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Cut j ..:lation, Texas 77841
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THE STATE OF TEXAS § 3
§ 9
COUNTY OF BRAZOS § 3
3
DECLARATION
OF 0
COVENANTS, CONDITIONS
1
RESERVATIONS AND RESTRICTIONS 8
OF 4
RIVER PLACE SUBDIVISION PHASE I
WHEREAS, ROBO INVESTMENTS, INC., A TEXAS CORPORATION
( "ROBO "), is the owner of all that certain tract of land in Brazos County, Texas, which
has been heretofore platted, subdivided and designated as RIVER PLACE
SUBDIVISION PHASE 1 according to the map or plat thereof filed of record in Vol,
3916 Page 201 in the Official records of the County Clerk of Brazos County, Texas;
WHEREAS, ROBO desires to create and provide for the development
improvement and maintenance of RIVER PLACE SUBDIVISION PHASE I, for the
mutual benefit and pleasure of the present and future property owners in such
subdivision, and to protect the property values within such subdivision by imposing upon
and against all of the designated lots therein the covenants, reservations and other
provisions hereinafter set forth; and
NOW THEREFORE, ROBO does hereby make, adopt and establish the following
reservations, restrictions, declarations, casements, limitations, charges, agreements,
covenants, conditions and stipulations, each of which shall be applicable to RIVER •
PLACE SUBDIVISION which compromises all of the designated Tots in Blocks One (1)
and Two (2) therein according to the map or plat thereof filed in record at the office of
the County Clerk of Brazos County, Texas.
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DEFINITIONS
1. The following terms when used hcrein shall have the following meanings:
a. "ROBO" shall mean ROBO INVESTMENTS, INC., a Texas Corporation, its
successors and assigns.
b. "RIVER PLACE" shall mean the RIVER PLACE SUBDIVISIONS PHASE I.
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c. "SUBDIVISION" shall mean RIVER PLACE SUBDIVISION PHASE I, 3
which consists of all of the designated LOTS in Block One (1) and Two (2), 9
according to the map or plat thereof filed of record in Vol. 3916 Page 201 of
the County Clerk of Brazos County Texas.
d. "RECORDING DATE" shall mean the date upon which this document is filed
of record with the County Clerk of Brazos County, Texas.
c. "LOT" or "PARCEL" shall mean those plots of land shown on the map or plat
of the SUBDIVISION filed of record with the Clerk of Brazos County, Texas, 0
with the exception of those plots of land designated as Reserve Tracts, and 1
reservations hereinafter made. 8
f. "OWNER" shall mean and refer to the record OWNER, whether one (1) or 5
more PERSONS) or entities of the fee simple title to any LOT in the
SUBDIVISION, or any part or interest therein. OWNER shall not mean or
refer to any mortgagee, under any applicable theory of mortgage, unless and
until such mortgagee has acquired legal title pursuant to foreclosure or any
proceeding in lieu of foreclosure. The term OWNER shall further include any
PERSON or entity claiming title to any LOT or portion thereof by adverse
possession; any PERSON or entity leasing, renting or otherwise occupying
any LOT or part thereof; and/or any PERSON or entity claiming interest in a
LOT or part thereof under a contract of sale.
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g. "COMMITTEE" shall mean and/or refer to thc Architectural Control
Committee established under thc provisions of this document, its successors t l
and assigns. i
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h. "ASSOCIATION" shall mean and refer to RIVER PLACE ASSOCIATION, l
INC., a Texas non - profit corporation, provided for in this document, its .
succcssors and assigns. j
i. "COMMON AREAS" shall mean all real property owned by the
ASSOCIATION for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT" shall mean every structure and all appurtenances thereto
of every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping, .
poles, signs, exterior air conditioning, water softener fixtures or equipment,
pumps, walls, tanks, reservoirs, pipcs, meters, antennae towers and/or other
facilities used in connection with water, sewer, gas, electric, telephone,
regular or cable television, satellite, t.v. antennas, and/or other utilities.
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k. "PERSON(S)" shall refer to any natural person, individual(s), and/or any j ; y
other entity unless the context indicates otherwise having the legal right to
hold title to read property.
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I. "PLANS" and "SPECIFICATIONS" shall mean any and all documents 3
designated to guide or control the construction or erection of any 9
IMPROVEMENT, including, but not limited to, those indicating location,
size, shape, configuration, materials, site plans, excavation and grading plans, 3
foundation plans, drainage plans, landscaping and fencing plans, elevation
drawings, floor plans, specifications on all buildings products and
construction techniques, samples of exterior colors, plans for utility services,
and all other documentation or information relevant to such 0
IMPROVEMENT. 0
m. References to the singular shall include the plural, and the plural shall include 1
the singular. 8
n. Terms utilizing bold, capital letters arc used as defined terms. Terms utilizing 6
regular upper and lower class casing are used generically unless otherwise
indicated.
II
RESERVATIONS
1. In so authenticating said map or plat for record and in so dedicating the use of the
streets (whether such thoroughfares are referred to as drives, avenues, roads, lanes, ways,
parkway, boulevards, or streets) as shown thereon to the public for ordinary roadway
purposes only, there was reserved and there is hereby expressly reserved in ROBO the
following rights, titles, and easements (hereinafter collectively called "Reservations ").
Reservations used herein shall be referred to as a part of and construed as being adopted
in each and every contract of sale, deed or instrument of conveyance executed or to be
executed by or on behalf of ROBO conveying any property in the SUBDIVISION or any
part thereof:
a. The legal and fee simple title in and to each and all of said streets as shown on
said map or plat is hereby reserved in ROBO subject to the Limited dedication
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of the use of streets, not marked as private by the letters "Pvt.," to the public
for ordinary roadway purposes only.
b. ROBO reserves for itself, its successors and assigns, a perpetual nonexclusive
easement to lay, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such water, sanitary sewer and storm
pipes, gas pipes, mains and conductors and all appurtenances thereto relevant
to the operation of waterworks, sanitary sewer, storm sewer and/or drainage
systems as it may from time to time desire, in, along, under, over, across and
through all of the streets, both public and private, in the SUBDIVISION.
Such pipes, mains and conductors, lines, wires, conduits and appurtenances
shall be buried to such reasonable depths as will not interfere with the use of
the streets for ordinary roadway purposes.
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c. ROBO reserves for itself, its successors and assigns, title in and to all water, 3
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors, 9
all appurtenances thereto; and all electric distribution, communication lines, 3
wires, conduits and all appurtenances thereto constructed by ROBO or its •
agents in all of said streets in the SUBDIVISION, together with a perpetual 3
easement to operate, maintain, inspect, repair, rcconstruct, change the size of
and remove such pipes, mains and conductors, lines, wires, conduits and
appurtenances thereto, as it or they may from time to time desire. 0
d. ROBO reserves for itself, its successors and assigns, a perpetual utility
easement in, along, under, over, across, and through a ten- (10) foot strip 1
around the entire perimeter of each PARCEL in the SUBDIVISION. The ten 8
(10) foot strip shall be measured from the property line of each PARCEL 7
inward. With respect to such easement, ROBO shall have the right to
construct, operate, maintain, inspect, reconstruct, multiply, change the size of
and remove such utility lines and facilities (including without limitation of the
generality thereof, water, sanitary sewer, storm sewer, drainage pipes, gas
pipes, mains and conductors, and all appurtenances thereto; electric
distribution and communication lines, fiber optic lines, wires, conduits, guy
wires, poles, connections and all appurtenances thereto), as it or they may
from time to time desire, together with the right of ingress and egress thereto.
The utility casements hereby reserved are easements ten feet (10') wide at and
below normal ground level, extending upward to a plane one hundred twenty j
feet (120') above the ground, and from said plane and easements twenty feet
(20') in width, extending five feet (5') in width adjacent to and on both sides
of the utility casements on each PARCEL. ROBO further reserves the
exclusive right to grant franchises and casements to other utility OWNERS to
lay, construct, operate, maintain, inspect, reconstruct, change the size of,
multiply and remove such utility lines, as described above, in such utility
casements. These utility easements are not dedicated to the public in any
manner.
ROBO further reserves for itself, its successors and assigns, a perpetual
drainage easement that shall be coextensive with the above described ten -foot
(10') utility easements.
ROBO further reserves for itself, its successors and assigns, a perpetual
electrical utility easement located along all streets, both public and private, in
the SUBDIVISION. Said electrical casement shall be ten feet (10') wide at
ground level, extend upward to a plane one hundred twenty feet (120') above
the ground and from said plane, and upward the easement is twenty feet (20')
wide.
e. ROBO reserves for itself, its successors and assigns the right to make minor
changes in and additions to the utility easements hereinabove described for the
purposes of more efficiently and economically installing the
IMPROVEMENTS.
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f. The conveyance by ROBO of any PARCEL in the SUBDIVISION by 3
contract, deed or other instrument of conveyance shall not in any event be 9
held or construed to include any of the rights, titles and casements heretofore
reserved in any of the foregoing paragraphs, nor the title to water, gas, 3
sanitary sewer, storm sewer, drainage, electric light, poles or conduits, pipes,
mains and/or any other utilities or appurtenances thereto constructed by its
agents, in, along, under, through; over across, or upon such casements, •
property, or any part thereof, of any other section of ROBO. The right to sell 0
and lease or otherwise transfer all such rights, titles, easements, utilities and
appurtenances is expressly reserved in R0130. i
2. The foregoing Reservations of rights and easements shall not obligate ROBO to
exercise any of such reserved rights and easements.
3. The invalidity, abandonment or waiver of any one or more of the foregoing
Reservations, any sentence, clause, and/or part thereof shall not affect the remaining
Reservations, sentences, clauses and/or parts thereof, which shall remain in full forcc
and effect.
III
RESTRICTIONS
1. For the purpose of creating and carrying out a uniform plan for the parcelling and
sale of RIVER PLACE as a district set aside for residential homes and certain t+
other uses accessory thereto. The following restrictions, including without
limitation restrictions, covenants, declarations, easements, limitation, charges,
agreements, and conditions (hereafter collectively called the "Restrictions"), are
hereby established and adopted to apply uniformly to use, occupancy and
conveyance of all the PARCELS in RIVER PLACE. Every contract, decd or
conveyance which may be hereafter executed with regard to any of the property in
the SUBDIVISION shall be conclusively deemed to have been executed,
delivered and accepted subject to the following Restrictions, even if the
Restrictions are not set out in full and are not incorporated by reference in such
contracts of salt, deed, lease, or other transfer of interest in any such PARCEL.
A. BUILDING AND CONSTRUCTION RESTRICTIONS
1. Except as otherwise herein provided, each PARCEL in the
SUBDIVISION shall be used only for non - commercial residential and
recreational purposes. Only single family residential dwellings and
appurtenances ordinary to residential living shall be permitted. To this
end, without limitation, the following structures may not be built on
any PARCEL in the Residential portion of the SUBDIVISION:
hospitals, clinics, rest homes, duplex houses, apartment houses, garage
apartments for Lease to the general public , mobile homes, hotels, or
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any retail, wholesale, or other business or commercial establishment of 3 •
any kind or nature; 9
2. No residence shall be constructed on any I'ARCEL that has an under 3
roof living area of less than the following square feet, excluding 3
porches, garages, patios and the like:
a. Lots 36 -44 Block One (1) — 3000sq ft
b. Lots 24 -35 Block One (1) — 2800 sq ft 0
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c. Lots 1-5 Block One (1)- 2600sgft 8
d. Lots 1 -4 Block Two (2) — 2600 sq ft 9
3. No IMPROVEMENT greater than thirty -two (32) feet in height may
be constructed on any LOT without the prior written approval of the
COMMITTEE. For purposes of this paragraph, height shall be •
measured from the foundation slab of the proposed IMPROVEMENT
to the ridge line of the roof of the proposed IMPROVEMENT;
4. All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows
and similar openings) shall be constructed of at least sixty -five percent
(65 %) masonry or other material specifically approved in writing by
the COMMITTEE. Masonry includes ceramic tile, brick, rock, stucco
and all other materials commonly referred to in the College Station,
Texas arca as masonry. The use of prefabricated materials, including
antique homes moved from other locations, shall not be allowed;
5. The surface of all roofs of principal and secondary structures shall be
wood shingle, shakes, tile, quality composition shingle, or approved
metal roof. The COMMITTEE shall have authority to approve other
roof treatments and materials if the form utilized will not be a t
detriment to the quality of the neighborhood;
6. 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 COMMITTEE and
approval of such design, including the aesthetics thereof, shall be
required before construction may begin;
7. The COMMITTEE shall have the right to impose limitations on
driveway design, including materials, aprons, location and point of A
contact with dedicated roads, streets or private driveway within the
Property;
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8. All driveways shall be constructed of concrete or asphalt. No gravel 3
rock, limestone, dirt, or other forms of materials shall be permitted. 9
9. The COMMITTEE shall have the right to approve the location of any 3
tank used or proposed in connection with a single family residential 3
structure, including tanks for storage of fuel, water, oil or Liquid
Petroleum Gas "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;
10. OnIy one single family dwelling and appurtenances thereto, such as 9
garages and barns, may be placed or constructed on each of the
PARCELS as platted as of the RECORDING DATE. No tent, shack
or other temporary building, IMPROVEMENT or structure shall be
placed upon the Property without the prior written approval of the
COMMITTEE; provided however, that the COMMITTEE may
maintain or authorize temporary structures necessary for storage of
tools and equipment, and for office space for architects, buildings and
foremen on the Property during any period of actual construction,
which authorization, if given, shall include the nature, size, duration
and location of such structure or structures;
11. No Eighteen (18) Wheel Tractor Trailer Trucks shall be allowed to
park in the subdivision or on any Lot.
12. No building or structure, except fences, shall be located on any
PARCEL nearer to the front property line than fifty feet (50'), or
nearer to either side of the property line than twenty -five feet (25'), or
nearer to the back property line than fifty feet (50');
13. Drainage structures where required undcr private driveways shall have
a net drainage opening area of sufficient size to permit the free flow of
water without back water, and shall be a minimum of eighteen (18)
inch diameter pipe culvert or such larger diameter as the
COMMITTEE shall require. Additionally the pipe shall have a
6 to 1 slope as extended beginning at the exposed portion of the pipe to
the end thereof. Austin Stone or stone resembling Austin Stone as
used on entrance to subdivision shall be used to conceal all portions of
exposed pipe.
14. No building materials of any kind or character shall be placed or stored
on any PARCEL more than thirty (30) days prior to construction of a
building or IMPROVEMENTS are commenced. All materials shall be
placed within the building lines as established above. At the
completion of the building or IMPROVEMENT excess or scrap
material must be immediately removed from the premises;
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15. No stumps, trees, underbrush, refuge of any kind, and/or scrap material 3
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from IMPROVEMENTS being erected on any PARCEL shall be 9
placed on any other PARCEL, or on streets or easements;
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16. Exposed openings resulting from any excavation made of any 3
PARCEL shall be back filled and the disturbed ground shall be leveled
and reseeded with fiber mulch, blanket seeding, or sodding. No
change of elevation on any PARCEL greater than five feet (5') shall be
made without prior approval of the COMMITTEE; 0
17. Each lot must be maintained in an aesthetically pleasing fashion and 1
mowed such that grass does not exceed 10 inches in height. If a lot is 9
not in compliance with this regulation, ROBO or the association may i
mow the premises and bill the lot owner for the cost thereof. Said bill
will be deemed additional Assessments and failure to pay such bill
shall be governed by Article VI Paragraph 2 and Article IX.
18. No residential dwelling shall be built without a State of Texas
approved septic tank or other sewage disposal system that is so
approved; and
19. The COMMITTEE may approve or disapprove, for any reason or no
reason, at its sole discretion any item 1 -19 above.
B. GENERAL RESTRICTIONS :
1. No noxious or offensive trade or activity shall be carried on upon any
PARCEL nor shall anything be done thereon which may be or become
an annoyance or nuisance to the neighborhood;
2. No "commercial activity" of any kind shall be conducted on any LOT
within that portion of the SUBDIVISION affected by this declaration.
"Commercial Activity" shall include but not be limited to, the offering
for sale of any product or service, the manufacture or growth of any
product for purposes of sale without regard to whether such activities •
are conducted in or from residential dwellings or otherwise;
3. No animals, livestock, or poultry of any kind shall be raised, bred,
and/or kept on any LOT within the SUBDIVISION for commercial
purposes. Each PARCEL shall be allowed one animal unit (au) every
one (1) acre or fraction of an acre. No LOT shall have more than 12
animal units, regardless of size of acreage. One animal unit (au) is
defined as:
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l cow = l au
I horse = 1 au
1 dog or cat = '/3 au (Maximum 4 dogs or cats)
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There will be no swine, chickens, ducks, geese, goats, or sheep 3
allowed on any PARCEL within the SUBDIVISION. There will be no 9
wild exotic, or naturally undomesticated animals allowed to be caged
or otherwise kept on any PARCEL within the SUBDIVISION. All
dogs shall be kept on leash, penned, and/or confined to the OWNERS 3
property. No dogs shall be allowed to run loose;
4. No sign(s), except sign(s) advertising property for sale and /or rent (not O
exceeding five (5) square feet in size; advertisement billboard, and/or
advertising structure of any 'kind may be erected or maintained on any •
PARCEL without the consent in writing of the COMMITTEE, ROBO, 1
or members of the COMMITTEE shall have the right to enter and 9
remove any such signs), advertisement and/or billboard and/or 2
structure which is placed on any PARCEL without said 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;
5. No part of the SUBDIVISION shall be used or maintained as dumping
grounds for rubbish, trash, or garbage. Equipment for the storage or
disposal of such material(s) shall be kept in a clean and sanitary
condition. No trailer(s); recreational vehiele(s); tent(s); boat(s); and/or
stripped down, wrecked, junked, or otherwise wholly inoperable
vehicle shall be kept, parked, stored, and/or maintained on any portion
of the driveway and/or front yard in front of the building line of the
permanent structure. Some 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;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds,
or other unsightly obstacles on their PARCELS or on the casements or
on the alley or the streets abutting the same. Each OWNER shall be
responsible for proper disposition of his/her trash or garbage.
OWNERS shall keep the drainage easements free of obstructions;
7. After commencement of construction of any structure or
IMPROVEMENT, the work thereon shall be diligently prosecuted to
the end and the structure or IMPROVEMENT shall not remain in a
partly finished condition any longer than reasonably necessary for
completion thereof;
8. All construction projects shall be completed within 18 months of the
setting of the forms for the foundation. After such time, all tractors,
trailer, and offices must be immediately removed.
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9. All fencing within one hundred feet (100') of any road in the 3
SUBDIVISION, running parallel to the right of way of such road or 9
substantially parallel thereto, shall be of such size, design, material and 3
color as is specifically approved by the COMMITTEE. Visible front
fencing shall be constructed of cedar or any material approved by 3
COMMITTEE. In the event LOT OWNER paints said fence, LOT
OWNER shall maintain fence;
10. No act may be performed which is likely to pollute the air or water in 0
any part of the SUBDIVISION, nor may any property OWNER violate
any ordinance designed to eliminate pollution at that time in force
whether it be State, County or City; 9
11. No firearms or fireworks may be discharged in the SUBDIVISION or 3
on any PARCEL, casement or common area;
12. Representatives of ROBO, the ASSOCIATION, or the COMMITTEE
may from time to time at any reasonable hour, enter and inspect any
part of the SUBDIVISION to ascertain compliance with this document
or any amendments hereto;
13. No oil or gas drilling, development, refining, quarrying or mining 11 .
operations of any kind shall be permitted on any LOT, nor shall any
tanks, tunnels, mineral excavations or shafts be permitted on any LOT.
No derrick or other structures designed for use in boring or drilling for
oil, natural gas, or other minerals shall be erected, maintained or
permitted on any LOT save and except existing locations at time of
plat approval. Notwithstanding the foregoing, each OWNER, by its
acquisition of a parcel of the SUBDIVISION has been, or will be
reserved by third parties or predecessors in title to the Property;
14. Mailboxes shall be erected and maintained on each LOT upon which a
residence is situated, and shall be fixed on masonry stanchions
(columns), approved by the COMMITTEE. No metal or wood post
stands are permitted. Each mailbox shall be new when installed,
constructed of durable steel or aluminum, and of size and shape
conforming to postal authority standards for single family residential
postal depositories. Mailboxes shall be located in accordance with
postal regulations; and
15. The COMMITTEE may approve or disapprove, for any reason or for
no reason, at its sole discretion any item 1 through 13 above.
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C. SPECIAL RESTRICTIONS FOR LOTS 25 -35 BLOCK ONE (1) (LAKE 3
LOTS AND THE USE OF THE LAKE.
1. A Lake of approximately 24 acres is reflected on thc Plat. However 3
ROBO makes no guarantee as to the water level or clarity of the Lake. 3
ROBO reserves the right to pump water into or out of the Lake as it so
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chooses.
2. Any Piers or similar structures must be constructed so as to not 0
protrude more than ten feet (10') from property line or water line
whichever is closer; and 1
3. All piers or docks must be no more than one hundred (100) square feet 9
in size. 4
4. No septic tanks shall be located on any PARCEL nearer to thc back
property line than 120 feet.
5. No boat with more than a 9 horse power motor shall be allowed onto
the lake except onc designated tournament ski boat, approved by the
National Water Ski Association ( "NWSA "). Hours of operation of
said boat are limited to Monday- Saturday 9:00 a.m. to 6:00 p.m. In
addition, ROBO reserves the right to place further restrictions
regarding the use of said boat as it deems necessary. Additionally
ROBO shall be permitted to form a Water Ski Club and shall have the
power and right to establish the rules, regulations, and dues for said
club.
6. No floating objects of any type shall be secured to any structure on lake
other than the owners pier or dock. Nor shall any floating object be
anchored in the lake.
7. The property of each lot on the lake may have a portion covered by
water from time to time. The short line and property line are not onc
and the same.
8. Owner shall establish a grass lawn by means of sodding or blanket
seeding from the house occupying the lot down to the bulk heading at
the edge of the lake and shall mow and maintain said area in
conjunction with the rest of the Lot. Owner shall also be responsible
for keeping beach area between the bulkheadings and lake free of
debris and trash.
9. No cows or horses shall be allowed on Lots 25 -32 , Block 1.
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ARCHITECTURAL CONTROL
I. There is hereby created the Architectural Control Committee which shall consist 3
of three (3) members. The initial Architectural Control Committee is composed
of:
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Robert S. Smith 0 l i
J. Fred Bayliss 1
John Schaffer 9
A majority of the Architectural Control Committee may designate representatives 5
to act for it. In the event of the death or resignation or failure to serve by any
member of the COMMITTEE, the remaining members shall have full authority to
designate a successor. Neither the members of the COMMITTEE nor its
appointed representatives shall be entitled to any compensation for services
rendered pursuant to this covenant. After ten (10) years from the date of this
instrument, or at such earlier time as the majority of the COMMITTEE shall
determine the power to designate members of the Architectural Control
Committee will automatically pass to the Association. The COMMITTEE'S
approval or disapproval as required by the Restrictions shall be in writing. t,
2. No IMPROVEMENT of any kind shall be erected, placed or altered in the
exterior design after being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, landscaping plans, or other plans, •
specifications and plot plans showing the location and size of such
IMPROVEMENT has been submitted to the COMMITTEE, or its designated
representatives as to the harmony of external design with the existing structures
on PARCELS in the SUBDIVISION, as to type of exterior materials and exterior
paint colors, as to quality of workmanship and materials, and as to locations with
respect to topography and finished ground elevations, and compliance with all
applicable provisions of this document, and general compatibility within the
SUBDIVISION. IMPROVEMENTS used herein include, but are not limited to,
building(s), fences, towers, antennas, porches, decks, walls, swimming pools,
water wells, playground equipment, outdoor cooking or eating facilities of a
permanent nature, docks, piers, barns, silos, cages, sheds, streets, alleys,
excavations and other earth movements. The COMMITTEE may require a
reasonable fee for performing the functions herein prescribed and may disapprove
plans, specifications, designs, and plot plans for failure to pay such fee. Such fees
shall be used by the COMMITTEE to discharge actual expenses incurred by the (;
COMMITTEE. After approval in writing has been given, the erecting, placing or
altering of the IMPROVEMENTS on any PARCEL shall be made only in I
accordance with the approved plans, specifications and plot plans, unless
variations or changes are also approved in the same manner.
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3. Neither ROBO, nor the members of the COMMITTEE, representatives, and/or 3
their successors or assigns shall be liable in damages to anyone submitting plans 9
to them for approval, or to any OWNER or lessee of any PARCEL affected by
these Restrictions, by reason of mistake in judgement, negligence or nonfeasance 3
arising out of or in connection with the approval or disapproval or failure to
approve any plans submitted. Every person who submits plans to the
COMMITTEE for approval agrees by submission of such plans, and every
OWNER or lessee of any PARCEL within the property agrees, by acquiring title O
thereto or interest therein, that he will not bring any action or suit against ROBO,
the members of the COMMITTEE, or its representatives, to recover any such 1
damages. 9
4. At the option of a majority of the COMMITTEE, all of the powers, rights, duties,
and responsibilities of said COMMITTEE may be transferred to the
ASSOCIATION; in such event the ASSOCIATION shall appoint a representative
or representatives to perform all functions of the COMMITTEE. Said
representative or representatives shall be the successor of the COMMITTEE.
V
RIVER PLACE ASSOCIATION, INC.
1. Creation. The ASSOCIATION, a Texas non-profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas and with its
principal office located at 103 Pease Street Bryan, Texas.
2. Incorporation. ROBO shall cause the ASSOCIATION to be incorporated, and
ROBO shall have the power to elect all members of the Board of Directors and to
fill any vacancies occurring therein until ROBO has conveyed by deed, in the
aggregate, eighty percent (80 %) of the LOTS in RIVER PLACE, and any future
acreage developed under a common scheme or plan of development by ROBO,
according to map or plat filed in the Official Records of Brazos County, Texas.
Once eighty percent (80 %) of the LOTS have been so deeded, the membership of
the Board of Directors shall be determined by majority vote of the land OWNERS
of record that arc subject to a required maintenance charge payable to the
ASSOCIATION. The voting shall be conducted according to rules established by
the Bylaws of the ASSOCIATION. ROBO may elect to transfer power to elect
Board of Directors to said record OWNERS at any time.
3. Powers and Functions. The ASSOCIATION shall have powers and functions
provided by applicable law, its Articles of Incorporation, its Bylaws, as heretofore
or hereafter amended, respectively, and such other powers as set forth herein,
including without limitation, at its option, the right to maintain streets, lakes,
utilities, recreational areas; to provide for garbage pickup (at a cost to the
individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, famish power or gas for street lighting, maintain
esplanades, and other common areas; and to establish rules and regulations for the 1
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use of lakes, rivers, streets, and other SUBDIVISION facilities, specifically 3
erected and installed and designated to be controlled by the ASSOCIATION. The 9
ASSOCIATION shall administer the Maintenance Fund hereinafter provided. 3
4. Membership. LOT ownership and membership in the ASSOCIATION shall be 3 ;:
inseparable. Transfer of a LOT automatically transfers membership in thc
ASSOCIATION and all rights of the transferor with respect to the COMMON
AREAS and facilities to which ownership of such LOT relates. 0 ii
5. Additions. If ROBO develops further acreage under a common scheme or plan 0
1
of development, as ROBO, thc ASSOCIATION, may require such property 1
OWNERS to be members of the ASSOCIATION and they shall have equal voting 9
rights therein on the same basis as OWNERS of property in this SUBDIVISION. 7
6. Additional Member. The ASSOCIATION shall have the right under conditions
and stipulations to be adopted by its Board of Directors, to admit Associate
Members, who shall be entitled to use of the COMMON AREAS, under rules and
regulations established by the Board of Directors, but shall have no voting rights
in the affairs of the ASSOCIATION. OWNERS of tracts or PARCELS of land in
RIVER PLACE shall be eligible for Associate Membership in thc
ASSOCIATION.
VI "S
MAINTENANCE CHARGE
1. Creation of Annual Maintenance Charge. Each PARCEL in RIVER PLACE, is
hereby subjected to annual maintenance charge of Three Hundred and no /100 ($300)
Dollars per year, payable annually in advance by the OWNER of each PARCEL on
the first day of January of each year, beginning 2001 and each succeeding year
thereafter until terminated as provided below, to the ASSOCIATION, its successors
and assigns, for the purpose of creating a fund described below, known as the
"Maintenance Fund." Where any PARCEL is owned by more than one person or
entity, said maintenance charge shall be payable by all such OWNERS, jointly and
severally. The maintenance charge shall be prorated between purchasers and sellers
of PARCELS in the proportion that the remaining months of the calendar year bear to
the whole year. By acceptance of a deed or other instrument of conveyance, or by
any other claim of legal title to any PARCEL or portion thereof, each OWNER agrees
and conscnts to the maintenance charge shall be paid for each year from 2001 through
2011 and shall be extended automatically for successive periods of ten (10) years
unless before 2011, or before the 31 day of December of any tenth year thereafter,
the Owners of record of a majority of the PARCELS in the SUBDIVISION vote to
discontinue such charge by written instrument which shall be signed and
acknowledged by the OWNERS of record of a majority of the PARCELS and
recorded in the Official Records of Brazos County, Texas.
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2. Liens. The ASSOCIATION shall have a lien against any PARCEL for which the 3
annual maintenance charge provided herein shall not be paid effective upon the 9
thirtieth (30 day following the date said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintenance charge
thcn due, owing and unpaid plus an additional delinquency charge of twelve percent 3
(12 %) per annum of the unpaid balance accruing from the date said maintenance
charge became due and payable. The ASSOCIATION shall have the right to
evidence the existence of this lien by filing a sworn and acknowledged statement of 0
lien in the Office of the County Clerk of Brazos County, Texas, but the failure of the
ASSOCIATION to so file a statement of lien shall not affect the validity of the lien as 1
between the ASSOCIATION and the OWNER.
3. Purpose and Use of Maintenance Fund. The maintenance charge shall be uscd to 8
pay "maintenance expenses" which shall include without limitation expenses incurred
for any of the following purposes: lighting, constructing, improving and maintaining
any rights of way, easements, entry, streets, sidewalks, paths, fences, lakes, boat
launch, boat house, park, parkways, stables, tracks, pools, lodge, esplanades, and any
structures, facilities or area which can be used by all OWNERS which in the opinion
of the ASSOCIATION would benefit thc SUBDIVISION as a whole; collecting and
disposing of garbage, ashes, rubbish and the like in said areas (other than garbage,
ashes, rubbish, and the like from constructed residential dwellings), caring for vacant
PARCELS, employing watchmen or any other action deemed desirable to protect
persons and property, payment of legal and all other expenses in connection with the
operation of the ASSOCIATION, and the enforcement of all recorded charges,
restrictions, covenants, agreements and conditions affecting property to which >t
maintenance charges apply, payment of all expenses in connection with the collection
and administration of the maintenance charges, and doing any other things necessary
and desirable in the opinion of the ASSOCIATION to keep property neat and in good
order of which it considers of general benefit to the SUBDIVISION. The act of the
ASSOCIATION and its expenditures of the Maintenance Fund shall be final so long
as it acts in good faith.
4. Increases or Reductions to Annual Maintenance Charge. The ASSOCIATION
may increase or reduce the maintenance charge from time to time by action applied
uniformly to all PARCELS in the SUBDIVISION as provided below.
5. Assessments. From and after 2001, the ASSOCIATION'S Board of Directors, at its
next annual or special meeting and at each annual meeting thereafter, shall set the
amount of the monthly assessments for each year for each LOT, taking into
consideration the current maintenance costs and future needs of the ASSOCIATION;
except, however, the monthly assessments may not be increased in any one year by
more than twenty percent (20 %) of the then existing annual assessment, except on thc
affirmative vote of OWNERS entitled to cast two - thirds (2/3) of the votes of the
ASSOCIATION, in person or by proxy at a meeting duly called for such purposes.
6. Developer Exemptment. ROBO shall not be liable or in any way responsible for thc
payment of any maintenance charge provided for herein.
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vii 3
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
3
1. In addition to the annual assessments for maintenance charges authorized above, the 3
ASSOCIATION may levy in any assessment year, special assessments applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, repair or replacement of a capital improvements upon
the COMMON AREA, including the necessary fixtures and personal property related
thereto, provided that any such assessment shall have the consent of a three- fourths 0
(3/4) majority of the votes of the members who are voting in person or by proxy at a j,
meeting duly called for this purpose. Written notice of a meeting called for this 9
purpose shall be sent to all members not less than thirty (30) days or more than fifty 9
(50) days in advance of the meeting setting forth the purpose of the meeting and the
proposal to be voted on.
2. No special assessments for capital improvements shall be made under this provision
prior to the time when the membership of the Board of Directors of the
ASSOCIATION is determined by majority vote of the land OWNERS of record
subject to the maintenance charge as hereinabove set forth.
3. The Special Assessments shall be payable by the OWNERS on the dates and terms as
may be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
VIII
SUBORDINATION OF THE LIEN TO MORTGAGES
1. The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure the payment of monies advanced and used for the purpose of purchasing
and/or improving such LOT. Sale or transfer of any LOT or transfer of any LOT
pursuant to a foreclosure under such purchase money or IMPROVEMENT,
mortgages or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of i
such assessments as to the payments thereof which became due prior to such sale or
transfer. No sale or transfer shalt relieve such LOT from liability for any assessments
thereafter becoming due or from the lien thereof. No extinguishment of the lien shall
relieve the delinquent LOT OWNER from his/her personal obligation and liability
therefor.
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IX 3
EFFECT OF NON - PAYMENT OF ASSESSMENTS: •
REMEDIES OF THE ASSOCIATION 3
3
1. Any assessments and charges which are not paid when due are considered delinquent.
If the assessment is not paid within thirty (30) days after the due date, the assessment
shall bear interest from the date of the delinquency at the rate of twelve percent (12 %) 0
per annum. The ASSOCIATION may bring an action at law against the OWNER or
member personally obligated to pay thc same, or foreclose thc lien against the
property. Any interest, costs, and reasonable attorney's fees of any such action will 2
be added to the amount of such assessment. Each OWNER, by his acceptance of a 0
deed to a LOT hereby expressly vests in the ASSOCIATION, or its agents the right
and power to bring all actions against such OWNER personally for the collection of
such charges as a debt and to enforce the aforesaid lien by all mcthods available for
the enforcement of such liens, including foreclosure by an action brought in the name
of the ASSOCIATION in a like manner as a mortgage or deed of trust lien on real
property and such OWNER hereby expressly grants to the ASSOCIATION, a power
of sale in connection with said lien. The lien provided for in this section shall be in
favor of the ASSOCIATION, shall be for the benefit of all other LOT OWNERS, and
shall be exercisable by a Trustee to be named or designated by the Board of Directors
of the ASSOCIATION. Any sale pursuant to this power shall be conducted in
accordance with the provisions of Article 3810 of thc Texas Revised Civil Statues
Annotated. The ASSOCIATION acting on behalf of the LOT OWNERS shall have
the power to bid in an interest at foreclosure sale and to acquire and hold, lease,
mortgage, and convey the property. t!
X
RE SUBDIVISION
1. No Lot may be re- subdivided into smaller LOTS. This provision does not apply to •
any real property reserved by ROBO or to any real property that may be developed as
a part of the SUBDIVISION in the future under a common scheme or plan of
development.
XI
MISCELLANEOUS PROVISIONS
1. The foregoing Restrictions are adopted as part of and shall apply to each and every
PARCEL in the SUBDIVISION. Such Restrictions are equally for the benefit of all
subsequent OWNERS or PARCELS in RIVER PLACE and accordingly, shall be
covenants running with the land. Any OWNER or licnholder of any of the property
or the ASSOCIATION shall have the power to prosecute in the appropriate court a
suit at law or in equity to prevent any violation or attempted violation of the
e vm.eA01100d M 17
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0726276 . •
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Restrictions and to recover damages for any violation or attempted violation 3
including, but not limited to, reasonable attorney's fees; provided, however that this 9
clause shall not restrict any governmental agency from acting to enforce any of the
Restrictions.
3
2. The term of the Restrictions shall be for a period from the filing of this instrument for
record in Brazos County, Texas, until the 1" day of July, A.D., 2011, after which date
such Restrictions shall be automatically extended for such seccessive periods of ten 0
(10) years each, unless and until, by instruments executed by the then record
OWNERS of a majority of the PARCELS in RIVER PLACE and duly recorded in
Official Records of Brazos County, Texas, such Restrictions are altered, rescinded, 2
modified or changed, in whole or in part. 0
3. Nothing contained in this document or any violation of any of the Restrictions shall 1
have the effect of impairing or affecting the rights of any mortgagee or trustee undcr
any mortgage or deed of trust outstanding against of the SUBDIVISION or any
portion thereof.
4. Any and all rights, powers and reservations of ROBO herein contained may be •
assigned to any person, corporation or association which will assume the duties
pertaining to the particular rights, powers, and reservations assigned, and upon any
such person, corporation or associations' evidencing its consent in writing to accept
such assignment and assume such duties, he or it shall, to the extent of such IS'
assignment, have the same rights and powers and be subject to the same obligations
and duties as are given to and assumed by ROBO herein and ROBO shall thereafter
be released from any future liabilities. The term R0130 as used in this document I
includes all such assignees and their heirs, successors and assigns.
5. Every person who now or hereafter owns or acquires any right, title or interest in or to
any property in the SUBDIVISION is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, reservation and restriction
contained herein, whether or not any reference to this declaration is contained in this
instrument by which such person acquires an interest in the property. •
6. ROBO reserves the right to make minor deviations from the terms of this document to
the extent permissible by law and consistent with the general plan for development as
•
herein set out, all without further action or conscnt by or from any party.
•
•
7. The invalidity, violation, abandonment, waiver of or failure to enforce any one or
more of or any part of the provisions of this document shall in no way affect or impair
the remaining provisions or parts thereof which shall remain in full force and effect. •
•
8. ROBO, its successors and assigns, shall have the right to bring within the scheme of
this Declaration additional properties thereby subjecting such additional lands to this
Declaration, by filing of Record a Supplementary Declaration with respect to such
additional property which shall extend the scheme of this Declaration to such
•
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1 0726276
property. The ASSOCIATION shall accept same to be owned and managed pursuant 3 } .
to the terms and conditions of this Declaration. 9
9. Such Supplementary Declaration may contain such complementary additions and 3
modifications of the covenants and restrictions contained in this Declaration as may 3
be necessary to reflect the different character, if any, of the added properties as are .
not inconsistent with the scheme of this Declaration. In no event, however, shall such
Supplementary Declaration revoke, modify or add to the covenants established by this 0
Declaration within the existing SUBDIVISION.
Dated this JSfi day of September, 2000. 2
0
2
ROBO INVESTMENTS, INC.
tk ai t e i vil 1 44.
Robert S. Smith
President
THE STATE OF TEXAS § It
§
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the /(t'day of September, 2000,
by Robert S. Smith.
iy -
NO i P UBLI AND F HE STATE OF TEXAS
4 FRED BAYLISS
�_ nanysnadrw•
My Camdoion Expires
DECEMBER 10, 2003 PRINTED NAME OF NOTARY
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MY COMMISSION EXPIRES: 4.411 L N I I
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THE STATE OF TEXAS § 4
§ • 2
COUNTY OF BRAZOS § 0
4
DECLARATION
OF 0
COVENANTS, CONDITIONS `:•
RESERVATIONS AND RESTRICTIONS 3
4
OF
RIVER PLACE SUBDIVISION PHASE II
WHEREAS, R0130 INVESTMENTS, INC., A TEXAS CORPORATION
( "ROBO "), is the owner of all that certain tract of land in Brazos County, Texas, which
has been heretofore platted, subdivided and designated as RIVER PLACE
SUBDIVISION PHASE 11 according to the map or plat thereof filed of record in Vol.
4178, Page 311 in the Official records of the County Clerk of Brazos County, Texas;
WHEREAS, ROBO desires to create and provide for the development
improvement and maintenance of RIVER PLACE SUBDIVISION PHASE 1I, for the
mutual benefit and pleasure of the present and future property owners in such
subdivision, and to protect the property values within such subdivision by imposing upon
and against all of the designated lots therein the covenants, reservations and other
provisions hereinafter set forth; and
NOW THEREFORE, ROBO does hereby make, adopt and establish the following
reservations, restrictions, declarations, casements, lirnitations, charges, agreements,
covenants, conditions and stipulations, each of which shall be applicable to RIVER
PLACE SUBDIVISION which compromises all of the designated Tots in Block One (1)
of RIVER PLACE SUBDIVISION PHASE 11 according to the map or plat thereof Sled
in record at the office of the County Clerk of Brazos County, Texas.
I
• DEFINITIONS
1. The following terms when used herein shall have the following meanings:
a. "ROBO" shall mean ROBO INVESTMENTS, INC., a Texas Corporation, its
successors and assigns.
•
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b. "RIVER PLACE 11" shall mean the RIVER PLACE SUBDIVISION PHASE 4
II. 2
c. "SUBDIVISION" shall mean RIVER PLACE SUBDIVISION PHASE 11, 0
which consists of all of the designated LOTS in Block One (1) according to 4
the map or plat thereof filed of record in Vol. 4178 Page 311 of the County
Clerk of Brazos County Texas.
d. "RECORDING DATE" shall mean the date upon which this document is filed
of record with the County Clerk of Brazos County, Texas. 0
2
c. "LOT' or "PARCEL" shall mean those plots of land shown on the map or plat
of the SUBDIVISION filed of record with the Clerk of Brazos County, Texas,
with the exception of those plots of land designated as Reserve Tracts, and
reservations hereinafter made.
f. "OWNER" shall mean and refer to the record OWNER, whether one (1) or
more PERSON(S) or entities of the fee simple title to any LOT in the
SUBDIVISION, or any part or interest therein. OWNER shall not mean or
• refer to any mortgagee, under any applicable theory of mortgage, unless and
• until such mortgagee has acquired legal title pursuant to foreclosure or any
} proceeding in Iicu of foreclosure. The term OWNER shall further include any
PERSON or entity claiming title to any LOT or portion thereof by adverse
possession; any PERSON or entity leasing, renting or otherwise occupying
any LOT or part thereof; and/or any PERSON or entity claiming interest in a
LOT or part thereof under a contract of sale.
g. "COMMITTEE" shall mean and/or refer to the Architectural Control
Committee established under the provisions of this document, its successors
and assigns.
h. "ASSOCIATION" shall mean and refer to RIVER PLACE ASSOCIATION,
INC., a Texas non - profit corporation, provided for in this document, its
successors and assigns.
i. "COMMON AREAS" shall mean all real property owned by the
ASSOCIATION for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT' shall mean every structure and all appurtenances thereto
of every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping,
poles, signs, exterior air conditioning, water softener fixtures or equipment,
pumps, walls, tanks, reservoirs, pipes, meters, antennae towers and/or other
facilities used in connection with water, sewer, gas, electric, telephone,
regular or cable television, satellite, t.v. antennas, and/or other utilities.
cVaeolroce W. a 2
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k. "PERSON(S)" shall refer to any natural person, individual(s), and/or any 4
other entity unless the context indicates otherwise having the legal right to
hold title to real property. 0
I. "PLANS" and "SPECIFICATIONS" shall mean any and all documcnts 4
designated 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, 7'
foundation plans, drainage plans, landscaping and fencing plans, elevation
drawings, floor plans, specifications on all buildings products and
construction techniques, samples of exterior colors, plans for utility services,
and all other documentation or information relevant to such 3
IMPROVEMENT.
m. References to the singular shall include the plural, and the plural shall include
the singular.
n. Terms utilizing bold, capital letters are used as defined terms. Terms utilizing
regular upper and lower class casing arc used generically unless otherwise
indicated.
•
11
RESERVATIONS
1. In so authenticating said map or plat for record and in so dedicating the use of the
streets (whether such thoroughfares are referred to as drives, avenues, roads, lanes, ways,
parkway, boulevards; or streets) as shown thereon to the public for ordinary roadway
purposes only, there was reserved and there is hereby expressly reserved in ROBO the
following rights, titles, and easements (hereinafter collectively called "Reservations ").
Reservations used herein shall be referred to as a part of and construed as being adopted
in each and every contract of sale, deed or instrument of conveyance executed or to be
executed by or on behalf of ROBO conveying any property in the SUBDIVISION or any
part thereof:
a. The legal and fce simple title in and to each and all of said streets as shown on
said map or plat is hereby reserved in R0130 subject to the limited dedication
of the use of streets, not marked as private by the letters "Pvt.," to the public
for ordinary roadway purposes only.
b. ROBO reserves for itself, its successors and assigns, a perpetual nonexclusive
easement to lay, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such water, sanitary sewer and storm
pipes, gas pipes, mains and conductors and all appurtenances thereto relevant
to the operation of waterworks, sanitary sewer, storm sewer and/or drainage
systems as it may from time to time desire, in, along, undcr, over, across and
through all of the streets, both public and private, in the SUBDIVISION.
Such pipes, mains and conductors, lines, wires, conduits and appurtenances
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shall be buried to such reasonable depths as will not interfere with the use of 4
the streets for ordinary roadway purposes. 2
c. ROBO reserves for itself, its successors and assigns, title in and to all water, 0
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors, 4
all appurtenances thereto; and all electric distribution, communication lines,
wires, conduits and all appurtenances thereto constructed by ROBO or its
agents in all of said streets in the SUBDIVISION, together with a perpetual 42)
easement to operate, maintain, inspect, repair, reconstruct, change the size of
and remove such pipes, mains and conductors, lines, wires, conduits and
appurtenances thereto, as it or thcy may from time to time desire.
3
d. ROBO reserves for itself, its successors and assigns, a perpetual utility 7
casement in, along, under, over, across, and through a ten- (10) foot strip
around the entire perimeter of each PARCEL in the SUBDIVISION. The ten
(10) foot strip shall be measured from the property line of each PARCEL
inward. With respect to such easement, ROBO shall have the right to
construct, operate, maintain, inspect, reconstruct, multiply, change the size of
and remove such utility lines and facilities (including without limitation of the
generality thereof, water, sanitary sewer, storm sewer, drainage pipes, gas
pipes, mains and conductors, and all appurtenances thereto; electric
distribution and communication lines, fiber optic lines, wires, conduits, guy
wires, poles, connections and all appurtenances thereto), as it or they may
from time to time desire, together with the right of ingress and egress thereto.
The utility casements hereby reserved are easements ten feet (10') wide at and
below normal ground level, extending upward to a plane one hundred twenty
feet (120') above the ground, and from said plane and easements twenty feet
(20') in width, extending five feet (5') in width adjacent to and on both sides
of the utility casements on each PARCEL. R0130 further reserves the
exclusive right to grant franchises and easements to other utility OWNERS to
lay, construct, operate, maintain, inspect, reconstruct, change the size of,
multiply and remove such utility lines, as described above, in such utility
easements. These utility easements are not dedicated to the public in any
manner.
ROBO further reserves for itself, its successors and assigns, a perpetual
drainage easement that shall be coextensive with the above described ten -foot
(10') utility easements.
ROBO further reserves for itself, its successors and assigns, a perpetual
electrical utility easement located along all streets, both public and private, in
the SUBDIVISION. Said electrical easement shall be ten feet (10') wide at
ground level, extend upward to a plane one hundred twenty feet (120') above
the ground and from said plane, and upward the easement is twenty feet (20')
wide.
enutsv■reeoSphase 4
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x 4 254
c. ROBO reserves for itself, its successors and assigns the right to make minor 4
changes in and additions to the utility casements hcrcinabovc described for the 2
purposes of more efficiently and economically installing the
IMPROVEMENTS. 4
f. The conveyance by ROBO of any PARCEL in the SUBDIVISION by
contract, deed or other instrument of conveyance shall not in any event be
held or construed to include any of the rights, titles and casements heretofore 43
reserved in any of the foregoing paragraphs, nor the title to water, gas,
sanitary sewer, storm sewer, drainage, electric Tight, poles or conduits, pipes,
mains and/or any other utilities or appurtenances thereto constructed by its
agents, in, along, under, through, over across, or upon such easements, 3
property, or any part thereof, of any other section of ROBO. The right to sell 8
and lease or otherwise transfer all such rights, titles, easements, utilities and
appurtenances is expressly reserved in ROBO.
2. The foregoing Reservations of rights and easements shall not obligate ROBO to
exercise any of such reserved rights and casements.
3. The invalidity, abandonment or waiver of any one or more of the foregoing
Reservations, any sentence, clause, and/or part thereof shalt not affect the remaining
Reservations, sentences, clauses and/or parts thereof, which shall remain in full force
and effect.
III
RESTRICTIONS
I. For the purpose of creating and carrying out a uniform plan for the parcelling and
sale of RIVER PLACE II as a district set aside for residential homes and certain
other uses accessory thereto. The following restrictions, including without
limitation restrictions, covenants, declarations, easements, limitation, charges,
agreements, and conditions (hereafter collectively called the "Restrictions"), are
hereby established and adopted to apply uniformly to use, occupancy and
conveyance of all the PARCELS in RIVER PLACE II. Every contract, deed or
conveyance which may be hereafter executed with regard to any of the property in
the SUBDIVISION shall be conclusively deemed to have been executed,
delivered and accepted subject to the following Restrictions, even if the
Restrictions are not set out in full and are not incorporated by reference in such
contracts of sale, deed, lease, or other transfer of interest in any such PARCEL.
A. BUILDING AND CONSTRUCTION RESTRICTIONS
I. Except as otherwise herein provided, each PARCEL in the
SUBDIVISION shall be used only for non - commercial residential and
recreational purposes. Only single family residential dwellings and
appurtenances ordinary to residential living shall be permitted. To this
end, without limitation, the following structures may not be built on
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any PARCEL in the Residential portion of the SUBDIVISION: 4
hospitals, clinics, rest homes, duplex houses, apartment houses, garage 2
apartments for Lease to the geneml public , mobile homes, hotels, or
any retail, wholesale, or other business or commercial establishment of 4
any kind or nature;
2. No residence shall be constructed on any PARCEL that has an under
roof living area of less than the following square feet, excluding O
porches, garages, patios and the like:
a. Lots 6 -I4A Block One (1) — 2600sq R. 2
b. Lots 15 -18, 22, 23 Block One (1) — 2800 sq ft. `
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3. No IMPROVEMENT greater than thirty -two (32) feet in height may
be constructed on any LOT without the prior written approval of the
COMMITTEE. For purposes of this paragraph, height shall be
measured from the foundation slab of the proposed IMPROVEMENT
to the ridge line of the roof of the proposed IMPROVEMENT;
•
4. All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows
and similar openings) shall be constructed of at least seventy -five
percent (75 %) masonry or other material specifically approved in
writing by the COMMITTEE. Masonry includes ceramic tile, brick,
rock, stucco and all other materials commonly referred to in the
College Station, Texas arca as masonry. The use of prefabricated
materials, including antique homes moved from other locations, shall
not be allowed;
5. All dwellings must include at least a two -car garage constructed of
seventy-five percent (75 %) masonry;
6. The surface of all roofs of principal and secondary structures shall be
wood shingle, shakes, tile, quality composition shingle, or approved
metal roof. The COMMITTEE shall have authority to approve other
roof treatments and materials if the form utilized will not be a
detriment to the quality of the neighborhood;
7. 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 COMMITTEE and
approval of such design, including the aesthetics thereof, shall be
required before construction may begin;
8. The COMMITTEE shall have the right to impose limitations on
driveway design, including materials, aprons, location and point of
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contact with dedicated roads, streets or private driveway within the 4
Property; 2
9. All driveways shall be constructed of concrete or asphalt. No gravel
rock, limestone, dirt, or other forms of materials shall be permitted. 4
10. The 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 Liquid
Petroleum Gas "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 4
other portion of the Property; 0
11. Only one single family dwelling and appurtenances thereto, such as
garages and barns, may be placed or constructed on each of the
PARCELS as platted as of the RECORDING DATE. No tcnt, shack
or other temporary building, IMPROVEMENT or structure shall be
placed upon the Property without the prior written approval of the
COMMITTEE; provided however, that the COMMITTEE may
maintain or authorize temporary structures necessary for storage of
tools and equipment, and for office space for architects, buildings and
foremen on the Property during any period of actual construction,
which authorization, if given, shall include the nature, size, duration
and location of such structure or structures;
12. No Eighteen (18) Wheel Tractor Trailer Trucks shall be allowed to
park in the subdivision or on any Lot.
13. No building or structure, except fcnces, shall be located on any
PARCEL nearer to the front property line than fifty feet (50'), or
nearer to either side of the property line than twenty -five feet (25'), or
nearer to the back property line than fifty feet (50');
14. Drainage structures where required under private driveways shall have
a net drainage opening area of sufficient size to permit the free flow of
water without back water, and shall be a minimum of eighteen (18)
inch diameter pipe culvert or such larger diameter as the
COMMITTEE shall require. Additionally the pipe shall have a
6 to 1 slope as extended beginning at the exposed portion of the pipe to
the end thereof. Austin Stone or stone resembling Austin Stone as
used on entrance to subdivision shall be used to conceal all portions of
exposed pipe.
15. No building materials of any kind or character shall be placed or stored
on any PARCEL more than thirty (30) days prior to construction of a
building or IMPROVEMENTS are commenced. All materials shall be
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placed within the building lines as established above. At the 4
completion of the building or IMPROVEMENT excess or scrap 2
material must be immediately removed from the premises;
16. No stumps, trees, underbrush, refuge of any kind, and/or scrap material 4
from IMPROVEMENTS being erected on any PARCEL shall be
placed on any other PARCEL, or on streets or easements;
17. Exposed openings resulting from any excavation made of any
PARCEL shall be back filled and the disturbed ground shall be leveled
and reseeded with fiber mulch, blanket seeding, or sodding. No
change of elevation on any PARCEL greater than five feet (5') shall be 4
made without prior approval of the COMMITTEE; 1
18. No residential dwelling shall be built without a State of Texas
approved septic tank or other sewage disposal systcm that is so
approved; and
19. Mailboxes shall be erected and maintained on each LOT upon which a
residence is situated, and shall be fixed on masonry stanchions
(columns), approved by the COMMITTEE. No metal or wood post
stands are permitted. Each mailbox shall be new when installed,
constructed of durable steel or aluminum, and of size and shape
conforming to postal authority standards for single family residential
postal depositories. Mailboxes shall be located in accordance with
postal regulations; and
20. Sixty percent (60 %) of appliances with the option of gas or electric
operation must be gas; and
21. The COMMITTEE may approve or disapprove, for any reason or no
reason, at its sole discretion any item 1 -20 above
B. GENERAL RESTRICTIONS
1. No noxious or offensive trade or activity shall be carried on upon any
PARCEL nor shall anything be done thereon which may be or become
an annoyance or nuisance to the neighborhood;
2. No "commercial activity" of any kind shall be conducted on any LOT
within that portion of the SUBDIVISION affected by this declaration.
"Commercial Activity" shall include but not be limited to, the offering
for sale of any product or service, the manufacture or growth of any
product for purposes of sale without regard to whether such activities
arc conducted in or from residential dwellings or otherwise;
3. No animals, livestock, or poultry of any kind shall be raised, bred,
and/or kept on any LOT within the SUBDIVISION for commercial
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purposes. Each PARCEL shall be allowed one animal unit (au) every 4
one (1) acre or fraction of an acre. No LOT shall have more than 12 2
animal units, regardless of size of acreage. One animal unit (au) is
defined as: 4
Icow = lau
1 horse = I au
1 dog or cat = %, au (Maximum 4 dogs or cats) O
There will be no swine, chickens, ducks, geese, goats, or sheep 0
allowed on any PARCEL within the SUBDIVISION. There will be no
wild exotic, or naturally undomesticated animals allowed to be caged 4
or otherwise kept on any PARCEL within the SUBDIVISION. All 2
dogs shall be kept on leash, penned, and/or confined to the OWNERS
property. No dogs shall be allowed to run loose;
4. No sign(s), except sign(s) advertising property for sale and/or rent (not
exceeding five (5) square feet in size; advertisement billboard, and/or
advertising structure of any kind may be erected or maintained on any
PARCEL without the consent in writing of the COMMITTEE, ROBO,
• or members of the COMMITTEE shall have the right to enter and
remove any such signs), advertisement and/or billboard and/or
structure which is placed on any PARCEL without said 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;
5. No part of the SUBDIVISION shall be used or maintained as dumping
grounds for rubbish, trash, or garbage. Equipment for the storage or
disposal of such material(s) shall be kept in a clean and sanitary
condition. No trailer(s); recreational vehicle(s); tent(s); boat(s); and/or
stripped down, wrecked, junked, or otherwise wholly inoperable
vehicle shall be kept, parked, stored, and/or maintained on any portion
of the driveway and/or front yard in front of the building line of the
permanent structure. 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;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds,
or other unsightly objects on their PARCELS or on the casements or
on the alley or the streets abutting the same. Each OWNER shall be
responsible for proper disposition of his/her trash or garbage. 1
OWNERS shall keep the drainage casements free of obstructions.
Each lot must be maintained in an aesthetically pleasing fashion and
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mowed such that grass does not exceed 10 inches in height. If a lot is 4
not in compliance with this regulation, ROBO or the association may
mow the premises and bill the lot owner for the cost thereof. Said bill
will be deemed additional Assessments and failure to pay such bill
shall be governed by Article VI Paragraph 2 and Article IX.
7. All front yards of each LOT in SUBDIVISION must be irrigated. All
backyards of lake front LOTS must be irrigated. 0
8. After commencement of construction of any structure or 0
IMPROVEMENT, the work thereon shall bc diligently prosecuted to 2
the end and the structure or IMPROVEMENT shall not remain in a 4
partly finished condition any longer than reasonably necessary for
completion thereof;
9. All construction projects shall be completed within 18 months of the
setting of the forms for the foundation. After such time, all tractors,
trailer, and offices must be immediately removed.
10. All fencing within one hundred feet (100') of any road in the
SUBDIVISION, running parallel to the right of way of such road or
substantially parallel thereto, shall bc of such size, design, material and
color as is specifically approved by the COMMITTEE. Visible front
fencing shall be constructed of cedar or any material approved by
COMMITTEE. In the event LOT OWNER paints said fence, LOT
OWNER shall maintain fence;
11. No act may be performed which is likely to pollute the air or water in
any part of the SUBDIVISION, nor may any property OWNER violate
any ordinance designed to eliminate pollution at that time in force
whether it be State, County or City;
12. No firearms or fireworks may be discharged in the SUBDIVISION or
on any PARCEL, easement or common arca;
13. Representatives of R0130, the ASSOCIATION, or the COMMITTEE
may from time to time at any reasonable hour, enter and inspect any
part of the SUBDIVISION to ascertain compliance with this document
or any amendments hereto;
14. No oil or gas drilling, development, refining, quarrying or mining
operations of any kind shall be permitted on any LOT, nor shall any
tanks, tunnels, mineral excavations or shafts be permitted on any LOT.
No derrick or other structures designed for use in boring or drilling for
oil, natural gas, or other minerals shall be erected, maintained or
permitted on any LOT save and except existing locations at time of
plat approval. Notwithstanding the foregoing, each OWNER, by its
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acquisition of a parcel of the SUBDIVISION has been, or will be 4
reserved by third parties or predecessors iri title to the Property; and 2
15. The COMMITTEE may approve or disapprove, for any reason or for
no reason, at its sole discretion any item 1 through 14 above.
C. SPECIAL RESTRICTIONS (LAKE LOTS AND THE USE OF THE LAKE)
1. A Lake of approximately 24 acres is reflected on the Plat. However
ROBO makes no guarantee as to the water level or clarity of the Lake. 2
ROBO reserves the right to pump water into or out of the Lake as it so
chooses. 4
2. Any Piers or similar structures must be constructed so as to not 4
protrude more than ten feet (10') from property line or watcr line
whichever is closer; and
3. All piers or docks must be no more than one hundred (100) square feet
in size.
4., No septic tanks shall be located on any PARCEL nearer to the back
property line than 120 feet.
5. No boat with more than a 9 horse power motor shall be allowed onto
the lake except one designated tournament ski boat (owned by ROBO)
and approved by the National Water Ski Association ( "NWSA ").
Hours of operation of said boat are limited to Monday- Sunday 9:00
a.m. to dark. In addition, RO13O reserves the right to place further
restrictions regarding the use of said boat as it dccms necessary.
Additionally ROBO shall be permitted to form a Water Ski Club and
shall have the power and right to establish the rules, regulations, and
dues for said club.
6. No floating objects of any type shall be secured to any structure on lake
other than the owners pier or dock. Nor shall any floating object be
anchored in the lake.
7. The property of each lot on the lake may have a portion covered by
water from time to time. The shore line and property lint are not one
and the same.
8. Owner shall establish a grass lawn by means of sodding or blanket
seeding from the house occupying the lot down to the bulk heading at
the edge of the lake and shall mow and maintain said arca in
conjunction with the rest of the Lot. Owner shall also be responsible
for keeping beach arca between the bulkheadings and lake free of
debris and trash.
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IV 4
ARCHITECTURAL CONTROL r
1. There is hereby created the Architectural Control Committee which shall consist 0
of three (3) members. The initial Architectural Control Committee is composed 4
of:
Robert S. Smith
J. Fred Bayliss 0
John Schaffer
A majority of the Architectural Control Committee may designate representatives 2
to act for it. In the event of the death or resignation or failure to serve by any 4
member of the COMMITTEE, the remaining members shall have full authority to q tr.
designate a successor. Neither the members of the COMMITTEE nor its
appointed representatives shall be entitled to any compensation for services
rendered pursuant to this covenant. After ten (10) years from the date of this
instrument, or at such earlier time as the majority of the COMMITTEE shall
determine the power to designate members of the Architectural Control
Committee will automatically pass to the Association. The COMMITTEE'S
approval or disapproval as required by the Restrictions shall be in writing.
2. No IMPROVEMENT of any kind shall be erected, placed or altered in the
exterior design after being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, landscaping plans, or other plans,
specifications and plot plans showing the location and size of such
IMPROVEMENT has been submitted to the COMMITTEE, or its designated
representatives as to the harmony of external design with the existing structures
on PARCELS in the SUBDIVISION, as to type of exterior materials and exterior
paint colors, as to quality of workmanship and materials, and as to locations with
respect to topography and finished ground elevations, and compliance with all
applicable provisions of this document, and general compatibility within the
SUBDIVISION. IMPROVEMENTS used herein include, but are not limited to,
building(s), fences, towers, antennas, porches, decks, walls, swimming pools,
water wells, playground equipment, outdoor cooking or eating facilities of a
permanent nature, docks, piers, barns, silos, cages, sheds, streets, alleys,
excavations and other earth movements. The COMMITTEE may require a
reasonable fee for performing the functions herein prescribed and may disapprove
plans, specifications, designs, and plot plans for failure to pay such fee. Such fees
shall be used by the COMMITTEE to discharge actual expenses incurred by the
COMMITTEE. After approval in writing has been given, the erecting, placing or
altering of the IMPROVEMENTS on any PARCEL shall be made only in
accordance with the approved plans, specifications and plot plans, unless
variations or changes are also approved in the same manner.
3. Neither ROBO, nor the members of the COMMITTEE, representatives, and/or
their successors or assigns shall be liable in damages to anyone submitting plans
to them for approval, or to any OWNER or lessee of any PARCEL affected by
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these Reslrictions, by reason of mistake in judgement, negligence or nonfeasance 4
arising out of or in connection with the approval. or disapproval or failure to
approve any plans submitted. Every person who submits plans to thc
COMMITTEE for approval agrees by submission of such plans, and every 4
• OWNER or lessee of any PARCEL within the property agrees, by acquiring title
thereto or interest therein, that he will not bring any action or suit against R0130,
the members of the COMMITTEE, or its representatives, to recover any such
damages.
4. At the option of a majority of the COMMITTEE, all of the powers, rights, duties,
and responsibilities of said COMMITTEE may be transferred to the L—
A S SOC I ATION; in such event the ASSOCIATION shall appoint a representative 4
or representatives to perform all functions of the COMMITTEE. Said 6
representative or representatives shall be the successor of the COMMITTEE.
V
RIVER PLACE ASSOCIATION, INC.
1. Creation. The ASSOCIATION, a Texas non - profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas and with its
principal office located at 415 S. Graham Road, College Station, Texas, 77845.
2. Incorporation. ROBO shall cause the ASSOCIATION to be incorporated, and
ROBO shall have the power to elect all members of the Board of Directors and to
fill any vacancies occurring therein until ROBO has conveyed by deed, in the
aggregate, eighty percent (80 %) of the LOTS in RIVER PLACE 11, and any
future acreage developed under a common scheme or plan of development by
ROBO, according to map or plat filed in the Official Records of Brazos County,
Texas. Once eighty percent (80 %) of the LOTS have been so deeded, the
membership of the Board of Directors shall be determined by majority vote of the
land OWNERS of record that are subject to a required maintenance charge
payable to the ASSOCIATION. The voting shall be conducted according to rules
established by thc Bylaws of the ASSOCIATION. ROBO may elect to transfer
power to elect Board of Directors to said record OWNERS at any time.
3. Powers and Functions. Thc ASSOCIATION shall have powers and functions
provided by applicable law, its Articles of Incorporation, its Bylaws, as heretofore
or hereafter amended, respectively, and such other powers as set forth herein,
including without limitation, at its option, the right to maintain streets, lakes,
utilities, recreational areas; to provide for garbage pickup (at a cost to the
individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, furnish power or gas for street lighting, maintain
esplanades, and other common areas; and to establish rules and regulations for the •
use of lakes, rivers, streets, and other SUBDIVISION facilities, specifically •
erected and installed and designated to be controlled by the ASSOCIATION. Thc
ASSOCIATION shall administer the Maintenance Fund hereinafter provided.
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LOT ownershi and membership in the ASSOCIATION shall be 4
4. Membership. P
inseparable. Transfer of a LOT automatically transfers membership in the 2
ASSOCIATION and all rights of the transferor with respect to the COMMON
AREAS and facilities to which ownership of such LOT relates. 4
5. Additions. If ROBO develops further acreage under a common scheme or plan
of development, as ROBO, the ASSOCIATION, may require such property
OWNERS to be members of the ASSOCIATION and they shall have equal voting 43
rights therein on the same basis as OWNERS of property in this SUBDIVISION.
6. Additional Member. The ASSOCIATION shall have the right under conditions 2
and stipulations to be adopted by its Board of Directors, to admit Associate 4
Members, who shall be entitled to use of the COMMON AREAS, under rules and 7
regulations established by the Board of Directors, but shall have no voting rights
in the affairs of the ASSOCIATION. OWNERS of tracts or PARCELS of land in
RIVER PLACE 11 shall be eligible for Associate Membership in the
ASSOCIATION.
VI
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MAINTENANCE CHARGE
1. Creation of Annual Maintenance Charge. Each PARCEL in RIVER PLACE 11, is
hereby subjected to annual maintenance charge of Three Hundred and no /100 ($300)
Dollars per year, payable annually in advance by the OWNER of each PARCEL on
the first day of January of each year, beginning 2002 and each succeeding year
thereafter until terminated as provided below, to the ASSOCIATION, its successors
and assigns, for the purpose of creating a fund described below, known as the
"Maintenance Fund." Where any PARCEL is owned by more than one person or
entity, said maintenance charge shall be payable by all such OWNERS, jointly and
severally. The maintenance charge shall be prorated between purchasers and sellers
of PARCELS in the proportion that the remaining months of the calendar year bear to
the whole year. By acceptance of a deed or other instrument of conveyance, or by
any other claim of legal title to any PARCEL or portion thereof, each OWNER agrees
and consents to the maintenance charge shall be paid for each year from 2002 through
2012 and shall be extended automatically for successive periods of ten (10) years
unless before 2012, or before the 31' day of December of any tenth year thereafter,
the Owners of record of a majority of the PARCELS in the SUBDIVISION vote to
discontinue such charge by written instrument which shall be signed and
acknowledged by the OWNERS of record of a ►aajority of the PARCELS and
recorded in the Official Records of Brazos County, Texas.
2. Liens. The ASSOCIATION shall have a lien against any PARCEL for which the
annual maintenance charge provided herein shall not be paid effective upon the
thirtieth (30 day following the date said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintenance charge
then due, owing and unpaid plus an additional delinquency charge of twelve percent
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(12 %) per annum of the unpaid balance accruing from the date said maintenance 4
charge became due and payable. The ASSOCIATION shall have the right to
evidence the existence of this lien by filing a sworn and acknowledged statement of
lien in the Office of the County Clerk of Brazos County, Texas, but the failure of the
ASSOCIATION to so file a statement of lien shall not affect the validity of the lien as
between the ASSOCIATION and the OWNER.
3. Purpose and Use of Maintenance Fund. The maintenance charge shall be used to 43
pay "maintenance expenses" which shall include without limitation expenses incurred
for any of the following purposes: lighting, constructing, improving and maintaining
any rights of way, casements, entry, streets, sidewalks, paths, fences, lakes, boat
launch, boat house, park, parkways, stables, tracks, pools, lodge, esplanades, and any 4
structures, facilities or area which can be used by all OWNERS which in the opinion 9
of the ASSOCIATION would benefit the SUBDIVISION as a whole; collecting and
disposing of garbage, ashes, rubbish and the like in said areas (other than garbage,
ashes, rubbish, and the like from constructed residential dwellings), caring for vacant
PARCELS, employing watchmen or any other action deemed desirable to protect
persons and property, payment of legal and all other expenses in conncction with the
operation of the ASSOCIATION, and the enforcement of all recorded charges,
restrictions, covenants, agreements and conditions affecting property to which
maintenance apply, payment of all expenses in connection with the collection
and administration of the maintenance charges, and doing any other things necessary
and desirable in the opinion of the ASSOCIATION to keep property neat and in good
order of which it considers of general benefit to the SUBDIVISION. The act of the
ASSOCIATION and its expenditures of the Maintenance Fund shall be final so long
as it acts in good faith.
4. Increases or Reductions to Annual Maintenance Charge. The ASSOCIATION
may increase or reduce the maintenance charge from time to time by action applied
uniformly to all PARCELS in the SUBDIVISION as provided below.
5. Assessments. From and after 2001, the ASSOCIATION'S Board of Directors, at its
next annual or special meeting and at each annual meeting thereafter, shall set the
amount of the monthly assessments for each year for each LOT, taking into
consideration the current maintenance costs and future needs of the ASSOCIATION; •
except, however, the monthly assessments may not be increased in any one year by
more than twenty percent (20 %) of the then existing annual assessment, except on the
affirmative vote of OWNERS entitled to cast two- thirds (2/3) of the votes of the
ASSOCIATION, in person or by proxy at a meeting duly called for such purposes.
• 6. Developer Exemptment. ROBO shall not be liable or in any way responsible for the
payment of any maintenance charge provided for herein.
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VII 4 �I
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
1. In addition to thc annual assessments for maintenance charges authorized above, the 4
ASSOCIATION may levy in any assessment year, special assessments applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, repair or replacement of a capital improvements upon O
the COMMON AREA, including the necessary fixtures and personal property related I
thereto, provided that any such assessment shall have the consent of a three- fourths
(3/4) majority of the votes of the members who are voting in person or by proxy at a t
meeting duly called for this purpose. Written notice of a meeting called for this 4
purpose shall be sent to all members not less than thirty (30) days or more than fifty 9
(50) days in advance of the meeting setting forth the purpose of the meeting and the
proposal to be voted on.
2. No special assessments for capital improvements shall be made under this provision
prior to the time when the membership of the Board of Directors of the
ASSOCIATION is determined by majority vote of the land OWNERS of record
subject to the maintenance charge as hereinabove set forth. i
3. The Special Assessments shall be payable by the OWNERS on the dates and terms as
may be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
VIII
SUBORDINATION OF THE LIEN TO MORTGAGES
1. The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure the payment of monies advanced and uscd for the purpose of purchasing
and/or improving such LOT. Sale or transfer of any LOT or transfer of any LOT
pursuant to a foreclosure under such purchase money or IMPROVEMENT,
mortgages or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of
such assessments as to the payments thereof which became due prior to such sale or
transfer. No sale or transfer shall relieve such LOT from liability for any assessments
thereafter becoming due or from the lien thereof. No extinguishment of the lien shall
relieve the delinquent LOT OWNER from his/her personal obligation and liability
therefor.
IX
EFFECT OF NON - PAYMENT OF ASSESSMENTS: i
REMEDIES OF THE ASSOCIATION
I. Any assessments and charges which are not paid when due are considered delinquent.
If the assessment is not paid within thirty (30) days after thc due date, the assessment
shall bear interest from the date of the delinquency at the rate of twelve percent (12 %)
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per annum. The ASSOCIATION may bring an action at law against the OWNER or 4
member personally obligated to pay the same, or foreclose the lien against the 2
property. Any interest, costs, and reasonable attorney's fees of any such action will
be added to the amount of such assessment. Each OWNER, by his acceptance of a
deed to a LOT hereby expressly vests in the ASSOCIATION, or its agents the right 4
and power to bring all actions against such OWNER personally for the collection of
such charges as a debt and to enforce the aforesaid lien by all methods available for
the enforcement of such liens, including foreclosure by an action brought in the name 0
of the ASSOCIATION in a like manner as a mortgage or deed of trust lien on real
property and such OWNER hereby expressly grants to the ASSOCIATION, a powcr
of sale in connection with said lien. Thc lien provided for in this section shall be in •
favor of the ASSOCIATION, shall be for the benefit of all other LOT OWNERS, and 5
shall be exercisable by a Trustee to be named or designated by the Board of Directors '$
of the ASSOCIATION. Any sale pursuant to this power shall be conducted in
accordance with the provisions of Article 3810 of the Texas Revised Civil Stances
Annotated. The ASSOCIATION acting on behalf of the LOT OWNERS shall have
the power to bid in an interest at foreclosure sale and to acquire and hold, lease,
mortgage, and convey the property.
X
RE- SUBDIVISION
1. No Lot may be re- subdivided into smaller LOTS. This provision does not apply to
any real property reserved by ROBO or to any real property that may be developed as
a part of the SUBDIVISION in the future under a common scheme or plan of
development.
XI
PROPANE PROVIDER
1. ROBO and the ASSOCIATION hereby grant AmeriGas the exclusive right to store
propane in the SUBDIVISION in the amounts AmeriGas deems appropriate,
including, without limitation, in Common Areas;
2. No propane tanks having a capacity in excess of 40 lbs. shall be permitted in the
SUBDIVISION, except for those provided by AmeriGas. This restriction is designed
for aesthetic reasons and to minimize potential safety concems associated with on -site
propane storage;
• 3. ROBO and the ASSOCIATION hereby grant such exclusive easements as arc
depicted on the master plat plan and such other plans as are necessary for, or required
by, AmeriGas, its affiliates and designees, successors and assigns: (i) to provide a
propane storage and distribution system to transmit and deliver propane to individual
units and lots, and to the Common Areas within the SUBDIVISION, and (ii) for the
introduction and storage of propane, which easements shall provide for twenty -four
(24) hour, 365 day a year access to all easement areas in order to service, install,
i.r r ocop.. 17
•
7254
0
maintain, repair, replace, remove or test any part of the propane storage and 4
distribution system. 2
XII 0
MISCELLANEOUS PROVISIONS 4
1. The foregoing Restrictions are adopted as part of and shall apply to each and every
PARCEL in the SUBDIVISION. Such Restrictions are equally for the benefit of all O
subsequent OWNERS or PARCELS in RIVER PLACE II and accordingly, shall be O
covenants running with the land. Any OWNER or lienholder of any of the property
or the ASSOCIATION shall have the power to prosecute in the appropriate court a
suit at taw or in equity to prevent any violation or attempted violation of the 5
Restrictions and to recover damages for any violation or attempted violation j
including, but not limited to, reasonable attorney's fees; provided, however that this
clause shall not restrict any governmental agency from acting to enforce any of the
Restrictions. '
2. The term of the Restrictions shall be for a period from the filing of this instrument for
record in Brazos County, Texas, until the I" day of July, A.D., 2011, after which date
such Restrictions shall be automatically extended for such seccessivc periods of ten
(10) years each, unless and until, by instruments executed by the then record
OWNERS of a majority of the PARCELS in RIVER PLACE 11 and duly recorded in
Official Records of Brazos County, Texas, such Restrictions are altered, rescinded,
modified or changed, in whole or in part.
3. Nothing contained in this document or any violation of any of the Restrictions shall
have the effect of' impairing or affecting the rights of any mortgagee or trustee under
any mortgage or decd of trust outstanding against of the SUBDIVISION or any
portion thereof.
4. Any and all rights, powers and reservations of ROBO herein contained may be
assigned to any person, corporation or association which will assume the duties
pertaining to the particular rights, powers, and reservations assigned, and upon any
such person, corporation or associations' evidencing its consent in writing to accept
such assignment and assume such duties, he or it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same obligations
and duties as are given to and assumed by ROBO herein and ROBO shall thereafter
be released from any future liabilities. The term ROBO as used in this document
includes all such assignees and their heirs, successors and assigns.
5. Every person who now or hereafter owns or acquires any right, title or interest in or to
any property in the SUBDIVISION is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, reservation and restriction
contained herein, whether or not any reference to this declaration is contained in this 1
instrument by which such person acquires an interest in the property.
.WIrt..vocawu.. a 18
07
6. ROBO reserves the right to make minor deviations from the terms of this document to 4
the extent permissible by law and consistent with the general plan for development as 2
herein set out, all without further action or consent by or from any party.
7. The invalidity, violation, abandonment, waiver of or failure to enforce any one or 4
more of or any part of the provisions of this document shall in no way affect or impair
the remaining provisions or parts thereof which shall remain in full force and effect.
8. ROBO, its successors and assigns, shall have the right to bring within the scheme of
this Declaration additional properties thereby subjecting such additional lands to this
Declaration, by filing of Record a Supplementary Declaration with respect to such 2
additional property which shall extend the scheme of this Declaration to such •
property. The ASSOCIATION shall accept same to be owned and managed pursuant
to the terms and conditions of this Declaration.
9. Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration as may
be necessary to reflect the different character, if any, of the added properties as arc
not inconsistent with the scheme of this Declaration. In no event, however, shall such
Supplementary Declaration revoke, modify or add to the covenants established by this
Declaration within the existing SUBDIVISION.
Dated this . day of June, 2001.
ROBO INVESTMENTS, INC.
1...- l /.1 I La*/
Q-
, obert S. Smith
President
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the ay of June, 2001, by
Robert S. Smith, President of ROBO Investments, Inc., on behalf of said corporation.
Ii //a / 141L---/
It, - - TEXAS
-- N OTA�` r ``' r •'.`SAN' FO THE STATE OF
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MY COMMISSION EXPIRES: 9 - A%- ,.)OO 1
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Filed for Record in:
BMW COIN,
a,: Jun 26,P081 at 11:344
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• • Recordings
Dsctant tkrber: •747 254
Asount 44.
Receipt Nuttier - 174955
Jain Xelley
PIE i III fJIMIT IF
I hereby certify that this intrust as
filed a the date ad tin staged berm by it
ad as My naiad is tit/ Mae ad pap
of the sad reads sit
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as staged hers* by n.
Jun 26,2001
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Doi_ Elk Vol F's
0104157B DR 9317 152
MANAGEMENT CERTIF1QATE
STATE OF TEXAS
COUNTY OF BRAZOS
This is a management certificate for RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non - profit corporation, filed pursuant to the requirements
of Section 209.004 of the Texas Property Code, on the date stated below.
1. The name of the Subdivision is RIVER PLACE.
2. The name of the Association is RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non - profit corporation.
3. The subdivision is described in the Final Plat of RIVER PLACE, recorded in Volume
3916, page 201, of the Official Records of Brazos County, Texas.
4. The Declaration of Covenants, Conditions and Restrictions for the subdivision is
recorded in Volume 3933, page 184; Volume 4204, page 234; and Volume 4336,
page 10, all of the Official Records of Brazos County, Texas.
5. The mailing address and contact information for the Association at this time is as
follows:
Bart Munro
Treasurer
7553 River Ridge Dr.
College Station, Texas 77845
Ronald Taylor
President
6984 River Place Ct.
College Station, Texas 77845
Charles Rathke
Secretary
6992 River Place Ct.
College Station, Texas 77845
M„
Doc Qk Vol Ps
01041578 OR 9317 153
Dated the / 7 day of -S , 2009.
RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC.
BY: 9o14 /7e'
Bart Munro, Treasurer
STATE OF TEXAS
COUNTY OF BRAZOS
This in ument was acknowledged before me on the ( day of
�,���' ,►�,f_��� , 2009 by Bart Munro, Treasurer of RIVER PLACE PROPERTY
OW RS' ASSOCIATION, INC., on behalf of said corporation and in the capacity therein
stated.
My co mi sio pies: V
Notary Public, State of Texas
,� •.; 8RINNA INILWPN
Natmfy Public, t1Se011Nw Fi led for Record in:
*TAM M Commision A*N BRAZOS COUNTY
r i MAY 121018
On: Sea 17 at 04:03P
As a
Recordinss
Document Number: 01041578
Amount 15.00
Receipt Number - 374715
Bye
Cynthia Rincon
STATE OF TEXAS, COUNTY OF BRAZOS
1 hereby certify that this instrument was
filed an the date and time stained hereon by me
and was duly recorded in the volume e lame and
of the Official Public records of:
BRAZOS tOUNTY
RECORDING PAID FOR BY: HLE 070447 PRg-,-,Rkti IN TF LAv. OFFICE
AFTER RECORDING RETURN TO: HdtL ll19ES,, t1P , &ELMO E, Pia
se 11 1 rit e )m
WCL\HOA \RIVERPLAC ' MTCERM09 pa}
MANAGEMENT CERTIFICATE HONORABLE KAREN t1CQUEEN, COUNTY CLERK.
BRAZOS COUNTY