,or the Committee may from time to lime
at any reasonable hour,enter and inspect any past of the Subdivision to ascertain
compliance with the Restrictions or any amendments hereto,
14. It is specifically understood and agreed that membership or ownership in the
Association shall remain inseparable from the ownership in a Lot and that such
ownership or membership in the Association may not be conveyed by the Owner or
Owners of a Lot unless such Lot is in a like manner conveyed,
15. As to IDE's interest in the oil,gas,end other minerals,IDE will not voluntarily
consent to oil or gas drilling,development,refining,quarrying ormining operations
of any kind on rhe surface of any Lot nor shall any wells,tanks,tunnels,mineral
excavations or shafts associated with oil or gas drilling,development,refining,
quarrying,or mining operations be permitted on the surface of any Lot. This
WW/tEn TUSCANY TRACE tErratC IONS er4-0354 8
01/10/UJ UO.10 PtIA 010 10 LJOJ Lttv!Iraca 111LP. Ll_LJ UlU
00858136 OR 60961 1628
paragraph does not prohibit the pooling of the Subdivision with other property or
drilling of horizontal or slant bole wells which do not interfere with the use of the
surface of the Subdivision.Notwithstanding the foregoing,each Owner by its
acquisition of a Parcel of the Subdivision hereby aelmowledgea that the mineral
estate in and under the Subdivision has been,or will be reserved by IDE,third
parties,or predecessors in title to the Subdivision.
16. No boats powered by gasoline,diesel,propane or hydrocarbon—faeled engine of any
kind shall be operated on the Lakes within the Subdivision.
17. No water may be pumped or otherwise removed from a lake within the Subdivision
without the written permission of the Committee.
18. No eighteen(Ig)wheel tractor trailer tracks shall be allowed to park in the
Subdivision or on any Lot.
19. No vehicle or motor driven machinery that has not been operational for thirty(30)
consecutive days will be allowed to remain on a Lot unless such vehicle cannot be
seen from a road or street in the Subdivision or an adjoining Lot in the Subdivision.
20. No activity will be conducted on any Lot that will pollute or deposit materials in
any lake or harm the fish in any lake located in the Subdivision.
21. No Owner shall remove,alter, or destroy any dam'that creates a lake in the
Subdivision without the written consent of all of the Owners of the Lots that have
access to the particular lake and the Committee.This paragrephdoesnot apply to the
repair and maintenance of the Private Road and Exclusive Easement shown on the
Plat.
22. No mobile or modular homes may be placed or used on any Let.
23. In addition to the above listed lions,thercatri Ons contained in theinstmrttent
recorded in Volume 4339,Page 178 and Volume 4339,Page 199 of the Official
Records of Brazos County,Texas,shall also encumber the Lots and ane in addition
to the above listed restrictions.
IV.
ARCHITECTURAL CONTROL
A. There is hereby created the Architectural Control Committee which shall consist of
four(4)members.The initial Architectural Control Committee is composed of:
Neal Briers Brad Adam •
Alline Briers Gretchen Adam
A majority of the Architectural Control Committee may designate representatives to act for
it.In the wean of the death or resignation or failure lo serve by any member of the Committee,the
remaining members or member shall have full authority to designate a successor,or if they cannot
agree on a successor, the resigning member or his or her independent executor or teepreseotative,
shall designate a successor. Neither the members of the Committee nor its appointed
representatives shall beentitledto any compensation forservicesrenderedpuisuantto this covenant
After fifteen(15)years from the date of this instrument,or at such earlier time as the majority of the
Committee shall determine,the power to designate members of the Architectural Control
Committee will autnmatieally pass to the Association. A majority vote of the Committee shall be
required for any action or approve]on any matter.
B. No improvement of any kind shall be erected,placed or altered in the exterior
design after being erected or placed on or attached to any Parcel In the Subdivision until the
construction plans,landscaping plans,grading,drainage, or other plana,aped5cations and a plot
plan showing the location and size of such improvement and the grading and drawing of
JDWAhm 77JSCANY TRACG sssiRICTIOiJs 044364 9
V r/iO/Ua U0.10 rttn O I r l0 LJOJ LHYt1L'KD 11U11
Deo
• 00956136 OR 60961 1639
plans have been submitted to and approved in writing by the Committee,or its designated
representatives as to the harmony of external design with the existing structures on Parcels lathe
Subdivision, as to the type of exterior materials and exterior paint colors, es to quality of
workmanship and materials,and as to locations with respect to topography and finish ground
elevations, and compliance with ill applicable provisions of this document, and general
compatibility within the Subdivision.Improvements as used herein shall be held to include,but not
limited to,building, fences.towers,radio and television satellites,antennas, porches,decks,
walls,swimming pools,water wells,playground equipment,outdoor cooking or eating Jltcilities
of a permanent nature, cages,sheds, streets.alleys,excavation and other earth movement.
The Committee may requires reasonable fee fur perforating the functions herein prevailed
and may disapprove plans,specifications,designs,and plot plans for failure to pay such fee.
Such fees shall be used by the Committee to discharge actual expenses incurred by the
Committee. The Comniaas's approval or disapproval as required by the Restrictions shall be
in writing, After approval in writing has been given, the erecting, placing or altering of
the improvements on any Parcel shall be made only in accordance with the approved plane,
specifications andplot plans,unless variations or changes are also approved in the tame
mariner. The Committee, in its discretion,may exercise the limited right to approve minor
deviations in building area,location,facing of dwellings and setbacks in Instances where,in its
opinion,such deviation will result in a more commonly beneficial nae. Such approval shall be
filed in the Official Records of Brazos County,Texas, end when so given and filed,shall be
deemed to become a part of these Restriction.
C. Neither IDE, the members of the Committee or its representatives, their
successors or amigos, shall be liable in damages to anyone submitting plans to them for
approval,or to any Owner or lessee of any Parcel affected by these Restrictions,by reason of
mistake in judgment, negligence or nonfeasance arising out of or in connection with the
approval or disapproval or failure to approve any plans submitted Every person who submits
plans to the Committee forapproval agrees by submission of such plans,and every Owner or lessee
of any Parcel within the Subdivision agrees,by acquiring title thereto or interest therein,that he or
she will not bring any action or snit against JOE,the Association,or the members of the
Committee, or its representatives,to recover any damages and hereby releases and waive
any such claims or damages against such parties.
At the option of a majority of the Committee,all of the powers, rights, duties and
responsibilities of said Committee may be transferred to One Association; in such event the
Association shall appoint a representative or representatives to perform all functions of the
Committee. Said representative or representatives shah be the successor of the Committee.
V.
TUSCANY TRACE HOMEOWNERS ASSOCIATION OF BRAZOS COUNTY,INC.
A. Creation.The Association,a Texas non-profit corporation,shall be incorporated
with its initial registered office in Brazos County,Texas,and with its principal office located
et 3207 Innsbruck Chute,College Station,Texas 77845.
JDE shall cause the Association to be incorporated,and IDE shall have the power to elect
all members of the Board of Directors and to fill any vacancies occurring therein until IDE has
conveyed by deed, in the aggregate,80%of the Lots in the Subdivision and any future acreage
developed undera common scheme or plan of development by IDE,according to map or plat filed
in the Deed Records of Brazos County,Tawas. Once 80%of the Lots have been so deeded,the
membership ofihe Board of Directors shall be determined by two thirds(2/3)majority vote ofthe
total votes of Lot Owners of record that are entitled to cast votes. The voting shall be conducted
according to rules established by the Bylaws of the Association.The number of votes aparticular
Owner may cast in any election shall be determined as set forth in Section D below. IDE may
elect to transfer power to elect Board of Directors to the record Owners at any time.
B. Powers and Functions, The Association shall havepowers and functions provided
by applicable law,its Articles of Incorporation,Its Bylaws,as heretofore or hereafter amended
respectively,and aura other powers as set forth herein,including without limitation,at its option,
the right to maintain streets,utilities,dams,recreational arras,signs, the Landscape Easement,
lawenm TUSCANY TRA CIL RESTRICT/ORS 040354 l0
1.11/ 10/ UU VV.LV 1'Alt UIU 1 /V LVUJ 1_41111 1.1.1.13,1 111LL' �rJ ViL
•
008581Bk 36 OR 60961 L649
other easements end right-of-ways; furnish power or gas for street and sign lighting,maintain
esplanades,any common areas end the Landscape Easement,maintain city,county or state right of
ways located in or adjoining the Subdivision, obtain and pay for liability insurance otithe
Landscape Easement and properties maintained by the Association. The Association shall
administer the Maintenance Fund hereinafter provided.The Association shall have the right and
power to enfoxec these Declarations(which shall include,without limitation,the right to assess
fines for violations of the Restrictions)and collect the cost and expense of enforcement of these
Declarations including court cost,legal costs,and attorney fees.
C. ars' Lot ownership and membership in Association shall be
inseparable.Transfer of a Lot automatically transfers membership in the Association and all
right of the transferor with respect to the facilities to which ownership of such Lot relates.
If IDE develops further acreage under a common scheme or plan of development,as
IDE,the Association may require such property Owners to be members ofie Association and
they shall have voting rights therein on the same basis as Owners of property in the
Subdivision.
D. Voting.Each Owner of a Lot Martha entitled to one vote in the Association and one
vote for all other purposes requiting a vote o f Owners in these Declarations for each full one sere
contained in the Owners Lok provided,however,each Lot shall always have a minimum of one
vote, (Example:a three end one half(3 1/2)acre Lot would have three(3)votes),
E. Votes of jviulliole Owners of a lot. Votes hereunder may not be cast on a
fractional basis between multiple Owners of a Lot. Further,where there are multiple Owens
of a Lot,it is not intended that each of said Owners shall be entitled to east the voice allocated to
such Lol.When more than one person or entity owns the interest or interests in sad to coy Lot
as required for membership in the Association,each and every such person or entity shall be a
Menber,and the Votes for any Lot shall be exercised as they, among themselves,collectively
determine.Ifaneh Owners ere unable to agree among themselves as to how their vote or votes shall
be cast,they shall forfeit the vote or votes on the matter in question.If more than one(1)person
or entity purports to exercise the voting rights with respect to any Lot on any matter in question,
none of such votes attributable to such Lot shall be counted in tabulating the vote on such mutter,
and such votes shall be deemed void. The Association shall
not be
e required writedn recoMeatlle e t eOvote
ote
or written assent of any such multiple Owners excep the
vdesignated in writing executed by all of such multiple Owners and delivered to the Association.
VL
MAINTENANCE CHARGE
A Creationhereby
J subject to an annual nnual maintenance charge f Two Hundred and 4o/1 0
Charm Each Lot in TUSCANY TRACE
SUBDIVISION,,is:
Dollars(5200,00)per year,payableanoually in advance by the Owner of eaehParoel on the first day
of June of each year,beginning June 1,2004,and each succeeding year thereafter until terminated
as provided below,to the Association,its successors and assigns,for the purpose
ure lonof creating
e ea ing a fund
shall
described below,known as the"Maintenance Fund".Any Lot purchasedLot is owned
have the annual mainteosnce charge proralod to the next lune I.Where anyby more
than one person or entity,said maintenance charge shall be payable by all such Owners,jointly and
severally.
The maintenance charge shall be prorated between purchasers and sellers of Lots.
By acceptance of a deed or other instrument of conveyance,or by any other claim of legal
title to any Lot or portion thereof,each Owner agrees end consents to the maintenance charge and
the liens as provided herein.
The maintenance charge shall be paid for each year from 2004 through 2014,and shall be
extended automatically for successive periods of ten(10)0years ofbefore
record uf ry!,20114 orr
before the 316t day of December of any tenth year
(3/4)of the votes entitled to vote(as determined pursuant to Section V-D above),vote to
Jowmro TUSCANY TRACE stsrlucnoN5 o1-0rsu 11
• 00658136 DR fi0961 1655
discontinue such cheep by written instrument which shall be signed and acknowledged and
recorded in the Deed Records of Brazos County,Texas by the Owners of record of threc fourths
(3/4)of the votes entitled to be cast in accordance with Section V-D above.
B. Liens, The Association shall have a lien against any Lot for which the annual
maintenance charge provided herein or the garbage collection fee set forth in F below shall not be
paid effective uponthe thirtieth(30th)day following the date said maintenance charge or garbage
collection fee became due and payable.In addition thereto the Association shall have alien against
any Lot fortheamount ofany expenditures Aasociatmspent for the purpose of(1)removing
weeds, trash or debris from a Lot,(2)the bringing of any Lot in compliance with these
Declarations,including but not limited to repairs made by the Association to improvements on any
Lot,ern-pairs to the dens creating the lakepattialdy located on such Lot,or(3)otherwise enforcing
the terms of this Declaration against such Lot.The amount of said lien shall be for the amount of
the maintenance charge or garbage collection fee then due,owing and unpaid and/or the cost of
removing any weeds, Sash or debris and/or the cost of bringing of any Lot in compliance
with these Declasstions, including the cost of any repairs to any improvements on the Lot
made by the Association or the Lots pro rata share of any repairs to the dam creating the lake
partially located on such Lot.and/or the cost of otherwise enforcing the terms of this Declaration
against such Lot,plus an additional delinquency charge ofeighteen percent(18%)peril/11M of the
unpaid balance accruing from the date said maintenance charge or removal cost became due and
payable.The Association shall have the right to evidence the existence of this lien by filing a
sworn sod aclmowtedged atatetneat of lien in the Office of lbs County Clerk ofBrazos County,
Texas,but the failure of the Association to so file a statement of lien shall not affect the validity
of the lien as between the Association and the Owner.
C. Purism and Uses of Maintenance Fund. The maintenance charge shall be used 10
pay"maintenance expensee which shall inoludewithout limitaticnexpensea incurred for any of the
following pmpoers: lighting,constructing,improving,repairing.moving,cleaning,channeling
and maintaining right-of-ways,including the Landscape Easement,and state and county right-
of-ways,easements,streets,paths,fences,lakes,pathways,tact',esplanades,and any structural.
facilities or area which can be used by all Owns or which in the opinion of the Association
would benefit the Subdivision as a whet% collecting and disposing of garbage,ashes,rubbish
and the like in said areae,(other than garbage, ashes,rubbish and the lite from constructed
residential dwellings).caring for vacant Parcels,employing watchmen or may other action deemed
desirable to protect persons end property,payment of legal and all other expenses in
connection with the operation of the Association,including purchasing liability insurance and
the enforcement of all recorded changes, restrictions, covemmnla, agreements, and conditions
affecting property towhich maintenance charges apply,payment of all aspen's;in connection
with the collection and administration of the maintensecharges,and doing my other things
necessary and desirable in the opinion of the Association to keep property neat and in good order
of which it considers of general benefit to the Subdivision. The Association is authorized to
employ third party managers or consultants to assist,perform or oversee tbemanagementand
the maintenance of the Subdivision. The act of the Association and its expenditures of the
Maintenance Fund shall be final so long as it acts in good faith.
D. Increases or Reductions to Annual Maintenance Charge,The Association may
increase or reduce the maintenance charge from time to time by action applying uniformly to all
Parcels in the Subdivision as provided below.
From and after May,2004,the Association's Board ofDitectnrs,at its next annual or special
meeting and at each annual meeting thereafter,shall set the amount of the monthly assessments for
each year for each Lot,taking into consideration the current maintenance costs and future needs of
the Association;except,however,the monthly assessments maynot be increased in any one year by
more than ten percent(10%)of the thea existing annual assessment,except on the affirmative vote
ofOwners entitled to casttwo-thirds(2/3)of the votes of the Association as set forth in Section V D
of this Declaration,in person or by proxy,at a meeting duly called for such purposes.
E. peevelooer not Liable. IDE shall not be liable or in anyway responsible far the
payment of any maintenance charge or other charges provided in this Declaration on any Lot or
Parcel of land owned by IDE. This shall not prevent IDE from volunteering to pay such
JnW/O.TUSCANY TRACEaernacn0NC a-sse 12
v/ilaiv0 vo:Lu rtt . cera 110 LJOO Lttrt1nrc7 111L.11
Dec Bk V
00858136 OR 60961 166a
maintenance charges.
F. Garbage Collection Few. The Association win contract on behalf of the
homeowners for weekly garbage service,if it is determined that this is the most cost cfftcirnt and
aesthetically pleasing approach. These charges may be paid by the Association and reimbursed by
an Owner on a monthly basis or billed directly to each Lot Owner.
G. Private Road Maintenance.The cost of maintenance andrepairof the Private Road
as shows on the plat of the Subdivision shall be the exclusive and sole cost and expense of Lot 19
and Lot 20 and shall be borne equally by Lot 19 and Lot 20. The Private Road ball be
maintaimd in accordance with the minimum standards for rural county roads in Brazos County,
excluding the requirement for a berm adjoining the hikes.The Owners of Lot 19 andLot 20
may perform the maintenance and repairs to the Private Road or request the Association to
perform such repairs and/or meintenaneo and charge the Owner of Lot 19 and the Owner of Lot
20 equally for such repair or maintenance. In the event the Owners of Lot 19 and Lot 20 fail to
maintain the Private Road as required herein and Ruch failure continues Sumac than thirty(30)
days following written notice of such failure by the Association to such Owners,the Association
shall perform such repairs and/or maintenance and charge the Owner of Lot 19 and the Owner of
Lot 20 equally for such repair or maintenance;provided,however,the Association shall never
be authorized to incur expenses or make repairs or improvements to the Private Road that would
result in the condition of or improvements to the Private Road exceeding the minimmn Brazos
County standards(excluding the requirement fora berm adjoining the lakes)without the written
permission of the Owner!of Lots 19 and 20.In the event either the Owner of Lot 19 or Lot 20
fails to pay their share of the cost and expense of such maul or maintenance to the Private Road,
the Association may file a lien against such Lot to collect such charges.The Owners of Lots
19 and 20 shall never be required to pay the cost to construct a bent along the boundary of the
lakes and adjoining the Private Road
VIL
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
In addition to the mond assessments for maintenance charges authorized above,the
Association may levy in any aaeessmentyear,special assessments applicable to that year only,for
the purpose of defraying,in whole or in part,the cost of any construction or reconstruction,repair
or replacement of a capital improvement upon the Landscape Easement,including the necessary
fixtures and personal property related thereto,provided that any such assessment shall have the
consent of at least a two third(2/3)majority of all of the votes entitled to be cast.by Lot Owners
calculated as set forth io Section V,Paragraph D of this Declaration who are voting in person or by
proxy et a meeting duly called far this purpwe.Wsittennoticc of!meeting called for this purpose
shall be sent to all members not less than 30 days nor more than fifty(50)days in advance of the
minting setting forth the purpose of the meeting and the proposal to be voted on.
No special assessments for capital improvements shall be made under this provision prior
to the time when the membership of the Board of Directors ofthe Association is detemrined by two-
thirds(2/3)majority vote of The total votes of Lot Owners as provided in Section V,Paragraph A of
this Declaration.
The Special Assessments shall be payable by the Owners on the dates and terms as may be
established by the Association. The Association may also provide for a lien against any Lots for
which the special assessment remains unpaid.
The repair of a dam that creates an existing lake in the Subdivision is not a capital
improvement and may be performed by the Association without the approval provided in this
Section VII.
VIII.
SUBORDINATION OF THE LIEN TO MORTGAGES
•
The liens of the assessments provided for herein shall be subordinate to the lien of any first
mortgage and/or mortgages granted or created by the Owner of any Lot to secure the payment
3DWAk,e TUSCANY TRACE RESTRICTIONS a44334 13
U//l1 /U0 UtS:LI t'AA U/`J //t) Z.5.33 LAIT/tAa 111Lt LJtUlJ
• ®0x58136 OR 60961 1678
monies advanced and used for the impose ofpurchasing and/or improving such Lot Saleortransfer
of any Lot or transfer of any Lot pursuant to a foreclosure under such purchase-money or
improvement mortgage or any proceeding inlieo of foreclosure thereof.shall extinguish the lien of
mob assessment as to payments thereof which became due priortosuchsale ortransfer.
No so sale or
thereafter
shall relieve such Lot Born liability for any assessments eafler becominS
nt
the lien tbereoL No extinguishment of the lien shall relieve the delinquent Lot Owner from his
personal obligation and liability thereof:
lX.
EFFECT OF NON-PAYMENT OF ASSESSMENT
REMEDIES OF TEE ASSOCIATION
Any assessments and charges including the garbage collection @z which ate not paid when
due shall be delinquent If the easement or charge is not paid within thirty(30)days after the due
date,the assessment or charge shall bear interest from the date of delinquency at the rate of twelve
percent(12%)per imam,aid the Association may bring an action of Law against the Owner or
member personally obligated to pay the same,or foreclose the lien against the property,and interest,
costs,and reasonable attorneys fees of any such action shall be added to the anotmt of such
assessment or charge.Each Owner,by his acceptance ofa deed to aLot,hereby expressly vests in
the TUSCANY TRACE HOMEOWNERS ASSOCIATION OF BRAZOS COUNTY,INC.,or Its
agents the right and power to bring all actions against such Owner personally for the collection of
such assessment or charges as a debt and to enforce the aforesaid lien by all methods available for
the enforcement of such liens,including foreclosure by an action brought in the name of the
Association in a Me manner as a mortgage or deed of trust lien on teal property and such Owner
hereby expressly grants to the Association,a power of sale in connection with said lien.The lien
provided far in this section shall be in favor of the Association and shall be for the benefit of all
other Lot Owners,and shall be exercisable by a Trustee to be owned or designated by the Board of
Directors of the Association.Any sale pursuant to tIns poweralialiba conducted In accordance with
the provision of the Texas Revised Civil Statues Annotated.The Association acting on behalfof the
Lot Owners shall have the power to bid In as interest being foreclosed at a foreclosure sale and to
acquire and hold,lease,mortgage and convey the same;and to*abrogated so much of its tight to
such liens for the assessment provided for herein. The Association shall have the right to post the
name of the delinquent party at the appropriate place designated by the Association,and to notify
other Owners in the event of non-payment of assessments or charges.
X.
RESUBDIVISION
No Lot may be re-subdivided into small Lots or tracts except as set forth below.The Owner
of two or more adjoining Lots may locate a Dwelling on two Lots notwithstanding the setback
requirements of the common boundary between any two Lots.The location of any such Dwelling
and the appurtenance thereto shall be subject to the approval of the Committee.Two Lot Owners
may jointly acquire a third Lot that separates the respective Lots of the two Lot Owners and partition
the third Lot between the two Lot Owners;provided,the three Lots are replanted into two Lots and
no more than two Dwellings are constructed on the three original Lots and the location of each
Dwelling is approved by the Committee.Notwithstanding the above,Lots 19 and 20 each may be
subdivided into up to four(4)Parcels provided each new or remainbrg Parcel contains a minim
often(10)acres. This restriction does not apply to any Lots owned by IDE.
XL
WATER SERVICE
The Subdivision is serviced by Wellborn Special Utility District Each Lot Owner shall be
required to contract directly with Wellborn Special Utility District for its water supply.The cost of
water,tap fees,impact fees,membership fees,expansion reserve fees,installation fees,monthly use
fees and meters shall be subject to hefee schedule oofW lbom�es Utility Die strict of bp��e
the Lot Owner.No well,drilling pp,shaft,using
waters shall be placed or maintained on Lots I through IS.
mwnka TUSCANY RACE aasrwcnova sm-mw 14
u1iioiva UO.Li "'AA Ott I GJOJ lAti IT 1 E.IC J 11!L.L',
LEI uto
80858136 OR 60961 16BH
J@L
MISCELLANEOUS PROVISIONS
I. This Declaration is adopted as part eland shall apply to each and every Parcel in the
Subdivision unless a Lot is specifically excluded.Such Restrictions are equally for
the benefit of all subsequent Owned of Parcels in the Subdivision and accordingly,
shall be covenants runningwith the land.Any Owner or lien holder of any Lot in the
Subdivision and/or the Association shall have the power to prosecute in the
appropriate court a suit at law or in equity b prevent or correct any violation or
attempted violation of the Restrictions and to recover damages for any violation or
attranpted violation inelndiag.butnot limited to,reasonable attorney's fees;provided,
however,that this clause shall not restrict any governmental agency from acting to
enforce any of the Restrictions
2. The tam of theDcntsrarionandtheRestzietiooaandcovenantscontainedhereinshall
be fora period from the filing of this instrument forrecoxd in Brazos County,Texas,
until the 1st day of January,AD.2034,after which such date this Declaration and
theRestrictions contained henaashallbeenigmatically extended far such successive
periods of ten(10)years each,unless and until an instrument is exeautedby the then
record Owners of Lots constituting a two-thirds(2/3)majority of the votes in the
Association as determined in accordance with Section V-D of this Declaration,
wherein tlde Declaration and the Restrictions contained herein are alhred,resdnded,
modified or changed,in whole or in part,and such instrument is duly recorded inthe
Official Records of Brazos County,Texas.
3. Nothing contained in this Declaration,nor any violation of any of the Restrictions
shall have the effect of impairing or affecting the rights of any mortgagee or trustee
under any mortgage or deed of trust outstanding against the Subdivision or any
portion thereof.
4. Any and all rights,powers and reservatiooaofJDBherein contained may beassigned
to any person,corporation or association which will gnome the duties pertaining to
the particular rights,powers and reservations assigned,and upon any such.person.
corporation or association's evidencing its consent in writing to accept such
assignment and assume such duties,he or it shall,to the extent of such assignment,
have the same rights and powers and be subject to the same obligations and duties
as are given to and assumed by JDE,herein and1DE shall thereafter be released from
any future liabilities. The term IDE as aced in this document includes all such
aseignccs and their heirs,successors and assigns.
5. Every person who now or hereafter owns or acquires any right,title erinterest in or
to any Lot or property in the Subdivision or occupies any Lot in the Subdivision is
and shall be conclusively deemed to have consented and agreed to every covemsnt,
condition,reservation and restriction contained herein,whether or not any reference
to this declaration is contained in this instrument by which such person acquires an
interest in the property.
6. JDE reserves the right to make minor deviations from the terms of this document to
the extent permissible by law and consistent with the general plea for development
of the Subdivision as herein set out.
7. The invalidity,violation,abandonment,waiver of or failure to enforce any one or
more of or my part o 1'the provision of this document shall in no way effect or impair
the remaining provisions or parts thereof which shall remain in full force and effect.
8. JDE its anccessots and assigns,shall have the right to bring within the scheme ofthis
Declaration additional properties thereby subjecting such additional lends to this
Declaration,by filing of Record a Supplementary Declaration with respect to such
additional property which shalt extend the scheme of this Declaration to such
mwI1►,,TUSCANY TRACE amSiIUCTI ONS 0/054 15
rvu l".1 '.�.t "r,- oIV J
, I1LOUll !TJL'1\J 111LL` I{J/. U1/
•u
Dec58136 OR 60961 1696
property.The Association shall accept same to be owned and managed pursuant to
the terns and conditions of this Declaration.
Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration as may
be necessary to reflect the different character,tinny,of the added properties is are
not inconsistent with the scheme of this Declaration. In no event,however,shall
suchSupplementary Declaration revoke,modify or add to the covenants established
by this Declaration within the existing Subdivision.
9. This Declarationstud Owners, �� �Owner,
lessees,tenants,and guests of any liable for all
damages and costa,including reasonable attorneys'fees,incurred by the Association
in the enforcement of this Declaration against such Owner or such Owner's family
members,lessees,tenants,and guests.
10. A endindDecleation.This Declaration and the Restticfonacontained herein may
be amended only by the affirmative vote or written consent,or any combination '
thereof,of the Owners holding at least two thirds(2/3)of the total votes entitled to
vote in the Association as determined in accordance with Section V-D of this
Declaration above.
Dated this the Bf 4 day of ferNe ,2004.
IDE DEVELOPMENT, LTD., a Texas limited
pannesbip
By: JOE HOLDINGS,L.L.C.,a Texas limited
liabilityicompany' a
BY (gip
NEAL A. +++ ,M ger
STATE OP TEXAS §
§
COUNTY OFBRAZOS §
This instrument was acknowledged before=on thisthe _day o
2004,by Neal A.Briers,Manager of IDE Holdings L.L.C.,a Texas limited liabi.Ti company,as
General Partner of IDE Development,LTD.,a Texas
/tlimited partnership, on behalf of said
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•w - _ 1 I lltece /k/,n t[$1,
otary Public,Stale of Texas
A..I.a y Commission Expires: 1.4-IfS-1,n
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