HomeMy WebLinkAboutDeclaration of Covenants DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR OAKLAND RIDGE SUBDIVISION PHASE ONE
THE STATE OF TEXAS
COUNTY OF BRAZOS
WHEREAS Oakland Ridge Partners,LLC,is the Owner of that certain tract or parcel of real property lying and being
situated in Brazos County,Texas consisting of 39.873 acres of land,more or less,the same now known as Oakland Ridge
Subdivision(the Property)the same having been platted as recorded n Volume_Page ,Official Records of
Brazos County.Texas;and
WHEREAS,Developer desires to create upon the Property a residential community and carry out a uniform plan for the
improvement and development of the Property for the benefit of the present and all future owners thereof;and
WHEREAS Developer desires to impose upon said Property certain protective covenants,conditions,restrictions,liens and
charges as deemed appropriate and to retain the right to modify said covenants,conditions,restrictions and charges from
phase to phase as appropriate to be commensurate with Developer's purposes to comply with the governmental codes and
regulations.
NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS,that it is hereby declared(i)that all of the Property shall be
held,sold,conveyed and occupied subject to the following covenants,conditions,restrictions,liens and charges,which are
for the purpose of protecting the value and desirability of,and which shall run with the Property and which shall be
binding on all parties having any right,title,or interest in or to the Property or any part thereof,their heirs,
successors,and assigns,and which shall inure to the benefit of each owner thereof,and(ii)that each contract or deed that
may hereafter be executed with regard to the Property or any portion thereof shall condusively be held to have been
executed,delivered and accepted subject to the following covenants,conditions and restrictions regardless of whether or
not the same are set out or referred to in said contract or deed.
ARTICLE I
DEFINITIONS
Unless the context specifies or requires otherwise,the following words and phrases when used in this Declaration shall
have the meanings hereinafter specified:
Architectural Control Committee(ACC)
"Architectural Control Committee"shall mean the committee created pursuant to the Declaration to review and approve plans for
the construction of Improvements upon the property.
Association
"Association"shall mean Oakland Ridge Homeowner's Association,Inc.,Texas non-profit association corporations,their
successors and/or assigns.Also referred to as the Association.
Builder
"Bolder"shall mean any person who purchases one or more units for the purpose of constructing Improvements for later sale to
consumers,or who purchases one or more parcels of land within the Development for further subdivision,development,and/or
resale in the ordinary course of such person's business.
Common Area
"Common Area"shall mean a portion of the development benefiting all Owners of the neighborhood.
Declarant or Developer
"Declarant"or"Developer"shall mean Oakland Ridge Partners,LLC,a Texas limited liability company or any successor or assign
who takes title to any portion of the property for the purpose of development and/or sale and who is designated as Declarant in a
recorded instrument executed by the immediately preceding Declarant.
Dwelling
"Dwelling"shall mean any structures and appurtenances thereto intended as a residence for a single family.
Improvement
"Improvement"shall mean structures and appurtenances thereto of every type and kind:the demolition or destruction by
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voluntary action of any such structure or appurtenance thereto;any grading,excavation,filling or similar disturbance of the
surface of the land;landscaping,planting and clearing,or removing of trees,shrubs,grass,or fdiage;and any change or
alteration of any dwelling including change of material, exterior appearance,color or texture,including roofs,outbuildings,patios,
decks,etc.
Lot
"Lot"shall mean a numbered Lot on the plat of Oakland Ridge Subdivision filed on record in the Official Records of Brazos County.
Texas.
OwnerlBuilder
"Owner or Owner/Builder"shall mean one or more persons who hold the record title to any unit,but excluding in
all cases any party holding an interest merely as security for the performance of an obligation. If a unit is sold under a
recorded contract of sale and the contract specifically so provides,the purchaser(rather than the fee Owner)will be
considered the Owner.
Residence
"Residence"shall mean a unit together with any Common Area appurtenant thereto.However,if any portion of Oakland
Ridge is developed as a condominium project,"Residence"shall also mean a Condominium as such to portion,and if any
portion of Oakland Ridge is developed as an apartment project,"Residence"shall then also mean an apartment unit as to
such portion.
Unit
"Unit"shall mean a portion of the property,whether improved or unimproved,which may be independently owned and is
intended for development,use and occupancy as an attached or detached residence.The term shall refer to the land,if any,
which is part of the unit as well as any improvements thereon.In the case of a building within a condominium or other structure
containing multiple dwellings,each dwelling shall be deemed to be a separate unit.
In the case of a parcel of vacant land or land on which improvements are under construction,the parcel shall be deemed to
contain the number of units designated for residential use for such parcel on the land use plan or the site plan approved the
Declarant,whichever is more recent,until such time as a preliminary and final plat is filed of record on all or a portion of the
parcel.
Thereafter,the portion encompassed by the most recent plat shall contain the number of units determined as set forth in
the preceding paragraph and any portion not encompassed by such plats shall continue to be treated in accordance with
this paragraph.
ARTICLE II
DEVELOPMENT OF THE PROPERTY
2.01 Development by Developer. Developer may divide or subdivide the Property into several areas,develop
some of the Property, and, at Developer's option, sell any portion d the Property free of the restrictions set forth in this
Declaration.
2.02 Addition of Land. Developer may,at any time and from time to time,add any other lands to The Property,
and upon such addition,this Declaration and the covenants,conditions,restrictions and obligations set forth herein shall apply
to the added land,and the rights,privileges, duties and liabilities of the persons subject to this Declaration shall be the same
with respect to the added land as they are with respect to the lands originally covered by Dedaration, except as specifically
modified in a Supplemental Dedaration. In order to add lands to The Property hereunder,Declarant shall be required only to
record in the Official Records of Brazos County,Texas,a notice of addition of land(the"Supplemental Declaration)containing
the following provisions:
(A)A reference to this Declaration,which shall state the book and page numbers of the official Records
of Brazos County wherein this Declaration is recorded;
(B)A statement that the provisions of the Declaration shall apply to the added land,except as modified
to the Supplemental Declaration;and
(C)A legal description of the added land.
2.03 Withdrawal of Land. Developer may,at any time and from time to time,reduce or withdraw areas
owned by it from the Property,and upon such withdrawal,this Declaration and the covenants,conditions,restrictions and
obligations set forth herein shall no longer apply to those lands withdrawn.In order to withdraw lands from the Property
hereunder,Declarant shall be required only to record in the Official Records of Brazos County,Texas a notice of withdrawal
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of land containing the following provisions:
(A)A reference to this Declaration,which shall state the book and page numbers of the Official
Records of Brazos County wherein this Declaration is recorded:
(B)A statement that the provisions of the Declaration shall no longer apply to the withdrawn land;and
(C)A legal description of the withdrawn land.
ARTICLE II
GENERAL USE RESTRICTIONS
All of the Property shall be owned,held,encumbered,leased,used,occupied,and enjoyed subject to the following
limitations and restrictions:
3.01 Construction of Improvements and Residential Design Requirements.Pursuant to Article IV below,the
Architectural Control Committee shall adopt certain Residential Design Requirements("Requirements'),to govern the
construction of improvements upon the Property.The Requirements may be modified,amended,or restated by the
Architectural Control Committee.In the event of any conflict between the terms and provisions of the Design Manual
and the terms and provisions of this Declaration,the terms and provisions of this Declaration shall control. In addition,the
Architectural Control Committee shall have the power and authority to impose a fee for the review of plans,specifications
and other documents and information submitted to it pursuant to the terms of this Declaration.Such charges shall be held by
the Architectural Control Committee and used to defray the administrative expenses incurred by the Architectural Control
Committee in performing its duties hereunder;provided,however,that any excess funds held by the Architectural Control
Committee shall be distributed to the Oakland Ridge Homeowner's Association at the end of each calendar year.The
Architectural Control Committee shall not be required to review any plans until a complete submittal package,as required by
this Declaration,is assembled and submitted to the Architectural Control Committee.
No improvements of any land shall hereafter be placed,maintained,erected or constructed upon any of the Property
by anyone other than the Declarant,without the prior written approval of The Architectural Control Committee.No
modifications,alterations,remodeling that alters or modifies the exterior appearance of any improvements,or the removal of
any improvements within the Property shall be performed without the written approval of the Architectural Control
Committee.
3.02 Maintenance and Repair of Improvements.All improvements upon the Property that are not maintained
by the Homeowner's Association shall at all times be kept in good condition and repair adequately maintained by the Owner
thereof and the enforcement of such conditions and repairs shall be by the Homeowner's Association. Yards shall not be
permitted to grow higher than 8 inches and should be kept free of weeds and debris.Sufficient water shall be used year
round to maintain the landscape plantings in healthy condition.Owners should take erosion Control measures so as not to
allow soil run-off onto adjacent properties or streets.
The opinion of the Homeowner's Association as to condition and repair shall be final.
3.03 Residential Use. All Lots shall be improved and used solely for single family residential purposes and shall
include a garage,fendng and such other improvements as are necessary or customarily incident to residential use. No
Owner shall occupy or use his Lot or any Improvements constructed thereon,or permit the same part thereof to be occupied
or used for any purposes,including but not limited to religious andlor daycare fadlities,other than as a private residence for
the Owner,his family,guests,and if leased,no more than 3 adult tenants. All Lots within the Property shall be used and
improved and solely for single residential purposes with no more than one(1)attached residential dwelling unit per Lot
unless designated by Developer. Anything herein to the contrary notwithstanding,any Lot may be used or improved for
greenbelt,open space andlor drainfield purposes.
3.04 Subdividing.No Lot shall be further divided or subdivided,nor may any easement or other interests
therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Homeowner's
Association;provided however,that when Declarant Is Owner thereof,Declarant may further divide and subdivide any Lot
and convey an easement or other interest less than the whole,all without the approval of the Homeowner's Association.
3.05 Insurance Rates. Nothing shall be done or kept on the Property that would increase the rate of casualty or
liability insurance or cause the cancellation of any such Insurance on any Lot or any of the improvements located thereon
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without the prior written approval of the Declarant or the Homeowner's Association.
3.06 Signs.No sign of any kind shall be displayed to the public view on the Property without the prior written
approval of the Homeowner's Association,except for the following: (i)signs which are part of the Declarants overall
marketing plan for the Property;(ii)one(1)sign per Lot,not exceeding 2'x 3'in area,fastened only to a stake in the ground
and extending not more than three(3')feet above the surface of such Lot advertising the property for sale or lease;(iii)not
more than two political signs,not exceeding 2'x 3'in area,per Lot advocating the election of one or more political
candidates or the sponsorship of a political party,issue or proposal,provided that such signs shall not be erected more
than thirty(30)days in advance of the election to which they pertain and shall be removed within three(3)days after such
election;(iv)signs containing information about one or more children residing in the residence on a Lot and the school they
attend,provided the sign is not more than 36'x 38"and is fastened only to a stake in the ground and there shall be no more
than one sign for each child under the age of eighteen(18)residing in the residence,and—said signs may not be displayed
more than ten(10)days in any calendar month,for more than three(3)months in a calendar year,(v)signs or stickers
provided to an Owner by a commercial security or alarm company or providing service to the residence,provided the sign is
not more than 8"x 8"or the sticker is no more than 4"x 4"and there shall be no more than one sign and no more than six
(6)stickers located on the windows or doors;(vi)stickers on windows and doors for the'Child Find"program or similar
program sponsored by a local police and/or fire department or(vii)a builder or lender may place certain information and
advertising signs on Lots without the prior permission of the Homeowner's Association,so long as such signs do
not violate any other provisions of this Declaration.
If any sign is placed within the subdivision in violation of this Declaration,the Homeowner's Association or its
agents shall be authorized to enter upon any Lot and remove and/or dispose of any such violation,and in doing so shall
not be subject to any liability for trespass,other tort or damages in connection with or arising from such entry,removal
and/or disposal nor in any way shall the Homeowner's Association or its agent be liable for any accounting or other claim
for such action.
3.07 Rubbish and Debris.No rubbish or debris or any kind shall be placed or permitted to accumulate upon
the property and no odors shall be permitted to arise there from so as to render the Property or any portion thereof
unsanitary,unsightly,offensive or detrimental to any other property or to its occupants. Refuse,garbage and trash shall be
kept at all times in covered containers and such containers shall be kept within enclosed structures or screened from view
from the street,adjoining lots and other parts of the Property.If rubbish or debris accumulates upon any Lot in
violation of this provision in the judgment of the Homeowner's Association,the Association may remove the
rubbish or debris,and charge a special assessment to the Owner of the Lot.
3.08 Noise.No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property
so as to be offensive or detrimental to any other portion of the Property or to its occupants.
3.09 Nuisance. No noxious or offensive activity or work shall be conducted upon any Lot so as to impair the
structural soundness or integrity of any improvement of any other Lot,or which may be or may become an annoyance or
nuisance to the neighborhood.
3.10 Lighting. No lighting of any kind shall be installed or maintained on a Lot where the light source is
offensive or a nuisance to neighboring property,except for reasonable night lighting or landscape lighting that has the
approval of the Architectural Control Committee. Seasonal lighting may be placed on the property no more than 30
days prior to the holiday to which it pertains and shall be removed within 30 days after the holiday.
3.11 Tanks. The Architectural Control Committee shall have the right to approve the location of any tank
used or proposed in connection with a single family residential structure,including tanks for storage of fuel,water,oil or LPG
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 adjoining Lot or street or other parts of the Property.
3.12 Underground Utility Lines.No utility lines,including,but not limited to,wires or other devices for the
communication or transmission of telephone or electric current or power,cable television or any other type of line or wire shall
be erected,placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in
conduit or cables installed and maintained underground or concealed in,under or on improvements as approved in writing by the
Architectural Control Committee,provided,however,that no provision hereof shall be deemed to forbid the erection of temporary
power or telephone structures incident to the construction of improvements as approved in writing by the Architectural
Control Committee.The installation method,induding but not limited to location,type of installation equipment trenching
method and other aspects of installation for both temporary and permanent utilities,shall be subject to review and approval by
the Architectural Control Committee.
3.13 Drainage.There shall be no interference with the established drainage patterns over any of the Property,
except by Declarant, unless adequate provision is made for proper drainage and approved in writing by the Architectural
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Control Committee.
3.14 Hazardous Activities. No activities may be conducted on the Property and no improvements
constructed on the Property that are or might be unsafe or hazardous to any person or property.Without limiting the
generality of the foregoing,no firearms or fireworks shall be discharged upon the Property,and no open fires shall be
lighted or permitted except within safe and well-designed interior fireplaces or in contained barbecue units which are
attended while in use and are used for cooking purposes only.
3.15 Mining and Drilling. No portion of the Properly shall be used for the purpose of mining,quarrying,
drilling,boring,or exploring for or removing water,oil,gas,or other hydrocarbons,minerals of any kind,rocks,stones,sand,
gravel,aggregate,or earth.
3.16 Temporary Structures,No tent,shack,or other temporary building,improvement,or structure shall be
placed upon,the Property without the written approval of the Architectural Control Committee;provided,however,that
temporary structures necessary for storage of tools and equipment for office space for architects,builders,and foremen
during actual construction may be maintained with the prior approval of the Architectural Control Committee,such approval
to include the nature,size,duration and location of such structure.
3.17 Unsightly Articles and Vehicles. No article deemed to be unsightly by the Architectural Control
Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private
thoroughfares.Without limiting the generality of the foregoing,trailers,graders.trucks larger than a 3/4 ton pickup,boats,
tractors,semi-trailers,campers,wagons,buses,motorcycles,motor scooters,machinery,garden maintenance equipment
and inoperable vehicles shall be kept at all times,except when in actual use,in enclosed structures or screened from view,
and no repair or maintenance work shall be done on any of the foregoing or on any automobile(other than minor
emergency,repairs)except in enclosed garages or other structures.Facilities for hanging,drying,or airing clothing or
household fabrics(Including,without limitations,clothes lines)shall be screened from view from any portion of the Property
other than the Lot on which such facilities are property located.No lumber,grass,plant waste,shrub or tree clippings,
metals,bulk materials,soaps,refuse or trash or any kind shall be kept,stored,or allowed to accumulate on any portion of
the Property except within enclosed structures or appropriately screened from view from any portion of the Property other
than the Lot on which such materials are properly located.
3.18 Travel Trailers and Recreational Vehicles. No travel trailers or recreational vehicles shall be parked in
any street or on or near any Lot for more than forty-eight(48)continuous hours or more than seventy-two(72)hours total in
any 30 day period,so as to be visible from any other portion of the Property.
3.19 Animals. No animals,including pigs,poultry,fowl,wild animals,horses,cattle,sheep,goats or any
other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such
words may be kept,maintained or cared for on the Property. No animal shall be allowed to make an unreasonable amount
of noise or to become a nuisance,and no domestic pets will be allowed to make an unreasonable amount of noise or to
become a nuisance,and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined
to a leash.No animal may be stabled,maintained,kept,cared for or boarded for hire or remuneration on the Property and no
kennels or breeding operation shall be allowed.No animal shall be allowed to run at large,and all animals shall be kept
within enclosed areas which must be clean,sanitary and reasonably free of refuse,insects and waste at all times.Such
enclosed area shall be constructed in accordance with Plans and Specifications approved by the Architectural Control
Committee,shall be or reasonable design and construction to adequately contain such animals in accordance with the
provisions hereof,and shall be screened so as not to be visible from adjoining lots,streets and other parts of the Property.
No more than two(2)adult dogs and two(2)adult cats may be kept on a single Lot.All domestic household pets shall be
kept in strict accordance with all local laws and ordinances.
3.20 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs,trees,grass and plantings or
every kind on such Owners Lot cultivated,mown,pruned,and free of trash and other unsightly material.Subject to Section
3.28 below,trees,shrubs,vines and plants that die shall be promptly removed. Declarant,the Association and the
Architectural Control Committee shall have the right at any reasonable time after not less than ten(10)days written notice to
Owner to cure any violation of this provision within such ten(10)day period,to enter upon any Lot to replace,maintain and
cultivate shrubs,trees,grass or other plantings located thereon and to charge the cost thereof to the Owner of the Lot as
provided in section 5.04(E)below.
3.21 Construction and Sales Activities. Notwithstanding any provision herein to the contrary,the Declaration
shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the
construction of improvements by an Owner(including Declarant)upon any Lot within the Property,or the sale of any Lot
thereafter.Specifically,no such construction activities shall be deemed to constitute a nuisance or a violation of this
Declaration by reason of noise,dust,presence of vehicles or construction machinery,posting of signs or similar activities,
provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction
practices in the area. No building material of any kind shall be placed or stored upon any Lot until the Owner thereof is
ready to commence improvements,and then the material shall be placed within the property lines of the Lot upon which the
improvements are to be erected and shall not be placed on the street or on any other part of the Property. In the event of
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any dispute regarding such matters,a temporary waiver of the applicable provision may be granted by the Architectural
Control Committee,provided that such waiver shall be only for the reasonable period of such construction. At such time as
the Declarant ceases using any portion of the Property as a model home or sales office,the affected Property shall be
altered and for remodeled,if necessary or desirable,to comply with the covenants and restrictions contained herein.
3.22 Sight Lines.No fence,wall,hedge,or shrub planting which obstructs sight lines from streets on the
Property shall bei placed or permitted to remain on any corner lot within the area defined by a line drawn between two points
located forty(40)feet from the point of intersection of the street right-of-way property lines immediately adjacent to the Lot,
as reasonably located by the Architectural Control Committee.Measurement shall be by chord,not by arc.No tree shall be
permitted to remain within such areas unless the foliage is maintained at sufficient height to prevent obstruction of such sight
lines.
3.23 Garage conversions. No garage,or any portion thereof,may be converted into enclosed living space
unless an alternative garage of a least equal size is constructed and the plans and specifications for the conversion and
construction are first approved in writing by the Architectural Control Committee.
3.24 Owner's Responsibility for Maintenance. Each Owner shall maintain and keep in a good state of repair
the interior and exterior of all buildings,structures,and other improvements of any kind or nature that are located upon such
Owner's Lot.An Owner,when exercising the right and responsibility of repair,maintenance,replacement,or remodeling,as
herein defined,shall never alter in any manner whatsoever the color and exterior appearance of the improvements located
on such Owners Lot,except by written consent of the Architectural Control Committee.Each Owner shall,however,have
the exclusive right to paint,plaster,panel,tile,wax,paper,or otherwise refinish and decorate the inner surface of the walls,
ceilings,floors,windows,and doors within such Owner's structure.In the event Owner fails to maintain the improvements
located on such Owner's Lot as provided herein in a manner that the Architectural Control Committee deems necessary to preserve
the appearance and value of the Property,the Architectural Control Committee may notify such Owner of the work required and
request that it be done within thirty(30)days from the giving of such notice.In the even such Owner falls to complete such work or
maintenance within said period,the Architectural Control Committee shall so notify the Board at which time the Board may(but shall
not be obligated to)cause such work to be done and the Owner shall be personally liable to the Association,as the case may
be,for the cost of such work. If the Owner fails to pay such cost upon demand,such cost(plus interest at the rate of one and one-
half percent(1-112%per month)shall be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed or
chargeable against-a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any
means provided in the Declaration for the collection of Assessments,including,but not limited to,foreclosure of such liens against
the Owner's Lot(s).Each such Owner shall indemnify and hold harmless the Association,it's officers,directors,employees and
agents from any cost,loss,damage,expense,liability,daim or cause of action incurred or that may arise by reason of the
Association's acts or activities under this Section 3.25(including any cost,fees,expense,liability,claim or cause of action arising
out of the Association's negligence in connection therewith),except for such cost,loss,damage,expense,liability,claim or cause of
action arising by reason of the Association's gross negligence or willful misconduct."Gross negligence"as used herein does not
include simple negligence,contributory negligence or similar negligence short of actual gross negligence.
3.25 Liability of Owners for Damage to Common Area. No owner shall in any way alter,modify,add to,or
otherwise perform any work whatsoever upon the Common Area. The Owner of each Lot shall be liable to the Association for all
damages to:(i)the Common Area or any Improvements constructed thereon;or(ii)to any Improvements constructed upon any
Lot,the maintenance of which has been assumed by the Association;which damage is caused by the neglect,misuse or
negligence of such Owner or any tenant or other occupant of such Owner's Lot or such Owner's guest or invitee.The full cost of all
repairs of such damage shall be assessed and charged against the Owners Lot,secured by a lien against the Owner's Lot and
collectible in the same manner as provided in the Declaration.
3.26 Compliance with the Declaration. Each Owner shall comply strictly with the provisions of the Declaration as
the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of the
Restrictions and shall give rise to a cause of action to recover sums due for damages or injunctive relief,or both,maintainable by
the Declarant,the Board on behalf of the Association,the Architectural Control Committee,or by an aggrieved Owner. Without
limiting any rights or powers of the Architectural Control Committee,the Board may(but shall not be obligated to remedy or attempt
to remedy any violation of any of the provisions of this Declaration,and the Owner whose violation has been remedied shall be
personally liable to the Board for all costs and expense of effecting(or attempting to effect such remedy. If such Owner fails to
pay such costs and expenses upon demand by the Association,such costs and expenses(plus interest from the date of demand
until paid at the maximum lawful rate,or if there Is no such maximum lawful rate,at the rate of one and one-half percent(1-1/2%)
per month)shall be assessed to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot shall be secured
by the liens reserved in the Declaration for Assessments and may be collected by any means provided to the Declaration for the
collection of Assessments,ir>duding,but not limited to,foreclosure of such liens against the Owner's Lot(s). Each such Owner shall
indemnify and hold harmless,the Association,their officers,directors,employees and agents from any cost loss,damage,
expense,liability,daim or cause of action Incurred or that may arise by reason of the Association's acts or activities under Sections
3.25 and 3.27(including any cost,loss,damage,expense,liability,claim or cause of action arising out of the Association's
negligence in connection therewith),except for such cost,loss,damage,expense,liability,claim or cause of action arising by
reason of the Association's gross negligence or willful misconduct. "Gross negligence'as used herein does not include simple
negligence,contributory negligence or similar negligence short of actual gross negligence.
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3.27 No Warranty of Enforceability. Declarant makes no warranty or representation as to the present or future
validity or enforceability of any restrictive covenants,terms,or provisions contained in the Declaration. Any Owner acquiring
a Lot in reliance on one or more of such restrictive covenants,terms,or provisions shall assume all risks of the validity and
enforceability thereof and,by acquiring the Lot,agrees to hold Declarant harmless there from.
ARTICLE IV
RESIDENTIAL DESIGN REQUIREMENTS
It is the goal of the Developer(the"Declarant")and the Architectural Control Committee,with authority as
delegated,to create an attractive and cohesive family oriented neighborhood,offering enhanced amenities to residents.The
Residential Design Requirements are established in order that the Developer may promote a high and consistent
development standard in order to achieve this goal.
These Residential Design Requirements apply to all residential improvements,whether the construction is for
new construction or alterations,modifications,and/or additions to an existing property.
4.1 Purpose of Residential Design Requirements.The Requirements and guidelines described in the
Design manual provide guidance to owners,builders,and residents in the development of Oakland Ridge
residential building sites.
The development of each unit within Oakland Ridge is controlled and restricted by the following:
1. Applicable governmental codes and regulation
2. Declaration of Covenants,Conditions,and Restrictions("Declaration")for Oakland Ridge
Compliance priority in all cases shall follow this order,it is to the owner/builder's responsibility to identify,
satisfy,and comply with the goals,standards,regulations,and laws of any entity with authority and jurisdiction
over his building site.Compliance with the Residential Design Guidelines does not guarantee approval of an
application.
4.2 Administration and Enforcement of Residential and Design Requirements. Administration and enforcement of
the Residential Design Requirements,specifically,is the responsibility of the Architectural Control Committee,a Committee of
the Oakland Ridge Homeowner's Association('Assodation').They shall have all of the remedies available under this
Declaration.
The plans and specifications submitted for review are not being reviewed the structural integrity;compliance with
zoning and building ordinances or any other applicable statutes;ordinances or governmental rules or regulations;compliance
with the requirements of any public utility,easement or other agreement.
By approving such plans and specifications,neither the Declarant,the Homeowner's Association,the Owners,the
Board nor any Committee member,nor agents,employees,attorneys,or consultants of any of the foregoing shall be liable
for any soil conditions,drainage or general site work,nor for any injury,damages or loss arising out of the manner or quality
of approved construction or modification on account of such approved plans or specifications.
The Architectural Control Committee will review plans and specifications submitted for it's approval as to
style,exterior design,appearance and location,and will approve such plans and specifications only if it determines,in its
sole discretion,that the improvements will not be detrimental to the appearance of the development as a whole,that the
improvements comply with these Residential Design Requirements,that the beauty and attractiveness of the development or
the enjoyment by Owners and that the upkeep and maintenance will not become a burden to the Association.
Inspections. All outstanding approvals will be suspended until construction conditions are brought into
compliance.The Association's Board of Directors may authorize bringing suit in a court of competent jurisdiction to restrain
and enjoin any person who attempts to carry out any construction without first obtaining approval as required or against any
person who fails to cease and desist from further construction in noncompliance.
The Association is empowered as set forth in Section 5.04 to take disciplinary action against any
Owner/Builder for a violation of any provision in the Declaration and/or these Residential Design Requirements.
The Association will have all of the available remedies permitted by the Declaration and By-laws to enforce
the Residential Design Requirements and other Requirements of the Declaration.Such rights include,but are not limited to,
stopping the construction of any Owner/Builder,general contractor,job superintendent,subcontractor,supplier or any of
their employees in any violation of these regulations,and removing or modifying any improvements that have been made or
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constructed in violation of any of the provisions of the regulations or the approved plans and specs,as well as a assessing a
substantial fine.(See fine schedule.)
4.3 General Design Criteria.The following criteria represent a summary for the quality of improvements
desired by Declarant.It shall be used to guide Declarant and/or Architectural Control Committee in the approval process.
Declarant and/or the Architectural Control Committee to render approval or no approval of any or all applications based on
the General Design Criteria.Each vote by a member of the ACC represents an opinion as to appropriateness using
the Criteria and such opinion shall be recognized and upheld as final after a decision is made.
All Owners/Builders shall carefully consider the following General Design Criteria when designing property
improvements:
1. Quality building and landscape Architectural design.
2. Simple,elegant,architectural statements.
3. Residential harmony between the home,the site and the surrounding development when viewed
from all angles.
4. Continuity of Architectural forms,materials,textures,colors,and execution.
5. A dwelling reflective of the Architectural standards established for Oakland Ridge.
Each Owner by accepting title to his unit acknowledges and agrees to the following:
1. That these design requirements are reasonable and beneficial to the community.
2. To strive to achieve a spirit of cooperation and resolution between the Architectural Control
Committee reviewer and the Owner/Builder,and the Owner's architect
and/or landscape architect.
3. That these Requirements are not intended to be all encompassing and are
meant to encourage creativity while allowing the Architectural Control
Committee wide latitude of approved authority.
4.4 Variances.Upon submission of a written request,Oakland Ridge Homeowner's
Association may,in it's sole discretion and at the recommendation of the Architectural Control Committee,
permit Owners to construct,erect,or install Improvements,which are in variance from the Residential
Design Requirements or other parts of the Declaration,when in it's sole and absolute discretion such
variance will not be adverse to the overall development plan,and such variance if justified due to visual
or aesthetic considerations,or unusual circumstances.All variance approvals must be in writing and
signed by a majority of the members of the Board of the Oakland Ridge Homeowner's Association.An
approval is based on the individual application and,in no event,does it set a precedent for future
applications.The variance request must be made in writing to the Association specifying the exact
nature of the request and the reasons for the request. Complete plans and specifications(according to Section 4.4),as
proposed,MUST accompany the request.The Association will render a decision on the request within thirty(30)days of
submission of the request
4.5 Approval Process.The construction or installation of any improvements,changes to existing
improvements,the reconstruction of improvements,or the installation or change of exterior ground improvements will
require the submission of plans and specifications for review and approval of the Architectural Control Committee
Reviewer before any such construction or installation activity is commenced.The Architectural Control Committee may
waive plan and specification Requirements for certain modifications or Improvements at its discretion.
The Approval Process consists of 4 steps.
Step 1:Pre-submittal Evaluation and Review
(A)Contact Developer or Architectural Control Committee member to obtain a copy of the
Residential Design Requirements.
(B)Not required but as needed,meet with a member of the Architectural Control Committee to review any
uncertainties or unusual design issues before application submittal.
Step 2:Application Submittal
(A) Submit Application Form to the Architectural Control Committee together with:
(B) 2 sets of blueline prints including floor plans,all elevations and a site plan for new custom units or
proposed modifications.Applications for modifications may submit a current Lot survey in lieu of a site
plan indicating the location of proposed improvements,and any applicable easements,setbacks,and
elevation differences on lot. Indicate dimensions to all adjacent property lines.
The floor plan,drawn at%"=1'0"scale,should include-
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• Heated area calculation.
• Masonry area calculation according to the Architectural Control Committee's adopted method of
calculation.
• FOR BUILDER SPEC HOMES ONLY-Any standard floor plan options,such as optional game
room versus standard bedroom
• FOR BUILDER SPEC HOMES ONLY-Building plan name and plan reference number(s).
(C) 2 sets of construction specifications/description of materials,including landscaping
(D) one(1)binder,with color photos,or brick/masonry samples or sample books provided by material
suppliers.(if requested by ACC)
(E) Any other information or documentation deemed necessary by the ACC.
Step 3:Builder Site Plan Submittal(FOR BUILDER SPEC HOMES ONLY and after Floor Plan is approved)
(A) Submit site plan for spec unit.In the case of major revision to a previously approved floor plan,
Builder must resubmit revised plan and specifications.
Major changes are defined as:changes in the building footprint exceeding two feet in any direction;
changes in exterior elevations;change in building height exceeding one foot per floor;changes in roof pitch from
the standard elevation.
The site plan,drawn at 1'=10'0"scale,should include the following building information clearly indicated:
- Location of the house on the lot with dimensions to all property lines.
- Driveway,entry walks,and sidewalk locations and widths.
- Platted street sidewalks.
- Location and type of required fencing.
- Location and finish grade of any patio or deck.
- Location,height,and material of any retaining wall over 2 feet high.
- Approximate location of existing trees 6"or more in diameter,
- Heated square footage located within the building footprint.
Step 4:Receive written Approval or Denial Letter from ACC
Using the Design Criteria set forth in these Residential Design Requirements along with the Declaration;the
ACC will either approve or disapprove an application and will send a letter to the applicant indicating such
approval or disapproval within fifteen(15)days from the date of the submission of a complete application.An
application will not be deemed to be complete until all of the documents and information set forth above has
been provided to the Architectural Control Committee.Failure of the ACC to approve or disapprove plans and
specifications within fifteen(15)days from the date of submission In accordance with these Requirements will
mean that the plans and specifications will be automatically deemed to be approved.
Upon approval by the ACC,along with the Approval Letter,the ACC will retum one approved copy of the plans
and specs to the Builder who will be responsible for ensuring that the information contained in the approved
copy is used in obtaining all other required permits and approvals by the City or other govemment jurisdiction.
The second submitted copy will be held on file for one(1)year after completion.
4.6 Owner/Builder Responsibilities.All Owners/Builders shall be held strictly responsible for the
following:
(A) Compliance with all applicable federal,state,and local building codes and regulations to include
IRC 2003 standards.
(B) Compliance with all rules,regulations,restrictions,and covenants as set out in the Declaration,
Residential Design Requirements,By-Laws of the Association,and the Architectural Control
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Committee.
(C) Compliance with plans and specs and other submittals approved by the ACC.Any
deviations from an approved plan must receive specific approval from the ACC.
(D) Providing qualified personnel to perform al of the construction activity,
(E) Maintain the construction site according to Section 4.6.
4.7 Construction Site Management Owners/Builders,contractors,and subcontractors shall be
responsible to minimize the negative visual impact of construction through the thoughtful handling of
construction activities and the maintenance of an orderly job site.
All Owners/Builders,their employees,representatives,subcontractors,suppliers,and service
personnel performing work within the development must adhere to the following construction regulations.
Certain violations may include fine assessments.(See Fine Schedule)
(A) Enter the development for the purposes of work only between the hours of 7:00 a.m.and
7:00 p.m.on weekdays and 8:00 sum.and 6:00 p.m.on weekends.
(B) Use temporary erosion controls before clearing any site. Install erosion control on any
downhill slopes where it is clear that not providing such control will be a detriment to any
surrounding property,install inlet protectors in storm drains where necessary to prevent
silt from entering drainage system. Keep filters clean from silt at all times.
(C) Adhere to a speed limit of 20 mph.or as posted.
(D) Ensure that any representative or subcontractor and/or their crews do not litter
Oakland Ridge roads,units or surrounding open space. If the Association notifies a
Builder that a construction site is littered,the Builder has 24 hours to clean the site. If the
condition is found to be unsanitary,the Owner/Builder will have two(2)hours from time of
written or faxed communication to clean the area.
(E) Maintain a neat and clean job site.Neatly stockpile all materials.Remove all debris.
including construction waste,paper,cans,bottles,litter,tree limbs,etc.from the lot and
place in a designated container for such trash.Conduct a week end site cleanup by
removing any trash and debris from the job site and from Oakland Ridge Subdivision
entirely.Clean any silt from the streets.
(F) Use steel storage bins or other comparable and sufficient storage containers,in good
condition for storage of all on-site material storage.
(G) Refrain from burning fires of any kind.
(H) Refrain from any kind of dumping within the subdivision.
(I) Remove any concrete spoils left on any vacant unit,common area or roadway and
dump in designated location to be determined by Declarant
(J) Refrain from bringing or allowing any subcontractor to bring any person less than 16
years of age to the job site during work hours.
(K) Install optional temporary fencing whenever Builder or Developer deems it necessary.
Remove such fencing at project completion.
(L) Install site and tree protection fencing along all property lines adjacent to common
areas and greenbelts,or open space prior to commencement of construction.
(M) Limit the volume of music and other noise so as not to disturb the construction site.
(N) Restore,within 72 hours,any landscaping item,including but not limited to trees,
irrigation or signage within the development whenever damage has been caused by the
Builder or any of his representatives.Violation of this regulation will result in a fine
assessment and reimbursement of any cost to restore incurred by the Association.
(0) Acquire written permission of any Owner/Builder or Association to use or have access to
any property not owned by the Builder.
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(P) Remove any permitted construction equipment,materials,supplies,and temporary structures
from the site upon completion of construction,leaving the site neat and clean,as well as re-
vegetated.
4.8 Building Setbacks.Declarant desires to create a variety of residential streetscapes.A
variation of front yard building setbacks is required and will be enforced by the Architectural Committee to
insure optimal location of each Property improvement
No building shall be located or erected nearer any lot line bordering a street right-of-way than the
building line shown on the recorded plat. No building shall be located nearer than seven and one-half(7-1/2')
feet to any interior side Lot lines except zero lot line townhome lots. No building shall be located nearer than
twenty(20')feet from any rear lot line except townhome lots. Notwithstanding,the foregoing,in respect to cul-
de-sac Lots or lots having irregular shapes,such building must be situated at a mean distance of at least seven
and one half(7-1/2')feet from each side property line of such Lot,but In no event closer at any one point than
seven and one-half(7-1/2')feet from such side property lines.Furthermore,on such cul-de-sac Lots or Lot
having irregular shapes,such structure may be constructed as near as twenty-five(25')feet from the rear of the
Lot provided further,however,that detached garages may be as near as twenty(20')feet from the rear of the
Lot and any permitted temporary structures may be situated as near as seven and one-haft(7-1/2')feet from the
rear of any such Lot For purposes of these covenants,the eaves of buildings shall not be deemed to be part of a
building or structure,but steps and porches shall be deemed to be a part of a building or structure.This Section
shall not be construed to allow any building or structure to encroach upon another Lot.
At least 25%of a Builder's dwellings on each street should be setback at least 4 ft beyond the
required City or Plat setback in order to vary the streetscape.No more than two(2)homes in a row shall be
situated on the front yard setback line,and a maximum of 15'difference in setbacks is allowed.
A variance may be granted for unusual topographic situations,at the sole discretion of the ACC.
Key factors in determining variations in the front yard and side yard setback beyond minimum requirements
indude:
(A) Appropriateness to unique site conditions such as topographic variances.
(B) Location of existing trees.
(C) Setback compatibility of adjacent homes on either side and across the street from the lot
(D) Potential views towards a greenbelt or sight lines beyond.
(E) Detached garages and side entry garages are encouraged.
No roofed or trellised structure separate from the main dwelling structure may be built within a setback
area(i.e.,gazebo,pool cabana).
Pools and spas must be constructed at least five (5)feet from any unit property line, open spacer or
Common Area.
Final approval of setbacks is determined by the ACC when the site plan la submitted for approval.
4.9 Building Area.All single family dwellings constructed on platted Lots in Oakland Ridge shall contain
not less than fifteen hundred(1500)square feet of enclosed,conditioned living space exclusive of porches(open or
covered),decks,garages and carports.
4.10 Building Height.Building height must not exceed thirty-five(35)feet in height as measured from finished
grade.Building height is defined as the vertical distance from the average elevation of the finished grade at the front of the
building to the highest point on the structure,exclusive of chimneys and ventilators.
No more than two(2)two-story dwellings can be located directly across the street from another two story dwelling.
4.11 Garages and Accessory Structures.Every single family dwelling shall include an attached or detached two
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•
(2)car garage designed to accommodate full sized conventional passenger cars.Three car garages are allowed based upon
plan and site conditions.
All garage doors must be of a sectional type only.Twin single garage doors are encouraged as an alternative to one
large double door when practical.
Dwellings on corner lots must be oriented so front loading garages are located adjacent to the interior unit property
line,away from the street comer.Side entry garages on corner units must be detached at the rear of the unit or placed at the end
of the dwelling opposite from the street comer.
Garages,whether attached or detached from the dwelling,should relate in a positive manner to the dwelling.Side
entry garages and detached rear garages are strongly encouraged on all units when possible.Detached garages located
towards the rear of the unit are encouraged to vary the streetscape.
Variances to building setbacks may be considered in order to help encourage detached garages.Setback
adjustments will be considered on a case-by-case basis.
The use of accessory structures is generally discouraged within the neighborhood.Where necessary,these
structures should be located behind the privacy fencing,in the backyard.Accessory structures are not permitted in the front or
side yards outside of a privacy fence.No accessory structure is permitted any nearer than five(5 ft)feet from a property line.
All accessory structures induding but not limited to detached garages,storage buildings,greenhouses,gazebos,and
play equipment shall be compatible with dwelling to which it is appurtenant in terms of its design and composition.Tree houses
are not permitted.All such structures shall be subject to approval by the Architectural Control Committee.In no instance shall an
accessory structure exceed one(1)story in height or have total floor area in excess of ten percent(10%)of building area of the
main dwelling.
An accessory storage structure that has a roof must be approved by the ACC.The ACC will approve design and
location of the structure.An approved structure must be residential in form and type of construction with roofing,paint color,
and other construction materials and details that match the dwelling.An accessory storage structure may not exceed six(6')
feet in height and not exceed a floor area size of 8'X 10'.Metal and"barn-like"storage structures are prohibited.
Non portable basketball goals are permitted in the front yard provided they are located a minimum of twenty(20')
feet from the street curb.The backboard attachments to the roof or other parts of the home is not permitted.Portable
basketball goals are allowed provided they are stored in the residence's driveway no less than twenty(20')feet from the curb.
All pool and/or spa construction,including equipment,fences and gates must be in conformance with City standards
and approved by the ACC.All pool drains must not drain across common areas,open spaces or adjacent units without written
approval of the ACC.
Above ground pools are not permitted.
ACC approval is not necessary for any antenna not more than one(1 m)meter in diameter.All other antenna must
be approved by the ACC.Any approved antenna must be located in such a manner that it is not visible from any street or
adjacent unit
4.12 Exterior Building Materials and Design.At least 85%aggregate total of the exterior walls of a home must be
masonry(stone,brick,stucco,or approved equal). Hardiplank will be considered on a case by case basis and must be
approved by the ACC. If changes in the masonry configuration are made,the changes must be resubmitted with the site plan
to the ACC for approval. This includes any masonry accents added around doors or windows,as well as a change in masonry
types.This does not apply if the change is made from stone to brick,or vice versa.
Exterior building materials must be natural and authentic or specifically approved.Prohibited exterior materials
Include,but are not limited to,exposed smooth-faced concrete blocks,plywood,log,plastic masonite sheeting,and metal siding
(horizontal masonite lap is acceptable).Certain vinyl siding products may be considered but must be approved by the
Architectural Control Committee.
Colors must be approved.Warm,earth-tone neutrals are required,with muted,complimentary colors suggested as
accents.Different masonry color is required for the two dwellings immediately adjacent and the three(3)dwellings directly
opposite from the subject dwelling. A masonry color,or one deemed too similar by the ACC,cannot be used more than
twice in the eight(8)house block. Bright,flashy materials,such as reflective glass,are not permitted.
The same floor plan or elevation shall not be constructed within two(2)dwellings immediately adjacent or the three
(3)dwellings directly opposite from the subject dwelling.
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Address numbers must be dearly indicated on the front of the house.The use of pre-cast stone address blocks is
required.
Awnings on street facing elevations are not permitted.The Architectural Control Committee must approve all other
awnings.
Entrances to dwellings should be clearly defined,protected by a covered porch sized at a minimum of four(4')feet in
width and four(41)feet in depth,and integrated with the building design.
The use of new or innovative building materials is encouraged and,when compatible with these Requirements, may
be approved.
4.13 Foundations.Exposed foundations shall be limited to 12'(12 feet) in height on front elevations,as well as
all other elevations facing streets(whether side or rear elevations).There shall be at least 4'(four feet)of exposed foundation
with no ground contact all the way around the structure.
The height of exposed foundations is limited to 24"on all other sides and rear elevations.
Along the front elevation,where there is exposed foundation,Owner/Builder shall plant shrubs or other plantings to
immediately screen view of foundation from street The soil used for such planting should not cover the 4"minimum exposed slab.
Exposed edges of all porches,including front porches,must be concealed by the finish grading process or veneered in
masonry. If the house Is complete and the foundation exposure exceeds the limits,the Owner/Builder will be required to screen the
exposed foundation with shrubs tall enough to immediately screen the foundation.
Masonry veneer may be deleted under rear yard decks,which are screened with wood lattice.
4.14 Roofs.Roofs must be an earth tone color.A range of earth tone shades in each neighborhood is
recommended.Roofs in primary colors are prohibited.
Roofs must have pitched slopes that have a residential quality.Minimum roof pitch is 8 to 12 and maximum roof
pitch Is 12 to 12. Flat roofs and mansard roofs are prohibited. Gable and hip roofs are the only permitted roof forms.A
variety of rooflines are encouraged, both throughout the neighborhoods and on individual dwellings. Consider varying
both roof pitch and orientation.
Approved roof materials include:
(A) 20 year minimum warranty laminated"Architectural"grade composition shingle
(B) Concrete or day tile
(C) Slate
(D) Metal,only with baked on non-reflective painted finish(no primary colors).
Prohibited materials include:
(A) Asbestos
(B) Wood shakes
(C) Wood shingles
(D) Corrugated metal and all types of reflective aluminum
Roof-mounted mechanical equipment should not extend above the highest Architectural element or be mounted
on any elevation facing the street.Flat panel solar collectors and skylights are allowed,provided these items are'in scale'
with the building and do not create a visual eyesore.Skylights must not exceed ten percent(10%)of the entire roof area.
Roof venting,stacks,and piping should be organized in a cohesive manner and should be located at the back side of the
dwelling so that such devices are not visible from the street except as noted below.
(A) In locations where the backside of the dwelling abuts a street,all exposed venting,stacks,and
piping must penetrate the roof on interior side-yard facing elevations(where roof design allows).
(B) Fixed dormer attic ventilating devices. Lift top turbine style ventilators are acceptable if they are not
visible from streets, adjoining dwellings, or any other portion of the property subject to the
Declaration.All such projections must match the color of the surface from which they project or must
be an approved color.
Roof venting stacks and pipes and other penetrations should not distract from the overall roof elevation
13
appearance.Projections must be trimmed square and clean.
Eaves and overhangs,designed to afford protection from the elements and provide shallow relief,are
encouraged.
Gutters and downspouts should be of a simple design.Downspouts should match the adjacent siding
material in color and must extend to grade.Gutters must be the same color as the eaves or roof color.
4.15 Chimneys.All exterior and interior chimneys must be constructed of 100%masonry product(brick,stone,
stucco or approved substitution.'Nardi-Plank'is considered an approved substitution.) In no case shall a metal flue be permitted
to extend from a roof without an approved chimney material encasing it.
Chimney height must be designed as required by all applicable building codes and governing jurisdictions with regards
to venting and fire safety.
Spark arresters are required in all chimneys.
Simple geometric shapes are encouraged. Provide an adequate setback from tree limbs to prevent damage to the
tree canopy.
4.16 Grading and Drainage.The overall grading and drainage system for Oakland Ridge has been designed to
promote overland flow of run-off where possible.Site drainage handled by overland flow rather than within enclosed sewers is
encouraged because of the cleansing and recharge properties of filtration and infiltration.There shall be no interference with the
established drainage patterns of the Property,except by Declarant,unless adequate provision is made for property drainage and
approved by the City and the Architectural Control Committee.
Grading must be done in conformance with the final plat notes. Minimizing cut and fill helps to preserve existing
vegetation and the natural landform.Grading should be done so that changes in elevation are gentle and natural in appearance
and retain an informal appearance by smooth variations in the contours.
4.17 Driveways and Parking.Vehicle parking location and driveway design should be functional and ancillary to
the residential development.
Only one(1)driveway and approach(20 ft.maximum width)per unit is permitted on units with 100 ft.or less frontage
and/or on a unit size of 15,000 sf.or less.
Space for two conventional passenger cars must be provided on the driveway without encroaching on the road or
street sidewalk.Trailers,boats,campers,RVs etc are not permitted to be parked on the driveway or stored in public view.
Driveways shall comply with local ordinances and codes.Driveway and parking areas must be constructed at a
minimum,with a textured finish;(i.e.broom or trowel finished concrete).Asphalt driveways and parking area are prohibited.The
finished grading process must conceal exposed edges of driveways and parking areas.A maximum of four(4)inches vertical
exposure is allowed at these surfaces.Exposed areas exceeding four(4)Inches in height must be faced(veneered)In a
masonry material compatible with the exterior surface of the unit or with the driveway or landscape masonry materials or soil.
Exposed aggregate concrete(washed),stamped concrete,decorative masonry,tile,or concrete pavers and/or banding are
recommended materials for driveway surfaces.
4.18 Sidewalks and Entry walks.Sidewalks shall be provided by Developer to meet at least the minimum sidewalk
requirement of the local governing authority.
Owner/Builders are encouraged to use entry sidewalks creatively,varying the form and materials and integrating
such walks with landscape plantings and landscape lighting.
Entry walks connecting onsite parking and the dwelling entry be a minimum of 4 ft.wide.
If steps are necessary along the entry walk,they must occur in sets(or flights)with a minimum of 2 steps and a
maximum of 5 steps per set. A landing of 4 ft.minimum is required between sets of steps.Maximum riser height is 5 inches.
Exposed edges of sidewalks and porches(including front porches)must be concealed by the finish grading process
or by use of landscape planters.A maximum of four inch(4")vertical exposure is permitted at these surfaces.Exposed areas
exceeding four(4")inches in height must be faced(veneered)in a masonry material compatible with the exterior of the dwelling.
The use of accent paving materials,such as brick,exposed aggregate concrete,stamped concrete,concrete pavers,
decorative masonry,or tile as panels or banding are encouraged to enhance the entry.
4.19 Retaining Walls,Freestanding Walls and Fencing.Freestanding and retaining walls
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should provide a consistent appearance.All walls must be faced(veneered)with masonry(stone,brick,
stucco,or approved equal)and should be designed as an integral part of the Lot development.
No retaining wall shall exceed four(4)feet in height unless a variance is obtained by the ACC.
No wall may be located in the front setback unless a variance is obtained.Any wall allowed in the front setback may
not be more than three(3 it)feet in height. All other allowed walls may not exceed six(6 ft)feet in height. A variance must be
obtained to allow a wall higher than six(6 ft)feet in height.
Any freestanding wall must be designed as an integral part of the overall dwelling and site design.A wall may not be
placed to line up with a front dwelling wall but must be offset by at least two(2 ft.)feet. Walls that project in a way to reveal their
thickness must return or terminate with a 12"column.
Fencing improvements include the construction and installation of any fence and appurtenances,as well as the
demolition or voluntary destruction thereof.
The Architectural Control Committee must approve all fencing that deviates from the standard approved fencing,
which is a cedar or redwood privacy fence having vertical slats with no gaps constructed to be at least six(6')feet high. No fence
shall be higher than six(6 ft.)feet height without a variance association.All fencing visible from a public road shall terminate in
caps.The fence shall be placed at least two(2 ft)feet behind the front wall of the dwelling,and no nearer to any side street than
the minimum setback line.
A fence may not be located within any building setback and must adhere to the City fencing regulations.In no case,
shall a fence be permitted in a front setback,however if the proper variances are obtained from the City,the ACC shall
additionally grant a variance for a fence to be located in a street side setback.
Fences abutting a street or which are visible from a street,permanent open space,or greenbelt must be constructed
with the finished or smooth side facing the street or open space.These fences may be double-faced.Fences visible from a street
can be solid privacy fences or wrought iron or other approved fencing by ACC.
Chain link fencing Is not permitted except in areas specifically required by goveming agencies or as originally
constructed and installed by Developer.Any chain link fencing approved or installed by Developer shall be screened with
approved fabric,mesh or landscape screening.
No plastic or wire fences are permitted.
4.20 Screening.Screening is required for transformers,lift stations,meters,air conditioning units,and garbage can
storage areas.Items requiring screening should be located on the rear or side yards when possible.These elements should be
integrated in the unit design.Garbage cans may be stored behind a wood privacy fence.Gates should be located nearest
driveway side of house to more easily accommodate screening of garbage cans.
Approved walls,fencing or shrubs may be used as screening.If it is impossible to screen such
equipment,where allowable,it must be painted to match house trim or masonry,
If using plant material as screening,the plants must be large enough upon installation to provide immediate screening.
Any plant used as screening should be included on site plan during Approval Process.
Boats,RVs trailers,and other similar items must be stored in the garage or otherwise out of public site from any street
or other property or stored off-site.
4.21 Site Lighting.All dwelling unit entries shall be lit with a standard porch light. Any additional night lighting or
landscape lighting must be positioned and properly hooded so as not to spill light onto adjacent properties.
The color of entry and landscape lighting must be white or off-white.No colored lenses or bulbs are allowed.
Pole mounted floodlights and high Intensity lights are prohibited.Front yard residential scale coach or lamp type
fixtures are encouraged.All other lighting must be attached to a permanent structure within the buildable area or placed and
screened within and by the landscape materials.Above grade junction boxes must be hidden from view with a screening
material.
4.22 Wood Decks.All proposed decks on either new or existing dwellings must be submitted for ACC approval.
The deck plan should be included on the site plan or on an existing survey.
Decks are not permitted in the front yard.
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The finished floor height for any deck may not exceed the finished floor height of the dwelling.Second story decks are
prohibited.
Storage areas under decks must be screened with masonry or wood lattice or other approved material.
4.23 Landscape Planting.All yards must be sodded within ten(10)days after occupancy to minimize soil erosion.
Install and maintain erosion controls as necessary on all unsodded yards to prohibit runoff onto adjacent property,until
landscape improvements are completed.
A minimum of ten(10)5-gallon shrubs must be installed in the front yard of the unit to enhance the appearance of
the unit. On corner lots an additional six(6)shrubs are required in the street-facing side yard.
At least two(2)3"caliper canopy species tree are required in front yards and two(2)3"caliper tree are also required
in a side yard having street frontage and are also required in rear yards which abut or are directly visible from a street. Caliper is
measured three(3")feet above finish grade.
"Screening"shrubs are defined as shrubs contained in 5-gallon containers minimum.
At the time of Installation,"screening"shrubs must be large enough to immediately screen any item from view of
surrounding properties or right-of-way.
To maintain sight line corridors,shrub heights within the street right-of-way must not exceed thirty(30")inches in
height at maturity.
Gravel will not be permitted as ground cover,except in side-yard areas and in conjunction with tree and shrub planting
beds.In no case will gravel be permitted in areas where gravel can be viewed from the street
Imitation or plastic plants,including synthetic turf materials,are prohibited.
The use of railroad ties in the landscape is prohibited.Only approved landscape edging materials shall be used for
edging landscape beds or retaining soil.
ARTICLE V
OAKLAND RIDGE HOMEOWNER'S ASSOCIATION
5.01 Organization.Declarant has caused the Formation and Incorporation of the Association as a nonprofit
corporation created for the purposes,charged with the duties,and vested with the powers prescribed by law or set forth in its
Articles and Bylaws or in this Declaration.Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed
or interpreted so as to be inconsistent with this Declaration.
5.02 Membership.Any Person or entity upon becoming an Owner shall automatically become a Member of the
Association.Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner thereof for
membership,and membership may not be severed from,or in any way transferred,pledged,mortgaged,or alienated except
together with the title to the said property interest.
5.03 Voting rights.The right to cast votes,and the number of votes which be cast for election of directors to
the Board and on all other matters to be voted on by the Members shall be calculated as follows:
(A) The Owner,whether one or more(including Declarant),of each Lot within the Property shall have one vote
for each Lot so owned.
(B) In addition to the votes to which Declarant is entitled by reason of Subparagraph 5.03.A of this Section,for
every such vote Declarant shall have three(3)additional votes,and(2)for each part of the Property that has not been subdivided
by plat recorded in the Official Records of Brazos County,Texas,Declarant shall have one(1)vote for each acre owned by
Declarant. Declarant shall have the number described in this Section 5.03(B)until such time as all of the Property has been
subdivided by plat and seventy-five percent(75%)of the Lots have been transferred by Dedarant(the'Transition Date').Thereafter,
Declarant shall have only the votes,if any,to which it is entitled under Subparagraph(A)of this Section.
5.04 Powers and Authority of the Association.The Association shall have the powers of a Texas nonprofit
corporation,subject only to any limitations upon the exercise of such power as are expressly set forth in this Declaration.It shall
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further have the power to do and perform any and all acts,which may be necessary or proper for or incidental to the exercise of
any of the express powers granted to it by the laws of Texas or by this Declaration.Without in any way limiting the generality of
the two preceding sentences,the Association,and the Board acting on behalf of The Association,shall have the following powers
and authority at all times;
(A) Rules and Bylaws.To make,establish and promulgate,and in its discretion to amend or repeal and re-
enact,such Rules and Bylaws,not in conflict with this Declaration,as it deems proper to address any and
all aspects of its functions.
(B) Insurance.To obtain and maintain in effect policies of insurance which,in the opinion of the Board,are
reasonable,necessary or appropriate to carry out Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy Assessments as provided in Article VII below.
(E) Right of Entry and Enforcement.To enter at any time in an emergency,or in a non-emergency,after ten
(10)days written notice,without being liable to any Owner,upon any Lot and into any improvement
thereon for the purpose of enforcing the Restrictions or for the purpose of erecting,maintaining or
repairing any improvements to conform to the Restrictions,and the expense thereon shall be a personal
obligation of the Owner of the Lot entered upon,shall be a lien upon the Lot entered on and improvements
thereon,and shall be enforced in the same manner and to the same extent as provided in Article VII
hereof for regular and special Assessments.The Association shall have the power and authority
from time to time in its own name and on its own behalf,or in the name of and on behalf of an Owner who
consents thereto,to commence and maintain actions and suits to enforce,by mandatory injunction or
otherwise,or to restrain and enjoin,any breach or threatened breach of the Restrictions.The Association
is also authorized to settle claims,enforced liens and take all such action as it may deem necessary or
expedient to enforce the Restrictions;provided,however,the Board shall never be authorized to expend
any Association funds for the purpose of bringing suit against Declarant,its successors or assigns.
(F) Legal and Accounting Services.To retain and pay for legal and accounting services necessary or
proper for the operation of the Association.
(G) Delegation to Committees.To set up one or more Committees as authorized by the Texas Non-
Profit Corporation Act,as the same is amended from time to time.
(H) Employees.To engage such employees as may be reasonably necessary in the management of
the Association and the performance of its duties.
(I) Enforcement.To enforce the terms and conditions of these restrictive covenants,including but not
limited to,initiating legal action,to obtain compliance.
5.05. Landscape and Maintenance.The Association shall be authorized to landscape,maintain and repair
easements,rights-of-way,common areas,entryways,sidewalks,paths,trails,detention ponds,lakes,and other areas of the
Property,as appropriate.
5.06. Common Areas.
(A) Subject to and in accordance with this Declaration,the Association acting through the Board,shall
have the following duties:
(1) To accept,own,operate and maintain all Common Areas which may be conveyed or leased to it by
Declarant,together with any Improvements of any kind or purpose located in said areas;and to
accept,own,operate and maintain all other property,real and personal,conveyed or leased to the
Association by Declarant and to maintain in good repair and condition all lands, Improvements,and
other Association property owned by or leased to the Association,whether by Declarant or by other
Persons.
(2) To pay all real and personal property taxes and other taxes and assessments levied upon or with
respect to any property owned by or leased to the Association to the extent that such taxes and
assessments are not levied directly upon individual Members of the Association.The Association shall
have all rights granted by law to contest the legality and the amount of such taxes and assessments.
(3) To execute mortgages,both construction and permanent,for construction of Improvements on
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property owned by or leased to the Association,and to accept lands in Common Areas,whether or
not improved,from Declarant subject to such mortgages or by assuming such mortgages.Financing
may be affected through conventional mortgages or deeds of trust,the issuance and sale of
development or other bonds,or in any other form or manner deemed appropriate by the borrower,
whether Declarant or the Association.The mortgage or other security interest given to secure
repayment of any debt may consist of a first,second or other junior lien,as deemed appropriate by
borrower,whether Declarant or the Association,on the Improvement to be constructed,together with
such underlying and surrounding lands as the borrower deems appropriate.
The debt secured by such mortgage or other security instrument may be retired from and secured by the
revenues generated by dues,use fees,assessments of Members,or otherwise,or any combination
thereof,as may be deemed appropriate by Declarant or the Association,as the case may be but subject to
the limitations imposed by this Declaration.
(B) In addition to,and not in limitation of,the power and authority of the Association as set forth In Section
5.04 of this Declaration,the Association,acting through the Board shall have the power and authority:
(1) To grant and convey portions of Association property,including fee title,
leasehold estates,easements,rights-of-way,and/or mortgages,to any person or entity for the purpose of
constructing,erecting,operating or maintaining the following:
(a) Parks,parkways or other recreational facilities or structures;
(b) Roads,streets,walks,driveways,trails and paths;
(c) Lines,cables,wires,conduits,pipelines or other means of providing utilities;
(d) Sewers,water systems,storm water drainage systems,sprinkler systems and pipelines;and/or
(e) Any similar public,quasi-public or private Improvements.
Nothing contained in this Subparagraph,however,shall be construed to permit use or occupancy of any
Common Area or Improvement in a way that would violate applicable use and occupancy restrictions
imposed by other provisions of this Declaration,or by any statue,rule,regulation,ordinance or other law
of any governmental entity including but not limited to rules and orders or the Texas Water
Development Board,Texas Water Commission,and any flood plain,industrial waste or other ordinance of
the City of College Station.
(2) To pay for water,sewer,garbage removal,landscaping,gardening and all other utilities,services and
maintenance for the property of the Association.
(3) To pay for any other services necessary or proper in the performance of
Association functions,and to pay for any other taxes or assessments that the Association or the Board is
required to secure or to pay for pursuant to applicable law,the terms of this Declaration,or the Articles or
Bylaws of the Association.
(4) To own and operate any and all types of facilities for both active and passive recreation.
(5) To construct new Improvements or addition to Association properties,subject to the approval of the
Architectural Committee as required in this Declaration.
(6) To enter into contracts with Declarant and other persons,on such terms and provisions as the Board
shall determine,to operate and maintain any of the Common Areas or to provide any service or perform any
function on behalf of Declarant or the Association in connection with the purposes of the Association,
(7) To acquire and own and to dispose of all manner of real and personal property,whether by purchase,
grant,lease,gift or otherwise.
(8) To merge with other associations having the same or similar purposes and objectives,or terms
acceptable to the Board.
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5.07 Agreement with City of College Station and County of Brazos.The Declarant,as the agent of the Association,
or the Association,may enter into one or more agreements with the City of College Station or State of Texas or both,with respect
to the landscaping and maintenance of portions of street rights-of-way,or the dedication of any drainage basin,park or other
Common Area within the Property for municipal maintenance.The Association shall accept,without further requirement or
documentation,said agreement and the Requirements and benefits associated therewith,for any agreement reached by the
Declarant.
5.08 Indemnification.The Association shall indemnify any director,officer,or member of a committee duly
appointed pursuant to the Articles or Bylaws who was,or is threatened to be made a named defendant or respondent in any
threatened,pending,or completed action,suit or proceeding,whether civil„criminal,administrative,arbitrative,or investigative,
any appeal in such an action,suit,or proceeding,and any inquiry or investigation that could lead to such an action,suit,or
proceeding(hereinafter a'Proceeding')by reason of the fact that such person is or was a director,officer or member of such a
Committee of the Association,against all judgments,penalties(including excise and similar taxes),fines,settlements,and
reasonable expenses actually incurred by the person in connection with any such Proceeding to the fullest extent permitted by the
Texas Non-profit Corporation Act,as amended and in effect from time to time.Such authorization of indemnification shall be
deemed to be mandatory and deemed to constitute authorization of indemnification and advancement of expenses to the fullest
extent permitted by the Texas Non-Profit Corporation Act,as amended and in effect from time to time.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
6.01 The Architectural Control Committee.The Architectural Control Committee shall consist of not more than three
(3)voting member('Voting Members')and such additional nonvoting members serving in an advisory capacity('Advisory
Members')as the Voting Members deem appropriate.The following persons are hereby designated as the initial Voting Members
of the Architectural Control Committee:David Borsack,Donna Borsack,and Daniel Borsack.Any one or more of said members
may appoint another person(including another member of said Committee)to act as his Agent on said Committee
with full authority.Said Committee shall maintain records of said appointment and its actions as Committee.
In the event a member resigns or no longer serves for any reason,the remaining members shall select a
replacement
6.02 Action by Architectural Committee.Items presented to the Architectural Control Committee shall be decided
by a majority vote of the Voting Members.
6.03 Advisory Members.The Voting Members may from time to time designate Advisory Members.
6.04 Term. Each member of the Architectural Control Committee shall hold office until which time he or she
has resigned or has been removed or his or her successor has been appointed as provided herein.
6.05 Declarant's Rights of Appointment.Until the Transition Date described in Section 5.03,Declarant,its
successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Control Committee,
which persons need not be drawn from Association Members.Notwithstanding the preceding sentence,Declarant may delegate
its right of appointment,or any portion thereof,to the Board by written instrument before such date.Whenever the Transition
Date occurs,the Board shall have the right to appoint all Voting Members.At such time as the Board gains the right to appoint
and remove Voting members of the Architectural Control Committee,or any portion of this right,a majority of the Voting Members
so appointed shall be drawn from Members of the Association.Advisory Members shall,when reasonably possible,be drawn
from Members of the Association.
6.06 Adoption of Rules.The Architectural Control Committee may adopt such procedural and substantive rules and
guidelines,not in conflict with this Declaration,as it deems necessary or proper for the performance of its duties,including but
not limited to similar codes.
6.07 Architectural Control.The Architectural Control Committee shall have the express authority to perform fact
finding functions hereunder and shall have the power to construe and interpret any covenant herein that may be vague,indefinite,
uncertain or capable of more than one construction.The Architectural Control Committee or its agents or assigns shall have the
right,but not the obligation to enter any Lot to determine if violations of this Declaration,the Residential Design Guidelines,or any
other documents promulgated by the Architectural Control Committee or the Homeowner's Association exist. In so doing,the
Architectural Control Committee shall not be subject to any liability for trespass,other tort or damages in connection with or arising
from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.The
Architectural Control Committee may,at its sole discretion,retain andlor delegate review of plans and specifications to a
designated AIA architect or other such person or firm as may be designated by the Architectural Control Committee,experienced or
qualified to review same,who may then render an opinion to the Architectural Control Committee.Approval of Plans
and Specifications shall not cover or include approval for any other purpose and specifically,but without limitation shall not be
construed as any representation as to or responsibility for the structural design or engineering of the improvements or the
ultimate construction thereof.The Architectural Control Committee or its assignee,at its sole discretion and to the extent wherein
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not expressly prohibited by this Declaration and any amended or supplemental declaration,is hereby permitted to approve in
writing deviations in the general use restrictions set forth in Article III in instances where,in its judgement,such deviations will
result in a more common beneficial use and enhance the overall development plan for the Property.The approval of a deviation in
the general use restrictions by the Architectural Control Committee does not obligate the Architectural Control Committee to
approve a similar deviation at a later time.Notwithstanding any other provision contained herein,any dwellings,additions,or
improvements erected or placed on any Lot shall be deemed to comply with the Residential Design Requirements of the
Architectural Control Committee and related covenants contained in the Declaration unless the Architectural Control Committee
so notifies the Owner otherwise in writing within four(4)years from the completion thereof.This provision,however,shall
not be deemed a waiver of the right of the Architectural Control Committee or Declarant to enforce the continuing restriction of
use contained herein.
The Architectural Control Committee shall have the authority hereunder to require any Owner or Owner's agents or
contractors to cease and desist in constructing or altering any Improvements on any Lot,where such actions have not first been
reviewed and approved,constitute a violation of Declaration,the Residential Design Requirements or any other documents
promulgated by the Architectural Control Committee.The violating Owner shall remove such violating Improvements or
site work at its sole expense and without delay,returning same to its original condition or bringing the Lot into compliance with
the Declaration,Architectural Control Committee documents and any plans and specifications approved by the Architectural
Control Committee for construction on that Lot.This Declaration is notice of such approval requirements and,by
purchasing a Lot,Owners hereby agree to bear the cost and expense to cure any violations according to this provision,
regardless of the substantial cost,time or loss of business involved.
Written notice may be delivered to Owner or any agent or contractor with apparent authority to accept same and
notice shall be binding on Owner as if actually delivered to Owner.
The Architectural Control Committee shall have the right to set reasonable time constraints for both the
commencement and completion of construction,which constraints shall be no less than ninety(90)days to commence
construction and nine(9)months to complete construction from the date of approval granted by the Architectural Control
Committee.If construction fails to start before the designated commencement date or is not completed before the designated
completion date the plans shall be deemed not approved.
The Architectural Control Committee has the right to charge a review fee,to be established by the Board of Directors,
for review of any plans or specifications submitted for approval to the Architectural Committee.
6.08 Actions of the Architectural Control Committee.The Architectural Control Committee may,by resolution
unanimously adopted in writing,designate one or two of its members or an agent acting on its behalf to take any action or
perform any duties for and on behalf on the Architectural Control Committee.In the absence of such designation,the vote
of a majority of all the members of the Architectural Control Commission taken without a meeting,shall constitute an act of
the Architectural Control Committee.
6.09 No Waiver of Future Approvals.The approval or consent of the Architectural Control Committee of any Plans
and Specifications for any work done or proposed,or in connection with any other matter requiring the approval or consent of the
Architectural Control Committee,shall not be deemed to constitute-a waiver of any right to withhold approval or consent as to
any other Plans and Specifications,or other matter whatever,subsequently or additionally submitted for approval or consent by
the same or a different person.
6.10 Work in Progress.The Architectural Control Committee may at its option inspect all work in progress to
insure compliance with approved Plans and Specifications.
6.11 Nonliabilitiy of Architectural Control Committee Members.Neither the Architectural Control Committee nor
any member thereof shall be liable to the Association or to any Owner or to any other person for any loss,damage or injury
arising out of their being in any way connected with the performance of the Architectural Control Committee's duties under this
Declaration unless due to the willful misconduct or bad faith of the Architectural Control Committee nor any member thereof
shall be liable to any Owner due to the construction of any improvements within the Property,or the creation thereby of any
obstruction of the view from such Owner's Lot or Lots.
6.12 Address.Plans and Specifications shall be submitted to the Architectural Control Committee in care of the
Association,or in care of such other person at such other address as may be designated by Declarant or the Board,as the case
may be,from time to time.
6.13 Certificate of Compliance.Upon completion of any Improvement approved by the Architectural Control
Committee and upon written request by the Owner of the Lot,the Architectural Control Committee shall issue a Certificate of
Compliance in a form suitable for recordation. The Certificate shall identify the Lot,the Plans and Specifications pursuant to
which the Improvements were made,the use or uses to be conducted with respect to the Improvements,and shall further
20
specify that the Improvements comply with the approved Plans and Specifications and that said Plans and Specifications are
on file with the Architectural Control Committee of the actual construction of the Improvements or of the structural integrity,
workmanship or materials thereof. The Owner is hereby notified the Certificate in no way warrants,except as set forth above,
the sufficiency or acceptability of or endorsement by,the Archtectural Control Committee of the construction,structural integrity,
workmanship or materials of the Improvements. Preparation and recordation of such a Certificate shall be at the expense of the
Owner of the unproved Lot
6.14 Failure to Act In the event the Architectural Control Committee or it's designated representative fails to approve or
disapprove any Plans and Specifications within fifteen(15)days aflerthe same have been submitted to it,complete with all other
information requested by the Architectural Control Committee in connection with each submission,approval shall be assumed and,upon
construction completion,the Owner of the Improvements so completed may obtain a Certificate of Compliance as set forth
in Section 6.13 above.
6.15 Variances.Notwithstanding any other provision of the Declaration,in order to prevent undue hardship upon
the Cwner or Owners of any individual Lid or Lots upon the Property,variance from any restrictions set out I in this Declaration may
be granted by a unanimous decision of the Architectural Control Committee in awritten instrumentto be duyadcnoMledged and
recorded in the Ottidal Records of Brazos County,Texas if and when such a variance shall ever be granted.
6.16 Government Agency Aooroval. Nothing In this Declaration shall be construed to relieve the Ownerirom
securing such approvals,certificates andlor permits as may be required by law in connection with the construction of any Improvements
on any Lot
6.17 Relationship with Associates.The Architedural Control Committee has been seated pursuant to this Declaration to
perform certain functions specified herein relative to the review and approval of Plans and Specifications for improvements built on the
Property.The Architedural Control Committee,does not exercise the authority of the Board,and shall not do so unless and until®the
Board shall have duly appointed a majority of Board members to the Architectural Control Committee,and(ii)the Board shall by
unanimous resolution,duty recorded in the records of the Association make the Architedual Control Committee a cora ittee of the Board in
accordance with the Texas Non-Profit Corporation Ad.
ARTICLE VII
FUNDS AND ASSESSMENTS
7.01 Assessments.
1. The Association may from time to time levy Assessments against each Lot whether or not improved.
The level of Assessments shall be equal and uniform between all Lots,provided,however,that no
Assessments hereunder shall be levied against Declarant.
2. Where the obligation to pay an Assessment first arises after the commencement of the year or other
period for which the Assessment was levied,the Assessment shall be prorated as of the date when
said obligation first arose in proportion to the amount of the Assessment year or other period remaining
after said date.
3. Each unpaid Assessment together with such interest thereon and costs of collection thereof as
hereinafter provided,shall be the personal obligation of the Owner of the Lot against which the
Assessment falls due,and shall become a lien against each such Lot and all improvements thereon.
The Association may enforce payment of such Assessments in accordance with the provisions of this
Article.
7.02 Maintenance Fund.The Board shall establish a maintenance fund into which shall be deposited all monies
paid to the Association and from which disbursements shall be made in performing the functions of the association under this
Declaration.The funds of the Association must be used solely for purposes authorized by this Dedaration,as it may from time to time
be amended.
7.03 Regular Annual Assessments.Prior to the beginning of each fiscal year,the Board shall estimate the expenses to
be incurred by the Association during such year in performing its functions under this Dedaration,including but not limited to the cost
of maintenance of all entryways,landscaping,greenbelts,common areas,median strip,and right-of-way maintenance,the cost of
enforcing the Covenants and Restrictions,and reasonable provisions for contingencies and appropriate replacement reserves,less
any expected income and any surplus from the prior year's funds.Assessments suffident to pay such estimated expenses shall then be
levied as herein provided,and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If
the sums collected prove inadequate for any reason,including nonpayment of any individual Assessment,the Association may at any
time,and from time to time levy further Assessments in the same manner as aforesaid.All such regular Assessments shall be due and
payable to the Association on or before the first day at the beginning of the fiscal year or during the fiscal year in equal monthly
21
installments on or before the first day of each month,or in such other manner as the Board may designate in its sole and absolute
discretion.
7.04 Special Assessments.In addition to the regular annual Assessments provided for above,the Board may levy
special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out its
mandatory functions of the Association under this Declaration.The amount and due date of any special Assessments shall be at the
reasonable discretion of the Board.
7.05 Owners Personal Obligation for Payment of Assessments.The regular and special Assessments provided for
herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments,except as otherwise provided
in Section 7.01A hereof,no Owner may exempt himself from liability for such Assessments.In the event of default in the payment of
any such Assessment,the Owner of the Lot shall be obligated to pay interest at the highest rate allowed by applicable usury laws then
in effect on the amount of the Assessment from due date thereof(or if there is no such highest rate,then at the rate of 1-1/2%per
month),together with all costs and expenses of collection,including reasonable attorney's fees.
7.06 Assessment Lien and Foreclosure.All sums assessed in the manner provided in this Article but unpaid,shall,
together with interest as provided in Section 7.05 hereof and the cost of collection,including attorney's fees as herein provided,
thereupon become a continuing lien and charge on the Lot covered by such Assessment,which shall bind such Lot in the hands of
the Owner,and such Owner's heirs,devisees,personal representatives,successors or assigns.The aforesaid lien shall be superior to
all other liens and charges against the said Lot,except only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust
filed of record,securing on either securing on either instance sums borrowed for the acquisition or improvement of the Lot in question.
The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien.Such power shall be entirely
discretionary with the Board and such subordination shall be effectuated by an officer of the Association,duly authorized by the Board.
To evidence an Assessment lien,the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid
indebtedness,the name of the Owner of the Lot covered by such lien,and a description of the Lot. Such notice shall be signed by an
officer of the Association,duly authorized by the Board,and shall be recorded in the office of The County Clerk of Brazos County,Texas.
Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent,
and may be enforced subsequent to the recording of a notice of Assessment lien as provided above,by the foreclosure of The defaulting
Owner's Lot by the Association in like manner as a mortgage secured by a deed of trust on real property,or the Association may institute suit
against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure
proceeding,whether judicial or non judicial,the Owner shall be required to pay the costs,expenses,and reasonable attorney's fees incurred by
the Association.The Association shall have the power to bid on the Property at foreclosure or other legal sale and to acquire,hold,lease,
mortgage,convey or otherwise deal with the same.Upon the written request of any Mortgagee,the Association shall report to said Mortgagee
the status of any Assessments relating to the Mortgagee's mortgage and remaining unpaid for longer than thirty(30)days after due..
ARTICLE VIII
EASEMENTS
8.01 Reserved Easements. All dedications,limitations,restrictions,and reservations shown on any plat covering all or any
portion of the property and all grants and dedications of easements,rights-of-way,restrictions,and related rights made by Declarant prior to the
Property becoming subject to this Declaration,are incorporated herein by reference and made a part of this Declaration for all purposes as if
fully set forth herein,and shall be construed as being adopted in each and every contract,deed,or conveyance executed or to be executed by
or on behalf of Declarant conveying any part of the property.Declarant reserves the right to make changes in and additions to the said
easements and right-of-way for the purpose of most effectively,efficiently and economically developing and marketing the property.Further,
Declarant reserves the right without the necessity of the joinder of any Owner or other person or entity,to grant,dedicate,reserve or otherwise
create,at any time or from time to time,common areas,rights-of-way and easements for public utility purposes(including,without limitation,
gas,cable,water,electricity,telephone and drainage},in favor of any person or entity,along and on either or both sides of any Lot line,any
such easement having a maximum width of seven and one-half(7-112')feet on each side of such Lot line.
8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat Within these easements,if any,no structure or other material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities;or in the case of drainage easements,which may
change the direction of flow of water through drainage channels in such easements.The easement area of each Lot,it any,and all
improvements in such area shall be maintained continuously by the Owner of the Lot except for those Improvements for
which a public authority or utility company is responsible.Neither Declarant nor any utility company using the easements herein or referred to
shall be liable for any damages done by them or their assigns,agents,employees,or ervants to shrubbery,streets or flowers or other
properly of the Owners situated on the land covered by said easements.
8.03 Surface Areas. The surface of easement areas for underground utility services may be used for planting shrubbery,
trees,lawns,flowers.However neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any
Owner or to the Association for any damage done by them or either of them,or their respective agents,employees,servants or assigns,to
any of the aforesaid vegetation as a result of any activity reasonably relating to the construction,maintenance,operation or repair of any
facility in any such easement area.
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8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow,as contours
of land and the arrangement of improvements approved by the Architectural Control Committee thereon require.Each Owner
further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration
and shown on the Plat.There shall be no construction or Improvements,temporary or permanent,in any drainage easement,except as
may be approved in writing by the Architectural Control Committee.
8.05 Blanket Easement.An easement is hereby retained in favor of the Association over all Lots and the Common
Area for the purpose of enforcing the Oakland Ridge Residential Restrictions in accordance with Sector 5.04(E)hereof,and for the
construction of a common cable television system,a common sprinkler system,maintenance of landscaping,or any other item for the
common benefit of the Owners.An easement is further granted for the purpose of repairing and maintaining any such system so
constructed.An entry upon any lot of the Common Areas to effectuate the foregoing purpose shall not be deemed as trespass.
ARTICLE IX
MISCELLANEOUS
9.01 Term.This Declaration,including all of the covenants,conditions,and restrictions hereof,shall run until
,unless amended as herein provided.After ,this Declaration,including all such
covenants,conditions,and restrictions shall be automatically extended for successive periods of ten(10)years each,unless
amended as provided in Section 9.03 below or terminated by a written instrument executed by the Owners of at least three-
fourths(314)of the Lots within the Property than subject to this Declaration,filed of record in the Official Records of Brazos
County,Texas.
9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above,the
Association shall be dissolved,in the event of any such dissolution of the Association,other than incident to a merger or
consolidation,the assets of the Association shall be dedicated to any appropriate public agency to be used for purposes
similar to those of the Association with respect to the Common Areas.In the event that such dedication is refused acceptance,
such assets shall be granted,conveyed and assigned to any nonprofit corporation,association,trust or other organization to be
devoted to such similar purposes.
9.03 Amendment.
(A) By Declarant.This Declaration may be amended by The Declarant,acting alone,until the Transition
Date(defined in Section 5.03).No amendment by Declarant shall be effective until there has been recorded in
the Official Records of Brazos County,Texas,an instrument executed and acknowledged by Declarant and
setting forth the amendment,and an instrument executed and acknowledged by the Secretary of the
Association,certifying that the Declarant had the requisite number of votes.
(B) By Owners.After the Transition Date(defined in Section 5.03),this Declaration may be amended by
the recording in the Official Records of Brazos County,Texas,of an instrument executed and acknowledged by
the President and Secretary of the Association setting forth the amendment and certifying that such amendment
has been approved by owners entitled to cast at least sixty percent(60%)of the number of votes entitled to be
cast pursuant to Section 5.03 hereof.
9.04 Notices.Any notice permitted or required to be given by this Declaration shall be in
writing and may be delivered either personally or by mail it shall be deemed to have been delivered on the
third(3rd)day(other than a Sunday or legal holiday)after a copy of the same has been deposited In the United States mail,
postage prepaid,addressed to the person at the address given by such person to the Association or the purpose of service
of notices.Such address may be changed from time to time by notice in writing given by such person to the Association.
9.05 Severability Construction.If it is found that any provision contained in this Declaration is in violation of
any law,then such provision shall be interpreted to be as restrictive as possible to preserve as much of the original
provision as allowed by law.The invalidity,illegality or unenforceability of any provision of this Declaration shall not affect
any other term or provision hereof and the terms and provisions hereof shall thereafter be construed as if such invalid,
illegal or unenforceable term of provision had never been contained herein.
IN WITNESS WHEREOF.Declarant has executed this Declaration as of this_day of 2006.
Oakland Ridge Partners,LLC,a Texas limited liability company
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By:Oakland Ridge Partners,LLC.,a Texas Limited liability
company,its Manager
By:
THE STATE OF
TEXAS COUNTY OF
BRAZOS
This instrument was acknowledged before me on the day of ,2006,by
a Texas limited liability company,on behalf of
said company.
Notary Public,State of Texas
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