HomeMy WebLinkAboutWater System ReportWater System Report
for
Castlegate II Subdivision, Section 202
College Station, Texas
April 2012
Prepared B-
Phillips Engineering
4490 Castlegate Drive
College Station, Texas 77845
(979)690-3141
TPBE FIRM #13130
Castlegate II Subdivision, Section 202
Water System Report
General Information
The Castlegate II Subdivision is a 202-acre residential subdivision being developed immediately southwest of
the existing Castlegate Subdivision in College Station. The approved Preliminary Plat shows a total of 629 lots
in the whole development. Section 202 is the third phase to be developed in the subdivision and will contain 38
lots. It is located southeast of Section 200,
Desien Criteria
Primary Water Supply: Existing 8" line on Upher Drive in Section 200
Domestic Demand:
Avg. Pop Density:
2.67 people per lot
Average Flow:
100 gpd/cap or 267 gpd per lot = 0.18 gpm per lot
Peaking Factor:
4
Peak Flow:
0.74 gpm per lot
Design Flow:
1.50 gpm per lot
Fire Demand. -
Fire Flow: 1000 gpm at most hydraulically remote point
Pipe: PVC DR-14 C900
Roughness Coeff 150 (Hazen Williams)
Hydraulic Software: EPANet v.2.0
Existing City System Pressure Tests
Flow Hydrant #:
V-037 (Camber @ Victoria)
Flowrate:
1430 gpm
Static Hydrant #:
V-047
Static Pressure:
85 psi (196 ft water)
Residual Pressure:
77 psi (178 ft water)
Applicable Exhibits: Exhibit A — College Station Utilities Flow Test Report
Exhibit B — Section 202 Water System Layout
Exhibit C — Section 202 Water System Analysis (Fire Flow Conditions)
Water System Summary of Section 201
Criteria Required As _•, Location
Min. Pressure -fire (psi)
Max. Velocity (fps)
Max. Length of6"pipe (ft)
(connected to > 8 "on both
Max Length of6"pipe (ft)
(not connected on both ends
Max. Length of4"pipe (Jt)
Conclusion
20
60.3
12
11.7
i
1500
! 930
800
1 NA
500
NA
J202-6
P202-5
Results from the EPANet analysis indicate that the planned system in Section 202 will exceed the minimum
requirements of the BCS Design Guidelines and the State of Texas.
Exhibit A
Hydrant Flow Test Report
r
college Station Utilities
Reliable, Affordable, Community Owned
Date Tuesday 24 August 2010
Time 11:00 A.M.
Test
completed by Justin Tamplin
Witness
Vincent Rodriquez
Location
4228 Camber
Nozzle size
2.5
Flow hydrant
V-037
Pitot reading 77
G.P.M. 1430
Static hydrant
V-047
Static PSI
85
Residual PSI
77
Comments
REQUESTED FLOW TEST
[,Scalei 1 "= 200'
J203 -1
J200-3
J200--4
qT
J203-2
ti
�op
4v
a",1200-5
J200-6
q
J203 --- 3
J20
6
----- ------------- - -
-- - - - --------- -
rl
<
'
(3
Q)
"
J201-4Q
Q QT
J2Gl-2
J202-1
J202-4
I
J201-3
J 2 02 -2
J?02-5
tK
r
SECTION 202
N/I
L- - - - - - - - - - - - - - - - - -
----------------
a
J202
J202-7
J20,1 -7 Q)
IN
QT
i?ni --7
J20 1 -6
201 -5'
SECTION 202 WATER SYSTEM LAYOUT
CASTLEGATE 11 SUBDIVISION EXHIBIT
COLLEGE STATION, TEXAS
Exhibit C
CASTLEGATE II SUBDIVISION
Water System Analysis - FIRE FLOW CONDITIONS
April 3, 2012
EPA Net JUNCTION
SUMMARY
Elevation
I Demand
Calculated
Label
Pressure
ft
ft
psi
JuneJ200-1
312
0.0
492
78.0
June J200-2
314
0.0
491
76.8
June J200-3
321
0.0
491
73.5
June J200-4
321
24.0
490
73.4
June J200-5
319
24.0
489
73.7
June J200-6
329
0.0
489
69.3
June J201-2
315.5
18.0
489
75.1
June J201-3
315
19.5
489
75.3
June J201-4
318
0.0
489
74.0
Junc J201-5
316
24.0
489
74.9
JuneJ201-6
318
18.0
489
74.0
June J201-7
320
0.0
489
73.1
June J201-9
317
6.0
489
74.4
Junc3202-1
r'c 320
15.0
487
72.3T
_
June J202-2
1 323
18.0
485
70.3
a ':
June J202-3
'319.5
0.0
485 1.
71.8
June J202-4
`. 322
1012.0 '
464
61 L6
JuncJ202-5
323.5
12.0
464
61.0
June J202-6
'. 325
3.0
464 (
60.3
W '
June 1202-7
320
0.0
464
62.5
June J203 I
333
0.0
492
68.9
June J203-2
334
33.0
490
67.8
Junc J203-3
328
30.0
488
69.4
Lowest Pressure in Section 202 60.3
FPA Nat PIPE RUMM A R V
Label
Length
Diameter
Discharge
Velocity
ft
in
g m
ft/s
Pipe P200-1
145
8
653
4.2
PipeP200-2
681
12
653
1.9
Pipe P200-3
126
12
653
1.9
Pipe P200-4
966
12
123
0.4
Pipe P200-5
327
8
506
3.2
PipeP200-6
520
8
-157
LO
,Pipe P200-7
384
6
-157
1.8
PipeP201-1
243
8
325
2.1
Pipe P201-2
357
6
20
0.2
Pipe P201-3
234
4
0
0.0
Pipe P201-4
359
6
18
0.2
PipeP201-5
315
4
0
0.0
PipeP201-6
310
8
-48
0.3
Pipe P201-8
92
6
-6
0.1
Pipe P202-1
_
450
6
239 is
2.7
Pipe P202-2
' 480
6
224 ':
2.6
PipeP202-3
309
8
821 :
5.2
PipeP202-4
- 177
8
0
0.0
Pipe P202-5
t 352
6
1,027
117
PipeP202-6
308
6
is
0.2
PipeP202-7
'1185
12
3 `.
0.0
PipeP202-8
'< 187
12
0
0.0
Pipe P203-1
305
_
8
-603
3.9
Pipe P203-2
310
8
694
4.4
Highest Velocity in Section 202 11.7
CITY OF COLLEGE STATION
Mining d' Development Se, vices
1101 Texas Avenue, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM �\�L' • I�
r l�
June 1, 2012
TO: Wallace Phillips; via email: dustyphillips52@yahoo.com
.FROM: Danielle Singh
SUBJECT: Engineering Document Comments for Castlegate II Sec 202 (DP)
Staff reviewed the above -mentioned engineering documents as requested. The following page
is a list of staff review comments detailing items that need to be addressed. Please address the
comments and submit the following information by Monday, DATE, at 10:00 a.m. for further staff
review and approval of the plans:
One (1) set of revised construction documents.
Please note that the Development Permit Balance (Public Infrastructure Review and Inspection
Fee), will be calculated and requested once the construction documents and engineer's
estimates have been reviewed and approved.
If you have any questions or need additional information, please call Danielle at 979.764.3570.
Attachments: Staff review comments
PC: Kent Laza; via email: klaza@phillipsengineeringbcs.com
Case File No. 12-500105
ENGINEERING COMMENTS NO. 2
1. A sidewalk is required to be constructed in the common area along Greens Prairie Road.
This sidewalk will need to be covered by a Public Access Easement.
2. On sheet 1, all the sanitary sewer manholes are labeled as #704.
3. FYI- this property is located partially in the Spring Creek Sewer Impact area. The current
rate is $98.39/LUE.
4. Earthen channels are required to have a minimum slope of 0.6%. By changing the route of
the temporary channel, it appears that it is possible to meet the slope requirement.
5. Is any silt fence being proposed? It is shown on the legend, but is not incorporated into the
plans.
6. HDPE is not allowed under structural backfill areas. This includes sidewalk.
7. Please show a concrete apron on Dalton at the intersection of Greens Prairie Road.
8. Please submit a Notice of Intent.
9. If Etonbury Avenue does not exist and is not being constructed with this phase, please
remove it from the plans or label it as future (sheet 2).
10. Please provide a concrete flume at the bottom of the detention pond. The minimum grade
for a grass lined bottom is 5%.
11. Please label the thickness, reinforcements, and materials on the detention pond outlet
structure.
12. Please label the existing contours on the grading plan.
13. The "typical residential street" detail needs to be revised to comply with ST4-04 of the
standard details. The base needs to extend 2" deeper than the bottom of curb, and the
stabilized subgrade needs to be shown 2' beyond the back -of -curb.
14. 1 would recommend altering the location of the sidewalk ramps to align with other ramps
through the intersection (typical).
15. Please review the centerline elevations shown at the bottom of the profiles on Sheet 5.
Some of the elevations do not match the proposed slopes.
16. On Sheet 5, there is some overlapping text in the plan view which makes it difficult to read.
17. The maximum streetlight spacing is 300'. Please add additional streetlights to meet these
criteria.
18. Please show locations of transformers on the lighting plan.
19. Please provide a scale and north arrow on Sheet 6.
20. An HDPE pipe backfill detail was not provided on Sheet 8, as stated in note 4 of the storm
sewer profile sheets.
21. The labels for the flow lines in and flow lines out are inconsistent. In some instances flow
line out refers to flows entering the inlet and in others refers to the flows exiting the inlet.
22. In the profiles for Pipes 751, 741, 812, 811, 805 and 804-820 the flow line elevations labeled
at the bottom of the profiles do not correspond to the actual flow lines.
23. Please be consistent in labeling negative and positive slopes for the storm sewer pipes.
24. In the profiles for pipes 804-820, one of the stations is labeled as ???.
25. Please show that storm pipe 820A will be plugged until future extension.
26. Since the waterline is within 5' from the back of sidewalk, structural backfill is required.
27. On inset B, Sheet 10, the tee is labeled as a cross. In the profile view it is labeled as a
12' x8" tee instead of a 12' x6" tee.
28. On W-3, I would recommend encasing the sanitary sewer line per TCEQ regulations instead
of bending the waterline underneath the sanitary sewer line.
29. On Sheet 11, the 4" blow offs are labeled as 2" in the plan view.
30. On WA I would recommend moving the east valve (at the tee) to the west leg. This would
allow the residences on the 12" line to stay in service if the west leg was out of service for
future extension.
31. Please verify that Lots 2 and 13 on Norwich Drive already received sanitary sewer service
with the previous phase.
32. On Sheet 12, services 9 and 10 do not have the height of their stack labeled.
33. Please show the waterline crossings in the profile view of the sanitary sewer.
34. On Sheet 13, the manhole labels do not correspond between the plan and profile views.
35. Sanitary sewer services 17 and 18 do not connect to the sanitary sewer main and need to
have the flow lines revised accordingly.
36. On Sheet 13, please verify the flow lines at stations 14+64.66 and 18+93.77.
37. Please provide an exhibit for the drainage report that has the study points labeled. It would
be helpful if this was shown on the Post Development Drainage Area Map, along with the
future lot layouts that are related to the detention being proposed. I was able to get the
information from the original report for Pond A, but the information needs to be available in
this report.
38. It appears that some of the drainage areas have changed from the original report for Pond A
resulting in an increase to the North Pond and the modified Pond from Castlegate I. Please
verify and provide information that the existing ponds can handle the increased flows.
39. The sanitary sewer system report needs to be updated. Some of the 8" pipes are being
proposed with a slope of 0.33%, not the 0.4% shown in the report.
40. The remaining development permit fee is $3,835.85.
Reviewed by: Danielle Singh Date: 5/31/2012
{
SECOND AMENDED AND RESTATED
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
CASTLEGATEII
Filed for Record in:
BRAZOS C0uNty
001 Jul 150013 at 03:37p
As n
BABEL REC0R0IN6
00cument Number: 01163054
Amount 152,00
THE STATE OF TEXAS § Receipt Number - {77734
COUNTY OF'BRAZOS § Kett, BruNO r
This SECOND AMENDED- AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONSOF CASTLEGATE II (the
"Declaration"), is made effective as of the 11th day of November, 2011, by DOS
DORADO$ DEVELOPMENT, L.L.C. d.b.a. 3-D DEVELOPMENT, a Texas limited
liability company, (hereinafter sometimes referred to as "Declarant');
WHEREAS the DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS CASTLEGATE II, (the "Original Declaration") effective
November 4, 2011 was recorded in Volume 10402, Page 220 of the Official
Records of Brazos County, Texas; the FIRST AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
CASTLEGATE II (the "First Restated Declaration") effective November 4, 2011
Was recorded in 10498, page 198, of the Official Records of Brazos County,
Texas; the NOTICE OF ADDITION OF LAND TO CASTLEGATE II effective
December 31, 2012 was recorded in Volume 11109, page 247, of the Official
Records, Brazos County; Texas;
WHEREAS, the Original Declaration and the First Restated Declaration
both provide that Declarant may subject and add other lands to the land'
encumbered and benefitted by the Declaration, and Declarant desires to add
Phase 100 of Castlegate II to the land subject to the Declaration;
WHEREAS, pursuant to Section 9.03(A) of the Declaration, the Declarant
may amend the Original Declaration and First Restated Declaration and desires
to do so by this SECOND AMENDED AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS OF CASTLEGATE 11, which
shall completely replace and supersede the First Restated Declaration;
WHEREAS the Declarant desires to convey the Property (defined below)
subject to certain protective covenants, conditions, restrictions, liens and charges
as hereinafter set forth;
WHEREAS the Declarant desires to create and carry out a uniform plan
for the Improvement, development and; sale of the Property for the benefit of the
present and future owners of the Property;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that It is
hereby declared (1) that all of the Property shall be held, sold, conveyed and
Page I of 35
I-3-I54
7..;4 i3
cWo
occupied subject to the following covenants, conditions, restrictions, liens, and
charges, which are for the purpose of preserving the value and desirability of,
and which shall run with, the Property and 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 conclusively 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 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words
and phrases when used in this Declaration shall have the following meanings
hereinafter specified:
1.01 Architectural Committee. "Architectural Committee" shall mean the
committee created pursuant to this Declaration to review and approve
plans for the construction of Improvements on the Property.
1.02 Architectural Committee Rules. "Architectural Committee Rules" shall
mean the rules and regulations adopted by the Architectural Committee,
as the same may be amended from time to time.
1.03 Articles. "Articles" shall mean Certificate of Formation of Homeowners'
Association of CASTLEGATE II, Inc., as that instrument may be amended
from time to time, which instrument is filed in the office of the Secretary of
State of the State of Texas.
1.04 Assessment. "Assessment" or "Assessments" shall mean such
assessments as may be levied by the Association under the terms and
provisions of the Declaration.
1.05 Association. "Association" shall mean Homeowners' Association of
CASTLEGATE II, Inc., a Texas non-profit corporation, which shall have
authority and responsibility for all of the communities and subdivisions of
Castlegate It, as hereafter defined.
1.06 Board. "Board" shall mean the Board of Directors of the Association.
Board members may, but need not, be Members of the Association.
1.07 Bylaws. "Bylaws shall mean the Bylaws of the Association as adopted by
the Board, and from time to time amended.
Page 2 of 35
1.08 CASTLEGATE it Communities. Declarant, or Declarant's assigns, may
create additional phases or sections of Castlegate, and adopt the same or
similar restrictions, rules, and regulations for such phases or sections,
and make the additional phases or sections subject to the Association.
1.09 CASTLEGATE II Residential Restrictions. "CASTLEGATE II Residential
Restrictions" shall mean this Declaration, as the same may be amended
from time to time, together with the CASTLEGATE II Rules, Architectural
Committee Rules and the Articles and Bylaws of the Association as the
same are in effect from time to time.
1.10 CASTLEGATE II Rules. "CASTLEGATE II Rules" shall mean the rules
and regulations adopted by the Board as the same may be amended from
time to time.
1.11 Common Areas. "Common Areas" shall mean any land conveyed,
leased, dedicated or assigned by Declarant, or a third party with the
Association's consent, to the Association for maintenance and operation,
including, but not limited to, easements, roads, entryways, roadways,
rights -of -ways, parkways, median strips, sidewalks, parks, trails, paths,
ponds, creeks, and lakes within the Property.
1.12 Declarant. "Declarant" shall mean Dos Dorados Development, L.L.C.
d.b.a. 3-D Development, its duly authorized representatives or their
respective successors or assigns; provided that any assignment of the
rights of Dos Dorados Development, LLC, as Declarant, must be
expressly set forth in writing and the mere conveyance of a portion of the
Property without written assignments of the rights of Declarant shall not
be sufficient to constitute an assignment of the rights of Declarant
hereunder.
1,13 Declaration. "Declaration" shall mean this instrument as it may be
amended from time to time. Neither the Original Declaration nor the First
Restated Declaration shall have any further force or effect after the
recording hereof.
1.14 Improvement. "Improvement" shall mean every structure and all
appurtenances thereto of every type and kind, including but not limited to
buildings, outbuildings, storage sheds, patios, tennis courts, swimming
pools, garages, storage buildings, fences, screening walls, retaining
walls, stairs, decks, landscaping, pole signs, exterior air conditioning,
water softener fixtures or equipment, and poles, pumps, walls, tanks,
reservoirs, pipes, lines, meters, antennae, towers and other facilities used
In connection with water, sewer, gas, electric, telephone, regular or cable
television, or other utilities.
1.15 Lease. "Lease" shall mean a written document for a term of at least 90
days between an Owner and tenants occupying the Owner's Lot.
Page 3 of 35
or if no such designation or registration is made, the first tenant listed in
the Lease.
1.25 Pro e . "Property" shall mean the real property in Brazos County,
Texas described in Exhibit "A", which Is attached hereto and incorporated
by reference into this Declaration.
ARTICLE 2
DEVELOPMENT OF THE PROPERTY
2.01 Development or Sale by Declarant. Declarant may divide or subdivide
the Property into several areas, develop some of the Property, and, at
Declarant's option, sell any portion of the Property free of the restrictions
set forth in this Declaration.
2.02 Addition of Land. Declarant 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 the Declaration. 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 containing
the following provisions:
e. A reference to this Declaration, which reference shall state the book
and page numbers of the Official Records of Brazos County wherein
this Declaration is recorded;
f. A statement that the provisions of this Declaration shall apply to the
added land; and
g. A legal description of the added land.
2.03 Withdrawal of Land. Declarant may, at any time and from time to time,
reduce or withdraw areas 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 of Land containing the
following provisions:
h. A reference to this Declaration, which reference shall state the book
and page numbers of the Official Records of Brazos County wherein
this Declaration is recorded;
Page 5 of 35
A statement that the provisions of this Declaration shall no longer
apply to the withdrawn land; and
J. A legal description of the withdrawn land.
ARTICLE 3
GENERAL 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. No Improvements shall hereafter be
constructed upon any of the Property without the prior approval of the
Architectural Committee.
3,02 Antennas.
(A) Antennas may be installed and maintained in an Approved
Location unless installation in the Approved Location results in
Unreasonable Delay, Unreasonable Cost Increase or Signal
Impairment. If installation in an Approved Location results In
Unreasonable Delay, Unreasonable Cost Increase or Signal
Impairment, the Antenna may be installed and maintained
elsewhere on the Lot and the Architectural Committee may require
screening that does not result in Unreasonable Delay,
Unreasonable Cost Increase or Signal Impairment.
(B) Within five (5) days after installation of an Antenna, Owner shall
notify the Association in writing that an Antenna has been
installed. If Owner has not installed the Antenna in an Approved
Location and the Association can demonstrate that no
Unreasonable Delay, Unreasonable Cost Increase or Signal
Impairment would have resulted from installation of the Antenna in
an Approved Location, the Association may require the Owner, at
Owner's cost, to move the Antenna to an Approved Location. If
the Antenna could have been located in Approved Location
without Unreasonable Delay or Signal Impairment but with
Unreasonable Cost Increase, the Association may, at Its expense,
using an installer selected by the Association and after reasonable
notice to Owner, move the Antenna to an Approved Location.
(C) For purposes of this Section 3.02, the following are defined terms:
"Antenna" means any exterior antenna, aerials, satellite dishes or other
apparatus (a) of one meter or less in diameter that is used to receive
direct broadcast satellite service or to receive or transmit fixed wireless
signals via satellite; (b) of one meter or less in diameter that Is used to
Page 6 of 35
receive video programming services via multipoint distribution services or
to receive or transmit fixed wireless signals via other than satellite; or (c)
that is used to receive television broadcast signals.
"Approved Location" means that portion of a Lot which is not visible from
any street, Common Area or other Lot and preferably: (a) in the rear or
side yard of the Lot; (b) mounted on a pole, the dwelling unit or other
structure below the fence line or otherwise screened by a fence; and (c)
not located on the roof of the dwelling unit or other improvement. See (B)
above for other criteria requiring location in an Approved Location.
"Signal Impairment" means that the ability of an Antenna to receive or
transmit acceptable quality signals from an Approved Location is
precluded.
"Unreasonable Cost Increase" means the costs of installation,
maintenance or use of an Antenna are unreasonably increased in light of
the cost of the antenna and related equipment.
"Unreasonable Delay" means the installation, maintenance and use of the
apparatus in the Approved Location is unreasonably delayed, such as by
a preapproval or permit requirement.
3.03 Insurance Rates. Nothing shall be done or kept on the Property that
would increase the rate of insurance or cause the cancellation of
insurance on any Lot or any of the Improvements located thereon without
the prior written approval of the Board.
3.04 Subdividing. No Lot shall be further divided or subdivided, nor may any
easement or other interest therein less than the whole be conveyed by
the Owner thereof without the prior written approval of the Architectural
Committee; provided, however, that when Declarant is the 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 Architectural Committee.
3.05 Sians. No sign of any kind may be erected or maintained on any Lot
without the consent in writing of the Architectural Committee except the
following permitted signs:
k. signs advertising the Lot for sale;
not more than two (2) political signs;
M. school spirit signs; or
n. security signs.
Page 7 of 35
No permitted sign shall exceed five (5) square feet without the prior
written approval of the Architectural Committee. Declarant or the
Architectural Committee shall have the right to enter and remove any
unapproved sign, advertisement, billboard or structure which is placed on
any Lot without the Declarant or the Architectural Committee's consent,.
and in so doing, shall not be liable and is expressly relieved from any
liability for trespass or other sort in connection therewith, or arising from
such removal.
3.06 Rubbish and Debris. No rubbish or debris of any kind shall be allowed or
permitted to accumulate upon the Property and no odors shall be
permitted to arise therefrom so as to render the Property or any portion
thereof unsanitary, unsightly, offensive or detrimental to any other
property or 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 appropriately screened from view so that it is not
visible from any street, Common Area or Lot. Trash containers must be
promptly returned to their enclosed structures or screening following trash
pickup and in no event shall a trash container remain visible from any
street, Common Area or other Lot overnight. if rubbish or debris
accumulates upon any Lot in violation of this provision In the judgment of
the Association, the Association may remove the rubbish or debris, and
charge a special assessment to the Owner of the Lot for the costs of
removal.
3.07 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.
3.08 Lighting. No exterior lighting of any sort shall be installed or maintained
on a Lot where the light source is offensive or a nuisance to neighboring
property, except for reasonable security or landscape lighting that has the
approval of the Architectural Committee,
3.09 Nuisance and Lateral Support. 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 on any other Lot, or which may be or may
become an annoyance or nuisance to the neighborhood.
3.10 Repair of Improvements, All Improvements upon the Property, including
any Lot, shall at all times be kept in good condition and repair and
adequately painted or otherwise maintained by the Owner or Owners
thereof.
Page 8 of 35
3,11 Alteration or Removal of Improvements. Exclusive of normal
maintenance, any construction or removal in connection with any
Improvement, which in any way alters the exterior appearance of said
Improvement, shall be performed only with the prior written approval of
the Architectural Committee.
3.12 Roofing Materials. The surface of all roofs of principal and secondary
structures shall be metal, shingle, wood shakes, tile, or dimension
architectural quality composition shingle. "Three tab" composition
shingles shall not be allowed. The Architectural Committee shall have
authority to approve other roof treatments and materials when in its
determination such treatment and materials in the form utilized will not be
a detriment to the quality of the neighborhood.
3.13 Solar Equipment. In the event an Owner desires to use solar panels or
other solar equipment in connection with the use of any Lot, the location
and installation design thereof shall be submitted to the Architectural
Committee and approval of such design, including the aesthetics thereof,
shall be required before construction may begin.
3.14 Driveway. The Architectural Committee shall have the right to Impose
limitations on driveway design, including materials, aprons, location and
point of contact with dedicated roads, streets or private driveways within
the Property.
3.15 Tanks. The Architectural 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 other portion of the Property.
3.16 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 Committee,
except what has already been constructed by the City of College Station,
prior to October, 2011; 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 which have been
previously approved in writing by the Architectural Committee. The
installation method, including 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
Page 9 of 35
approval by the Architectural Committee. Declarant has no duty to.
provide any particular utility service at any time, and makes no
representation or Warranty that cable, television, telephone, internet or
specific utility providers will be available in the Property.
3.17 Draina e. Declarant is only responsible for drainage inside the Road
Right of Ways. Declarant is not responsible for any drainage other than
what is previously listed.
3.18 Hazardous Activities. No activities shall be conducted on the Property
and no Improvements shall be 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 on a Lot except in contained barbeque units while attended and
in use for cooking purposes, or within safe and well -designed (1) interior
fireplaces, (ii) exterior fireplaces, or (ill) outdoor chimneys (or chimineas).
3.19 Mining and Drilling. No oil drilling, oil development operations, oil refining,
quarrying or mining operation of any kind shall be permitted upon or In
any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts
be permitted upon any Lot. No derrick or other structure designed for use
in boring for oil or natural gas shall be erected, maintained or permitted
upon any Lot. No well, pump, shaft, casing or other facilities for the
removal of subsurface water shall be placed or maintained on any Lot,
and no boring, drilling, removal or exploration for subsurface water or the
Injection of water or waste water shall be conducted on any Lot.
3.20 Machinery and Equipment. Without the approval of the Association or
Declarant, no machinery or equipment of any kind shall be placed,
operated or maintained upon or adjacent to any Lot or Common Area
except such machinery or equipment as is usual and customary in Brazos
County, Texas, in connection with the use, maintenance, or construction
of a private residence or appurtenant structures or recreational facilities
maintained by the Association; provided, however, such machinery or
equipment may be placed, operated or maintained by any governmental
or quasi -governmental agency, or by any public utility, in the performance
of its legitimate functions.
3.21 Temporary Structures. No tent, shack or other temporary building,
improvement or structure shall be placed upon a Lot without the prior
written approval of the Architectural Committee; provided, however, that
the Declarant may maintain or authorize temporary structures necessary
for storage of tools and equipment, and for office space for architects,
builders and foremen on a Lot during any period of actual construction,
which authorization, if given, shall Include the nature, size, duration and
location of such structure or structures.
Page 10 of 35
3.22 Unsightly Articles Vehicles: Garage Doors. No trailer, recreational
vehicle, tent, boat, or stripped down, wrecked, junked, or wholly
inoperable vehicle shall, be kept, parked, stored, or maintained on any
portion of the driveway or front yard, in front of the building line of the
permanent structure, and same shall be kept, parked, stored or
maintained on other portions of a Lot only within an enclosed structure or
a screened area which prevents the view thereof from adjacent Lots or
streets. No dismantling or assembling of motor vehicles, boats, trailers,
recreational vehicles, or other machinery or equipment shall be permitted
in any driveway or yard adjacent to a street. Garage doors shall be kept
closed at all times except for reasonable time periods when such doors
are in use. The Association may establish rules and regulations
regarding the definition of "reasonable time periods." Overnight parking
of vehicles on the curb of any street is prohibited. No vehicle may be
parked in the street in front of any Lot for a period of more than twelve
(12) consecutive hours.
3.23 Mobile Homes Travel Trailers Recreational Vehicles. No mobile homes
shall be parked or placed on any Lot at any time. No travel trailers or
recreational vehicles may be kept on any Lot unless enclosed in a garage
or parked so as not to be visible from adjoining property or public or
private thoroughfares. In the event a travel trailer or recreational vehicle
is not enclosed in a garage, the Architectural Committee must approve
the location of its storage site. This restriction regarding travel trailers
and recreational vehicles shall not apply to guests staying at any Lot for
less than forty-eight (48) hours.
3,24 Fences.
(A) No fence, wall, or hedge shall be built or maintained forward of the
front wall line of the main structure, not including decorative walls or
fences, which are part of the Architectural Committee approved
architectural design of the main structure, and which are not to be built or
maintained nearer than the building setback line of any Lot. An exception
shall be made in the case of retaining walls not to exceed twenty-four
Inches (2411) above the ground. Notwithstanding the foregoing, the
Architectural Committee is empowered to waive the aforesaid height or
setback limitation in connection with retaining walls and decorative walls
if, in Its sole discretion, such waiver is advisable in order to accommodate
a unique, attractive or advanced building concept design or material and
the resulting decorative wall and/or retaining wall will not detract from the
general appearance of the neighborhood, or in the case where a Lot has
a side yard which is adjacent to the backyard of an adjacent Lot. No
chain -link fences may be built or maintained on any Lot.
(8) Unless otherwise approved by the Architectural Committee or as
provided below, any fence built or maintained on any Lot shall be
constructed only of standard grade 1" by 6" cedar privacy fence materials,
Page t t o£35
six (6') feet in height, with the finished (smooth) side facing Victoria Drive,
WS Phillips Pkwy Drive, all other streets or Common Areas, and/or
adjoining properties which are not part of Castlegate II Communities, and
the rough side facing the interior of any Lot. The Owner (other than
Declarant) shall erect wrought iron fencing on (1) the rear boundary and
(ii) at least twenty-four feet (24') along the side boundary lines
commencing from the rear boundary, of any. Lot within Lots 8 — 17, Block
14, Section 100, Lots 1R — 7R, Lot 8R1, and Lots 9R-13R Block 7,
Section 200, and the Owner of the Lot shall be responsible for
maintenance and repair of the fence. Declarant has no duty to erect
wrought iron fencing, but the first Owner after Declarant has a duty to do
so. The wrought iron fencing to be used shall be manufactured by
Ameristar, 1-800-321-8724, Majestic Panels, 3 Rail, 6 feet tall, or
substantially similar fencing if Ameristar no longer manufactures Majestic
Panel.
3.26 Animals - Household Pets. No animals, including pigs, hogs, swine,
poultry, 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 or maintained on
Lot. No domestic household pet shall be allowed to make an
unreasonable amount of noise, or to become a nuisance, and no
domestic pets shall be allowed on the Property other than on the Lot of its
Owner, except when 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
domestic household pet shall be allowed to run at large and all of such
pets 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 Committee, shall be of
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 any other portion of the Property. No more than four (4)
adult dogs and three (3) 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.
3.26 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs,
trees, grass and plantings of every kind on such Owner's Lot cultivated,
pruned, and free of trash and other unsightly material. Subject to Section
3.30 below, trees, shrubs, vines and plants that die shall be promptly
removed. Declarant, the Association and the Architectural Committee
shall have the right at any reasonable time after giving not less than ten
days' notice to Owner to cure any violation of this provision, 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
Page 12 of 35
the Lot as provided in Section 5.04(E) below.
3.27 Landscape Design. All landscaping shall be designed so as to protect
and promote, as far as practicable, the natural local landscape
environment through use of. native materials, natural drainage, indigenous
plant selection and site design. All landscaping designs shall install live,
growing sod covering the front, side, and back yards on or before
substantial completion of any newly constructed residence on a Lot.
Initial landscape installation must be performed in accordance with the
rules and regulations set out by the Architectural Committee,
Additionally, Lot Owners must use either a landscape contractor
approved by the Architectural Committee, or submit the landscape plan to
the Architectural Committee for approval. Owner shall maintain such sod
in a healthy and growing condition. All front, side and back yards must be
irrigated with automatic sprinkler systems and have landscaping
acceptable to the Architectural Committee. On or before substantial
completion of any newly constructed residence on a Lot, the Owner of
such Lot shall keep (and/or plant) and maintain at least two (2) living trees
with diameters of at least two (2") inches in the front yard of the Lot.
Owner shall maintain such trees in a healthy and growing condition.
Notwithstanding the above provision, Owners of Lots in Sections 100,
101, 102, 103, 104, 105, 106, and 107 shall keep (and/or plant) and
maintain at least one (1) living trees with diameters of at least two (2")
inches in the front yards of their Lots. Any new trees or replacement
trees, planted in the front yard of a Lot to maintain the required number of
trees per Lot shall be evergreen trees, such as live oak, pine, fir, and
juniper, or other evergreen trees. Nothing in this section shall be deemed
to prohibit additional trees that are not evergreen.
3.28 Construction and Sales Activities. Notwithstanding any provision herein
to the contrary, this 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 The 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 any
dispute regarding such matters, the Architectural Committee may grant a
temporary waiver of the applicable provision, for a period of time to be
determined by the Architectural Committee in its sole and absolute
discretion. At such time as the Declarant ceases using any portion of the
Page 13 of 35
Property as a model home or sales office, the affected Property shall be
altered and/or remodeled, if necessary or desirable, to comply with the
covenants and restrictions contained herein.
3.29 Mailboxes. No Lot shall have a mailbox on it. All mailboxes for U.S. Mail
shall be located at cluster mailbox locations to be designated by the
Architectural Committee.
3.30 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs
sight lines from streets on the Property shall be 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 Committee. Measurements shall
be by chord, and not 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.
3.31 Garage Conversions. No garage or any portion thereof, may be
constructed into enclosed living space unless an alternative garage of at
least equal size is constructed and the Architectural Committee first
approves the Plans and Specifications for conversion and construction in
writing.
3,32 Lake and Other Public Areas. On any swimming pool, park, community
center, meeting room, party room, lake or public areas constructed on the
Property, the Board may establish rules and regulations for use or
prohibitions against use from time to time. Swimming, boating and fishing
shall not be allowed, except by and in accordance with regulations
established by the Board in its sole and absolute discretion.
Notwithstanding the foregoing, fishing in accordance with regulations
established by the Board is allowed in the private lake located in the
Common Area at Victoria and WS Phillips Pkwy. Fishing is prohibited in
any other body of water located in the Common Areas.
3.33 Leasing. Rental of Lots shall be permitted, provided the Owner executes
one, and only one Lease at any given time, and the Lease designates a
Primary Tenant and the Owner registers the name and contact
information of the Primary Tenant with the Association within ten (10)
days after commencement of the Lease. If an Owner fails to designate a
Primary Tenant in the Lease or to register the name and contact
information of the Primary Tenant with the Association, it shall be
conclusively presumed that the Primary Tenant is the first tenant name
listed In the Lease.
3.34 Compliance with Provisions of CASTLEGATE 11 Residential Restrictions
Each Owner shall comply strictly with the provisions of the CASTLEGATE
II Residential Restrictions as the same may be amended from time to
Page 14 of 35
time. Failure to comply with any of the CASTLEGATE 11 Residential
Restrictions shall constitute a violation of this Declaration, and shall give
rise to a cause of action to recover sums due for damages or injunctive
relief or both, maintainable by the Board on behalf of the Association or
by any aggravated Owner. Declarant, for itself, its successor or assigns,
reserves the right to enforce these restrictive covenants, though it may
have previously sold and conveyed all subdivided Lots controlled by
these covenants within the Property. The reservation of this right of
enforcement shall not create an obligation of any kind to enforce the
same.
3.35 No Warranty of Enforceability.. While Declarant has no reason to believe
that any of the restrictive covenants or other terms and provisions
contained in this Article 3 or elsewhere in this Declaration are or may be
invalid or unenforceable for any reason or to any extent, Declarant makes
no warranty or representation as to the present or future validity or
enforceability of any such restrictive covenants, terms or provisions. Any
Owner acquiring a Lot in reliance upon one or more such restrictive
covenants, terms or provisions shall assume all the risks of the validity
and enforceability thereof and, by acquiring the Lot, agrees to hold the
Declarant harmless therefrom.
ARTICLE 4
RESIDENTIAL RESTRICTIONS
4.01 Residential Use. Excluding Common Areas or pavilion or clubhouse
areas reserved or owned by the Declarant, or its assigns, all Lots shall be
improved and used solely for residential purposes inclusive of a garage,
fencing, and other such 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 or any part
thereof to be occupied or used for any purpose, including religious, other
than a private residence for members of the Occupant Group. All Lots
within the Property shall be used and improved for single-family
residential structures, with no more than one (1) residential dwelling unit
per Lot. Anything herein to the contrary notwithstanding, any Lot may be
used or improved for a greenbelt, open space or drain field purposes, No
Improvement may be constructed upon any Lot that would unreasonably
obstruct the view from any other portions of the Property, and the
positioning of all Improvements upon Lots within the Property is hereby
expressly made subject to Architectural Committee review. The
Architectural Committee may, but shall not be required to, prevent or
allow the construction of a proposed Improvement based upon the effect
it will have upon the view from any particular Lot. The Architectural
Committee may consider the effect the Improvement will have on the
Property as a whole, it being expressly understood that neither the
Architectural Committee nor the members thereof shall be liable to any
Owner in monetary damages or otherwise due to the construction of any
Pago 15 of35
Improvement within the Property or the creating thereby of an obstruction
to the view from such Owner's Lot or Lots.
4.02 Garages and Garage Orientation. No Lot shall have Improvements
erected which do not provide for a minimum of a two -vehicle garage. in
Sections 200, 201, 203, 204, 205, 206, 207, and 208 within the Property,
garage entrances must be recessed at least five (5) feet from the front of
the house facing any street unless the garage entrance is on the side of
the house. Any other type of garage must be fully or partially screened
from visibility from any street in a manner acceptable to the Architectural
Committee in its sole and absolute discretion. All garage doors must
meet the rules and regulations set out by the Architectural Committee and
must have decorative hardware, windows, or decorative wooden
construction.
4.03 Outbuildings. Every building, inclusive of such structures as a detached
garage, storage building or greenhouse shall be compatible with the
dwelling to which it is appurtenant in terms of its design and material
composition or be completely screened from public view. All such
buildings shall be subject to approval by the Architectural Committee. In
no instance shall an outbuilding, other than a detached garage, exceed
one (1) story in height or have total floor area in excess of ten percent
(10%) of the floor area of the main dwelling.
4.04 Building Height. No Improvement greater than thirty-two (32) feet in
height may be constructed on any Lot without the prior written approval of
the Architectural Committee. For purposes of this paragraph, height shall
be measured from the foundation slab of the proposed Improvement to
the ridgeline of the roof of the proposed Improvement.
4.05 Building Materials; Dwelling Size: Chimney Construction.
(A) All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows and
similar openings) shall be constructed as set out below, of a minimum
percentage of masonry or other material specifically approved in writing
by the Architectural Committee. Masonry includes stucco, brick, rock and
all other materials commonly referred to in the College Station, Texas
area as masonry. Masonry does not Include concrete hardy -board siding.
Unless an exception is granted by the Architectural Committee, all single
family dwellings shall contain no less than the number of square feet of
enclosed living space, exclusive of all porches (open or covered), decks
and garages set out below. Each residence shall include an enclosed
attached or detached garage or other structure sufficient to meet the
requirements of Sections 3.22 and 4.02 above.
Page 16 of 35
In each of the Sections to be developed within the Property, subject to
amendment at Deciarant's sole discretion, the following minimum
standards shall apply:
Section
Minimum Masonry
Masonry Chimney
Minimum Square
Requirement
Requirement
Footage of
Residence
(heated sq. ft.)
Section 100
85%
No, except (B) below
1500
Section 101
85%
No, except (B) below
1500
Section 102
85%
No, except (B) below
1500
Section 103
85%
No, except (B) below
1500
Section 104
85%
No, except (B) below
1500
Section 105
85%
No, except (B) below
1500
Section 106
85%
No, except (B) below
1500
Section 107
85%
No, except (B) below
1600
Section 200
90%
Yes
2000
Section 201
900/0
Yes
2000
Section 202
90%
Yes
2000
Section 203
90%
Yes
2000
Section 204
90%
Yes
2000
Section 205
90%
Yes
2000
Section 206
90%
Yes
2000
Section 207
90%
Yes
2000
Section 208
90%
Yes
2000
" See also Section 3.24 for certain Lot specific fencing requirements
(B) On Lots in Sections 100
— 107, inclusive, chimneys on dwellings
need not be
masonry unless:
(a) The rear boundary of the Lot is adjacent to Victoria or W.S.
Phillips Parkway and the chimney is on the rear portion of the
dwelling;
(b) The chimney is on the front portion of the dwelling facing the
front Lot line; or
Page 17 of35
(c) The dwelling is on a corner Lot, and the chimney is on the side
of the dwelling facing the side street.
Notwithstanding any provision herein to the contrary, masonry chimneys
shall not be required if the dwelling has a fireplace vent pipe with a
diameter not exceeding six (6") inches.
4.06 Construction in Place. The use of prefabricated materials, including
antique homes moved from other locations, shall be allowed only with the
prior written approval of the Architectural Committee,
4.07 Setback Requirements. No building shall be located or erected nearer to
any Lot line than the building line shown on the recorded plat of the
Property subdivision section which includes such Lot.
ARTICLE 5
CASTLEGATE it OWNERS ASSOCIATION
5.01 Organization. The Declarant has, on October 25, 2011, 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 title to the said property interest.
5.03 Voting Rights. The right to cast votes and the number of votes which may
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:
o. The Owner, whether one or more (including Declarant), of each
Lot within the Property shall have one vote for each Lot so owned. In
addition, Declarant shall have one vote for each lot reflected on the
preliminary plats of the portions of the Property which have not been
platted.
P. In addition to the votes to which Declarant is entitled by reason of
Subparagraph (A) of this Section, for every such vote, Declarant shall
have three (3) additional votes until such time as the votes described in
Subparagraph (A) of this section, owned by Owners other than Declarant,
Page 18 of35
total in the aggregate (90%) of the total number of votes outstanding
under Subparagraph (A) (the "Transition Date"). Thereafter Declarant
shall only have 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 its power as are expressly set forth in 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 at all times:
(A) CASTLEGATE II Rules and Bylaws. To make, establish and
promulgate, and in its discretion to amend or repeal and re-enact, such
CASTLEGATE II Rules and Bylaws, not in conflict with this Declaration,
as it deems proper to address any and all aspects of its functions. The
Association shall have the authority to establish committees pertaining
only to specific sections of CASTLEGATE 11. Any committee, which
elects to oversee a particular section, shall have the power to establish
section rules, which shall apply only to sections over which the committee
has oversight. Any such section rules may be more restrictive than the
provisions hereof, but shall not be less restrictive.
(B) Insurance. To obtain and maintain in effect policies of insurance
which, in the opinion of the Board, are reasonably 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 7
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 CASTLEGATE II
Residential Restrictions or for the purpose of erecting, maintaining or
repairing any Improvement to conform to the CASTLEGATE It Residential
Restrictions, and the expense incurred by the Association in connection
with the entry upon any Lot and the work conducted thereon (i) shall be a
personal obligation of the Owner of the Lot entered upon, (11) shall be a
lien upon the Lot entered on and Improvements thereon, and (ill) shall be
enforced in the same manner and to the same extent as provided in
Article 7 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 names of and on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to enforce,
by mandatory injunction or otherwise, or to restrain and enjoin, any
Page 19 of 35
breach or threatened breach of the CASTLEGATE II Residential
Restrictions. The Association is also authorized to settle claims, enforce
liens and take all such action as it may deem necessary or expedient to
enforce the CASTLEGATE II Residential Restrictions; provided, however,
that 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) Employee . To engage such employees as may be reasonably
necessary in the management of the Association and the performance of
its duties.
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, waterfall
pumps, irrigation equipment, water wells, entrance buildings, 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,
Page 20 of 35
for construction of Improvements on 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 effected 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 Improvements 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, assessment 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, right-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
(a) 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
statute, rule, regulation, ordinance or other law of any governmental
entity, including but not limited to rules and orders of the Texas Water
Development Board, Texas Water Commission, Texas Commission on
Environmental Quality ("TCEQ") and any flood plain, industrial waste or
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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, or within city -owned parks, parkways,
entrance ways, or street rights of way which the Association desires to
maintain or pay for, in the best interest of the Association and the
aesthetic appearance of the subdivision as a whole.
(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 additions to
Association properties, subject to the approval of the Architectural
Committee as required in this Declaration.
(6) To enter into contracts with Declarant, other property
owners associations with regard to other lands, and other persons, on
such terms and provisions as the Board shall determine, to operate and
maintain any of the Common Areas, to allow use by owners of land
subject to the jurisdiction of other property owners associations, or to
provide any service or perform any function on behalf of Declarant or the
Association in connection with the purposes of the Association, on such
terms as the Board may determine.
(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 borrow funds from banks, private lenders or Declarant,
for such amounts and on such terms as the Board, in its sole discretion,
shall deem appropriate, for the purpose of carrying out the Association's
powers, responsibilities, and obligations set out herein or otherwise
permitted by law, and to secure such loans with assets of the Association
as reasonably necessary to achieve the purposes of the Association.
Such loans may be obtained to meet obligations of the Association when
assessment or other funds are Insufficient to meet necessary expenses,
or to make capital improvements within the Common Areas,
5.07 Agreement with City of College Station. State of Texas and County of
Brazos. The Declarant, as the agent of the Association, or the
Association, may enter into one or more agreements (1) with the City of
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College Station or State of Texas or Brazos County, with respect to (1)
the landscaping and maintenance of portions of public streets, highways
or rights of way, or (2) the dedication of any drainage basin, park or other
common area within the property for municipal maintenance, or (ii) with
the City of College Station with respect to landscaping and maintenance
of portions of utility easements. 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 Merger or Other Agreements. The Association may enter into
agreements to merge, consolidate, combine and cooperate with other
property owners associations with jurisdiction over other lands not subject
to the Declaration (including, without limitation, Castlegate Homeowners
Association, Inc.). Such agreements shall be on such terms as the Board
shall determine, including, without limitation, agreements to merge the
Association with such other associations; to cooperate in the
maintenance of Common Areas, to allow use of Common Areas by
residents of other lands subject to the jurisdiction of other associations;
and to make loans, enter contracts, charge user fees, or enter into leases
with other associations providing for use or improvement of Common
Areas; on such terms as the Board in its sole discretion may determine.
5.09 Indemnification, The Association shall indemnify any director, officer, or
member of a committee duly appointed pursuant to the Articles or Bylaws
who by reason of the fact that such person is or was a director, officer or
member of such a committee of the Association was, is, or is threatened
to be made, a named defendant or respondent in (1) any threatened,
pending, or completed action, suit or proceeding, whether civil, criminal,
administrative, arbitrative, or investigative, (ii) any appeal in such an
action, suit, or proceeding, and (iii) any inquiry or investigation that could
lead to such an action, suit, or proceeding (hereinafter a "Proceeding"),
and 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 6
ARCHITECTURAL COMMITTEE
6.01 Membership of Architectural Committee, The Architectural Committee
shall consist of not more than three (3) voting members ("Voting
Members") and such additional nonvoting members serving in an
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advisory capacity ("Advisory Members") as the Voting Members deem
appropriate. The following persons are hereby designated as the Voting
Members of the Architectural Committee: Wallace Phillips, III, Candace
Phillips, and Wallace Phillips, IV,
6.02 Action by, Architectural Committee. Items presented to the Architectural
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 Committee shall hold office until
such time as 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 as defined in
Section 5.03(B), Declarant, its successors or assigns shall have the right
to appoint and remove all Voting Members of the Architectural
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, thereafter, 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 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 Committee may adopt such
procedural and substantive rules, not in conflict with this Declaration, as it
deems necessary or proper for the performance of its duties, including but
not limited to a building code, a fire code, a housing code, and other
similar codes.
6.07 Review of Proposed Construction. Whenever in this Declaration the
approval of the Architectural Committee is required, the Architectural
Committee shall have the right to consider all of the Plans and
Specifications for the Improvement or proposal in question and all other
facts that, in its sole and absolute discretion, are relevant. Except as
otherwise specifically provided herein, prior to the commencement of any
construction of any Improvement on the Property or any portion thereof,
the Plans and Specifications therefore shall be submitted to the
Architectural Committee, and construction thereof may not commence
unless and until the Architectural Committee has approved such Plans
and Specifications. Until receipt by the Architectural Committee of any
Information or document deemed necessary by the Architectural
Committee, it may postpone review of any Plans and Specifications
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submitted for approval. Upon receipt of all necessary information, the
Architectural Committee shall consider and act upon any and all Plans
and Specifications submitted for its approval pursuant to this Declaration,
and perform such other related duties assigned or authorized by this
Declaration, including at -its option inspection of construction in progress
to assure its conformance with previously approved Plans and
Specifications. The Architectural 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 Committee may, in its review of Plans and Specifications
and such other information as it deems proper, consider whether any
proposed Improvement upon a Lot would unreasonably obstruct the view
from other. portions of the Property. The Architectural Committee may,
but shall not be required to, disapprove any Improvement upon any Lot
that would unreasonably obstruct the view from any other portion of the
Property. No Improvement shall be allowed on any Lot which is of such
size or architectural design or involves the use of such landscaping, color
schemes, exterior finishes and materials and similar features as to be
incompatible with residential development within the Property and the
surrounding area. The Architectural Committee shall have the authority
to disapprove any proposed Improvement based upon the restrictions set
forth in the preceding sentence and the decision of the Architectural
Committee shall be final and binding so long as it is made in good faith.
The Architectural Committee shall not be responsible for reviewing any
proposed Improvement, nor shall its approval of any Plans and
Specifications be deemed an endorsement, from the standpoint of
structural safety, engineering soundness, or conformance with building or
other codes not of its authorship.
6.08 Actions of the Architectural Committee. The Architectural 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 of the Architectural Committee. In
the absence of such designation, the vote of a majority of all the members
of the Architectural Committee taken without a meeting shall constitute an
act of the Architectural Committee.
6.09 No Waiver of Future Approvals. The approval or consent of the
Architectural 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 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.
Page 25 of 35
6.10 Work in Progress. The Architectural Committee may at its option inspect
all work in progress to insure compliance with approved Plans and
Specifications.
6.11 No Liability for Architectural Committee Members. Neither the
Architectural 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 Committee's duties under this
Declaration unless due to the willful misconduct or bad faith of the
Architectural Committee or its members, as the case may be. Neither the
Architectural 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
Committee in care of Wallace Phillips, IV, 4490 Castlegate Drive, College
Station, Texas 77645, 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 Failure to Act. In the event the Architectural Committee or its designated
representative fails to approve or disapprove any Plans and
Specifications within ten (10) days after the same have been submitted to
it, complete with all other information requested by the Architectural
Committee in connection with such submission, approval shall be
assumed.
6.14 Variances. Notwithstanding any other provision of this Declaration, in
order to prevent undue hardship upon the Owner or Owners of any
Individual Lot or Lots upon the Property, variance from any restrictions set
out in this Declaration may be granted by a unanimous decision of the
Architectural Committee in a written instrument to be duly acknowledged,
if and when such a variance shall ever be granted.
6.15 Governmental Agency Approval. Nothing in this Declaration shall be
construed to relieve any Owner from securing such approvals, certificates
and/or permits as may be required by law in connection with the
construction of any Improvements on any Lot.
6.16 Relationship with Association. The Architectural Committee has been
created pursuant to this Declaration to perform certain functions specified
herein relating to the review and approval of Plans and Specifications for
Improvements built on the Property. The Architectural Committee does
not exercise the authority of the Board, and shall not do so unless and
until (1) the Board shall have duly appointed a majority of Board members
to the Architectural Committee, and (li) the Board shall by unanimous
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resolution, duly recorded in the records of the Association, make the
Architectural Committee a committee of the Board in accordance with the
Texas Non -Profit Corporation Act.
ARTICLE 7
FUNDS AND ASSESSMENTS
7.01 Assessments.
(A) 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.
(B) 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.
(C) 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
hereon. 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 Declaration, 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 the CASTLEGATE II
Residential Restrictions, including but not limited to the cost of all entry
ways, landscaping, greenbelts, common areas, median strip, and right-of-
way maintenance, the cost of enforcing the CASTLEGATE II Residential
Restrictions, and a reasonable provision for contingencies and
appropriate replacement reserves, less any expected income and any
surplus from the prior year's funds. Assessments sufficient to pay such
estimated note 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
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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 at the
beginning of the fiscal year or during the fiscal year in equal monthly
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 the mandatory functions of the Association under
the CASTLEGATE II Residential Restrictions. The amount and due date
of any special Assessments shall be at the reasonable discretion of the
Board.
7.05 Owner's 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 7.01(A) 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 not paid by the Owner, shall, together with
interest as provided in Section 7.05 hereof and the cost of collection,
including attorneys 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 in 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 an officer of the Association, duly
authorized by the Board, shall effectuate such subordination. 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
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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 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 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 not 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 8
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 rights -
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 joiner 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 feet (7-1/2') 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 or flow of water
through drainage channels in such easements. The easement area of
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each Lot, if 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 servants to shrubbery, trees, lawns or flowers or other
property 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 of shrubbery, trees, lawns or 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.
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 Committee thereon require.
Each Owner further covenants not to disturb any trees or other vegetation
within the drainage easements as defined in this Declaration and shown
on the Plat. There shall be no construction of Improvements, temporary
or permanent, in any drainage easement, except as may be approved in
writing by the Architectural Committee.
8.05 Blanket Easement. An easement is hereby retained in favor of the
Association over all Lots and the Common Areas for the purpose of
enforcing the CASTLEGATE II Residential Restrictions in accordance
with Section 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 or the Common
Areas to effectuate the foregoing purposes shall not be deemed as
trespass.
ARTICLE 9
MISCELLANEOUS
9.01 Term. This Declaration, including all of the covenants, conditions, and
restrictions hereof, shall run until December 31, 2050, unless amended as
herein provided. After December 31, 2050, 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 (3/4) of the Lots within
Page 30 of 35
the Property then subject to this Declaration, and 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 November 1, 2018, and thereafter for so
long as Declarant holds a majority of the votes of the Association. 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, if
amended after November 1, 2018, an Instrument executed and
acknowledged by the Secretary of the Association, certifying that the
Declarant had the requisite number of votes.
(B) By Owners. In addition to the method in Section 9.03 (A), after
November 1, 2018, this Declaration may be amended by the recording in
the Official Records of Brazos County 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 6.03 hereof.
9.04 Notices. Any notice permitted or required by this Declaration shall be in
writing and may be delivered either personally or by mail. If delivery is
made 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 for 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 Interpretation. The provisions of this Declaration shall be liberally
construed to effectuate the purposes of creating a uniform plan for the
development and operation of the Property and of promoting and
effectuating the fundamental concepts of the Property set forth in this
Declaration. This Declaration shall be construed, governed and enforced
under the laws of the State of Texas.
Page 31 of 35
9.06 Exemption of Declarant. Notwithstanding any provision in this
Declaration to the contrary, neither Declarant nor any of Deciarant's
activities shall in any way be subject to the control of or under the
jurisdiction of the Architectural Committee. Without In any way limiting
the generality of the preceding sentence, this Declaration shall not
prevent or limit the right of Declarant to (i) excavate and grade, (ii)
construct and alter drainage patterns and facilities, (III) construct any and
all other types of Improvements, sales and leasing offices, and similar
facilities, and (iv) post signs incidental to construction, sales, and leasing
anywhere within the Property.
9.07 Assignment of Declarant. Notwithstanding any. provision in this
Declaration to the contrary, Declarant may assign, in whole or in part, any
of its privileges, exemptions, rights, and duties under this Declaration to
any other person or entity and may permit the participation, in whole or in
part, by any other person or entity in any of its privileges, exemptions,
rights, and duties hereunder.
9.08 Enforcement and Nonwaiver.
(A) Right of Enforcement. Except as otherwise provided herein, any
Owner at his own expense, Declarant, and/or the Board shall have the
right to enforce any and all of the provisions of the CASTLEGATE II
Residential Restrictions. Such right of enforcement shall include both
damages for, and Injunctive relief against, the breach of any such
provision.
(B) Nonwaiver. The failure to enforce any provision of the
CASTLEGATE II Residential Restrictions at any time shall not constitute
a waiver of the right thereafter to enforce any such provision or any other
provision of said restrictions.
(C) Liens. The Association shall have the right, when appropriate in
this judgment, to claim or impose a lien upon any Lot or Improvement
constructed thereon in order to enforce any right or effect compliance with
this Declaration.
9.09 Construction.
(A) Restrictions Severable. The provisions of the CASTLEGATE II
Residential Restrictions shall be deemed independent and severable, and
the invalidity or partial invalidity of any provision or portion thereof shall
not affect the validity or enforceability of any other provision or portion
thereof.
(B) Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the
Page 32 of 35
singular; and the masculine, feminine or neuter shall each include the
masculine, feminine, and neuter.
(C) Sole and Absolute Discretion. Notwithstanding anything herein to
the contrary, whenever a party to this Declaration is entitled to exercise its
"sole and absolute discretion", such discretion may be exercised by that
party for any reason or for no reason, whether such discretion is arbitrary,
uncontrolled or unreasonable. Any parties' exercise of its "sole and
absolute discretion" shall be final and shall not be subject to appeal or be
subject to adjudication by a court of law, arbitration, mediation, or
otherwise.
(D) Captions. All captions and titles used in this Declaration are
intended solely for convenience of reference and shall not enlarge, limit or
otherwise affect that which is set forth in any of the paragraphs, sections
or articles.
(E) Deadlines on Business Day. If any deadline in this Declaration
should fall on a Saturday, Sunday or a Texas or federal holiday, such
deadline shall automatically be extended to the next business day.
(F) Choice of Law. This Declaration shall be construed in accordance
with the laws of the State of Texas.
IN WITNESS WHEREOF, Declarant has executed this Declaration to be effective
as of the 4th day of November, 2011.
DECLARANT:
DOS DORADOS DEVELOPMENT, L.L.C.
d.b.a. 3-D DEVELOPMENT, a Texas limited
liability company
RIFE 11 01 11v ;.w NJISM-
Page 33 of 35
STATE OF TEXAS
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of July,
2013, by Wallace Phillips IV, Manager of DOS DORADOS DEVELOPMENT,
L.L.C. d.b.a. 3-D DEVELOPMENT, a Texas limited liability company, on behalf of
said company, in the capacity therein stated.
�Mr BRENNAWILKINS
Naasrua swtemr"0$ NOTARY PUBLIC, State of Texas
My Co y4.42LExgrea
Mey12,2018
Page 34 of 35
EXHIBIT "A"
All that certain property described as Section 100, Castlegate 11, recorded in Volume
11456, page 161, Official Records, Brazos County, Texas; Section 200, Castlegate 11,
recorded in Volume 10392, page 260, and partial replats thereof recorded in Volume
10511, page 39, and Volume 10906, page 267, Official Records, Brazos County, Texas;
Section 201, Castlegate II, recorded in Volume 10906, page 268, Official Records,
Brazos County, Texas; and Section 202, Castlegate II, recorded In Volume 11061, page
31, Official Records, Brazos County, Texas.
After recording, return to:
Cully Lipsey
Hoelscher, Lipsey, Elmore & Poole, P.C.
1021 University Drive E
College Station, TX 77841
File #110616
F:IUSERLLISAIWPDOCSICORPORA'nCastlegate II1Second Amended Dedaration.docx ((a)
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