HomeMy WebLinkAboutCovenants and Restrictions (2)THE STATE OF TEXAS
COUNTY OF BRAZOS
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
UNIVERSITY HEIGHTS, PHASE I
This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF UNIVERSITY
HEIGHTS, PHASE I (the "Declaration "), is made effective as of the day of
, 2011, by UHCS DEVELOPMENT, 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 1
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 Declarant's assigns, may create additional phases or sections
of University Heights, and adopt the same, similar or different 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
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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 Mortgagee. "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.
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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. " Townhome" or Townhomes" shall mean the Improvements erected for
residential occupancy on Townhome Lots.
1.24 Townhome Lots. " Townhome Lot" or " Townhome Lots" shall mean Lots 1 - 18, Block One,
and Lots 1 - 17, Block Two.
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, but shall not be required to, 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)
ARTICLE 2
DEVELOPMENT OF THE PROPERTY
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
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required only to record in the Official Records of Brazos County, Texas, a Notice of
Withdrawal 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 no longer apply to the
withdrawn land; and
(3)
3.02 Antennas.
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.
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 University Heights 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 Tess 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 less 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 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.
3.05 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:
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(1) signs advertising the Lot for sale;
(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.
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3.12 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. The roofs on all
Townhomes shall be uniform, and maintenance, repair or replacement of all roofs on
Townhomes shall be exclusively performed by the Association.
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 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.
3.16 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.
3.17 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).
3.18 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
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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.
3.19 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.
3.20 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 include the nature, size, duration and location of such structure
or structures.
3.21 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."
3.22 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. This restriction regarding travel trailers and
recreational vehicles shall not apply to guests staying at any Lot for less than forty-eight
(48) hours.
3.23 Fences.
(A) No fence, wall, or hedge shall be built or maintained forward of the front wall line
of the main structure. Notwithstanding the foregoing, the Architectural Committee is
empowered to waive the aforesaid limitation, 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 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
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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
facing streets or Common Areas, or adjoining properties which are not part of University
Heights, 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.
3.24 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 two (2) adult dogs and two (2) 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.
3.25 Maintenance of Lawns and Plantings.
(A) The Association shall have the sole authority and responsibility for all lawn,
landscape, trees, shrubs, grass and plantings of every kind on all Townhome Lots. The
Association shall have, and is hereby granted, an easement across the Townhome Lots for
the purpose of planting, mowing, irrigating (with automatic sprinkler systems), watering,
replacing, cultivating and maintaining the Townhome Lots in such manner as the
Association in its sole discretion shall determine to be necessary or prudent. Each owner
shall keep all other portions of such Owner's Townhome Lot cultivated, pruned, and free
of trash and other unsightly material.
(B) Each owner of Lots other than Townhome Lots shall keep such Lot mowed,
watered, irrigated with automatic sprinkler systems, cultivated, maintained, pruned and free
of trash. Trees, shrubs, vines and plants that die shall be promptly removed.
(C) Declarant, the Association and the Architectural Committee shall have the right at
any reasonable time, after giving not Tess than ten days' notice to Owner, to cure any
violation of this provision, to enter upon any Lot to replace, maintain and cultivate shrubs,
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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.
3.26 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.
3.27 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.
3.28 Mailboxes. Mailboxes shall be brick or other materials approved by the Architectural
Committee, and shall be located in a cluster location or locations determined by the Board.
3.29 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 twenty (20) 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
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.
3.30 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.
3.31 Swimming Pools, Recreational Amenities, Other Public Areas. Any swimming pools,
recreational amenities or other improvements in public areas constructed on the Property
by Declarant or the Association shall be governed by rules and regulations for use or
prohibitions against use established by the Board from time to time.
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3.32 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 four (4) 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. On- street parking shall not
be permitted on the side of any street where fire hydrants are located. Garage doors
visible from any street within the Properties shall remain closed 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 vehicles 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.
3.33 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.
3.34 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.
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3.35 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.
3.36 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
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 other
than Townhome Lots within the Property shall be improved as single - family residential
structures, with no more than one (1) residential dwelling unit per Lot. All Townhome Lots
shall be constructed as single family townhomes and may have party walls and unified roof
systems. Anything herein to the contrary notwithstanding, any Lot may be used or
improved for a greenbelt, open space 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 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. Garages may not be converted or used for occupancy by Owners
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase ! 12
I
or other occupants, or any other purpose other than storage of vehicles, equipment or
other incidental related property.
4.03 Outbuildings. Every building, inclusive of such structures as a 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 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 structures 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 on Lots shall contain no less than 1,600 square feet of enclosed
living space, exclusive of all porches (open or covered), decks and garages, and all single
family townhomes shall contain no less than 1,300 square feet of enclosed living space,
exclusive of all porches, decks and garages. Each residence shall include an enclosed
attached 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 shall be allowed only with the
prior written approval of the Architectural Committee.
4.07 Patty 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.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase l 13
(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.
(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 Toss 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.
4.08 Setback Requirements. No building shall be located or erected nearer to any Lot line than
the building Tine shown on the recorded plat of the Property subdivision section which
includes such Lot, as follows:
Lots other than Townhome Lots:
Front Setback
Back Setback
Side Setback
Townhome Lots:
Front Setback
Back Setback
Side Setback
25 feet
20 feet
7.5 feet
25 feet
20 feet
zero lot line
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I
14
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:
(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:
(A) University 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.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase 1 15
(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 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 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) 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. On all Lots other than Townhome Lots, 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 Townhome
Lots and the automatic sprinkler system on Townhome Lots, as provided in 3.25 above.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 16
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, including without limitation, a
swimming pool or pools in Common Areas. Financing may be effected through
conventional mortgages or deeds of trust, the issuance and sale of development or
other bonds, or in any other form or manner deemed appropriate by the borrower,
whether Declarant or the Association. The mortgage or other security interest given
to secure repayment of any debt may consist of a first, second or other junior lien,
as deemed appropriate by borrower, whether Declarant or the Association, on the
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:
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 17
(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 properly 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.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 18
(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 Repair and Maintenance of Exterior Surfaces and Roofs on Townhomes. Townhomes
shall be subject to the uniform maintenance and repair authority of the Board of the
Association. All roof repair and maintenance shall be the responsibility of the Board,
funded by special assessments as provided in Section 7.04. All maintenance and repair
of exterior surfaces shall be the responsibility of the Board, funded by special
assessments as provided in Section 7.04.
5.08 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.
5.09 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: Paul Schultz, Rostell Chapman, and Kenny Melesky.
6.02 Action by Architectural Committee. Items presented to the Architectural Committee shall
be decided by a majority vote of the Voting Members.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase / 19
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
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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 20
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 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
Texas , 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.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase 1 21
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 Agency 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.
6.16 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.
7.01 Assessments.
ARTICLE 7
FUNDS AND ASSESSMENTS
(A) The Association may from time to time levy Assessments against each Lot whether
or not improved. Except for special assessments, the level of Assessments shall be equal
and uniform between all Lots other than Townhome Lots. Townhome Lots shall be
assessed at a different level from other Lots, but all Townhome Lot assessments shall be
equal and uniform between all Townhome Lots. It is provided, however, that no
Assessments hereunder shall be levied against Declarant, or against an Owner prior to the
earlier of (a) sodding of the front yard of a Lot, or (b) 180 days after a building permit is
issued for construction of Improvements on the Lot.
(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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 22
Association must be used solely for purposes authorized by this Declaration, 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 this Declaration, 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 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. The Board may also make
special assessments against individual Owners for costs related to repair or maintenance
of damages or loss to Common Areas or property for which the Association has a repair
obligation caused by the negligence or intentional acts of any Owner or occupants of a Lot.
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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 23
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
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 of each Townhome 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 (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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase 1 24
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
Townhome Lots. 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
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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 25
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
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 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 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 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
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
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 26
•
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 University Heights 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 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) 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.
9.09 Construction.
(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) 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.
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 27
•
IN WITNESS WHEREOF, Declarant has executed this Declaration as of this day of
, 2012.
STATE OF TEXAS §
COUNTY OF BRAZOS
By:
§
DECLARANT:
UHCS DEVELOPMENT, LTD, a Texas limited
partnership
By: UHDEV GP, INC., a Texas corporation, its general
partner
Paul A. Schultz, President
This instrument was acknowledged before me on the day of ,
2012, by of Paul A. Schultz, President of UHDEV GP, INC., a Texas corporation, general partner of
UHCS DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said partnership and in the
capacity herein stated.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Cully Lipsey
HOELSCHER, LIPSEY, ELMORE & POOLE, P.C.
1021 University Drive East
College Station, Texas 77840
File #110265
WCL �DECLARATIONSI University Height4CCRs
Declaration of Covenants, Conditions, and Restrictions
of University Heights Phase I 28
Exhibit A
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE
CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID TRACT
BEING A PORTION OF A 39.858 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO MJBS HOLLEMAN, LTD
RECORDED IN VOLUME 10052, PAGE 256 OF THE OF'F'ICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 3 /4 INCH IRON PIPE FOUND ON THE SOUTHWEST LINE OF HOLLEMAN DRIVE SOUTH (100' ROW.)
MARHING THE NORTH CORNER OF SAID 39.858 ACRE TRACT AND THE EAST CORNER OF A CALLED 20305 ACRE
t'EACT OF LAND AS DESCRIBED BY A DEED TO JOHN KEMP AND WIFE, LINDA KEMP RECORDED IN VOLUME 2561, PAGE
86 OF THE 01+F1QAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE, CITY OF COLLEGE
STATION GPS MONUMENT NO. 116 BEARS: S 08° 05' 26" E FOR A DISTANCE OF 9830.69 FEET;
THENCE: S 22° 04' 25" E ALONG THE SOUTHWEST LINE OF HOT FMAN DRIVE SOUTH FOR A DISTANCE OF 871.86 FEET
TO A POINT MARKING THE EAST CORNER OF THIS HEREIN DESCRIBED TRACT. FOR REFERENCE, A 1/2 INCH IRON
ROD FOUND MARKING THE EAST CORNER OF SAID 39.858 ACRE TRACT BEARS: S 22° 04' 25" E FOR A DISTANCE OF
401.05 FEET;
THENCE: THROUGH SAID 39.858 ACRE TRACT FOR THE FOLLOWING CALLS:
S 68° 52' 14" W FOR A DISTANCE OF 22.13 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE
CURVE HAVING A RADIUS OF 175.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 30' 13" FOR AN ARC DISTANCE OF 77.90 FEET (CHORD
BEARS: S 55° 10' 29" W - 77.25 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 42° 25' 22" W FOR A DISTANCE OF 474.28 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE
CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79° 07' 23" FOR AN ARC DISTANCE OF 34.52 FEET (CHORD
BEARS: S 02° 51' 41" W - 31.85 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE AND THE BEGINNING OF A
CLOCKWISE CURVE HAVING A RADIUS OF 175.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 17' 45" FOR AN ARC DISTANCE OF 34.50 FEET (CHORD
BEARS: S 31° 03' 08" E - 34.45 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 64° 35' 45" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE
CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 112° 10' 23" FOR AN ARC DISTANCE OF 48.94 FEET (CHORD
BEARS: N 81° 29' 26" W - 41.49 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 42° 25' 22" W FOR A DISTANCE OF 1.49 FEET TO A POINT;
N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER - CLOCKWISE
CURVE HAVING A RADIUS OF 25.00 FEET;
fit
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET
(CHORD BEARS: N 07° 14' 14' ` W - 38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
N 56° 53' 51" W FOR A DISTANCE OF 64.35 FEET TO A POINT MARKING TFIE BEGINNING OF A COUNTER-
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET
(CHORD BEARS: S 82° 45' 46" W - 32.37 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 42° 25' 22" W FOR A DISTANCE OF 12.14 FEET TO A POINT;
N 47° 34' 38" W FOR A DISTANCE OF 24.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER-
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET
(CHORD BEARS: N 07° 14' 14" W- 38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
N 56° 53' 51" W FOR A DISTANCE OF 6333 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER-
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET
(CHORD BEARS: S 82 45' 46" W - 32.37 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 42° 25' 22" W FOR A DISTANCE OF 16.41 FEET TO A POINT;
N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER-
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99' 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET
(CHORD BEARS: N 07° 14' 14" W - 38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
N 56° 53' 51" W FOR A DISTANCE OF 192.54 FEET TO A POINT MARKING THE BEGINNING OF A
COUNTER- CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 40' 47" FOR AN ARC DISTANCE OF 35.20 FEET
(CHORD BEARS: S 82° 45' 46" W-32.37 I+'EET) TO A POINT MARKING THE END POINT OF SAID CURVE;
S 42° 25' 22" W FOR A DISTANCE OF 16.41 FEET TO A POINT;
N 47° 34' 38" W FOR A DISTANCE OF 50.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTER-
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99° 19' 13" FOR AN ARC DISTANCE OF 43.34 FEET
(CHORD BEARS: N 07° 14' 14" W-38.11 FEET) TO A POINT MARKING THE END POINT OF SAID CURVE;
N 56° 53' 51" W FOR A DISTANCE OF 92.17 FEET TO A POINT ON THE COMMON LINE OF SAID 39.858 ACRE TRACT
AND SAID 20305 ACRE TRACT. FOR REFERENCE, A 3/4 INCH IRON ROD FOUND MARKING THE WEST CORNER
OF SAID
39.858 ACRE TRACT BEARS: S 42° 25' 22" W FOR A DISTANCE OF 665.55 FEET;
THENCE: N 42° 25' 22" E ALONG SAID COMMON LINE FOR A DISTANCE OF 1137.21 FEET TO THE POINT OF
3EGINNING CONTAINING 15.83 ACRES OF LAND, MORE OR LESS.
BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS OBSERVATION.