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HomeMy WebLinkAboutCovenants and Restrictions1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF UNIVERSITY HEIGHTS, PHASE I THE STATE OF TEXAS COUNTY OF BRAZOS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF UNIVERSITY HEIGHTS, PHASE I (the "Declaration'o, is made effective as of the day of 2011, by MJBS HOLLEMAN, LTD, (hereinafter sometimes referred to as "Declarant'). WHEREAS, 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 University Heights, Phase I, (which lots are more particularly described on the plat as Lots 1 -18, Block One, Lots 1 -17, Block Two, Lots 1 -6, Block Three, Lots 1 -24, Block Four, and Lots 1 -17, Block Five University Heights Phase I, recorded in Volume . Page of the Official Records of Brazos County, Texas), and which land subject to this Declaration is part of a 39.858 acre tract of land described in Exhibit "A ", attached hereto and made a part hereof. 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; provide for a property owner's association to maintain common areas and to assist in enforcing these Declaration; 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 the University Heights project. The restrictive covenants herein will preserve the best interests of the Declarant and the Owners and Residents of University Heights 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; WHEREAS the Declarant desires to create and carry out a uniform plan for the improvement, development and sale of the Property for the benefit of the present and future owners of the Property; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Property shall be held, sold, conveyed and occupied subject to the following covenants, Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 1 of 21 N .M 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 Additional Land Declarant, or Declarants assigns, may create additional phases or sections of University Heights, and adopt the same or similar restrictions, rules, and regulations for such phases or sections, and make the additional phases or sections subject to the Association. 1.02 Architectural Committee "Architectural Committee" shall mean the committee created by the Board to review and approve plans for the construction of Improvements on the Property. If the Board does not appoint an Architectural Committee, the Board shall serve as the Architectural Committee. 1.03 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. 1.04 Articles "Articles" shall mean Articles of Incorporation of University Heights Phase I Owners Association, 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. 1.05 Assessment "Assessment' or "Assessments" shall mean such assessments as may be levied by the Association under the terms and provisions of the Declaration. 1.06 Association "Association" shall mean University Heights Phase I Owners Association, Inc., a Texas nonprofit corporation, which shall have authority and responsibility for all of the communities and subdivisions of University Heights, as hereafter defined. 1.07 Board "Board" shall mean the Board of Directors of the Association. Board members may, but need not, be Members of the Association. 1,08 Bylaws "Bylaws shall mean the Bylaws of the Association as adopted by the Board, and from time to time amended. 1.09 University Heights Residential Restrictions "University Heights Residential Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 2 of 21 the University Heights Rules, Architectural Committee Rules and the Articles and Bylaws of the Association as the same are in effect from time to time. 1.10 University Heights Rules "University Heights Phase I 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 (including an easement for mowing across the front lawns on Townhome Lots), 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 MJBS Holleman, LTD., its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of MJBS Holleman, 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 Mortuaagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or Mortgages. 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. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 3 of 21 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 which is described in Exhibit "A ", and additional lands. 1.23 Townhome Lots " Townhome Lot' or " Townhome Lots" shall mean Lots 1 - 18, Block One, and Lots 1 - 17, Block Two. 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 Declarants 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 land 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: Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 4 of 21 (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 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. 3.03 Subdividing No Lot shall be further divided or subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the Architectural Committee. 3.04 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. 3.05 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. 3.06 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. 3.07 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. 3.08 Alteration or Removal of Improvements Exclusive of normal maintenance, any construction or removal in connection with any Improvement, which in any way alters the Declaration of Covenants, Conditions, and Restrictions of University Heights Phase 1 Page 5 of 21 exterior appearance of said Improvement, shall be performed only with the prior written approval of the Architectural Committee. 3.09 Roofing Materials The surface of all roofs of principal and secondary structures shall be uniform throughout the Property, and shall be a material approved by the Architectural Committee. 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. 3.10 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. 3.11 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. 3.12 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; 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. 3.13 Drainacie. 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. 3.14 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, (ii) exterior fireplaces, or (iii) outdoor chimneys (or chimineas). 3.15 Mining _and Drillino 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 Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 6 of 21 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. 3.16 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. 3.17 Compliance with Provisions of University Heights Residential Restrictions, Each Owner shall comply strictly with the provisions of the University Heights Residential Restrictions as the same may be amended from time to time. Failure to comply with any of the University Heights 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. 3.18 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 Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, 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. 4.02 Pady Walls. Party walls shall exist along the interior lot line of each Townhome Lot where the original construction of each residence is located. Party walls in University Heights shall be governed by the following: (A) General Rules Each wall which is built as a part of the original construction of a residence upon the Property and placed on the dividing line between the Townhome Lots shall constitute a party wall and, to the extent not inconsistent with the provisions of this section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The owner of a residence shall not cut through or make any penetration through a party wall for any purpose whatsoever. (B) Sharing of Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in equal proportions. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase 1 Page 7 of 21 (C) Destruction by Fire or Other Casualty If a party wall is destroyed or damaged by fire or other casualty, then, to the extent that such damage is not covered by Insurance and repaired out of the proceeds of same, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, either because they share the wall along a boundary line or they own Townhome Lots within the group of attached residences where the damaged wall was located, they shall contribute to the cost of restoration thereof in equal proportions, without prejudice, however, to the right of any such Owners to call for a larger contribution from one or more of the others under any rule of law regarding liability for negligent or willful acts or omissions. (D) Weatherproofing Notwithstanding any other provision of this Article, to the extent that such damage is not covered and paid by the insurance provided for herein, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. (E) Right to Contribution Runs with Land The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. (F) insurance. Each Owner of a Townhome Lot shall be required to keep and maintain an insurance policy insuring against loss for fire and other casualty in an amount equal to at least its total property value appraised by the Brazos County Central Appraisal District, or such other amount as the Board may determine and declare annually by written notice published on a public website or delivered by U.S. mail to each Owner. ARTICLE 5 University Heights OWNERS ASSOCIATION 5.01 Organization The Declarant has caused, or will cause 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: Declaration of Covenants, Conditions, and Restrictions of University Heights Phase / Page 8 of 21 (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'D. 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: (A) UniversU Heights Rules and Bylaws To make, establish and promulgate, and in its discretion to amend or repeal and re -enact, such University Heights 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 University Heights. 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) Record . 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 University Heights Residential Restrictions or for the purpose of erecting, maintaining or repairing any Improvement to conform to the University Heights Residential Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the work conducted thereon (i) 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 special Assessments. The Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the 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 UNIVERSITY HEIGHTS, PHASE I Residential Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 9 of 21 or expedient to enforce the University Heights 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. (H) 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. (I) Employee . 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. Without limitation, the Association shall maintain the Front Lawns and the automatic sprinkler system in the Front Lawns. 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 Association, whether by Declarant or by other Persons. (2) To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any property owned by or leased to the Association, to the extent that such taxes and assessments are 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. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 10 of 21 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: (a) Parks, parkways, swimming pools, or other recreational facilities or structures; (b) Roads, streets, walks, driveways, trails and paths; (c) Unes, 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'O 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 on Lots which have been designated for maintenance and care by these Declarations or other agreements or supplemental declarations, 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. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 11 of 21 (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. 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 (i) 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 Declaration of Covenants, Conditions, and Restrictions of University Heights Phase / Page 12 of 21 members serving in an advisory capacity ( "Advisory Members ") as the Voting Members deem appropriate. 6.02 Action W 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 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 Specifications submitted for approval. Upon receipt of all necessary information, the Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and perform such other related duties assigned or authorized by this Declaration, including at its option inspection of construction in progress to assure its conformance with previously approved Plans and Specifications. The Architectural Committee shall have the express authority to perform fact- finding functions hereunder and shall have the power to construe and interpret any covenant herein that may be vague, indefinite, uncertain or capable of more than one Declaration of Covenants, Conditions, and Restrictions of University Heights Phase 1 Page 13 of 21 I 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 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 notbe 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 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. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 14 of 21 6.13 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. 6.14 Governmental Aged 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. 6.15 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 u.i_ (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 Declaration, as it may from time to time be amended. 7.03 Reaular 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 this Declaration, including but not limited to the cost of all entry ways, Declaration of Covenants, Conditions, and Restrictions of University Heights Phase / Page 15 of 21 landscaping, greenbelts, common areas, median strip, and right -of -way maintenance, the cost of enforcing the this Declaration, 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 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 this Declaration. 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 lien 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 Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 16 of 21 A 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 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 also reserves and declares a maintenance and irrigation easement for the Association on and across the Front Lawn of each Lot, which area shall be Common Areas, although fee title shall remain in each Owner. 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 (S) 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 and except for the Front Lawns. 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. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 17 of 21 • . W 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 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 University Heights 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, 2051, unless amended as herein provided. After December 31, 2051, 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 December 31, 2019, and thereafter for so long as Declarant holds a majority of the Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 18 of 21 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 December 31, 2019, an instrument executed and acknowledged by the Secretary of the Association, certifying that the Declarant had the requisite number of votes. (B) By Owners In addition to the method in Section 9.03 (A), after December 31, 2019, 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 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 Nob ces. 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 Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed, 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 Declarant nor any of Declarants 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 Declarant to (i) 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. • T . M • M (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 University Heights Residential Restrictions. Such right of enforcement Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 19 of 21 shall include both damages for, and injunctive relief against, the breach of any such provision. (B) Nonwaive . The failure to enforce any provision of the University Heights 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) LEm. 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. (A) Restrictions Severable The provisions of the University Heights 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) Capti 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. Declaration of Covenants, Conditions, and Restrictions of University Heights Phase i Page 20 of 21 y IN WITNESS WHEREOF, Declarant has executed this Declaration as of this day of . 2011. MJBS Holleman, LTD., a Texas limited corporation By: MJBS Holleman GP, Inc., General Partner M Paul A. Schultz, President STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 2011, by of Paul A. Schultz, President of MJBS Holleman GP, Inc., General Partner of MJBS Holleman, Ltd., a Texas limited corporation, on behalf of said corporation and in the capacity herein stated. Notary Public, State of Texas AFTER RECORDING RETURN TO: Cully Lipsey Hoelscher, Lipsey & Elmore, P.C. 1021 University Drive East College Station, Texas 77840 File #110265 WCL I DKLARA770N51 University HeightslCCRS.7une 2011 Declaration of Covenants, Conditions, and Restrictions of University Heights Phase I Page 21 of 21