HomeMy WebLinkAbout10-00500138- 00075481THE STATE OF TEXAS
COUNTY OF BRAZOS
§
DECLARATION
OF
00805185 OR 5138 1 48
COVENANTS, CONDITIONS
RESERVATIONS AND RESTRICTIONS
OF
BENTWOOD SUBDIVISION PHASE I
WHEREAS, MLS DEVELOPMENT CORPORATION, INC., A TEXAS
CORPORATION ( "MLS "), is the owner of all that certain tract of land in Brazos County,
Texas, which has been heretofore platted, subdivided and designated as BENTWOOD
SUBDMSION PHASE I according to the map or plat thereof filed of record in Volume
4833 Page 194 in the Official records of the County Clerk of Brazos County, Texas;
WHEREAS, MLS desires to create and provide for the development improvement
and maintenance of BENTWOOD SUBDIVISION PHASE I, for the mutual benefit and
pleasure of the present and future property owners in such subdivision, and to protect the
property values within such subdivision by imposing upon and against all of the
designated lots therein the covenants, reservations and other provisions hereinafter set
forth; and
WHEREAS, ALL OF LOT TEN (10), BLOCK TWO (2), BENTWOOD
ESTATES, PHASE I, A SUBDIVISION IN BRAZOS COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4833, PAGE 194
OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, was sold to JAIME
ROMAN, SR., AND YELBA M. ROMAN, ( "ROMAN'I, who by their signatures below
hereby agree to and consent to have these Declaration of Covenants, Conditions,
Reservations and Restrictions of BENTWOOD SUBDIVISION PHASE I applicable to
their lot.
WHEREAS, ALL OF LOT FIFTEEN (15), BLOCK ONE (1), BENTWOOD
ESTATES, PHASE I, A SUBDIVISION IN BRAZOS COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4833, PAGE 194
OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, was sold to OPUS
VITAE, DESIGN BUILD, INC., ( "OVDB, INC '), who by their signatures below hereby
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agree to and consent to have these Declaration of Covenants, Conditions, Reservations
and Restrictions of BENTWOOD SUBDIVISION PHASE I applicable to their lot.
NOW THEREFORE, MLS, ROMAN and OVDB, INC. do hereby make, adopt
and establish the following reservations, restrictions, declarations, easements, limitations,
charges, agreements, covenants, conditions and stipulations, each of which shall be
applicable to BENTWOOD SUBDIVISION which compromises all of the designated
lots in Blocks One (1) and Two (2) therein according to the map or plat thereof filed in
record at the office of the County Clerk of Brazos County, Texas.
I.
DEFINITIONS
1. The following terms when used herein shall have the following meanings:
a. "MLS" shall mean MLS DEVELOPMENT CORPORATION, INC., a Texas
Corporation, its successors and assigns.
b. ` BENTWOOD" shall mean the BENTWOOD SUBDIVISION PHASE I.
c. "SUBDIVISION" shall mean BENTWOOD SUBDIVISION PHASE I, which
consists of all of the designated LOTS in Block One (1) and Two (2),
according to the map or plat thereof filed of record in Vol. 4833 Pages 194 of
the County Clerk of Brazos County Texas.
d. "RECORDING DATE" shall mean the date upon which this document is filed
of record with the County Clerk of Brazos County, Texas.
e. "LOT" or "PARCEL" shall mean those plots of land shown on the map or plat
of the SUBDIVISION filed of record with the Clerk of Brazos County, Texas,
with the exception of those plots of land designated as Reserve Tracts, and
reservations hereinafter made.
f. "OWNER" shall mean and refer to the record OWNER, whether one (1) or
more PERSON(S) or entities of the fee simple title to any LOT in the
SUBDIVISION, or any part or interest therein. OWNER shall not mean or
refer to any mortgagee, under any applicable theory of mortgage, unless and
until such mortgagee has acquired legal title pursuant to foreclosure or any
proceeding in lieu of foreclosure. The term OWNER shall further include any
PERSON or entity claiming title to any LOT or portion thereof by adverse
possession; any PERSON or entity leasing, renting or otherwise occupying
any LOT or part thereof, and/or any PERSON or entity claiming interest in a
LOT or part thereof under a contract of sale.
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g. "COMMITTEE" shall mean and/or refer to the Architectural Control
Committee established under the provisions of this document, its successors
and assigns.
h. "ASSOCIATION" shall mean and refer to BENTWOOD ASSOCIATION,
INC., a Texas non -profit corporation, provided for in this document, its
successors and assigns.
i. "COMMON AREAS" shall mean all real property owned by the
ASSOCIATION for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT" shall mean every structure and all appurtenances thereto
of every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping,
poles, signs, exterior air conditioning, water softener fixtures or equipment,
pumps, walls, tanks, reservoirs, pipes, meters, antennae towers and/or other
facilities used in connection with water, sewer, gas, electric, telephone,
regular or cable television, satellite, t.v. antennas, and/or other utilities.
k. "PERSON(S)" shall refer to any natural person, individual(s), and/or any
other entity unless the context indicates otherwise having the legal right to
hold title to real property.
1. "PLANS" and "SPECIFICATIONS" shall mean any and all documents
designated 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,
foundation plans, drainage plans, landscaping and fencing plans, elevation
drawings, floor plans, specifications on all buildings products and
construction techniques, samples of exterior colors, plans for utility services,
and all other documentation or information relevant to such
IMPROVEMENT.
m. References to the singular shall include the plural, and the plural shall include
the singular.
n. Terms utilizing bold, capital letters are used as defined terms. Terms utilizing
regular upper and lower class casing are used generically unless otherwise
indicated.
H.
RESERVATIONS
1. In so authenticating said map or plat for record and in so dedicating the use of the
streets (whether such thoroughfares are referred to as drives, avenues, roads, lanes, ways,
parkway, boulevards, or streets) as shown thereon to the public for ordinary roadway
purposes only, there was reserved and there is hereby expressly reserved in MLS the
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following rights, titles, and easements (hereinafter collectively called "Reservations ").
Reservations used herein shall be referred to as a part of and construed as being adopted
in each and every contract of sale, deed or instrument of conveyance executed or to be
executed by or on behalf of MLS conveying any property in the SUBDIVISION or any
part thereof.
a. The legal and fee simple title in and to each and all of said streets as shown on
said map or plat is hereby reserved in MLS subject to the limited dedication of
the use of streets, not marked as private by the letters "Pvt.," to the public for
ordinary roadway purposes only.
b. MLS reserves for itself, its successors and assigns, a perpetual nonexclusive
easement to lay, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such water, sanitary sewer and storm
pipes, gas pipes, mains and conductors and all appurtenances thereto relevant
to the operation of waterworks, sanitary sewer, storm sewer and/or drainage
systems as it may from time to time desire, in, along, under, over, across and
through all of the streets, both public and private, in the SUBDIVISION.
Such pipes, mains and conductors, lines, wires, conduits and appurtenances
shall be buried to such reasonable depths as will not interfere with the use of
the streets for ordinary roadway purposes.
c. MLS reserves for itself, its successors and assigns, title in and to all water,
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors,
all appurtenances thereto; and all electric distribution, communication lines,
wires, conduits and all appurtenances thereto constructed by MLS or its agents
in all of said streets in the SUBDIVISION, together with a perpetual easement
to operate, maintain, inspect, repair, reconstruct, change the size of and
remove such pipes, mains and conductors, lines, wires, conduits and
appurtenances thereto, as it or they may from time to time desire.
d. MLS reserves for itself, its successors and assigns, a perpetual utility
easement in, along, under, over, across, and through a ten (10) foot strip
around the entire perimeter of each PARCEL in the SUBDIVISION. The ten
(10) foot strip shall be measured from the property line of each PARCEL
inward. With respect to such easement, MLS shall have the right to construct,
operate, maintain, inspect, reconstruct, multiply, change the size of and
remove such utility lines and facilities (including without limitation of the
generality thereof, water, sanitary sewer, storm sewer, drainage pipes, gas
pipes, mains and conductors, and all appurtenances thereto; electric
distribution and communication lines, fiber optic lines, wires, conduits, guy
wires, poles, connections and all appurtenances thereto), as it or they may
from time to time desire, together with the right of ingress and egress thereto.
The utility easements hereby reserved are easements ten feet (10') wide at and
below normal ground level, extending upward to a plane one hundred twenty
feet (120') above the,ground, and from said plane and easements twenty feet
(20') in width, extending five feet (5') in width adjacent to and on both sides
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of the utility easements on each PARCEL. MLS further reserves the
exclusive right to grant franchises and easements to other utility OWNERS to
lay, construct, operate, maintain, inspect, reconstruct, change the size of,
multiply and remove such utility lines, as described above, in such utility
easements. These utility easements are not dedicated to the public in any
manner.
MLS further reserves for itself, its successors and assigns, a perpetual
drainage easement that shall be coextensive with the above described ten-foot
(10') utility easements.
MLS further reserves for itself, its successors and assigns, a perpetual
electrical utility easement located along all streets, both public aid private, in
the SUBDIVISION. Said electrical easement shall be ten feet (10') wide at
ground level, extend upward to a plane one hundred twenty feet (120') above
the ground and from said plane, and upward the easement is twenty feet (20')
wide.
e. MLS reserves for itself, its successors and assigns the right to make minor
changes in and additions to the utility easements hereinabove described for the
purposes of more efficiently and economically installing the
IMPROVEMENTS.
f. The conveyance by MLS of any PARCEL in the SUBDMSION by contract,
deed or other instrument of conveyance shall not in any event be held or
construed to include any of the rights, titles and easements heretofore reserved
in any of the foregoing paragraphs, nor the title to water, gas, sanitary sewer,
storm sewer, drainage, electric light, poles or conduits, pipes, mains and/or
any other utilities or appurtenances thereto constructed by its agents, in, along,
under, through, over across, or upon such easements, property, or any part
thereof, of any other section of MLS. The right to sell and lease or otherwise
transfer all such rights, titles, easements, utilities and appurtenances is
expressly reserved in MLS.
2. The foregoing Reservations of rights and easements shall not obligate MLS to
exercise any of such reserved rights and easements.
3. The invalidity, abandonment or waiver of any one or more of the foregoing
Reservations, any sentence, clause, and/or part thereof shall not affect the remaining
Reservations, sentences, clauses and/or parts thereof, which shall remain in full force
and effect.
III.
1. For the purpose of creating and carrying out a uniform plan for the parcelling and
sale of BENTWOOD as a district set aside for residential homes and certain other
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uses accessory thereto. The following restrictions, including without limitation
restrictions, covenants, declarations, easements, limitation, charges, agreements,
and conditions (hereafter collectively called the "Restrictions'), are hereby
established and adopted to apply uniformly to use, occupancy and conveyance of
all the PARCELS in BENTWOOD. Every contract, deed or conveyance which
may be hereafter executed with regard to any of the property in the
SUBDIVISION shall be conclusively deemed to have been executed, delivered
and accepted subject to the following Restrictions, even if the Restrictions are not
set out in full and are not incorporated by reference in such contracts of sale,
deed, lease, or other transfer of interest in any such PARCEL.
A. BUILDING AND CONSTRUCTION RESTRICTIONS
Except as otherwise herein provided, each PARCEL in the
SUBDIVISION shall be used only for non-commercial residential and
recreational purposes. Only single family residential dwellings and
appurtenances ordinary to residential living shall be permitted. To this
end, without limitation, the following structures may not be built on
any PARCEL in the Residential portion of the SUBDIVISION:
hospitals, clinics, rest homes, duplex houses, apartment houses, garage
apartments for Lease to the general public, mobile homes, hotels, or
any retail, wholesale, or other business or commercial establishment of
any kind or nature; however, OWNER shall be allowed to construct a
small, separate living quarters attached to the dwelling or garage for so
long as said separate living quarters are occupied by extended family
of OWNER .and not used as rental property, business or any other
commercial use;
2. No residence shall be constructed on any PARCEL that has an under
roof living area, excluding porches, garages, patios and the like of less
than two thousand five hundred (2,500) square feet;
3. No IMPROVEMENT greater than thirty-two (32) feet in height may
be constructed on any LOT without the prior written approval of the
COMMITTEE. For purposes of this paragraph, height shall be
measured from the foundation slab of the proposed IMPROVEMENT
to the ridge line of the roof of the proposed IMPROVEMENT;
4. All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows
and similar openings) shall be constructed of at least seventy -five
percent (75 %) masonry or other material specifically approved in
writing by the COMMITTEE. Masonry includes ceramic tile, brick,
rock, stucco, Fiber - Cement siding and all other materials commonly
referred to in the College Station, Texas area as masonry. The use of
prefabricated materials, including antique homes moved from other
locations, shall not be allowed;
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5. All dwellings must include at least a two-car garage constructed of
seventy-five (75 %) masonry;
6. The surface of all roofs of principal and secondary structures shall be
wood shingle, shakes, tile, quality composition shingle, or approved
metal roof. The COMMITTEE shall have authority to approve other
roof treatments and materials if the form utilized will not be a
detriment to the quality of the neighborhood;
7. 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 COMMITTEE and
approval of such design, including the aesthetics thereof, shall be
required before construction may begin;
8. All driveways shall be constructed of concrete or asphalt. No gravel
rock, limestone, dirt, or other forms of materials shall be permitted.
No driveway shall connect to FM 2154 (Wellborn Road). All
driveways must connect to streets within the subdivision.
9. The COMMITTEE shall have the right to approve the location of any
tank used or proposed in connection with a single family residential
structure, including tanks for storage of fuel, water, oil or Liquid
Petroleum Gas "LPG" and including swimming pool filter tanks. (No
elevated tanks of any kind shall be erected, placed or permitted on any
LOT.) All tanks shall be screened so as not to be visible from any
other portion of the Property;
10. Only one single family dwelling and appurtenances thereto, such as
garages and barns, may be placed or constructed on each of the
PARCELS as platted as of the RECORDING DATE. No tent, shack
or other temporary building, IMPROVEMENT or structure shall be
placed upon the Property without the prior written approval of the
COMMITTEE; provided however, that the COMMITTEE may
maintain or authorize temporary structures necessary for storage of
tools and equipment, and for office space for architects, buildings and
foremen on the Property during any period of actual construction,
which authorization, if given, shall include the nature, size, duration
and location of such structure or structures;
11. No Eighteen (18) Wheel Tractor Trailer Trucks shall be allowed to
park in the subdivision or on any Lot.
12. No building or structure, except fences, shall be located on any
PARCEL nearer to the front property line than fifty feet (50% or
nearer to either side of the property line than twenty -five feet (25% or
nearer to the back property line than fifty feet (50');
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13. Drainage structures where required under private driveways shall have
a net drainage opening area of sufficient size to permit the free flow of
water without back water, and shall be a minimum of eighteen (18)
inch diameter pipe culvert or such larger diameter as the
COMMITTEE shall require. Additionally the pipe shall have a
6 to 1 slope as extended beginning at the exposed portion of the pipe to
the end thereof.
14. No building materials of any kind or character shall be placed or stored
on any PARCEL more than thirty (30) days prior to construction of 'a
building or IMPROVEMENTS are commenced. All materials shall be
placed within the building lines as established above. At the
completion of the building or IMPROVEMENT excess or scrap
material must be immediately removed from the premises;
15. No stumps, trees, underbrush, refuge of any kind, and/or scrap material
from IMPROVEMENTS being erected on any PARCEL shall be
placed on any other PARCEL, or on streets or easements;
16. Exposed openings resulting from any excavation made of any
PARCEL shall be back filled and the disturbed ground shall be leveled
and reseeded with fiber mulch, blanket seeding, or sodding. No
change of elevation on any PARCEL greater than five feet (5') shall be
made without prior approval of the COMMITTEE;
17. No residential dwelling shall be built without a State of Texas
approved septic tank or other sewage disposal system that is so
approved; and
18. Mailboxes shall be erected and maintained on each LOT upon which a
residence is situated, and shall be fixed on masonry stanchions
(columns), approved by the COMMITTEE. No metal or wood post
stands are permitted. Each mailbox shall be new when installed,
constructed of durable steel or aluminum, and of size and shape
conforming to postal authority standards for single family residential
postal depositories. Mailboxes shall be located in accordance with
postal regulations; and
19. The COMMITTEE may approve or disapprove, for any reason or no
reason, at its sole discretion any item 1 -17 above.
B. GENERAL RESTRICTIONS
1. No noxious or offensive trade or activity shall be carried on upon any
PARCEL nor shall anything be done thereon which may be or become
an annoyance or nuisance to the neighborhood;
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2. No "commercial activity" of any kind shall be conducted on any LOT
within that portion of the SUBDIVISION affected by this declaration.
"Commercial Activity" shall include but not be limited to, the offering
for sale of any product or service, the manufacture or growth of any
product for purposes of sale without regard to whether such activities
are conducted in or from residential dwellings or otherwise;
3. No animals, livestock, or poultry of any kind shall be raised, bred,
and/or kept on any LOT within the SUBDMSION for commercial
purposes. Each PARCEL shall be allowed one animal unit (au) every
one (1) acre or fraction of an acre. One animal unit (au) is defined as:
1 cow = 1 au
1 horse = 1 au
1 dog or cat = 1 /2 au (Maximum 4 dogs or cats)
There will be no swine, sheep, goats or poultry allowed on any parcel
within the SUBDIVISION. There will be no wild, exotic or naturally
undomesticated animals allowed to be, caged or otherwise kept on any
PARCEL within the SUBDIVISION. No animals including dogs and
cats will be allowed to roam "free in the SUBDIVISION. In the event
any animal creates a nuisance to the SUBDIVISION in the sole and
exclusive opinion of the COMMITTEE, such animal will be removed
from the SUBDIVISION. BENTWOOD or members of the
COMMITTEE shall have the right to enter and remove any such
animal which is placed on any PARCEL in violation of this Section,
and in so doing, shall not be liable and is expressly relieved from any
liability for trespass or other sort in connection therewith, or arising
from such removal.
4. No sign(s), except sign(s) advertising property for sale and/or rent (not
exceeding five (5) square feet in size; advertisement billboard, and/or
advertising structure of any kind may be erected or maintained on any
PARCEL without the consent in writing of the COMMITTEE, MLS,
or members of the COMMITTEE shall have the right to enter and
remove any such signs), advertisement and/or billboard and/or
structure which is placed on any PARCEL without said consent, and in
so doing, shall not be liable and is expressly relieved from any liability
for trespass or other sort in connection therewith, or arising from such
removal;
5. No part of the SUBDIVISION shall be used or maintained as dumping
grounds for rubbish, trash, or garbage. Equipment for the storage or
disposal of such material(s) shall be kept in a clean and sanitary
condition. No trailer(s); recreational vehicle(s); tent(s); boat(s); and/or
stripped down, wrecked, junked, or otherwise wholly inoperable
vehicle shall be kept, parked, stored, and/or maintained on any portion
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of the driveway and/or front yard in front of the building line of the
permanent structure. Some shall be kept, parked, stored, or maintained
on other portions of a LOT only within an enclosed structure or a
screened area which prevents the view thereof from adjacent LOTS or
streets. No dismantling or assembling of motor vehicles, boats,
trailers, recreational vehicles, or other machinery or equipment shall
be permitted in any driveway or yard adjacent to a street;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds,
or other unsightly objects on their PARCELS or on the easements or
on the alley or the streets abutting the same. Each OWNER shall be
responsible for proper disposition of his/her trash or garbage.
OWNERS shall keep the drainage easements free of obstructions; each
lot must be maintained in an aesthetically pleasing fashion and mowed
such that grass does not exceed 10 inches in height. If a lot is not in
compliance with this regulation, MLS or the association may mow the
premises and/or remove any trash, rubbish or debris and bill the lot
owner for the cost thereof Said bill will be deemed additional
Assessments and failure to pay such bill shall be governed by Article
VI Paragraph 2 and Article IX.
7. After commencement of construction of any structure or
IMPROVEMENT, the work thereon shall be diligently prosecuted to
the end and the structure or IMPROVEMENT shall not remain in a
partly finished condition any longer than reasonably necessary for
completion thereof;
8. All construction projects shall be completed within 18 months of the
setting of the forms for the foundation. After such time, all tractors,
trailer, and offices must be immediately removed.
9. All fencing within one hundred feet (100') of any road in the
SUBDIVISION, running parallel to the right of way of such road or
substantially parallel thereto, shall be of such size, design, material and
color as is specifically approved by the COMMITTEE. In the event
LOT OWNER paints said fence, LOT OWNER shall maintain said
fence;
10. No act may be performed which is likely to pollute the air or water in
any part of the SUBDIVISION, nor may any property OWNER violate
any ordinance designed to eliminate pollution at that time in force
whether it be State, County or City;
11. No firearms or fireworks may be discharged in the SUBDIVISION or
on any PARCEL, easement or common area;
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12. Representatives of MLS, the ASSOCIATION, or the COMMITTEE
may from time to time at any reasonable hour, enter and inspect any
part of the SUBDIVISION to ascertain compliance with this document
or any amendments hereto;
13. No oil or gas drilling, development, refining, quarrying or mining
operations of any kind shall be permitted on any LOT, nor shall any
tanks, tunnels, mineral excavations or shafts be permitted on any LOT.
No derrick or other structures designed for use in boring or drilling for
oil, natural gas, or other minerals shall be erected, maintained or
permitted on any LOT save and except existing locations at time of
plat approval. Notwithstanding the foregoing, each OWNER, by its
acquisition of a parcel of the SUBDMSION has been, or will be
reserved by third parties or predecessors in title to the Property;
IV.
ARCHITECTURAL CONTROL
1. There is hereby created the Architectural Control Committee which shall consist
of two (2) members. The initial Architectural Control Committee is composed of
M. L. SCHEHIN
DEBBIE STOLL
A majority of the Architectural Control Committee may designate representatives
to act for it. In the event of the death or resignation or failure to serve by any
member of the CONRv=EE, the remaining members shall have full authority to
designate a successor. Neither the members of the COMMITTEE nor its
appointed representatives shall be entitled to any compensation for services
rendered pursuant to this covenant. After fifteen (15) years from the date of this
instrument, or at such earlier time as the majority of the COMMITTEE shall
determine the power to designate members of the Architectural Control
Committee will automatically pass to the Association. The COMMITTEE'S
approval or disapproval as required by the Restrictions shall be in writing.
2. No MTROVEMENT of any kind shall be erected, placed or altered in the
exterior design after being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, landscaping plans, or other plans,
specifications and plot plans showing the location and size of such
MIPROVEMENT has been submitted to the COMMITTEE, or its designated
representatives as to the harmony of external design with the existing structures
on PARCELS in the SUBDIVISION, as to type of exterior materials and exterior
paint colors, as to quality of workmanship and materials, and as to locations with
respect to topography and finished ground elevations, and compliance with all
applicable provisions of this document, and general compatibility within the
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SUBDIVISION. IMPROVEMENTS used herein include, but are not limited to,
building(s), fences, towers, antennas, porches, decks, walls, swimming pools,
water wells, playground equipment, outdoor cooking or eating facilities of a
permanent nature, docks, piers, barns, silos, cages, sheds, streets, alleys,
excavations and other earth movements. The COMMITTEE may require a
reasonable fee for performing the functions herein prescribed and may disapprove
plans, specifications, designs, and plot plans for failure to pay such fee. Such fees
shall be used by the COMMITTEE to discharge actual expenses incurred by the
COMMITTEE. After approval in writing has been given, the erecting, placing or
altering of the IMPROVEMENTS on any PARCEL shall be made only in
accordance with the approved plans, specifications and plot plans, unless
variations or changes are also approved in the same manner.
3. Neither MLS, nor the members of the COMMITTEE, representatives, and/or their
successors or assigns shall be liable in damages to anyone submitting plans to
them for approval, or to any OWNER or lessee of any PARCEL affected by these
Restrictions, by reason of mistake in judgement, negligence or nonfeasance
arising out of or in connection with the approval or disapproval or failure to
approve any plans submitted. Every person who submits plans to the
COMMITTEE for approval agrees by submission of such plans, and every
OWNER or lessee of any PARCEL within the property agrees, by acquiring title
thereto or interest therein, that he will not bring any action or suit against MLS,
the members of the COMMITTEE, or its representatives, to recover any such
damages.
4. At the option of a majority of the COMMITTEE, all of the powers, rights, duties,
and responsibilities of said COMMITTEE may be transferred to the
ASSOCIATION; in such event the ASSOCIATION shall appoint a representative
or representatives to perform all functions of the COMMITTEE. Said
representative or representatives shall be the successor of the COMMITTEE.
►il
BENTWOOD ASSOCIATION, INC.
1. Creation. The ASSOCIATION, a Texas non -profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas and with its
principal office located at 17815 F.M. 2154, College Station, Texas, 77845.
2. Incorporation. MLS shall cause the ASSOCIATION to be incorporated, and
MLS shall have the power to elect all members of the Board of Directors and to
fill any vacancies occurring therein until MLS has conveyed by deed, in the
aggregate, eighty percent (80 0 /6) of the LOTS in BENTWOOD, and any future
acreage developed under a common scheme or plan of development by MLS,
according to map or plat filed in the Official Records of Brazos County, Texas.
Once eighty percent (80 %) of the LOTS have been so deeded, the membership of
the Board of Directors shall be determined by majority vote of the land OWNERS
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of record that are subject to a required maintenance charge payable to the
ASSOCIATION. The voting shall be conducted according to rules established by
the Bylaws of the ASSOCIATION. MLS may elect to transfer power to elect
Board of Directors to said record OWNERS at any time.
Powers and Functions. The ASSOCIATION shall have powers and functions
provided by applicable law, its Articles of Incorporation, its Bylaws, as heretofore
or hereafter amended, respectively, and such other powers as set forth herein,
including without limitation, at its option, the right to maintain streets, lakes,
utilities, recreational areas; to provide for garbage pickup (at a cost to the
individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, furnish power or gas for street lighting, maintain
esplanades, and other common areas; and to establish rules and regulations for the
use of lakes, rivers, streets, and other SUBDIVISION facilities, specifically
erected and installed and designated to be controlled by the ASSOCIATION. The
ASSOCIATION shall administer the Maintenance Fund hereinafter provided.
4. Membership LOT ownership and membership in the ASSOCIATION shall be
inseparable. Transfer of a LOT automatically transfers membership in the
ASSOCIATION and all rights of the transferor with respect to the COMMON
AREAS and facilities to which ownership of such LOT relates.
5. Additions. If MLS develops. further acreage under a common scheme or plan of
development, as MLS, the ASSOCIATION, may require such property OWNERS
to be members of the ASSOCIATION and they shall have equal voting rights
therein on the same basis as OWNERS of property in this SUBDIVISION.
VI.
MAINTENANCE CHARGE
Creation of Annual Maintenance Charge. Each PARCEL in BENTWOOD,
PHASE ONE, is hereby subjected to annual maintenance charge of Two Hundred and
no /100 ($200) Dollars per year, payable annually in advance by the OWNER of each
PARCEL on the first day of January of each year, beginning 2003 and each
succeeding year thereafter until terminated as provided below, to the
ASSOCIATION, its successors and assigns for the purpose of creating a fund
described below, known as the "Maintenance Fund." Where any PARCEL is owned
by more than one person or entity, said maintenance charge shall be payable by all
such OWNERS, jointly and severally. The maintenance charge shall be prorated
between purchasers and sellers of PARCELS in the proportion that the remaining
months of the calendar year bear to the whole year. By acceptance of a deed or other
instrument of conveyance, or by any other claim of legal title to any PARCEL or
portion thereof, each OWNER agrees and consents to the maintenance charge shall be
paid for each year from 2003 through 2013 and shall be extended automatically for
successive periods of ten (10) years unless before 2013, or before the 31' day of
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00805185 OR 5138 61
December of any tenth year thereafter, the Owners of record of a majority of the
PARCELS in the SUBDIVISION vote to discontinue such charge by written
instrument which shall be signed and acknowledged by the OWNERS of record of a
majority of the PARCELS and recorded in the Official Records of Brazos County,
Texas.
2. Liens. The ASSOCIATION shall have a lien against any PARCEL for which the
annual maintenance charge provided herein shall not be paid effective upon the
thirtieth (3&) day following the date said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintenance charge
then due, owing and unpaid plus an additional delinquency charge of twelve percent
(12 11 /6) per annum of the unpaid balance accruing from the date said maintenance
charge became due and payable. The ASSOCIATION shall have the right to
evidence the existence of this lien by filing a sworn and acknowledged statement of
lien in the Office of the County Clerk of Brazos County, Texas, but the failure of the
ASSOCIATION to so file a statement of lien shall not affect the validity of the lien as
between the ASSOCIATION and the OWNER.
Purpose and Use of Maintenance Fund. The maintenance charge shall be used to
pay "maintenance expenses" which shall include without limitation expenses incurred
for any of the following purposes: lighting, constructing, improving and maintaining
any rights of way, easements, entry, streets, sidewalks, paths, fences, lakes, boat
launch, boat house, park, parkways, stables, tracks, pools, lodge, esplanades, and any
structures, facilities or area which can be used by all OWNERS which is the opinion
of the ASSOCIATION would benefit the SUBDIVISION as a whole; collecting and
disposing of garbage, ashes, rubbish and the like in said areas (other than garbage,
ashes, rubbish, and the like from constructed residential dwellings), caring for vacant
PARCELS, employing watchmen or any other action deemed desirable to protect
persons and property, payment of legal and all other expenses in connection with the
operation of the ASSOCIATION, and the enforcement of all recorded charges,
restrictions, covenants, agreements and conditions affecting property to which
maintenance charges apply, payment of all expenses in connection with the collection
and administration of the maintenance charges, and doing any other things necessary
and desirable in the opinion of the ASSOCIATION to keep property neat and in good
order of which it considers of general benefit to the SUBDIVISION. The act of the
ASSOCIATION and its expenditures of the Maintenance Fund shall be final so long
as it acts in good faith.
4. Increases or Reductions to Annual Maintenance Charge. The ASSOCIATION
may increase or reduce the maintenance charge from time to time by action applied
uniformly to all PARCELS in the SUBDIVISION as provided below.
5. Assessments. From and after 2003, the ASSOCIATION'S Board of Directors, at its
next annual or special meeting and at each annual meeting thereafter, shall set the
amount of the monthly assessments for each year for each LOT, taking into
consideration the current maintenance costs and future needs of the ASSOCIATION;
except, however, the monthly assessments may not be increased in any one year by
C:\2-W \RE \3ENTBO0D RESTRICTIONS 2 14
Doe OR 5138 629
more than twenty percent (20 %) of the then existing annual assessment, except on the
affirmative vote of OWNERS entitled to cast two-thirds (2/3) of the votes of the
ASSOCIATION, in person or by proxy at a meeting duly called for such purposes.
6. Developer Exemptment. MLS shall not be liable or in any way responsible for the
payment of any maintenance charge provided for herein.
VII.
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
In addition to the annual assessments for maintenance charges authorized above, the
ASSOCIATION may levy in any assessment year, special assessments applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, repair or replacement of a capital improvements upon
the COMMON AREA, including the necessary fixtures and personal property related
thereto, provided that any such assessment shall have the consent of a three - fourths
(3/4) majority of the votes of the members who are voting in person or by proxy at a
meeting duly called for this purpose. Written notice of a meeting called for this
purpose shall be sent to all members not less than thirty (30) days or more than fifty
(50) days in advance of the meeting setting forth the purpose of the meeting and the
proposal to be voted on.
2. No special assessments for capital improvements shall be made under this provision
prior to the time when the membership of the Board of Directors of the
ASSOCIATION is determined by majority vote of the land OWNERS of record
subject to the maintenance charge as hereinabove set forth
3. The Special Assessments shall be payable by the OWNERS on the dates and terms as
may be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
VIII.
SUBORDINATION OF THE LIEN TO MORTGAGES
The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure. the payment of monies advanced and used for the purpose of purchasing
and/or improving such LOT. Sale or transfer of any LOT or transfer of any LOT
pursuant to a foreclosure under such purchase money or IMPROVEMENT,
mortgages or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of
such assessments as to the payments thereof which became due prior to such sale or
transfer. No sale or transfer shall relieve such LOT from liability for any assessments
thereafter becoming due or from the lien thereof. No extinguishment of the lien shall
relieve the delinquent LOT OWNER from his/her personal obligation and liability
therefor.
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IX.
EFFECT OF NON - PAYMENT OF ASSESSMENTS:
REMEDIES OF THE ASSOCIATION
Any assessments and charges which are not paid when due are considered delinquent.
If the assessment is not paid within thirty (30) days after the due date, the assessment
shall bear interest from the date of the delinquency at the rate of twelve percent (12 %)
per annum. The ASSOCIATION may bring an action at law against the OWNER or
member personally obligated to pay the same, or foreclose the lien against the
property. Any interest, costs, and reasonable attorney's fees of any such action will
be added to the amount of such assessment. Each OWNER, by his acceptance of a
deed to a LOT hereby expressly vests in the ASSOCIATION, or its agents the right
and power to bring all actions against such OWNER personally for the collection of
such charges as a debt and to enforce the aforesaid lien by all methods available for
the enforcement of such liens, including foreclosure by an action brought in the name
of the ASSOCIATION in a like manner as a mortgage or deed of trust lien on real
property and such OWNER hereby expressly grants to the ASSOCIATION, a power
of sale in connection with said lien. The lien provided for in this section shall be in
favor of the ASSOCIATION, shall. be for the benefit of all other LOT OWNERS, and
shall be exercisable by a Trustee to be named or designated by the Board of Directors
of the ASSOCIATION. Any sale pursuant to this power shall be conducted in
accordance with the provisions of Article 3810 of the Texas Revised Civil Statues
Annotated. The ASSOCIATION acting on behalf of the LOT OWNERS shall have
the power to bid in an interest at foreclosure sale and to acquire and hold, lease,
mortgage, and convey the property.
FX
RE- SUBDIVISION
1. No Lot may be re- subdivided into smaller LOTS. This provision does not apply to
any real property reserved by MLS or to any real property that may be developed as a
part of the SUBDIVISION in the future under a common scheme or plan of
development.
M
WATER SERVICE
The SUBDIVISION is serviced by Wellborn Water Supply Corporation. Each
Lot Owner shall be required to contract directly with Wellborn Water Supply
Corporation. The cost of water, tap fees, membership fees, expansion reserve fees,
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00805185 OR 5138 64
installation fees, monthly use fees and meters shall be subject to the fee schedule of
Wellborn Special Utility District and paid by the Lot Owner.
MI.
MISCELLANEOUS PROVISIONS
The foregoing Restrictions are adopted as part of and shall apply to each and every
PARCEL in the SUBDIVISION. Such Restrictions are equally for the benefit of all
subsequent OWNERS or PARCELS in BENTWOOD and accordingly, shall be
covenants running with the land. Any OWNER or lienholder of any of the property
or the ASSOCIATION shall have the power to prosecute in the appropriate court a
suit at law or in equity to prevent any violation or attempted violation of the
Restrictions and to recover damages for any violation or attempted violation
including, but not limited to, reasonable attorney's fees; provided, however that this
clause shall not restrict any governmental agency from acting to enforce any of the
Restrictions.
2. The term of the Restrictions shall be for a period from the filing of this instrument for
record in Brazos County, Texas, until the l day of June, A.D., 2013, after which date
such Restrictions shall be automatically extended for such seccessive periods of ten
(10) years each, unless and until, by instruments executed by the then record
OWNERS of a majority of the PARCELS in BENTWOOD and duly recorded in
Official Records of Brazos County, Texas, such Restrictions are altered, rescinded,
modified or changed, in whole or in part.
3. Nothing contained in this document or any violation of any of the Restrictions shall
have the effect of impairing or affecting the rights of any mortgagee or trustee under
any mortgage or deed of trust outstanding against of the SUBDIVISION or any
portion thereof.
4. Any and all rights, powers and reservations of MLS herein contained may be assigned
to any person, corporation or association which will assume the duties pertaining to
the particular rights, powers, and reservations assigned, and upon any such person,
corporation or associations' evidencing its consent in writing to accept such
assignment and assume such duties, he or it shall, to the extent of such assignment,
have the same rights and powers and be subject to the same obligations and duties as
are given to and assumed by MLS herein and MLS shall thereafter be released from
any future liabilities. The term MLS as used in this document includes all such
assignees and their heirs, successors and assigns.
5. Every person who now or hereafter owns or acquires any right, title or interest in or to
any property in the SUBDIVISION is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, reservation and restriction
contained herein, whether or not any reference to this declaration is contained in this
instrument by which such person acquires an interest in the property.
CA M \RE\BENTWOOD RESTRICTIONS 2 17
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0805185 OR 5130 65
6. MLS reserves the right to make minor deviations from the -terms of this document to
the extent permissible by law and consistent with the general plan for development as
herein set out, all without further action or consent by or from any party.
7. The invalidity, violation, abandonment, waiver of or failure to enforce any one or
more of or any part of the provisions of this document shall in no way affect or impair
the remaining provisions or parts thereof which shall remain in full force and effect.
8. MLS, its successors and assigns, shall have the right to bring within the scheme of
this Declaration additional properties thereby subjecting such additional lands to this
Declaration, by filing of Record a Supplementary Declaration with respect to such
additional property which shall extend the scheme of this Declaration to such
property. The ASSOCIATION shall accept same to be owned and managed pursuant
to the terms and conditions of this Declaration.
9. Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration as may
be necessary to reflect the different character, if any, of the added properties as are
not inconsistent with the scheme of this Declaration. In no event, however, shall such
Supplementary Declaration revoke, modify or add to the covenants established by this
Declaration within the existing SUBDMSION.
Dated this _ day of FEBRUARY, 2003.
MLS DEVELOPMENT
CORPORATION
By: ,
M. L P S ENT
JA'EE-RIOMAN, SR.
YE A M. ROMAN
OPUS VITAE, DESIGN BUILD,
INC.
(NAME) (TITLE)
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00805185 DR 51.._ 66
THE STATE OF TEXAS §
COUNTY OF AWTGOM6 pj §
This instrument was acknowledged before me on the d day of FEBRUARY,
2003, by M. L. SCHEHIN, PRESIDENT OF MLS DEVELOPMENT CORPORATION,
_A TEXAS C ORPORATION, ON BEHALF OF SAID CORPORATION.
DONNA TUTT
Notary Public, Stare cf TOaM1
My Cotnrniasion Eapirm
March 12, 2003
THE STATE OF TEXAS §
COUNTY OF ;?,Sxmw §
) a`1Vr`L C:: �
PUBLIC, STATE OF TEXAS
This instrument was acknowledged before me on the at day of FEBRUARY,
2003, by JAIME ROMAN R. AND A M. ROMAN.
JOANN OLEXEY
wary ftk am. d T.w NOTARY PUBLIC, STA F TEXAS
Wc. E*—
AtXWST 25, 2006
THE STATE OF TEXAS §
COUNTY OF — ? - XA&0 5 §
This instrument was acknowled ed before me the of FEBRUARY,
2003, by ��'o,.� QM Y= Q t; OF OPUS VITAE,
DESIGN BUILD, INC., A S CORPORTION, ON BEHALF OF SAID
CORPORATION. / —. n r--ti Ik
ALANA din `
N, t sera d r F T
FEBRUARY �O PUBLIC,
PIMPX=IN THE LAW OFFICE OF:
J. FRED BAYLISS, P.C.
1305 WEST VILLA MARIA
BRYAN, TEXAS 77801
AFTER RECORDING RETURN TO:
AGGIELAND TITLE COMPANY
3608 EAST 29 STREET, SUITE #101
BRYAN, TEXAS 77802
c:umtna\asenwoon aasrercx2ous 2 19