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DECLARATION OF COVENANTS AND RESTRICTIONS
OF
KYLEVIEW ESTATES SUBDIVISION
THIS DECLARATION OF COVENANTS AND RESTRICTIONS OF KyleView
Estates Subdivision ("Declaration") is made this .9,\ day of May, 2009 by Lawco Resources,
LLC, an Arkansas limited liability company(the"Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described on Exhibit "A"
attached to this Declaration (hereafter the"Property" or the"Subdivision") and desires to create
a single family, residential subdivision consisting of approximately one hundred nineteen (119)
individual lots and possible, open spaces, and green belts, for the benefit of the community,
which shall be known as "KyleView Estates;"
WHEREAS, Declarant desires to provide for the preservation of the values of the
Property and for the maintenance of any open spaces and green belts; and to this end, desires to
subject the Property to these covenants, restrictions, easements, charges and liens, each of which
is for the benefit of the Property and each Owner of an individual lot;
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the
values of the Property to create an association, which shall be assigned the powers of
maintaining, administering and enforcing these covenants and restrictions and doing all other
things necessary to preserve the values of the Property in this community;
WHEREAS, Declarant has created the Common Area within the Subdivision as
hereinafter described and it has deemed it desirable to create an association to which should be
delegated and assigned the powers of maintaining the Common Area as well as administering
and enforcing the covenants, conditions and restrictions and collecting and disbursing the
assessments and charges as hereinafter created;
WHEREAS, Declarant has leased the Property to Breckenridge Group Kyleview, LP, a
Texas limited partnership (the "Lessee") pursuant to that certain Ground Lease Agreement dated
July 23, 2008 (the"Ground Lease"); and
WHEREAS, Declarant has caused to be incorporated under the laws of the State of
Texas, as a nonprofit corporation, KyleView Estates Homeowners Association, Inc., for the
purpose of exercising these functions.
NOW WHEREFORE, the Declarant declares that the Property is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,
charges and liens (sometimes referred to as "Covenants and Restrictions") set forth:
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t_F -"J29501 OR 9107 i49
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any supplemental Declaration
(unless the context shall indicate a contrary intention) shall have the following meanings:
(a) "Association" shall mean and refer to KyleView Estates Homeowners Association,
Inc., a Texas nonprofit corporation, its successors and assigns.
(b) "Common Area" shall mean any area within the Property that is designated by
Declarant on any filed plat of the Property as "Common Area" for the use, benefit, and
enjoyment of all Owners.
(c) "Property" or "Subdivision" shall mean and refer to all that certain real property in
the plats recorded in Volume 8815, Page 238 of the Official Records of Brazos County, Texas,
and additions thereto, as may be made subject to this Declaration under the provisions of Article
II hereof.
(d) "Site" or "Lot" shall mean and refer to any platted lot within the Property that may
be purchased by any person or owned by the Declarant or any 1/3 acre of unplatted property
owned by the Declarant within the Property.
.(e) "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Site that is a part of the Property, but excluding those having
such interest merely as security for the performance of an obligation.
(f) "Member" shall mean and refer to any Owner who by virtue of holding fee simple
title to any Site is a Member of the Association. Membership
classes of voting Members:may not be
separated from ownership of a Lot. The Association has two
a. Class A. Class A Members are all Owners, other than Declarant. Class A
Members have one vote per Lot. When more than one person is an Owner, each is a
Class A Member,but only one vote may be cast for a Lot.
b. Class B. The Class B Member is Declarant and has 5 votes for each Lot
owned. The Class B membership ceases and converts to Class A membership on the
earlier of:
i. the date on which the Class A Members' votes exceed the total of
Class B Member's votes; or
ii. such earlier date as may be determined by Declarant in accordance
with Section 8 of Article XI hereof.
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(g) "Architectural Control Committee" shall mean the committee appointed pursuant
to Section 1 of Article VI hereof.
(h) "Board" shall mean the Board of Directors of the Association.
(i) "Declarant" shall mean Lawco Resources, LLC, its successors and assigns.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
SECTION 1: Existing Property The real property that is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in the City of College Station,
County of Brazos, State of Texas, and is more particularly described on Exhibit "A", all of
which property shall be referred to as
eandrthe unpor the latted tt d portion s may"be subsequently platted
of both platted and unplatted propertiesP
by Declarant, as it deems appropriate.
SECTION 2. Additions to Existing Property. Additional lands of the Declarant may
become subject to the Declaration and the Covenants and Restrictions contained herein in the
following manner: The Declarant shall have the right but not the obligation to bring within the
plan of this Declaration additional properties, regardless of whether or not said properties are
presently owned by the Declarant, in future stages of the development, provided that such
additions are in accord with the general plan of development (the "General Plan"), which has
been prepared prior to the date of this Declaration and the Covenants and Restrictions and prior
to the sale of any Site and is maintained in the office of the Declarant, and provided such
proposed additions, if made, will become subject to assessments of the Association for their
share of expenses, as each Site is sold to an Owner other than Declarant. UNDER NO
CIRCUMSTANCES shall these Covenants and Restrictions or any supplement to the General
Plan bind the Declarant to make the proposed additions or to adhere to the General Plan in any
subsequent development of land shown on the General Plan. Nor shall the Declarant be
precluded from conveying lands in the General Plan not subject to these Covenants and
Restrictions or any supplement free and clear of these Covenants and Restrictions or any
supplement.
(a) The additions authorized shall be made by filing of record a Supplemental
Declaration of Covenants and Restrictions with respect to the additional property that shall
extend the plan of the Covenants and Restrictions of this Declaration to the additional property,
and the Owners, including the Owner of Sites in those additions, shall immediately be entitled to
all rights and privileges provided in this Declaration.
(b) The Supplemental Declaration may contain those complimentary additions and
modifications of the Covenants and Restrictions contained in this Declaration necessary to reflect
the different character, if any, of the added properties as are not inconsistent with the Plan of this
Declaration. In no event, however, shall such supplement revoke, modify and add to the
covenants established by this Declaration within the Property.
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SECTION 3. Additions Limited to Declarant. No one other than the Declarant shall
have the right to subject additional lands to this Declaration of Covenants and Restrictions,
unless the Declarant shall indicate in writing to the Association that such additional lands may be
included.
SECTION 4. Consent of Lessee. By its execution of this Declaration, the Lessee hereby
consents to the dedication of the Property as set forth herein and to the terms and provisions of
this Declaration and agrees to be bound by the terms hereof.
ARTICLE III
THE ASSOCIATION
Each Owner who owns any Site, including a builder or contractor, shall be a member of
the Association (hereinafter referred to as "Member"), and shall abide by its Articles of
Incorporation and By-Laws. Membership shall be appurtenant to and may not be separated from
ownership of any Site. The Association shall be governed by its Articles of Incorporation and
By-Laws.
ARTICLE IV
YARD MAINTENANCE FUND
The Association may create a fund to be used for maintenance of the private yards of
each homeowner in the subdivision. Each Owner may elect to participate and receive
maintenance services by signing a contract with the Association. The Association shall
promulgate a contract form to provide such services that shall specify what services are to be
provided and the price for same. Participation shall be made strictly optional to the Owners.
Payment for services shall be made in advance.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1. Lien and Personal Obligation of Assessments. Declarant, for each Lot
owned by it in the Subdivision, and Owner,
herebye Lot owned deemedto coveny Owner, hereby covenants, and
an by acceptance of a deed to
each Owner of a Lot in the Subdivision
such Lot (whether or not it shall be so expressed in such deed), to pay to the Association, (a) on
the first sale of each Lot, but not on any subsequent sale, a fee ("initial fee") of two hundred
dollars ($200.00) at the time the Lot deed is accepted at closing; and (b) special assessments for
capital improvements. Such assessments shall be established and collected in the manner
hereinafter provided. The initial fee, regular annual assessments, and special assessments for
capital improvements, together with interest, costs and reasonable attorneys' fees thereon, shall
be a charge upon the land and a continuing lien on each Lot against which such assessment is
made. Said fee, assessment and lien shall continue in full force irrespective of whether the Lot
has been transferred and conveyed to another person and/or entity. Each such assessment,
together with interest, costs and reasonable attorneys' fees thereon, shall also be the personal
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obligation of the person or persons who owned the Lot at the time the assessment fell due.
Declarant shall be exempt from payment of the initial fee.
SECTION 2. Purpose of Regular Annual Assessments. The initial fees and regular
annual assessments levied by the Association shall be used to comply with the ordinances, rules
and regulations of the City of College Station relative to the maintenance, repair and keeping of
the Common Area and/or private roads, private access easements and streets, sidewalks,
retention or detention ponds, and drainage areas, to promote the health, safety, and welfare of the
Subdivision, and to pay for the costs for such improvement, repair and maintenance of the
Common Area and/or private roads, private streets and accessments, sidewalks, retention or
detention ponds and drainage areas, which cost shall include, but not limited to the following:
a. Water, sewer, garbage, electrical, and other utility services for the Common Area
if deemed necessary by the Association;
b. Expense of development of Common Area including concrete walks, stepping
stones, plantings, trees, beds, improvements, benches, picnic tables, gazebo, common structures
or group mailboxes (including mailboxes), statues, and underground water sprinkler systems.
c. Acquisition of equipment for the maintenance, repair and improvement of the
Common Area as may be determined by the Association;
d. Maintenance and repair of the drainage area, retention pond and/or drainage
facility in the Common Area;
e. Fire and extended coverage insurance upon the insurable improvements, if any, in
or on the Common Area; and
f. Liability insurance insuring the Association and its Members against any and all
liability to the public, or to any Owner or Member of his family, or to any tenant, invitee or
guest of an Owner, and/or insuring the Association and its members against any liability arising
out of their occupancy and/or use and/or maintenance of the Common Area; the policy limits
shall be set by the Association and shall be reviewed at least annually and increased (or
decreased) as determined by the Association.
SECTION 3. Power to Fix Regular Annual Assessments. The power and authority to fix
and levy the regular annual assessments shall rest exclusively with the Board of Directors of the
Association, and when the same are determined and fixed by the Board of Directors, as herein
provided, same shall be final, conclusive and binding upon each Owner, his heirs, successors and
assigns, including contract purchasers. When the City of College Station requires that certain
capital improvements be constructed, reconstructed, repaired or replaced, the Board of Directors
shall have the power and authority to fix and levy the same exclusively and such assessment
shall be conclusive and binding on each Lot and Owner, his heirs, successors and assigns.
SECTION 4. Special Assessments for Capital Improvements. In addition to the regular
annual assessments authorized and provided for above, the Association may fix and levy, in any
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assessment year, a special assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of construction, reconstruction, repair or replacement of a
capital improvement upon the Common Area, including fixtures and personal property related
thereto. Any such special assessment exceeding FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00) in cost before becoming effective and a binding obligation of the Owners, must be
approved by a two-thirds (2/3rds) vote of Class A Members who are voting, either in person or
by proxy, at a meeting duly called for this purpose. Only Class A members may approve such
capital improvements. Provided, however, any capital improvement required by the City of
College Station to be constructed, reconstructed, repaired or replaced, in the Common Area, such
special assessment shall not require the vote of the membership but the Board of Directors shall
have the power and authority to fix and levy the same exclusively and such assessment shall be
conclusive and binding on the Lot and Owners, their heirs, successors and assigns.
SECTION 5. Notice and Quorum for Action Under Article V, Section 4. Written notice
of the purpose of taking any action authorized under Section 4 of this Article shall be sent to all
Members not less than ten (10) nor more than fifty (50) days in advance of such meeting. Such
notice must state that the purpose (or one of the purposes) of the meeting is to vote upon a
special assessment, specifying the purpose of the proposed special assessment. At the first such
meeting called, the presence of Members, either in person or by proxy, entitled to cast fifty
percent (50%) or more of all the votes of the Members shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject to the same notice requirements;
and the required quorum at such second meeting shall be twenty-five percent (25%) or more of
all the votes of the Members. At the second reconvened meeting, a majority of the Board is a
quorum. Written notice of the place, date, and hour of each reconvened meeting must be given
to each Member not more than 30 nor less than 10 days before the reconvened meeting.
SECTION 6. Uniform Rate of Assessment. Regular annual assessments and special
assessments for capital improvements (but not the additional Lot assessments provided
for later herein) must be taxed at a uniform rate for all Lots in the Subdivision, except as
otherwise expressly provided below in this Article.
SECTION 7. Collection of Regular Annual and Special Assessments. The regular
annual assessment shall be collected by the Association on a monthly or quarter-annual basis, as
determined by the Board of Directors from time to time. Special assessments for capital
improvements shall be collected on approving the establishment and levy of such special
assessments.
SECTION 8. Establishment and Notice of Regular Annual Assessment. At the
organizational meeting of the initial Board of Directors of the Association, the regular annual
assessment for the first calendar year shall be fixed and established by the Board Of Directors,
and written notice thereof(including the basis upon which such regular annual assessment is to
be collected) shall be forthwith given to each Owner subject thereto. The first such regular
annual assessment shall be adjusted according to the number of full calendar months remaining
in the calendar year of the first annual assessment period. Thereafter, not less than (30) days
prior to the commencement of each calendar-year assessment period, the Board of Directors of
the Association shall fix and establish the regular annual assessment for such ensuing assessment
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year and shall give written notice thereof(including the basis upon which such regular annual
assessment is to be collected) to every Owner subject to such regular annual assessment. Upon
a person or entity becoming the Owner of a Lot in the Subdivision(and upon notification of such
fact given to the Board of Directors of the Association), it shall be the duty of the Board of
Directors to notify such new Owner of the regular annual assessment charged upon his Lot (in
the same manner as notice is given to those Owners owning Lots as of the commencement of any
annual assessment period). The failure of the Board of Directors to fix an annual assessment for
any year or to give written notice to any Owner, as herein required, shall not in any manner
exempt or relieve such Owner from his obligation to pay the regular annual assessment on his
Lot or Lots, but such Owner shall not be in default for failure to pay his regular annual
assessment (on the due date or dates thereof) until notice of such regular annual assessment is
given to such Owner in the manner herein provided. In any year when the Board of Directors
shall fail to fix an annual assessment prior to the start of a calendar year the regular annual
assessment shall remain the same as for the previous year until such time as such regular annual
assessment is changed for such calendar year effective on the date of such change for the balance
of the calendar year. Each Owner (including Declarant) covenants and agrees to give written
notice to the Board of Directors of the Association upon the sale or transfer by such Owner of his
Lot, including the name and mailing address of the Lot purchaser(s) and the date upon which the
sale or transfer was effectuated.
SECTION 9. Limited Exemption from Regular Annual Assessments. Notwithstanding
anything herein to the contrary, Declarant and any professional home builder who purchases a
Lot for the purpose of building a spec home shall not be liable for or obligated to pay regular
annual assessments on any Lot until a residence has been completed thereon. All other Owners
of an unimproved Lot shall pay an annual assessment on each unimproved Lot owned by such
owner equal to twenty-five (25%) of the regular annual assessment that would otherwise be
assessed against each such Lot if a residence were constructed on such Lot, commencing on the
date that the regular annual assessments first became effective following the organizational
meeting of the initial Board of Directors of the Association. The lower Lot assessment set out in
the immediately preceding sentence shall be effective only a residence has been completed on
such Lot. Once the house is completely constructed and sold, the new owner of the lot and
home pays the full next assessment. Assessments shall be prorated for any portion of a year the
particular lot is owned.
SECTION 10. Date of Commencement of Regular Annual Assessments. The regular
annual assessments provided for above in this Article shall commence as to each Lot on the first
(1st) day of the calendar month next following date that the first regular annual assessment is set
by the Association under the provisions of Article V, Section 8 above. Example: If the annual
meeting date is on or before December 20th, then the annual dues are due on or before January
1st of the next calendar year.
SECTION 11. Certification of payment of Assessments. The Association shall, upon
demand, furnish a certificate signed by an Officer of the Association setting forth whether the
assessments on any specified Lot have been paid. A properly executed certificate as to the status
of assessments on a particular Lot shall be conclusive and binding upon the Association as of the
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date thereof as to any and all persons or entities relying thereon (other than the Owner of such
Lot). The Association may charge$25.00 for the issuance of such certificates.
SECTION 12. Lien for Assessments; Remedies of Association. Any assessment
(whether regular annual, special, or additional Lot assessment) not paid within ten (10) days of
the due date shall bear interest from the due date until paid at the lesser of eighteen per cent
(18%) per annum or the highest rate permitted by applicable law (subject to the provisions herein
that limit the interest contracted for, charged, or received to the maximum amount permitted by
applicable law). In addition, any Owner whose assessment is more than ten (10) days past due
shall owe a late penalty of Ten Dollars ($10.00) per month to the Association in addition to the
interest thereon due hereunder. To secure the prompt payment of the aforementioned
assessments, a lien is hereby created and granted for the benefit of the Association upon each
Lot, and all improvements, additions, fixtures, and appurtenances now situated or hereinafter
placed thereon. The Association or its agents may bring an action at law for a judgment against
the Owner personally obligated to pay the same without foreclosing or waiving the lien securing
the assessments owing by the defaulting Owner or foreclose the lien against the Lot for which an
assessment is due and may enforce such lien by all methods available for enforcement of liens,
including non-judicial foreclosure by the power of sale hereinafter granted for the benefit of the
Association. No Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area or abandonment of his/her Lot. If the Owner defaults on
any assessment due hereunder, the Association may collect, in addition to the assessment, all
costs and expenses incurred in collecting said assessment, including but not limited to,
reasonable attorneys' fees and the cost of recording the notice of assessment required hereunder.
The lien created herein to secure assessments shall also secure all interest accruing thereon, and
all late charges and costs and expenses of collecting the assessment, including but not limited to
reasonable attorneys' fees and costs of recording any notice of assessment as provided herein.
SECTION 13. Subordination of Assessment Lien to Mortgages. The assessment lien
herein provided should be superior to all other liens and charges except only the following:
a. tax and special assessment liens in favor of the State of Texas, County of Brazos,
City of College Station, and/or College Station Independent School District;
b. all sums unpaid on any First Mortgage of record, including all indebtedness due
thereunder including but not limited to reasonable attorney's fees and costs incurred in collection
of the debt if secured by said First Deed of Trust or Mortgage, but excluding indebtedness
secured thereby solely by inclusion in the documents creating such First Mortgage or First Deed
of Trust of any "other indebtedness" or"Mother Hubbard" clause securing debts unrelated to the
debt secured by the First Mortgage or First Deed of Trust and including additional advances
made thereon prior to the filing of notice of assessment lien thereon by the Association. A"First
Mortgage" and/or "First Deed of Trust" is defined for purposes hereof as a Deed of Trust or
other lien that has first and paramount authority under applicable law and that secures notes or
indebtedness given for payment of all or part of the purchase price of the Lot and/or the
construction or repairs or additions to the improvements on the Lot or ad valorem taxes assessed
and due on the Lot, and includes any replacement, renewal, modification or extension of such
instriments.
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the
A sale or transfer of a Lot shall not affect the assessment ien thereon. on llieu,thersaf shall
of a
Lot pursuant to the foreclosure of a First Mortgage or any proceeding
extinguish the assessment lien as to unpaid charges thatsuch Lot fromol ability for any
sale or
transfer in lieu thereof. No such sale or transfer shall relieve
assessments thereafter becoming due and payable or from the lien thereof.
ation,
The holder of any First Mortgage shall be entitled,up writtenn such holder's mortgagor grantor
to written notification from the Association of any default by
under a Deed of Trust or Trust Deed) in any obligation from the date der upon which uthis Decration or the Bchldefault
the Association that is not cured within sixty (60) days
occurred. The Association shall have the power to subordinate the assessment lien to any other
lien, such power being entirely within the discretion of the Association.
SECTION 14. Books and Records. Proper books and records shall
Owner shall aty tall
Association with respect to all assessments made by the Association, and each
reasonable times have access to such books and records.
The
a books
tsand
thereof on each be Lot n the
kept in
such a manner as to separately identify the assessments and p payments
subdivision. No payment made on any individual aesm nt consent of ttheall be party tmakingransferres ch
or
credited to another account without the express written
payment.
SECTION 15. Exempt Property. The followingn
Ped herein:subject to this Declaration
shall be exempted from the assessments, charge and
lien a. All portions of the Property subject to any devoted to public use interest
except that the
dedicated and accepted by the local public authority andt from
existence of an easement or other such interest in any Lot l o o t eothermpte est t such wore nm the
full
assessment imposed on such Lot hereby as if such easement
ted
thereon;
b. All Common Area as defined in Article I hereof;
c. All portions of the Property exempted from taxation by the laws of the State of
Texas upon the terms and to the extent of such legal exemption.
SECTION 16 Management Agreements. Each Owner of a Lot hereby agrees to be
bound on the terms and conditions of all management agreements
s enthtered
into
b y the Association
relative to performing the duties,responsibilities and
n.
SECTION 17. Additional Pro nerty and Common Area. The Association shall use the
proceeds of the assessments for the use and benefit of all of
annexedthe Owners of thePe pertP avid d
as well
as all Owners of any additional properties that may
be he
however, that each future phase or section, so annexe ,ected tolbe the asstitled to the benefit of essment charges herein,ton
assessment fund and must be impressed with ands
9
0295,3 Ob 9 i I 1_;
an equitable basis, with the existing Property assessed herein
further closing.made subject to the
jurisdiction of the Association. Such charges will begin uponhomeowner
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
SECTION 1. Designation of Committee. The shallAssociation have an(5) memberscwlho shall
tectural
Control Committee, consisting of at least three(3) and not more than five
be natural persons. As long as Declarant shall own twenty andnt Res Re ) or more of the areas
strictions)ons) the Members of
designated on the General Plan (as defined in the Covenants
the Architectural Control Committee, and all vacancies, shall
these be
appointed
ed byeDeclarant.
o hen the
Declarant no longer owns twenty percent (20%) of both
oArchitectural Control Committee, and all vacancies, shall be appointed by the Board of
Directors.
SECTION 2. Function of Architectural Control Committee. No Improvement shall be
constructed or maintained upon any Site and no al eration �complete plans,r repainting specifications, and
the exterior of a
structure shall be made and no landscaping performed unless
he location
Site plans showing the exterior design, height, building material and color scheme, tthe
of the structure plotted horizontally and vertically,the location and size of driveways, general
plan of landscaping, fencing walls and windbreaks, and the grading plan shall have been
submitted to and approved in writing by the Architectural lith the Architectural
. A copy of the
plans, specification, and lot plans as finally approved shall be deposited in
wControl Committee. No trees, other than ornamental beeremovedr shes unlessat do not such removal eis xceed in
diameter at the base thereof eight inches (8"), shall
compliance with the Design Guidelines and rules established
the by eArchitectural Control
t employ professional
Committee. The Architectural Control Committee shallpower
consultants to assist it in discharging its duties. The decisions of the Architectural Control
Committee shall be final, conclusive, and binding upon the applicant.
SECTION 3. Content of Plans and Specifications. The plans and specifications to be
submitted and approved shall include the following:
(a) a topographical plot showing existing contour grades and showing the location of
all Improvements, structures, walks, driveways, fences and walls. Existing and finished grades
shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions
shall be indicated as well as cut and fill details if any applicable change in the lot contours is
contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors,textures and shapes.
(d) Structural design.
(e) Foundation plans.
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(f) Wall sections with ceiling heights.
(g) Landscaping plan, including mailboxes, walkways, fences and walls, elevation
changes, watering systems,vegetation and ground cover.
(h) Parking area and driveway plan (driveways may be constructed of concrete,
asphalt,paving stones, or bricks).
(i) Screening, including Site, location and method.
(j) Utility connections.
(k) Exterior illumination, including location and method.
(1) Fire protection system.
(m) Signs, including size, shape, color,location and materials.
SECTION 4. Definition of"Imarovement". "Immwalls,hall hedges, include
inall
fences
residences, buildings, roofed structures, parking areas, m changes in
poles, towers, antennae, driveways, swimming pools, tennis courts, signs, gazebos,
any exterior color or shape, glazing or reglazing of exterior windows with mirrored or reflective
glass, and any other new exterior construction or exterior
an ovement that of the foregoing.rially The definition
alters the
appearance of the property and that may not be included in Y
does not include garden shrub or tree replacements or any other replacement or repair of any
magnitude that does not materially change exterior colors or exterior appearances.
SECTION 5. The Basis of A IP-213-1. Approval of plans and specifications shall be
based on, among other things, adequacy of Site dimensions,
s, structural
res and esigns, ando mitt' and
harmony of external design and of location with neighboring
to both the specific and general intent of the protective certain architectural guidelines, whichme to tshalltbe
Architectural Control Committee shall establishand all fans and specifications must
approved by the Board (the "Architectural Guidelines"), P
comply with Architectural Guidelines then in force tthe
by a unan mous
Control Committee may approve exceptions tohe Ar hitectural Guidelines
vote. The current Architectural Guidelines shall be available at the office of the Association or
the office of the Declarant.
SECTION 6. Majority Vote. A majority vote of the Architectural Control Committee is
required for approval or disapproval of proposed Improvements.
SECTION 7. Failure of Committee to Act. If the Architectural Control Committee fails
to approve, disapprove, or reject as inadequate proposed shallbe deemed approved. If
withinshand
(30) days after proper written submittal, they
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I i ir:'r:W OR 9107 159
specifications are not sufficiently complete or are otherwise
indequate, the Architectural
p artiall or conditionally pP
Control Committee may reject them entirely,partially
SECTION 8. Limitation of Liabilit . Neither the Declarant,
bant, the
liable,din damages the
or
Architectural Control Committee nor any of its members
otherwise, to anyone submitting plans and specifications for rval or
too antoany
of land
affected by this Declaration by reason of mistake of judgment, negligence
isg
out of or in connection with the approval or disapproval or failure to approve or disapprove any
plans and specifications.
SECTION 9. Reasonable Fee. The Architectural
l Chat rol Owner'ittee may charge any
s proposed plans and
Owner a reasonable fee for its services in reviewing
specifications.
ARTICLE VII
MAINTENANCE
ea
SECTION 1. Duty of Maintenance. The Association and oall maintain ccupants (including lesseese Common ) of
as well as street light-poles within the Property. Owners at
any part of the Property shall jointly and severally have the dedutoy r o d respdniibility, a buildings
sole
,
cost and expense, to keep that part of the Property so 0
Improvements and grounds in a well-maintained, safe, clean and attractive condition at all times.
Maintenance includes,but is not limited to, the following:
(a) Prompt removal of all litter,trash,refuse, and waste.
(b) Lawn mowing.
(c) Tree and shrub pruning.
(d) Watering.
(e) Keeping exterior lighting and mechanical facilities in working order.
(f) Keeping lawn and garden areas alive, free of weeds, and attractive.
(g) Keeping parking areas, driveways, and roads in good repair.
(h) Complying with all governmental health and police requirements.
(i) Repainting of improvements.
(j) Repair of exterior damages to improvements; and
(k) Repair of all damage to fences.
12
01,02950E +3R 9107 160
SECTION 2. Enforcement. If, in the opinion of the Association any Owner or occupant
has failed in any of the foregoing duties or responsibilities, then the Association may provide
written notice of that failure, giving the Owner or occupant thirty (30) days from receipt to
perform the care and maintenance required. Should any person fail to fulfill this duty and
responsibility within the thirty-day period, then the Association, through its authorized agent or
agents, shall have the right and power to enter onto the premises and perform needed care and
maintenance without any liability for damages for wrongful entrytrespass e Property otherwise
w on which
any
person. The Owners and occupants (including lessees) of any p
work is performed shall jointly and severally be liable for the cost of the work and shall promptly
reimburse the Association for all costs. If the Association has not been reimbursed within thirty
(30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants
jointly and severally, and shall constitute a lien against that portion of the Property on which
work was performed. This lien shall have the same attributes as the lien for assessments and
special assessments set forth in Article V, and the Association shall have identical powers and
rights in all respects, including but not limited to the right of foreclosure.
ARTICLE VIII
COMMON SCHEME RESTRICTIONS
d Common
The following restrictions are imposed
common and may be enforcedscheme upon all sbyanany Owner
Area, for the benefit of each other Site and Common Area,
or the Association through any remedy available at law or in equity.
1. No home constructed within the Property shall contain exterior wall surfaces made
primarily of synthetic materials. Preferable exterior wall surfaces include brick, rock, dryvit,
wood, stucco, or hardiplank materials.
2. Each home constructed within the Property shall contain a minimum roof pitch of
8/12.
3. Each home constructed within the Property shall contain a minimum of finished,
heated/cooled living area, exclusive of porches,
four hunios, dred (2,400) square feet.
arages, breezeways, exterior stairways,
storage areas, and outbuildings, of two thousand
4. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be
deposited on any street, road, or Common Area, nor on any Site unless placed in a container
suitable for garbage pickup.
5. No building material of any kind or character shall be placed upon any Site except in
connection with construction approved by the Architectural Control Committee. Construction
shall be promptly commenced and diligently prosecuted.
6. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so
located as to be visible from a street, road, or Common Area.
13
f.:fin295Pi P3
7. Any exterior lighting installed on any Site shall either be indirect or of such controlled
focus as intensity and not to disturb the residents or the adjacent property.
8. No animals or poultry shall be kept on any Site or Common Area, except a reasonable
number of ordinary domesticated household pets belongingto
than one household.
kenNo coocl prncy
rcial
breeding of any animal is allowed within the Property. No
by no more than three dogs may be allowed on any one Site in the Property.
9. No signs, plaques or communication of any description shall be placed on the exterior
of any Site or Common Area, by an Owner unless such signs are in compliance with rules and
Design Guidelines established by the Architectural Control Committee.
lowed in the Property nor
10. No nuisances or noxious or offensivea ce of annoyance orehavior shall be ln lance to any Owner or
shall any use or practice be allowed that is sour
that interferes with any Owner's right of quiet enjoyment.
11. No immoral, improper, offensive or unlawful use shall be made of the Property or
any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental bodies
having jurisdiction shall be observed.
12. No transient may be accommodated therein.
13. No garage, carport, driveway or parking area that may be in front of, adjacent to or
part of any Site developed for single family residenceovehicles" shall include alises may be used as a habitual t rucks
parking place for commercial vehicles. The term "commercial
and all automobiles, station wagons, and vehicular equipment
g or shall t enlbear signs or have
printed on the side of same, reference to any commercial
14. No temporary buildings, quonset huts, trailers, tents, shacks, or privies shall be
constructed, erected or parked upon any Site. It is understood occupied for liv�ngrd `trailer"purposes hand this
all refer
to a house or camping trailer that could be temporarily p
restriction shall refer also to truck-mounted campers and travel buses, unless such trailer, erected
camper, truck-mounted camper or travel bus is enclosed in a garage. Temporary buildings,
improvements or structures used during the construction of an improvement shall be on the same
Site as the Improvement, and such shall be removed upon completion of construction of the
Improvement.
15. No junk vehicle, commercial vehicle, trailer, truck, camper, camp truck, house
trailer, boat or other machinery or equipment (except Improvements lcated upon the Property and
e reasonable and customary in
connection with the use and maintenance of any
except for such equipment and/or machinery as the Association may require in connection with
the maintenance and operation of the Common Area) shall be kept upon the Property, nor
(except for bona fide emergencies) shall the repair or extraordinary maintenance of automobiles
or other vehicles be performed. This restriction h apply es, trail
er, boats,
machinery, equipment or the like stored and kpshall
n not
storageroom or garage.
14
Doc Bk Vol Pg
01029501 OR 9107 162
The Association may, in the discretion of its Board of Directors, provide and maintain a suitable
area designated for the parking of such vehicles.
16. The Improvements built on any Site shall comply with the setback restrictions
imposed upon the Site on either a recorded plat in the Offie Setback theCount
ty Clestriionsare k of f B Brazos
County, Texas, or in the deed to each purchaser of a Si
te. ants
running with the land.
d
17. Access easements for installation and maintenance on thelside orties anrearrainage of each
reserved in rights of way of drives, roads, and paths,
shown on the recorded plat.
18. An Owner hereby grants a right of access to his Site to the Association, any
managing agent of the Association, and/or any other personfor authorized
obe the
of correcBoarting or the
managing agent for the purpose of making inspectionsPuee
conditions originating in his Site and threatening another Site
or
any
Cof th Sonte over ra, orwhfor sahe
purpose of performing installations, alterations, or repairstothepamust be
persons have control and/or responsibility for maintenance. nient tosthe Owner.for such cln case of an
made in advance and entry must be at a time reasonably conv
emergency,this right of entry shall be immediate whether the Owner is present or not.
19. All fences must be approved by the Architectural Control Committee.
20. No burning of refuse or leaves will be permitted.
21. No firearms shall be discharged within the Property.
22. No hunting shall be allowed within the Property.
be
f a dark or
23. Satellite dishes may not exceed eighteen interferencehes with satellite in size signal,oall satellite
muted color. To the extent possible without illegal
dishes shall be installed on the rear portions of homesri the subject home faces.screen,r lots so as to n the event a
the extent
possible, any said satellite dish from the street toth
satellite dish may not be placed in such locations without
material
Committeeinterference
t paint screen
, the
Owner of such Site shall work with the Architectural
the satellite dish to minimize the view of the satellite dish from the street serving the Site to the
extent possible without interfering with signal.
24. Substantial and continuous developmentithin the twoand ction of a single family
(2) year period following
residence shall commence by the Owner of each S
transfer of ownership of the Site from Declarant to such O
er. In the event such construction De Declarant shall have the option to
and development has not commenced within such time frame,
reacquire the Site from the then Owner of such Site
for
the
Sit hereby expressly agreenal purchase price s and
d to
Declarant for such Site. Each Owner of an undeveloped
acknowledges and hereby grants to Declarant such option as set forth herein.
15
Doc Bk Vol Pg
01029501 OR 9107 163
It is hereby further expressly acknowledged and agreed that in the event an Owner shall
elect to purchase two (2) Sites, contiguous to one another, for the development of a single
residence thereon in order to provide a less dense overall home-site, the two (2) year requirement
to commence construction as set forth in this Paragraph 26 shall be applicable only to the Site
upon which the home shall be located, but not the contiguous to be maintained by the same
Owner without a home thereon.
ARTICLE IX
COMMON AREA
SECTION 1. Easements of Enjoyment. Subject to the provisions of Section 3 of this
Article IX, every Member of the Association shall have the right and easement of enjoyment in
and to the Common Area.
SECTION 2. Title to Common Area. Declarant and/or Lessee shall convey ownership of
the Common Area to the Association by deed or sublease within five (5) years after their
designation as Common Area, on a recorded plat filed in the office of the County Clerk of
Brazos County, Texas, and the Association shall be responsible for the operation and
maintenance of such Common Area.
SECTION 3. Extent of Easements. The rights and easements of enjoyment created shall
be subject to the following:
(a) The right of the Association to prescribe rules and regulations for the use,
enjoyment, and maintenance of the Common Area;
(b) The right of the Association to borrow money for the purpose of improving all or
any part of the Common Area, and to mortgage all or any part of the Common Area;
(c) The right of the Association to take reasonably necessary steps to protect all or
any part of the Common Area against foreclosure; and
(d) The right of the Association to suspend the easements of enjoyment of any
Member of the Association during the time any assessment levied under Articles V or VII
remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its
published rules and regulations.
ARTICLE X
PRIVATE ROADWAYS
All roadways within the Property are private access easements for vehicular traffic only
and for the use of the Owners of Sites in the Property, their guests and invitees. An easement is
also hereby granted to the public for access to the Sites in the case of an emergency created by
fire, public safety, or other occurrence necessitating access to a Site by any public utility, fire
department, police department or other public agency. Additionally, Declarant hereby grants to
the public utilities the right to use these areas for utility easements provided such public
16
=k Vol. Ps
X10 9501 OR 9107 I64
improvements are maintained by said public utilities. The thereonciation includi g but not limited to
in such
private access easements including all private improvements
irrigation, and street lights.
ARTICLE XI
GENERAL PROVISIONS
SECTION 1. Duration. The Covenants and Restrictions of this Declaration shall run
with and bind the land, shall inure to the benefit of and be enforceable by the Association, or the
Owner of any land subject to this Declaration,
their respective legal representatives, heirs,
successors, and assigns, for a term of forty (40) years from the date this Declaration is recorded,
after which time this Declaration and the Covenants and Restrictions contained herein shall be
automatically extended for successive periods of ten (10) years unless an instrument terminating
this Declaration and/or the Covenants and Restrictions contained herein signed by the then
Owners of sixty-five percent (65%) of the Sites has been recorded prior to the commencement of
any 10 year period.
SECTION 2. Amendments. This Declaration and the Covenants from the date the
ctions
contained herein may be amended during the first twenty (20) years
Declaration, by an instrument signed by the Owners of not less than seventy-five percent (75%)
of the Sites and thereafter by an instrument usbed by
properly recorded.OwnOwners
of not less than seventy
percent (70%) of the Sites. Any amendmentp p
SECTION 3. Notices. Any notice required
have been properly sent to be sent to any Member orwhen mai ed,
r under
the provisions of this Declaration shall be deem
postpaid, to the last known address of the person who appears as Member or Owner on the
records of the Association at the time of mailing. Each purchaser of a Site shall forward a copy
of his recorded warranty deed to the Association or its officers.
SECTION 4. Enforcement. Enforcement of this Declaration and the Covenants and
Restrictions contained herein shall be by any proceeding at law or in equity against any person or
persons violating or attempting to violate any covenant or restriction contained in this
Declaration or any other provision contained herein, either to restrain violation or to recover
damages, and against the land to enforce any lien created by this Declaration and the Covenants
and Restrictions contained herein. Failure by the Association or any Owner to enforce any
Covenant or Restriction shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 5. Severability. Invalidation of any one of this Declaration and the Covenants
and Restrictions contained herein by judgment or court order shall in no way affect any other
provisions that shall remain in full force and effect.
SECTION 6. Attorneys Fees. In any legal equitable proceeding for the enforcement or
to restrain the violation of this instrument or any provision thereof, by reference or otherwise, the
prevailing party or parties shall be entitled to attorney fees in such amount as the court finds
reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not
exclusive.
17
or- 241 Vol F'
}_,1,_12'7 501 OR 9107 16
consent
SECTION 7. Dissolution. The Association may bwith
defined i tithe By-
ven in
writing and signed by not less than three-fourths of each class of members as
or
Laws of the Association. Upon dissolution of
Association
conveyed and grantedcand assigned toident to a eany
consolidation, the assets of the Association shall be
nonprofit corporation, association trust, or other organization to be devoted to same or similar
purposes.
SECTION 8. Amendments eclarant. The Declarants all have and r t rf anyeOwners the or
t
instrument during the construction and sale period, without
entjoinder
in writing duly signed, acknowledged,
Mortgagee, to amend this Declaration by any ambiguity or conflicts herein or correcting
and filed for record, for the purpose of clarifying any gu Y
any inadvertent misstatements, errors or omissions herein, alt National Mortgage Corporation,
comply with the requirements of
the Federal Home Loan Mortgage Corporation, Fede
Veteran's or Federal Housing Administration, provided that no such Section 2 above.amendment shall change
property rights of any Owner except as provided in Article
XI,[Remainder of Page Intentionally Blank; Signatures on Following Page]
18
DDC Vol Ps
01029501 OR 9107 166
DECLARANT:
Lawco Resources, LLC, an Arkansas limited
,,,_4e
liability compan
By.
elfes R. Lawson, anager
ACKNOWLEDGMENT
State of Arkansas §
County of Benton §
This instrument was acknowledged before me on May 21, 2009, by James R. Lawson, as
Manager of Lawco Resources, LLC.
LYNETTE DAVIS m�;�f!Q, ZbViAb
Notary Public-Arkansas 0
Benton County Notar, Public, State of IR
My Commission 3 Expires
04/16/1
19
t
Doc Bk Vol f
01029501 OR 9107 167
LESSEE:
Breckenridge Group Kyleview, LP, a Texas limited
partnership
By: York Breckenridge GP,LLC, its General
Partner
By:
Name: _.[• ,. .�llj
Title: ,g A .IrL_* IL 60'
ACKNOWLEDGMENT
State of "�Q,X a s. §
County of rav i S §
This instrument was acknowledged before me on 21&r Marllat�by 6r-CA l eH,r11 ,
as filmset.% MWYork Breckenridge GP,LLC, the General Partner of Breckenridge Group
Kyleview, L .
, .1\7 liA,...„4 0-0-itira-00--
,1`1Y;.!4•., ENNY MAYELA ALVARADO otary Publi , State of Q, S
=coq �,�- Notary Public,State of Texas
My Commission Expires
'y; nF 4...4"', March Ot,2011
20
AMENDMENT TO AGREEMENT
WHEREAS,Breckenridge Group Kyleview,LP,the assignee of Kyleview Estates,LP, and
Lawco Resources,LLC(collectively"Kyleview") are developing all that certain 45.20 acre tract
or parcel of land lying and being situated in the Robert Stevenson League,A-54,John Childress
Survey,A-92,and the Andrew McMahan Survey,A-167,Brazos County,Texas.Said 45.20 acre
tract being all or a portion of the following described tracts:
1)All of a called 15.2522 acre tract conveyed from TRAVIS B.BRYAN,,JR.to
WILLIAM D.FITCH,dated August 13, 1981,and recorded in Volume 495,Page 4 of the
Deed Records of Brazos County,Texas;
2)A portion of a called 16.2545 acre tract conveyed from Veteran's Land Board of the
State of Texas to William D.Fitch,dated July 30, 1981 and recorded in Volume 489,
Page 653 of the Deed Records of Brazos County,Texas;
3)A portion of a called 15.0 acre tract conveyed from Tipco Construction Company to
William D.Fitch,dated July 27, 1973 and recorded in Volume 319,Page 559 of the Deed
Records of Brazos County,Texas(collectively,the"Kyleview Property").
WHEREAS,Carolyn F. Palasota f/k/a Carolyn F.Tippitt("Palasota")is the owner of Lot Three
(3), Shiloh Subdivision,Brazos County,Texas,according to plat thereof recorded in Volume
289,Page 219 of the Deed Records of Brazos County, and as described by a deed to CAROLYN
F.TIPPITT recorded in Volume 1022,Page 608 of the Official Records of Brazos County,Texas
("Palasota Property"); and
WHEREAS,Kyleview has entered into a Development Agreement with the City of College
Station,Texas to provide sanitary sewer service in the vicinity of the Kyleview and Palasota
properties; and
WHEREAS,Kyleview and Palasota entered into an Agreement on May 16,2008 for the
provision of certain sanitary sewer and drainage easements for the benefit of Kyleview and for
the provision of a sanitary sewer line for the benefit of Palasota; and
WHEREAS,Palasota desires to amend that Agreement;and
WHEREAS,Kyleview and Palasota have agreed that Kyleview will pay$6,000.00 as a one-time
and final payment to Palasota in lieu of making the drainage improvements on the Palasota
Property as set forth in the Agreement dated May 16,2008 .
THEREFORE,the Parties have agreed as follows in exchange for the consideration set forth
herein:
Pa e1
Z:`Clients\Brazos Trace(KylcVicw Estatcs,LP)20051Easements\Amendment to Agrcement.wpd g
1. Kyleview agrees to pay Palasota the sum of$6,000.00 at the time of the signing of this
Agreement.
2. Palasota agrees to release Kyleview from constructing the drainage improvements on the
Palasota Property that are reflected on Exhibit E to the original Agreement signed on May
16, 2008. These improvements include the headwall,rock rip rap,and rock/gravel
crossing.
3. Kyleview agrees to provide and construct,for Palasota,a sanitary sewer service line to
Palasota's existing connections at Palasota's residence at the Palasota Property. These
improvements are shown on Exhibit E to the original Agreement signed on May 16,
2008. Kyleview will pay the City of College Station's tap fees associated with these
connections.
4. Palasota hereby fully and finally RELEASES,ACQUITS,AND FOREVER
DISCHARGES Kyleview and any of Kyleview's representatives,and Palasota further
covenants not to assert in any manner against any of such persons or entities released
hereby,any and all actual or potential claims held by Palasota against Kyleview,and/or
any suits,demands,causes of action,charges or grievances of any kind or character
whatsoever,heretofore or hereafter accruing for or because of any matter done,omitted or
suffered to be done by any such party hereto prior to and including the date hereof;and in
any manner(whether directly or indirectly)arising from or related to the drainage
improvements made or not made under the Agreement.
5. This Agreement shall be binding on the parties,their successors,heirs and assigns. The
Agreement shall be construed in accordance with Texas law,and is performable in
Brazos County,Texas.
6. This Agreement constitutes the entire and complete agreement between the parties hereto
and supersedes any prior oral or written agreements between the parties with respect to
the Agreement. It is expressly agreed that there are no verbal understandings or
agreements which in any way change the terms,covenants,and conditions herein set
forth,and that no modification of this Agreement and no waiver of any of its terms and
conditions shall be effective unless made in writing and duly executed by the parties
hereto.
7. All covenants,agreements,warranties,and provisions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, executors,
administrators,personal representatives,successors and permitted assigns.
8. Should either the Buyer or the Seller employ an attorney or attorneys to enforce any of the
terms and conditions hereof,or to protect any right,title or interest created or evidenced
hereby,or to recover damages for the breach of the terms and conditions hereof,the non-
Z:\Clicnts\Brazos Trace(KyleView Estates,LP)2005\Eascmmts\Amendment to Agrcenent.wpd
Page 2
•
prevailing party in any action pursued in a court of competent jurisdiction shall pay to the
prevailing party all reasonable costs,damages,and expenses, including attorneys'fees,
expended or incurred by the prevailing party.
9. This Agreement is not to be construed more or less favorably between the Parties by
reason of authorship or origin of language.
10. As used in this Agreement,the word"including"shall be non-exclusive and shall be
interpreted in all cases to mean"including without limitation".
Executed May 427 2009.
F
1 . Palasota f/k/a Carolyn F.Tippi>'E
Caro PP
Breckenridge Gro.! yleview,LP
By York Breckenridg4ILLC,its General Partner
By Greg Henry,Managrni Member
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME,the undersigned authority,on this day personally appeared Carolyn F.
Palasota f/k/a Carolyn F. Tippitt,known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that she executed the same for the purposes and
considerations therein expressed,in the capacity therein stated.
Given under my hand and seal of office on ' " 1, 1/ d� 9
6002'Pt auk'AN t�,, ,a,` /Lr, 'CX..}
/ e /
sato MIS.31 Qfl1 N -42.. n Z / 1 / / 't�J
30114 1 YNNOa %:..+y /
N Public, State of Tex,r
Z:4Clicnts\Brazos Tracc(KylcVicw Estatcs,LP)20051Easem ,ts\Amendment to Agreementwpd Page 3
•
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME,the undersigned authority,on this day personally appeared Greg Henry,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
Given under my hand and seal of office on in ay Z 741 Z p o4
ENNY MAYELA ALVARADO • (� Casa,
Notary Public,State of Texas
My Commission Expires otary Pu lic, Stat of Texas
X%f,i;Z, March 01,2011
Z:YClicnts\Brazos Trace(KyleVicw Estates,LP)2005\Easements\Amendmait to Agrecment.wpd Page 4