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Home My WebLink AboutLegal Document~. ' r. .:: ~884D4 JAN 2 3 I984 ~'~ ~~. ix eoR~[ ' DECLARATION OF COVENANTS, CONDITIONS ~,,,~, ~. ' AND RESTRICTIONS ' TfLIS DECLARATION, made this~ \ day of May, 1983, by Shenandoah Joint Venture a Texas J! nt V enture, hereinafter called Developers W I T N E S S E T H: WHEREAS. Developer is the owner of real property described as: Being all that certain tract or parcel of land in the Robert Stevgnaon League, Abstract No. 54, Brazos County. Texas, eontain- ' ing 159.382 acres and being particularly described upon Exhibit A, ~ attached hereto for all purposes as though set out verbatim ., ~~ , hereins and WHEREAS, Developer desires to provide for the preservation ' of the value and amenities in said residential community and for ~ the maintenance of any open spaces and common facilities. and to ,~ ~~' ,this end. desires to subject the real property described herein- , aboge together with such additions as may hereafter be made ' thereto (as provided in Article II) to the covenants, restric- ' tiona, easements, charges and liens. hereinafter set forth, each ' ~ and all of which is and are for the benefit of said property and each owner thereofs and .~ ~ ~ WHEREAS, Developer has deemed it desirable. .for the efficient ' ,,~, ,,preservation of the value and amenities in said community, to ~_ create,an agency to which should be delegated and assigned the `.~ pQwe~~ of maintaining and administering the community prapertiea and facilities and administering and enforcing the covenants and ... rea,trictions and collecting and disbursing the assessments and r charges hereinafter created] and ,~ WHEREAS, Developer has incorporated under the laws of the ,' , , State of Texas. as a non-profit eorporation, The Southern Plantain ' tion Homeowner's Association. for the purpose of exercising the ' functions aforesaids '', NOW, THEREFORE, the Developer declares that the real property described hereinabove~ and such additions thereto a8 may hereafter •+ be made pursuant to Article II hereof, is and shall be held, i VOl 6-'~J PFLE.,~H ' , ~' 19 ~ ~: i .~ I f transferred, sold, conveyed and occupied subject to the covenant's, restrictions, easements. charges and liens (sometimes referred to i as "covenants and restrictions") hereinafter set forth. ° , ARTICLE I ' DEFINITIONS Section 1. The following words. when used in this Declare- ~~®me.°- s•o tion shall means (a) "Association" shall mean and refer to The ~ ~, Southern Plantation Homeowner's Association. ,i (b) "The Pro ertiea" shall mean and refer to ~. a suc ex st ng properties, and additions , thereto,. as are subject to this Declaration. (c) "Common Pro erties" shall mean any tract of ' lan escr a as such and intended to be devoted to the common use and enjoyment of the owners of The Properties. ~. (d) "Lot" shall mean and refer to any plot of land ` sFiown upon any recorded subdivision map of The Properties with the exception of any Common Properties as heretofore defined. ,,y ' (e) "Livid" shall mean and refer to any por- t~ion off ~-a~~uilding situated up~cm The Properties ' designated and intended for use and occupancy as a residence .by a single family. " " (f) "Owner" shall mean and refer to the record ' owner, whether one (1) or more entities, of ~ ' the fee simple title to any Lot or Living Unit situated upon The Properties but, not- withstanding any applicable theory of mortgage, shall not mean or refer to a mortgagee unless and until such mortgageq has acquired title ~ , ' ursuant to foreclosure or any proceeding in lieu of foreclosure. (g) "Members" shall mean and refer to all those ~ ' Owners who are members of the Association ae ° provided in Article III, Section 1, hereof. ~ .•' ,, ARTICLE II '. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Existing Property. The real 'property which ls. ' and shall be. held, transferred, -sold, conveyed, and occupied subject to this Declaration is located in the .State of Texas®, f County of Brazos, and is particularly described above. Section 2. Additions to Exiatintt Property. The Developer, ~i its successors and assigns, shall have the right to bring }~rithin the scope of this Declaration additional properties thereby }E t • ,, ' e sub3ecting such additional lands to this Declaration. by filing . , ' of~record'a Supplementary Declaration of covenants and restric- ~ tiona with respect to the additional property which shall extend the.acope of the covenants and restrictions of this Declaration ' ~ .to such property. ~, Such Supplementary Declaration may contain such complemen- ~ tary additions and modifications of the covenants and restric- tions contained in this Declaration as may be necessary to i ~ ', ~ ~ ieflect'the different character, if any, of the added properties and as are. not. inconsistent with the scope of this Declaration. ' In ,no event, however, shall any such Supplementary Declaration revoke. modify or add to the covenants established by this Declaration within the existing property.. ARTICLE III ~I ~ ~ MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ' ~ , Section 1. Membership. Every person or entity being a '~~ record owner of a fee or undivided fee interest in any Lot or i Living~,Unit shall be a Member of the Association, provided that any such person or-entity which holds such interest merely as f ~ secur'ity'for the performance of any obligation shall not be a 4 ~ ~ Member. Section 2. Voting Rights. The~Asaociation shall have two ,~ (2) classes of votiag membership= Class'A. Class A Members shall be all those owners as 1 ~ i' ~~ defined in Section 1 with the exception of the Developer. Class A Members shall be entitled to one (1) vote for each Lot or ,~ ~ ~4.iving Unit in which they hold the intereata required for member- I~ ship by Section 1. When more than one (1) person holds such 'j interest or. intereata in any Lot or Living Unit all such persons ~i shall be Members. and. the vote for such Lot or Living Unit shall ,. ~ be exercised as they among themselves determine. but in no event i shall more than one (1) vote be cast with respect to any such Lot ~ ~ or Living Unit. i •~ ~ ' ' ~ ' "6~3 . ' VOL P6GE~~O -3- .. .... .. ~ . -..-- ~__ _ ~ _ --__ . --__ - - _~~~~~4 _ ,..._ . T._____--.-- - ~ ,. a.••• .. f. .. Class B. The Class B member shall be the Developer. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership by Section , 1 and for every Living Unit owned by it until such Unit is firat~ , sold or leased. provided that the Class B Membership shall cease ' and become converted to Class A membership on the happening of ' any of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A member- e ship equal the total votes outstanding in the Class B membershipi,e, I or (b) June 30, 1986. From and after the happening of these events. whichever ', ' a~ occurs earlier, the Class B Member shall be deemed to be a Claaa A Member entitled to one (1) vote for each Lot or Living Unit in which it holds the interests required for membership under o Section 1. -•• , For purposes of determining the votes allowed under .this,,,... Section when Living Units are counted, the Lot or Lota upon which such Living Units are situated shall not be counted. Section 3. Members Meeting. ~ ~ (e) There shall be an annual meeting of the Members of the , Association. The first annual meeting will be held on the firs.t,~ Tuesday in July, 1983, and Developer will notify all Members ~t least one (1) week in advance of the exact time and place. • Subsequent annual meetings will be determined by the Board of Directors and provided for in the Bylaws. • (b) The initial Board of Directors shall serve until said annual meeting. at which time a new Board will be elected by majority vote of Members voting. The Board of Directors shall consist of at least three (3) persons. and not more than nine (9), as will be determined by Members voting at the first annual meeting, and subsequently, as will be provided in the Bylaws. , (c) The Board of Directors shall be responsible for the affairs of the Association and shall adopt such Bylaws and -4- • von G~3P~L~321 ~' .. _, .. - ~ l a ~i regulations as necessary to Barry out its functions, but cannot adopt Bylaws or regulations which are contrary to provisions as set out herein. ARTICLE YV ' PROPERTY RIGHTS IN THE COMMON PROPERTIES •~~~~ '~ Section 1. Members' Easements of Enioyment. Subject to the provisions of Section 3 of this Article. every Member shall have ' a ~ight.,and easement of enjoyment in and to any Common Properties ,and such easement shall be appurtenant to and shall pass with the . ~ title to ,every Lot or Living Unit. Section 2. Title to Common Properties. The Developer may retain the legal title to any Common Properties until such time ~'as it,~as cowpleted improvements thereon and until such time as, in the opinion of the Developer, the Association is able to ` maintain the; same, but notwithstanding any provision herein. the '~ Developer hereby covenants for itself, its successors and assigns, that it shall convey any Common Properties to the Association not liter than December 31. 1986. Section 1. Extent of Members' Easements. The rights and ea,aementa of enjoyment created hereby shall be subject to the •~ ,' fmllowinga ~•~ (a) The right of the Developer and of the Association, in '~ accordance with its Articles and Bylaws, to borrow money for the ` purpose of improving any Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any ~ such mortgage the lender shall have a right. after taking pos- ~'~ •aesaion of any such properties. to charge admission and other ~. ~ fees a8 8 condition to continued enjoyment of 'such properties t until the mortgage debt is satisfied whereupon the posasssion of ~ 'such properties shall be returned to the association and all iighta of the Members hereunder shall be fully reatoreds and,` (b) The right of the,Asspciation to take such steps. as are reasonably necessary to protect the above described properties ' against~foreclosuret and (c)~, The .right of the Association, as provided in its. Articlea~and Bylaws, to suspend the en,oyment right• of any Member for any period during which any assessment remains unpaid, and for any period not to exceed sixty (60) days for any infrac® tion of its published rules and regulationat and. ' (d) The right of the Association to charge reasonable admission and other fees for the use of any Common Properties, and (e) The right of the Association to dedicate or transfer all or any part of any Common Properties to any public agency, ' authority. or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedications as may be agreed to by the Members, provided that no such dedication or transfer, or determination as to the ' purposes or as to the conditions thereof shall be effective unless an instrument signed by Members entitled to cast two®thirda (2/3) of the votes of each class of membership has been recorded, ' agreeing to such dedication, transfer. purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in~ advance of any action taken. ARTICLE V , COVENANT FOR MAINTENANCE ASSESSMENTS ~4. Section 1. Creation of the Lien and Personal Obligation of • Assessments. The Developer for each Lot and Living Unit owned~by ~' it within The Properties hereby covenants and each Owner of any~~ ' Lot or Living Unit by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed 'or other conve}r-, , ance, shall be deemed to covenant and agree to pay to the.Aaso~ ciationi (1) monthly assessments or chargeat (2) special assessments for capital improvements, such aeaessmenta to be fixed. established and collected from time to time, as hereafter provided. The monthly and special'assesaments, together with ° such interest thereon and costa of collection thereof as herein- • ~ ,, .. • • , , . ,,,, .. ~ • ~ .. -- +i ,~ after provided, shall be a charge on the land and shall be a i ' continuing lien upon the property against which such assessment ' ie made. Each sucb assessment, together with such interest ' thereon and„coat of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied i ,~ ' b~ the Association shall bs used exclusively for the•purpose of ~. ' .promoting the recreation, health, safety. and welfare of the residents in The Properties and in particular for the improvement ~.• atld maintenance of properties. services, and facilities devoted ~ ,~ ~ to this purpose and related to the use and enjoyment of any on Properties and of the homes situated upon The Properties, C omm • is and Maximum of Monthly Assessments. Until B as Section 3. • the year beginning January 1. 1985; the monthly assessments on R ' TWENTY-FIVE AND NO/100 DOLLARS (S25.00), ~ ~? each Lot shall be ~~~ •beginning on the first day of the month following the date of s _; • purchase. Excepted from such assessment shall be lots owned by ev #, Developer and lots owned. by a professional builder who purchased _ ;; i 'such lots for residential construction and is actively pursuing j ' such construction and sales. From and after January 1, 1984. the ~' monthly assessment may be increased by vote of the Members, as ~` hereinafter provided for the next succeeding three (3) years and r ' at the end of each such period of three (3) years for each ~: succeeding period of three (3) years. The Board of Directors of the Association may. after consid® ' ~ erati,on of current maintenance costa and further needs of Tt-e G I' '-' ~ ~ Association. fix the actual assessment for any period year at a f leasez amount. ~ ' For the purpose of figuring the amount of assessment, where j i ~~ a single family zesidential unit is constructed on more than; ne i ' ~ lot. (as lot is shown by recorded plat), then and in that event. ~: ' , ~ ; u ose of assessment, considered as such unit shall be. for the p rp '' !i ~ ` one 'lot. and the Owner of such unit shall not be entitled to more E; 3 ~ ' ' • than oas vote. . , ~, , ' V~~ 6~3F~~~32.4 _,- ' 1 ' ~' ~ ~ ,,s. ~.. Section 4. Special Assessments for Capital Improvements. i In addition to the monthly assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment. applicable to that year only. for the purpose of defraying in whole or in part. the coat of any construction or ' reconstruction, unexpected repair or replacement of a described ' capital improvement upon any Common Properties .. including the ~' necessary fixtures and personal property related thereto, provid- ", ed that any such asaeeament shall have the assent of two-thirds ~ (2/3) of the votes of each class of Members who are voting in ~, , person or by proxy at a meeting duly called for this purpoae~• written notice of which shall be sent to all Members at le~et I thirty (30) days in advance and shall set forth the purposs df the meeting. ~ ~' Section S. Change in Basia and Maximum of Monthly Aasess• ments. Subject to the limitations of Section 3 hereof, and for , the periods therein specified. the Association may change.tha . maximum and basis of the assessments fixed by Section 3 hereof ••0 (prospectively) for any such period provided that any such change, shall have the assent of two-thinda (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which ' shall be sent to all Members at least thirty (30) days in advanca~ ~, and shall set forth the purpose of the meeting. Section 6. Quorum for Any Action Authorized Under Section 4 and S. The quorum required for any action authorized by Seetion~ !.. 4 and S hereof. shall be as follows: ~. At the first meeting called, as provided'in Section 4 and S ~ hereof, the presence at the meeting of Membeza or of proxies, ,~ ,'~. entitled to cast sixty (60) percent of all the votes of each ' class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting. another meeting may be', ,. called, subject to the notice requirement set forth in Sections 4t and 5, and the required quorum at any such subsequent meeting ' ,i . • V~~ 643 PR4:325 , ~ , -8- ~ ~ ~.~. ,. ~ r ~ I'; shall be one-half (1/2) of the required. quorum at the preceding .meeting, provided that no such subsequent meeting shall be held I ~ '~.~ ''more than sixty (60) days following the preceding meeting. ~~ ~ ~ Section 7. Date of Commencement of Special Assessment. The ' 4 h reof shall be '; ;~ ;.::;' is . ,~ ~; c ~•. ;; . ~c ' ~~ ,' ,~ :'! ,~ 5 a- ,' ;~ due date of special assessment under Section e fixed in the resolution authorizing such assessment. Section 8:• Duties of the Board of Directors. The Asso- Qiation shall upon demand at any time furnish to any Owner liable ~'~ ~~.for said assessments a certificate in writing signed by an • officer of the Association, setting forth whether said assessment ' has been paid. Such certificate shall be conclusive evidence of ' ~ payment of any assessment therein stated to have been paid. ' Section 9. Effect of Non-Payment of Assessments; The Personal Obli anon of the Owner The Lien Remedies of the Association. If the assessments are not paid on the date when ' due.~then such assessment shall become delinquent and shall, • together with ouch interest thereon and coat of collection therepf as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the bands I ' of the then Owner, his heirs. devisees, personal representatives and. assigns. The personal obligation of the Owner to pay such ' assessment, however, shall remain his personal obligation for the statutory period and shall not pass to hie successors in title ' ' unless expressly assumed by them. ~ ,. ' ~~ If the assessment is not paid within thizty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of ten (10) percent per annum, ' and the Association may bring an action at law 8gainst the Owner pe;sonally obligated to pay the same or to foreclose the lien • against he property, and there shall be added to the amount of • such assessment the costs of preparing and filing the complaint ' ~ ' ~ d ent is obtained such { ~ ;` ;: ., ., • i~ such action. and in the event a ju gm 3uclgment shall include interest on the assessment as above ' provided and a reasonable attorney's fen to be fixed by the Court togathar with.the costs of the action. ' . ,, V~~ 643 FR~~326 •, . ..,, ~~ . _} ,. , . .._ , -9- I ' ° 1° Section 10. Subordination of the Lien to Mortgages. The ,, lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgagee now or hereinafter placed upon The Properties subject to assessments provided, however. that such subordination shall apply only to the asseee® ~• ~ ments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure or l0 5 e'. any other proceeding in lieu of foreclosure. Such sale or , transfer shall not relieve such property from liability for any ~ assessments thereafter becoming due. nor from the lien of any such subsequent assessment. ° Section 11. Exempt Property. The following Property subject to this Declaration shall be exempt from the assessments,• charges and liens created herein: (a) All properties to the extent of any easement or other interest therein dedicated and accepted by the local public s authority and devoted to public user _ (b) ~,y Co~non Properties as defiaed hereint ~~ (c) All properties exempted from taxation by the laws of ,° the State of Texas upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein. no land or improve® use shall be exempt from said asaeas0 ments devoted to dwelling menta. charges and liens. ARTICLE VI ,. PARTY WALLS ° Section 1. General Rules of Law to Apps. Each wall which is built as part of the original conatruction~of the homes up®n The Properties and placed on the dividing line between the Lota shall constitute a party wall, and to the extent not inco~aiatent~ with the provisions of this•Article. the general rules of law regarding party walla and of liability for property damage due t° 1 negligent or willful acts or omissions shall apply thereto. ~~ 1 NY -•I .~_... _. _._. ..____. __.__. _. _ ___~__~ _- _~_ i i. '_~~...~ ...~_...~~_. ... _.. ._~..__._~. .__a__~~__.__ _._ d o ~ ~' 1 ~ 1 ~ ~ , ~ i , _^ I i i i Section 2. Sharing of Repair and Maintenance. The cost of ~ i ~ , I 'reasonable repair and maintenance of a party wall shall be shared i , , by the Owners who make use of the wall in proportion to such use®. ' . Section 3. Destruction by Fire or Other Casualty. If a !; ~ , party'wall'is destroyed or damaged by fire or other casualty, any '; Owner who 'has uead the wall may rastora it. and if the other i ' Owners thereafter make use of the wall. they shall contribute to ; , • the, cost of restoration thereof in proportion to such use without ! ~ prejudice. however. to the rights of any such Owners to call for a larger 'contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. ' Section 4. Weatherproofing. Notwithstanding any other I provisions of this Article, an Owner who by hie negligent or I willful act causes the party wall to be exposed to the elements ~ ~ ' shall bear the entire coat of furnishing the necessary protection , ,. '. against such elements. Section 5. Right to Contribution_Runs With Land. The right of any Owner to contribution from any other Owner under this •~ : Article shall be appurtenant to the land and shall pass to such ; ~ o ' Owner's successors in title. ' ~ ~ I ~ Section 6. Arbitration. In the event of any dispute ' i ' arising concerning a party wall, or under the provisions of this j ' ~ Article. each party shall choose one (1) arbitrator, and such j ,, arbitrators shall choose one (1) additional arbitrator. and the • ~ decision of a majority of the arbitrators shall be final and ~ concluai~ia of the question involved. , ARTICLE VII ARCHITECTURAL CONTROL COMMITTEE Section 1. Review by Committee. No building. fence, wall i o~C~other structure shall be commenced. erected or maintained upon ! ,~ The.Propertiea, nor shall any exterior addition to or change pr ~~ alteration therein be made until the plane and specifications • ~ ''showing the nature. kind, shape, height, materials. and location of the same shall Nava been submitted to and approved in writing . , ~a~ '643 PRGE328 ~ -11- ~ , , „ - ... :.. ~- • _: 9 ~.~ ~. ---- . . ~•= I i ~ i ~_ ' w ,` I i ,f 1 ., i ~_ ~ j jj, ~ 1 j ~•i 1j I~ 1 by the Architectural Control Committee as to harmony of exterior. at2yctures and design and location in relaYa1 ControlrCoyomittee shall be com- ' topography. The Architectu posed of three members whose names and addresses are as follows: ' encer Wendt 3011 BeoSCationlvTexae 77840 s James SP Colleg Philip E. Blackburn. Jr. College Station.STexas 77840 1512 Texas Ave. S. ,i David Foster Bryan. Texas 77801 Any two members will constitute a quorum and the. vote of any t~ will control the action of the eommittee. In the eve~iningeath ~ or resignation of any member of the committee. the r to designate a successor:; If , members shall have full authority fails to give • or a desi ated repreaentative~ the Committee, ~ royal within thirty (30) days after ;, ~ ~ ~. written approval or disapp which , plans and specifications have been submitted to it. , submission shall be at least seven (7) days Prior to obtaining a ' if no suit to enjoin the building permit. or in any event. rior to the completion of the , construction has been commenced P uired and the provision; of improvements approval will not be req this Article will be deemed to have been fully complied,with• The above named Committee members or their appointed Succea-° eriod of ten (10) years,from sore shall. continue in office for a p ~ , date of recording of this instrument en$OB~a flDirectorsa® f the Brazos County. Texas. Thereafter. th , Association shall appoint a committee of at least three (3) individuals who are members of the Association to act as and carry on the functions and duties of said Architectural-Control Committee for such term or terms and in such manner as the Board of Directors shall direct. Until such appointment of successors by the Board. the above named members and the successor, they appoint shall continue to serve. , ~~~ 6~3PR<<3~9. _,. _ .. ------- . / ' 1 - 1 '~ ~ ®_ ARTICLE VII-A ~~ ~„ ~ '. ADDITIONAL COVENANTS AND RESTRICTIONS • , Section 1. Covenants and Restrictions on Lots. ~; ',(8) Land Use. All lots shall be used for residential i .~ ',; pu;posea only, and no building shall be erected, altered, or placgd or permitted to remain on aI-Y lot other than a single ' 'family dwelling not to exceed two stories in height and a private garage for not more than two (2) automobiles. (b) .Minimum Floor Area and Exterior Walls. Any residence ' constructed on said lots moat have a heated/cooled area exclusive ~' of 'open or screened porches. terraces, patios, driveways, car- ',' pp~ts, and garapea of not fewer than the number of square feet prescribed with respect to the following lot designation. The ' Patio lots, being Lota 1 - 16, Block 1, Lots 1-7, Block 2. Lots ,~ +~, 1-8 Block 3, and Lote 1-7, Block 4 shall have a minimum o e Thousand (1,000) square feet. and the acceptability of proposed i ,' ~ ,, improvements shall rest totally within the sole discretion of t e ' architectural control committee. Lots 9-14, Block 3, Lots 22-27® Block 5 Lots 1-5 and Lots Btoc1~,4, Lota 1-12 and Lote 41-52, 18-22, Block 6, Lots 1-13, Block 7 and Lots 1-4, Block 8 shall haae a minimum of eleven hundred (1100) square feet. Lots 40-49, ~~ Block 7, Lota 17-20, Block 8, Lota 1-16 and Lots 30-39, Block 10 and Lots 1-10, Block 11 shall have a minimum of fourteen hundred ,' ~~1400) square feet. ~ to 1-34, Block 14, Lots 1-9, Block 15 and Lots 1-9, Block. l6 shall have a minimum of sixteen hundred (1600) square feet. The exterior walla of any residence shall consist of ,not less than fifty (50X) percent brick construction and any ' ,•~ residence constructed on a corner lot shall have brick walls ~' facing both streets. Any residence to be constructed with aiding as a portion of the exterior, walls sball have a minimum aiding thiclrnesa of ,l i hths (5/8) inch or s comparable aiding specially approved i i i f Avg-e-g - - --~ ~' ,by the Architectural Control Commission and shall be nailed at ;a ~ ~' ~' '~ maximum .of aizte_.en (16)__inches on center.._ . ,. ~: ~ ,.. von 6,~3 rFC330 ' -13- _ . _- _. ' - - I; . i All dwelling units shall• have a fully sodded front lawn. and ~, ~ which shall be installed prior to final inspection in the absence of written ACC consent to the contrary, All such installations' shall be maintained by the builder prior to occupancy and the ~ ' owner after occupancy. Failure to ao maintain shall give the Homeowner's Association the right, is its sole discretion. tq ,' perform maintenance and charge all attendant•expenssa to the ~~ ~' builder os owner, as the case may be. and collect same as pas't'of the assessment against that particular lot or lots. j (c) Set Backs. Minimum building set back lines shall be i those shown on the recorded plat of said addition appearing of ' record in Volume ~~ Page ~~ Deed Records of Brazos County. ~ Texan. No building shall be located nearer than 3' to any '' interior lot line. except when such Interior lot lino 1s adjacent and adjoining any Common Properties as defined in Artlcls I, Section 1 hereof. which in such events there is to be no side ' _. s yard requirement. Provided however, the subject property shall at all times be subject to any legally adopted aide yard require- ~,. ments of the municipality or other governmental authorities wh#qh ~ _ i f have jurisdiction over the subject property. ~ , (d) SiAne. No sign of any kind shall be dieplayed.'erlet®d ' ~ ~ ~ i or maintained on any Lot. or Common Properties except one (1) sign j of not more than five (5) square feet advertising the property for sale or rent, or signs used by a buildez to advertise~tha' ~ ~ property during construction and sales. or signs used by ° Developer in connection with the development of the aubject'~' ~~ j property, , ' (e) Animals. No animals. livestock or'poultry of any kind " „ I shall be bred, raised. or kept on any Lot or Common Properties, except dogs, cats, or other household pets may be kept. provided they are not kept. bred or maintained for any commercial purpose. , R The City of College Station leash law as now in effect and 'as ~ may, from time to time be amended is hereby adopted and enforce- ~ ~ able as a portion of these restrictions. ,, ,' , ~. ',~ ~ e, -14- ~~~' 643PR~~33~ ' ...... , .. __ _. _-_ _-. __._ _ -_ e....~:... J ~---- - 1 ' ~ , i .~ i ' (f) No Lot or any part thereof shall be used for illegal or ,~ immoral purposes. ~: ,: ,, , , (g) Other Buildinsts. No structures of a temporary charac- tfi, mobile home, house trailer, truck body, basement, tent, -~ shack, garage, barn, or other outbuilding shall at any time be ,1 A.µ '' used as a residence, nor shall any residence of any temporary ,character be permitted. 1 ,' , I'(h) Old BuildinAS. No structure shall be -moved onto any . ~ ~. { ~ residential lot. !{ ' '~ (i) Re_ ntals, Reating•to roomers or to a second family occupying the Lot is prohibited. • • ~ ~ ' (j~).. ~-nt_ ennae. No television or radio antennae shall be • ,~ erected oz maintained on any lot ,except as approved by the Committee. . ~ (k) Yards,' All yards of a dwelling shall be maintained so '~ as to be an aesthetic asset to the dwelling. ~ (1) Maintenance of Lota, No Owner of any Lot, either • vacant or improved, shall permit such Lot to be unmaintained, and no weeds or grass shall. be permitted upon any Lot in excess of ° •~ ' ~ e • ~ ~~ ~ eight (8) inches in height. m ', (m) Easements. The use of easements as shown. on the plat ', ~ is granted to the City of College Station and the various utility 'companies franchised in the City of College Station for the ' purposes of drainage] the location of sanitary and storm sewer ' lines= the location of gas, water, television, electrical and ' telephone lines and conduits, and the maintenance thereof. (n) Mininst. No quarrying or mining operations or mineral ' extractions of any kind shall be permitted upon or in any Lot, ~ nor shall an t y ype of wells. tanks, tunnels, mineral excavations. or shafts be permitted upon or in any lot. No derrick or other '" structure designed for drilling shall be erected, maintained, or Ii ~ permitted upoa any Iot. Excepted from the provisions of this ! paragraph shall be Lot Forty (40), Block Ten (10). ~ 1~, (o) Garbaste Cana. No garbage cans or refuse containers r .. ' ~s~all be placed or permitted to remain at the front of a dwelling !, ~ either within the street or upon the~Lot or eommon area, except '~ ~' : -ls- 4.. t ., - - .. . ~ __-. _. ' 1 . ~ ~ • ~ ~ ~. • ..._ ~ _ ~.e ~~,~_ _. ,~. i i ~.; i .. i i - A , i f Except on days for collections as set out above,-said cans or containers will be kept in a place that is not subject to public . view. ~ y (p) No truck, boat, bus, house or trawl trailer may be i kept upon a lot unless it is concealed from public view nor shall I they be kept upon the Comeson Property, or any dedicated Street within the Properties. upon those days scheduled for garbage and refuse collection by the City of College Station or a privately contracted collector. ARTICLE VIII • Section 1. Duration. The covenants and restrictions pf ' this Declaration shall rue with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or' the Owner of any land subject to this Declaration, their respec- tive legal- representatives, heirs, successors. and assigns, for a. ~° term of twenty (20) ysara from the date this Declaration is , recorded. after which time said covenanta.ehall be automatically s extended for successive periods of ten (10) years unless an ~ ••. instrument signed by the then-owners~of two-thirds (2/3) of-the 4 Lots or Living Units has been recorded. agreeing to change said I• covenants and restrictions in whole or in part. For purpose of ~ °'. meeting the two-thirds (2/3) requirement. when Living Units are , counted. the Lot or Lots upon which such Living Units are situ- ated shall not be counted. Provided. however, that no such ~ , agreement to change shall be effective unless made and recorded ~' one (1) year in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of'any action taken. Section 2. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declarationyshall'be' deemed to have been properly sent when mailed, postage prepaid,. to the last known address of the person who appears as a Member ~ or Owner on the records of the Association at the time of such , • ,, ` .mailing. • ~ . : ~ v~~~ 6~}3PR~~33~~ " . • -16- ' ,. • ~ .._ .. ~ ., ~ , t ' Section 3.• Enforcement. Enforcement of these covenants and 1 ~ Ires~rictiona shall be by any proceeding at law or in equity ; ' against any person or persona violating or attempting to violate ,1, ~ zany covenant or restriction. either to restrain violation or to „ recover damages. and against the land to enforce any lien created by these covenaatsf and failure by the Association or any Owner ,I •~ ' ', to enforce any covenant or restriction herein contained shall in ~1" no event be deemed a waiver of the right to do so•thereafter. 'i Section 4. Severability. Invalidation of any one of these ~. ~covenanta or restrictions by-judgment or court order shall in no ' '~' ~ wise affect any other provisions which shall remain in full force ', and effect. ' .. ARTICLE IX ' pny provision contained herein may be changed by a vote of ' ',~ ~ona hundred (100x) percent of the Members of the Association. - 4 ~ ~ ' ' ' SH AH J NT VENTURE +~ ay. e •~ Managing Venturer THE STATE OF TEXAS : COUNTY- OF BRAZOS : BFsFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared J. Spencer Wendt, Trustee and Managing Venturer for Shenandoah Joint Venture, knows to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Shenandoah Joint Venture, and that he ~ executed the same as the act of said joint venture for the purposes and consideration therein expressed. and in the capacit'• ' thasa'iq stated. ' G N UNDER MY HAND SEAL OF OFF E. th a the day of f .1983. i ~~ .. - c ; 1 ,.• ;t y ' . n :'~ ' _ ! `'o ~. oar u c n an or ~ :~: \ ~- 7 i.,,; Brazos County, Texas ' ' ` ~'•`'~~` ~,~ Patricia A. Schmidt ~ ~, ~'•.';+• My commission expires: 4/25/64 ~' ~ ., •~' •~ • ~ ~ .;.• ~ .. . ,, von G43 PF~~33~4 ~ . ,,i' ~ .:..; ., ... ,. .. ... .. ,' ,~ ,,. HE STATE QF ~'~XAS 4 OUNTY OF SgAZOS 5 This instrw^~enc M~: <<~~'~= ~' = • ~ ®`° a I ~: i i; "..~ '1; 'u. e o ~t. ;:: ;i~ ~+ .. ... ... .... ~: ^I ~ ....e ..r.. ~~.:.... ::. • • '" ' THE STATE O.F TEXAS 5 COUNTY OF SRAZOS 5 :• This instrument was acknovlrc~c'c .°.:°•:•• ~ . day of Auaus 1985, by ?'•.. _;::..::. ' ' ' •. Statr of Tc:.:+: pr ~,} ~ _ ' °igg, ~~_t THE STATI9B. TEXAS' f ra`.:.,~. ~' ' ' . ', . ;' ' COtiKTT OF" 8#tAZOS 5 :his instrument was acY.no~•ledEed bef~:c Gr or. ct.:: ,~__...... day of 1985 by Terry Ponzio „~+,~~ \ ' . ~`•.t1 •~1 ,4 ~•~, OtBry V C In an Or L .e State of Texas My Cosm~ission Ex,i:rs: ~'~'`~~'' Judith 9owen Shiver '•' ypc or 'r me amp ca ~ota:y °•'Hi: STATE OF TEXAS S i'l.:> instru::.cr.t Ms: scknoMledged brfeze a:E• or• this ~ ° .. f s~ ~ Au ti3t;~,t ~•~ ~~ ~ ~` ~~¢ ~' , ,s a ~ t w h e ,.. .;~: -~, t f rJ. ! v . !\ a s' ~' M,h1~•.i b.M~ t AMENDMENT TO DECLAR4TION OF COVENANT~,e~ ~ S ~eI S' OS CONDITIONS AND RESTRICTIONS ..,, r}';.,•.' %,._.., .., r tc~:: r: tart .~ ..~:~~~+,Q THE STATE OF TEXAS S,~f,'i:Gt,~~14:c(.C~"'~• 'COUNTY OF BRAZOS S ' WHEREAS, on May 1, 1983, SHENANDOAli JOINT VENTURE, s Texas Joint Venture, executed the Declaration of Covenants, Conditions and Restrictions covering the property mors particularly described in Exhibit "A"t and , WHEREAS, said Declaration of Covenants, Conditions and Restrictions were recorded in Volume 643, page 318 of the Brazos County, Tsxas Dssd Aacords~ and WHEREAS, it ie the desire of the parties signing bslow that the Declaration of Covenants, Conditions and Restrictions be amended ae ast out below NOW THEREFORE, it is hereby understood and agrsed that the following amendments are made to said Declaration of Covenants, Conditions and Restrictions. WHEREAS, Article V, Section 3, of •aid Declaration presently reads as follows: Section 3. Basis and Maximum of Monthl Assessments. Until the year beg nn ng anuary t s wont y asaessmenta on each Lot shall be TWENTY DOLLARS beginning on the first day of the month following the data of purchase. Excepted from such assessment shall be lore owned by Developer and lots owned by a professional builder who purchased such loss for residential construction and is actively pursuing such construction and sales. From and after January 1, 1984, the monthly assessment may be increased by vote of the Members, as '.hereinafter provided for the next succeeding three (3) years and at the end of each such period a=sthree (3) years for each succeeding period of three (3) y The Board of Directors of the Association ma , after consid- • eration of current maintenance costs and fyurther needs of The Association, fix the actual assessment for any period year at a lesser amount. For the purpose of figuring the amount of assessment, where a single family residential uniC is constructed on more than one lot, (as lot is shown byy recorded plat) , then and in that event, such unit shall be, for the purpose of assess- , shall not be ant tled to more than onsevote er of such unit ~"~/ From henceforth, said Article V, Section 3 shall read~as follows: ~ section 3. Bn is and Maximum of Monthl Asaessmenta. Until the year beg nn ng anuary t e mont y assessments fi t ti i i 1i t ~ on each Lot shall be TWENTY DOLLARS beginning on the. rs • day of the month following the date of purchase, From and i ~. • 1 ,~ 8~Or~-:499. creased byavote ~ofl the membersnaalherslnaftertprovided for the next succeeding three (3) years. At the end todaof such period of three (3) years for each succeeding p three (3) ysara. The Board of Directors of the Association mayy, after consid- ThetAssociationenfix aches actualc assessmsntufore anysperiod year at a lesser amount. For the purpose of figuring the amount of assessment, where a single family residential unit is constructed on more than one lot, (as lot is shown byy recorded plat), then and in that event, such unit shall bs, for the purpose of aasesc- shall not be ant tied to more than onsevote er °f such unit WHEREAS, the first paragraph of Article VII, Section 1, Review by Committee, presently read: ae followsa Section 1. Review b Committee. No building, fence, wall or other structure s a e commenced, erected or maintained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the P1 heights 'specifications showing the nature, kind, shape, tedotoaand approvedtin writing bymthehArchitectural Control Committee as to harmony of exterior design P d lopcationThe relation to surrounding structures and co ogre hy. memberscwhose names and d resaessarelassfollowe~d of three James Spencer Wendt 3011 Brothers Blvd. .College Station, Texas 71840 Philip E. Blackburn, Jr. CollegexStation,STexas 77840 David Foster 1512 Texas Avs. S. Bryan, Texas 77801 two willmcontrol the action of the ucommitt ethslnothe®event of death omemberanahall havenyfull a thoritys to designate ha remaining gg successor. If the Committee. =oval doridieapprovalswithin cive, fails to give written aPP thirty (30) days Which aubmis ion shall batatn leasgsseven submitted to ic, ~7) days prior to obtaining a building permit, or n any event, if riot uit theeneomplation col~tthe tiimprovementen commenced p Articlalwill be deemed to hays bean f llypcomplisdswl both s Now henceforth, said first paragraph of Article VII, Sections e shall read as followsi g Penes, wall Section 1. Review b COeicommenced, beriected nor maintained or ocher structure s a upon The Properties, nor shall any exterior addltilanso and ' change or alteration therein be roads until the P eight, spec ificatlone showicig the nature, kind, shape, materiels, and location of .the bamshQhA~chiCectural Control tad to and approved in writing y • Committee as to harmony of exterior design and location in relation to surrounding structures and topography. The . ~,. YOI~ <J T.OI wJ: Voo .. 1.,w .. .. ;., • .~~ ~; I 1 i 1 ~ ~ !~ J' ~' ii '! Architectural Control Committee shall be composed of three m@m~@Fg whe@@ n@m@@ @nd @~AF@@@@1 &F@ &5 €O1~OWit James Spencer Wendt 3011 Brothers Blvd. Collage Station, Texas 77840 Philip E. Blackburn, Jr. 3230 Texas Avs. S. College Station, Texas 77840 Terry Ponzio 4208 Cheyenne Circl• Bryan, Taxaa 71802 Any two members will constitute a quorum and the vote of any two will control the action of the committee. In the avant of death or resignation of any member of the committee, the remaining members shall have full authority to deslgnats a successor. If the Committee, or a designated represent~- tive, fails to give written approval or disapprovnl within thirty (30) days after plane and specifications have been submitted to it, which submission shall be at least seven (7) days prior to obtaining a building permit, or in any event, if no suit to enjoin the cpnstruction has been commenced prior to the completion of the improvements, approval will not be required and the provisions of Chia Article will be deemed to have bean fully complied with. The amendments are agreed to and thi• Amendment to Declar- r'~(G6G= M ~- ° - xi ice( v ~n~+A,~~ lry ~ .. 1 ~ ~ ~ ~ 4~/ f ~ ~ .. ;, ~~ ~. ' - 3 - ---e /~~ .. Pi:C ®1 ation of Covenants, Conditions and Restrictions is EXECUTED this g'~ day of ~~ < < R~ ,-•'~' 1985. / I ,. ; ,: 1` Il THE STATE OF TEXAS 5 i COUNTY OF BR!-ZOS 5 This instrument was acknowledged bsfors me on this ,yr*~. 1985. by ~,.k R Ket+insen_• day of August • :; ~~;, -. :- - ;T-~.,r to :' 1I••.....:. ott~5..: :r. a.. •.c ~„ Statt c:•axif • i ' . . • ~.... • ~, ~ My Commission Expirss~ g/~/~' ^•' '~ '•~ ''' Judith Bowen Shiver ~'' .~ : ~''~ yps or r nts ams o otary d .. ,. THE STATE OF TEXAS f COUNTY OF BRAZOS 5 This instrument was acknowledged bsfors ms on this et® ' day .of A++au4* 1985, by , _ .• ~~- ~ ~=t±~ r ::•.•• '•~•~~ otary u c n an or t o • • State of Texas • .~ My Co~nission Expires: 6/4/sQ ~' ~ ~ ~ 44y~~~+ p,"• ~• ~• ypei os r nts teams o ocary THE STATE OF TEXAS 5 COUNTY OF BRAZOS 5 w s acknowledged before me on this Bt® a • This instrument i day of August 1985, by Gregory Boriski i.. ... ~+; `~ n~•;?~'•• ~ 1' ~~ps~for c e Rotary u c n an :~ tii4.,•, .~~' ° ~ ; : State of Tsxas ~ ' ~•' ~ :: ~i ' My Co®iscion Expires s 6/4/89 • • i . '•'•;~.~ ~~' ;`~,; '• 't: Judi OW S V yps or r me ams o otasy THE STATE OF TEXAS 5 COUNTY OF BjiAZOS 5 wat acknowledged before me on thi€ gt~® TY+ic instrument day of 8++~++a* _. .. 1985, by J Spencer wands ••~ ' ;:~~{.~i1' r~;;;~.: • ~i Cl `{'l~ ~~ `°~ ~nt:ary u .c nano aor 6,+. Sttcc• of Trxat • • •• .,~! S ~ ~ ' ''•~' •~ Gotr..:r.riun Expiran+®s.® p' / ~~ ~ ~ 1 ~ y ' y. I ~^•~ ~ .M.•y~•'~. ~ b+wa 0 raci 502 89 ~ ' ~ ~ . von . ` r~ ~ . •'~'J . THE STATE OF TEXAS s COUNTY OF BRAZOS S • Thie instrument was acknowledged before tpe on this c~r-, day of August 1985, by George D. Riley /• .. i ~ ~'l. 4 l.~s ,~•. ,.~a~~••••''•• • Aot ra y-Pu c n an or t e Stats of Texas . ;• ~ 'a ° My Commission Expirsc'm 6/4,,~ %69 :' ~, I•ti••'%~,'•• •••" ~ ~'~•''! Judith Bowen Shiver • ~ ~~..~~ • yps or r me ams o otary ,o THE STATE OF TEXAS f COUNTY OF BRAZOS s This instrument was day of August , • :';~•; i~':.....;.. ~• • THE STATE OF TEXAS f COUNTY OF BRAZOS f ' This instrument was ~ day of August , i i •..... . 1 t~'l i• ``• ~ ~ ;t r:C • ~'~ _.. THE STATE OF TEXAS S ~ COUNTY OF BRAZOS s I. Tt~ic instrument was ~ day of August , ,, .:,.. , ~.'' • ' 1 i :~ I •'p F ~ ~'~ ,r°~ ~acknowledgad before ms on this 8th 1985, by Pamet,~ tt= tydev l '~ ' otA ary~u c n an os the State of Texas My Commission Expiresi 6/489 Judit Bowe ive ype os r me ams o otary acknowledged before me on this etr~ 1985, by David Gower otary u c in an or t e State of Texas My Commission Expired 6/4 Judith Bowen Shiver ype or r nce ame o otary ackno~lsdgsd before ms on this 8th 1985, by Dennis Ethridge t o:at u .c n an or t a ~tctr o: ~exLF !:y Co:re:.:rrion Eap:rfx: S~/aa Judith Bowen Shiver .. _.. p . ~ 7 ' THE STATE OF TEXAS ; COUNTY OF BRAZOS ; This instrument was acknowledged before ms on this 8th day of August 1985, by Homer Duard Rosenbaum • Il l •~~ /..~L a. ~~~l.L • otary u c n an or t o • State of Texas .t `~ ~ My Commission Expires t,~~~8,c •-: ~ . ~;;~ . Judith Bowen Shiver :'~'- .~:' •'' ype or r me ame o ocary ,• THE STATE OF TEXAS ; COUNTY OF BRAZOS ; This instrumen t was acknowledged before ms on this 8th • day Of August , 1985, by Barb ra Seea r a s ^} ~ 1 { • Rotary u c n an or t o '' i .~, -..~r State of Texas ~~'•:;. , ~ My Commission Expires 6/4/B9 Judith Bowen S iver . •• ' ~ • V'~: ype or r me ame o otary THE STATE OF TEXAS ; COUNTY OF BRAZOS S This instrument was acknowledged before me on this Ath day of ,4uaust , 1985, by- Karen Haenni otP- ar~ublic in a`nd~or t~s Stat• of Texas ^• My Commission Expirsct 6/4/89 , ~• ~ ~.A• ~h~ Judith Bowen Shiver ~= t ype or s me ame o ocary THE STATE OF TEXAS ; COUNTY OF BRAZOS ; TT,ta instrument was acknowledged before me on this 8th day of August )985, by Belinda Watters anent for Michael Y.ove. ' ~ fincary'~uFI:c in~ awn for ' •` ~ ~cttr o: Texas " ' •;~ • • i i:y Cotrs•:Rrion Expires s: 6/4/89 ••' Judith owen S} iver C^••ta '• von 840rxce 504 -~ .. . .. .. ,. • R s 4- 1 f a C 1 THE STATE OF TE>;AS S COUNTY OF 8}t,A205 S This inscru.'~ent day of nuctust '•:=`'. }. .. ...._ .............__.e._ • i. , • THE STATE OF TEXAS S COUNTY OF BRAZOS S This inatsutaant vaa acknaM:e:`Fc~c 1+.:+.;•. ~ ~ . At°nt°a* -, aey of 1985, by y;i.~i::S... .. • :, alp'-:8zy-~ru~ , `~ Stacy of Tt•>:;~: •1 t Jt:ti t ~t rq•: ,:^~ • . . THE STATE OF TEXAS S COUt~TI OF BRAZOS S acknor.ledEeC brfo'~ cc t•'~ t}.:` ®e°°°°°' :his instrur+ent va s 1985, by Terrv ;onzio day Of a,+m+at - ~ otary u c n an or c .e Staca of Texas My Cocaaission Ex,i:est °~"~' • - Judith Bowen Shiver ypc or 'r me a^~ ci iota:}' _ :'NE STATL• OF TEXAS S ('.(t~':':'i OF RnA205 f . acknowledged brfore at• er. tans -~-o- ;-}.;: ins:ru::.cnt w fi ° : r1UOU4t . 1aS5, r~' Phi1i- ~ Bl~rkburn' Jr. C.n` O ~°~ •'• s . n~'"yiy Fubi:c ir. anv .ter e°°. ~tc:r o` ^.t•rr:s p°v (.oas.:rr•ion L*:;'t°rfi:® 46/ !~ . ~y,dith 6oWe~hiver s~ aP~~ ~a5 ~0`