HomeMy WebLinkAboutCovenants and Restrictions •
Filed for Record in:
(Q)K-2)%7 BRAZOS COUNTY
On: 11a9 11,2012 at 04 :48p
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FIRST AMENDED AND RESTATED Oa `=i ent 4Usabet tl a r: 1: °5 9
DECLARATION OF COVENANTS, Amount
CONDITIONS AND RESTRICTIONS Rier ; 144.rri
OF
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THE BARRACKS AT ROCK PRAIRIE Ashl [e 1 ?
AND
THE BARRACKS II (ADDITION OF LAND)
THE STATE OF TEXAS
COUNTY OF BRAZOS §
This FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS OF THE BARRACKS AT ROCK PRAIRIE ANIIID,THE BARRACKS II (ADDITION OF
LAND) (the "Declaration "), Is made effective as of the 1 ��' day of , 2012, by
Greens Prairie Investors, Ltd., a Texas limited partnership, (hereinafter sometim referred to as
"First Declarant"), and b }'Heath Phillips Investments, LLC (the "Second Declarant "),
WHEREAS, the Declaration of Covenants, Conditions and Restrictions of The Barracks at
Rock Prairie (the "Original Deciaration") effective March 3, 2009, was recorded In Volume 8986,
Page 115, Official Records, Brazos County, Texas, covering the Property, as defined In the Original
Declaration, and called "the Original Property" herein; and as more particularly described in Exhibit
"A ", attached hereto and made a part hereof;
WHEREAS, pursuant to Section 9.03(A) of the Original Declaration, Declarant may amend
the Declaration and desires to do so by this First Amended and Restated Declaration of Covenants,
Conditions and Restrictions of The Barracks of Rock Prairie (the "Declaration');
WHEREAS, Second Declarant Is the owner and developer of certain residential Lots and
other parcels within a tract of land now or hereafter commonly known and described as The
Barracks II, (which Tots are more particularly described on the plat of The Barracks II, recorded or
to be recorded In the Official Records of Brazos County, Texas), and which land subject to this
Declaration 1s part of a 108.91 acres tract of land described in Exhibit "13 ", attached hereto and
made a part hereof, and delineated on said Exhibit "B" by bold lines which Include all streets, all
Phases numbers In the 100s and 200s, and specifically excluding all Phases numbers in the 300s
and 400s and the commercial lot called Block 1, Lot 1 Commercial Tract at the intersection of
Deacon Drive and Holleman Drive (the "Added Property "). Second Declarant desires to establish
and implement plans for residential living, recreation, aesthetic and quality-of -life considerations.
The purposes of this Declaration are to: protect the Second Declarant and the Owners against
Inappropriate development and use of Lots within the Subdivision; provide use, maintenance and
repair of compatibility of design of Improvements within the Subdivision; secure and preserve
sufficient setbacks and space between buildings so as to create an aesthetically pleasing
environment; provide for landscaping and the maintenance thereof; and in general to encourage
construction of attractive, quality, permanent Improvements that will promote the general welfare
of the Declarant and the Owners. Second Declarant desires to Impose these restrictions on the
Added Property now and yet retain reasonable flexibility to respond to changing or unforeseen
First Amended and Restated Declaration of Covenants, Conditions, 1
and Restrictions of The Barracks at Rock Prairie and
The Barracks II (additional land)
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circumstances so as to guide, control and maintain the quality and distinction of The Barracks
project. The restrictive covenants herein will preserve the best Interests of the First Declarant,
Second Declarant and the Owners and Residents of The Barracks after completion of all
development and construction therein;
WHEREAS, pursuant to Section 9.07 of the Original Declaration, First Declarant may assign,
in whole or in part, its rights as Declarant and permit the participation, in whole or in part, of any
other person or entity in the privileges, rights, exemptions and duties of the Declarant, and desiring
to do so by this Declaration, to Second Declarant, with respect to the Added Property, while
reserving all of its rights as First Declarant with respect to the Property;
WHEREAS, pursuant to Section 2.02 of the Original Declaration, Declarant may add other
lands to the Property to be subject to the Declaration and First Declarant and Second Declarant
wish to add the Added Property to the Declaration;
WHEREAS the Second Declarant desires to convey the Added Property subject to certain
protective covenants, conditions, restrictions, Hens and charges as hereinafter set forth;
WHEREAS the Declarant desires to create and carry out a uniform plan for the
improvement, development and sale of the Property for the benefit of the present and future
owners of the Property;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that It Is hereby declared (Y)
that First Declarant assigns, in part, its privileges, rights, exemptions, and duties as Declarant to
Second Declarant, and agrees to share rights as Declarant with Second Declarant, so that Second
Declarant may act as Declarant in concert with First Declarant in the manner provided herein; (11)
the Added Property is hereby submitted to the Declaration by Second Declarant; (iii) that ail of the
Property shall be held, sold, conveyed and occupied subject to the following covenants, conditions,
restrictions, liens, and charges, which are for the purpose of preserving the value and desirability
of, and which shall run with, the Property and shall be binding on all parties having any right, title,
or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and which
shall inure to the benefit of each owner thereof; and (iv)' that each contract or deed that may
hereafter be executed with regard to the Property or any portion thereof shall conclusively be held
to have been executed, delivered and accepted subject to the following covenants, conditions and
restrictions regardless of whether or not the same are set out or referred to in said contract, or
deed.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when
used in this Declaration shall have the following meanings hereinafter specified:
1.01 Additional Land. Declarant, Second Declarant, or their respective assigns, have by this
Declaration added the Added Property, and may hereafter create additional phases or
sections of The Barracks, and adopt the same or similar restrictions, rules, and regulations
for such phases or sections, and make the additional phases or sections subject to the
Association. • .
First Amended and Restated Declaration of Covenants, Conditions, 2 + i
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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1.02 Architectural Committee, "Architectural Committee" shall mean the committee created
pursuant to this Declaration to review and approve plans for the construction of
Improvements on the Property.
1.03 Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and
regulations adopted by the Architectural Committee, as the same may be amended from
time to time.
1,04 Articles. "Articles" shall mean Certificate of Formation of The Barracks at Rock Prairie
Owners Association, Inc., as that instrument may be amended from time to time, which
instrument is filed in the office of the Secretary of State of the State of Texas.
1,05 Assessments, "Assessment" or "Assessments" shall mean such assessments as may be
levied by the Association under the terms and provisions of the Declaration.
1,06 Association. "Association" shall mean The Barracks at Rock Prairie Owners Association,
Inc., a Texas non - profit corporation, which shall have authority and responsibility for all of
the communities and subdivisions of The Barracks, as hereafter defined,
1,07 Association Maintenance Responsibilities, "Association Maintenance Responsibilities" shall
mean the items of property and landscape maintenance which are specifically and
exclusively reserved for the Association to perform. The Association Maintenance
Responsibilities to be carried out by regular Assessments are all common area expenses
described in Section 7.03, plus exterior surface painting, staining of all exterior faces of
fencing, and planting, mowing, maintenance and irrigation of all lawn and landscaping
areas between structures and public streets, No Owner shall perform any maintenance or
add any plants or improvements to areas where the Association has Association
Maintenance Responsibilities, The Association Maintenance Responsibilities to be carried
out using special Assessments are replacing and repairing roofs on townhomes sharing a
single roof and replacing fencing.
1.08 Board. "Board" shall mean the Board of Directors of the Association. Board members may,
but need not, be Members of the Association,
1.09 Bylaws. "Bylaws shall mean the Bylaws of the Association as adopted by the Board, and
from time to time amended.
1.10 The Barracks Residential Restrictions. "The Barracks Residential Restrictions" shall mean
this Declaration, as the same may be amended from time to time, together with The
Barracks Rules, Architectural Committee Rules and the Articles and Bylaws of the
Association as the same are In effect from time to time.
1.11 The Barracks Rules. "The Barracks Rules" shall mean the rules and regulations adopted by
the Board as the same may be amended from time to time.
1,12 Common Areas. "Common Areas" shall mean any land conveyed, leased, dedicated or
assigned by Declarant, or a third party with the Association's consent, to the Association
for maintenance and operation, including, but not limited to, easements (Including all
First Amended and Restated Declaration of Covenants, Conditions, 3
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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lawns), roads, entryways, roadways, rights -of -ways, parkways, median strips, sidewalks,
parks, swimming pools, trails, paths, ponds, creeks, and lakes within the Property.
1.13 Declarant. "Declarant" shall mean First Declarant and Second Declarant, collectively.
1.14 Declaration, "Declaration" shall mean this Instrument as it may be amended from time to
time, This instrument supercedes and replaces the Original Declaration In its entirety.
11 s Declarant. S First larant. "First Declarant" shall mean Greens Prairie Investors, Ltd., its duly
authorized representatives or their respective successors or assigns; provided that any
assignment of the rights of Greens Prairie Investors, Ltd., as Declarant, must be expressly
set forth In writing and the mere conveyance of a portion of the Property without written
assignments of the rights of Declarant shall not be sufficient to constitute an assignment
of the rights of Declarant hereunder.
1.16 Improvement. "Improvement" shall mean every structure and all appurtenances thereto
of every type and kind, including but not limited to buildings, fences, screening walls,
retaining walls, stairs, decks, landscaping, exterior air conditioning, water softener fixtures
or equipment, and poles, pumps, walls, tanks, pipes, lines, meters, antennae, towers and
other facilities used In connection with water, sewer, gas, electric, telephone, regular or
cable television, or other utilities.
1.17 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as
a subdivided lot on a recorded plat of the Property, together with all Improvements located
thereon.
1.18 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding
membership rights to the Association.
1.19 Mortgage, "Mortgage" or "Mortgages" shall mean any mortgage or deed of trust covering
any portion of the Property given to secure the payment of a debt.
1.20 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any
Mortgage or Mortgages.
1.21 Owner. `Owner" or "Owners" shall mean a person or persons, entity or entities, Including
Declarant, holding a fee simple interest in any Lot on the Property, but shall not Include a
Mortgagee.
1.22 Person. "Person" or "Persons" shall mean an Individual or individuals, entity or entities
having the legal right to hold title to real property.
1.23 Plans and Specifications. "Plans and Specifications" shall mean any and all documents
designed to guide or control the construction or erection of any Improvement, Including,
but not limited to, those Indicating location, size, shape, configuration, materials, site plans,
excavation and grading plans, foundation plans, drainage plans, landscaping and fencing
plans, elevation drawings, floor plans, specifications on all building products and
First Amended and Restated Declaration of Covenants, Conditions, 4
and Restrictions of The Barracks at Rock Prairie and
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construction techniques, samples of exterior colors, plans for utility services, and all other
documentation or information relevant to such Improvement.
1.24 Property. "Property" shall mean the real property in Brazos County, Texas which is
described in Exhibit "A" and Exhibit "B ", being the Original Property and the Added
Property, plus any additional lands later Included,
1.25 Second Declarant. "Second Declarant" shall mean Heath Phillips Investments, LLC, Its duly
authorized representatives or their successors or assigns; provided that any assignment of
the rights of Heath Phillips Investments, LLC, as Second Declarant, must be expressly set
forth In writing and the mere conveyance of a portion of the Property without written
assignments of the rights of Second Declarant shall not be sufficient to constitute an
assignment of the rights of Second Declarant hereunder.
1,26 Single Family Lots, "Single Family Lots" shall mean ail Lots on which a free standing
residential structure with an architectural style typically known as a single family structure.
1.27 Townhome Lots. "Townhome Lots" shall mean all Lots on which the residential structure
shares at least one party wall with the structure located on another Lot or which has the
same or similar floor plan as the Townhome structure with party wails.
ARTICLE 2
DEVELOPMENT OF THE PROPERTY
2.01 Development or Sale by Declarant, Declarant may divide or subdivide the Property into
several areas, develop some of the Property, and, at Declarant's option, sell any portion of
the Property free of the restrictions set forth in this Declaration.
2.02 Addition of Land. Declarant may, at any time and from time to time, add any other lands
to the Property, and upon such addition, this Declaration and the covenants, conditions,
restrictions and obligations set forth herein shall apply to the added land, and the rights,
privileges, duties and liabilities of the persons subject to this Declaration shall be the same
with respect to the added land as they are with respect to the lands originally covered by
the Declaration. In order to add lands to the Property hereunder, Declarant shall be
• required only to record In the Official Records of Brazos County, Texas, a Notice of Addition
of Land containing the following provisions:
(1) A reference to this Declaration, which reference shall state the book and page numbers
of the Official Records of Brazos County wherein this Declaration is recorded;
(2) A statement that the provisions of this Declaration shall apply to the added land; and
(3) A legal description of the added land.
2.03 Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdraw
areas from the Property, and upon such withdrawal, this Declaration and the covenants,
conditions, restrictions and obligations set forth herein shall no longer apply to those lands
withdrawn. In order to withdraw lands from the Property hereunder, Declarant shall be
First Amended and Restated Declaration of Covenants, Conditions, 5
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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required only to record in the Official Records of Brazos County, Texas, a Notice of
Withdrawal of Land containing the following provisions:
(1) A reference to this Declaration, which reference shall state the book and page numbers
of the Official Records of Brazos County wherein this Declaration is recorded;
(2) A statement that the provisions of this Declaration shall no longer apply to the
withdrawn land; and
(3) A legal description of the withdrawn land.
ARTICLE 3
GENERAL RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed
subject to the following limitations and restrictions:
3.01 Construction of Improvements. Except for Improvements made by Declarant or Second
Declarant, no Improvements shall hereafter be constructed upon any of the Property
without the prior approval of the Architectural Committee,
3,02 Antennas.
Antennas may be installed and maintained on any Lot, provided they are to the greatest
reasonable extent, screened from view from Owners of adjacent Lots, according to
reasonable The Barracks Rules to be established from time to time by the Architectural
Committee or Board.
"Antenna" means any exterior antenna, aerials, satellite dishes or other apparatus (a) of
one meter or less in diameter that is used to receive direct broadcast satellite service or to
receive or transmit fixed wireless signals via satellite; (b) of one meter or less in diameter
that Is used to receive video programming services via midpoint distribution services or
to receive or transmit fixed wireless signals via other than satellite; or (c) that is used to
receive television broadcast signals.
3.03 Insurance Rates, Nothing shall be done or kept on the Property that would increase the
rate of insurance or cause the cancellation of insurance on any Lot or any of the
Improvements located thereon without the prior written approval of the Board.
3.04 Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other
Interest therein less than the whole be conveyed by the Owner thereof without the prior
written approval of the Architectural Committee; provided, however, that when Declarant
Is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an
easement or other interest less than the whole, all without the approval of the Architectural
Committee.
3.05 Signs. No sign of any kind may be erected or maintained on any Lot without the consent
in writing of the Architectural Committee except the following permitted signs:
First Amended and Restated Declaration of Covenants, Conditions, 6
and Restrictions of The Barracks at Rock Prairie and
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(1) signs advertising the Lot for sale;
(2) not more than two (2) political signs, within sixty (60) days prior to and three (3)
days after an official election date for any governmental election or campus election
at Texas A &M University or Blinn College;
(3) school spirit signs; or
(4) security signs.
No permitted sign (a) shall exceed five (5) square feet without the prior written approval
of the Architectural Committee, or (b) be placed on any Lot except parallel to the street at
the front of the Lot and within five (5) feet of the front facade of the structure on such Lot.
Declarant or the Architectural Committee shall have the right to enter and remove any
unapproved sign, advertisement, billboard or structure which is placed on any Lot without
the Declarant or the Architectural Committee's consent, and in so doing, shall not be liable
and is expressly relieved from any liability for trespass or other sort in connection therewith,
or arising from such removal.
3,06 Clotheslines., Garbage Cans, Rubbish and Debris. No rubbish or debris of any kind shall be
placed or permitted to accumulate upon a Lot and no odors shall be permitted to arise
therefrom so as to render the Property or any portion thereof unsanitary, unsightly,
offensive or detrimental to any other property or its occupants. No clotheslines shall be
erected or installed on the exterior portion of any Lot and no clothing, linens or other
material shall be aired or dried on the exterior portion of any Lot. All garbage cans, above-
ground storage tanks, mechanical equipment, woodpiles, yard equipment and other similar
Items on Lots shall be located or screened so as to be concealed from view of neighboring
Lots, streets, and properly located adjacent to the Lot. Ali rubbish, trash, and garbage shall
be stored In appropriate containers approved by the Board and shall regularly be removed
from the Properties and shall not be allowed to accumulate thereon. If rubbish or debris
accumulates upon any Lot in violation of this provision in the judgment of the Association,
the Association may remove the rubbish or debris, and charge a special assessment to the
Owner of the Lot,
3.07 Noise. No noise or other nuisance shall be permitted to exist or operate upon any portion
of the Property so as to be offensive or detrimental to any other portion of the Property or
to Its occupants.
3.08 Lighting. No exterior lighting of any sort shall be installed or maintained on a Lot where
the light source is offensive or a nuisance to neighboring property, except for reasonable
security or landscape lighting that has the approval of the Architectural Committee.
3.09 Nuisance and Lateral Support. No noxious or offensive activity or work shall be conducted
upon any Lot so as to Impair the structural soundness or Integrity of any Improvement on
any other Lot, or which may be or may become an annoyance or nuisance to the
neighborhood.
3.10 Repair of Improvements. All Improvements upon the Property, including any Lot, shall at
all times be kept in good condition and repair and adequately painted or otherwise
maintained by the Owner or Owners thereof, except for the Association Maintenance
Responsibilities, which are exclusively reserved for the Association.
first Amended and Restated declaration of Covenants, Conditions, 7
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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3.11 Alteration or Removal of Improvements. Exclusive of normal maintenance, any
construction or removal in connection with any Improvement, which in any way alters the
exterior appearance of said Improvement, shall be performed only with the prior written
approval of the Architectural Committee.
3.12 Roofing Materials. The surface of all roofs of principal and secondary structures shall be
uniform throughout the Property, and shall be a material approved by the Architectural
Committee, The Architectural Committee shall have authority to approve other roof
treatments and materials when In its determination such treatment and materials in the
form utilized will not be a detriment to the quality of the neighborhood.
3.13 Solar Equipment. In the event an Owner desires to use solar panels or other solar
equipment in connection with the use of any Lot, the location and installation design
thereof shall be submitted to the Architectural Committee and approval of such design,
including the aesthetics thereof, shall be required before construction may begin.
3.14 Driveway. The Architectural Committee shall have the right to impose limitations on
driveway design, including materials, aprons, location and point of contact with dedicated
roads, streets or private driveways within the Property.
3.15 Tanks. The Architectural Committee shall have the right to approve the location of any
tank used or proposed in connection with a single family residential structure, Including
tanks for storage of fuel, water, oil or LPG and including swimming pool filter tanks. (No
elevated tanks of any kind shall be erected, placed or permitted on any Lot). All tanks shall
be screened so as not to be visible from any other portion of the Property.
3.16 Underground Utility Lines. No utility lines, including, but not limited to, wires or other
devices for the communication or transmission of telephone or electric current or power,
cable television or any other type of line or wire shall be erected, placed or maintained
anywhere in or upon any portion of the Property unless the same shall be contained In
conduit or cables installed and maintained underground or concealed In, under or on
Improvements as approved in writing by the Architectural Committee, except what has
already been constructed by the City of College Station, prior to January 1, 2009; provided,
however, that no provision hereof shall be deemed to forbid the erection of temporary
power or telephone structures incident to the construction of Improvements which have
been previously approved in writing by the Architectural Committee. The installation
method, including but not limited to location, type of installation equipment, trenching
method and other aspects of installation for both temporary and permanent utilities, shall
be subject to review and approval by the Architectural Committee.
3.17 Drainage. There shall be no Interference with the established drainage patterns over any
of the Property, except by Declarant, unless adequate provision Is made for proper drainage
and approved by the Architectural Committee,
3.18 Hazardous Activities. No activities shall be conducted on the Property and no
Improvements shall be constructed on the Property that are or might be unsafe or
hazardous to any person or property. Without limiting the generality of the foregoing, no
First Amended and Restated Declaration of Covenants, Conditions, g
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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firearms or fireworks shall be discharged upon the Property, and no open fires shall be
lighted or permitted on a Lot except in contained barbeque units while attended and in use
for cooking purposes, or within safe and well- designed (1) interior fireplaces, (11) exterior
fireplaces, or (II€) outdoor chimneys (or chimineas).
3.19 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or
mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells,
tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or
other structure designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any Lot, No well, pump, shaft, casing or other facilities for the removal
of subsurface water shall be placed or maintained on any Lot, and no boring, drilling,
removal or exploration for subsurface water or the injection of water or waste water shall
be conducted on any Lot.
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3.20 Machinery and Equipment, Without the approval of the Association or Declarant, no
machinery or equipment of any kind shall be placed, operated or maintained upon or
adjacent to any Lot or Common Area except such machinery or equipment as Is usual and
customary in Brazos County, Texas, in connection with the use, maintenance, or
construction of a private residence or appurtenant structures or recreational facilities
maintained by the Association; provided, however, such machinery or equipment may be
placed, operated or maintained by any governmental or quasi - governmental agency, or by
any public utility, in the performance of its legitimate functions,
3,21 Temporary Structures, No tent, shack or other temporary building, improvement or
structure shall be placed upon a Lot without the prior written approval of the Architectural
Committee; provided, however, that the Declarant may maintain or authorize temporary
structures necessary for storage of tools and equipment, and for office space for architects,
builders and foremen on a Lot during any period of actual construction, which
authorization, if given, shall include the nature, size, duration and location of such structure
or structures.
3.22 Unsightly Articles; Vehicles. No trailer, recreational vehicle, tent, boat, or stripped down,
wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored, or maintained
on any portion of the driveway or front yard, in front of the building line of the permanent
structure, and same shall be kept, parked, stored or maintained on other portions of a Lot
only within an enclosed structure or a screened area which prevents the view thereof from
adjacent Lots or streets. No dismantling or assembling of motor vehicles, boats, trailers,
recreational vehicles, or other machinery or equipment shall be permitted in any driveway
or yard adjacent to a street.
3.23 Mobile Homes, Travel Trailers, Recreational Vehicles. No mobile homes shall be parked or
placed on any Lot at any time. No travel trailers or recreational vehicles may be parked or
kept on any Lot or on the curb on the street at any time.
3.24 Fences,
(A) No fence, wall, or hedge shall be built or maintained forward of the front wall line
of the main structure. Notwithstanding the foregoing, the Architectural Committee Is
First Amended and Restated Declaration of Covenants, Conditions, 9
and Restrictions of The Barracks at Rock Prairie and
The Barracks II (additional land)
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empowered to waive the aforesaid limitation, in its sole discretion, if such waiver is
advisable in order to accommodate a unique, attractive or advanced building concept
design or material and the resulting decorative wall or retaining wall will not detract from
the general appearance of the neighborhood, or in the case where a Lot has a side yard
which Is adjacent to the backyard of an adjacent Lot. No chain -link fences may be built or
maintained on any Lot.
(B) Unless otherwise approved by the Architectural Committee or as provided below,
any fence built or maintained on any Lot shall be constructed only of standard grade 1" by
6" cedar privacy fence materials, six (6') feet in height, with the finished (smooth) side
facing streets or Common Areas, or adjoining properties which are not part of The Barracks, 1
and the rough side facing the interior of any Lot, All wood fences shall be stained by the
Association on the exterior sides with a stain product to be approved by the Architectural
Committee.
3,25 Animals — Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals,
horses, cattle, sheep, goats or any other type of animal not considered to be a domestic
household pet within the ordinary meaning and interpretation of such words may be kept
or maintained on Lot. No domestic household pet shall be allowed to make an
unreasonable amount of noise, or to become a nuisance, and no domestic pets shall be
allowed on the Property other than on the Lot of its Owner, except when confined to a
leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or
remuneration on the Property and no kennels or breeding operation shall be allowed. No
domestic household pet shall be allowed to run at large and all of such pets shall be kept
within enclosed areas which must be clean, sanitary and reasonably free of refuse, insects
and waste at all times. Such enclosed area shall be constructed in accordance with Plans
and Specifications approved by the Architectural Committee, shall be of reasonable design
and construction to adequately contain such animals In accordance with the provisions
hereof, and shall be screened so as not to be visible from any other portion of the Property.
No more than two (2) adult dogs and two (2) adult cats may be kept on a single Lot. Dogs
greater In weight than sixty (60) pounds shall not be permitted. All domestic household
pets shall be kept in strict accordance with all local laws and ordinances.
3,26 Maintenance of Lawns and Plantings. The Association shall have the sole authority and
responsibility for ail lawn, landscape, irrigation systems, fertilizing, watering, trees, shrubs,
grass and plantings of every kind on all Lots, from the front boundary line to the rear
boundary line (front, back and side yards) (herein called the "Association Maintenance
Areas "). No Owner shall have any right to add, remove or alter plants or landscape
materials within the Association Maintenance Areas. The Association shall have, and is
hereby granted, an easement across the Association Maintenance Areas for the purpose of
planting, mowing, Irrigating (with automatic sprinkler systems), watering, replacing,
cultivating and maintaining the Association Maintenance Areas in such manner as the
Association in its sole discretion shall determine to be necessary or prudent. Each Owner
shall keep all other portions of such Owner's Lot free of trash and other unsightly material.
Any Owner who causes damage to the Association Maintenance Areas through negligence
or intentional acts shall be liable to the Association for the cost of repair or restoration of
such damage.
First Amended and Restated Declaration of Covenants, Conditions, 10
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
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3.27 Landscape Design. All landscaping shall be designed so as to protect and promote, as far
as practicable, the natural local landscape environment through use of native materials,
natural drainage, indigenous plant selection and site design.
3,28 Construction and Sales Activities. Notwithstanding any provision herein to the contrary, this
Declaration shall not be construed so as to unreasonably interfere with or prevent normal
construction activities during the construction of Improvements by an Owner (Including
Declarant) upon any Lot within the Property, or the sale of any Lot thereafter. Specifically,
no such construction activities shall be deemed to constitute a nuisance or a violation of
this Declaration by reason of noise, dust, presence of vehicles or construction machinery,
posting of signs or similar activities provided that such construction Is pursued to
completion with reasonable diligence and conforms to usual construction practices in the
area. No building material of any kind shall be placed or stored upon any Lot until the
Owner thereof is ready to commence The Improvements, and then the material shall be
placed within the property lines of the Lot upon which the Improvements are to be erected
and shall not be placed on the street or on any other part of the Property, In the event of
any dispute regarding such matters, the Architectural Committee may grant a temporary
waiver of the applicable provision, for a period of time to be determined by the
Architectural Committee In its sole and absolute discretion. At such time as the Declarant
ceases using any portion of the Property as a model home or sales office, the affected
Property shall be altered and /or remodeled, if necessary or desirable, to comply with the
covenants and restrictions contained herein.
3,29 Mailboxes. Mailboxes shall be made with materials approved by the Architectural
Committee, and shall be located in a cluster location or locations determined by the Board.
3.30 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from
streets on the Property shall be placed or permitted to remain on any corner Lot within the
area defined by a line drawn between two points Located twenty (20) feet from the point
of intersection of the street right -of -way property lines Immediately adjacent to the Lot, as
reasonably located by the Architectural Committee. Measurements shall be by chord, and
not arc, No tree shall be permitted to remain within such areas, unless the foliage Is
maintained at sufficient height to prevent obstruction of such sight lines.
• 3.31 Parking and Prohibited Vehicles
(a) Parking. Vehicles on Single Family Lots shall be parked in garages or In designated
parking spaces on the Lot. Vehicles on Townhome Lots shall be parked only in parking
spaces or driveways designated for parking by the Association on each Lot, and the Board
may authorize on- street or remote location parking for owners, visitors and guests, subject
to reasonable rules and regulations to be established and revised by the Board.
(b) Prohibited Vehicles, Commercial vehicles, vehicles with commercial writing on their
exteriors (excluding vehicles with lettering or logos confined to the front door on each side),
vehicles primarily used or designed for commercial purposes, tractors, mobile homes,
recreational vehicles, trailers (either with or without wheels), campers, camper trailers
boats and other watercraft, and boat trailers shall not be permitted. Stored vehicles and
vehicles which are either obviously inoperable or do not have current operating licenses
First Amended and Restated Declaration of Covenants, Conditions, 11
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
shall not be permitted on the Properties. Vehicles that become Inoperable while on the
Properties must be removed within seventy -two (72) hours thereof. For purposes of this
Section, a vehicle shall be considered "stored" if it is put up on blocks or covered with a
tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days without
the prior approval of the Board. Notwithstanding the foregoing, service and delivery
vehicles may be parked in the Properties during daylight hours for such period of time as
is reasonably necessary to provide service or to make a delivery to a Lot or the Common
Areas. Any vehicle parked In violation of this Section or parking rules promulgated by the
Board may be towed by the Association.
(c) Gara c not be converted to living be used for
Garages. Garages 9 may
g s p ace and may only
parking of vehicles and miscellaneous uses related to such use. Garage doors must be kept
closed except when in use.
3.32 Doors and Windows, No "burglar bars," steel or wrought iron bars, or similar fixtures,
whether designed for decorative, security or other purposes, shall be installed on the
exterior of any windows or doors of any dwelling, No signs, numerals or other writing shall
be written on or placed in the doors, windows or exterior walls of any dwelling, either
temporarily or permanently, except that the Board may, in Its discretion, permit house
numbers to be written temporarily on a single window of a dwelling while occupants are
moving in, provided such numbers are removed within seventy-two (72) hours after the
occupants have taken occupancy. Only uniform blinds shall be used as window treatments,
as determined in the sole discretion of the Architectural Committee, Foil, decorative items,
or commercial advertising shall not be used as window coverings at any time,
3.33 Registered Sex Offenders. No Lot shall be occupied in whole or In part by any person who
Is a registered sex offender on the Texas Public Sex Offender Registry, or any similar
registry in another state.
3.34 Registration with Association. All Owners shall register with the Association for the purpose
of providing the Association with address and telephone number contact information for use
In both emergency situations and ordinary Association communication. Any residents of
any Lot who are not an Owner or member of an Owner's immediate family (parents and
children), who occupy any Improvement for more than seven (7) consecutive days, shall
also register with the Association as a tenant.
3.35 Compliance with Provisions of The Barracks Residential Restrictions: Each Owner shall
comply strictly with the provisions of The Barracks Residential Restrictions as the same may
be amended from time to time. Failure to comply with any of The Barracks Residential
Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of
action to recover sums due for damages or injunctive relief or both, maintainable by the
Board on behalf of the Association or by any aggravated Owner. Declarant, for Itself, its
successor or assigns, reserves the right to enforce these restrictive covenants, though it
may have previously sold and conveyed all subdivided Lots controlled by these covenants
within the Property. The reservation of this right of enforcement shall not create an
obligation of any kind to enforce the same.
First Amended and Restated Declaration of Covenants, Conditions, 12
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
•
3,36 No Warranty of Enforceability, While Declarant has no reason to believe that any of the
restrictive covenants or other terms and provisions contained in this Article 3 or elsewhere
in this Declaration are or may be invalid or unenforceable for any reason or to any extent,
Declarant makes no warranty or representation as to the present or future validity or
enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring
a Lot in reliance upon one or more such restrictive covenants, terms or provisions shall
assume all the risks of the validity and enforceability thereof and, by acquiring the Lot,
agrees to hold the Declarant harmless therefrom.
ARTICLE 4
RESIDENTIAL RESTRICTIONS
4.01 Residential Use. All Lots shall be Improved and used solely for residential purposes
inclusive of fencing, and other such improvements as are necessary or customarily incident
to residential use. No Owner shall occupy or use his Lot or any Improvements constructed
thereon, or permit the same or any part thereof to be occupied or used for any purpose,
including religious, other than as a private residence. All Townhome Lots within the
Property shall be used and improved as townhome residential dwellings with shared party
walls, with no more than one (1) residential dwelling unit per Lot. All Single Family Lots
within the Property shall be used and improved with a free standing, architectural structure
known as a single family dwelling. Anything herein to the contrary notwithstanding, any
Lot may be used or Improved for a greenbelt, open space and /or drain field purposes. No
Improvement may be constructed upon any Lot that would unreasonably obstruct the view
from any other portions of the Property, and the positioning of all Improvements upon Lots
within the Property is hereby expressly made subject to Architectural Committee review.
The Architectural Committee may, but shall not be required to, prevent or allow the
construction of a proposed Improvement based upon the effect it will have upon the view
from any particular Lot. The Architectural Committee may consider the effect the
Improvement will have on the Property as a whole, it being expressly understood that
neither the Architectural Committee nor the members thereof shall be liable to any Owner
in monetary damages or otherwise due to the construction of any Improvement within the
Property or the creating thereby of an obstruction to the view from such Owner's Lot or
Lots. No garages or outbuildings shall be allowed or permitted on any Lot except Single
Family Lots.
4.02 Building Height. No Improvement greater than thirty-two (32) feet in height may be
constructed on any Lot without the prior written approval of the Architectural Committee.
For purposes of this paragraph, height shall be measured from the foundation slab of the
proposed Improvement to the ridgeline of the roof of the proposed Improvement.
4.03 Building Materials; Dwelling Size; Chimney Construction.
(A) All dwellings shall be of recognized standard construction quality. Unless an
exception is granted by the Architectural Committee, all single family dwellings shall contain
no Tess than 1,100 square feet of enclosed living space, exciusive of all porches (open or
covered) and decks.
First Amended and Restated Declaration of Covenants, Conditions, 13
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• i
4.04 Construction In Place, The use of prefabricated materials shall be allowed only with the
prior written approval of the Architectural Committee.
405 Party Walls and Common Roof Structures. Party walls shall exist along the interior lot line
of each Townhome Lot where the original construction of each residence is located.
Common roof structures shall exist across the roofs of all Townhome Lots with a common
building structure and shared party wails. Party walls and Common Roof Structures In The
Barracks shall be governed by the following:
(A) General Rules. Each wall which is built as a part of the original construction of a
residence upon the Property and placed on the dividing line between the Townhome
Lots shall constitute a party wall and, to the extent not Inconsistent with the
provisions of this section, the general rules of law regarding party walls and
common roof structures and liability for property damage due to negligence or
willful acts or omissions shall apply thereto. The owner of a residence shall not cut
through or make any penetration through a party wall or common roof structure for
any purpose whatsoever.
(B) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance
of a party wall or common roof structure by the Association shall be assessed by
Special Assessment to the Owners of Townhome Lots who make use of the wall in
equal proportions.
(C) Destruction by Fire or Other Casualty. If a party wall or common roof structure is
destroyed or damaged by fire or other casualty, then, to the extent that such
damage Is not covered by Insurance and repaired out of the proceeds of same, the
Association shall repair it and make Special Assessments to each Owner who has
used the wall or common roof structure In equal proportions, without prejudice,
however, to the right of the Association or any such Owners to call for a larger
contribution from one or more of the Owners under any rule of law regarding
liability for negligent or willful acts or omissions.
(D) Weatherproofing. Notwithstanding any other provision of this Article, to the extent
that such damage Is not covered and paid by the Insurance provided for herein, an
Owner who by his negligent or willful act causes the party wall or common roof
structure and enclosed attic space to be exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such elements,
(E) Right to Contribution Runs with Land. The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to the land and shall pass
to such Owner's successors in title.
(F) Insurance. Each Owner shall be required to keep and maintain an insurance policy
insuring against loss for fire and other casualty in an amount equal to a minimum
amount as the Board (or its agent or management company) may determine from
time to time and name the Association as "Additional Insured ". Each Owner shall
provide the Association with a copy of the insurance policy maintained by the
First Amended and Restated Declaration of Covenants, Conditions, 14
and Restrictions of The Barracks at Rock Prairie and
The Barracks II (additional land)
•
Owner, and shall provide copies of ail renewals at least fifteen (15) days prior to the
expiration of the policy term.
4.06 Setback Requirements. No building shall be located or erected nearer to any Lot line than
the building line shown on the recorded plat of the Property subdivision section which
includes such Lot, as follows:
BARRACKS AT ROCK PRAIRIE
Front Setback 15 feet
Back Setback 20 feet
Side Setback (a) zero, on sides with party walls
(b) 7.5 feet on sides with no party walls
BARRACKS II TOWNHOME LOTS
Front Setback 20 feet
Rear Setback 15 feet
Street Side Setback 15 feet
Party Wall Side Setback zero (0)
Other Side Setback 5 feet
BARRACKS II SINGLE FAMILY LOTS
Front Setback without Rear Access 20 feet
Front Setback with Rear Access 15 feet
Rear Setback 20 feet
Street Side Setback 15 feet
Other Side Setback 5 feet
ARTICLE a
The Barracks OWNERS ASSOCIATION
5.01 Organization. The Declarant shall, prior to filing of this Declaration, cause the formation
and incorporation of the Association as a nonprofit corporation created for the purposes,
charged with the duties, and vested with the powers prescribed by law or set forth in Its
Articles and Bylaws or In this Declaration, Neither the Articles nor Bylaws shall for any
reason be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
5.02 Membership. Any Person or entity upon becoming an Owner shall automatically become
a Member of the Association. Membership shall be appurtenant to and shall run with the
property interest, which qualifies the Owner thereof for membership, and membership may
not be severed from, or in anyway transferred, pledged, mortgaged, or alienated except
together with title to the said property interest.
First Amended and Restated Declaration of Covenants, Conditions, 15
and Restrldions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
5.03 Voting Rights, The right to cast votes and the number of votes which may be cast, for
election of directors to the Board and on ail other matters to be voted on by the Members
shall be calculated as follows:
(A) The Owner, whether one or more (including Declarant), (leach Lot within the Property
• shall have one vote for each Lot so owned. In addition, Declarant shall have one vote for
each lot reflected on the preliminary plats of the portions of the Property which have not
been platted.
(8) In addition to the votes to which Declarant is entitled by reason of Subparagraph (A)
of this Section, for every such vote, Declarant shall have three (3) additional votes until
such time as the votes described in Subparagraph (A) of this section, owned by Owners
other than Declarant, total In the aggregate (90 %) of the total number of votes outstanding
under Subparagraph (A) (the "Transition Date "). Thereafter Declarant shall only have votes
If any, to which it Is entitled under Subparagraph (A) of this section.
5.04 Powers and Authority of the Association. The Association shall have the powers of a Texas
nonprofit corporation, subject only to any limitations upon the exercise of its power as are
expressly set forth in this Declaration. Without in any way limiting the generality of the two
preceding sentences, the Association, and the Board acting on behalf of the Association,
shall have the following powers at all times:
(A) The Barracks Rules and Bylaws. To make, establish and promulgate, and in Its
discretion to amend or repeal and re- enact, such The Barracks Rules and Bylaws,
not In conflict with this Declaration, as it deems proper to address any and all aspects of
Its functions. The Association shall have the authority to establish committees pertaining
only to specific sections of The Barracks. Any committee, which elects to oversee a
particular section, shall have the power to establish section rules, which shall apply
only to sections over which the committee has oversight. Any such section rules may be
more restrictive than the provisions hereof, but shall not be less restrictive.
(8) Insurance. To obtain and maintain In effect policies of insurance which, in the
opinion of the Board, are reasonably necessary or appropriate to carry out Association
functions, and to keep a register or record of Insurance policies maintained by Owners as
required by Section 4.05 (F).
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments, To levy Assessments as provided in Article 7 below.
(E) Right of Entry and Enforcement. To enter at any time in an emergency, or in a non -
emergency, after ten (10) days' written notice, without being liable to any Owner, upon any
Lot and into any Improvement thereon for the purpose of enforcing The Barracks
Residential Restrictions or for the purpose of erecting, maintaining or repairing any
Improvement to conform to The Barracks Residential Restrictions, and the expense Incurred
by the Association In connection with the entry upon any Lot and the work conducted
thereon (I) shall be a personal obligation of the Owner of the Lot entered upon, (II) shall
be a Iles upon the Lot entered on and Improvements thereon, and (ill) shall be enforced
First Amended and Restated Declaration of Covenants, Conditions, 16
and Restrictions of The Barracks at Rock Prairie and
The Barracks II (additional land) •
• •
in the same manner and to the same extent as provided In Article 7 hereof for regular and
special Assessments. The Association shall have the power and authority from time to
time, In its own name and on its own behalf, or In the names of and on behalf of any
Owner who consents thereto, to commence and maintain actions and suits to enforce, by
mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened •
breach of The Barracks Residential Restrictions. The Association Is also authorized to settle
claims, enforce liens, purchase casualty Insurance required to be purchased by Owners in
default, and take all such action as it may deem necessary or expedient to enforce The
Barracks Residential Restrictions; provided, however, that the Board shall never be
authorized to expend any Association funds for the purpose of bringing suit against
Declarant, its successors or assigns.
(F) Fines. To levy and collect fines against Owners for any violation of the Declaration
which is not cured by the Owner in the judgment of Board within 30 days after written
notice of such violation as provided in section 9.04. Fines may be assessed repeatedly for
continuous violations. Fines shall be uniform according to a fine schedule to be established
from time to time by the Board.
(G) Legal and Accounting Services. To retain and pay for legal and accounting services
necessary or proper for the operation of the Association.
(H) Delegation to Committees. To set up one or more committees as authorized by the
Texas Non -Profit Corporation Act, as the same is amended from time to time.
(1) Employees. To engage such employees as may be reasonably necessary in the
management of the Association and the performance of its duties.
(3) Cable Television and Telephone, To contract with third parties for the installation
of cable television and broadband Internet service and the delivery of such services to Lots,
and to assess the cost of such services at such prices and rates deemed appropriate by the
Board as part of Assessments, The Association shall offer packages of cable television or
broadband Internet with such features as the Board shall determine, and Owners may
directly contract with the cable television and broadband internee provider for additional
services or packages.
5.05 Landscape and Maintenance. The Association shall be required to landscape, maintain and
repair easements, rights-of-way, common areas, entryways, sidewalks, paths, trails,
detention ponds, lakes, waterfall pumps, irrigation equipment, water wells, swimming pool
areas, entrance buildings, and other areas of the Property, as appropriate and any areas
leased by the Association for amenities. Without limitation, the Association shall maintain
the Association Maintenance Areas and beds and the automatic sprinkler system in the
• Association Maintenance Areas, and perform the Association Maintenance Responsibilities.
5.06 Common Areas.
(A) Subject to and in accordance with this Declaration, the Association, acting through
the Board, shall have the following duties and additional powers:
First Amended and Restated Declaration of Covenants, Conditions, 17
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
•
(1) To accept, own, lease, operate and maintain all Common Areas which may
be conveyed or leased to it by Declarant, together with any Improvements of any kind or
purpose located In said areas; and to accept, own, operate and maintain all other property,
real and personal, conveyed or leased to the Association by Declarant; and to maintain in
good repair and condition all lands, Improvements, and other Association property owned
by or leased to the Association, whether by Declarant or by other Persons.
(2) To pay all real and personal property taxes and other taxes and assessments
levied upon or with respect to any property owned by or leased to the Association, to the
extent that such taxes and assessments are not levied directly upon individual Members of
the Association, The Association shall have all rights granted by law to contest the legality
and the amount of such taxes and assessments.
(3) To incur debt and to execute mortgages, both construction and permanent,
for construction of Improvements on property owned by or leased to the Association, and
to accept lands In Common Areas whether or not improved, from Declarant subject to such
mortgages or by assuming such mortgages. Financing may be effected through
conventional mortgages or deeds of trust, the issuance and sale of development or other
bonds, loans from the Developer, or in any other form or manner deemed appropriate by
the borrower, whether Declarant or the Association. The mortgage or other security
interest given to secure repayment of any debt may consist of a first, second or other junior
lien, as deemed appropriate by borrower, whether Declarant or the Association, on the
Improvements to be constructed, together with such underlying and surrounding lands as
the borrower deems appropriate. The debt secured by such mortgage or other security
instrument may be retired from and secured by the revenues generated by dues, use fees,
assessment of Members, or otherwise, or any combination thereof, as may be deemed
appropriate by Declarant or the Association, as the case may be, but subject to the
limitations imposed by this Declaration,
(B) In addition to, and not in limitation of, the power and authority of the Association
as set forth in Section 5.04 of this Declaration, the Association, acting through the Board,
shall have the power and authority:
(1) To grant and convey or lease portions of Association property, Including fee
title, leasehold estates, easements, right -of -way, and /or mortgages, to or from any person
or entity for the purpose of constructing, erecting, operating or maintaining the following:
(a) Parks, parkways, swimming pools, or other recreational facilities or
structures;
(b) Roads, streets, walks, driveways, trails and paths;
(c) Lines, cables, wires, conduits, pipelines or other means of providing
utilities;
(d) Sewers, water systems, storm water drainage systems, sprinkler
systems and pipelines; and /or
First Amended and Restated Declaration of Covenants, Conditions, 18
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• !
(e) Any similar public, quasi- public or private Improvements.
Nothing contained in this subparagraph, however, shall be construed to permit use
or occupancy of any Common Area or Improvement In a way that would violate applicable
use and occupancy restrictions imposed by other provisions of this Declaration, or by any
statute, rule, regulation, ordinance or other law of any governmental entity, Including but
not limited to rules and orders of the Texas Water Development Board, Texas Water
Commission, Texas Commission on Environmental Quality ( "TCEQ ") and any flood plain,
industrial waste or other ordinance of the City of College Station.
(2) To pay for water, sewer, garbage removal, cable television, broadband
intemet, landscaping, gardening and ail other utilities, services and maintenance for the
property of the Association or the Lots, the Association Maintenance Responsibilities, or
within city -owned parks, parkways, entrance ways, or street rights of way which the
Association desires to maintain or pay for, in the best interest of the Association and the
aesthetic appearance of the subdivision as a whole,
(3) To pay for any other services necessary or proper in the performance of
Association functions, and to pay for any other rental, taxes or assessments that the
Association or the Board Is required to secure or to pay for, pursuant to applicable law, the
terms of this Declaration, or the Articles or Bylaws of the Association.
(4) To lease, own and operate any and all types of facilities for both active and
passive recreation, and to establish rules, regulations, fees, and permits for the use of such
facilities as the Board In its discretion deems appropriate.
(5) To construct new Improvements or additions to Association properties,
subject to the approval of the Architectural Committee as required in this Declaration.
(6) To enter into contracts (including, without limitation, leases) with Declarant
and other persons, with such terms and provisions as the Board shall determine, to operate
and maintain any of the Common Areas or to provide any service or perform any function
on behalf of Declarant or the Association In connection with the purposes of the
Association,
(7) To acquire and own and to dispose of all manner of real and personal
property, whether by purchase, grant, lease, gift or otherwise.
5,07 Agreement with City of College Station, State of Texas, and County of Brazos. The
Declarant, as the agent of the Association, or the Association, may enter Into one or more
agreements (I) with the City of College Station or State of Texas or Brazos County, with
respect to (1) the Landscaping and maintenance of portions of public streets, highways or
rights of way, or (2) the dedication of any drainage basin, park or other common area
within the property for municipal maintenance, or (II) with the City of College Station with
respect to landscaping and maintenance of portions of utility easements. The Association
shall accept, without further requirement or documentation, said agreement and the
requirements and benefits associated therewith, for any agreement reached by the
Declarant.
First Amended and Restated Declaration of Covenants, Conditions, 19
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
5.08 Indemnification. The Association shall Indemnify any director, officer, or member of a
committee duly appointed pursuant to the Articles or Bylaws who by reason of the fact that
such person Is or was a director, officer or member of such a committee of the Association
was, is, or Is threatened to be made, a named defendant or respondent in (I) any
threatened, pending, or completed action, suit or proceeding, whether civil, criminal,
administrative, arbitrative, or investigative, (ii) any appeal in such an action, suit, or
proceeding, and (Ili) any Inquiry or investigation that could lead to such an action, suit, or
proceeding (hereinafter a "Proceeding "), and against all judgments, penalties (including
excise and similar taxes), fines, settlements, and reasonable expenses actually incurred by
the person in connection with any such Proceeding to the fullest extent permitted by the
Texas Non -Profit Corporation Act, as amended and in effect from time to time. Such
authorization of indemnification shall be deemed to be mandatory and deemed to constitute
authorization of indemnification and advancement of expenses to the fullest extent
permitted by the Texas Non- Profit Corporation Act, as amended and in effect from time to
time,
ARTICLE 6
ARCHITECTURAL COMMITTEE
6.01 Membership of Architectural Committee. The Architectural Committee shall consist of not
more than three (3) voting members ( "Voting Members ") and such additional nonvoting
members serving In an advisory capacity ( "Advisory Members") as the Voting Members
deem appropriate. The following persons are hereby designated as the Voting Members
of the Architectural Committee: Wallace Phillips, Heath Phillips, and Guillermo Torres.
6.02 Action by Architectural Committee. Items presented to the Architectural Committee shall
be decided by a majority vote of the Voting Members.
6.03 Advisory Members. The Voting Members may from time to time designate Advisory
Members,
6.04 Term. Each member of the Architectural Committee shall hold office until such time as he
or she has resigned or has been removed or his or her successor has been appointed as
provided herein.
6.05 Declarant's Rights of Appointment. Until the Transition Date as defined in Section 5,03(6),
Declarant, its successors or assigns shall have the right to appoint and remove all Voting
Members of the Architectural Committee, which persons need not be drawn from
Association Members. Notwithstanding the preceding sentence, Declarant may delegate
Its right of appointment, or any portion thereof, to the Board by written Instrument before
such date. Whenever the Transition Date occurs, thereafter, the Board shall have the right
to appoint all Voting Members. At such time as the Board gains the right to appoint and
remove Voting Members of the Architectural Committee, or any portion of this right, a
majority of the Voting Members so appointed shall be drawn from Members of the
Association. Advisory Members shall, when reasonably possible, be drawn from Members
of the Association,
First Arnended and Restated Declaration of Covenants, Conditions, 20
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
� I
6,06 Adoption of Rules. The Architectural Committee may adopt such procedural and
substantive rules, not in conflict with this Declaration, as it deems necessary or proper for
the performance of its duties, including but not limited to a building code, a fire code, a
housing code, and other similar codes,
6.07 Review of Proposed Construction, Whenever in this Declaration the approval of the
Architectural Committee is required, the Architectural Committee shall have the right to
consider all of the Plans and Specifications for the Improvement or proposal in question and
all other facts that, in its sole and absolute discretion, are relevant. Except as otherwise
specifically provided herein, prior to the commencement of any construction of any
Improvement on the Property or any portion thereof, the Plans and Specifications therefor
shall be submitted to the Architectural Committee, and construction thereof may not
commence unless and until the Architectural Committee has approved such Plans and
Specifications. Until receipt by the Architectural Committee of any Information or document
deemed necessary by the Architectural Committee, it may postpone review of any Plans
and Specifications submitted for approval. Upon receipt of all necessary information, the
Architectural Committee shall consider and act upon any and all Plans and Specifications
submitted for its approval pursuant to thls Declaration, and perform such other related
duties assigned or authorized by this Declaration, including at Its option Inspection of
construction in progress to assure its conformance with previously approved Plans and
Specifications, The Architectural Committee shall have the express authority to perform
fact - finding functions hereunder and shall have the power to construe and Interpret any
covenant herein that may be vague, indefinite, uncertain or capable of more than one
construction. The Architectural Committee may, In Its review of Plans and Specifications
and such other information as It deems proper, consider whether any proposed
Improvement upon a Lot would unreasonably obstruct the view from other portions of the
Property. The Architectural Committee may, but shall not be required to, disapprove any
Improvement upon any Lot that would unreasonably obstruct the view from any other
portion of the Property. No Improvement shall be allowed on any Lot which is of such size
or architectural design or involves the use of such landscaping, color schemes, exterior
finishes and materials and similar features as to be incompatible with residential
development within the Property and the surrounding area. The Architectural Committee
shall have the authority to disapprove' any proposed Improvement based upon the
restrictions set forth In the preceding sentence and the decision of the Architectural
Committee shall be final and binding so long as it is made in good faith. The Architectural
Committee shall not be responsible for reviewing any proposed Improvement, nor shall Its
approval of any Plans and Specifications be deemed an endorsement, from the standpoint
of structural safety, engineering soundness, or conformance with building or other codes
not of its authorship.
6.08 Actions of the Architectural Committee. The Architectural Committee may, by resolution
unanimously adopted in writing, designate one or two of its members or an agent acting
on its behalf to take any action or perform any duties for and on behalf of the Architectural
Committee. In the absence of such designation, the vote of a majority of all the members
of the Architectural Committee taken without a meeting shall constitute an act of the
Architectural Committee,
First Amended and Restated Declaration of Covenants, Conditions, 21
and Restrictions of The Barracks at Rock Prairie and
The Barracks 1I (additional land)
• •
6,09 No Waiver of Future Approvals. The approval or consent of the Architectural Committee
of any Plans and Specifications for any work done or proposed, or in connection with any
other matter requiring the approval or consent of the Architectural Committee, shall not be
deemed to constitute a waiver of any right to withhold approval or consent as to any other
Plans and Specifications, or other matter whatever, subsequently or additionally submitted
for approval or consent by the same or a different person.
6.10 Work in Progress. The Architectural Committee may at Its option inspect all work In
progress to insure compliance with approved Plans and Specifications.
6.11 No Liability for Architectural Committee Members. Neither the Architectural Committee nor
any member thereof shall be liable to the Association or to any Owner or to any other
person for any loss, damage or injury arising out of their being in any way connected with
the performance of the Architectural Committee's duties under this Declaration unless due
to the willful misconduct or bad faith of the Architectural Committee or Its members, as the
case may be. Neither the Architectural Committee nor any member thereof shall be liable
to any Owner due to the construction of any Improvements within the Property, or the
creation thereby of any obstruction of the view from such Owner's Lot or Lots.
6.12 Address. Plans and Specifications shall be submitted to the Architectural Committee in care
of Heath Phillips, 4490 Castlegate Drive, College Station, Texas 77845, or In care of such
other person at such other address as may be designated by Declarant or the Board, as the
case may be, from time to time.
6.13 Failure to Act. In the event the Architectural Committee or its designated representative
falls to approve or disapprove any Plans and Specifications within ten (10) days after the
same have been submitted to it, complete with all other Information requested by the
Architectural Committee in connection with such submission, approval shall be assumed.
6.14 Variances. Notwithstanding any other provision of this Declaration, in order to prevent
undue hardship upon the Owner or Owners of any individual Lot or Lots upon the Property,
variance from any restrictions set out In this Declaration may be granted by a unanimous
decision of the Architectural Committee In a written Instrument to be duly acknowledged,
if and when such a variance shall ever be granted.
6,15 Governmental Agency Approval. Nothing in this Declaration shall be construed to relieve
any Owner from securing such approvals, certificates and/or permits as may be required
by law in connection with the construction of any Improvements on any Lot.
6.16 Relationship with Association, The Architectural Committee has been created pursuant to
this Declaration to perform certain functions specified herein relating to the review and
approval of Plans and Specifications for Improvements built on the Property. The
Architectural Committee does not exercise the authority of the Board, and shall not do so
unless and until (I) the Board shall have duly appointed a majority of Board members to
the Architectural Committee, and (11) the Board shall by unanimous resolution, duly
recorded In the records of the Association, make the Architectural Committee a committee
of the Board in accordance with the Texas Non -Profit Corporation Act.
First Amended and Restated Declaration of Covenants, Conditions, 22
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
ARTICLE 7
FUNDS AND ASSESSMENTS
7.01 Assessments,
(A) The Association may from time to time levy Assessments against each Lot whether
or not Improved. The level of Assessments shall be equal and uniform between all Lots,
provided, however, that no Assessments hereunder shall be levied against Declarant.
(B) Where the obligation to pay an Assessment first arises after the commencement of
the year or other period for which the Assessment was levied, the Assessment shall be
prorated as of the date when said obligation first arose in proportion to the amount of the
Assessment year or other period remaining after said date.
(C) Each unpaid Assessment together with such interest thereon and costs of collection
thereof as hereinafter provided, shall be the personal obligation of the owner of the Lot
against which the Assessment falls due, and shall become a lien against each such Lot and
all Improvements hereon. The Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
7.02 Maintenance Fund. The Board shall establish a maintenance fund Into which shall be
deposited all monies paid to the Association and from which disbursements shall be made
in performing the functions of the Association under this Declaration. The funds of the
Association must be used solely for purposes authorized by this Declaration, as it may from
time to time be amended.
7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall
estimate the expenses to be Incurred by the Association during such year in performing its
functions under The Barracks Residential Restrictions, Including but not limited to the cost
of all cable television, broadband Internet, construction costs of amenities in Common
Areas, note payments, entry ways, landscaping, greenbelts, painting, fence staining,
common areas, median strip, and right -of -way maintenance, the cost of enforcing The
Barracks Residential Restrictions, and a reasonable provision for contingencies and
appropriate replacement reserves, less any expected income and any surplus from the prior
year's funds. Assessments sufficient to pay such estimated note payments, cable television
services, broadband Internet, and other expenses shall then be levied as herein provided,
and the level of Assessments set by the Board shall be final and binding so long as it is
made in good faith. Inclusion of the charges for cable television and broadband Internet
in Assessments is not optional for an Owner, even if the Owner does not use such services.
If the sums collected prove Inadequate for any reason, Including nonpayment of any
individual Assessment, the Association may at any time, and from time to time levy further
Assessments In the same manner as aforesaid. All such regular Assessments shall be due
and payable to the Association at the beginning of the fiscal year or during the fiscal year
in equal monthly Installments on or before the first day of each month, or in such other
manner as the Board may designate in its sole and absolute discretion.
First Amended and Restated Declaration of Covenants, Conditions, 23
and Restrictions of The Barracks at Rock Prairie and
The Barracks IT (additional land)
• •
7,04 Special Assessments. In addition to the regular annual Assessments provided for above,
the Board may levy special Assessments whenever in the Board's opinion such special
Assessments are necessary to enable the Board to carry out the mandatory functions of the
Association under The Barracks Residential Restrictions. The amount and due date of any
special Assessments shall be at the reasonable discretion of the Board.
7,05 Owner's Personal Obligation for Payment of Assessments. The regular and special
Assessments provided for herein shall be the personal and individual debt of the owner of
the Lot covered by such assessments. Except as otherwise provided In Section 7.01(A)
hereof, no Owner may exempt himself from liability for such Assessments. In the event of
default in the payment of any such Assessment, the owner of the Lot shall be obligated to
• pay interest at the highest rate allowed by applicable usury laws then in effect on the
amount of the Assessment from due date thereof (or If there is no such highest rate, then
at the rate of 1 -1/2% per month), together with all costs and expenses of collection,
including reasonable attorney's fees.
7.06 Assessment and Fine Lien and Foreclosure. Ali sums assessed in the manner provided in
this Article but not paid by the Owner, and all fines assessed by the Board in the manner
provided in Section 5.04, shall, together with interest as provided in Section 7.05 hereof
and the cost of collection, Including attorney's fees as herein provided, thereupon become
a continuing lien and charge on the Lot covered by such Assessment or fine, which shall
bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal
representatives, successors or assigns. The aforesaid lien shall be superior to all other liens
and charges against the said Lot, except only for tax Hens and all sums unpaid on a first
mortgage lien or first deed of trust filed of record, securing in either instance sums
borrowed for the acquisition or improvement of the Lot in question. The Association shall
have the power to subordinate the aforesaid Assessment and Fine lien to any other lien.
Such power shall be entirely discretionary with the Board and an officer of the Association,
duly authorized by the Board, shall effectuate such subordination. To evidence an
Assessment and Fine lien, the Association may prepare a written notice of Assessment and
Fine lien setting forth the amount of the unpaid indebtedness, the name of the Owner of
the Lot covered by such lien, and a description of the Lot. Such notice shall be signed by
an officer of the Association, duly authorized by the Board, and shall be recorded in the
office of the County Clerk of Brazos County, Texas. Such lien for payment of Assessments
or Fines shall attach with the priority above set forth from the date such payment becomes
delinquent, and may be enforced subsequent to the recording of a notice of Assessment
and Fine Ilen as provided above, by the foreclosure of the defaulting Owner's Lot by the
Association In like manner as a mortgage on real property, or the Association may institute
suit against the Owner personally obligated to pay the Assessment or Fine and /or for
foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial
or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable
attorney's fees incurred by the Association, The Association shall have the power to bid on
the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey
or otherwise deal with the same. Upon the written request of any Mortgagee, the
Association shall report to said Mortgagee the status of any Assessments or Fines relating
to the Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days after
due.
First Amended and Restated Declaration of Covenants, Conditions, 24
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
ARTICLE 8
EASEMENTS
8,01 Reserved Easements. Ail dedications, limitations, restrictions, and reservations shown on
any plat covering all or any portion of the Property and all grants and dedications of
easements, rights -of -way, restrictions, and related rights made by Declarant prior to the
Property becoming subject to this Declaration, are incorporated herein by reference and
made a part of this Declaration for all purposes as If fully set forth herein, and shall be
construed as being adopted In each and every contract, deed or conveyance executed or
to be executed by or on behalf of Declarant conveying any part of the Property. Declarant •
also reserves and declares a maintenance and irrigation easement for the Association on
and across the Front Lawn of each Lot, which area shall be Common Areas, although fee
title shall remain in each Owner. Declarant reserves the right to make changes in and
additions to the said easements and rights -of -way for the purpose of most effectively,
efficiently and economically developing and marketing the Property. Further, Declarant
reserves the right, without the necessity of the joinder of any owner or other person or
entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time,
common areas, rights -of -way and easements for public utility purposes (including, without
limitation, gas, cable, water, electricity, telephone and drainage), in favor of any person or
entity, along and on either or both sides of any Lot line, any such easement having a
maximum width of five feet (5') on each side of any Lot line.
8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and
drainage facilities are reserved as shown on the recorded plat. Within these easements,
if any, no structure or other material shall be placed or permitted to remain which may
damage or Interfere with the installation and maintenance of utilities; or in the case of
drainage easements, which may change the direction or flow of water through drainage
channels in such easements. The easement area of each Lot, if any, and all Improvements
in such area shall be maintained continuously by the Owner of the Lot, except for those
Improvements for which a public authority or utility company is responsible and except for
the Association Maintenance Areas. Neither Declarant nor any utility company using the
easements herein or referred to shall be liable for any damages done by them or their
assigns, agents, employees, or servants to shrubbery, trees, lawns or flowers or other
property of the Owners situated on the land covered by said easements.
8.03 Surface Areas, The surface of easement areas for underground utility services may be used
for planting of shrubbery, trees, lawns or Flowers. However, neither the Declarant nor any
supplier of any utility service using any easement area shall be liable to any Owner or to
the Association for any damage done by them or either of them, or their respective agents,
employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity
reasonably relating to the construction, maintenance, operation or repair of any facility in
any such easement area.
8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water
flow, as contours of land and the arrangement of Improvements approved by the
Architectural Committee thereon require. Each Owner further covenants not to disturb any
trees or other vegetation within the drainage easements as defined In this Declaration and
shown on the Plat. There shall be no construction of Improvements, temporary or
First Amended and Restated Declaration of Covenants, Conditions, 25
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
permanent, in any drainage easement, except as may be approved in writing by the
Architectural Committee.
8.05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots
and the Common Areas for the purpose of enforcing The Barracks Residential Restrictions
in accordance with Section 5.04(E) hereof, and for the construction of a common cable
television system, a common sprinkler system, maintenance of landscaping, or any other
item for the common benefit of the Owners. An easement is further granted for the
purpose of repairing and maintaining any such system so constructed, An entry upon any
Lot or the Common Areas to effectuate the foregoing purposes shall not be deemed as
trespass.
ARTICLE 9
MISCELLANEOUS
9.01 Term. This Declaration, Including all of the covenants, conditions, and restrictions hereof,
shall run until December 31, 2052, unless amended as herein provided. After December
31, 2052, this Declaration, including all such covenants, conditions, and restrictions shall
be automatically extended for successive periods of ten (10) years each, unless amended
as provided in Section 9,03 below or terminated by a written instrument executed by the
Owners of at least three - fourths (3/4) of the Lots within the Property then subject to this
Declaration, and filed of record in the Official Records of Brazos County, Texas.
9.02 Dissolution. Upon termination of this Declaration In accordance with Section 9.01 above,
the Association shall be dissolved. In the event of any such dissolution of the Association,
other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to any appropriate public agency to be used for purposes similar to those of the
Association with respect to the Common Areas. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any nonprofit
corporation, association, trust or other organization to be devoted to such similar purposes.
9.03 Amendment.
(A) By Declarant. This Declaration may be amended by the First Declarant and Second
Declarant, acting together, but not requiring the action of any other Owner, until December
31, 2032, and thereafter for so long as Declarant holds a majority of the votes of the
Association. No amendment by Declarant shall be effective until there has been recorded
in the Official Records of Brazos County, Texas, an Instrument executed and acknowledged
by Declarant and setting forth the amendment, and, if amended after December 31, 2032,
an instrument executed and acknowledged by the Secretary of the Association, certifying
that the Declarant had the requisite number of votes.
(8) By Owners. In addition to the method in Section 9.03 (A), after December 31,
2032, this Declaration may be amended by the recording in the Official Records of Brazos
County of an instrument executed and acknowledged by the President and Secretary of the
Association setting forth the amendment and certifying that such amendment has been
approved by Owners entitled to cast at least sixty percent (60 %) of the number of votes •
entitled to be cast pursuant to Section 5.03 hereof.
First Amended and Restated Declaration of Covenants, Conditions, 26
and Restrictions of The Barracks at Rock Prairie and
The Barracks II (additional land)
•
9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and may
be delivered either personally or by mail, If delivery is made by mail it shall be deemed to
• have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a
copy of the same has been deposited in the United States mail, postage prepaid, addressed
to the person at the address given by such person to the Association for the purpose of
service of notices, Such address may be changed from time to time by notice in writing
given by such person to the Association.
9.05 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate
the purposes of creating a uniform plan for the development and operation of the Property
and of promoting and effectuating the fundamental concepts of the Property set forth In
this Declaration. This Declaration shall be construed, governed and enforced under the
laws of the State of Texas.
9.06 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary,
neither Declarant nor any of Declarant's activities shall In any way be subject to the control
of or under the jurisdiction of the Architectural Committee, Without in any way limiting the
generality of the preceding sentence, this Declaration shall not prevent or limit the right of
Declarant to (I) excavate and grade, (ii) construct and alter drainage patterns and facilities,
(ill) construct any and all other types of Improvements, sales and leasing offices, and
similar facilities, and (iv) post signs Incidental to construction, sales, and leasing anywhere
within the Property.
9.07 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary,
Declarant may assign, in whole or In part, any of its privileges, exemptions, rights, and
duties under this Declaration to any other person or entity and may permit the
participation, in whole or in part, by any other person or entity in any of its privileges,
exemptions, rights, and duties hereunder.
9.08 Enforcement and Nonwalver.
(A) Right of Enforcement. Except as otherwise provided herein, any Owner at his own
expense, Declarant, and /or the Board shall have the right to enforce any and all of the
provisions of The Barracks Residential Restrictions, Such right of enforcement shall include
both damages for, and injunctive relief against, the breach of any such provision.
(8) Nonwalver. The failure to enforce any provision of The Barracks Residential
Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any
such provision or any other provision of said restrictions,
(C) Liens. The Association shall have the right, when appropriate In this judgment, to
claim or impose a lien upon any Lot or Improvement constructed thereon in order to
enforce any right or effect compliance with this Declaration,
First Amended and Restated Declaration of Covenants, Conditions, 27
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
1
•
9.09 Construction.
(A) Restrictions Severable, The provisions of The Barracks Residential Restrictions shall
be deemed independent and severable, and the invalidity or partial invalidity of any
provision or portion thereof shall not affect the validity or enforceability of any other
provision or portion thereof.
(B) Singular Includes Plural. Unless the context requires a contrary construction, the
singular shall include the plural and the plural the singular; and the masculine, feminine or
neuter shall each Include the masculine, feminine, and neuter.
(C) Sole and Absolute Discretion, Notwithstanding anything herein to the contrary,
whenever a party to this Declaration Is entitled to exercise Its "sole and absolute
discretion ", such discretion may be exercised by that party for any reason or for no reason,
whether such discretion is arbitrary, uncontrolled or unreasonable. Any parties' exercise
of Its "sole and absolute discretion" shall be final and shall not be subject to appeal or be
subject to adjudication by a court of law, arbitration, mediation, or otherwise,
(D) Captions. All captions and titles used In this Declaration are intended solely for
convenience of reference and shall not enlarge, limit or otherwise affect that which is set
forth in any of the paragraphs, sections or articles.
(E) Deadlines on Business Day, If any deadline in this Declaration should fall on a
Saturday, Sunday or a Texas or federal holiday, such deadline shall automatically be
extended to the next business day.
(F) Choice of Law. This Declaration shall be construed in accordance with the laws of
the State of Texas.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of this k\ \11\, day of
M , 2012.
DECLARANT:
GREENS PRAIRIE INVESTORS, LTD,
By: Greens Prairie Associates, LLC, its general partner
By: / ,� i
Wallace Phillips, Member
1
First Amended and Restated Declaration of Covenants, Conditions, 28
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• •
HEATH PHILLIPS INVESTMENTS, LLC
By.
Heath Phillips, Manager
STATE OF TEXAS §
COUNTY OF BRAZOS §
This Instrument was acknowledged before me on the \ \' day of
2012, by Wallace Philips, Member of Greens Prairie Associates, LLC, general partner o KEENS
PRAIRIE INVESTORS, LTD., on behalf of said partnership, in the capacity therein stated.
r•BY TOY MAYS
* 4,_ _* Notary Public, Stale of Texas
My C o mm is s ion • Expires
.FS - SEPTEMBER 9, 2013 !'
Notary Pubic, .fate o Tea
STATE OF TEXAS §
COUNTY OF BRAZOS § `
This instrument was acknowledged before me on the 1 day of
2012, by Heath Philips, Manager of HEATH PHILLIPS INVESTMENTS, LLC, a Texas Iimlte liability
company, on behalf of said company and in the capacity herein stated.
t_ YP BRENNA WILKINS `
i * ` * Notary Public, State of Texas F r
+ My Commission Expires F Notary Public, State of Texas
t -4 . P MAY 12, 2012
First Amended and Restated Declaration of Covenants, Conditions, 29
•
and Restrictions of The Barracks at Rock Prairie and
The Barracks 11 (additional land)
• 0 I
I
I
I
CONSENT AND SUBORDINATION BY LIENHOLDER
1
American Momentum Bank Is the owner of a lien against certain portions of the Property,
and by Its execution hereof, hereby consents to the First Amended and Restated Declaration of 1
Covenants, Conditions, and Restrictions of The Barracks at Rock Prairie and The Barracks II and
subordinates its lien to the restrictions of the First Amended and Restated Declaration of
Covenants, Conditions, and Restrictions of The Barracks at Rock Prairie and The Barracks II
hereinabove amended and restated and agrees that a deed In Ileu of foreclosure or a foreclosure
of Its lien will not terminate or otherwise affect the First Amended and Restated Declaration of
Covenants, Conditions, and Restrictions of The Barracks at Rock Prairie and The Barracks II .
DATED this f / day of Pill a t/ , 2012
AMERICAN MOMENTUJH
By: I _ - -- -
Johrr:ush, v
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This Instrument was acknowledggd before me on the I day of A-7 , 2012,
by John Bush, V mot 1/ e ; A A — of AMERICAN MOMENTUM BANK, on behalf of said
banking institution.
J
� I _ • i
" MrussSEDwArms Notary Public, State of Texas
t o , F MY COMMISSION EXPIRES
(��. 18
4 � .>:S;;b�'` ` rnber ,2015
i
r I
AFTER RECORDING RETURN TO:
Cully Lipsey 1
Hoelscher, Lipsey & Elmore, P.C.
1021 University Drive East ■
College Station, Texas 77840
File 1{070443
IREIUSE'RILISAIWPDOCSttDECMR TIONS17he Barracks /First Amended CCRs (J)
First Amended and Restated Declaration of Covenants, Conditions, 30
and Restrictions of The Barracks at Rock Prairie and '
The Barracks 11 (additional land) 1
r