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• DECLARATION OF COVENANTS AND RESTRICTIONS ''9`
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WOODCREEK , tf . A. G ;
(A RESIDENTIAL SUBDIVISION) -L- 'C► c • • AI k
V4 1982 °O,
• THE STATE :OF TEXAS S �+ N� z �''
COUNTY OF BRAZOS $ n� 1 fir" [• :'o. tr
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• THIS DECLARATION, made 9n the date hereinafter set forth by
E. W. SCHULTZ, M. L. CASHION, R. 'W. BUTLER, H. D. BUTLER, B. D. MOORE.•
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W. CECIL
HOBSON, B. B. SCASTA,INC., BORSKI HOMES, INC. , JOE COURTNEY;
•
INC.,
WIC JAN WIC HOLES, INC. and TONY. JONES CONSTRUCTION COMPANY. INC.,
doing business as WOOD CREEK " (hereinafter collectively `;
EEK JOINT VENTURE, , s �•
referred to as "Declarant").
W I T N E S S E T H i+
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WHEREAS, Declarant is the owner of the real property described • in .Article III of this Declaration and desires to create' thereon a '
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residential community with designated "lots," and "Common Properties" ,, a;
and "Common Facilities" (now or hereafter existing), as those terms•are• ''
defined herein, for the benefit of the present and future Owners of ' •,
said Lots; and r
WHEREAS, Declarant desires to provide for the preservation of
the values and amenities in said community and for the maintenance of "
, •
Common Properties and Common Facilities, if any, and, to this end,
desires to subject the real property described in Article III, together
with such additions as may hereafter be made thereto (as provided
( in
Article. ' III), to the respective t ., , ti
ective co
A venants, restrictions,' easements, ,,"V
charges and liens hereinafter set forth, each and all of which is and I;
are for the respective benefit of said Properties and each respective 4,
Owner thereof; and ;
• WHEREAS, Declarant has deemed it desirable, for the efficient • •hC;
preservation of the values and amenities in said community, to create •. ;it,
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an agency and /or agencies to which will be delegated and assigned cer- •;r. :d ‹:
tain respective powers of maintaining and administering the Properties •` .
and any Common Properties and Facilities and administering and enfor• ;a,
ing the covenants and restrictions and collecting and disbursing the •`y
assessments and charges hereinafter created;, and ;
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WHEREAS, Declarant shall cause certain non- profit corporations ^ r • 'i
to be incorporated under the laws of the State of Texas, for the..
• pose of exercising the functions aforesaid; pur- IA
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•
• NOW, THEREFORE, the Declarant declares that the real property
. described in Article III is and shall be held, transferred, sold, con -' ,,
veyed, occupied, and enjoyed subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to herein collectively. 41 '
as "covenants and restrictions ") hereinafter set forth. �1
'
ARTICLE I
Definitions
The following words when used in this Declaration shall ha ve 0.
the following meanings unless otherwise noted: .�,f
• • (a -1) "Associations" shall mean and refer•to collectively
all of the associations mentioned in (a -2), (a -3) and (a -4) t''
• .., below and such additional associations which Declarant may .
hereafter create and cause to be,brought under this Declaration .; •
as additional properties may be added. j
(a -2) "Master Association" shall mean and refer to Wood-
Creek Community Association, Inc., a Texas non - profit corpora -
tion, which Declarant shall cause to be incorporated as pro
vided in Article IV, Section 1(a) below, its successors and
assigns. ;
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(a -3) "Stonebridge Homeowners Association, Inc." shall
mean and refer to the non - profit corporation which Declarant
shall cause to be incorporated as provided in Article IV, Sec- �.
tion 1(b) below, its successors and assigns. ..
(a -4) "Shadowcrest Homeowners Association, Inc." shall
mean and refer to the non - profit corporation which Declarant
shall cause to be incorporated as provided in Article IV, Sec-
; tion 1(c) below; 'its successors and assigns. .
''
(a -5) "Subsequent Associations" shall mean and refer to
the non - profit corporations which Declarant shall cause to be ,
incorporated in fulfillment of the development of WoodCreek and
• the remaining one hundred thirty -five (135) acres described in
' Article III,' Section 1(c) below.
(b) "The Subdivision" shall mean and refer to WoodCreek,
Section One, all subsequent Sections of WoodCreek Subdivision
brought within the scheme of this Declaration by Declarant, and •
.' any other real property (including specifically, but without i' i
limitation, all or portions of other subdivisions being or to •
. be 'developed by Declarant or their affiliated or subsidiary
entities or other third parties to whom the right is specifi-
cally assigned by Declarant in writing) brought within the
scheme of this Declaration by Declarant, all as hereinbelow
provided.
•
(c) "The Properties" shall mean and refer to the proper-
ties described in Article III hereof which are subject to this
Declaration. •
(d -1) "Subdivision Plats" shall mean and refer to all
, .• , respective maps, plats or replats of WoodCreek, Section One
, (1), and plats of other sections within the WoodCreek Subdivi-
sion recorded in the Deed Records of Brazos County, Texas.
.
(d -2) " WoodCreek, Section One" shall mean that portion of .
the Properties reflected on •the plats filed in Volume 529 at
Pages 28 and 29 of the Deed Records of Brazos County, Texas.
(e) "Lot" and /or "Lots" shall•mean and refer to each of : •
the Lots upon the respective Subdivision Plats. Reference
herein to "the Lots in The Subdivision" shall mean and refer to t
Lots as defined respectively in this Declaration and all
. Supplemental Declarations. t.
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• (f) "Common Properties" shall mean and refer to any of `' .
those areas of land as may be respectively designated on the
Subdivision Plats as Common Properties, if any (except the " .
Lots,•utility easements and the streets shown thereon and the
"Reserves" as labeled, which are now owned by Declarant) , •
together with such other property as any Association may, at r
' any time or from time to time, acquire by purchase or other- tt
• wise, which shall not be presently part of, now brought into, , ,
or affected by this Declaration, but which may hereafter be
brought within the scheme of this Declaration by Declarant by •
grant, deed or other conveyance for the benefit of all or a
portion of the Properties and /or Lots, subject, however, to any !
easements, limitations, restrictions, dedications and reserva-
; tions applicable thereto by virtue hereof or Supplemental
" Declarations and /or by virtue of one or more of the Subdivision
Plats, and /or by virtue of prior grants or dedications by
Declarant or Declarant's predecessors in title. References
+' herein to "the Common Properties in The Subdivision" shall mean
. and refer to Common Properties as defined respectively in this
'•'. Declaration and all Supplemental Declarations or similarly ,
recorded documents evidencing covenants and /or restrictions.
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(g) "Common Facilities" shall mean and refer to all now p , :f
7, existing, or subsequently provided, improvements upon or within 1
i , any , of the Common Properties, except those as may be expressly '` ''
'.• excluded herein or by any Supplemental Declaration. Also, in', • ,•
some instances, Common Facilities. may consist of improvements , r;• { t
k. for the use and benefit of certain respective Owners construct -. ,- ■ c;
; ed on portions of one or more Lots or on acreage oWfled
1.. Declarant (or Declarant and others) which is not a part' of the �; =
x• ,. Properties. By way of Common Facilities may
include, but not necessarily be limited to, the followings :r; r
structures for recreation, storage or protection of equipment; i
fountains; statuary; sidewalks; • s de alks trails; ils landscaping; aw
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swimming i r
pools; and other similar and appurtenant improvements. Refer-
. '.;r. ences herein to "the Common Facilities (and Common Facility) in ,
The Subdivision" shall mean and refer to Common Facilites as >
defined respectively in this Declaration and all Supplemental
•. Declarations.
• (h) "Supplemental Declaration" shall mean and refer to any ■
Supplemental Declaration of Covenants and Restrictions bringing I:
additional property within the scheme of this Declaration under
the authority provided in Article III hereof. References here -
,'., in (whether specific or general) to provisions set forth in ` 1
". "all (any) Supplemental Declarations" shall be deemed to relate.'.:!'
'';, to the respective properties covered by such Supplemental ''
' Declarations. I. ,•
;(i.) "Owner" shall mean and refer to the record- owner, or 1
; if such Lot is subject to a purchase contract with Declarant,
,. to the contract purchaser, whether one or more persons or enti
ties, of the fee simple title to any Lot situated upon the
Properties, but, notwithstanding any applicable theory of mort- •
H• gages, shall not mean or refer to any mortgagee unless and
until such mortgagee has acquired title to one or more Lots
• pursuant to foreclosure or any proceeding in lieu of foreclo- ±'
sure. References herein to the Owners in The Subdivision" .
shall mean and refer to Owners as defined in this Declaration • •
and all Supplemental Declarations.
• (j) "Member" and /or "Members" shall mean and refer to all
those Owners who are members of one or more of the Associa _•
■
tions, as provided in Article IV, Section 4 hereof, together . .
with all the Owners in The Subdivision who are members of one 4
` or more of the Associations as provided in all Supplemental i
• Declarations.
(k) "Utilities" shall consist of, but not be limited to, ,
:c water, sewer, drainage, gas, telephone and electricity lines
y and facilities.
(1) "Declarant" shall be the aforesaid entities and any
/;• successors and assigns to whom the rights of Declarant here-
' under are specifically assigned in writing.
ARTICLE II
Easements
Section 1. Existing Easements. The Subdivision Plats dedicate I
for use as such, subject to the limitations set forth therein, certain
streets and easements shown •thereon, and such Subdivision Plats further
establish dedications, limitations, reservations an'd restrictions
•, applicable to the Properties. Further, Declarant and Declarant's pre-
decessors in title have heretofore granted, created and dedicated by
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'several' recorded instruments, certain other easements and related
;rights affecting the Properties. All dedications, limitations, re-
strictions and reservations shown on the Subdivision Plats and all
°-.grants and dedications of easements and related rights heretofore made
, '''
e ; ; b Y Declarant and Declarant's predecessors in title affecting the Prop •
: erties l are incorporated herein by'reference and made a part of this
,,,Declaration for all purposes, i as if fully set forth herein, and shall
• be construed as being adopted in each. and every contract, deed or con -
; or to be executed by or on behalf of Declarant convey- °,
.`i any part of the Properties.
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Section 2. Changes and Additions. Subject to the acquisition
of any required FHA /VA approvals pursuant, Declarant reserves the right
to make changes in and additions to the above rights -of -way and /or
_I easements for the purpose of most efficiently and economically install -
ing any improvements thereon. Subject to the acquisition of any
required FHA /VA approvals, 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, easements for utilities in favor of any person or entity fur -
nishing or to furnish utility services to the Properties, along and on ,'.
either or both sides, or any front and /or back, of any Lot.
.
Section 3. :Emergency and Service Vehicles. An easement is •
', hereby granted to all police, fire protection, ambulance and other
emergency vehicles, and to garbage and trash collection vehicles, and
other service vehicles to enter upon the Properties in the performance
• of their duties. Further, an easement is hereby granted to all Associ-
ations, its officers, agents, employees and management personnel to
enter the Properties to render any service.
Section 4. Surface Areas. The surface of all easement areas
.' • within the Lots for underground utility services may be used for plant-
• ing of shrubbery, trees, lawns, or flowers. However, neither the
. Declarant nor any supplier of any utility or service using any easement •
area shall be liable to any Owner or to the Association for any damage I
done by them or either of them, or their respective agents, employees,
servants or assigns, to any of the aforesaid vegetation and /or any
other improvements located thereon as a result of any activity relating
to the construction, maintenance, operation or repair of any facility 1
in any such easement area. Additionally, the Owner and /or Association ,
' shall be solely responsible at his /its sole costs for maintaining the '•
surface area of such utility easements pursuant to the terms 'and condi- '
tions herein provided pertaining to use and visible appearance of i
. Lots: •
ARTICLE III `•
Property Subject to this Declaration l
Section 1. Description: The real property which is, and shall
be, held, transferred, sold, conveyed and occupied subjebt to this
Declaration consists of the following:
(a) Those certain Lots in WoodCreek, Section One (1) • • . `
(Stonebridge, Phase I) designated on Exhibit "A" attached iI •
hereto, and being sometimes herein referred to as "Stone -
bridge "; and +
(b) Those certain Lots in WoodCreek, Section One (1)
.; ( Shadowcrest, Phase I) designated on Exhibit "A" attacheca
hereto, and being sometimes herein referred to as "Shadow +'
crest "; and
' (c) An additional approximately one hundred thirty-five • •
• (135) acres presently owned by Declarant and contemplated to be
included in the future development of WoodCreek as a subdivi- • '
sion in College Station, Texas; i
all of which real property is sometimes hereinafter referred to as the .
"Existing Property." Any one or more of such Sections may be herein
• referred to collectively as "Sections" or individually as a "Section." .
• •
Section 2. Mineral Exception. There is hereby excepted from • •
/
':the Properties, and Declarant will hereafter except from all its sales
• and conveyances of the Properties, or any part thereof, including the
Lots and Common Properties owned by Declarant, if any, any and all oil,
gas, coal, lignite, uranium, iron ore and other minerals (valuable, or . '
a .•:invaluable, similar or dissimilar, surface- related or not) in, on,
about and under the Properties, which are owned by Declarant, if any,'
• but Declarant hereby waives, and /or will waive in each such conveyance,
its right to use the surface of such land for exploration for,,or, •
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• 'development and /or transportation of, said above mentioned minerals: '
. provided that any future conveyance of a Lot(s) which fails to 'include '�
such reservation and waiver shall be governed by the intent hereof not -'
withstanding such failure.
.
Section 3. Additions to Existing Property. Additional lands
• may become subject to the scheme of this Declaration in the following , 1
manner:
(a) Additions by Declarant. The Declarant, its successors
V';..' and assigns, shall have the right to bring within the. scheme of
this Declaration additional properties in future stages of the j
development (including, without limitation, subsequent portions 1
.' of the sections to be developed by Declarant, subsequent sec- 1 .
i tions of WoodCreek Subdivision and all or portions of ether
• subdivisions being or to be developed by Declarant or affili-
ated:or subsidiary entities, or other third parties to whom
such, right is specifically assigned by Declarant), upon the I,
approval of the Board of Directors of the Master Association,
▪ in its sole discretion. Any.additions authorized under this '
▪ and the succeeding subsection, shall be made by filing of r l )'
• record a Supplemental Declaration of Covenants and Restrictions
4 with 'respect to the additional property which shall extend the `
`j scheme` of the covenants and restrictions of this Declaration,
•a. or only specific portions hereof, to such property and the . r'•
!: execution thereof by members of the Board of Directors of the •
Master'Association shall constitute all requisite evidence of
^y.. the required approval thereof by such Board of Directors. Such
;;;.. Supplemental Declaration must impose an annual maintenance
• charge assessment on the property covered thereby, on a uni- ,
form, per lot basis, substantially equivalent to the•mainte-
• nance charges and assessments imposed by this Declaration, and }.
may contain such complementary additions and /or modifications
of the covenants and restrictions contained in this Declaration ,'•`
"r as may be applicable to the additional lands approved by the
;:t Master Association. '
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(b) Other Additions. Upon the approval of the Board of
• Directors of the Master Association, in its sole discretion,
s. the owner of any property who desires to add it to the scheme A , -
of this Declaration and to subject it to the jurisdiction of •
the Association may file of record a Supplemental Declaration 4A
of Covenants and Restrictions upon the satisfaction of the con- 1I
ditions specified in subsection (a) above.
a '' (c) Mergers. Upon a merger or consolidation of the Master
+,• Association with another association, the Master Association's
,• properties, rights and obligations may be transferred to !
'. another surviving or consolidated association or, alternative- 'f
' • ;', . ly, the properties, rights and obligations of another associa- F;,:
,� 4 tion' mar be added to the properties, rights and obligations of
the Association as a surviving corporation pursuant to a merge.
The surviving or consolidated association shall administer the
p covenants and restrictions applicable to the properties of the ;1
'` other association as one scheme. No such merger or consolida-
;:; tion however, shall effect any revocation, change or addition 'ii
' „'' to the covenants and restrictions established by this Declara- ,
. r`. tion or any Supplemental Declaration. Additionally, no merger ? ; •
or consolidation of Stonebridge Association, Shadowcrest Asso
elation and /or Subsequent Associations shall occur and be of
fective without the prior written approval of the Board of ,,
Directors of the Master Association.
' 4 ' ARTICLE IV ! ,
The Associations
' Section 1 Organization. The Declarant shall cause the organi
•°aatiop. and formation of certain non - profit corporations (all of the 1
,;,Fame may be, hereinafter referred 'to'collectively . as "Associations•).
.'pursuant, to the laws of the State of Texas as follows:
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(a) The Master Association, whose members shall consist of,
( (i) Declarant; (ii) the f such Directors of Stonebridge Association '`
E and Shadowcrest Association; and (iii) the Directors o
' other subsequent non - profit corporations which may be subse-
quently formed and brought into this Declaration by Declarant.
expected Su
The expbsequent Associations shall encompass the devel-
acres b
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Opment of. approximately one hundred thirty -five (13 ) by
Declarant. =
' (b) Stonebridge Association, whose members shall be the
Owners of Lots within WoodCreek, Section One (1) (Stonebridge,
Phase I) and subsequent phases of Stonebridge.
i
(c) Shadowcrest Association, whose members shall be the
Owners of Lots within WoodCreek, Section One (1), ( Shadowcrest,. ;I
• Phase I) and subsequent phases of Shadowcrest.
•
. Section 2. Purpose. The purpose of all of the Associations, . . E •
in general, shall be to provide for and promote the health, safety and
welfare of their respective Members, to collect the respective annual
maintenance charges and to administer the maintenance fund, to provide
1 for the maintenance, repair, preservations, upkeep, protection of any
Common Properties and Facilities in the respective concerned Subdiyi-
. sions, provide miscellaneous services and such other purposes as are
stated in their respective Articles of Incorporation consistent with
the provisions of this Declaration and all Supplemental Declarations.
Notwithstanding the above, the Master Association shall be delegated '
and assume responsibility for the maintenance and repair of the surface
areas comprising the flags and landscaped entry sign area, concrete
brick areas on WoodCreek Drive, W000dCreek Drive esplanade, the "Wood-
Creek" sign, lakes and common areas as designated on master preliminary
plat, and /or such other areas as the Board of Directors of the Master
• Association deems appropriate from time to time; provided that the .
I,,
' costs and expenses associated therewith shall be charged directly to,
and paid by, the respective Association(s), as determined on the basis
! of multiplying the respective cost by a fraction, the numerator of j,
10 which is the gross acreage with each respective Section and the denom- .
inator is the gross acreage within the Subdivision, all as reflected on 1,
the Subdivision Plats, to the extent sufficient respective funds are .�
not available from cash reserves created from Master Association
assessments, all as provided below in Article VI, Section lib).
Section 3. Directors.
(a) Stonebridge, Shadowcrest or Subsequent Associations: I •
These Associations shall each act through ten (10) member Board, 1
of Directors, which shall manage the affairs of the Associa -'
tion. The initial Directors of each Association shall be
• selected by Declarant. Directors shall serve for terms as pro '
• . vided in the Bylaws of such Association. After the expiration
of the term of the initial Directors, the members shall elect a: •
Board of Directors as provided for in the Bylaws. The respec-
• tive•Directors of each Board shall have the power to select one k
or more advisory directors from the residents of its respective i t
Subdivision to serve for such periods of time as such Board of
'Directors• shall deem appropriate, for the purpose of providing i
•advice and counsel to such Board of Directors, provided that
• such advi Directors shall have no right to act on behalf of 1
the respective Association.
'(b) Master Association: The Master Association shall act
through a Master Board.of Directors composed of Declarant and
the respective members of the Board of Directors of all Associ
1 . ' ,
ations then operating under and pursuant to this Declaration.
• Section 4. •Members. . .
(a) Stonebridge Association: Bach Owner, whether one or 1
more persons or entities, of a Lot shall, upon and by virtue of
becoming such Owner, automatically become a Member of this
Association and shall remain a Member thereof until his owner-
ship ceases for any reason, at which time his membership in the
• Association shall automatically cease. Membership in the Asso - J;
ciation shall be appurtenant to and shall automatically follow e.
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'. the 'legal ownership of each Lot and may not be•separated from .'
'; . :such 'ownership. Whenever the legal ownership of any -Lot. passes • ' J •
. 4 ;.• from 'one person to another, by whatever means, it shall not be
, necessary that any instrument provide for transfer of member -
ship iin the Association 'and no certificate of membership will i
be issued. '
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(b) Shadowcrest Association: Each Owner, whether one or '
more persons or entities, of a Lot shall, upon and by virtue of
becoming such Owner, automatically become a Member of this
•
•• Association and shall remain a Member thereof until his owner ; } }
A 1 •.
ship ceases for any reason, at which time hig membership in the } • 'Association shall automatically cease. Membership in the sso- R
• '. ciation shall be appurtenant to and shall automatically fellow ;S
• : ; the legal ownership of each Lot and may not be separated/from
such'ownership. Whenever the legal ownership of any Lot passes
from one person to another, by whatever means, it shall not be {j
necessary that any instrument provide for transfer.of member-
• .ship the Association, and no certificate of membership will 2
be •
issued.
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(c) Master Association: •As mentioned above, the Members '
•of this Association shall be the Declarant and all respective
Members of the Boards of Directors of all Associations' then •
. operating under and pursuant to this Declaration. Each such a o '
.,. %' individual Director Member shall remain a Member hereof until'
his /her term as a Director of his /her respective Association f•
expires or terminates for whatever reason.
;.• Section 5. Voting Rights. .
4 .t •
Si;°' (a) Stonebridge Association: The Association shall have
two (2) classes of voting membership:
• '` Class A. Class A Members shall be all the respec • .
,. tive Members of the Association, with the exception of the `'
..1. Del Declarant, and its successors• and assignees to whom the
right of Class B membership is expressly assigned in writ- (
'*;- ing. Class A Members shall be entitled to one (1) vote for
each Lot in The Subdivision in which they hold the interest ')•.J.
required for membership by this Declaration or any Supple- ' •
mental Declaration. When more than one (1) person holds
'. such interest or interest in any such Lot, all such persons
shall be Members and the vote for such Lot shall be exer-
4 ? cised as they among themselves determine, but, in no event,
.w, shall more than one (1) vote be case with respect to any
•
,s such, Lot. .. .
•x%. .` Class B. The Class B Member shall be the Declarant, ' . •
t;0 . and its successors and assignees to whom the right of Class •
,,'4tli 8 membership is expressly assigned in writing. The Class B
` i Member.shall be entitled to three (3) votes for each Lot in
• 1 ," The Subdivision in which it holds the interest required for .
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•• membership by this Declaration or any Supplemental Declara- it':
•
` . tion; provided that the Class B membership shall cease and i3
-f:., become converted to Class A membership on the happening of '°
, the following events, whichever occurs earlier:
, ., .
•r (a) when the total votes outstanding in the •
,,,, Class A membership equal the total votes outstanding in
•ti; the Class B membership; ,
41 (b) on June 1, 1991.
` �, , From and after the ha ' • :
ppening of whichever of these events
. occurs earlier, the Class B Member shall be deemed to be a
A, Class •A Member entitled to one (1) vote for each Lot in The ••'
Al ••Subdivision in which it holds the interest required for member-
., • ship by this Declaration or any Supplemental Declaration.
*H.: (b) Shadowcrest'Ass The Association shall have
G, ;,,'., two (2) classes of voting membership: 4 ! •
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. ,,' Class A. Class A Members shall be all the respective
Members of the, Association, with the exception of the
.1 Declarant, and its successors and assignees to whom the
right of Class B membership is expressly assigned in writ-
ing. Class A Members shall be entitled to one (1) vote for
each Lot in The Subdivision in which they hold the interest
required for membership by this Declaration or any Supple- ;
mental Declaration. When more than one (1) person holds
such interest or interest in any such Lot, all such persons
shall be Members and the vote for such Lot shall be exer-
cised as they among themselves determine, but, in no event,
shall more than one (1) vote be case with respect to any
such Lot.
Class B. The Class B Member shall be the Declarant,
and its successors and assignees to whom the right of Class
B membership is expressly assigned in writing. The Class B
• Member shall be entitled to three (3) votes for each Lot in
•
The •Subdivision in which it holds the interest required for ,
• membership by this Declaration or any Supplemental Declara-
tion; provided that the Class B membership shall cease and
become converted to Class A membership on the happening of
the following
events, whichever occurs earlier: r
v 1
(a) when the total votes outstanding in the
Class A membership equal the total votes outstanding in
the Class B.membership; •
(b) on June 1, 1991.
From and after the happening of whichever of these events
• occurs earlier, the Class B Member shall be deemed to be a j�
Class A Member entitled to one (1) vote for each Lot in The
Subdivision in which it holds the interest required for member -
ship by this Declaration or any Supplemental Declaration.
li
(c) Master Association: Each Director /Member
shall be entitled to one (1) vote for each Director position • • •
held by .him on all Associations' Boards of Directors that are • .
subject to this Declaration, other than this Master Associa-
tion's Articles of Incorporation or Bylaws, except as may be
therein limited, modified or enlarged.
Section 6. Title to Common Properties, Facilities and
Reserves. The Declarant shall retain legal and equitable title to
Common Properties and Common Facilities in The Subdivision until such
j time as it has completed improvements thereon, if any. The Common
•Properties and Facilities, if any, shall be conveyed by the Declarant
to one or more of the Associations. Until title to such Common Proper -
ties and /or Facilities has been conveyed to the Association by Declar-
ant, Declarant shall be entitled to exercise all legal and practical
rights and privileges relating to such Common Properties and /or Facili-
ties without concern of any effect on The Subdivision and /or any Owner
thereof.
ARTICLE V
Property Ri ghts in any Common Properties and Common Facilities ` .
. Section 1.. Members' Easements of Enjoyment. Subject to the
provisions of Section 6 of Article IV and Section 2 of this Articl9 V,
every respective Member of each Association shall have a common right
and easement of enjoyment in and to the Common Properties and Common'
' Facilities hereafter conveyed to such Association by Declarant by writ-
ten, .recordable instrument, and such right and easement shall be appur-
5 tenant to and shall pass with the title to each Lot in each respective
Section of The Subdivision. Title shall be and remain in the respec-
tive Association. F I
;
Section 2. Extent of Members' Easements. The rights and ease
ments of enjoyment created hereby shall be subject to the followingf +'
i
ilF
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` ' (a) The right of each respective Association owning such 1.
4,
Properties, in its discretion, to charge reasonable admission ,
and other fees for the use of the recreational Common Facili- , - ‘
ties, and to make, publish and enforce reasonable rules and
T5, regulations governing the use and enjoyment of the Common Prop- r
erties and and Facilities or any part thereof, all of which reason-
. able , rules and regulations shall be binding upon, complied i
`..with, and observed by each Member. These rules and regulations .
may include provisions to govern and control the use of such
Common Properties and Facilities by guests or invitees of the
Members, including, without limitation, the number of guests or
invitees who may use such Common Properties and Facilitie or #.,
z any part thereof at the same time; and i
(b) The right of each respective Association owning/ / such .•
y Property to grant or dedicate easements in, on, under or above
such Common Properties or any part thereof to any public or
1 governmental agency or authority or to any utility company for t
' any service to The Subdivision or any part thereof; and ,
. (c) The right of each respective Association owning such
Property to enter management and /or operating contracts or
agreements relative to the maintenance and operation of such
Common Properties and Facilities in such instances and on such )'
terms as its Board of Directors may deem appropriate; the right '
;:" of such Association to operate recreational facilities; and
.a related concessions located on such Common Properties; the
right of such Association to enter lease agreements or conces-
sion.agreements granting leasehold concession, or other operat-
ing right relative to Common Facilities in such instances and
on such terms as its Board of Directors may deem appropriate; •
and
,'" (d) The right of each respective Association to suspend
the voting rights of a Member or his right to use any Common ,
7 Property and /or Facility during the period he is in default in • , r .
excess of thirty (30) days in the payment of any maintenance ' :
charge assessment against his Lot; and to suspend such use
rights for a period not to exceed sixty (60) days for any in- i• ..„ .
'1 fractions of its published rules and regulations; the aforesaid
rights of the Association shall not be exclusive, but shall be 1
cumulative of and in addition to all other rights and remedies r
•; which the Association may have in this Declaration and Supple-
. . . mental Declarations or in its Bylaws or at law or in equity on z �
,., account of any such default or infraction; and
(e) The rights and easements existing, herein created or
'` hereafter created in favor of others, as provided for in ,
Article II of this Declaration and the Supplemental Declara-
0 tions; and `
(f) Any restrictions or limitations as to use of any Com- .
mon Properties and /or Facilities provided. ii
I • '
Section 3. Delegation of Use. Any Member may delegate his �<
right of use and enjoyment of any respective Common Properties and
Facilities in the respective Section of The Subdivision in which his/ s
her Lot is located, together with all easement rights granted to Mem- '
bers in this Declaration and all Supplemental Declarations, to the mem -
*hers of his family, his tenants or contract purchasers'who reside on ' a'
his Lot. The term "Member" is further defined to include and refer to , ,
the executors, personal representatives and administrators of any Mem-
her, and all other persons, firms or corporations acquiring or succeed- ,
:.ing to the title of the Member by sale, grant, will, foreclosure, exe- 1
cution, or by any legal process, or by operation of law, or in any
other legal manner.
1 ,
,'
111 ..
I 4.
. ,
1 . . . . . , .. .
ARTICLE VI '
Annual Assessments '
Section 1. The Maintenance Fund.
(a) Stonebrige and Shadowcrest Associations: All funds •
collected by each respective Association, and any other Associ-
ation hereafter brought into this Declaration, from the regular t:
IL and /or special maintenance charges and /or assessments provided
for in this Article, together with all funds collected by each
respective Association from the regular and special maintenance
1 charges and assessments imposed on the Lots within each Section
of The Subdivision by all Supplemental Declarations, shall con -
;, •stitute and be known as the "Maintenance Fund" for each Associ-
ation; each Association having and maintaining a separate Main-
tenance Fund. The Maintenance Fund shall be held, used and
i expended by each Association for the common benefit of only all '
I of its respective Members for the following purposes, to -wit:
to promote the health, safety, recreation and welfare of the
E respective Members, including, without limitation, the instal-
lation, construction, erection and relocation of improvements 0•
related to the enhancement and beautification of any Common .
Properties and Facilities within its respective Section bound
aries, and any other areas provided by this Declaration or any
j' Supplemental Declaration to be developed or maintained by such
1 Association, such as shrubbery, trees, walkways and street
lights, and the construction, repair, maintenance and replace-
ment of properties, services, improvements and facilities de , I
voted to such purposes and related to the use and enjoyment of
Lots and Properties within each such respective Section of The I
Subdivision by its Members.
In the event Declarant shall designate Common Facilities I
for the use and benefit of all or only specific Owners and/or .
Sections in the Subdivision which are situated on property .
owned by Declarant (or affiliated or subsidiary entities), but
'which then has not been brought within the scheme of this • Declaration under the authority provided in Article III hereof,
'each respective Association shall have the right and authority
to allocate and expend such amounts from its Maintenance Fund
for construction, repair, maintenance, upkeep, beautification,
improvement or replacement of such Common Facilities as its'
Board of Directors shall determine, in its sole discretion.
Further, if all or any such Common Facilities situated on prop-
j erty then not subject to the scheme of this Declaration also ,
are for the use and benefit of persons or entities other than
the Owners or 'certain Owners in The Subdivision, each Associa
• tion shall have the right and authority to enter into agree-
ments with other persons or entities enjoying the use and bene
• fit of such Common Facilities (or their designee), in such
•
instances and on such terms as its Board of Directors may deem
appropriate and acceptable, obligating such Association to con-
' tribute, from the Maintenance Fund, a ratable portion of the
amounts necessary from time to time to provide for the con- ;
struction, repair, maintenance, upkeep, beautification im-
provement or replacement of such Common Facilities and provid-
ing for other agreements relative to the use and enjoyment of
such Common Facilities (including limitations on the extent of
the use and enjoyment thereof) by the various persons and enti- . :,. I
ties entitled thereto.
Each respective Association may, in its sole discretion,
give one or more of the purposes set forth in this Article VI, •t•
z,• .
Section 1 preference over other purposes, and it is agreed t i
all expenses incurred and expenditures and decisions made by i
110 such Association in good faith shall be binding and conclusive 1
on all of its respective Members. .• R.
!' (b) Master Association:
A regular assessment Maintenance p ':•
Fund for each Member Association shall be established by the Y
Board of Directors to effectuate the purposes of the Master ,l .
ii Asociation stated in Article IV, Section 2 above. The Direc-
j tors shall hereafter determine an amount for such assessments
-10 � 5 4 5 � ` ~ F
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wh shall be charged to one or more respective Associations
on ; ,a periodic and /or installment basis, but in no'event. shall
such assessments be greater than the respective assessments•
..; provided in Section 2 and 5 below. These periodic assessments
shall be paid to the Master Association within the (10) days of
.a;... • the designated due dates. Should special additional assess- •
ments be required to make necessary repairs and maintenance, •
c, and pay costs attributable thereto, as provided in Article IV, • . '•
Section 2, for which costs there is not a sufficient amount of
cash existing in the Maintenance Fund(s) of the respective Mem-
I, ber Association(s) responsible for such expenditures, then the
Master Association shall immediately invoice such respective # ''
Member Association(s) for such costs and same shall be paid in I ';,;
s '' full within forty -five (45) days from the date of invoica, sub-
ject to the required assent from concerned Members being ob-
, r . tained as provided in Article VI, Sections 6(a), 6(b) and 6(c) -
(iii) below. All assessments charged hereunder to all 'Member i
Associations shall be passed on and included in each respective
Member Association's monthly and /or special assessments to its •
Member Owners, and all lien rights provided below shall be ,
applicable hereto for the benefit of the Master Association. 1
Section 2. Covenant for Assessments.
$ (a) Stonebridge Association: Subject to the provisions
set forth below in Section 3 and 4 of this Article relating to
x'. the rate at which the maintenance charges and assessments im
, posed herein shall be paid on unimproved Lots, each and every
, Lot is hereby severally subjected to and impressed with a regu-
lar monthly maintenance charge or assessment in the amount of
Forty -Five and No /100 Dollars ($45.00) per month per Lot (here -
in sometimes referred to as the "full maintenance charge ")
which shall run with the land, subject to increase and /or de- ''
crease and payable as provided in Section 1(a) and Section 5 .'"' , 1
below. Provided, however, that said assessment may be in- •
creased, notwithstanding the terms of Section 5 below, from r
• time to time on the basis of a ten percent (10%) increase, as
p.
compounded, over the previous year's assessment amount. If the '...:.
maintenance charge and assessment is not increased to the maxi- ' ' s
mum allowed hereunder for any year, then in any subsequent year , ,.
•
the maintenance charge and assessment may be increased to the
maximum allowable for such subsequent year as if the mainte- '" i
nance charge and assessment had been increased to the maximum
. allowable for each and every year. •
(b) Shadowcrest Association: Subject to the provisions
set forth below in Sections 3 and 4 relating to the rate at '
,. which the maintenance charge and assessment imposed herein
b...'` shall be paid on unimproved Lots, each and every Lot is hereby
•rY.: severally subjected to and impressed with a regular monthly
maintenance charge or assessment in the amount of Twenty -Five
' and No /100 Dollars ($25.00)per month per Lot (herein sometimes
referred to as the "full maintenance charge ") which shall run =
` with the land, and payable as provided in Section 5 below.
i'i Provided, however, that said assessment may be increased, not
, withstanding the terms of Section 5, from time to time on the
, basis of a ten percent (10%) increase, as compounded, over the
'', previous year's assessment amount. If the maintenance charge `
and assessment is not increased to the maximum allowed here-
under for any year, then in any subsequent year the maintenance
charge and assessment may be increased to the maximum allowable
for such subsequent year as if the maintenance charge and •
assessment had been increased to the maximum allowable for each
' and every year. ' .
f
: , (c) Notwithstanding previous references to monthly assess-
' ; ments, all regular assessments shall be billed and payable •
• annually. Assessments shall be billed for payment on January 1
fa of each year and shall be considered delinquent on January 30. •'
(d) Each Owner of a Lot, by his claim or assertion of own -
' ership or by accepting a deed to any such Lot, whether or not „
"'' it `shall be so expressed in such deed, is hereby conclusively .
„3 deemed to covenant and agree, as a covenant running with the •
,fi l -11- �y�� �_ 278 t
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III
•
land, to pay to the respective Association of wh he /she is a •
Member, its successors or assigns, each and all of the charges
and assessments against his Lot and/or ssed
sha becoh
vi of his ownership, thereof,
and payable, without demand. The charges and assessments here - • •.
in provided for shall be charge
improvements cthereonng asehereinn
a
each Lot, together with i
after more particularly stated. Each assessment, together with
interest, costs and reasonable
n of the person
who was the Owner a of the '
' the personal obligate obligation to pay such assessment accrued,
Lot at the time the oblig a ent cr any
but no Member
ma e. liable ownership •
•
•
assessment made.o paying any
ceases. No Member shall be exempt or excused from P Y g -
such charge or assessment by waiver of any future use or enjoy -
. ment of any Common Properties or Facilities, or any part there- 1
of, or by abandonment of his Lot or his interest therein.
1 • Section 3. Unimproved Lots Owned b Declarant e t Bn
i D and •u ders s al pay a ty percent (50%) o them
ing full maintenance charg tial d structure has been built by
thereon and is •
occ oncupi e d ud nntil a , in whole o esiden r part, whether by tenants or homeowners. There- :" +
upid o
after, commencing on the first day of the next succeeding calend '
L month, the full maintenance charge then assessed shall become
respectively
l bee. It shall be the duty of each builder to notify
concerned Association at the time a residence s a of beensperDrm be
es itt ed ion i to b
occupied. The term "builder" for the purposes � 1
defined as any person, firm, corporation orr other
ereeentity who
a is en
he business of building residen
i
in t Unimproved Lots Owned by e or occupancy.
Section 4.
n
al
us
personal
purposes, and not for
his or its P Owners Other Than Declar _ ,
i
ant and Bue .ers. Owners o t e unemprove•
Lots of er t an Dec arant
and builders shall pay one hundred percent (100 %) of the then existing k,
full maintenance charge assessment for each Lot owned by them•
enance Charge. The assessments provided
Section 5. The Maint by
for herein s al Comm Assoc anon a to be "date aof fcommencementfor �
such the Board i.
1 ' of Section
of each � Lots. The first assessment shall be made for lthe e date of calendar year in which it is made and shall be payable on
the commencement above defined. The assessments for each calendar year
after the first year shall be due and payable to the respective Associ-
anon in advance on or before January u of each year.
Provided, however, that, upon P urchase of percentage pay evidenced by
the date of his Deed), each Member shall be obligated to a (as
respective Association a pro rata part of the applicable p g
determined pursuant to the terms hereof) of the regular maintenance ,
Charge assessed on such Lot.
The Board of Directors of each and every Association may
crease or increase the amount of the regular monthly maintenance charge .
i
or assessment provided for herein at any time and from time to time by , }
. 'i the adoption of a resolution for such purpose, but no resolution,rin- 1
creasing the maintenance charge assessment shall become effective prior ;.
for i. ,I
to the expiration of ninety (90) days from date of its adoption; p
vided, however, that no resolution of regular maiDten nce s charge a or the Board of
Association which fixes the amount
assessment in excess of the charges permitted by Section 2 above shall l','
become effective unless and until such resolution is ratified by sixty- i
of each class of1Mem-
of the votes o
six and two- thirds percent (66-2/3%) by bers of the Association, all who are present and voting in person or b
proxy at a special meeting of the membership of each respective Asso i- _
writ called for this pose
of the Members mus t given p prior t to the ,,
lip . . . written or assent or the v ! •
effective date of the resolution of the respective Board of Directors.. ,.�
k - No increase in the monthly maintenance charge or assessment shall take `.
..; effect retroactively. ;
t 1; ,
'� If any resolution of any respective Board of Directors , which w °;
required ratification by the assent of its Members as above provided • . F
shall fail to receive such assent, then the amount of the regular
;
monthly maintenance c or assessment last in effect shall continue "'
t
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in effect until duly changed in accordance with the above provisions. P .
Each respective Board of Directors may decrease the amount of the
•. monthly' maintenance charge or assessment without ratification by or
.assent of its respective Members.
f'
°1, Section 6. Special Assessments. t
1
(a) Stonebridge Association: In addition to the regular
maintenance charges and assessments above mentioned, the Board
'W.. of Directors of this Association may levy against all Lots and
„, Owners within its jurisdiction, a special charge and assessment
,v f i
;
r' deemed necessary by it to effectuate the purposes of crea-
4(;. tion • and organization as stated herein and its Articles of
x, ", Incorporation, provided that such special assessment must have
• �' the prior assent of at least two thirds (2 /3rds) of the: votes {
,, '',C J : , of each class of Member who are voting in person or by proxy at e
t•. a special duly called meeting for such purposes. ,!
(b) Shadowcrest Association: In addition to the regular
• ,a maintenance charges and assessments above mentioned, the Board y
,!� of Directors of this Association may levy against all Lots and }
. Owners within its jurisdiction, a special charge and assessment .
deemed necessary by it to effectuate the purposes of its crea-
,,
y tion and organization as stated herein and its Articles of S
:fir' Incorporation, provided that such special assessment must have
±, the prior assent of at least two- thirds (2 /3rds) of the votes
F, of each class of Members who are voting in person or by proxy.' ..4)
A. at a special meeting duly called for such purpose. ' •
I „
(c) Master Association: Should monies, additional to
y ,. those provided above, be required to enable the Master Associa-
• .i;.1 , tion to effectuate its purposes, the Board of Directors shall
41 notify the respective concerned Member Associations which have
'I liability for paying such special additional assessment, pursu -
ant to. Section 1(b) above; provided, however, that such .special ,
assessment must also have the prior assent of certain'
Association's Members (Lot Owners) at a special called meeting 4 .
as follows: ,
(i) Stonebridge Association: Sixty -six and. two- .. `.
thirds percent (66 -2/3%) of the votes of each class of mem- .1 }$
bers who are voting at such special meeting, in person or •
by proxy; or '
(ii) Shadowcrest Association: At least sixty -six
;s.; :and two- thirds percent (66 -2/3%) of the votes of each class )
., of Members voting at such special meeting, in person or by
proxy.
(iii) Subsequent Associations: At least sixty -six
s;' and two - thirds
percent (66-2/3%) of the votes of each class •
2. of Members voting at such special meeting, in person or by
proxy. .
° Section 7. Duties of the Board of Directors. The Board of
kDirectors of each Association shall fix the date of commencement and - '
-: 'the amount of the assessment against each Lot or Owner for each assess- I s'.,
t ' . ment period at least ninety (90) days in advance of such date or period
and shall, at that time, prepare a roster of the properties and assess-
ments applicable thereto which shall be kept in the respective offices
' the Association and shall be open to inspection by any Owner Member
of such respective Association. Written notice of the assessment shall
, ': : thereupon by sent to every Owner subject thereto. Each respective
`;'Association shall, upon demand at any times, furnish to any Owner Mem-
::ber liable for said assessment a certificate in writing signed by an
-officer of said Association, setting forth whether said assessment has
`been paid. Such certificate shall be conclusive evidence of payment of .
any assessment therein stated to have been paid. .
1 Section 8. Liens to Secure Charges and Assessments. All regu-
lar and special maintenance charges or assessments, as hereinabove pro ,
"vided for, shall constitute and be secured by a separate and valid and '
,- subsisting Mien,. hereby created and fixed,: and which shall exist upon '`
• h . ` .. -13 v , 4 ti �. .. 28a '
,
. -410r- ,
•
I � for the benefit of ; . y
tv
t and a on, Me o
and against ape eech, all improvements there
so which such Lot's Owner is deemed a `
the respective Association of
bar, and all Members
Subject to the conditions that licn
Court proceeding to enforce any
thereof.
to • any
herociation be deemed e superior, the lien hereby created shall be ;.
subordinate and inferiorto:
i for taxes or special assessme is le e suby ��
(a) all liens governments, or any political the City, County and State g
' division or special district thereof= and due under _F °
all liens securing amounts due or to become
(b) lien, or deed of trust filed for record, t.
s i: prior tgage, vendor's such charges or assessments
• prior to the date payment of any
•
become due and payable; and
• but not limited to, vendor's y
(�) all liens, including instruments which
trust and other security instruments
for any part of
liens, deeds of an
secure purchase an made by lender to any t when the same is purchased from a
the purchase price of any art of the cost of con-'
an Owners or for any P the residence
builder, or by adding to, or remodeling
struction, repairing utilized for resi-
Lot to be
and appurtenances situated on any .
dential purposes.
superior lien under the power of sale of
Any foreclosure of any
such sup instrument, or through
any t pr g � h the respective concerned Association ion has •
Y ta e deed of trust or other security h the
boert proceedings in prior arty, shall cut off and extinguish P •.
m a i n made a P f o r
es or assessments which became due and payable t•.
maintenance charges but no such foreclosures shall due and payst
to such foreclosure date,
asses obligated to pay ,
from the liens the assessments thereafter
euriag of any Member personally rior to such fore -
ble, nor charges or assessments which become a shall th liability it.
maintenance due p
closure be extinguished by any foreclosure. �,
If any regu- z
Effect of Non- Payment of Assessment. in thirty (30) days
' spec 9• r assessment is not p
f r o or spec a c urge • and
, date thereof, the same shall bear interest
annum the d ad `.
date u due eighteen percent (18 %) P
date until paid at ands of can of for collection or if collected
if placed in the h judicial proceedings, there shall be p
' probate or other
through p additional as attorn- .n.
concerned Association an amountrowingable amount,
but respectively
less than c percent (15 %) of the erase
of ed Association, as a common expense
but not less than fifteen p
fees. The respectively to enforce cio n at law or ' collection .; •.
f may institute and maintain an action ,•
in e ll Members thereof, an defaulting Member thereof All such; actions t`1
a n /orifo against any against his Lot•
may for foreclosure of the liens ag„,
ed and brought in the name tion in a like manner as 1 : ;
may ae instituted such Associa
'red and prosecuted by or deed of trust on real !r,;
• action ion to foreclose the lien of a mortgage intai
actio s t.
property. by his
Each Member,
Section 10. Collection and Enforcement. acceptance , a dh
owners p or shall b d.'!
assertion
Lot, o tit r .
h t a or c aim o eed, shall
eon -U
a Lot, whether or not it shall be s Ve deanitheuresp ed,
to deemed to have expressly respectively
of owning.,-
conclusively the right, power and au o wn in g...
car
had Lot,: andaiion in which he and agents, t a Member right, o dr for the
such Lotk a in its officers a sure of
• ty to take all action which suor forsothea enforcement and proper
- r
collection of assessments and/
the liens securing the same.
i
�� ARTICLE VII
{ Archi tectur Control Comm ,
' structure, fence;,
roval of Plans. No building, cons, fence;,
Section 1. A proval commenced, erected,
wall or of er mprovements s a erties,
not shall any exterior addi -•
aned upon the Prop
• • placed or maintained or alteration therein be
ave made
been until the
submitted to i and
• � '': , t l plans to or change
and specifications therefor shall �,.
approved
in writing as to compliance with minimum structural and •
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V,04 7 .t('fi :W Y . , .�;«. - TRH 1 1 .
_ _ .. ;: •
I F } • . . , - 4 } 1 4 f � 'ix,. . A �'.
`mechanical standards, location and situation on the Lot, and as to. i
' harmony of external design or location in relation to property lines, ,
',,,building lines, easements, grades, surrounding structures, walks and. ,
r, #topography (including the orientation of the front and rear of any•such , `
building with respect to the Lot lines) by the respective Architectural
-vrontrol Committee of each homeowners association of the Subdivision
j constituted as provided herein. The submitted plans and specifications ' ''
;shall specify, in such form as such respective Architectural•Control •
.'Committee 'may reasonably require, structural, mechanical, electrical
,,and plumbing detail and the nature, kind, shape, height, exterior color '
scheme, materials to be incorporated into, and location of the proposed
',Improvements or alterations thereto. In the event said Architectural
p '
im
Control Committee fails to approve or disapprove such plans and speci- ;i'
: ` fications within thirty (30) days after said plans and specifications
`have been submitted to it, approval will not be required and provi- '
• 'sions of this Section will be deemed'to have been fully complied with;
. :provided, however, that the failure of the Architectural Control Com - 1
'tmittee•to approve or disapprove such plans and specifications within . ! . a '.
3such thirty (30) day period shall not operate to permit any structure s
'.to be commenced, erected, placed,• constructed or maintained on any I4ot '
. •,;in the Properties in a manner inconsistent with any provision of this
4Declar4tion. Without limitation of the powers herein granted, each , !
,homeowners association's Architectural Control Committee shall have the 1
';Fright to specify requirements for each Lot as follows: minimum set-
•. ,:''backs;: the location, height and extent of fences, walls or other
screening devices; and the orientation of structures with respect to -
; access and major entry and frontage. The Architectural Control
Committees also shall have full power and authority to reject any plans
and specifications that do not comply with the restrictions. herein
-imposed or meet its minimum construction requirements or architectural .
' desi n requirements or that might not be compatible, in•the sole and i
� �,� 9 q 9 P �
arbitrary discretion of such Architectural Control Committee, with the •
•;design or overall character and aesthetics of the Properties.
Section 2. Membership. The Master Association will not have ,
4 an Architectural Control Committee and such committees for each of ,the !{
.1 other associations shall be appointed by Declarant. .
Section 3. Committee Makeup. An Architectural Control Commit -
• tee, may, by a majority vote, designate a representative or representa-
. '., : tives to act for them and the term "Architectural Control Committee" as .
' herein shall refer to the individuals named above, their assignee
as permitted herein, or the Committee's designated representative(s).
,.In the event of death or resignation of any member or members of the
Architectural Control Committee, the remaining member or members of the
1`. Architectural Control Committee shall appoint a successor member or
::members, and until such successor member or members shall have been so
'''appointed, the remaining member or members shall have full right,
*.':t
,;Control and power to carry out the functions of the Architectural
,:,Control Committee as provided herein, or to designate a representative
with like right, authority and power.
` Section 5. Term of Architectural Control Committee. • Each
'respective member thereof shall serve for a term of ten (07 from .'f ,
• the date hereof. Thereafter, all powers of each such Committee shall '1
r in respective Boards of Directors for each Association (excluding
''the Master Association), and such Directors may elect to appoint
' Committee or resume their powers and responsibilities them-
selves. 0 '
Section 6. Transfer of Authority to the Association. The
•
. duties„ rights, powers and authority of each Architectural Control Com -
•mittee. consitituted hereby may be assigned at any time, at the sole
. election of a majority of the members of such Committee, to the Board
of Directors of the Association associated with such homeowners associ- '
, ztion of the Subdivision as to which such Committee acts (exclusive of
. '` the Master Association), and from and after the date of such assign-
,'.ment, and the acceptance thereof by such Directors, such Board of •
} • Directors of the Association shall have full right, authority and
It
. and shall be: obligated, t� perform the functions of such Archi- '
4 tectural Control Committee as provided herein, including the right to
:designate a representative or representatives to act for•it. i,
11 • '
�. 282 ,
_ � I
i ill ,,.
,..
. • •,
•
•... .
7
Section 7. Minimum Construction Standards. Each homeowners
:associat on s c ec ura ontro omm ee may from time to time
promulgate an outline of minimum acceptable construction standards and
specifications (including, without limitation, a limited number of
acceptable exterior materials and /or finishes), which shall constitute
:guidelines only and shall not be binding upon such Architectural Con - ..
trol Committee or in any manner determinative of the approval or Adis- . "''''
approval by such Committee of submitted plans and specifications.
I/0 ARTICLE VIII -
General Provisions
•
Section 1. Duration. The covenants and restrictions of :this
Declaration shall run with and bind the land, and shall inure td the
. benefit of and be enforceable by all Associations or the Owner of any v;
land subject to this Declaration or any Supplemental Declaration, their -` 1 '
respective legal representatives, heirs, successors and assigns, for an
initial term commencing on the effective date hereof and ending Septem-
ber 1, 2012. During such initial term, the covenants and restrictions
• of this Declaration may be changed or terminated only by an instrument
sinned by the then Owners of all Lots in the Subdivision and properly
recorded in the appropriate records of Brazos County, Texas. Upon the
expiration of such initial term, unless terminated as below provided,
said covenants and restrictions (as changed, if changed), and the
enforcement rights relative thereto, shall be automatically extended
for successive periods of ten (10) years. During the last calendar
year of the initial term above stated and during any such ten (10) year
extension periods, the covenants and restrictions of this Declaration
may be changed or terminated only by an instrument signed by the then
Owners of not less than fifty -one percent (51 %) of all the Lots in The •
Subdivision and properly recorded in the appropriate records of Brazos
County, Texas, provided no change or termination shall shorten or alter
•
the effectiveness of these covenants and restrictions until the natural'
expiration of the then respective term in effect.
Section 2. Books and Records. The books and records of the
:Master , business rs, be ect
y '
+
to reasonable Association it by any during member reasonable . The Board of hou Directors ms , b
I resolution, establish rules and regulations governing the frequency of
e.
inspection and other matters to the end that inspection of the books
and records by any Member or Members will not become burdensome to nor th
constitute harassment of the Master Association. The Declaration of
Covenants and Restrictions, the Articles of Incorporation and the `
1 Bylaws of the Master Association shall be available for inspection .b
y ;
1 any Member at the principal office of the Master Association, where
1 ' may be purchased at reasonable costs. F :
!
1 .
Section 3. Enforcement. Any and all Associations, but par - ,5
1 ticularly the Master Association, as a common expense to be paid out of
the Maintenance Fund, or any Owner at his own expense, shall have the .'
right to enforce, by proceedings at law or in equity, all restrictions, "` '
covenants, conditions, reservations, liens, charges, assessments and . l ' ` , :
all other provisions set out in this Declaration. Failure of the Asso- >
ciations or of any Owner to take any action upon any breach or default
of or in respect to any of the foregoing shall not be deemed a waiver '
of their right to take enforcement action upon any subsequent breach or ,•
i # ;h
I default. 4
•
l Secti 4. Amendments by Declarant. The Declarant (but o nly ..:;..
1 so long as the "Class B" Membership exists pursuant to Article IV, Sec '
T. tion 5 above) and /or each Association shall have and reserve the right ',
at any time and from time to time, without the joinder or consent of
any other party to amend this Declaration by any instrument in writing r
duly signed, acknowledged and filed for record for the -
rection any t purpose of cor .
y ypographical or grammatical error, ambiguity or inconsis- ,'
j tency appearing herein, provided that any such amendment shall be con- .t ,
1 , sistent and in furtherance of the general plan and scheme of develop- 4 ','
` ment as evidenced by this Declaration and shall not impair or affect
the vested property or other rights of any owner or his mortgagee; • y'. •
Pro- ';
vided, that the Associations shall not be entitled to effectuate any
• such amendment as to any of the Properties" other than that portion c'. • which lies within the .boundaries of such respective Association's
.f'
-16- 5 4 5 .- �- ��; {
•
. i F �.. 1
. 44'x.
I ,
. .1 ._..
•
' .5'.' , '. THE StrATE OF TEXAS S
§ . •
COUNTY OF BRAZOS S •
BEFORE ME, the undersigned authority, on this day personal-
ly appeared E. W. SCHULTZ, TRUSTEE, dba Wood Creek Joint Venture,
known to me to be the person whose name is subscribed to the fore -
going, instrument and acknowledged to me that•he executed the same I
for the purposes and consideration therein expressed.
!i'• GIVEN UNDER. MY HAND AND SEAL ,OF QFFICE on this the 344 / day
k
of .L�,,,t,11Ju1 , 1982. 1 �
•
N t r P lis in and (2e4421--/
r the St a i n f n'exas * %:' i
Y
h My commission expires Alt-,.S ' ' ■
/ 6? f" : ',..•* ."...' 0 ifl., . , ,
r1 t Name of Notary f i y
STATE OF TEXAS §
,F § •
• COUNTY OF BRAZOS §
. • • BEFORE ME, the undersigned, a Notary Public in and for said
. -' County and State, on this day personally appeared LAWRENCE O'LEARY,
• °�`` Vice- President, known to me to be the person and officer whose name
is subscribed to the foregoing instrument and acknowledged to me
; _ that the was the act of the said F IRST BANK & TRUST, BRYAN,
TEXAS, a corporation, and that he executed the same as the act of
such corporation for the purposes and consideration' therein
.R expressed, and in the capacity therein stated. y
/
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the `p/ day of •:,
^V, (.7 /ZUp i -rn.�tl t- , 1982. •
;a
: No ary u 1 c in £ 0t e ' Qf g el •.•
• � ,5 _' it 1r •.! • t.' • ., . 3 • '
: "T
My commission expi es: , '• ' ;'.
. . - ;,, I , 'i ',:!,,: ' . rill arse-t" iz r-k e. ArYti .. ,
Printed ame of Notary ; / , a4 •• ....... • �S, : •, Y' •
A _ t / / IIi1/.N.H 1 ,l ce ,
•
r i
is t
t ,
x:.54 5;, 284
a•
.. - r ah 1 _•'.'. �.�• °''7�.7 - -- . ._ r 'n .. ,. �1' 1 ,; 1
S
i
•
.
jurisdiction. Provided, further, that the Master Association may
affect the entire Properties pursuant to its rights herein provided.
Section 5. Interpretation. If this Declaration or any word,
clause, sentence, paragraph or other part thereof shall be susceptible
of more than one or conflicting interpretations, then the interpreta-
tion which is most nearly in accordance with the general purposes and • -
objectives•of this Declaration shall govern.
II Section 6. Omissions. If any punctuation, word, clause, sen-
tence or .provision necessary to give meaning, validity or effect to any
other word,clause,'sentence or provision appearing in this Declaration'
shall be omitted he.refrom, then it is hereby declared that such orris-
;,. lion was unintentional and that the omitted punctuation, word, clause,
sentence or provision shall be supplied by inference. ...
Section 7. Notices. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration, shall be
deemed to have been property sent when mailed, postpaid, to the last
• known address of the person who appears as Member or Owner on the
records of the respectively concerned Association at the time of such' '.-
,' mailing..
Section 8. Gender and Grammar. The singular, wherever used .,,'
• herein, shall be construed to mean the plural, when applicable, and the
• • necessary grammatical changes required to make the provisions hereof I
apply either to corporations or individuals, males or females, shall in
all cases be assumed as though in each case fully expressed. • 41
•
Section 9. Severability. Invalidation of any one or more of
the covenants, restrictions, conditions or provisions contained in this
Declaration, or any part thereof, shall in no manner affect any of the
other covenants, restrictions, conditions or provisions hereof, which � ;,
shall remain in full force and effect. u `'
Section 10. Conflicts. Any terms and conditions of this
10 s
Master Association Declaration that are in conflict with the Declara -.:
tions of Stonebridge, Shadowcrest, or any Subsequent Association, shall
supersede the conflicting terms and. conditions of said Associations. . ?,,J.,
Any interpretations required shall be made the Directors of WoodCreek .
Community Association, Inc.'
s+
ARTICLE IX l
Ratification by Lienholder .....:, h
, . .
. . First Bank & Trust, a Texas corporation, the owner and holder '
. . , .., of a lien covering all or part of the Properties, has executed this .. 1
Declaration to evidence its joinder in, consent to and ratification of .'• • 1
the imposition of the foregoing covenants, conditions and restrictions. :, •
IN WITNESS WHEREOF, the undersigned, being the Declarants here- '`? ,
in and the Lienholder, has executed this Declaration, acting by. and '
;4''
• through their duly authorized and empowered officers, to be effective,
' this the 3 rC4 day of dry ,..,,, Gw , 1982. I!
' FIRST BANK &'TRUST, WOOD CREEK JOINT VENTURE `.
.(LIENHOLDER) (DECLARANT) ••s.: '
4(1 J .. teelef2e.e. . : ''''''
�1" •,E 0E °! LEARY Ste / Q . W. SCHULTZ , r s j •
y , `cam ' .1 (e L .' •
' ' . S, ,. 285
L
-17-
- �i. •
• 4
•
1 \, t t. l, 1 ,a5 S ' r ' ? - C t e.l " ((, �� 7 rk:{4Y' o" 5
4.1-: i s 41 .‘ ,r f � r 1 ( fr 4„:,.,„,..,,. f' ! ''','W' ( q J , ? t
b l / 0 1 r 51) /'
1� ,l ., il ;( �`f rr 6 ! 1 ' : . f : f r h5? , y4 rt . t j1A �j_. t• •
�i. 1 ! I (: t a l.� . i +! < t , t r , 5 {(!\ ;j
:,:,..7;,4;.1,Z (
( , ( i ' ( 1 , (t � .; v r' ( { g �! (' d �. l � r o r j ( f E � !2
�d.:: �.. 1 .. :LF .;_. ......� .n,. .._ . ..,..... . r r. ... ... ._ ... _ .f l..�4 .. .. .,� ,.. .,.) • l..... ,_ � ; ..L . �•. r . �a. �uii° i;. u. a. . La hl:..L�.,.w '.'• '�
i
DECLARATION OF COVENANTS AND RESTRICTIONS
WOODCREEK SECTION III - ''"' -+ .�.r.+ -;
(A RESIDENTIAL SUBDIVISION) �' �f
GOVERNED BY k. a °L .I!
SHADOWCREST HOMEOWNERS ASSOCIATION, INC. f I v � 1
386055 - , ':� c' `' 1,,
THE STATE OF TEXAS } ` r S7
) N
COUNTY OF BRAZOS } ^ ` S
!j'
This Declaration made on the date hereinafter set forth by E. W.
Schultz, H. L. Cashion, R. W. Butler, the Estate of H. D. Butler, B. D. /'
C
>!
Moore, and W. Cecil Hobson, doing business as Cornerstone Investment Group
I;
(hereinafter collectively referred to as "Declarant ");
I
W I T N E S S E T I I : t
WHEREAS, Declarant is the owner of the real property described ;
ns Lots 1 - 14, Block 12, WoodCreek Section Three, an addition to the I
City of College Station, Texas, according to plat recorded in Volume
959 , Page 797 , of the Official Records of Brazos County, Texas, and p; f
desires to create thereon a residential community with designated "lots ", t,
1;.
and "common properties ", and "common facilities (now or hereafter exist- S'`
ing), as those terms are defined herein, for the benefit of the present
and future owners of said lots; and
WHEREAS, Declarant desires to provide for the preservation of , j
the values and amenities in said community and for the maintenance of
{
common properties and common facilities, if any, and, to this end, desires
to subject the real property described above, to the respective covenants,
restrictions, easements, charges and liens hereinafter set forth, each and
all of which is and are for the respective benefit of said properties and
1 •
each respective owner thereof; and
f
1 WHEREAS, Declarant has deemed it desirable, for the efficient
%
. preservation of the values and amenities in said community, to create an
'1 agency and /or agencies to which will be delegated and assigned certain
: respective powers of maintaining and administering the properties and any
,1 common properties and facilities and administering and enforcing the
e ,
covenants and restrictions and collecting and disbursing the assessments
i and charges hereinafter created; and {
5..
" i 1 IA 969n'u793
. I
f
' A1. r l b.: r l h .,. & ! t ..d' X- .. .. q }•!.._. .I.l c •.'v, r S'1µ}Ml.'llf:i,NO.Ft (tit'1. `1
y,, s =s z�Yiss.: .... i.a aww = iNast Ytvauw`un`.+.11.Wal ml.“11.911011O2116 rflsWa/
; r . .
WHEREAS, Declarant has caused a certain non - profit corporation ?
to be incorporated under the laws of the State of Texas, for the purpose
of exercising the functions aforesaid;
NOW, THEREFORE, the Declarant declares that the real property
described above is and shall be held, transferred, sold, conveyed, 4
occupied, and enjoyed eubject to the covenants, restrictions, easements,
charges and liens (sometimes referred to herein collectively as "covenants
and restrictions") hereinafter eat forth.
t
ARTICLE 1 '
i i
Definitions
Section 1. "Association" shall mean and refer to Shadowcrest '
1
t
Homeowners Association, Inc., its successors and assigns. I
Section 2. "Master Association" shall mean and refer to ;t
i
WoodCreek Community Association, Inc., a Texas non - profit corporation, the
terms of the Declaration of Covenants and Restrictions of which, govern y
this Association in addition to the provisions of this Declaration. j
Section 3. "Owner" shall mean and refer to the record owner, or
if such lot is subject to a purchase contract with Declarant, to the
contract purchaser, whether one or more persons or entities, of the fee PF%
■
simple title to any lot situated upon the properties, but, notwithstanding
any applicable theory of mortgages, shall not mean or refer to any r ,.
mortgagee unless and until such mortgagee has acquired title to one or
more lots pursuant to foreclosure or any proceeding in lieu of foreclo-
sure. References herein to the "Owners" in "The Subdivision" shall meant-,
and refer to Owners as defined in this declaration and all supplemental �
try
declarations.
Section 4. "Properties" shall mean and refer to that certain
Po' I 1
real property hereinbefore described, and such additions thereto as may ' his;
hereafter be brought within the jurisdiction of the Association.
Section 5. "Common Area" shall mean n11 real property owned by
the Association for the common use and enjoyment of the Owners. The 14,
Common Area to be owned by the Association at the time of the conveyance
of the first lot is all the areas shown on the plat as recorded in Volume r•
959, Page 797 , of the Official Records of Brazos County, Texas. "Common sf'
e
2
'Ix 969x$2794
{ riA tt r •
• -0� lt 1f I re }�1 }J
•C1VUj rL r � - 1 frt , y s� t r�f i � , L..1 \�,.�"Sx.�i�"� i.:�.irfld.. i•� a�r{rl4wr"Ifl'X.0
> "41ri v�, f�xil.. �a^"' ��., r4. r ..�.1.t.4�... }.�'��.!:��1... �.... i..� .
Vi
Area" shall also mean those areas and facilities in the remainder of a
WoodCreok Subdivision, presently existing or subsequently provided, known ' `�I
as Common Properties and Common Facilities, that promote the recreation,
• health, safety and welfare of the residents in the Properties and The ;
Subdivision. ,./. . I
' 1
• Section G. "Lot" shall mean and refer to any plot of land shown i "'S"
upon any recorded subdivision plat of the Properties with the exception of "•
the Common Area. {'
i•
Section 7. "Declarant" shall mean and refer to the aforesaid
entities and any auceeasors and assigns to whom the rights of Declarant ',
hereunder are specifically assigned in writing.
Section 8. "The Subdivision" shall mean and refer to WoodCreek, S'
Section III, and all phases within sections of WoodCreek Subdivision,
brought within the scheme of this declaration by Declarant, and any other
real property (including specifically, but without limitation, all or
portions of other subdivisions being or to be developed by Declarant or ,
their affiliated or subsidiary entities or other third parties to whom the is
right is specifically assigned by Declarant in writing) brought within the
. '9
t. .
ii :
scheme of this Declaration by Declarant.
ARTICLE II
!' Property Rights
I; Section 1. Owner's Easements of Enjoyment. Every Owner shall
3 have n right and easement of enjoyment in and to the Common Area which
;
, shall be appurtenant to and shall pass with the title to every Lot, ,
F ' subject to the following provisions:
vl 1 A. the right of the Association to charge reasonable admission
and other fees for the use of any recreational facility situated upon the '
h Common Area;
4 B. the right of the Association to suspend the voting rights
' i
'j and right to use of the recreational facilities by an Owner for any period
r .
during which any assessment against his Lot remains unpnid; and for a '.
C „•.(
11 period not to exceed 60 days for any infraction of its published rules and
it regulations;
'` 3 col. 969 raz 795 ti
. f i t ;' lr ,., { 6 k?,:i. it`d � �I j:
...,06 � ,• -_:. .... � `. � i..'.••_ -.. i c - �:ce...t.. -L! .. u.., �..�...... .ms's �R�.
". .
0 ,.
. • . 1 , w
{:::'::.
.
:6
1 g . .
C. the right of the Association to dedicate or transfer all or .':j
any part of the Common Area to any public agency, authority, or utility ! .
2
I.,
for such purposes and subject to such conditions as may be agreed to by 'is',
i �
the members. No such dedication or transfer shall. be effective unless an
t
• instrument signed by two - thirds (2 /3rds) of each class of members agreeing v. :'
is to such dedication or transfer has been recorded.
C
Section 2. Delegation of Use. Any Owner may delegate, in f`.
•
accordance with the By -laws, his right of enjoyment to the Common Area and 'V
' facilities to the members of his family, his tenants, or contract 1
purchasers who reside on the property. t, "
1,1 :
ARTICLE III 4,0
!:. Membership and Voting Rights ''
i
y; Section 1. Every Owner of a Lot which is subject to assessment y (1
shall be a member of the Association. Membership shall be appurtenant to t'' '5
` and may not be separated from ownership of any Lot which is subject to k..'.
I � 1, .
assessment.
Section 2. The Association shall have two (2) classes of voting ;
— — .r4
11 membership.
;4 Claes A. Class A members shall be all the respective Members of l
' ti the Association, with the exception of the Declarant and its successors s:
and assignees to whom the right of Class B membership is expressly
assigned in writing. Class A members shall be entitled to one (1) vote '
for each Lot in The Subdivision in which they hold the interest required E`,
.
;v
It' for membership by this Declaration or any Supplemental Declaration. When pt
l it ;
more than one (1) person holde such interest or interest in any such Lot, $1:
•, all such persona shall be members and the vote for such Lot shall be t;
ex ercised as they among themselves determine but, in no event, shall more ' ;
�?, Y 8 r bt i t hll
' than one (1) vote be cast with respect to any such Lot. -
r
Class B. The Class B Member shall be the Declarant, and its tf:
successors and assignees to whom the right of Class B membership is ,t
expressly assigned in writing. The Cloes B Member shall be entitled to u l
three (3) votee for each Lot in The Subdivision in which it holds the
interest required for membership by this Declaration or any Supplemental
Declaration= provided that the Class B membership shall cease and become x7(
1
va: 96 r 796 a
,, v . � t «5F lf � � : > a ; 1 H. l i; ^ Y�� Ji9 i • t 1 " ' {I ) ,{ , ,.!k3 f f J': Sn, > V.. :.. p �
.t' t t i f v)gi: �..f ... ,..kr...... � atR.. ,
,.. 1.A..a:,t,,,A4 1,- epS .�: {' ra.uLils. ea.' u:u s
�, tl'
li.t. .
• converted to Class A membership on the happening of the following events, tr
whichever occurs earlier;
(a) when the total votes outetnnding in the Class A membership
equal the total votes outstanding in the Class B membership;
(b) on Juno 1, 1991.
From and after the happening of whichever of these events occurs earlier,
the Class B Member shall be deemed to be a Class A Member entitled to one
i
(1) vote for each Lot to The Subdivision in which it holds the interest
required for membership by this Declaration or any Supplemental
Declaration.
? j
ARTICLE IV
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of
•
Assessments. The Declarant, for each Lot owned within the Properties,
hereby covenants, and each Owner of any Lot by acceptance of a deed
{ therefor, whether or not it shall be so expressed in such deed, is deemed
t' to covenant and agree to pay to the Association and the Master ?• ,
t.
Association: (1) monthly assessments or charges (payable annually for
the improvements and maintenance of the Common Area, and, (2) special
assessments for capital improvements and unanticipated maintenance
requirements, such assessments to be established and collected as
hereinafter provided. The monthly and special assessments, together with
interest, costs, and reasonable attorney's fees, shall be a charge on the
1 land and shall be a continuing lien upon the property against which each
!: such assessment is made. Each such assessment, together with interest,
costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such property at the time
•
•
when the assessment fell due. The personal obligation for delinquent it
assessments shall not pass to his suceeseora in title unless expressly
assumed by them.
Section 2. Purpose of Assessments. The assessments levied by
the Association shall be used exclusively to
y promote the recreation,
health, safety, and welfare of the residents in the Properties and for the •
improvement and maintenance of the Common Area.
5 vo: 969r1 L797
•
•
ti. • . .
. i
In the event that the need for maintenance or repair is caused $1
through the willful or negligent action of a Owner, his family, or guests +'
or invitees, the cost of such maintenance or repairs shall be added to and k;
become a part of the assessment to which such Lot is subject.
Section 3. Maximum Monthly Assessment. Until January 1 of the
year immediately following the conveyance of the first Lot to an Owner, >.
%.! the maximum monthly assessment shall be (Thirty and NO /100 Dollars $30.00)
1 per Lot.
A. From and after January 1 of the year immediately following
'3 the conveyance of the first Lot to an Owner, the maximum monthly
I
assessment may be increased each year not more than 1OX above the maximum t
. ' assessments for the previous year without a vote of the membership. i&
{ B. From and after January 1 of the year immediately following
',', the conveyance of the first Lot to an Owner, the maximum monthly assess -
1 ! went may be increased above 10% by a vote of two - thirds (2 /3rds) of each
1 ; class of members who are voting in person or by proxy, at a meeting duly
5
t.) a'
% called for this purpose.
C. If the maintenance charge and assessment is not increased to
i the maximum allowed hereunder for any year, then in any subsequent year
'l.
•"
4 the maintenance charge and assessment may be increased to the maximum
allowable for such subsequent year as if the maintenance charge and
s! assessment had been increased to the maximum allowable for each and every
year.
D. The Board of Directors may fix the monthly assessment at an
amount not in excess of the maximum.
a
Section 4. Special Assessments for Capital Improvements and
;` Unanticipated Maintenance Requirements. In addition to the monthly
t
assessments authorized above, the Association may levy, in any assessment
year, a special aesesament applicable to that year only for the purpose of
1
Ii '; defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the
Common Area, including fixtures and personal property related thereto and
for the purpose of defraying unanticipated and unusual maintenance
I: expenses, provided that any such assessment shall have the assent of
two /thirds (2 /3rds) of the votes of each class of members who are voting
vo 969=798 6
( I YA r , r '•, ,,,, 4 -,;,,i . , .. f b ,. �, � I- S, j ., 1 ". .
y 5 i f � t f 'R ! d,j1 ;. ,r l� Ca t:7,t,`f;. a �'tK S.. (.ta..fi i'c'y .,r•4
.k,,,,;,{ , +C'' (!'�``r �i •' � I
y t Lt ��11 i�l l !`�.1 � �' Lt � J. ,745, tiY i�i j n'LSr: ,� ,Y �+� -,fkl t �. Y J,.d.rs�d� �r . v"r�.�.`a�w� —_
• O. �1
f y '.
•
1 f
in person or by proxy at a meeting duly called for this purpose. 1
Section 5. Notice and Quorum for Dm Action Authorized Under
. Sections 3 and 4. Written notice of any meeting called for the purpose of
taking any action authorized under Sections 3 or 4 shall be to all
•
i
members not leas than 30 days nor more than 45 days in advance of the
meeting. At the first such meeting called, the presence of members or of •
proxies entitled to cast sixty percent (60X) of all the votes of each
clean of membership shall constitute a quorum. If the required quorum is
S •
not present, another meeting may be called subject to the same notice •(
requirement, and the required quorum at the subsequent meeting shall be
one —half (1/2) of the required quorum at the preceding meeting. No such
i
subsequent meeting shall be held more than 60 days following the preceding i
mecttng. A
i
Section 6. Unimproved Lots Owned by Declarant or Builders. (J
Declarant and builders shall a fifty P Y y percent (50X) of the Chen existing
full maintenance charge and assessment for each Lot owned by them unless
and until a residential structure has been built thereon and is occupied, 1' .11
in whole or part, whether by tenants or homeowners. Thereafter, commenc—
' ins on the first day of the next succeeding calendar month, the full
maintenance charge then assessed shall become applicable. It shall be the
duty of each builder to notify the Association at the time a residence has
• been permitted to be occupied. The term "builder" for the purposes of
this Declaration is defined as any person, firm, corporation or other
entity who is engaged in the business of building residential structures
for sale, and not for his or its personal use or occupancy.
1
Section 7. Unimproved Lots Owned by Owners Other than Declarant
(( and Builders. Owners of the unimproved Lots other than Declarant and '
d builders shall pay one hundred percent (100X) of the then existing full
I 'Lr) maintenance charge assessment for each Lot owned by them. :f
f.
Section 8. The Maintenance Charge. The assessments provided
for herein shall commence es to each Lot on the date fixed by the Board of
C1
i ' :i Directors of the Association to be the "date of commencement" for such
[[ ; Lots or upon the conveyance of the Lot to an Owner, whichever is first.
The first assessment shall be made for the balance of the calendar year in
fie
H which it is made and shall be payable on the date of the commencement
r:y
t
1, {. is
r .,
HI
I ; ail VOL 969�a.� 799
C.S.
.1r.• ,,,,, e':. to r...r,... i F •^.wiW.yabia•vi w. .v.,..k • •.. S"
,_,,
' , • 'S . ,,
.'.-'
above defined. The aesesamenta for each calendar year after the first r_j
year shall be duo and payable annually to the Association in advance on or
'I
before January 1 of each such subsequent year. Provided, however, that,
upon the purchase of hie Lot (ae evidenced by the date of his deed), each •
( member shall be obligated to pay to the Aaaociation pro rata part of the ',
applicable percentage (as determined pursuant to the terms hereof) of the
1 ' regular maintenance charge assessed on such Lot.
II' Section 9. Effect of Nonpayment of Assessmentst Remedies of ti.
; ' the Association. Any assessment not paid within thirty (30) days after j
f the due date shall bear intereat from the due data at the rate of eighteen
t percent (18%) per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the 1,`'
.1.
lien ngainst the property. No Owner may waive or otherwise escape liabil -
i
;i ity for the assessments provided for herein by non -use of the Common Area
°: or abandonment of his Lot.
Section 10. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate to the lien of !
any first mortgage. Sale or transfer of any Lot shall not affect the
';5 7 assessment or lien. However, the sale or transfer of any Lot pursuant to
;' mortgage foreclosure or any proceeding in lieu thereof, shall extinguish
:1� the lien of such assessments as to payments which became due prior to such
i. sale or transfer. No sale or transfer shall relieve such Lot from liabil-
ity for any assessments thereafter becoming due or from the lien thereof.
I .
i Section 11. Exempt Property. All properties dedicated to, and
;{ accepted by, a local public authority and all properties owned by a chari-
i
table or nonprofit organization exempt from taxation by the laws of the ;
State of Texas shall be exempt from the assessments created herein.
' However, no land or improvements devoted to dwelling use shall be exempt
I, ! from said assessments.
ARTICLE. VII
Architectural Control Committee
1 . Section 1. Approval of Plans. No building, structure, fence,
I'
wall or other improvements shall be commenced, erected, constructed,
placed or maintained upon the Properties, nor shall any exterior addition
to or change or alteration therein be made until the detailed plans and
1 von. 969reat800 8
,
. , L': i ..; r ! f[� (c � / > , rf ,,.. �i ,):�::
. . ?. } ! l' `V t t 1 ;'; r ti i ��1,1:;.:
$1. ! t ' t i/ i t 13 te'A r SY 1 ..1 I : ;;ViZ:a.. .• .6..∎1w.c.ni a liass's.L..w.� ' 1 _..U ' i'Aii ..
•
r,
specifications therefor shall have been submitted to and approved in
1
writing as to compliance with minimum structural and mechanical standards, `-
location and situation on the Lot, and ns to harmony of external design or i
location in relation to property lines, building lines, easements, grades, ;.
surrounding structures, walks and topography (including the orientation of :,n
the front and rear of any such building with respect to the Lot linen) by
the Architectural Control Committee of the Association constituted as
provided herein. The submitted plans and specifications shall specify, in
such form ns the Architectural Control Committee may reasonably require,
structural, mechanical, electrical and plumbing detail and the nature,
t.
kind, shape, height, exterior color scheme, materials to be incorporated k
into, and location of the proposed improvements or alterations thereto. Il
In the event said Architectural Control Committee fails to approve or
; I
disapprove such plans and specifications within thirty (30) days after 0
said plans and specificntions have been submitted to it, approval will not
• t
be required and the provisione of this Section will be deemed to have been 4 '
ifl
fully complied with; provided, however, that the failure of the
Architectural Control Committee to approve or disapprove such plans and i'
f specifications within such thirty (30) day period shall not operate to
I
permit any structure to be commenced, erected, placed, constructed or $
maintained on any Lot in the Properties in a manner inconsistent with any ` € {,
provision of this Declaration. Without limitation of the powers herein :-'
granted the Association's Architectural Control Committee shall have the
right to specify requirements for ench Lot as follows: minimum setbacks;
•
the location, height and extent of fences, walls or other screening ti
devices; and the orientation of utructures with respect to garage access % h
i and major entry and frontage, The Architectural Control Committee also .;'.)
shall have full power and authority o reject any '.1.!{
Y � y plans and specifications
4 that do not comply with the restrictions herein imposed or meet its y
d minimum construction requirements or architectural design requirements or
a �� the sole and arbitrary discretion of the
n
Architectural Control Committee, with the design or overall character and
i .
aesthetics of the Properties.
F_`f Section 2. Membership. The ?taster Association will not have an a„
l'. 4 E Architectural Control Committee. The Asaociation will have an
9 1 1 4�fN
� : 96801 801 :�
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14
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t ... a ., . .... .a .t.. .. ___- e..,..I ?..F .. «_ 1 . 4.F�? t�Srl $.ye 1 t) Af'i �+� .
I .
' 11111 . 11110
l .
Architectural Control Committee appointed by Declarant and perpetuated as a;
outlined below. 4
r
Section 3. Committee Membership. Shadowcrest Homeowners • t
i
Association's Architectural Control Committee is presently composed of E.
W. Schultz, Danny Boraki, Laurie Follis and R. W. Butler, who may, by a
. 1
majority vote, designate a representative or representatives to act for
,
• them and the term "Architectural Control Committee" as used herein shall
refer to the individuals named above, their assignee as permitted herein, t:i
f,+
.. or the Committee's designated representative(s). In the event of death or I
resignation of any member or members of the Architectural Control tT
Committee, Declarant shall appoint a successor member or members, and 1 .j1
until such successor member or members shall have been so appointed, the {':
• I. remaining member or members shall have full right, authority and power to t l %7
carry out the functions of the Architectural Control Committee as provided q
•a
i '' herein, or to designate whomsoever with like right, authority and power. ! ° ° ,
{ Section 4. Term of Architectural Control Committee. Each ?p}
' V , respective member thereof shall serve for a term of ten (10) years from
{ the date hereof. Thereafter, all powers of each such Committee shall vest
r i L i
in respective Board of Directors for each Association (excluding the ti•
Master Association), and such Directors may elect to appoint another
{ Committee or resume their powers and responsibilities themselves.
Section 5. Transfer of Authority to the Association. The t • •
• duties, rights, powers and authority of the Architectural Control •!
{;‘;
•
Committee constituted hereby may be assigned at any time, at the sole fa<
election of a majority of the members of such Committee, to the Board of 'f'
I t
1, Directors of the Aasoctation, and from and after the date of such .. v
nseignment, and the acceptance thereof by such Directors, such Board of
,. i .
Directore of the Association shall have full right, authority and power, I ,I
`` y
and shall bo obligated, to perform the functions of such .!
� f h A t
n'.
Control Committee as provided heroin, including the right to designate a i
-S.
representative or representatives to act for it. r+
tr.
Section 6. Minimum Construction Standards. The Association 1?
Architectural Control Committee may from time to time promulgate an ,:'
:
outline of minimum acceptable construction standards and specifications
ti
(including, without limitation, a limited number of acceptable exterior i
$03; 9(gnws 802 10
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materials and /or finishes), which shall constitute guidelines only and
shall not be binding upon such Architectural Control Committee or in any
manner determinative of the approval or disapproval by ouch Committee of
submitted plans and specifications.
•
Section 7. Construction Requirements.
A. Only new construction materials (except for used brick) '
shall be used and utilized in constructing any structures situated on any
Lot, and all residential structures situated on any Lot shall have not
less than fifty —one percent (51X) masonry construction, or its equivalent
I
at the discretion of the Architectural Control Committee, unless otherwise
approved in writing by the Architectural Control Committee.
B. All exterior construction of the primary residential
structure, garage, porches and any other appurtenances or appendages of '
i every kind and character on any Lot and all interior construction 1i)
• .}
(including, but not limited to all electrical outlets in place and 5s
functional, all plumbing fixtures installed and operational, all cabinet '�
work completed and covered by paint, wallpaper, paneling, or the like, and
all floors covered by wood, carpet, tile or other similar floor covering)
. shall be completed not later than one (1) year following the commencement
of construction. For the purposes hereof, the term "commencement of
construction" shall be deemed to mean the date of which the foundation
f
i; forms are set.
i l C. No carports shall be constructed on any Lot within WoodCreek !c
Section III. All residential structures' garages shall have garage doors
1
;t R.
l' of such construction and material to be harmonious in quality and color ',.'i
'ii with the exterior of the appurtenant we and which must have the
1 4 f.'
approval of the Architectural Control Committee respectively concerned. ;:`•k
Garage doors shall be closed when not in specific use.
tr :
T
` ,.` D. No Lot fronting upon and being adjacent to WoodCreek Drive
. and Stonebrook Drive shall have any improved access or driveway extending ..
q
'a1 from WoodCreek Drive or Stonebrook Drive to the main residence situated
r.
i
upon such Lot, and no vehiculnr access or parking shall be allowed along,
4 to, and from WoodCreek Drive and Stonebrook Drive with respect to such
Lot. r ,
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.
1 1
vo. 96 9n�t 8 03 { v
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E. No window or wall type air conditioners shall be permitted '' •
to be used, placed or maintained on or in any building on the Lots. 1,,,�
F. Each kitchen in each residential structure situated on any ,1
1
Lot shall be equipped with a garbage disposal unit, which garbage disposal Al
unit shall at all times be kept in a serviceable condition. •.'
G. No fence or wall shall be erected, placed or constructed on
:i�
any Lot (other than a corner Lot which is controlled by Section 9 below) 31
nearer to any street than the minimum building setback lines as shown on )..1
The Subdivision Plats, other than Lote 1, 2, 3, 5, 6, 10, 11 and 14, Block ;f'!'
i
12, WoodCreek Section Three, an addition to the City of College Station, t.
Texas according to plat recorded in Volume 959 , Page 797 , of the
..!
Official Records of Brazos County, Texas, which may have a fence located d ;.,
on the rear and side property lines of such Lote that abut Stonebrook t-
Drive or WoodCreek Drive. Said fences on above described Lots shall be ';
r
uniform brick construction and will be completed by the Declarant. r rei
1.k
!r
N. No external antennas shall be permitted on any Lots within The �'
Subdivision. In no event shall this restriction prohibit the Owner of a V :i
4
Lot from placing an antenna in his attic or backyard, provided that such '
• antennas cannot be visible and apparent from any other Lot or street t s I
within The Subdivision.
• % I. No residence constructed on Lote 1, 5, 6, 10, 11 and 14, , ; 'i
Block 12, WoodCreek Section Three, an addition to the City of College
Station, Texas, can fnce Stonebrook Drive and no residence constructed on
i ,
Lots 1, 2 and 3, Block 12, WoodCreek Section Three, an addition to the :;
; ;
1!
City of College Station, Texas can face WoodCreek Drive.
J. Wherever possible, garages should be detached and located ,.;
Z,
towards the rear of the property. In thoae cases where the garage faces '..r:',.
the street, the opening must be no nearer than sixty (60) feet from the R r ?
front property line. Final location and orientation of the garage shall IS
be approved by the Architectural Control Committee. 1;
Section 8. Size of Residences. No residential structure ,..
erected on any Lot shall have more thnn two and one -half (2 1/2) stories. } J
t.;
No residential structure with an interior area of less than the applicable
.1.
minimum number of square feat set forth below, exclusive of the area of M
ii.
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vv. 969r *.8O4 12 ii
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•
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$ 1
I
ii attached garages, porches, servant's quarters, or other appurtenances or
appondages shall be erected on any Lot: 1%
.
i
Typo of Structure Minimum Interior Area
A. One (1) story residence 3,000 square feet
d
B. Ono and one -half (1 1/2) 3,000 square feet with at
two (2) and two and least 1,800 square feet on
one -half (2 1/2) story the first floor
residence
Section 9. Walls, Fences, and Hedges. No hedges, walls or
fences in excess of three feet (3') in height shall be erected or
:maintained nearer to the front Lot line than the walls of the dwelling
existing on such Lot. No side or rear fence, wall or hedge shall be more
than six feet (6') high unless specifically approved by the Architectural • fi
Control Committee. All fences and wails shall be of cedar construction or '
t'
t better. No chain link fence type construction will be permitted on any
IS Lot. i
i
ARTICLE VIII
Building and Use Restrictions i';'
I Section 1. Residence Buildings and Garages. No building or
tl
I. other structure shall be built, placed, constructed, reconstructed or
t
1! altered on any Lot other than a single - family residence, with
U appurtenances, and no structure shall be occupied or used until the
'! exterior construction thereof is completed. Each single - family residence
1
i..j situated on a Lot shall have an enclosed, attached or detached garage for ,jf
f
i,;; not less than two (2) nor more than four (4) automobiles. No detached
"6 garage shall have more than one (1) story. No garage shall ever be
..o
;rtil changed, altered, reconstructed or otherwise converted for any purpose ;
V inconsistent with the garaging of automobiles. All Owners, their
/9 families, tenants and contract purchasers shall, to the greatest extent
pra•:ticable, utilize such garages for the garaging of vehicles belonging
1 }
i to them.
t;
Section 2. Single- Family Residential Use. Each Lot (including ' 1 T land and improvements) shall be used and occupied for single - family �
reuidontia.l purposes only. No Owner or other occupant shall use or occupy -.
r
his Lot, or permit the same or any part thereof to be used' or occupied, r
414 for any purpose other than a private single - family residence for the Owner
OP
} ti, 13 V
>!o. 969 ran 805
VI
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... . } '. � . s. as... ?: ! .,_�, .5 M1 ,l rft
. dtl:rn.Aa, e•• •
• • •
• •
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or his tenant and their families. As need herein, the term "single - family
residential purposes" shall ho doomed to prohibit specifically, but
�.a
without limitation, the use of Lots for duplex apartments, garage
apartments or other apartment uan. No Lot shall be used or occupied for
any business, commerical, trade or professional purpose either apart from
or in connection with the use thereof as a private residence, whether for
profit or not.
1
Section 3. Temporary and Other Structures. No structure of a
Y•
temporary character, trailer, mobile, modular or prefabricated home, tent, '4
shack, barn or any other out - building structure or building, other than
the permanent residence to be built thereon, shall be placed on any Lot,
4
tt•
either temporarily or permanently and no residence house, garage or other t ,;1
1 .,
structure appurtenant thereto, shall he moved upon any Lot or any portion ;et
of the Properties from another location; except, however, that Declarant
reserves the exclusive right to erect, place and maintain, and to permit :Sjf
builders to erect, place and maintain, such facilities in and upon the
Properties as in its sole discretion may be necessary or convenient during
the period of and in connection with the sale of Lots, construction and ; !
A J
selling of residences and constructing other improvements in the •`.'.
Properties. Such facilities may include, but not necessarily be limited
t to, n temporary office building, storage area, signs, portable toilet s ;.
facilities and sales office. Declarant and builders shall also have the
right to use a residence situated on a Lot as a temporary office or model
home during the period of and in connection with construction and sales
operntione in the Properties, but in no event, shall a builder have such I'ri
right for a period in excess of six (6) months from the data of
substantial completion of his lust residence in the Properties.
Section 4. Nuisance. '+
A. No noxious or offensive activity shall be carried on or
permitted upon any Lot or upon any portion of the Properties, nor shall
anything be done thereon which may be or become an annoyance or nuisance
to the neighborhood or to other Owners. The Board of Directors of the s }'
Y.
Association and Piaster Association shall have the sole and exclusive
P.
discretion to determine what constitutes a nuisance or annoyance. No
truck(' rated more than three- quarters (3/4) of a tun, motor vehicles not
.
•
14
IE •
vb. 969 f *st 806 a
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!1 currently licensed, boats, trailers, campers, motor or mobile homes or
t
other vehicles shall be permitted to be parked on any Lot, except in a .-
•• t
i ' closed garage or behind approved enclosure, or on any street, except
1.
passenger cars and trucks rated three — quarters (3/4) of a ton or less may
'vi
be parked on the Street in front of the Lot for a period not to exceed
I twelve (12) hours in any twenty —four (24) hour period. No repair work, :
dismantling, or assembling of motor vehicle or other machinery or
y
equipment shall be done or permitted on any street, driveway or any por— I,
tion of the Properties. The use or discharge of firearms, firecrackers or .�
1
other fireworks in the Properties is prohibited. No motor bikes, motorcy—
{
cles, motor scooters, "go— carts ", or other similar vehicles shall be
! permitted to be operated in the Properties, if, in the sole judgement of
( the Board of Directors of the Association or Plaster Association, such
t
( operation, by reason of noise or fumes emitted, or by reason of manner of
use, shall constitute a nuisance.
B. Storage of automobiles, boats, trailers and other vehicles. �i t •
• No motor vehicle may be parked or stored on any part of any Lot, easement,
right of way, or Common Area unless such vehicle is concealed from public �,
view, inside a garage or other approved enclosure, except passenger
automobiles, passenger vans, motorcycles or pickup trucks that are in 'y,'; M
i operating condition, having current license plates and inspection
1 stickers, are in daily use as motor vehicles on the streets and highways :w;
j .
i of the State of Texas and which do not exceed six feet six inches (6' 6 ") i..'.
A' in height, or seven feet six inches (7' 6 ") in width or twenty —one feet : ! r
.`
i I (21') in length. No nonmotorized vehicle, trailer, boat, marine craft, ?;
+ hovercraft, aircraft, machinery or equipment of any kind may be parked or •
stored, on any part of any Lot, easement, right of way or Common Area `a?
,3 unless such object is concealed from public view inside o garage or other !:;%., ^
P ' '' approved enclosure. If a complaint is received about a violation of any '..i
part of this section, the Board of Directors will be the final authority .,;;
r
l° on tho matter. This restriction shall not apply to any vehicle,
. J r ,
l',., 1 machinery, or maintenance equipment temporarily parked and in use for the •,
I.
'+.):.r +'r
• # construction, repair or maintenance of subdivision facilities or of a ∎
house or houses in the immediate vicinity.
M •
4
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15 YO. 969 pm 807 .�
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S ection 5. Signs. Except for signs, billboards or other 'f
i advertising devices displayed by Declarant for so long as Declarant or any
i successors or assigns of Declarant to whom the rights of Declarant under
E . this Section are expressly transferred, shall own any portion of th ?
11; Properties, no sign of any kind shall be displayed to the public view on
l '‘.". any Lot or any portion of the Properties, except:
A. Builders may display one (1) sign of not more than five
(5) square feet on a Lot to advertise the Lot and any
y residential structure situated thereon for sale during `f; ■
11: the sales and /or construction period; and N
B. Any Owner may display one (1) sign of not more than five t'it
(5) square feet on a Lot improved with a residential
• structure to advertise the Lot and residence for sale ,1
or rent.
+a
Declarant, or its agent, and /or each respective Association
;(
governing the subject Lot, shall have the right to remove any sign not ; 4-
complying with the provisions of this Section, and in so doing, shall not
1 ,Fj
be liable and is expressly relieved of any liability for trepnss or other ;
d
tort in connection therewith, or arising from such removal.
f
Section 6. Animals. No animals, livestock or poultry of any ,
i
kind shall be raised, bred, or kept on any Lot or on any portion of the
Properties, except that dogs, cats, or other common domesticated household
pets (not to exceed three (3) adult animals) may be kept, but they shall
j not be bred or kept for commercial purposes. •
Section 7. Removal of Dirt. The digging of dirt or the removal
of any dirt from any Lot or from any portion of the Properties is
prohibited, except as necessary in conjunction with landscaping or •
( :'
construction of improvements thereon.
Section 8. Garbage and Refuse Storage and Disposal. All Lots
and any portion of the Properties shall at all times be kept in a •
healthful, sanitary and attractive condition. No Lot or any part of any
t` portion of the Properties shall be used or maintained as dumping garbage
or waste matter shall be kept in adequate containers constructed of metal, t
I; plastic or masonry materials, with tightly fitting lids, which shall be
.
maintained in a clean and sanitary condition and screened from public
1 ,
' view. No Lot shall be used for open storage of any materials whatsoever,
t ) which storage is visible from the street, except that new building
i . materials used in the conatruction of improvements erected on any Lot may
u ..
VC 969m:808 16
2 , t , r.,..,.� ^ f �i ��rm�- T t � 7`T� i 1 f (t . ... { + •r t 1. l ;"'l+! dr i72� Viii 1 i t i l 0 t +54 „ k`c ,,,,
+ r 1 7 F / 1 1'{ i 2 ,) t U F + f + .. { F S{ , l(0 0 i �t i 4 5, . • • 4 A t ♦ Ln 1'F ,,,.%,;1, } - „,„ fi
F t •; +1' 4 . f,." ) s i 3 1 � ,:.' 7 � , - . ; , 7 t ♦ y � ]I .,1 f' /'y n r �
si R',: / .�!i J `'= :f.i4 4' Ir , : 1 zrr.:..+h e..+l..,...Q..za....u ....—. ......,Ai...4-A......al... .:,.. Z. tt :...:�.i �....i
. , , ^1�,T
n • . ; . . •
f:
r- be placed upon such Lot at the time construction is commenced and may be ,
f '1 maintained thereon for a reasonable time, so long as the construction
progresses without unreasonable delay, until completion of the
•t;
ii
improvements, after which these materials shall either be removed from the
I r Lot, or stored in a suitable enclosure on the Lot. No garbage, trash, 1.
debris or other waste matter of any kind shall be burned on any Lot. 4
Section 9. Minimum Lot Area. No Lot therein shall be
resubdivided unless such resubdivision results in each resubdivided Lot
containing not less than eighteen thousand (18,000) square feet, nor shall
any building be erected or placed on any Lot having an area of less than
eighteen thousand (18,000) square feet.
1
Section 10. Oil and Mining Operations. No oil drilling for
development operations, oil refining, quarrying or mining operations of -
any kind shall be permitted upon or in any Lot on the Properties, nor
shall oil wells, pipelines, tanks, tunnels, mineral excavations or shafts a
be permitted upon or in any Lot. No derrick or other structure designed
• u t
for use in boring for oil or natural gas shall be erected, maintained or I
< permitted upon any Lot on the Properties.
;. •
Section 11. Lot Maintenance. The Owners or occupants of all
Lots shall at all times keep all weeds and grass thereon cut in a -,0
sanitary, healthful and attractive manner and shall in no event use any
i
:b
Lot for storage of materials and equipment except for normal residential •, ,
' requirements or incident to conetruction of .improvements thereon as herein , ''
, •:; permitted, or permit the accumulation of garbage, trash or rubbish of any
!.. 1 kind thereon, and shall not burn anything. The drying of clothes in full
I,..< public view is prohibited, and the Owners or occupants of any Lots at the '+�
I I
A intersection of Streets or adjacent to parks, playgrounds, waterfront or
other facilities where the rear yard or portion of the Lot is visible to
9 full public view shall construct and maintain a drying yard or other
yy�'' suitable enclosure to screen the following from public view: the drying
•
!'t
SV�� of clothes, yard equipment, wood piles or storage piles which are incident ,;;
" "��''. to the normal residential requirements of a typical family. In the event
,;.,. ' 'ii
"1t 3 , of default on the part of the Owner or occupant of any Lot in observing
('r the above requirements, or any of them, such default continuing after ten .;
(10) days' written notice thereof, Declarant, or its successors and RA
l Y.
4 1
17 V01. 96 9f>,.E i
t
r ""' C
,, — + ...,. , ._.._Ci ., ..... ,.2": t,.�. � «d. .�t�� . .«�116). ' ,V;3 a:.l .i.ii6.: . 'YaLti
1 I I I
,....,, , ... _ .
. r. , . ,. r;. 1'it r,,i.4. .4fiis4;4kJL'l, , _ ' N , a IN$11fila
. 0
i assigns, and the Association governing the subject lot may, at its option,
I : without liability to the Owner or occupant in trespass or otherwise, enter
4
upon said Lot and cause to be cut such weeds and grass and remove or cause
to be removed such garbage, trash and rubbish or do any other thing .Ar
I,' 1.
necessary to secure compliance with this Declaration in order to place f
said Lot in a. neat, attractive, healthful and sanitary condition, and may
charge the Owner or occupant, as the case may be, agrees by the purchase
or occupancy of such Lot to pay such statement immediately upon receipt
thereof. Failures by Owner or occupant will be treated as a maintenance
assessment with all the remedies and penalties as provided in Article IV l'
•
above.
Section 12. Commercial Use. No part of the Property shall ever {
1,
•
• be used or cause to be used or allowed or authorized in any way, directly 1.
L or indirectly, for any business, commercial, manufacturing mercantile,
+ /.` storing, vending or other such non - residential purposes except Declarant,
its successors or assigns, may use the property for a model home site, and •
display and sales office during the construction and sales period. }
i
Section 13. Mailboxes. Mailboxes, house numbers and similar
matter used in The Subdivision must be harmonious with the overall
character and aesthetics of the community and the decision of the
`IA Architectural Control Committee that any such matter is not harmonious C
shall be final.
Section 14. Greenbelts and Common Areas. The Common Areas
C shall be used for park, recreational, social and other purposes directly
i
.4 related to the uses authorized under this Declaration and such
. i
Supplementary Declarations as may be filed and shall be open for the use
•;' of all members and their guests during rensonable hours, as established by
i' the Board of Directors.
1
Section 15. Landscape Maintenance. All landscaping of every
kind and character including shrubs, trees, grass and other plantings,
"' shall be neatly trimmed, properly cultivated and maintained continuously
r.i
If ;, •
,. by the Owner thereof in a neat and orderly cond and in a manner to
enhance it appearance.
;; •Section 16. Drainage Easement - Vegetation Buffer. In order to
preserve the beauty of the area and provide a natural buffer from future
development, no shrubs, underbrush, trees or other vegetation shall be
18
,18: 9 69��s4 814 ° R fyik
� rJ A i e' i.t 1 . iF+ ': A tP + ( l f, •t }jt �5 jf 4.,,wt i + li 5 1
y vi�i; 1 Fr r +. v y {7 ' S 4 C r .;, ; 7 t o t,. ° ► : , �'; r�- (, l iti�, t;w , z ul � 7 iyiti. ../.........,— : +. 1S i,- -. 0 S '
+ ,,'' r.Y.JY (+ r' i. • 1Y i r 1 'M lY'......lY. -. ...
7l. 7� + 17 y 1 a +' t1Y \�7 nF l•• '
r • t
.
rj .
[I, removed from the designated drainage area along the eastern boundary of
WoodCreek Section III without written approval of the Shadowcrest }
y ,
Fj Homeowners Association's Architectural Control Committee. This !'y;
ttt restriction applies specifically to Lots 3, 4, 7, 8, 12 & 13, Block 12, •
:r.
WoodCreek Section III, a subdivision of the City of College Station. ,
Section 17. Exempt Property. Notwithstanding any provision {�;
1 I .
herein to the contrary, any Common Properties shall not be subject to or '�.
burdened by the building and use restrictiono set forth in this Article ,
VIII, except as to the extent same are made specifically applicable to the :;;,`
1 Common Properties by specific inclusion of same herein in the term ;`.
r "Properties ". .
s
ARTICLE IX
General Provisions :1
-- !`l
Section 1. Duration. The covenants and restrictions of this n
Declaration shall run with and bind the land, and shall inure to the '!
benefit of and be enforceable by all Associations or the Owner of any land .,.;i
rb subject to this Declaration or any Supplemental Declaration, their •.,
: respective legal representatives, heirs, successors, and assigns, for en '`s
4 ,
initial term commencing on the effective date hereof and ending September
f,.
.,. 1, 2012. During such initial term, the covenants and restrictions of this ; ,
• Declaration may be changed or terminated only by an instrument signed by ;`. e
t ',: •+
.f4 the then Owners of all Lots in The Subdivision and properly recorded in ° tt '
i i, the appropriate records of Brazos County, Texas. Upon the expiration of 7'
'
` such initial term, unless terminated as below provided, said covenants and j''
J ` restrictions (us changed, if changed), and the enforcement rights relative y i
4 thereto, shall be automatically extended for successive periods of ten (f.
f Art
14 (10) years. During the last calendar year of the initial term above .','s
Y. stated and during nn such ten (10) year extension ,- "''
6 Y ( periods, the covenants y ..
e'1
.:4, and restrictions of this Declaration may be changed or terminated only by ;+' .','
`:, an instrument signed by the then Owners of not less that fifty -one percent Ai '
(51X) of all the Lots in The Subdivision and properly recorded in the '.;
{ `. appropriate records of Brazos County, Texas, provided no change or termi- '
•
� 4, nation shall shortener alter the effectiveness of these covenants and �` }'i.�,�
' � i reserictione until the natural expiration of the then respective kern ale ',e
t's:
10
.. 8 •
' ,V 4 k , , 1 Ill �L.
r ti . 9ra�. t
Ye ti <
{ ,} -Q; +.. s .?4 t t /'L
1
1 .
•
I:
in effect. • .
Section 2. Books and Records. The books and records of the
1 : i
I 3
Association shall, during reasonable business hours, be subject to
reasonable inspection by any member. The Board of Directors may, by
resolution, establish rules and regulations governing the frequency of i. '
inspection and other matters to the end that inspection of the books and
records by any member or members will not become burdensome to or i
S
. constitute harrasement of the Association. The Declaration of Covenants f
): and Restrictions, the Articles of Incorporation and the By -laws of the (g.
.a
Association shall be availabe for inspection by any member at the I
principal office of the Association, where copies may be purchased at :t
reasonable costs.
16.
I, y
Section 3. Annexation. Other lands may hereafter be annexed :,,
f into the jurisdiction of the Association in the manner herein described. :,
7
•
. If annexed, the Owners of Lots in each future section so annexed as well i t
,sf
4.
as all Owners subject to the jurisdiction of the Association shall be
I`p ,
entitled to the use and benefit of all Common properties that may become �
j '.
subject to the jurisdiction of the Association as a result of such annexe-
tion, and the facilities thereon, and shall be entitled to the use and
l 'r
benefit of the maintenance fund, hereinabove set forth, provided that each
1.
future section must be impressed with and subject to an annual maintenance
1
charge imposed hereby, and further such section shall be made by recorded
1:
restrictions subject to the jurisdiction of the Association. Such addi- 4';',1', 4)
tional stages of development may be annexed by action of the Declarant. ;.,
'
• 6'+
Section 4. Enforcement. Any and all Associations, but
particularly the Master Association, as a common expense to be paid out of .',c
• the Maintenance Fund, or any Owner at his own expense, shall have the
t
right to enforce, by proceedings at law or inequity, all restrictions, ;;
covenants, conditions, reservations, liens, charges, assessments and all A
•
other provisions set out in Chia Declaration. Failure of the Association
• i
or of any Owner to take any action upon any breach or default of or in
respect to any of the foregoing shall not be deemed a waiver of their
right to take enforcement action upon any subsequent breach or default. 1
Section 5. Amendments by Declarant. The Declarant (but only so .
long as the "Class B" Membership exists pursuant to Article IV, Section 5
1
20
VOL 969 Mg 812
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•,Y 7 4, 1 1 ,•1%.0.,0•1, 7 1 i +r ! ,. }v I� �� Is n y 1 • i g + u {, �r.t! h - pies 1 ,( 1 ! • S •,•(:, 1 , r tr � +t . , j ; / ; ...y4 . , 1 , ;r .,,.. ! //, t, . .1 i1 .1_, r..;.3 .,t. 4 . i .. S I P, L i s • ;
• I t.. 1 . ... _h.i ..7L.r1vSw :7�.LH, L...
•
C
'
above) and /or each Association shall have acid reserve the right at any "• s
1 time and from time to time, without the joinder or consent of any other i
party to amend this Declaration by any instrument in writing duly signed,
acknowledged and filed for record for the purpose of correction of any �j
typographical or grammatical error, ambiguity or inconsistency appearing
herein, provided that any such amendment shall be consistent and in '.'1,,
furtherance of the general plan and scheme of development as evidenced by
this Declaration and shall not impair or affect the vested property or :`.
• other rights of any Owner or his mortgagee; provided, that the
1 Associations shall not be entitled to effectuate any such amendment as to
any of the Properties, other than that portion which lies within the
1 I boundaries of such respective Association's jurisdiction. Provided,
further, that the Master Association may affect the entire Properties
s
It
pursuant to its rights herein provided.
S Section G. Interpretation. If this Declaration or any word,
o4 clause, sentence, paragraph or other part thereof shall be susceptible of
V.; more than one or conflicting interpretations, then the interpretation %:V;=
which is most nearly in accordance with the general purposes and "''
objectives of this Declaration shall govern. ` ±
r� Section 7 Omissions. If any punctuation, word, clause, 'i
aentonce or provision necessary to give meaning, validity or effect to any ;
!,s4
ther word, clause, sentence or provision appearing in this Declaration
F
shall be omitted herefrom, then it is hereby declared that such omission
i was unintentional and that the omitted punctuation, word, clause, sentence �!`• °,
or prevision shall be supplied by inference. ` %.'
' Section 8. Notices. Any notice required to be sent to any �'.1!,
member or Owner under the provisions of this Declaration, shall be deemed `I'+'
i' to have been properly sent when mailed, postage prepaid, to the last known $. :
}i'F
r ,
address of the person who appears as member or Owner on the records of the '
i,4 respectively concerned Association at the time of such mailing. ,%.,::.
"•;r9
.
A i Section 9. Gender and Grammar. The singular, however used !;'
'F ' herein, shall be construed to mean the plural, when applicable, and the %`t`'
:G
A , �
�, necessary grammatical changes required to make the provisions hereof apply ',V's=
°it,i
'1's. either to corporations or individuals, males or females, shall in all W
X
cases be essumed as though in each case fully expressed. $#
i
;j 21 VOL 969ra:4813 it >
11, +i
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t r r - _ ' ; t1;
:.:�...... ..; c i..Y. ; ; .v. `� yy ` ' . :.U' S 4 tu i �ti_ fAAr.pfOtA::
. ...s.1 ”421'.4;C . 1 . ...+Ytl ",re..e,),t,<in,i.? „ayyluv:r.. � S++ 1krat w.iy. ut acn:::....;nANuh, usit.9; *Wlii4ANt01dtiYfktiaiStA
•
II •• a
' , .. .
r
•
Section 10. 5everabili. Invalidation of any one or more of
, i
the covenants, restrictions, conditions or provisions contained in this ,'i
Declaration, or any port thereof, shall in no manner affect any of the :'
other covenants, restrictions, conditions or provisions hereof, which
shall remain in full force and effect.
l
Section 11. Conflicts. Any terms and conditions of this
Declaration that are in conflict with the Declaration of WoodCreek
Community Association, Inc., shall be subordinate to the conflicting terms
ti
.a
and conditions of said Master Association Declarations. Any r
interpretations required shall be made by the Trustees of WoodCreek •
jt
Community Association, Inc. 1
Al
ARTICLE X ':Ii
: 'p;
Ratification la Lienholder
First Bank & Trust, Bryan, Texas, a Texas corporation, the owner �'t'
and holder of n lien covering all or a part of the Properti-a, has ',
executed this Declaration to evidence its joinder in, consent to and '{
ratification of the imposition of the foregoing covenants, conditions and
restrictions.
IN IJITNES3 WHEREOF, the undersigned, being the Declarant herein
f`
and the Lienholder,hnve executed this Declaration, acting by and through
%
their duly authorized and empowered officers, to be effective this the >t,
.; 'Y.rd day of /�irc. . . X • 19 5'7. ? 'l: '
'k�l,
CORNERSTONE INVESTMENT GROUP 'i
(DECLARANT) ..
r1
BY: u' `t:#f.
Stitt•
. W. SC ULTZ, TRU E 14X
FIRST BANK & TRUST, BRYAN, TEXAS •/
(LIENHOLDER)
, :ir e L
BY: . �. _i r a,•t1 r * i
� 4
ATTEST: 1! ( 4 2 X s0 ,
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vo 969=814 22 "1:
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•., i;.. ., , .,.L.ia.....i. ..: dts 'rtr_ . - .lu.c a ..... :a ...:... . .
f. .
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' THE STATE OF TEXAS }...
1 is
COUNTY OF BRAZOS ) �;R
The foregoing instrument was acknowledged before me on this the ;i;Ai
24 day of YIrletran , 19 , by Joe, Se,,A 1 rjr• - ) ,
1/1 Pr tdp ,j-- of First Bank & Trust, Bryan, Texas, a Texas l;'
corporation. 'I
NOTARY PUBLIC IN AND FOR :%
THE STATE OF TEXAS
\-
MY COMMISSION E ::PIRES: f 1 -3 -$1- ''
:
,1
:
THE STATE OF TEXAS } ;`
I COUNTY OF BRAZOS }
1
The foregoing instrument was acknowledged before on this the .;:,•,
�_A, day of l�Lth.o� ; !)
1 9 $1 , by E. W. Schultz, Trustee d /b /a/ ' - .{
Cornerstone Investment Croup. p 1
NOT�Y PUBLIC IN AND F , :-
THE STATE OF TEXAS ✓ ,:�'
MY COMMISSION EXPIRES: G /G /B9 .'i$:..!
A "' A Gle,v d
C. C 1g‘
V
1 1
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" �Z
Pitt
vo'h 9G9 ' Frt
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... �.. ,.. r<.rr, _ _ ...r. r.L.•..ak Jlv_vrL•.. n, !�•i ,:� J 'r ,V,