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DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
SUN MEADOWS SUBDIVISION
STATE OF TEXAS
COUNTY OFBRAZOS
WHEREAS, Graham Road, Ltd., a Texas limited partnership, hereinafter sometimes referred to
as "Declarant", is the owner of that certain tract or parcel of real property lying and being situated in the
City of College Station, Brazos County, Texas, described as: Sun Meadows Subdivision, Phase One as
reflected in Plat of said Property, recorded in Volume 4137, Page 254, Official Records of Brazos
County, Texas, and herein by reference for all purposes (the "Property'); and
WHEREAS, Declarant desires to create and cant' 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; and
WHEREAS, Declarant has filed a Master Plan for said development with the City of College
Station ("City') which has been accepted and approved by said City; and
WHEREAS, Declarant desires (i) to impose upon said Property certain protective covenants,
conditions, restrictions, liens and charges as deemed appropriate and (ii) to retain the right to modify said
covenants, conditions, restrictions and charges from phase to phase as appropriate to be commensurate
with Declarant's purposes and to comply with the planning and zoning set forth by the City; and
WHEREAS, Declarant plans to develop said land in lots for residential construction which may
be further divided into Phases, Blocks and Lots, which because of location may have areas consisting of
different types of residential lots (duplex lots and single family lots):
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i)
that all of the Property shall be held, sold, conveyed and occupied subject to the following covenants,
conditions, restrictions, liens and charges, which are for the purpose of protecting the value and
desirability of, and which shall run with the Property and which shall be binding on all parties having any
right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and
which shall inure to the benefit of each owner thereof; and (ii) that each contract or deed that may
hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have
been executed, delivered and accepted subject to the following covenants, conditions and restrictions
regardless of whether or not the same are set out or referred to in said contract or deed.
ARTICLE I
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when used in
this Declaration shall have the meanings hereinafter specified. Said terms may further be utilized in one,
two or more Associations within the Development.
1.01 Architectural Committee. "Architectural Committee" shall mean the committee or
committees created pursuant to this Declaration to review and approve plans for the construction of
SUN MEADOWS RESMc-noNS.doc
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Improvements on the Property or a portion of the Property governed by an Association. No Architectural
Committee shall have authority beyond the area set forth for the As
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at
on, which it serves.
1
02
.
Architectural Committ ee Rules. "Architectural Committee Rules" shall mean the rule
and regulations adopted by the Architectural Committee
s
as the sa
4
,
me may be amended from time to time.
1
4
.03 rticlcs. "Articles" shall mean the Articles of Incorporation of the one or more owners
of Homeowners Association corporations, which shall be filed i
h
n t
e office of the Secretary of State of the
State of Texas relating to all or part of the Property. Said Associations shall be created by Declarant and
shall contain the provisions Declara
t d
0
n
eems appropriate for that portion of the Property
.
1.04 Assessment. "Assessment" or "Assessments" shall mean such assessments as may be
levied by the Association under the terms and provisions
f
hi
12
o
t
s Declaration.
1.05 Association "Association" shall mean each Association created by the Declarant relating
to the portion of the Property described in the Articles.
s
1.06 Board. "Board" shall mean the Board of Directors of each Association(s). Board
members may, but need not, be Members of the Association.
1.07 est Lctions "Restrictions" shall mean the provisions of this Declaration, as the same
may be amended from time to time, together with the Ar
hit
c
ectural Committee Rules and the Articles and
Bylaws of each of the Associations as the same are in efTect f
i
rom t
me to -time. In. addition to the
Restrictions set forth in the Declaration, Declarant will or may impose additional restrictions o
phase as it is developed
h
.
n eac
1.08 Rules. "Rules" shall mean the rules and regulations adopted by the Board as the same
may be amended from time to time
.
1.09 B laws. "Bylaws" shall mean the Bylaws of each of the Associations as adopted by the
Boards, and as from time to time amended.
1.10 Common Areas, "Common Areas" shall mean any land conveyed, leased, dedicated or
assigned by Declarant, or by a third party with the Ass
i
i
'
oc
at
on
s consent to the Association for
maintenance and operation, including, but not limited to, easements, roads, roadways, rights-of-wa
parkways, median strips
sidewalks
k
,
y,
, par
s, trails, paths, water detention
the Property. ponds, creeks and lakes within
representatives 1.11 larant "Declarant" shall mean Graham Road, Ltd., its duly authorized
or their respective successors or assi
gns.
1.12 laration "Declaration" shall mean this instr
time.
ument as it may be amended from time to
1.13 m rovement "Improvement" shall mean every structure and all appurtenances thereto
of every type and kind, including, but not limited to buildi
ngs, outbuildings, storage sheds, patios, tennis
courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs
landscaping, poles, signs
decks
exterior
i
,
,
,
a
r conditioning water softener fixtures or equipment, and poles,
pumps, walls, tanks, reservoirs, pipes, lines, meters, antennae, towers and other facilitie
connection with wate
d
s use
in
r, sewer, gas, electric, telephone, regular or cable television, or other utilities.
SUN AtF-AWWS RES7wCTIONS.d« 2
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1.14 LA "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 all Improvements located thereon.
1.15 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding
membership rights in the Association.
1.16 Mortgage, "Mortgage" or "Mortgages" shall mean any mortgage or deed of trust
covering any portion of the Property given to secure the payment of a debt
1.17 Mortgagee, "Mortgagee" or "Mortgagees" shall mean the holder or holders of any
Mortgage or Mortgages.
1.18 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.
1.19 Person. "Person" or "Persons" shall mean any individual, individuals, entity or entities
having the legal right to hold title to real property.
1.20 hale "Phase" shall mean a portion of the Property, which is separately identified, and
platted into Lots and/or Blocks and said plat is filed in the Official Records of Brazos County, Texas.
1.21 Plans and Specifications. "Plans and Specifications" shall mean any and all documents
designed to guide or control the construction or erection of any Improvement, including, but not limited
to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading
plans, founiation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans,
specifications on all building products and construction techniques, samples of exterior colon, plans for
utility services, and all other documentation or information relevant to such Improvement
ARTICLE Ii
DEVELOPMENT OF THE PROPERTY
2.01 Development by Declarant. Declarant may divide or subdivide the Property into several
areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property free of or
with modification of the restrictions set forth in this Declaration.
2.02 Addition of Land. Declarant may, at any time and from time to time, add any other lands
to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions and
obligations set forth herein shall apply to the added land, and the rights, privileges, duties and liabilities of
the persons subject to this Declaration shall be the same with respect to the added land as they are with
respect to the lands originally covered by this Declaration. 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:
(A) 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;
(B) A statement that the provisions of this Declaration shall apply to the added land; and
(C) A legal description of the added land.
3
SUN MEADOWS RESTRICiiONSAm
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2.03 Withdrawal of land Provided a plat has not been recorded on said areas. Declarant such
i
at any time and from time to time, reduce or withdraw areas from the Property. and Pon
th herein
withdrawal, this Declaration and the covenants, conditions, restrictions and obligations set f or 4
shall no longer apply to those lands withdrawn. To withdraw lands from the Prop a hereunder of 4
Declarant shall be required only to record in the Official Records of Brazos County. notice
withdrawal of said unplatted land containing the following provisions:
(A) A reference to this Declaration, which reference shall state the book and page number's of
the OtFicial Records of Brazos County wherein this Declaration is recorded;
(B) A statement that the provisions of this Declaration shall no longer apply to the withdrawn 0
land; and j
(C) A legal description of the withdrawn land. 3
2,04 De looment by Phases. Declarant will develop Property progressively in Phases and
will record a more detailed Declaration specifically for each Phase. In the event of conflict between the
for the ~a~ will
provisions of this Declaration and the Declaration for each Phase, the prow
control.
ARTICLE III
GENERAL RESTRICTIONS
shall be owned, held, encumbered, leased, used, occupied and enjoyed subject
All of the Property
to the following limitations and restrictions:
3.01 Construction of Imnrovements. No Improvements shall hereafter be constructed upon
written approval of the Architectural Committee. The use of
any of the property without the prior
prefabricated homes, including antique homes moved from other locations, shall not be allowed.
3.02 s..r^..•msOd Si¢nals. No antenna or other device for the 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- that can be seen from any
street, without the prior written approval of the Architectural Committee, except that the ( 1a nt or the
Association my erect a common television antenna, cable system or similar reception devim
o signals, tpr v ided
same shall not rise more than five feet above the roof line of any structure. ion
signals or any other form of electromagnetic radiation shall originate from tidy 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 en the Property which would increase the
Lot or any of the Improvements located
rate of insurance or cause the cancellation of insurance on any
thereon without the prior written approval of the Board.
3.04 Subdiyidin4 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 of:
approval of the Architectural Committee; provided, however, that when Declarant Owner than therecit
Declarant may further divide and subdivide any Lot and convey an eascinwt or other interest less the
whole, all without the approval of the Atehitectund Committee.
SUN MEADOWS RESr cnotis.me
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3.05 ,FjM No sign of any kind shall be displayed to the public view on the Property except
(i) one sign of not more than six square fed and five feet in height advertising the Property for sale or rent
without the prior written approval of the Architectural Committee and (ii) 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. No
signs shall be attached directly to any improvement or displayed T'rom a window.
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. Such containers
shall be kept within enclosed structttrcs or shall be appropriately screened from view from all streets.
Each Owner that constructs a residential Improvement on a Lot shall provide or construct prior to
occupancy a concrete pad of not less than sixteen square feet in size either behind the fence or the
Improvement, in either event as viewed from the adjoining frontage street, for locating trash and garbage
receptacles. No trash or garbage receptacle shall be located anywhere in or about a Lot other than. upon
each concrete pad, excepting the day of each week during which such trash or garbage is collected.
3.07 oise. 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.
3.0$ i htin . No exterior lighting of any sort shall be installed or maintained on a Lot where
the light source is offensive or a nuisance to neighboring property, except for reasonable security or
landscape lighting that has the approval of the Architectural Committee.
3.09 Nuisance and Lateral Support. No noxious or offensive activity or work shall be
conducted upon any Lot so .es 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 Repair of improvements. All Improvements upon the Property, including any Lot, shall
at all times be kept in good condition and repair and adequately painted or otherwise maintained by the
Owner or Owners thereof.
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
Architecttual Committee.
3.12 Roofin¢ Materials. The surface of all roofs on principal and secondary structures shall
be, tik shakes or composition 3 tab shingles or better. 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 a detriment to the quality of the neighborhood.
3.13 Solar Equipment. In the event an Owner desires to use solar panels or other solar
equipment in connection with the use of any Lot, the location and installation design. thereof shall be
submitted to the Architectural Committee and approval of such design, including the aesthetics thereof,
shalt be required before construction may begin.
3.14 Driveways. The Architectural Committee shall have the right to impose limitations on
driveway design, including materials, aprons, location and point of contact with dedicated roads, streets or
private driveways within the Property.
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3.15 Tanks. The Architectural Committee shall have the right to approve the location of any
~o stora of ue, water, oil or
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tank used or proposed in connection with a structure, a`~
erected. plat
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be
and including swimming pool filter tanks. (N
be visible from any other portion of the
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permitted on any Lot.) All tanks shall be screened so as no
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Property.
3.16 Underground I hilit Lincs. No utility lines, including. but not limited to, wires or other elevision
telephone or electric current or
ission of
t
devices for the communication or transm
portion of
ced or maintained anywhere in or upon any
la
f line or wire shall be erected, p
round
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erg
un
or any other type o
the Property unless the same shall be contained in conduit or cables installed and maintaine
writing by the Architectural Committee, except
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or concealed in, under or on Improvements as approve
tructed by the City of College Station or any subsequent provider of electrical services;
ower or
b
e cons
what may
provided, however, that no provision hereof shall be deemed to forbid the erection of temporary p
ements which have been previously approved
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telephone structures incident to the construction of Improv
The installation method, including but not limited to location.
mmittee
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.
.
o
in writing by the Architectura
trenching method and other aspects of installation for both temporary and
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,
pmen
type of installation equ
permanent utilities, shall be subject to review and approval by the Architectural Committee.
over any
interference
n established for property patterns
3.17 IjElinAM TThcre shall b
drainage and
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adequate pro prov
u less
of the Property, except by Dccl
approved by the Architectural Committee.
3.18 Hazardous Activities. No activities shall be conducted on the Property and no
Improvements shall be constructed on the property that are or might be unsafe or hazardous to any Pin
or property. Without limiting the generality of the foregoing. no firearms or fireworks shall be discharged
upon the Property, and no open fires shall be lighted or permitted except within safe and w~ esigned
interior fireplaces, or in contained barbecue units while attended and in use for cooking purpose
3.19 Mining and Drilling, No oil drilling, oil development operations, oil refining, quarrying
or mining operation of any kind shall be permitted upon or in any Lot nor shall oil wells, tanks, tunnels,
mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure designed for use Lot. This does not
in mining for oil or natural gas shall be erected, maintained or permittedu~; disturb ~ of the
prohibit the owner of the minerals from slant or horizontal drilling provid
surface.
3.20 Mjchinc and Equipment. Without the approval of the Association or Declarant no
machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot
or Common Area except such machinery or equipment as is usual and customary in Brazos County,
Texas, in connection with the use, maintenance, or construction of a private residence or appurtenant
structures or recrcational facilities maintained by the Association; provided however, ssuch hm machinery or
equipment may be placed, operated or maintained by any governmental or q g
by a public utility, in the perform,= of its legitimate functions.
3.21 Temoorary Structures. No tent shack or other temporary building. i rovemecUu or
structure shall be placed upon the Property without the prior written approval
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 fotanea 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.
SUN MEADOWS R&v Rcno,4S-6-
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3.22 Unsightly Articles and Vehicles. No trailer, recreational vehicle, tent, boat, or stripped 4
down, wrecked, junked, dismantled or wholly inoperable vehicle shall be kept, parked, stored, or i
maintained on any portion of the driveway or front yard between a street bordering the Lot and the
permanent building structure. Same shall be kept, parked, stored or maintained on other portions of a Lot 4
only within an enclosed structure or a screened area which prevents the view thereof from adjacent Lots 4
or streets.
313 Mobile Home and Travel Trailers. No mobile homes shall be parked or placed on any
Lot at any time. No travel or camper trailers, recreational vehicle or similar items shall be parked on or
0
near any Lot or public or private thoroughfares for more than forty-eight (48) hours.
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324 Fences.
2
(A) Except as provided in Section 324 (B) below, 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 front 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 and decorative walls if, in its sole discretion, such waiver
is advisable to accommodate a unique, attractive or advanced building concept design or
material and the resulting decorative wall and/or retaining wall will not detract from the
general appearance of the neighborhood. No chain-link fences may be built or
maintained on any Lot.
(B) Subject only to Section 3.32 below, any privacy fence to be built shall be six (6') feet in
height, made of standard grade cedar or fir, finish side to all streets, and of a design
approved by the Architectural Committee. Except, prior to beginning construction of
Improvements on any Lot being one of Lots 1 through 20, Block 4 in Phase Six, the
owner of the Lot shall be required to build that portion of the privacy fence along the rear
property line of the lot. That portion of the privacy fence shall be a six (6') foot privacy
fence, made of standard grade cedar at the rear property line of the Lot. The finish side
of the fence shall be. placed toward the drainage ROW or easement paralleling the rear
property line of these lots. The fences constructed will be uniformly designed with a
decorative wood cap on the top of the fence with the design approved by the
Architectural Committee. Any fence built in accordance with the terms of this Section
shall thereafter be maintained by the Owner of the Lot upon which it is situated.
323 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 Property other than on the Lot of its
Owner, except when confined to a leash. No animal may be stabled, maintained, kept, cared for or
boarded for hire or remuneration on the Property and no kennels or breeding operation shall be allowed.
No domestic household pet shall be allowed to run at large and all of such pets shall be kept within
enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times.
Such enclosed area shall be constructed in accordance with Plans and Specifications approved by the
Architectural Committee, shall be of reasonable design and construction to adequately contain such
animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any
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other portion of the Property. No more than three (3) adult dogs and three (3) adult cats may be kept on a 4
single Lot. All domestic household pets shall be kept in strict accordance with all local laws and 1
ordinances. 4
3.26 Snorts Equipment. No hockey nets, basketball goals or backboards or any other similar 4
sports equipment of either a permanent or temporary nature shall be placed within thirty feet of the front
property line of any Lot without the prior written consent of the Architectural Committee.
3.27 Window Treatment., All windows visible from any street shall have blinds installed
covering the surface of the window. The use of any material as window covering, either interior or
exterior, such as aluminum foil, plastic garbage bags, drop cloths, or sheets, that is not manufactured
specifically for window treatment is prohibited. The use of any window treatment such as awnings or
energy conserving screens must first be approved by the Architectural Committee.
3.29 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs, trees, grass and
plantings of every kind on said Owner's Lot cultivated, pruned, and free of trash and other unsightly
material. Trees, shrubs, vines and plants that die shall be promptly removed. Declarant, the Association
and the Architectural Committee shall have the right at any reasonable time after not less than ten days
notice to Owner and an opportunity to cure any violation of this provision, to enter upon any Lot to
replace, maintain and cultivate shrubs, trees, grass or other plantings located thereon, and to charge the
cost thereof to the Owner of the Lot as provided in Section 6.04(E) below.
3.29 Landscape Design. All landscaping shall be designed so as to protect and promote, as far
as practicable, the natural local landscape environment through use of native materials, natural drainage,
indigenous plant selection and site design. All landscaping designs shall:
(A) Wherever possible, save and incorporate into the Plans and Specifications existing trees
having trunk diameters of four (4) or more inches. To insure the viability of these trees,
soil, compacting, trenching and/or cut and fill shall be avoided, to the greatest extent
possible, in the area defined by the trees' dripline.
(B) Maintain or enhance, wherever possible, existing vegetation within drainage easements to
prevent erosion, siltration, or impediment of runoff augmented by development.
(C) Install live, growing sod covering the front and side yards, within thirty (30) days of
occupancy of any residence constructed on a Lot, and/or an equivalent substitute which
achieves as satisfactory a ground cover in approximately the same period of time in the
backyard, all such ground cover to be indigenous to the area, and maintained in a healthy
and growing condition.
3.30 Construction and Sales Activities. Notwithstanding any provision herein to the contrary,
this Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction
activities during the construction of Improvements by an Owner (including Declarant) upon any Lot
within the Property, or the sale of any Lot thereafter. Specifically, no such construction activities shall be
deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of
vehicles or construction machinery, posting of signs or similar activities, provided that such construction
is pursued to completion with reasonable diligence and conforms to usual construction practices in the
area. No building material of any kind shall be placed or stored upon any Lot until the Owner thereof is
ready to commence Improvements and then the material shall be placed within the property lines of the
Lot upon which the Improvements are to be erected and shall not be placed on the street or on any other
part of the Property. In die event of any dispute regarding such matters, a temporary waiver of the
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applicable provision may be granted by the Architectural Committee, provided that such waiver shall be
only for the reasonable period of such construction. At such time as the Declarant ceases using any
portion of the Property as a model home or sales office, the affected Property shall be altered and/or
remodeled, if necessary or desirable, to comply with the covenants and restrictions contained herein.
331 Mailbox. Unless otherwise prohibited by the U. S. Postal Service mailboxes shall be
erected and maintained on each Lot upon,which a residence is situated, and shall be fixed on masonry or
decorative cast metal stanchions (columns), approved by the Architectural Committee. No other metal
post stands shall be permitted. Each mailbox shall be new when installed, constructed of durable steel or
aluminum, and of a size and shape conforming to postal authority standards for single family residential
postal depositories. Mailboxes shall be located on the curb in accordance with postal regulations.
332 Sight Lines. No fence, wall, hedge, or shrub planting that obstructs sight lines at
elevations between two and six feet above the roadway shall be placed or permitted to remain on any
comer lot in the triangular area formed by the street property lines and a line connecting them at points
twenty-five feet from the intersection of the street lines, or in the case of a rounded property comer, from
the intersection of the street property lines as extended. No tree shall be permitted to remain within such
distances of intersections unless the foliage line is maintained to meet the sight line requirements set forth
above.
333 Compliance with Provisions of Restrictions. Each Owner shall comply strictly with the
provision of the Restrictions as the same may be amended from time to time including those for each
Phase. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and
shall give rise to a cause of action to recover sums due for damages or injunctive relief or both,
maintainable by the Board on behalf of the Asscciation or by any aggrieved Owner. Declarant, for itself,
it 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 enforcement shall not create an obligation of any kind to enforce the same.
3.34 No Warranty of Enforceability. While Declarant has no reason to believe that any of the
restrictive covenants or other terms and provisions contained in this Article lit or elsewhere in this
Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no
warranty or representation as to the present or future validity or enforceability of any such restrictive
covenants, terns or provisions. Any Owner acquiring a Lot in reliance upon one or more of such
restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof
and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
ARTICLE IV
DWELLING SIZE AND CONSTRUCTION MATERIALS
4.01 Dwelling Size. The heated floor area of the main residential structure, exclusive of open
porches, stoops, and garage shall not be less than that shown below:
(a) Lou 1-20, Block 1, Sun Meadows, Phase One 1,980 square feet
(b) All other lots in Phase One of Sun Meadows 2,200 square feet
4.02 Dwelling Dcsign and Exterior. The exterior building design shall be traditional and not
contemporary in style. The exterior veneer or finish of any residence shall consist of not less than 85%
brick, stone, or other equivalent masonry product. Any other exterior veneer material shall be of a
9
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masonry product such as cement constructed wall board such as Hardi-Plank. Stucco or stucco type
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material shall not be used on any Lot except upon written approval of the Architectural Committee. All
i
single family dwellings shall have a garage with a minimum capacity of two cars.
4
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ARTICLE V
MAINTENANCE AND SETBACK REQUIREMENTS
5.01 Outbuildings. Every outbuilding, inclusive of such structures as a detached garage,
0
storage building or greenhouse, shall be compatible with the dwelling to which it is appurtenant in terms
0
of its design and material composition. All such buildings shall be subject to approval by the
r~
Architectural Committee. In no instance shall an outbuilding, other than a detached garage, exceed one
f th
main
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oor area o
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(1) story in height or have total floor area in excess of ten percent (
dwelling.
9
5.02 Building Height. No Improvement greater than thirty-two (32) feet in height may be
constructed on any Lot without the prior written approval of the Architectural Committee. For purposes
of this paragraph, height shall be measured from the foundation slab of the proposed Improvement to the
ridgeline of the roof of the proposed Improvement.
5.0 Setback Requirements. No building shall be located or erected in violation o or
encroaching upon the standard set by the City Ordinances of the City of College Station for the Lot or
tract concerned. Declarant reserves the right to modify or enhance said City requirements through the
ctions set forth of such plat of each Phase of Pro
5,04 Structure Maintenance. Declarant further reserves the right to require the Association
created pursuant to Article V hereof to maintain structures required by the City of College Station in the
development of the Property, and all members of said Association shall be bound by said requirements
whether constructed before or after becoming a Member..
ARTICLE VI
SUN MEADOWS SUBDIVISION
OWNERS ASSOCIATION(S)
6.01 Oman ization. The Declarant has caused or will cause the formation and incorporation of
one or more Associations, each as a nonprofit corporation created for the purposes, charged with the
duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this
Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or
interpreted so as to be inconsistent with this Declaration.
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 served from, or in any
way transferred, pledged, mortgaged, or alienated except together with the title to the said property
interest.
6.03 Votin¢ Rights. The right to cast votes, and the number of votes which may be cast, for
election of directors to the Board and on all other matters to be voted on by the Members shall be
calculated as follows:
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(A) The Owner, whether one or more (including Declarant). of each Lot within the Property
shall have one vote for each Lot so owned.
I
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(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 aggregated sixty-six and two-thirds percent (66-2l3%) of the
total number of votes outstanding under Subparagraph (A). Thereafter, 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 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 may be necessary or proper for, or incidental to the exercise of any of the express powers granted
to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Association, and the Board acting on behalf of the Association, shall have the
following powers and authority at all times:
(A) Rules and B law To make, establish and promulgate, and in its discretion to amend or
repeal and rc-enact, such Rules and Bylaws, not in conflict with this Declaration, as it
deems proper to address any and all aspects of its functions.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of
the Board, are 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 a non-
omergency, after ten (10) days written notice, without being liable to any Owner, upon
any Uot and into any Improvement thereon for the purpose of enforcing the Restrictions
or for the purpose of erecting, maintaining or repairing any Improvement to conform to
the 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 tot entered upon, shall be a lien upon the Lot entered upon and Improvements
thereon, and shall be enforced in the same manner and to the same extent as provided in
Article VII hereof for regular and special Assessments. The Association shall have the
power and authority from time to time, in its own name and on its own behalf, or in the
name of and on 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 Restrictions. The Association is also
authorized to settle claims, enforce liens and take all such action as it may deem
necessary or expedient to enforce the 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.
(E) 'Legal and Accounting Services. To retain and pay for legal and accounting services
necessary or proper for the operation of the Association.
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(G) pelt ation to committees. To set up one or more committees as authorized by the Texas 4
Non-Profit Corporation Act, as the same is amended from time to time.
(I) Emnlovees. To engage such employees as may be reasonably necessary in the
management of the Association and the performance of its duties.
6.05 Maintenance. The Association shall be authorized to landscape, maintain and repair
easements, rights-of-way, sidewalks, paths, trails, drainage facilities, detention ponds, Iakes, and other
areas of the Property, as appropriate.0
6.06 gommon Arcas. .
(A) Subject to and in accordance with this Declaration, the Association, acting through the 2
Board, shall have the following duties: I
(1) To accept, own, operateI and maintain all Common Areas, which may be
conveyed or leased to it by Declarant, together with any improvements of any
kind or purpose located in said areas; and to accept, own. operate and maintain
all other property, real and personal, conveyed or leased to the Association by
Declarant; and to maintain in good repair and condition all lands, Improvements.
and other Association property owned by or leased to the Association, whether
by Declarant or by other Persons.
(2) To pay all real and personal property taxes and assessments levied upon or with
respect to any property owned by or leased to the Association, to the extent that
such taxes and assessments are not levied directly upon individual Members of
the Association. The Association shall have all rights granted by law to contest
the legality and the amount of such taxes and assessments.
(3) To execute mortgages, both construction and permanent, for construction of
Improvements on property owned by or leased to the Association and to accept
land in Common Areas, whether of not improved, from Declarant subject to such.
mortgages or by assuming such mortgages. Financing may be effected through
conventional mortgages or deeds of trust, the issuance and sale of development
or other bonds, or in any other form or manner deemed appropriate by the
borrower, whether Declarant or the Association. The mortgage or other security
interest given to secure repayment of any debt may consist of a first, second or
other junior lien, as deemed appropriate by borrower, whether Declarant or the
Association, on the Improvement to be constructed, together with such
underlying and surrounding lands as the borrower deems appropriate. The debt
secured by such mortgage or other security instrument may be retired from and
secured by the revenues generated by dues, use fees, assessment of Members, or
otherwise, or any combination thereof, as may be deemed appropriate by
Declarant or the Association, as the case may be, but subject to the limitations
imposed by this Declaration.
(B) In addition to, and not in limitation of, the power and authority of the Association as set
forth in Section 6.04 of this Declaration. the Association, acting through the Board. shall
have the power and authority..
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(1)
To' grant and convey portions of Association property# including fee title,
on or
leasehold estates, easements, rights-of-way, and/or ges. to any pers
erating or maintaining the
tin
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i
g.
p
ng, erec
entity for the purpose of construct
following.
(a) Parks, parkways, or other recreational facilities Of structures;
(b) Roads, streets, walks, driveways, trails and paths;
(c) Lines, cables, wires, conduits, pipelines or other means of providing
utilities and communication lines;
(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
Area or Improvement in a way that would
use or occupancy of any Common
violate applicable use and occupancy restrictions imposed by other provisions of
this Declaration, or by any statute, rule, regulation, ordinance or other law of any
t limited to rules and orders of the Texas
governmental entity, including but no
Texas Water Commission, Texas Natural Resource
Board
.
Water Development
and Conservation 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
n
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a
utilities, services and maintenance for the property of the Assoc
(3)
To pay for any other services necessary or proper in the performance of
for any other taxes or assessments that the
Association functions, and to pay
Association or the Board is required to secure or to pay for pursuant to applicable
law, the terms of this Declaration, or the Articles or Bylaws of the Association.
(4)
To own and operate any and all types of facilities for both active and passive
recreation.
(S)
To construct new Improvements or additions to Association properties, subject to
l Committee as required in this Declaration.
the approval of the Architectura
ith Declarant and other persons, on such terms and
(6)
To enter into contracts w
ions as the Board shall determine, to operate and maintain any of the
i
prov
s
Common Areas or to provide any service or perform any function on behalf of
Declarant or the Association in connection with the purposes of the Association.
(7)
To acquire and own and to dispose of all manner of real and personal propMy,
whether by purchase, grant, lease, gift or otherwise.
ts with City of College Station. The Association may enter into one or more
6.07 A en
• agreements with the City of College Station with respect to the dedication of any drainage basin, park or
other common area
within the Property for municipal maintenance.
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6.08 Indemnification. The Association shall indemnify any director, officer, or member of a 4
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, 4
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 4
(hereinafter a "Proceeding") by reason of the fact that such person is or was a director, officer or member
of such a committee of the Association, against all judgments, penalties, (including excise and similar
taxes), fines, settlements, and reasonable expenses actually incurred by the person in connection with any
such Proceeding to the fullest extent permitted by the Texas Non-Profit Corporation Act, as amended and 0
in effect from time to time. Such authorization of indemnification shall be deemed to be mandatory and 0
deemed to constitute authorization of indemnification and advancement of expenses to the fullest extent r3
permitted by the Texas Non-Profit Corporation Act, as amended and in effect from time to time. r
ARTICLE VII 3
ARCHITECTURAL COMMITTEE
7.01 Membership of Architectural Committee The Architectural Committee shall consist of
not more than three (3) voting members ("Voting Members') and such additional nonvoting members
serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The
following persons arc hereby designated as the initial Voting Members of the Architectural Committee:
Hartzell B. Elkins of Bryan, Texas, Glenn Fuqua of Navasota, Texas and Fred Dulock of Waco, Texas.
Any one or more of said members may appoint another person (including another member of said
Committee) to act as his Agent on said Committee with full authority. Said Committee shall maintain
records of said appointment and its actions as a Committee. In the event a member resigns or no longer
serves for any reason, the remaining members shall select a rcplaccmenL
7.02 Action of Architectural Committee. Items presented to the Architectural Committee shall
be decided by a majority vote of the Voting Members.
7.03 Advisory Members. The Voting Members may from time to time designate Advisory
Members.
7,04 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.
7.05 Declara it's Rights of Appointment. Until Declarant has either filed plats of record for or
no longer owns any portion of the Property; its successors or assigns shall have the right to appoint and/or
remove all Voting Members of the Architectural Committee(s), 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. Commencing
when Declarant no longer has the right, the Board shall have the right to appoint all voting Members. At
such time as the Board gains the right to appoint and remove Voting Members of the Architectural
Committee, or any portion of this right, a majority of the Voting Members so appointed shall be drawn
from Members of the Association. Advisory Members shall, when reasonably possible, be drawn from
Members of the Association.
7.06 Adoption of Rules. The Architectural Committee may adopt such procedural and
substantive rules, not in conflict with this Declaration, as it deems necessary or proper for the
performance of its duties, including but not limited to a building code, a fire code, a housing code, turd
other similar codes.
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7.07 Review of P^^^^`d Constr+iction. Whenever in this Declaration the approval of the
Architectural Committee is required, the Architectural Committee shall have the right to consider all of
the Plans and Specifications for the Improvement or proposal in question and all other facts, 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 or any 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 in writing 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 all necessary information, the Architectural Committee shall
consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this
Declaration, and perform such other related duties assigned or authorized by this Declaration, including at
its option inspection of construction in progress to assure its conformance with previously approved Plans
and Specifications. The Architectural Committee shall have the express authority to perform fact finding
functions hereunder and shall have the power to construe and interpret any covenant herein that may be
vague, indefinite, uncertain or capable of more than one construction. The Architectural Committee may,
in its review of Plans and Specifications and such other information as it deems proper, consider whether
any proposed Improvement upon a Lot would unreasonably obstruct the view from other portions of the
Property. The Architectural Committee may, but shall not be require to, disapprove any Improvement
upon any Lot that would unreasonably obstruct the view from any other portion of the Property. No
Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use
of such landscaping, color schemes, exterior finishes and materials and similar features as to be
incompatible with residential development within the Property and the surrounding area. The
Architectural Committee shall have the authority to disapprove any proposed Improvement based upon
the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall
be final and binding so long as it is made in good faith. The Architectural Committee shall not be
responsible for reviewing any proposed Improvement, nor shall its approval of any Plans and
Specifications be deemed an endorsement from the standpoint of structural safety, engineering soundness,
or conformance with building or other codes hot of its authorship.
7.08 Actions of the ArIbitectural Committee. The Architectural Committee may, by
resolution unanimously adopted in writing, designate one or two of its members or an agent acting on its
behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the
absence of such designation, the vote of a majority of all of the members of the Architectural Committee
taken without a meeting, shall constitute an act of the Architectural Committee.
7.09 No Waiver of Future Approvals. The approval or consent of the Architectural Committee
of any Plans and Specifications for any work done or proposed, or in connection with any other matter
requiring the approval or consent of the Architectural Committee, shall not be deemed to constitute a
waiver of any right to withhold approval or consent as to any other Plans and Specifications, or other
matter whatever, subsequently or additionally submitted for approval or consent by the same or a different
person.
7.10 Work in Progress. The Architectural Committee may, at its option, inspect all work in
progress to insure compliance with approved Plans and Specifications.
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7.11 Non-liability 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
IS
SUN MEADOWS 2ESTYjcnONS.&c
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of the Architectural Committee or its members, as the case may be. Neither the Architectural Committee
nor any member thereof shall be liable to any Owner due to the construction of any Improvements within
the Property, or the creation thereby of an obstruction of the view from such Owner's Lot or Lots.
7.12 Address Plans and Specifications shall be submitted to the Architectural Committee in
care of Hartzell B. Elkins, 2508 River Forest Drive, Bryan, Texas 77802, or in care of such other person
at such other address as may be designated by Declarant or the Board, as the case may be, from time to
time.
7.13 Certificate of Compliance. Upon completion of any Improvement approved by the
Architectural Committee and upon written request by the Owner of the Lot, the Architectural Committee
shall issue a Certificate of Compliance in a form suitable for recordation. The Certificate shall identify
the Lot, the Plans and Specifications pursuant to which the Improvements were made, the use or uses to
be conducted with respect to the Improvements, and shall further specify that the Improvements comply
with the approved Plans and Specifications and that said Plans and Specifications are on file with the
Architectural Committee. The Certificate shall not be construed to certify the acceptability or sufficiency
of, or endorsement by, the Architectural Committee of the actual construction of the Improvements or of
the structural integrity, workmanship or materials thereof. The Owner is hereby notified that the
Certificate in no way warrants, except as set forth above, the sufficiency or acceptability of or
endorsement by the Architectural Committee of the construction, structural integrity, workmanship or
materials of the Improvements. Preparation and recordation of such a Certificate shall be at the expense
of the Owner of the improved Lot.
7.14 ' Failureto Ad. In the event the Architectural Committee or its designated representative
fails to approve or disapprove any Plans and Specifications within fifteen (15) 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 and, upon construction completion, the
Owner of the Improvements so Completed may obtain a Certificate of Compliance as set forth in Section
6.13 above.
7.15 Variances. Notwithstanding any other provision of this Declaration, 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 and recorded in the Official Records of
Brazos County, Texas, if and when such a variance shall ever be granted.
7.16 Governmental Agency Aporoval. Nothing in this Declaration shall be construed to
relieve any Owner from securing such approvals, certificates and/or permits as may be required by law in
connection with the construction of any Improvement on any Lot.
7.17 Relationship with Association. The Architectural Committee has been created pursuant
to this Declaration to perform certain func$ons specified herein relating to the review and approval of
Plans and Specifications for Improvements built on the Property. The Architectural Committee does not
exercise the authority of the Board, and shall not do so unless and until (1) the Board shall have duly
appointed a majority of Board members to the Architectural Committee, and (2) the Board shall by
unanimous resolution, duly recorded in the records of the Association, make the Architectural Committee
a committee of the Board in accordance with the Texas Non-Profit Corporation AcL
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ARTICLE VIII
FUNDS AND ASSESSMENTS
8.01
(A) The Association may from time to time levy Assessments against each Lot whether or not
improved. The Level of Assessments shall be equal and uniform between all Lots, having
the same classification of residential use (single family, duplex, triplex, or fourplex);
provided, however, that no Assessments hereunder shall be levied against Declarant
(B) Where the obligation to pay an Assessment first arises after the commencement of the
year or other period for which the Assessment was levied, the Assessment shall be
prorated as of the date when said obligation first arose in proportion to the amount of the
Assessment year or other period remaining after said date.
(C) Each unpaid Assessment together with such interest thereon and costs of collection
thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot
against which the Assessment falls due, and shall become a lien against each such Lot
and all. Improvements thereon. The Association may enforce payment of such
Assessment in accordance with the provisions of this Article.
8.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be
deposited all monies paid to the Association and from which disbursements shall be made in performing
the functions of the Association under this Declaration. The funds of the Association must be used solely
for purposes authorized by this Declaration, as it may from time to time be amended.
8.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall
estimate the expenses to be incurted by the Association during such year in performing its functions under
the Restrictions, including but not limited to the cost of all roadway, median strip and right-of-way
maintenance, the cost of enforcing the Restrictions, and a reasonable provision for contingencies and
appropriate replacement reserves, less any expected income and any surplus from the prior year's fund.
Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the
level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the
sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the
Association may at any time, and from time to time, levy further Assessments in the same manner as
aforesaid. All such regular Assessments shall be due and payable to the Association at the beginning of
the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each
month, or in such other manner as the Board may designate in its sole and absolute discretion. Until the
Board shall determine otherwise by appropriate resolution, the initial amount of the annual Assessment
for each fiscal year shall be as follows:
Single Family Residence $120.00
Duplex 5240.00
Triplex and Fourplex $360.00
8.04 Special Assessments. In addition to the regular annual Assessments provided for above,
the Board may levy special Assessments whenever in the Board's opinion such special Assessments are
necessary to enable the Board to carry out the mandatory functions of the Association under the
Restrictions. The amount and due date of any special Assessments shall be at the reasonable discretion of
the Board.
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8.05 Owner's Personal Obligation for Payment of Assessments. The regular and special
Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot
covered by such Assessments. Except as otherwise provided in Section 8.01 (a) hereof, no Owner may
exempt himself from liability for such Assessments. In the event of default in the payment of any such
Assessment, the Owner of the Lot shall be obligated to pay interest at the highest rate allowed by
applicable usury laws then in effect on the amount of the Assessment from due date thereof (or if there is
no such highest rate, then at the rate of 1-12% per month), together with all costs and expenses of
collection, including reasonable attorney's fees.
8.06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this
Article but unpaid, shall, together with interest as provided in Section 8.05 hereof and the cost of
collection, including attorney's fees as herein provided, thereupon become a continuing lien and charge
on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such
Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be
superior to all other liens and charges against the said Loo except only for tax liens and all sums unpaid
on a first mortgage lien or first deed of trust filed of record, securing in each instance sums borrowed for
the acquisition or improvement of the Lot in question. The Association shall have the power to
subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary
with the Board and such subordination shall be effectuated by an officer of the Association, duly
authorized by the Board. To evidence an Assessment lien, the Association may prepare a written notice
of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot
covered by such lien, and a description of the Lot. Such notice shall be signed by an officer of the
Association, duly authorized by the Board, and shall be recorded in the office of the County Clerk of
Brazos County, Texas. Such lien for payment of Assessments shall attach with the priority above set
forth from the date that such payment becomes delinquent, and may be enforced subsequent to the
recording of a notice of Assessment lien as provided above, by foreclosure of the defaulting Owners' Lot
by the Association in like manner as a mortgage secured by a deed of taut on real property, or the
Association may institute suit against the Owner personally obligated to pay the Assessment and/or
foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or non
judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorney's fees incurred
by the Association. The Association shall have the power to bid on the property at foreclosure or other
legal sale and to acqu'hre, hold, lease, mortgage, convey or otherwise deal with the same. Upon the
written request of any Mortgagee, the Association shall report to said Mortgagee the status of any
Assessments (relating to the Mortgagee's Mortgage) that remain unpaid for longer than thirty (30) days
after due.
ARTICLE IX
EASEMENTS
9.01 Reserved Easements. All dedications, limitations, restrictions and reservations shown on
any plat covering all or any portion of the Property and all grants and dedications of easements, rights-of-
way, restrictions, and related rights made by Declarant prior to the Property becoming subject to this
Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes as if
fully set forth herein, and shall be construed as being adopted in each and every contract, deed or
conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property.
Declarant reserves the right to make changes in and additions to the said easements and rights-of-way for
the purpose of most effectively, efficiently and economically developing and marketing the Property.
Further, Declamnt reserves the right, without the necessity of the joinder of any Owner or other person or
entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights-of-way and
easements for public utility purposes (including, without limitations, gat, water, electricity, telephone and
SUN MEAWWS RF-STWrtONS.&C
IF
0
4
1
4
4
0
0
7
0743005
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dninage~ in favor of any persSn or entity, along and on either or both sides of any Lot line, any such 4
easement having a maximum width of seven and one-half (7-1/2) feet on each side of such Lot line. i
9.02 Installation and Maintenance. Easements for installation and maintenance of utilities and 4
drainage facilities are reserved as shown on the recorded plat. Within these easements, if any, no 4
structure, planting, or other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities; or in the case of drainage easements, which
may change the direction of or impede the flow of water through drainage channels in such easements.
The easement area of each Lot, if any, and all Improvements in such area shall be maintained 0
continuously by the Owner of the Lot, except for those Improvements for. which a public authority or 0
utility company is responsible. Neither Declarant nor any utility company using the easements herein or
referred to shall be liable for any damages done by them or their assigns, agents, employees or servants to
shrubbery, streets or flowers or other property of the Owners situated on the land covered by said 2
easements. 8
9.03 Surface Areas. The surface of easement areas for underground utility services may be
used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier
of any utility service using any easement area shalt be liable to any Owner or to the Association for any
damage done by them or either of them, or their respective agents, employees, servants or assigns, to any
of the aforesaid vegetation as a result of any activity reasonably relating to the construction, maintenance,
operation or repair of any facility in any such easement area.
9.04 Drainage Easements. Each Owner covenants to provide easements for drainage and
water flow, as contours of land and the arrangement of Improvements approved by the Architectural
Committee thereon require. Each Owner further covenants not to disturb or displace any trees or other
vegetation within the drainage easements as defined in this Dxlaration and shown on the Plat. There
shall be no construction of Improvements, temporary or permznent, in any drainage easement, except as
may be approved in writing by the Architectural Committee.
9.05 Encroachment Easement. If any Improvement erected or reconstructed by Declarant, a
builder or by an Owner, with the approval of the Architectural Committee, shall encroach on the Lot of an
adjoining Owner, the latter grants to the Owner of the Improvement an easement permitting the continued
existence of such encroachment.
9.06 Blanket Easement. An casement is hereby retained in favor of the Association over all
Lots and the Common Area for the purpose of enforcing the Restrictions in accordance with Section
6.04(E) hereof, and for the construction of a common cable television, internet and/or other
communications system, a common sprinkler system, or any other item for the common benefit of the
Owners. An easement is further granted for the purpose of repairing and maintaining any such system so
constructed. An entry upon any Lot or the Common Areas to effectuate the foregoing purposes shall not
be deemed a trespass.
ARTICLE X
MISCELLANEOUS
10.01 Term. This Declaration, including all of the covenants, conditions, and restrictions
hereof, shall run until December 31, 2025, unless amended as herein provided. After December 31, 2025,
- this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended
for successive periods often (10) years each, unless amended as provided in Section 10.03 below or
terminated by a written instrument executed by the Owners of at least three-fourths (3/4) of the Lots
'i
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SUN MEADOWS RESTIUCrtONS.&c
to be cast pursuant to
aired to be given by this Declaration shall be in
10.04 Notices. Any notice permitted of fen9 mail. If delivery is made by mail, it shall be deemed
be delivered either personally or by or legal holiday) after a COPY
writing and may a der Other than a Sunday to the pew at the address
to have been delivered tthe he Unted States mail, postage prepaid, addressed Such address 'nay
has been deposited to the Assoc". tion for the purpose of service Associationay be
given by such person notice iwriting given by such person to the
changed from time to time by construed to
10.05 Inte The provisions of this Declaration shall be lion oI the property and
rv_ re_ x-110" a uniform plan for the development and opera
effectuate the purposes of create fundamental concepts of the Property set forth in this Declaration. This
of promoting an I vcmed under the laws of the State of Texas
d
Declaration shall be construed and go vision in this Declaration to the
Fxe~T~ ^f DeclarontNotwithstanding any pro be subject to the control of
10.06 clarant's activities shall in any way limiting the generality of
contrary, neither Declarant nor any of De Without in any way
Architectural Committee. t of Declarant to excavate and
or under the jurisdiction of the revent or limit the righ ct any and all other types of
the preceding sentence, this DOclariage shall not p
grade, to cOnswct and alter drainage patterns and facilities, to ConStrU. signs i idental to construction,
Improvements, sales and leasing offices and similar facilities, and to P°Sl
rules and leasing anywhere within the Property-
07430
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filed of record in the Official Records of Brazos
tion
l
i
,
ara
then subject to this Dec
ithin the property
4
w
County, Texas- c, With Section 10-01
termination of this Declaration din action ordan, the Association, other
01
4
n
such
10.02 Disso_ lu~ t'"- Upo
a shall be dedicate to an
s
the Association shall be dissolved. In the event of any t to the
hos
of
the assets
Association
With reSpec
dation
l
s
e of the A
,
ve
i
a mergelo°r conso
tho
to
abo be used for purposes similar se c such assets shall granted,
that incident
ublic agency
tion to be devoted
i
,
0
an
7a
appropriate p
association. trust or other org
Common A cas. In the event that such 4Or raiion,
nonprofit cpo
n
y
conveyed, and assigned to a
2
to such similar Purposes.
r~
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10.03 Amendment- lone, until
be amended by the peclarant, acting alone, of the
may
g
(A) By D= ll • This Declaration
filed records for or no longer owns any
e votes the
ithe r filed plats of h
lds a majority of the
o
Declarant has e
, and thereafter for so long as Declarant be eclarant effectiv
larant em'n tuum nts been recorded
Property and
Der
Association. No amendment by
County, Texas,
cial Records of Brazos endment, and an instrument executed
Off
n
i
in the
d certifying that the Declarant had
acknowledged by Declarant and setting the h the a e
retary
S
ec
and acknowledged by the
the requisite number of votes-
03(A), after Declarant has O1
10
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.
on
peclaration
in
(g) ByAwrrers. In addition to the method Sect
er owns any PoRion of the Property, this
Texas, of an
unty,
long
no
lats of record for
iation
d
l
Kre
re
p
e
fi
in the of the Assoc
cording
tarY
may be amended by the re b the Pre den and S
ved by
ch amendment has been appro
t
am ndmtent and certifying that su
t"rtronrf h ~
setting five Percent (75%) of the number of votes entitled
t
-
y
Owners entitled to cast at least seven
ction 6 03 hereof.
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0743005
any provision in this Declaration to the 4
10.07 i t t of DectaranL Notwithstanding of its privileges, exemptio in ns, wrighthole or and duties
pecla in part.
rartt may assign, in whole or in pall, any it the participation,
contrary 4
under this Declaration to any other person or entity and may Perm
any ether person or entity in any of its Ixivilcges, exemptions, rights and duties hereunder. 4
10.08 nforcemcn and Non-waiver Owner at his own
t of Enforcement. Except as otherwise Provided herein, any and all of the
(A) i h and/or the Board shall have the right to enforce any 0
expense, Declarant.
provisions of the Restrictions. Such right of enforcement ~ alto all include both damages or
and injunctive relief against the breach of any not 3
rovision of the Restrictions at any time shall her
(B) Non_ wivr, The failure to enforce any P
constitute a waiver of the right thereafter to enforce any such provision or any
provision of said Restrictions. to in its udgnent, to claim or
(C) iens The Association shall have the right, when appropria J
impose in order to enforce any
a lien upon any Lot or improvement constructed thereon
i right or effect compliance with this Declaration.
`
10.09 onD31rtion. deemed independent shall be I
estrictions Severable The Provisions of the Restrictions Provision or portion thereof
(p) y partial invalidity of any pro portion thereof.
severable, and the invalidity or partty other provision or po
and
shall not affect the validity or enforccabili of any construction, the singular
Sin ular Includes Plural. Unless the contest requires a contrary (B) shall include the plural and the plural the singular; and the masculine, feminine or neuter
uline, feminine and neuter.
shall each include the masc
lions and titles used in this Declaration are intended solely for
(C) a lions. All cap limit or otherwise affect that which is set
1 convenience of reference and shall not articles. enlarge, forth in any of the paragraphs. sections o or r articles.
Deadlines on Business?' If any deadline in this Declaration should fall on a Saturday,
Sunday atically be extended to
(D) , or n Texas ss federal holiday, such deadline shall autom
the next business day.
oic_ e~f t-a~ This Declaration shall be construed in accordance with the laws of the
(E) Ch state of Texas. Bryan, Brazos County,
I IN WITNESS V~dHEREOF, Declarant has executed this Declaration in Bryi Texas as of this the J day of May. 2001.
GRAHAM ROAD, LTD. adn
i to ent, inc., General P er
i By: E & F De pm
ll Wins, President
B
I 21
SUN ME&DOws rttsTwcnM a°`
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