HomeMy WebLinkAboutDeclaration of Covenants and Restrictions Filed for Record in:
BRAZOS COUNTY
On Sea 22/2008 r} 04 :23P
As a
Recordins_
Bocument Number: 01001064S
Amount 147zis
Receipt Number - 3506$5
�St
C:athin Rinr_on
•
SECOND RESTATED AND AMENDED
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
CASTLE ROCK
•
•
1 z1
�11�`J
TABLE OF CONTENTS
ARTICLE 1.
DEFINITIONS Page 2
1.01 "Architectural Committee" Page 2
1.02 "Architectural Committee Rules" Page 2
1.03 "Articles" Page 2
1.04 "Assessment" Page 2
1.05 ". ociatiorl" Page 2
1.06 "Board" Page 2
1.07 "Bylaws" Page 2
1.08 "Castle Rock Communities" Page 2
1.09 "Castle Rock Residential.Restriction$" Page 3
1.10 "Castle Rock Rules" Page 3
1.11 "Common Areas" Page 3
1.12 "Declarant" Page 3
1.13 "Declaration" Page 3
1.14 "Improvement" Page 3
1.15 "Lot" Page 3
1.16 "Member" Page 3
1.17 "Mortgage" Page 3
1.18 "Mortgagee" Page 3
1.19 "Owner" Page 4
1.20 "Person" Page 4
1.21 "Plans and Specifications" Page 4
1.22 "Property" Page 4
ARTICLE 2
DEVELOPMENT OF THE PROPERTY Page 4
2.01 Development or Sale by Declarant. Page 4
2.02 Addition of Land. Page 4
2.03 Withdrawal of Land. Page 4
ARTICLE 3
GENERAL RESTRICTIONS Page 5
3.01 Construction of Improvements. Page 5
3.02 Antennas. Page 5
3,03 Insurance Rates. Page 5
3.04 Subdividing. Page 5
3,05 Sians. Page 5
3.06 Clotheslines. Garbage Cans. Rubbish and Debris. Page 6
3.07 Noise. Page 6
3.08 Lighting. Page 6
3.09 Nuisance and Lateral Supggg. Page 6
3.10 Repair of Improvements. Page 6
3.11 Alteration or Removal of lmprovements. Page 6
Second Restated and Amended Declaration of
Covenants, Conditions, and Restrictions of Castle Rock
3.12 Roofing Materials. Page 7
3.13 Solar Equipment. Page 7
3.14 Driveway. Page 7
3.15 Tanks. Page 7
3.16 Underground Utility Lines. Page 7
3.17 Drainage. Page 7
3.18 Hazardous Activities. Page 7
3.19 Mining and Drilling. Page 8
3.20 Machinery and Equipment. Page 8
3.21 Temporary Structures. Page 8
3.22 Unsightly Articles; Vehicles; Garage Doors. Page 8
3.23 Mobile Homes, Travel Trailers, Recreational Vehicles. Page 8
3.24 Fenges. Page 9
3.25 Animals. Page 9
3.26 Maintenance of Lawns and Plantings. Page 10
3.27 l_andscage Design. Page 10
3.28 Construction and Sales Activities..... Page 10
3,29 Mailboxes. Page 10
3.30 Sight Lines. Page 10
3.31 Garage Conversions. Page 11
3.32 Lake and Other Puplic Areas. Page 11
3.33 Parking and Prohibited Vehicles. Page 11
3.34 Doors and Windows. Page 12
3.35 Registered Sex Offenders Page 12
3.36 Compliance with Provisions of Castle Rock Residential Restrictions Page 12
3.37 No Warranty of Enforceability Page 12
ARTICLE 4
RESIDENTIAL RESTRICTIONS Page 12
4.01 Residential Use. Page 12
4.02 Garages. Page 13
4.03 Outhuiidings. Page 13
4,04 Building Height. Page 13
4.05 Building Materials. Page 13
4.06 Construction in Pac Page 13
4.07 Setback Requirements. Page 14
ARTICLE 5
CASTLE ROCK OWNERS ASSOCIATION Page 14
5.01 Organization. Page 14
5.02 Membership. Page 14
5.03 Voting Rights Page 14
5.04 Powers and Authority of the Association. Page 14
5.05 Landscape and Maintenance. Page 16
5.06 Common Areas Page 16
5.07 Agreement with City of College Station. State of Texas, and County of Brazos. Page 18
5.08 Indemnification. Page 18
Second Restated and Amended Declaration of
Covenants, Conditions, and Restrictions of Castle Rock ii
ARTICLE 6
ARCHITECTURAL COMMITTEE Page 18
6.01 Membership of Architectural Committee. Page 18
6.02 Action by Architectural Committee. Page 18
6.03 Advisory Members. Page 18
6,04 Term. Page 18
6.05 Declarant's Rights of Appointment. Page 18
6.06 Adoption of Rules. Page 19
6.07 Review of Proposed Construction. Page 19
6.08 Actions of the Architectural Committee. Page 20
6.09 No Waiver of Future Approvals. Page 20
6.10 Work in Progress. Page 20
6.11 No Liability for Architectural Committee Members. Page 20
6.12 Address. Page 20
6.13 Failure to Act. Page 20
6.14 Variances. Page 20
6.15 Governmental Agency Approval. Page 20
6.16 Relationship with Association. Page 21
ARTICLE 7
FUNDS AND ASSESSMENTS Page 21
7.01 Assessments. Page 21
7.02 Maintenance Fund. Page 21
7.03 Regular Annual Assessments. Page 21
7.04 Special Assessments... Page 22
7.05 Owner's Personal Obligation for Payment of Assessments. Page 22
7.06 Assessment and Fine Lien and Foreclosure. Page 22
ARTICLE 8
EASEMENTS Page 23
8.01 Reserved Easements. Page 23
8.02 Installation and Maintenance. Page 23
8.03 Surface Areas. Page 23
8.04 Drainage, Easements. Page 23
8.05 Blanket Easement. Page 24
ARTICLE 9
MISCELLANEOUS Page 24
9.01 Term. Page 24
9.02 Dissolution. Page 24
9.03 Amendment. Page 24
9.04 Notices. Page 25
9.05 Interpretation. Page 25
9.06 Exemption of Declarant. Page 25
9.07 Assignment of Declarant. Page 25
9.08 Enforcement and Nonwaiver. Page 25
9.09 Construction. Page 26
Second Restated and Amended Declaration of
Covenants, Conditions, and Restrictions of Castle Rock iii
SECOND RESTATED AND AMENDED
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
CASTLE ROCK
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This SECOND RESTATED AND AMENDED DECLARATION OF COVENANTS, CONDI,TIONS,
AND RESTRI ,ONS OF CASTLE ROCK (the "Declaration "), is made effective as of the ,��t/ day
of 2008, by GREENS PRAIRIE INVESTORS, LTD, a Texas limited partnership,
(herein.fler sometimes referred to as "Declarant "). This instrument supercedes and completely
replaces the Declaration of Covenants, Conditions, and Restrictions of Castle Rock dated September
7, 2007, recorded in Volume 8233, Page 153, Official Records, Brazos County, Texas (the original
Declaration) and the Restated and Amended Declaration of Covenants, Conditions and Restrictions
of Castle Rock dated January 21, 2008, recorded in Volume 8423, Page 14, Official Records, Brazos
County, Texas (the amended Declaration).
Declarant is the owner and developer of certain residential Lots and other parcels within
a tract of land now or hereafter commonly known and described as Castle Rock, (which lots are
more particularly described on the multiple plats of sections of Castle Rock, recorded or to be
recorded in the Official Records of Brazos County, Texas), and which land subject to this
Declaration is the 76.65 acre tract of land described in Exhibit 'A ", attached hereto and made a
part hereof, SAVE AND EXCEPT the 3.6110 acre tract of land described in Exhibit "B ", attached
hereto and made a part hereof. The 3.6110 acre tract, also called Castle Rock Section 1B,
described in Exhibit "B ", is not subject to this Declaration. Declarant desires to establish and
implement plans for residential living, recreation, aesthetic and quality-of -life considerations. The
purposes of this Declaration are to: protect the Declarant and the Owners against inappropriate
development and use of Lots within the Subdivision; provide use, maintenance and repair of
compatibility of design of improvements within the Subdivision; secure and preserve sufficient
setbacks and space between buildings so as to create an aesthetically pleasing environment;
provide for landscaping and the maintenance thereof; and in general to encourage construction
of attractive, quality, permanent improvements that will promote the general welfare of the
Declarant and the Owners. Declarant desires to impose these restrictions on the Property now and
yet retain reasonable flexibility to respond to changing or unforeseen circumstances so as to guide,
control and maintain the quality and distinction of Castle Rock project. The restrictive covenants
herein will preserve the best interests of the Declarant and the Owners and Residents of Castle
Rock after completion of all development and construction therein.
WHEREAS the Declarant desires to convey the Property subject to certain protective
covenants, conditions, restrictions, liens and charges as hereinafter set forth;
Second Restated and Amended Declaration of Covenants, Conditions, 1
and Restrictions of Castle Rock
WHEREAS the Declarant desires to create and carry out a uniform plan for the
improvement, development and safe of the Property for the benefit of the present and future
owners'of the Property;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that
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 preserving the value and
desirability of, and which shall run with, the Property and shall be binding on all parties having any
right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns,
and which shall inure to the benefit of each owner thereof; and (ii) that each contract or deed that
may hereafter be executed with regard to the Property or any portion thereof shall conclusively be
held to have been executed, delivered and accepted subject to the following covenants, conditions
and restrictions regardless of whether or not the same are set out or referred to in said contract,
or deed.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when
used in this Declaration shall have the following meanings hereinafter specified:
1.01 Architectural Committee. "Architectural Committee" shall mean the committee created
pursuant to this Declaration to review and approve plans for the construction of
Improvements on the Property.
1.02 Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and
regulations adopted by the Architectural Committee, as the same may be amended from
time to time.
1.03 Articles. "Articles" shall mean Articles of Incorporation of Property Owners of CASTLE ROCK
Subdivision, Inc., as that instrument may be amended from time to time, which instrument
is filed in the office of the Secretary of State of the State of Texas.
1.04 Assessment. "Assessment" or "Assessments" shall mean such assessments as may be
levied by the Association under the terms and provisions of the Declaration.
1.05 Association. "Association" shall mean Property Owners of CASTLE ROCK Subdivision, Inc.,
a Texas non - profit corporation, which shall have authority and responsibility for all of the
communities and subdivisions of Castle Rock, as hereafter defined.
1.06 Board. "Board" shall mean the Board of Directors of the Association. Board members may,
but need not, be Members of the Association.
1.07 Bylaws. "Bylaws shall mean the Bylaws of the Association as adopted by the Board, and
from time to time amended.
1.08 CASTLE ROCK Communities. Declarant, or Declarant's assigns, may create additional
phases or sections of Castle Rock, and adopt the same or similar restrictions, rules, and
Second Restated and Amended Declaration of Covenants, Conditions. 2
and Restrictions of Castle Rock
regulations for such phases or sections, and make the additional phases or sections subject
to the Association.
1.09 CASTLE ROCK Residential Restrictions. "CASTLE ROCK Residential Restrictions" shall mean
this Declaration, as the same may be amended from time to time, together with the
CASTLE ROCK Rules, Architectural Committee Rules and the Articles and Bylaws of the
Association as the same are in effect from time to time.
1.10 CASTLE ROCK Rules. "CASTLE ROCK Rules" shall mean the rules and regulations adopted
by the Board as the same may be amended from time to time.
1.11 Common Areas. "Common Areas" shall mean any land conveyed, leased, dedicated or
assigned by Declarant, or a third party with the Association's consent, to the Association
for maintenance and operation, including, but not limited to, easements, roads, entryways,
roadways, rights -of -ways, parkways, median strips, sidewalks, parks, swimming pools,
trails, paths, ponds, creeks, and lakes within the Property.
1.12 Declarant. "Declarant" shall mean Greens Prairie Investors, Ltd., its duly authorized
representatives or their respective successors or assigns; provided that any assignment of
the rights of Greens Prairie Investors, Ltd., as Declarant, must be expressly set forth in
writing and the mere conveyance of a portion of the Property without written assignments
of the rights of Declarant shall not be sufficient to constitute an assignment of the rights
of Declarant hereunder.
1.13 Declaration. "Declaration" shall mean this instrument as it may be amended from time to
time.
1.14 Improvement. "Improvement" shall mean every structure and all appurtenances thereto
of every type and kind, including but not limited to buildings, outbuildings, storage sheds,
patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls,
retaining walls, stairs, decks, landscaping, pole signs, exterior air conditioning, water
softener fixtures or equipment, and poles, pumps, walls, tanks, reservoirs, pipes, lines,
meters, antennae, towers and other facilities used in connection with water, sewer, gas,
electric, telephone, regular or cable television, or other utilities.
1.15 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as
a subdivided lot on a recorded plat of the Property, together with all Improvements located
thereon,
1.16 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding
membership rights to the Association.
1.17 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.
1.18 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any
Mortgage or Mortgages.
Second Restated and Amended Declaration of Covenants, Conditions, 3
and Restrictions of Castle Rock
1.19 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.
1.20 Person. "Person" or "Persons" shall mean an individual or individuals, entity or entities
having the legal right to hold title to real property.
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, foundation plans, drainage plans, landscaping and fencing
plans, elevation drawings, floor plans, specifications on all building products and
construction techniques, samples of exterior colors, plans for utility services, and all other
documentation or information relevant to such Improvement.
1.22 Property. "Property" shall mean the real property in Brazos County, Texas described as
Castle Rock, College Station, Texas, according to plat recorded in Volume 8214, Page 234,
Official Records of Brazos County, Texas.
ARTICLE 2
DEVELOPMENT OF THE PROPERTY
2.01 Development or Sale by Declarant, Declarant may divide or subdivide the Property into
several areas, develop some of the Property, and, at Declarant's option, sell any portion of
the Property free of the restrictions set forth in this Declaration.
2.02 Addition of Land. Declarant may, at any time and from time to time, add any other lands
to the Property, and upon such addition, this Declaration and the covenants, conditions,
restrictions and obligations set forth herein shall apply to the added land, and the rights,
privileges, duties and liabilities of the persons subject to this Declaration shall be the same
with respect to the added and as they are with respect to the lands originally covered by
the Declaration. In order to add lands to the Property hereunder, Declarant shall be
required only to record in the Official Records of Brazos County, Texas, a Notice of Addition
of Land containing the following provisions:
(1) A reference to this Declaration, which reference shall state the book and page numbers
of the Official Records of Brazos County wherein this Declaration is recorded;
(2) A statement that the provisions of this Declaration shall apply to the added land; and
(3) A legal description of the added land.
2.03 Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdraw
areas from the Property, and upon such withdrawal, this Declaration and the covenants,
conditions, restrictions and obligations set forth herein shall no longer apply to those lands
withdrawn. In order to withdraw lands from the Property hereunder, Declarant shall be
required only to record in the Official Records of Brazos County, Texas, a Notice of
Withdrawal of Land containing the following provisions:
Second Restated and Amended Declaration of Covenants, Conditions, 4
and Restrictions of Castle Rock
(1) A reference to this Declaration, which reference shall state the book and page numbers
of the Official Records of Brazos County wherein this Declaration is recorded;
(2) A statement that the provisions of this Declaration shall no longer apply to the
withdrawn land; and
(3) A legal description of the withdrawn land.
ARTICLE 3
GENERAL RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed
subject to the following limitations and restrictions:
3,01 Construction of Improvements. No Improvements shall hereafter be constructed upon any
of the Property without the prior approval of the Architectural Committee.
3.02 Antennas.
Antennas may be installed and maintained on any Lot, provided they are to the greatest
• reasonable extent, screened from view from Owners of adjacent Lots, according to
reasonable CASTLE ROCK Rules to be established from time to time by the Architectural
Committee or Board.
"Antenna" means any exterior antenna, aerials, satellite dishes or other apparatus (a) of
one meter or less in diameter that is used to receive direct broadcast satellite service or to
receive or transmit fixed wireless signals via satellite; (b) of one meter or Tess in diameter
that is used to receive video programming services via multipoint distribution services or
to receive or transmit fixed wireless signals via other than satellite; or (c) that is used to
receive television broadcast signals.
3.03 Insurance Rates. Nothing shall be done or kept on the Property that would increase the
rate of insurance or cause the cancellation of insurance on any Lot or any of the
Improvements located thereon without the prior written approval of the Board.
3.04 Subdividing, No Lot shall be further divided or subdivided, nor may any easement or other
interest therein Tess than the whole be conveyed by the Owner thereof without the prior
written approval of the Architectural Committee; provided, however, that when Declarant
is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an
easement or other interest less than the whole, all without the approval of the Architectural
Comm ittee.
3.05 Signs. No sign of any kind may be erected or maintained on any Lot without the consent
in writing of the Architectural Committee except the following permitted signs:
(1) signs advertising the Lot for sale;
Second Restated and Amended Declaration of Covenants, Conditions, 5
and Restrictions of Castle Rock
(2) not more than two (2) political signs;
(3) school spirit signs; or
(4) security signs.
No permitted sign shall exceed five (5) square feet without the prior written approval of the
Architectural Committee. Declarant or the Architectural Committee shall have the right to
enter and remove any unapproved sign, advertisement, billboard or structure which is
placed on any Lot without the Declarant or the Architectural Committee's consent, and in
so doing, shall not be liable and is expressly relieved from any liability for trespass or other
sort in connection therewith, or arising from such removal.
3.06 Clotheslines, Garbage Cans, Rubbish and Debris. No rubbish or debris of any kind shall be
placed or permitted to accumulate upon a Lot and no odors shall be permitted to arise
therefrom so as to render the Property or any portion thereof unsanitary, unsightly,
offensive or detrimental to any other property or its occupants. No clotheslines shall be
erected or installed on the exterior portion of any Lot and no clothing, linens or other
material shall be aired or dried on the exterior portion of any Lot. All garbage cans, above-
ground storage tanks, mechanical equipment, woodpiles, yard equipment and other similar
items on Lots shall be located or screened so as to be concealed from view of neighboring
Lots, streets, and properly located adjacent to the Lot. All rubbish, trash, and garbage shall
be stored in appropriate containers approved by the Board and shall regularly be removed
from the Properties and shall not be allowed to accumulate thereon. If rubbish or debris
accumulates upon any Lot in violation of this provision in the judgment of the Association,
the Association may remove the rubbish or debris, and charge a special assessment to the
Owner of the Lot.
3.07 Noise. No noise or other nuisance shall be permitted to exist or operate upon any portion
of the Property so as to be offensive or detrimental to any other portion of the Property or
to its occupants.
3.08 Lighting. No exterior lighting of any sort shall be installed or maintained on a Lot where
the light source is offensive or a nuisance to neighboring property, except for reasonable
security or landscape lighting that has the approval of the Architectural Committee.
3.09 Nuisance and Lateral Support. No noxious or offensive activity or work shall be conducted
upon any Lot so as to impair the structural soundness or integrity of any Improvement on
any other Lot, or which may be or may become an annoyance or nuisance to the
neighborhood.
3.10 Repair of Improvements. All Improvements upon the Property, including any Lot, shall at
all times be kept in good condition and repair and adequately painted or otherwise
maintained by the Owner or Owners thereof.
3.11 Alteration or Removal of Improvements. Exclusive of normal maintenance, any
construction or removal in connection with any Improvement, which in any way alters the
exterior appearance of said Improvement, shall be performed only with the prior written
approval of the Architectural Committee.
Second Restated and Amended Declaration of Covenants, Conditions, 6
and Restrictions of Castle Rock
3.12 Roofing Materials. The surface of all roofs of principal and secondary structures shall be
metal, shingle, wood shakes, tile, or dimension architectural quality composition shingle.
The Architectural Committee shall have authority to approve other roof treatments and
materials when in its determination such treatment and materials in the form utilized will
not be a detriment to the quality of the neighborhood.
3.13 Solar Equipment. In the event an Owner desires to use solar panels or other solar
equipment in connection with the use of any Lot, the location and installation design
thereof shall be submitted to the Architectural Committee and approval of such design,
including the aesthetics thereof, shall be required before construction may begin.
3.14 Driveway. The Architectural Committee shall have the right to impose limitations on
driveway design, including materials, aprons, location and point of contact with dedicated
roads, streets or private driveways within the Property.
3.15 Tanks. The Architectural Committee shall have the right to approve the location of any
tank used or proposed in connection with a single family residential structure, including
tanks for storage of fuel, water, oil or LPG and including swimming pool filter tanks. (No
elevated tanks of any kind shall be erected, placed or permitted on any Lot). All tanks shall
be screened so as not to be visible from any other portion of the Property.
3.16 Underground Utility Lines. No utility lines, including, but not limited to, wires or other
devices for the communication or transmission of telephone or electric current or power,
cable television or any other type of line or wire shall be erected, placed or maintained
anywhere in or upon any portion of the Property unless the same shall be contained in
conduit or cables installed and maintained underground or concealed in, under or on
Improvements as approved in writing by the Architectural Committee, except what has
already been constructed by the City of College Station, prior to August, 2007; provided,
however, that no provision hereof shall be deemed to forbid the erection of temporary
power or telephone structures incident to the construction of Improvements which have
been previously approved in writing by the Architectural Committee. The installation
method, including but not limited to location, type of installation equipment, trenching
method and other aspects of installation for both temporary and permanent utilities, shall
be subject to review and approval by the Architectural Committee.
3.17 Drainage. There shall be no interference with the established drainage patterns over any
of the Property, except by Declarant, unless adequate provision is made for proper drainage
and 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 person or property. Without limiting the generality of the foregoing, no
firearms or fireworks shall be discharged upon the Property, and no open fires shall be
lighted or permitted on a Lot except in contained barbeque units while attended and in use
for cooking purposes, or within safe and well - designed (i) interior fireplaces, (11) exterior
fireplaces, or (iii) outdoor chimneys (or chimineas).
Second Restated and Amended Declaration of Covenants. Conditions, 7
and Restrictions of Castle Rock
3.19 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or
mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells,
tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot, No derrick or
other structure designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any Lot. No well, pump, shaft, casing or other facilities for the removal
of subsurface water shall be placed or maintained on any Lot, and no boring, drilling,
removal or exploration for subsurface water or the injection of water or waste water shall
be conducted on any Lot.
3.20 Machinery and Equipment. Without the approval of the Association or Declarant, no
machinery or equipment of any kind shall be placed, operated or maintained upon or
adjacent to any Lot or Common Area except such machinery or equipment as is usual and
customary in Brazos County, Texas, in connection with the use, maintenance, or
construction of a private residence or appurtenant structures or recreational facilities
maintained by the Association; provided, however, such machinery or equipment may be
placed, operated or maintained by any governmental or quasi - governmental agency, or by
any public utility, in the performance of its legitimate functions.
3.21 Temporary Structures. No tent, shack or other temporary building, improvement or
structure shall be placed upon a Lot without the prior written approval of the Architectural
Committee; provided, however, that the Declarant may maintain or authorize temporary
structures necessary for storage of tools and equipment, and for office space for architects,
builders and foremen on a Lot during any period of actual construction, which
authorization, if given, shall indude the nature, size, duration and location of such structure
or structures.
3.22 Unsightly Articles; Vehicles; Garage Doors. No trailer, recreational vehicle, tent, boat, or
stripped down, wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored,
or maintained on any portion of the driveway or front yard, in front of the building line of
the permanent structure, and same shall be kept, parked, stored or maintained on other
portions of a Lot only within an enclosed structure or a screened area which prevents the
view thereof from adjacent Lots or streets. No dismantling or assembling of motor vehicles,
boats, trailers, recreational vehicles, or other machinery or equipment shall be permitted
in any driveway or yard adjacent to a street. Garage doors shall be kept closed at all times
except for reasonable time periods when such doors are in use. The Association may
establish rules and regulations regarding the definition of "reasonable time periods."
3.23 Mobile Homes, Travel Trailers, Recreational Vehicles. No mobile homes shall be parked or
placed on any Lot at any time. No travel trailers or recreational vehicles may be kept on
any Lot unless enclosed in a garage or parked so as not to be visible from adjoining
property or public or private thoroughfares. In the event a travel trailer or recreational
vehicle is not enclosed in a garage, the Architectural Committee must approve the location
of its storage site. This restriction regarding travel trailers and recreational vehicles shall
not apply to guests staying at any Lot for Tess than forty -eight (48) hours.
Second Restated and Amended Declaration of Covenants, Conditions, s
and Restrictions of Castle Rock
3.24 Fences.
(A) No fence, wall, or hedge shall be built or maintained forward of the front wall line
of the main structure, not including decorative walls or fences, which are part of the
Architectural Committee approved architectural design of the main structure, and which are
not to be built or maintained nearer than the building setback line of any Lot. An exception
shall be made in the case of retaining walls not to exceed twenty -four inches (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 in order to accommodate
a unique, attractive or advanced building concept design or material and the resulting
decorative wall and /or retaining wall will not detract from the general appearance of the
neighborhood, or in the case where a Lot has a side yard which is adjacent to the backyard
of an adjacent Lot. No chain -link fences may be built or maintained on any Lot.
(B) Unless otherwise approved by the Architectural Committee or as provided below,
any fence built or maintained on any Lot shall be constructed only of standard grade 1" by
6" cedar privacy fence materials, six (6') feet in height, with the finished (smooth) side
fadng streets or Common Areas, and /or adjoining properties which are not part of Castle
Rock, and the rough side facing the interior of any Lot. All wood fences shall be stained
on the side facing streets or Common Areas with a stain product to be approved by the
Architectural Committee. Until further notice, the stain to be used shall be Sable Brown,
semi - transparent, manufactured by Wood Defender, with a three year warranty. However,
Declarant, in its sole and absolute discretion, may erect wrought iron fencing on the
boundary of any Lot, and the Owner of the Lot shall be responsible for maintenance and
repair of the fence once erected. On any Lot where Declarant erects such a fence, all
fencing on that Lot subsequently built by the Owner of the Lot on the adjacent, connecting
boundary lines shall be wrought iron material for at least forty (40') feet from the boundary
lines where Declarant erects wrought iron fencing.
3.25 Animals — Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals,
horses, cattle, sheep, goats or any other type of animal not considered to be a domestic
household pet within the ordinary meaning and interpretation of such words may be kept
or maintained on Lot. No domestic household pet shall be allowed to make an
unreasonable amount of noise, or to become a nuisance, and no domestic pets shall be
allowed on the Property other than on the Lot of its Owner, except when confined to a
leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or
remuneration on the Property and no kennels or breeding operation shall be allowed. No
domestic household pet shall be allowed to run at large and all of such pets shall be kept
within enclosed areas which must be clean, sanitary and reasonably free of refuse, insects
and waste at all times. Such enclosed area shall be constructed in accordance with Plans
and Specifications approved by the Architectural Committee, shall be of reasonable design
and construction to adequately contain such animals in accordance with the provisions
hereof, and shall be screened so as not to be visible from any other portion of the Property.
No more than four (4) adult dogs and three (3) adult cats may be kept on a single Lot. All
domestic household pets shall be kept in strict accordance with all local laws and
ordinances.
Second Restated and Amended Declaration of Covenants, Conditions, 9
and Restrictions of Castle Rock
3.26 Maintenance of Lawns and Plantings, Each Owner shall keep all shrubs, trees, grass and
plantings of every kind on such Owner's Lot cultivated, pruned, and free of trash and other
unsightly material. Subject to Section 3.27 below, trees, shrubs, vines and plants that die
shall be promptly removed. Declarant, the Association and the Architectural Committee
shall have the right at any reasonable time after giving not less than ten days' notice to
Owner to cure any violation of this provision, to enter upon any Lot to replace, maintain
and cultivate shrubs, trees, grass or other plantings located thereon, and to charge the cost
thereof to the Owner of the Lot as provided in Section 5.04(E) below.
3.27 Landscape Design. All landscaping shall be designed so as to protect and promote, as far
as practicable, the natural local landscape environment through use of native materials,
natural drainage, indigenous plant selection and site design. All landscaping designs shall
be installed by the builder and include live, growing sod covering the front and side yards
on or before substantial completion of any newly constructed residence on a Lot.
Owner shall maintain such sod in a healthy and growing condition. All front and side yards
must be irrigated with automatic sprinkler systems and have landscaping acceptable to the
Architectural Committee. The builder of any newly constructed residence shall also plant
at least one (1) living tree with a diameter of at least two (2 ") inches in the front yard of
the Lot on or before substantial completion of the residence. Owner shall maintain such
tree in a healthy and growing condition.
3.28 Construction and Sales Activities. Notwithstanding any provision herein to the contrary, this
Declaration shall not be construed so as to unreasonably interfere with or prevent normal
construction activities during the construction of Improvements by an Owner (including
Declarant) upon any Lot within the Property, or the sale of any Lot thereafter. Specifically,
no such construction activities shall be deemed to constitute a nuisance or a violation of
this Declaration by reason of noise, dust, presence of vehicles or construction machinery,
posting of signs or similar activities provided that such construction is pursued to
completion with reasonable diligence and conforms to usual construction practices in the
area, No building material of any kind shall be placed or stored upon any Lot until the
Owner thereof is ready to commence The Improvements, and then the material shall be
placed within the property lines of the Lot upon which the Improvements are to be erected
and shall not be placed on the street or on any other part of the Property. In the event of
any dispute regarding such matters, the Architectural Committee may grant a temporary
waiver of the applicable provision, for a period of time to be determined by the
Architectural Committee in its sole and absolute discretion. At such time as the Declarant
ceases using any portion of the Property as a model home or sales office, the affected
Property shall be altered and /or remodeled, if necessary or desirable, to comply with the
covenants and restrictions contained herein.
3.29 Mailboxes. Mailboxes shall be brick or other materials approved by the Architectural
Committee, and shall be located on individual Lots.
330 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from
streets on the Property shall be placed or permitted to remain on any corner Lot within the
area defined by a line drawn between two points located forty (40') feet from the point of
intersection of the street right -of -way property lines immediately adjacent to the Lot, as
reasonably located by the Architectural Committee. Measurements shall be by chord, and
Second Restated and Amended Declaration of Covenants, Conditions, 10
and Restrictions of Castle Rock
not arc. No tree shall be permitted to remain within such areas, unless the foliage is
maintained at sufficient height to prevent obstruction of such sight lines.
3.31 Garage Conversions. No garage or any portion thereof, may be constructed into enclosed
living space unless an alternative garage of at least equal size is constructed and the
Architectural Committee first approves the Plans and Specifications for conversion and
construction in writing.
3.32 Lake and Other Public Areas. On any lake or public areas constructed on the Property, the
Board may establish rules and regulations for use or prohibitions against use from time to
time. Swimming, boating and fishing shall not be allowed, except by and in accordance with
regulations established by the Board in its sole and absolute discretion.
3.33 Parking and Prohibited Vehicles.
(a) Parking. Vehicles shall be parked only in the garage or driveway serving a Lot, or
in such other paved areas as have been approved by the Board for parking vehicles. A
maximum of two (2) occupant vehicles may be parked outside of the garage, if any, serving
a Lot. For purposes of this provision, a vehicle shall be considered an "occupant vehicle"
if it is parked on a Lot four (4) or more hours per day, four (4) or more days in any seven
(7) day period. The Board may authorize on -street parking on a temporary basis for
visitors and guests, subject to reasonable rules and regulations. No garage shall be
enclosed, modified or otherwise used so as to reduce its capacity for parking vehicles below
that originally approved by the ARC unless alternative parking arrangements for enclosed
parking are approved by the ARC; however, a builder may temporarily convert a garage
into a sales or construction office, provided that it is converted back to a garage within
thirty (30) days after cessation of construction and sale of new homes within the Properties
by such builder. Garage doors visible from any street within the Properties shall remain
dosed except during ingress and egress or when the garage is actively being used by the
Owner or occupant.
(b) Prohibited Vehicles. Commercial vehicles, vehicles with commercial writing on their
exteriors (excluding vehides with lettering or logos confined to the front door on each side),
vehicles primarily used or designed for commercial purposes, tractors, mobile homes,
recreational vehicles, trailers (either with or without wheels), campers, camper trailers
boats and other watercraft, and boat trailers shall be parked only in enclosed garages or
areas, if any, designated by the Board. Stored vehicles and vehicles which are either
obviously inoperable or do not have current operating licenses shall not be permitted on
the Properties except within enclosed garages. Vehicles that become inoperable while on
the Properties must be removed within seventy -two (72) hours thereof. For purposes of
this Section, a vehicle shall be considered "stored" if it is put up on blocks or covered with
a tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days without
the prior approval of the Board. Notwithstanding the foregoing, service and delivery
vehicles may be parked in the Properties during daylight hours for such period of time as
is reasonably necessary to provide service or to make a delivery to a Lot or the Common
Areas. Any vehicle parked in violation of this Section or parking rules promulgated by the
Board may be towed by the Association.
Second Restated and Amended Declaration of Covenants, Conditions, 11
and Restrictions of Castle Rock
3.34 Doors and Windows. No "burglar bars," steel or wrought iron bars, or similar fixtures,
whether designated to decorative, security or other purposes, shall be installed on the
exterior of any windows or doors of any dwelling. No signs, numerals or other writing shall
be written on or placed in the doors, windows or exterior walls of any dwelling, either •
temporarily or permanently, except that the Board may, in its discretion, permit house
numbers to be written temporarily on a single window of a dwelling while occupants are
moving in, provided such numbers are removed within seventy-two (72) hours after the
occupants have taken occupancy. Sheets or similar temporary window treatments may be
used for a short time after taking occupancy of a dwelling, provided they are removed and
replaced with permanent window treatments within a reasonable time, not to exceed
fourteen (14) days, after taking occupancy of the dwelling, as determined in the sole
discretion of the Board. Foil shall not be used as window coverings at any time.
3.35 Registered Sex Offenders. No Lot shall be occupied in whole or in part by any person who
is a registered sex offender on the Texas Public Sex Offender Registry, or any similar
registry in another state.
3.36 Compliance with Provisions of CASTLE ROCK Residential Restrictions. Each Owner shall
comply strictly with the provisions of the CASTLE ROCK Residential Restrictions as the same
may be amended from time to time. Failure to comply with any of the CASTLE ROCK
Residential Restrictions shall constitute a violation of this Declaration, and shall give rise to
a cause of action to recover sums due for damages or injunctive relief or both, maintainable
by the Board on behalf of the Association or by any aggravated Owner. Declarant, for
itself, its successor or assigns, reserves the right to enforce these restrictive covenants,
though it may have previously sold and conveyed all subdivided Lots controlled by these
covenants within the Property. The reservation of this right of enforcement shall not create
an obligation of any kind to enforce the same.
3.37 No Warranty of Enforceability. While Declarant has no reason to believe that any of the
restrictive covenants or other terms and provisions contained in this Article 3 or elsewhere
in this Dedaration are or may be invalid or unenforceable for any reason or to any extent,
Declarant makes no warranty or representation as to the present or future validity or
enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring
a Lot in reliance upon one or more such restrictive covenants, terms or provisions shall
assume all the risks of the validity and enforceability thereof and, by acquiring the Lot,
agrees to hold the Declarant harmless therefrom.
ARTICLE 4
RESIDENTIAL RESTRICTIONS
4.01 Residential Use. All Lots shall be improved and used solely for residential purposes
inclusive of a garage, fencing, and other such improvements as are necessary or
customarily incident to residential use. No Owner shall occupy or use his Lot or any
Improvements constructed thereon, or permit the same or any part thereof to be occupied
or used for any purpose, including religious, other than the private residence. All Lots
within the Property shall be used and improved as single - family residential dwellings, with
no more than one (1) attached residential dwelling unit per Lot. Anything herein to the
contrary notwithstanding, any Lot may be used or improved for a greenbelt, open space
Second Restated and Amended Declaration of Covenants, Conditions, 12
and Restrictions of Castle Rock
and /or drain field purposes. No Improvement may be constructed upon any Lot that would
unreasonably obstruct the view from any other portions of the Property, and the positioning
of all Improvements upon Lots within the Property is hereby expressly made subject to
Architectural Committee review. The Architectural Committee may, but shall not be
required to, prevent or allow the construction of a proposed Improvement based upon the
effect it will have upon the view from any particular Lot. The Architectural Committee may
consider the effect the Improvement will have on the Property as a whole, it being
expressly understood that neither the Architectural Committee nor the members thereof
shall be liable to any Owner in monetary damages or otherwise due to the construction of
any Improvement within the Property or the creating thereby of an obstruction to the view
from such Owner's Lot or Lots.
4.02 Garages. No Lot shall have Improvements erected which do not provide for a minimum of
a two- vehicle garage. All garage doors shall have additional detail above and beyond
standard panel garage doors, in accordance with standards to be established from time to
time by the Architectural Committee.
4.03 Outbuildings. Every building, inclusive of such structures as a detached garage, storage
building or greenhouse shall be compatible with the dwelling to which it is appurtenant in
terms of its design and material composition or be completely screened from public view.
All such buildings shall be subject to approval by the Architectural Committee. In no
instance shall an outbuilding, other than a detached garage, exceed one (1) story in height
or have total floor area in excess of ten percent (10 %) of the floor area of the main
dwelling.
4.04 Building Height. No Improvement greater than thirty -two (32) feet in height may be
constructed on any Lot without the prior written approval of the Architectural Committee.
For purposes of this paragraph, height shall be measured from the foundation slab of the
proposed Improvement to the ridgeline of the roof of the proposed Improvement.
4.05 Building Materials; Dwelling Size: Chimney Construction.
(A) All single family dwellings shall be of recognized standard construction quality, and
all exteriors (exclusive of doors, windows and similar openings) shall be constructed with
a minimum of 60% masonry or other material specifically approved in writing by the
Architectural Committee. Masonry includes stucco, brick, rock and all other materials
commonly referred to in the College Station, Texas area as masonry. Masonry does not
include concrete hardy -board siding. Unless an exception is granted by the Architectural
Committee, all single family dwellings shall contain no less than 1,200 square feet of
enclosed living space, exclusive of all porches (open or covered), decks and garages. Each
residence shall include an enclosed attached or detached garage or other structure
sufficient to meet the requirements of Sections 3.22 and 4.02 above. A minimum of 8 and
12 roof pitch is required on all dwellings or other buildings. Chimneys are not required to
be constructed with masonry.
4.06 Construction in Place. The use of prefabricated materials, including antique homes moved
from other locations, shall be allowed only with the prior written approval of the
Architectural Committee.
Second Restated and Amended Declaration of Covenants, Conditions, 13
and Restrictions of Castle Rock
4.07 Setback Requirements. No building shall be located or erected nearer to any Lot line than
the building line shown on the recorded plat of the Property subdivision section which
includes such Lot, as follows:
Front Setback 25 feet
Back Setback 20 feet
Side Setback 5 feet
ARTICLE 5
CASTLE ROCK OWNERS ASSOCIATION
5.01 Organization. The Declarant has, on September 6, 2007, caused the formation and
incorporation of the Association as a nonprofit corporation created for the purposes,
charged with the duties, and vested with the powers prescribed by law or set forth in its
Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any
reason be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
5.02 Membership. Any Person or entity upon becoming an Owner shall automatically become
a Member of the Association. Membership shall be appurtenant to and shall run with the
property interest, which qualifies the Owner thereof for membership, and membership may
not be severed from, or in anyway transferred, pledged, mortgaged, or alienated except
together with title to the said property interest.
5.03 Voting Rights. The right to cast votes and the number of votes which may be cast, for
election of directors to the Board and on all other matters to be voted on by the Members
shall be calculated as follows:
(A) The Owner, whether one or more (including Declarant), of each Lot within the Property
shall have one vote for each Lot so owned. In addition, Declarant shall have one vote
for each lot reflected on the preliminary plats of the portions of the Property which have
not been platted.
(B) In addition to the votes to which Declarant is entitled by reason of Subparagraph (A)
of this Section, for every such vote, Declarant shall have three (3) additional votes until
such time as the votes described in Subparagraph (A) of this section, owned by Owners
other than Declarant, total in the aggregate (90 %) of the total number of votes outstanding
under Subparagraph (A) (the "Transition Date"). Thereafter Declarant shall only have votes
if any, to which it is entitled under Subparagraph (A) of this section.
5.04 Powers and Authority of the Association, The Association shall have the powers of a Texas
.nonprofit corporation, subject only to any limitations upon the exercise of its power as are
expressly set forth in this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Association, and the Board acting on behalf of the Association,
shall have the following powers at all times:
Second Restated and Amended Declaration of Covenants, Conditions, 14
and Restrictions of Castle Rock
(A) CASTLE ROCK Rules and Bylaws. To make, establish and promulgate, and in its
discretion to amend or repeal and re- enact, such Castle Rock Rules and Bylaws, not in
conflict with this Declaration, as it deems proper to address any and all aspects of its
functions. The Association shall have the authority to establish committees pertaining only
to specific sections of CASTLE ROCK. Any committee, which elects to oversee a particular
section, shall have the power to establish section rules, which shall apply only to sections
over which the committee has oversight. Any such section rules may be more restrictive
than the provisions hereof, but shall not be less restrictive.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the
opinion of the Board, are reasonably necessary or appropriate to carry out Association
functions.
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy Assessments as provided in Article 7 below.
(E) Right of Entry and Enforcement. To enter at any time in an emergency, or in a non -
emergency, after ten (10) days' written notice, without being liable to any Owner, upon any
Lot and into any Improvement thereon for the purpose of enforcing the CASTLE ROCK
Residential Restrictions or for the purpose of erecting, maintaining or repairing any
Improvement to conform to the CASTLE ROCK Residential Restrictions, and the expense
incurred by the Association in connection with the entry upon any Lot and the work
conducted thereon (1) shall be a personal obligation of the Owner of the Lot entered upon,
(ii) shall be a lien upon the Lot entered on and Improvements thereon, and (iii) shall be
enforced in the same manner and to the same extent as provided in Article 7 hereof for
regular and spedal Assessments. The Association shall have the power and authority from
time to time, in its own name and on its own behalf, or in the names of and on behalf of
any Owner who consents thereto, to commence and maintain actions and suits to enforce,
by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened
breach of the CAST Residential Restrictions. The Association is also authorized to
settle claims, enforce liens and take all such action as it may deem necessary or expedient
to enforce the CASTLE ROCK Residential Restrictions; provided, however, that the Board
shall never be authorized to expend any Association funds for the purpose of bringing suit
against Declarant, its successors or assigns.
(F) Fines. To levy and collect fines against Owners for any violation of the Declaration
which is not cured by the Owner in the judgment of Board within 30 days after written
notice of such violation as provided in section 9.04. Fines may be assessed repeatedly for
continuous violations. Fines shall be uniform according to a fine schedule to be established
from time to time by the Board.
(G) Legal and Accounting Services. To retain and pay for legal and accounting services
necessary or proper for the operation of the Association.
(11) Delegation to Committees. To set up one or more committees as authorized by the
Texas Non -Profit Corporation Act, as the same is amended from time to time.
Second Restated and Amended Declaration of Covenants, Conditions, 15
and Restrictions of Castle Rock
(I) Employees. To engage such employees as may be reasonably necessary in the
management of the Association and the performance of its duties.
5.05 Landscape and Maintenance. The Association shall be authorized to landscape, maintain
and repair easements, rights -of -way, common areas, entryways, sidewalks, paths, trails,
detention ponds, lakes, waterfall pumps, irrigation equipment, water wells, swimming pool
areas, entrance buildings, and other areas of the Property, as appropriate.
5.06 Common Areas.
(A) Subject to and in accordance with this Declaration, the Association, acting through
the Board, shall have the following duties:
•
(1) To accept, own, operate and maintain all Common Areas which may be
conveyed or leased to it by Declarant, together with any Improvements of any kind or
purpose located in said areas; and to accept, own, operate and maintain all other property,
real and personal, conveyed or leased to the Association by Declarant; and to maintain in
good repair and condition all lands, Improvements, and other Association property owned
by or leased to the Assodation, whether by Declarant or by other Persons.
(2) To pay all real and personal property taxes and other taxes and assessments
levied upon or with respect to any property owned by or leased to the Assodation, 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 lands
in Common Areas, whether or not improved, from Declarant subject to such mortgages or
by assuming such mortgages. Finandng may be effected through conventional mortgages
or deeds of trust, the issuance and sale of development or other bonds, or in any other
form or manner deemed appropriate by the borrower, whether Declarant or the
Association. The mortgage or other security interest given to secure repayment of any debt
may consist of a first, second or other junior lien, as deemed appropriate by borrower,
whether Declarant or the Association, on the Improvements to be constructed, together
with such underlying and surrounding lands as the borrower deems appropriate. The debt
secured by such mortgage or other security instrument may be retired from and secured
by the revenues generated by dues, use fees, assessment of Members, or otherwise, or any
combination thereof, as may be deemed appropriate by Declarant or the Association, as the
case may be, but subject to the limitations imposed by this Declaration.
(B) In addition to, and not in limitation of, the power and authority of the Association
as set forth in Section 5.04 of this Declaration, the Association, acting through the Board,
shall have the power and authority:
(1) To grant and convey portions of Association property, including fee title,
leasehold estates, easements, right -of -way, and /or mortgages, to any person or entity for
the purpose of constructing, erecting, operating or maintaining the following;
Second Restated and Amended Declaration of Covenants, Conditions, 16
and Restrictions of Castle Rock
(a) Parks, parkways, swimming pools, or other recreational facilities or
structures;
(b) Roads, streets, walks, driveways, trails and paths;
(c) Lines, cables, wires, conduits, pipelines or other means of providing utilities;
(d) Sewers, water systems, storm water drainage systems, sprinkler systems
and pipelines; and /or
(e) Any similar public, quasi - public or private Improvements.
Nothing contained in this subparagraph, however, shall be construed to permit use
or occupancy of any Common Area or Improvement in a way that would violate applicable
use and occupancy restrictions imposed by other provisions of this Declaration, or by any
statute, rule, regulation, ordinance or other law of any governmental entity, including but
not limited to rules and orders of the Texas Water Development Board, Texas Water
Commission, Texas Commission on Environmental Quality ("TCEQ ") and any flood plain,
industrial waste or other ordinance of the City of College Station.
(2) To pay for water, sewer, garbage removal, landscaping, gardening and all
other utilities, services and maintenance for the property of the Association, or within city-
owned parks, parkways, entrance ways, or street rights of way which the Association
desires to maintain or pay for, in the best interest of the Association and the aesthetic
appearance of the subdivision as a whole.
(3) To pay for any other services necessary or proper in the performance of
Association functions, and to pay for any other taxes or assessments that the Association
or the Board is required to secure or to pay for, pursuant to applicable law, the terms of
this Declaration, or the Articles or Bylaws of the Association.
(4) To own and operate any and all types of facilities for both active and passive
recreation, and to establish rules, regulations, fees, and permits for the use of such facilities
as the Board in its discretion deems appropriate.
(5) To construct new Improvements or additions to Association properties,
subject to the approval of the Architectural Committee as required in this Declaration.
(6) To enter into contracts with Declarant and other persons, with such terms
and provisions as the Board shall determine, to operate and maintain any of the Common
Areas or to provide any service or perform any function on behalf of Declarant or the
Association in connection with the purposes of the Association.
(7) To acquire and own and to dispose of all manner of real and personal
property, whether by purchase, grant, lease, gift or otherwise.
Second Restated and Amended Declaration of Covenants, Conditions, 17
and Restrictions of Castle Rock
5.07 Agreement with City of College Station, State of Texas, and County of Brazos. The
Declarant, as the agent of the Association, or the Association, may enter into one or more
agreements (1) with the City of College Station or State of Texas or Brazos County, with
respect to (1) the landscaping and maintenance of portions of public streets, highways or
rights of way, or (2) the dedication of any drainage basin, park or other common area
within the property for municipal maintenance, or (ii) with the City of College Station with
respect to landscaping and maintenance of portions of utility easements. The Association
shall accept, without further requirement or documentation, said agreement and the
requirements and benefits associated therewith, for any agreement reached by the
Declarant.
5.08 Indemnification. The Association shall indemnify any director, officer, or member of a
committee duly appointed pursuant to the Articles or Bylaws who by reason of the fact that
such person is or was a director, officer or member of such a committee of the Association
was, is, or is threatened to be made, a named defendant or respondent in (i) any
threatened, pending, or completed action, suit or proceeding, whether civil, criminal,
administrative, arbitrative, or investigative, (ii) any appeal in such an action, suit, or
proceeding, and (iii) any inquiry or investigation that could lead to such an action, suit, or
proceeding (hereinafter a "Proceeding "), and against all judgments, penalties (including
excise and similar taxes), fines, settlements, and reasonable expenses actually incurred by
the person in connection with any such Proceeding to the fullest extent permitted by the
Texas Non -Profit Corporation Act, as amended and in effect from time to time. Such
authorization of indemnification shall be deemed to be mandatory and deemed to constitute
authorization of indemnification and advancement of expenses to the fullest extent
permitted by the Texas Non - Profit Corporation Act, as amended and in effect from time to
time.
ARTICLE 6
ARCHITECTURAL COMMITTEE
6.01 Membership of Architectural Committee. The Architectural Committee shall consist of not
more than three (3) voting members ( "Voting Members ") and such additional nonvoting
members serving in an advisory capacity ( "Advisory Members ") as the Voting Members
deem appropriate. The following persons are hereby designated as the Voting Members
of the Architectural Committee: Wallace Phillips, Dawn Phillips, and Vicki Hillert.
6.02 Action by Architectural Committee. Items presented to the Architectural Committee shall
be decided by a majority vote of the Voting Members.
6.03 Advisory Members. The Voting Members may from time to time designate Advisory
Members.
6.04 Term. Each member of the Architectural Committee shall hold office until such time as he
or she has resigned or has been removed or his or her successor has been appointed as
provided herein.
6.05 Declarant's Rights of Appointment. Until the Transition Date as defined in Section 5.03(B),
Declarant, its successors or assigns shall have the right to appoint and remove all Voting
Second Restated and Amended Declaration of Covenants, Conditions, 18
and Restrictions of Castle Rock
Members of the Architectural Committee, which persons need not be drawn from
Association Members. Notwithstanding the preceding sentence, Declarant may delegate
its right of appointment, or any portion thereof, to the Board by written instrument before
such date. Whenever the Transition Date occurs, thereafter, the Board shall have the right
to appoint all Voting Members. At such time as the Board gains the right to appoint and
remove Voting Members of the Architectural Committee, or any portion of this right, a
majority of the Voting Members so appointed shall be drawn from Members of the
Association. Advisory Members shall, when reasonably possible, be drawn from Members
of the Association.
6.06 Adoption of Rules. The Architectural Committee may adopt such procedural and
substantive rules, not in conflict with this Declaration, as it deems necessary or proper for
the performance of its duties, including but not limited to a building code, a fire code, a
housing code, and other similar codes.
6.07 Review of Proposed Construction. Whenever in this Declaration the approval of the
Architectural Committee is required, the Architectural Committee shall have the right to
consider all of the Plans and Specifications for the Improvement or proposal in question and
all other facts that, in its sole and absolute discretion, are relevant. Except as otherwise
specifically provided herein, prior to the commencement of any construction of any
Improvement on the Property or any portion thereof, the Plans and Specifications therefor
shall be submitted to the Architectural Committee, and construction thereof may not
commence unless and until the Architectural Committee has approved such Plans and
Specifications. Until receipt by the Architectural Committee of any information or document
deemed necessary by the Architectural Committee, it may postpone review of any Plans
and Spedfications submitted for approval. Upon receipt of all necessary information, the
Architectural Committee shall consider and act upon any and all Plans and Specifications
submitted for its approval pursuant to this Declaration, and perform such other related
duties assigned or authorized by this Declaration, including at its option inspection of
construction in progress to assure its conformance with previously approved Plans and
Specifications. The Architectural Committee shall have the express authority to perform
fact - finding functions hereunder and shall have the power to construe and interpret any
covenant herein that may be vague, indefinite, uncertain or capable of more than one
construction. The Architectural Committee may, in its review of Plans and Specifications
and such other information as it deems proper, consider whether any proposed
Improvement upon a Lot would unreasonably obstruct the view from other portions of the
Property. The Architectural Committee may, but shall not be required to, disapprove any
Improvement upon any Lot that would unreasonably obstruct the view from any other
portion of the Property. No Improvement shall be allowed on any Lot which is of such size
or architectural design or involves the use of such landscaping, color schemes, exterior
finishes and materials and similar features as to be incompatible with residential
development within the Property and the surrounding area. The Architectural Committee
shall have the authority to disapprove any proposed Improvement based upon the
restrictions set forth in the preceding sentence and the decision of the Architectural
Committee shall be final and binding so long as it is made in good faith. The Architectural
Committee shall not be responsible for reviewing any proposed Improvement, nor shall its
approval of any Plans and Specifications be deemed an endorsement, from the standpoint
Second Restated and Amended Declaration of Covenants, Conditions, 19
and Restrictions of Castle Rock
of structural safety, engineering soundness, or conformance with building or other codes
not of its authorship.
6.08 Actions of the Architectural Committee, The Architectural Committee may, by resolution
unanimously adopted in writing, designate one or two of its members or an agent acting
on its behalf to take any action or perform any duties for and on behalf of the Architectural
Committee. In the absence of such designation, the vote of a majority of all the members
of the Architectural Committee taken without a meeting shall constitute an act of the
Architectural Committee.
6.09 No Waiver of Future Approvals. The approval or consent of the Architectural Committee
of any Plans and Specifications for any work done or proposed, or in connection with any
other matter requiring the approval or consent of the Architectural Committee, shall not be
deemed to constitute a waiver of any right to withhold approval or consent as to any other
Plans and Specifications, or other matter whatever, subsequently or additionally submitted
for approval or consent by the same or a different person.
6.10 Work in Progress. The Architectural Committee may at its option inspect all work in
progress to insure compliance with approved Plans and Specifications,
6.11 No Liability for Architectural Committee Members. Neither the Architectural Committee nor
any member thereof shall be liable to the Association or to any Owner or to any other
person for any loss, damage or Injury arising out of their being in any way connected with
the performance of the Architectural Committee's duties under this Declaration unless due
to the willful misconduct or bad faith of the Architectural Committee or its members, as the
case may be. Neither the Architectural Committee nor any member thereof shall be liable
to any Owner due to the construction of any Improvements within the Property, or the
creation thereby of any obstruction of the view from such Owner's Lot or Lots.
6.12 Address. Plans and Specifications shall be submitted to the Architectural Committee in care
of Wallace Phillips, 4490 Castlegate Drive, College Station, Texas 77845, or in care of such
other person at such other address as may be designated by Declarant or the Board, as the
case may be, from time to time.
6.13 Failure to Act. In the event the Architectural Committee or its designated representative
fails to approve or disapprove any Plans and Specifications within ten (10) days after the
same have been submitted to it, complete with all other information requested by the
Architectural Committee in connection with such submission, approval shall be assumed.
6.14 Variances. Notwithstanding any other provision of this Declaration, in order to prevent
undue hardship upon the Owner or Owners of any individual Lot or Lots upon the Property,
variance from any restrictions set out in this Declaration may be granted by a unanimous
decision of the Architectural Committee in a written instrument to be duly acknowledged,
if and when such a variance shall ever be granted.
6.15 Governmental Azency Approval. Nothing in this Declaration shall be construed to relieve
any Owner from securing such approvals, certificates and /or permits as may be required
by law in connection with the construction of any Improvements on any Lot.
Second Restated and Amended Declaration of Covenants, Conditions, 20
and Restrictions of Castle Rock
6.16 Relationship with Association. The Architectural Committee has been created pursuant to
this Declaration to perform certain functions specified herein relating to the review and
approval of Plans and Specifications for Improvements built on the Property. The
Architectural Committee does not exercise the authority of the Board, and shall not do so
unless and until (I) the Board shall have duly appointed a majority of Board members to the
Architectural Committee, and (ii) 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 Act.
ARTICLE 7
FUNDS AND ASSESSMENTS
•
7.01 Assessments.
(A) The Association may from time to time levy Assessments against each Lot whether
or not improved. The level of Assessments shall be equal and uniform between all Lots,
provided, however, that no Assessments hereunder shall be levied against Declarant.
(B) Where the obligation to pay an Assessment first arises after the commencement of
the year or other period for which the Assessment was levied, the Assessment shall be
prorated as of the date when said obligation first arose in proportion to the amount of the
Assessment year or other period remaining after said date.
(C) Each unpaid Assessment together with such interest thereon and costs of collection
thereof as hereinafter provided, shall be the personal obligation of the owner of the Lot
against which the Assessment falls due, and shall become a lien against each such Lot and
all Improvements hereon. The Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be
deposited all monies paid to the Association and from which disbursements shall be made
in performing the functions of the Association under this Declaration. The funds of the
Association must be used solely for purposes authorized by this Dedaration, as it may from
time to time be amended.
7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall
estimate the expenses to be incurred by the Association during such year in performing its
functions under the CASTLE ROCK Residential Restrictions, including but not limited to the
cost of all entry ways, landscaping, greenbelts, common areas, median strip, and right -of-
way maintenance, the cost of enforcing the CASTLE ROCK Residential Restrictions, and a
reasonable provision for contingencies and appropriate replacement reserves, less any
expected income and any surplus from the prior year's funds. Assessments sufficient to
pay such estimated note expenses shall then be levied as herein provided, and the level of
Assessments set by the Board shall be final and binding so long as it is made in good faith.
If the sums collected prove inadequate for any 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
Second Restated and Amended Declaration of Covenants, Conditions, 21
and Restrictions of Castle Rock
•
and payable to the Association at the beginning of the fiscal year or during the fiscal year
in equal monthly installments on or before the first day of each month, or in such other
manner as the Board may designate in its sole and absolute discretion.
7.04 Special Assessments. In addition to the regular annual Assessments provided for above,
the Board may levy special Assessments whenever in the Board's opinion such special
Assessments are necessary to enable the Board to carry out the mandatory functions of the
Association under the CASTLE ROCK Residential Restrictions. The amount and due date
of any special Assessments shall be at the reasonable discretion of the Board.
7.05 Owner's Personal Obligation for Payment of Assessments. The regular and special
Assessments provided for herein shall be the personal and individual debt of the owner of
the Lot covered by such assessments. Except as otherwise provided in Section 7.01(A)
hereof, no Owner may exempt himself from liability for such Assessments. In the event of
default in the payment of any such Assessment, the owner of the Lot shall be obligated to
pay interest at the highest rate allowed by applicable usury laws then in effect on the
amount of the Assessment from due date thereof (or if there is no such highest rate, then
at the rate of 1 -1/2% per month), together with all costs and expenses of collection,
including reasonable attorney's fees.
7.06 Assessment and Fine Lien and Foreclosure. All sums assessed in the manner provided in
this Article but not paid by the Owner, and all fines assessed by the Board in the manner
provided in Section 5.04, shall, together with interest as provided in Section 7.05 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 or fine, which shall
bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal
representatives, successors or assigns. The aforesaid Tien shall be superior to all other liens
and charges against the said Lot, except only for tax liens and all sums unpaid on a first
mortgage lien or first deed of trust filed of record, securing in either instance sums
borrowed for the acquisition or improvement of the Lot in question. The Association shall
have the power to subordinate the aforesaid Assessment and Fine lien to any other lien.
Such power shall be entirely discretionary with the Board and an officer of the Association,
duly authorized by the Board, shall effectuate such subordination. To evidence an
Assessment and Fine lien, the Association may prepare a written notice of Assessment and
Fine 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
or Fines shall attach with the priority above set forth from the date such payment becomes
delinquent, and may be enforced subsequent to the recording of a notice of Assessment
and Fine lien as provided above, by the foreclosure of the defaulting Owner's Lot by the
Association in like manner as a mortgage on real property, or the Association may institute
suit against the Owner personally obligated to pay the Assessment or Fine and /or for
foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial
or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable
attorney's fees incurred by the Association. The Association shall have the power to bid on
the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey
or otherwise deal with the same. Upon the written request of any Mortgagee, the
Second Restated and Amended Declaration of Covenants, Conditions, 22
and Restrictions of Castle Rock
Association shall report to said Mortgagee the status of any Assessments or Fines relating
to the Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days after
due.
ARTICLE 8
EASEMENTS
8.01 Reserved Easements. All dedications, limitations, restrictions, and reservations shown on
any plat covering all or any portion of the Property and all grants and dedications of
easements, rights -of -way, restrictions, and related rights made by Declarant prior to the
Property becoming subject to this Declaration, are incorporated herein by reference and
made a part of this Declaration for all purposes as if fully set forth herein, and shall be
construed as being adopted in each and every contract, deed or conveyance executed or
to be executed by or on behalf of Declarant conveying any part of the Property. Declarant
reserves the right to make changes in and additions to the said easements and rights -of-
way for the purpose of most effectively, efficiently and economically developing and
marketing the Property. Further, Declarant reserves the right, without the necessity of the
joinder of any owner or other person or entity, to grant, dedicate, reserve or otherwise
create, at any time or from time to time, common areas, rights -of -way and easements for
public utility purposes (including, without limitation, gas, cable, water, electricity, telephone
and drainage), in favor of any person or entity, along and on either or both sides of any Lot
line, any such easement having a maximum width of five feet (5`) on each side of any Lot
line.
8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within these easements,
if any, no structure or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of utilities; or in the case of
drainage easements, which may change the direction or flow of water through drainage
channels in such easements. The easement area of each Lot, if any, and all Improvements
in such area shall be maintained continuously by the Owner of the Lot, except for those
Improvements for which a public authority or utility company is responsible. Neither
Declarant nor any utility company using the easements herein or referred to shall be liable
for any damages done by them or their assigns, agents, employees, or servants to
shrubbery, trees, lawns or flowers or other property of the Owners situated on the land
covered by said easements.
8.03 Surface Areas. The surface of easement areas for underground utility services may be used
for planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any
supplier of any utility service using any easement area shall be liable to any Owner or to
the Association for any damage done by them or either of them, or their respective agents,
employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity
reasonably relating to the construction, maintenance, operation or repair of any facility in
any such easement area.
8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water
flow, as contours of land and the arrangement of Improvements approved by the
Architectural Committee thereon require. Each Owner further covenants not to disturb any
Second Restated and Amended Declaration of Covenants, Conditions, 23
and Restrictions of Castle Rock
trees or other vegetation within the drainage easements as defined in this Declaration and
shown on the Plat. There shall be no construction of Improvements, temporary or
permanent, in any drainage easement, except as may be approved in writing by the
Architectural Committee.
8.05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots
and the Common Areas for the purpose of enforcing the CASTLE ROCK Residential
Restrictions in accordance with Section 5.04(E) hereof, and for the construction of a
common cable television system, a common sprinkler system, maintenance of landscaping,
or any other item for the common benefit of the Owners. An easement is further granted
for the purpose of repairing and maintaining any such system so constructed. An entry
upon any Lot or the Common Areas to effectuate the foregoing purposes shall not be
deemed as trespass.
ARTICLE 9
MISCELLANEOUS
9.01 Term. This Declaration, including all of the covenants, conditions, and restrictions hereof,
shall run until December 31, 2047, unless amended as herein provided. After December
31, 2047, this Declaration, including all such covenants, conditions, and restrictions shall
be automatically extended for successive periods of ten (10) years each, unless amended
as provided in Section 9.03 below or terminated by a written instrument executed by the
Owners of at least three - fourths (3/4) of the Lots within the Property then subject to this
Declaration, and filed of record in the Official Records of Brazos County, Texas.
9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above,
the Association shall be dissolved. In the event of any such dissolution of the Association,
other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to any appropriate public agency to be used for purposes similar to those of the
Association with respect to the Common Areas. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any nonprofit
corporation, association, trust or other organization to be devoted to such similar purposes.
9.03 Amendment.
(A) By Declarant. This Declaration may be amended by the Declarant, acting alone,
until September 1, 2015, and thereafter for so long as Declarant holds a majority of the
votes of the Association. No amendment by Declarant shall be effective until there has
been recorded in the Official Records of Brazos County, Texas, an Instrument executed and
acknowledged by Declarant and setting forth the amendment, and, if amended after
September 1, 2015, an instrument executed and acknowledged by the Secretary of the
Association, certifying that the Declarant had the requisite number of votes.
(B) ay Own In addition to the method in Section 9.03 (A), after September 1, 2015,
this Declaration may be amended by the recording in the Official Records of Brazos County
of an instrument executed and acknowledged by the President and Secretary of the
Association setting forth the amendment and certifying that such amendment has been
Second Restated and Amended Declaration of Covenants, Conditions, 24
and Restrictions of Castle Rock
approved by Owners entitled to cast at least sixty percent (60 %) of the number of votes
entitled to be cast pursuant to Section 5.03 hereof.
9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and may
be delivered either personally or by mail. If delivery is made by mail it shall be deemed to
have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a
copy of the same has been deposited in the United States mail, postage prepaid, addressed
to the person at the address given by such person to the Association for the purpose of
service of notices. Such address may be changed from time to time by notice in writing
given by such person to the Association.
9,05 Interpretation. The provisions of this Dedaration shall be liberally construed to effectuate
the purposes of creating a uniform plan for the development and operation of the Property
and of promoting and effectuating the fundamental concepts of the Property set forth in
this Declaration. This Declaration shall be construed, governed and enforced under the
laws of the State of Texas.
9.06 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary,
neither Dedarant nor any of Declarant's activities shall in any way be subject to the control
of or under the jurisdiction of the Architectural Committee. Without in any way limiting the
generality of the preceding sentence, this Declaration shall not prevent or limit the right of
Dedarant to (1) excavate and grade, (ii) construct and alter drainage patterns and facilities,
(iii) construct any and all other types of Improvements, sales and leasing offices, and
similar facilities, and (iv) post signs incidental to construction, sales, and leasing anywhere
within the Property.
9.07 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary,
Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and
duties under this Declaration to any other person or entity and may permit the
participation, in whole or in part, by any other person or entity in any of its privileges,
exemptions, rights, and duties hereunder.
9.08 Enforcement and Nonwaiver.
(A) Right of Enforcement. Except as otherwise provided herein, any Owner at his own
expense, Declarant, and /or the Board shall have the right to enforce any and all of the
provisions of the CASTLE ROCK Residential Restrictions. Such right of enforcement shall
include both damages for, and injunctive relief against, the breach of any such provision.
(B) Nonwaiver. The failure to enforce any provision of the CASTLE ROCK Residential
Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any
such provision or any other provision of said restrictions.
(C) Liens. The Association shall have the right, when appropriate in this judgment, to
claim or impose a lien upon any Lot or Improvement constructed thereon in order to
enforce any right or effect compliance with this Declaration.
Second Restated and Amended Declaration of Covenants, Conditions, 25
and Restrictions of Castle Rock
9.09 Construction.
•
(A) Restrictions Severable. The provisions of the CASTLE ROCK Residential Restrictions
shall be deemed independent and severable, and the invalidity or partial invalidity of any
provision or portion thereof shall not affect the validity or enforceability of any other
provision or portion thereof.
(B) Singular Includes Plural. Unless the context requires a contrary construction, the
singular shall include the plural and the plural the singular; and the masculine, feminine or
neuter shall each include the masculine, feminine, and neuter.
(C) Sole and Absolute Discretion. Notwithstanding anything herein to the contrary,
whenever a party to this Declaration is entitled to exercise its "sole and absolute
discretion ", such discretion may be exercised by that party for any reason or for no reason,
whether such discretion is arbitrary, uncontrolled or unreasonable. Any parties' exercise
of its "sole and absolute discretion" shall be final and shall not be subject to appeal or be
subject to adjudication by a court of law, arbitration, mediation, or otherwise.
(D) Captions. All captions and titles used in this Declaration are intended solely for
convenience of reference and shall not enlarge, limit or otherwise affect that which is set
forth in any of the paragraphs, sections or articles.
(E) Deadlines on Business Day. If any deadline in this Declaration should fall on a
Saturday, Sunday or a Texas or federal holiday, such deadline shall automatically be
extended to the next business day.
(F) Choice of Law. This Declaration shall be construed in accordance with the laws of
the State of Texas,
IN WHEREOF, Declarant has executed this Declaration as of this 9.) day of
tt' ,hlg -,- 2008.
DECLARANT:
GREENS PRAIRIE INVESTORS, LTD.
By: Greens Prairie Associates, LLC, its general partner
By: \tiett- A,0P1./ viece,-51
-46.
Vicki Hillert, Vice President
Second Restated and Amended Declaration of Covenants, Conditions, 26
and Restrictions of Castle Rock
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the !� day of ,
2008, by Vicki Hillert, Vice President of Greens Prairie Associates, LLC, general partner of GREENS
PRAIRIE INVESTORS, LTD., on behalf of said partnership, in the capacity therein stated.
,o. .R * ^vdti EMMA TORRES � .y� ji0 �
Notary Public, State of 'Texas et._
z a *, My Commission Expires f Not Publi State of Texas
,1 yri A'. March 1 2010 m I{
ar H w.
t
CERTIFICATE OF ASSOCIATION
The undersigned Secretary of the Association certified that this Restated and Amended
Declaration is being recorded as allowed by Section 9.03(A) of the Original Declaration and that
Declarant has the requisite number of votes to make such amendment.
CASTLE ROCK HOMEOWNERS ASSOCIATION, INC.
B c r ,
I 4.`„
Dawn Phillips, Secretary
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the v day of a ,,i, ` _,
2008, by Dawn Phillips, Secretary of Castle Rock Homeowners Association, Inc., a Texas non - profit
corporation, on behalf of said non -profit corporation, in the capacity therein stated.
4)
Nota o,� *a Public State of Texas
„"° EMMA TORRES ,
ve o a.
� 1 Notary Public, State of Texas
r� f My Commission Expires l AFTER RECORDING RETURN TO:
4 to ■ ° March 14, 2010 Cully Upsey
Hoelscher, Lipsey & Elmore, P.C.
1021 University Drive East
College Station, Texas 77840
File #070443
IREtUSER1 LISAIWPD005IDECLARATIONSICASTLEROCK }2NDRESTATED. DELL
Second Restated and Amended Declaration of Covenants, Conditions, 27
and Restrictions of Castle Rock