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HomeMy WebLinkAboutLegal Document~~ ~~~~. DECLARATION OF .COVENANTS, ~~ ' ~ ~. ~ ~~ CONDITIONS AND RESTRICTIONS .TWO LINCOLN PLACE ~, ~, ~~n~l ? ~ ~,~ ;~; COLLEGE STATION. BRAZOS COUNTY, TEXAS . ~r:~.~~~ ; h>,.:;- .-: .: - ~. r?i THE STATE OF TEXAS § u;~ ,,;, ~~r~~, r~~cu:,~. § 3 Y----------_f.-~ COUNTY OF BRAZOS § WHEREAS DAVID SCARMARDO` and SAM J. CAMPISE, hereinaffer called the Declarants, are the. owners of that real' property in Brazos County, Texas, which is more :fully described as Two Lincoln ..Place, an addition to the City of College Station, Brazos County, Texas; and WHEREAS, Declarants desire. to convey the Property subject to certain protective covenants,.. conditions, restrictions, liens and charges as hereinaffer set forth; and WHEREAS, beclarants desire 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 (i) that ail of the Property shall be field, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, liens and charges, which are for thepurpose of protecting the value and desirability of, and which shall-run with, the Property and which shall;be binding on all parties fiaving 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 hereaffer be executed with regard to the Property or any portion thereof shall cone usively 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 meanings. hereinaffer 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. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 1.03 :Declarant, "Declarant" shall mean DAVID SCARMARDO, and SAM J. CAMPISE, or theirheirs or assigns; provided`that any assignment of the rights of Declarants must be expressly set forth in writing .and the mere conveyance of a portion of the Property without written assignment of the .rights: of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder. Any reference herein to "Declarant" shall refer to .both Declarants herein named. 1.04 Declaration. "Declaration"ahall mean this instrument as it may be amended from time to time. 1.05 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,Jandscaping, poles, signs, exterior air conditioning, water soffener 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. 1.06 Lot. "Lot"- or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a .:recorded plat of the Property, together with ail .Improvements located thereon. 1.07 Owner. "Owner" or "Owners" shall mean a person or persons, entity or entities., including Declarant, holding a fee simple interest in any Lot on the Property, but shall not include a Mortgagee. l .08 Person. "Person" or "Persons".shall mean any individual, individuals, entity or entities having the legal right to hold .title to real property. 1.09. Plans and Specifications. "Plans and Specifications" shall mean any and all documents .designed to guide or control he construction or erection of any Improvement, including, but not limited. to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement. 1.10 Two Lincoln Place. "Two Lincoln Place" shall mean one "community", or subdivision, including the Property. The Declarant shall have the authority to declare other tracts subject to the same or similar residential restrictions. 1.11 Two Lincoln Place 'Residential Restrictions. "Two Lincoln Place Residential Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Two Lincoln Place 'Rules, and Architectural Committee Rules. Declaration of Covenants. Conditions, and Restrictions -Two Lincoln Place 1.12 Two Lincoln Place Rules. "Two Lincoln Place Rules" shall mean the rules and regulations adopted by fhe Declarant as the same may be amended from time to time. ARTICLE 2. . DEVELOPMENT OF THE PROPERTY 2:01 Development by Declarant. Declarant may divide orsubdivide the Property into several areas, develop some of the Property, and, of 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 et 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 #o the lands originally covered by this 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: (l) 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; (2) A statement thatthe provisions of this Declaration shall. apply to the added land; and (3) 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 theProperty,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: {1) 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; (2) A statementthat the provisions of this Declaration shall no longer apply to the withdrawn land; and (3) A legal description of the withdrawn land. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place ARTICLE 3. GENERAL RESTRICTIONS Ali 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 hereaffer be constructed .upon any of the .Property without the .prior approval of the Architectural Committee. .3.02 Antennae and Signals. No antenna or other device forthe transmission or reception of television signals, radio signals, or any other .form of electromagnetic radiation shall be erected, .used, or 'maintained on any Lot, ..whether attached to a building or structure or otherwise, without the prior written approval of the Architectural Committee. No radio .signals, television signals or any other forme of .electromagnetic radiation. shall originate from any Lot so as to unreasonably interfere with the reception of television or radio signals on any other.Lot. 3.03 Insurance Rates. Nothing shall be done or kept on the Property which 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 Signs. No sign of any kind shall be displayed to the public view on the Property without the prior written approval of the Architectura Committee, except for signs which are part of Declarant's overall marketing .plan for the Property. The Architectural Committee may permit signs of any type 'advertising a portion of the Property for sale or lease or it may set standards for the same. 3.06 Rubbish and Debris. No rubbish or debris of any kind shall be placed 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 to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed .structures or appropriately screened from view. 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. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place .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 Li htin . No exterior lighting of any sort shall be installed or maintained on a Lof 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 of any other Lot, or which. may be or may become an .annoyance or nuisance to the neighborhood. 3.10 Repairof Improvements. All. Improvements upon the Property, including any Lot, shall at all times be kept in good condition and repairand adequately painted or otherwise maintained by the Owner or Owners thereof. 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. Thee surface of all roofs of principal and secondary structures shall be wood, ahingle, shakes, the or quality. composition shingle. The Architectural Committee shall. have authority to approve other roof treatments and materials when in its determination such treatments and materials in the form utilized will .not. be adetriment to the quality of the neighborhood. 3.13 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 drivgways within the Property. 3.14 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... 3.15 Temporary Structures.. No tent, .shack or other temporary building,. improvement or structure shall be .placed upon the Property 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 the Property during any period of actual construction, which authorization, if given, shall include the nature, size, duration and location of such structure or structures. Declaration of Covenants, Conditions,. and Restrictions -Two Lincoln Place S 3.16 Unsightly Articles; Vehicles. 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 adjacenf to a street. 3.17 Mobile Homes, Travel Trailers. No mobile homes shall be parked or placed on any .Lot at anytime, and no travel trailers shall be parked on or near any Lot so as to be visible from adjoining property or public or private thoroughfares for more than forty-eight{48) hours. 3.18 Fences. 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 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 (24") above the ground. Notwithstanding the foregoing, the Architectural Committee is empowered to waive the. aforesaid height or setback limitation in connection with retaining walls arld 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 firom the general; appearance of the neighborhood. No chain-link fences-may be built or maintained on-any Lot. 3.19 .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 the Property.. 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 Pcopertyother 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 ofthe Property. No more than four (4) adult dogs and three (3):adult cats may be kept on a single lot. Ail domestic household petsshall be kept in strict accordance with all 1ocaJ laws and ordinances. '.3.20 Compliance with Provisions of Two .Lincoln Place Residential Restrictions, Each Owner shall. comply. strictly with the provisions of the Two Lincoln Place Residential Restrictions as the same may be amended from time to time. Failure to comply with any Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place of the Two Lincoln:. Place 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 any aggrieved Owner. Declarant, for Itself, its successors 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 enforcementshall not create an obligation of any kind to enforce the same. 3.21 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions containedln this Article III 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 anysuch restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance upon one or more of such restrictive convents, terms or' provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the tot, agrees to hold Declarant harmless therefrom. ARTICLE 4. RESIDENTIAL RESTRICTIONS 4.01 Residential Use. All Lots shall be improved and used solely for residential purposes Inclusive of a garage, fencing and such other Improvements as are necessary or customarily incident to residential use. No Owner shall occupy or use his Lot or any Improvements constructed thereon, or permit the same or any part thereof to be occupied or used for any purpose, including religious, other than as a private residence for', the Owner, his family and guests.. All Lots within the Property shall be used and improved solely forsinglefarnily.residential purposes, with no more than one (1) attached residential dwelling unit per Lot. Anything :herein to the contrary notwithstanding,any Lot may be used or .improved for .greenbelt, open space and/or drainfield purposes. No Improvement may be constructed upon any Lot hat would unreasonably obstruct the view from other portions of the Property, and the positioning of_alf Improvements upon Lots within the. Property is hereby expressly made subject to Architectural Committee review. The Archifectural Committee may, but shall not be required to, prevent or allow the construction of a proposed mprovement based upon tha 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 he Architectural Committee nor the members thereof shall be liable to any Owner in monetary darndges or otherwise due to the construction of any Improvement within the Property or the creating thereby of an obstruction to the view from such Owner's Lot or Lots. 4.02 Outbuildings. Every outbuilding, 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 itsdesign and material composition. All such buildings shall be subject #o approval by_tha 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. Declaration of Covenants, Conditions. and Restrictions -Two Lincoln Ploce 4.03 Building Height. No Improvement greater than thirty-two (32) feet In height may be constructed on dny 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 ridge line of the roof of the proposed Improvement. 4.04 Building Materials; Dwelling. Size. All single family. dwellings shall be of recognized standard construction quality, and al( exteriors {exclusive of doors, windows, and similar openings) shrill be constructed ofgt least seventy-five percent (75%) masonry or other material specifically approved in writing by the Architectural Committee. .Masonry includes ceramic-tile, brick, rock and all other materials commonly referred to in the College Station,- Texas area as masonry. Unless an exception is granted by the Architectural Committee, all single family ..dwellings shall contain not less than one thousand two hundred fifty (1,250) square feet. of :enclosed living space for dwellings constructed on lots, in all cases exclusive of porches (open or covered), decks, garages and carports. 4.05 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. 4.06 Set-back Requirements. No building shall be located or erected on a lot line, but there are no set-back requirements otherwise. For purposes of these covenants, the eaves of buildings shall. not be deemed to be part of a building or structure, but steps and porches shall be deemed to be a part of a building or structure. This Section shall not be construed to allow any building or structure to encroach upon another Lot. 4.07 Reserved Easement. Each Owner shall have and enjoy an easement seven and one-half feet (7.5') in width on the lot adjacent to the. building constructed on such Owner's lot for the .purpose of entering onto the adjacent lot in order to maintain, repair or improve said building, when reasonable-and necessary. ARTICLE 5. ARCHITECTURAL COMMITTEE 5.01 Membership of ArchitecturdLCommittee.The Architectural Committee shall consist of not .more than three (3) voting members ("Voting Members") and such additional nonvoting. members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting .Members of the Architectural Committee: David Scarmardo and Sam J. Campise. 5.02 Action. by Architectural Committee.. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members. 5.03 Advisory Members. The Voting Members may from time to time designate Advisory Members. Declaration of Covenants, Conditions. and Restrictions -Two Lincoln Place 5.04 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. .5.05 Declarant's Rights of Appointment, Until Declarant has less than fifty percent <50%) of the votes in the Association (the. Transition .Date), 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, 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, orany 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 . 5.06 Adoption of Rules. The Architectural Committee may adopt such procedural and substantive rules, noon conflict with this Declaration, as it deems necessary or proper for the pertormance of its duties, including but not limited to a building code, a fire code, a housing code, and other similar-codes. 5.07 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 ail of he Plans. and Specifications for the Improvement or proposal in question and ail .other facts which, in its sole discretion, are relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property orany portion thereof, the Plans and Specifications therefor 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 submitted for. approval. Upon receipt. of ail necessary information, the Architectural Comrrlittee shall consider and acfi upon any and all Plans and Specifications submitted for its .approval pursuant to this Declaration, and pertorm 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 my 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 prosper, consider whether any proposed Improvement upon a Lot would unreasonable 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 iandscaping,color schemes, exterior finishes and materials and similar features as to be incompatible with Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place residential development within the Property and the surrounding area. The Architectural Committee shall have the authorityto 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. 5.08 Actions of the Architectural .Committee. The Architectural Committee may, byresolution unanimously ddopted 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. n he 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. 5.09 No Waiver ofFuture Approvals. The approval or consent of the Architectural Commlttee of any:. Plans and Specifications for .any work done or proposed, or in connection with any other matterrequiring the. approval or consent of the Architectural Committee, hall 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. 5.10 Work in Progress. The Architectural Committee may at its option inspect all work in progress to insure compliance with approved Plans and Specifications. 5.11 Nonliability of 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 maybe. 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. 5.12 Address. Plans. and Specifications shall be submitted to the Architectural Committee in care,. of David Scarmardo, Post Office Box 4508, Bryan, Texas 77805,or in care of such other .person at such other address as may be designated by Declarant, from time to time. 5 13 Failure to Ac#. 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. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 10 5.14 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. 5.15 Governmental Agency Approval Nothing in this Declaration .shall be construed to relieve any Owner from securing uch approvals, certificates and/or permits as may be required by law in connection with .the construction. of any Improvements on any Lot. ARTICLE 6. TWO LINCOLN PLACE OWNERS ASSOCIATION 6.01 Organization. If at least filly percent (50%) of the Owners agree. in writing to do so, they shall form and incorporate 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 in consistent with this :Declaration. The following provisions of this Article b shall only apply in the event of the formation of the Association. 6.02 Membership. Any Person or entity upon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with. the ..property interest which qualifies the Owner. thereof for membership and membership may not be severed from, or in any way transferred, pledged, mortgaged,. or alienated except together with the title to the .said property interest. 6.03 Voting Rights. The right to cast votes, and the number of votes which may be cast, for eiection of directors to the Board on ail other matters to be voted on by the Members shall be calculated as follows: (A) The Owner,. whether one or .more (including Declarant) of each Lot within the Property shall have one vote for each Lot so owned. (B) In addition to the votes to which Declarant is entitled by reason of Subparagraph (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, total in the aggregate sixty-six and two-thirds percenfi (66 2/3%) of the total number ofvotes outstanding under Subparagraph A. Thereaffer Declarant shall have only the votes, if any, to which it is entitled under Subparagraph (A) of this Section. 6.04 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 Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place Il of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which maybe necessary or proper for or Incidental to the exercise of any of the express. powers granted to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two.preceding sentences, the Association, and the Board acting on behalf of the Association, shall have the following powers and authority at all times: (a) Two Lincoln Place Rules and. Bviaws. To make, establish, and promulgate, and nits discretion to amend or .repeal and re-enact such Two Lincoln Place Rules and Bylaws, not in conflict with this Declaration, as it deems properto address any and alf aspects of its functions, (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 VII below. (E) Right of Entry and Enforcement. To enter at any time in'an emergency, or in anon-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 Two.Lincoln Place Residential Restrictions or for the purpose of erecting, maintaining or repairing any Improvement to conform to the Two Lincoln Place Residential Restrictions, and the expense incurred by the. association in connection with the entry upon any Lot and the work conducted thereon shall be a personal obligation of the' Owner of the Lot entered upon., shall be a lien upon the Lot entered on and Improvements thereon, and shall be enforced in the same manner and to the same extent. as provided in Article VIII hereof for regular and special Assessments. The Association shall have the power and authority from time to'time, in its own name and on its own behalf, or in the name'of and on the 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 breach or threatened breach, of the Two Lincoln Place Residential Restrictions. The Association is also authorized to settle claims, enforce liens and take all such actions as it may deem necessary or expedient to enforce the Two Lincoln Place 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. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 12 (G} Delegation to Committees. To set up one or more committees as authorized by the Texas Non-Profit Corporation Act, as the same is amended from time to time. (H) Employees. To engage such employees as may be reasonably necessary in the management of the Association and the performance of its duties. 6.05 .Landscape and Maintenance. The Association shall be authorized to landscape, maintain, and repair easements, rights-of-way, common. areas, entry ways, sidewalks, paths, trails,.. detention ponds, lakes, and other areas of the Property, as appropriate. 6.06 Common Areas. (A) Subject to and in accordance with this Declaration,theAssoclation, acting through the Board, shall. have the. following duties: (1) To accept, own, operate, and maintain ail Common Areas which may be conveyed or leased to it by Declarant, together with any Improvementsof 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 notelevied directly upon individual Members of the Association. The. Association shall. have all rights .granted by law to contest the legality and the amount of uch taxes and assessments. (3) To execute mortgages, both construction and permanent,. 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' my 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 Declarantor the Association, on the lmprovernent to be constructed, together with such underlying and surrounding lands as the borrower deems appropriate. The debt secured by such mortgage or other security Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 13 instrument may. be retired from and secured by the revenues generated by dues, use fees, assessments or .Members, or otherwise, or any combination thereof, as may be deemed. appropriate by Declarant or the Association, as the case maybe, 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 6.04 of this Declaration, the Association,. acting through the Board, shallhavethe 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 he purpose of constructing, erecting, operating or maintaining the following:. (a) Parks, parkways or other recreation facilities or structures; (b) Roads, streets, walks, driveways,. trails, and paths; (c) tines, cables, wires, conduits, pipelines or other means of providing utilities; (d) Sewers, water systems, storm water drainage systems, sprinkler systems, and pipelines; and/or (e) Any similar public, quasi-public or private improvements. Nothing contained in this .Subparagraph, however, shall be construed to permit use or occupancy of any Common Area or Improvement in a way that would violate applicable use and occupancy restrictions imposed by .other provisions of this Declaration, or by any statute,. rule, regulation, ordinance or other iaw of any governmental entity, including but not limited to rules and orders of the Texas Water... Development Board, Texas Water Commission, and any flood plain., industrial waste or other ordinance of the City of College Station. (2) To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services, and maintenance for the property of the Association. (3) To pay for any other services necessary or proper in the performance of Association functions, and to pay for any other taxes or assessments that the Association or the board is required to secure or to pay for pursuant to applicable law, .the terms of this Declaration, or the Articles or Bylaws of the Association. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 14 (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. (b) To enter into contracts with Declarant and other persons, on such terms and provisions as the board shall determine, to operate and maintain any' of the Common Areas or to provide any service or perform any function on behalf of Declarant or the Association in connection with the purposesof the Association. (7) To acquire and own. and to dispose of all manner of real and personal property, whether by purchase, grant, lease, gill or otherwise. 6.07 Indemnification.. The Association shall indemnify any director, officer, or member of a committee duly appointed pursuant to the Articles or Bylaws who was, is or is threatened to be made. a named .defendant or respondent in any threatened, pending, or completed action,. suit or proceeding whether civil, criminal, administrative, arbitrative, or investigative, any appeal in such an action, suit or .proceeding, and any inquiry. or investigation that could'lead to such an action, suit or proceeding (hereinafter a "Proceeding") by reason of the fact that such person: is or was a director, officer or member of such a committee 'of .the Association, against ail Judgments, penalties (including excise and similar taxes), fines, settlements, and reasonable expenses actually incurred _by the person in connection with any uch proceeding to the fullest extent permitted by the Texas Non-Profit.Corporation Act, as amended and in effect from time to time. Such authorization ofi indemnification shall be deemed to be mandatory and deemed to ..constitute authorization of indemnificat(on and advancemenf of expenses to; the fullest extent permitted by the Texas Non-Profit Corporation Act, as amended and in effect from time to time. ARTICLE 7. MISCELLANEOUS 7.01 Term. This Declaration,. including all of the covenants, conditions, and restrictions hereof, shall run until July 1, 2024, unless amended as herein provided. After July 1, 2024, this Declaration, including all such .covenants, conditions, and restrictions shall be automatically. extended for successive period of ten <10) years each, unless amended as provided in Section 7.03 .below or terminated by a written instrument executed by the Owners of at least. three-fourths (3/4) of the Lots within the property then subjecf to this Declaration, filed of record in the Official Records of Brazos County, Texas. Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 15 7.02 Amendment, (A) By Declarant. This Declaration may be amended bythe Declarant, acting alone, until August 1, 1996, 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 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 7.02 (A), after August 1, 1996; this Declaration may be amended by the recording in the .Official Records of Brazos County of an instrument executed and acknowledged by at least sixty percent 60% of the. Owners setting forth the amendment and certifying that such amendment has been approved by at least sixty .percent (60%) of the Owners, 7.03 Notices. Anynotice permitted or required to be given 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) offer 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. 7.04 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 and governed under the- laws of the State of Texas. 7.05 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction oYthe Architectural Committee. Without in any way. limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the righf of Declarant to excavate and grade, to construct and alter drainage .patterns and facilities, to construct any and ail other types;of Improvements, sales and. leasing offices, and similarfacilities,and to postsigns incidental to construction, sales, and leasing anywhere within the Property. 7.06 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. Declaration of Covenants, Conditions, 16 and Restrictions -Two Lincoln Place 7.07 Enforcement and Nonwaiver. (A) Right of Enforcement. Except es 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 Two Uncoin Place 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 Two .Lincoln Place 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 shalt 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. 7.08. Construction. (A) Restrictions Severable. The provisions of the Two .Lincoln Place 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. IJnless`the context requires a contrary construction, the singular. shall include the :plural and the plural the singular, and the masculine, feminine or neuter shall each include the masculine, feminine, and neuter. (C) Captions. All captions and titles used in his 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. (D) 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. (E) Choice of Law. This Declaration shall be construed in accordance with the laws of the State of Texas. Declaration of Covenants, Conditions, and Restrictions -Two LincolnTlace ~ 1 ~ IN WITNESS WHEREOF, Declarant has executed this. Declaration as of this ,~.~ day of November , :1994 ~ / /~ A SAM J. CAMPISE ~ U STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the ~ day of ~DU2~ 199q , by DAVID SCARMARDO. :°''"r~`"~~. CAMILLE SCRAPER Notary Public, State of Texas rr+ycoR,R,,aa,o„~,~te, Notary Public, State of xas .-.. r~. ',t~~ti+ QCT. 27,1998 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the ~°`day of ~~~~~~ 199,, by SAM J. CAMPISE. c ~~te~~a~.t~ Notary Public, State of T as ~`MY~; CAMIL,LESCHAFER • '"~ ~ '~ Publla, State of Texas '?~~~`s}pe: ~Ior1E~ItsB Declaration of Covenants, Conditions, and Restrictions -Two Lincoln Place 18 i