HomeMy WebLinkAboutCOVENANTS & RESTRICTIONSSchultz Engineering, LLC
Office: 979.764.3900
Fax: 979.764.3910
June 7, 2013
Teresa Rogers
Staff Planner
City of College Station
1101 Texas Avenue
College Station, TX 77840
Re: WILLIAMS CREEK PH 6 (FP) —12- 00500224
Dear Ms. Rogers:
Attached are the following are executed copies HOA documents for the above referenced project:
• Estates of Williams Creek Owners Association
• Declaration of Covenants, Conditions and Restrictions for Williams Creek Subdivision Phase 6
If you have any questions, please do not hesitate to call.
Very truly yours,
P.O. Box 11995 • College Station, Texas 77842
schultzengineeringllc.com
Schultz Engineering, LLC.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
WILLIAMS CREEK SUBDIVISION
PHASE 6
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
WHEREAS, JOE JOHNSON and wife, JANET JOHNSON (collectively, the
"Declarant "), are the owners of that real property in Brazos County, Texas, which is more
fully described on Exhibit "A " , attached hereto and incorporated herein by reference and
any future additions thereto (the "Property "); and
WHEREAS, the Declarant desires to convey the Property subject to certain protective
covenants, conditions, restrictions, liens and charges as hereinafter set forth; and
WHEREAS, Declarant desires to create and carry out a uniform plan for the
improvement, development and sale of the Property for the benefit of the present a and future
owners of the Property;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby
declared (i) that all of the Property shall be held, sold, conveyed and occupied subject to the
following covenants, conditions, restrictions, liens and charges, which are for the purpose of
protecting the value and desirability of, and which shall run with, the Property and which shall be
binding on all parties having any right, title, or interest in or to the Property or any part thereof,
their heirs, successors, and assigns, and which shall inure to the benefit of each owner thereof,
and (ii) that each contract or deed that may hereafter be executed with regard to the Property or
any portion thereof shall conclusively be held to have been executed, delivered and accepted
subject to the following covenants, conditions and restrictions regardless of whether or not the
same are set out or referred to in said contract or deed.
ARTICLE I.
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when
used in this Declaration shall have the meanings hereinafter specified:
1.01 Accessways "Accessways" as used herein shall have the meaning given to such
term in Section 9.01 herein.
1.02 Architectural Control Committee "Architectural Control Committee" shall mean
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the committee created pursuant to this Declaration to review and approve
plans for the construction of Improvements on the Property.
1.03 Architectural Control Committee Rules "Architectural Control Committee
Rules" shall mean the rules and regulations adopted by the Architectural Control
Committee, as the same may be amended from time to time.
1.04 Articles "Articles" shall mean Certificate of Formation of the Estates of
Williams Creek Owners Association, as that instrument may be amended
from time to time, which instrument is filed in the office of the Secretary of
State of the State of Texas.
1.05 Assessment "Assessment" or "Assessments" shall mean such assessments as
may be levied by the Estates Association under the terms and provisions of this
Declaration.
1.06 Board "Board" shall mean the Board of Directors of the Estates Association.
Except as otherwise provided herein, Board members must be Members of the
Estates Association.
1.07 Bylaws "Bylaws" shall mean the Bylaws of the Estates Association as adopted
by the Board, and from time to time amended.
1.08 City. "City" shall mean the City of College Station, Texas.
1.09 Common Areas "Common Areas" shall mean any land conveyed, leased,
dedicated or assigned by Declarant, or by a third party with the Estates
Association's consent, to the Estates Association for maintenance and operation,
including, but not limited to, easements, roads, entry ways, private streets, water
detention and drainage, roadways, rights -of -way, parkways, median strips,
sidewalks, parks, trails, paths, ponds, creeks and lakes within the Property.
1.10 Declarant "Declarant" shall mean JOE JOHNSON and wife, JANET
JOHNSON; provided that any assignment of the rights of JOE JOHNSON and
wife, JANET JOHNSON, as Declarant must be expressly set forth in writing
and the mere conveyance of a portion of the Property without written
assignment of the rights of Declarant shall not be sufficient to constitute an
assignment of the rights of Declarant hereunder.
1.11 Declaration "Declaration" shall mean this instrument as it may be amended from
time to time.
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1. 12 Dwelling Unit "Dwelling Unit" shall mean and refer to any building or portion of
a building situated upon the Property which is designed and intended for use and
occupancy as a residence by a single person, a couple, a family or a permitted
family size group of persons.
1.13 Estates Association "Estates Association" shall mean the Estates of Williams
Creek Owners Association, a Texas non - profit corporation made up of those
persons defined as "Owners" in the Declaration, which shall have authority and
responsibility for all of the subdivision of Williams Creek, as hereafter defined.
1.14 Estates Residential Restrictions "Estates Residential Restrictions" shall mean
this Declaration, as the same may be amended from time to time, together with
the Estates Rules, Architectural Control Committee Rules and the Articles and
Bylaws of the Estates Association as the same are in effect from time to time.
1.15 Estates Rules "Estates Rules" shall mean the rules and regulations adopted by the
Board as the same may be amended from time to time.
1.16 Governing Documents "Governing Documents" shall mean in the case of the
Estates Association, this Declaration and the Articles and By -laws of Estates of
Williams Creek Owners Association, as the same may be amended from time to
time and filed of record, if applicable.
1.17 Improvement "Improvement" shall mean every structure and all appurtenances
thereto of every type and kind, including, but not limited to buildings,
outbuildings, storage sheds, patios, tennis courts, swimming pools, garages,
storage buildings, fences, screening walls, retaining walls, stairs, decks,
landscaping, poles, signs, exterior air conditioning, water softener fixtures or
equipment, and poles, pumps, walls, tanks, reservoirs, pipes, lines, meters,
antennae, towers and other facilities used in connection with water, sewer, gas,
electric, telephone, regular or cable television, or other utilities.
1.1 S Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property
shown as a subdivided lot on a recorded plat of all or any part of the Property,
together with all improvements located thereon and any parcel or parcels of
land within any addition to the existing Property as may be made pursuant to
Article II, Section 2.02 of this Declaration.
1. 19 Member "Member" or "Members" shall mean an Owner of a Lot or unit in the
Estates Association who is accordingly a member of the Estates Association.
1.20 Mortgage "Mortgage" or "Mortgages" shall mean any mortgage or deed of trust
covering any portion of the Property given to secure the payment of a debt.
1.21 Mortgagee "Mortgagee" or "Mortgagees" shall mean the holder or holders of
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any Mortgage or Mortgages.
1.22 Owner "Owner" or "Owners" shall mean a person or persons, entity or entities,
including Declarant, holding a fee simple interest in any Lot on the Property,
but shall not include a Mortgagee.
1.23 Person "Person" or "Persons" shall mean any individual, individuals, entity or
entities having the legal right to hold title to real property.
1.24 Plans and Specifications "Plans and Specifications" shall mean any and all
documents designed to guide or control the construction or erection of any
Improvement, including, but not limited to, those indicating location, size, shape,
configuration, materials, site plans, design development plan, excavation and
grading plans, specifications on all building products and construction
techniques, samples of exterior colors, plans for utility services, and all other
documentation or information relevant to such Improvement.
1.25 Reserve Funds "Reserve Funds" as used herein shall have the meaning given to
such term in Section 7.07(e) herein.
1.26 Resident "Resident" shall mean and refer to each owner of the fee simple title to
any Lot within the Property; and each individual lawfully and permitted by this
Declaration to be domiciled in a Dwelling Unit on a Lot other than Owner.
1.27 Williams Creek "Williams Creek" shall mean the "community", or subdivision,
consisting of the Property, i.e., being Williams Creek PHASE 6. The Declarant, or
the Board, shall have the authority to declare other tracts subject to the same or
similar residential restrictions, and to award membership in the Estates
Association to lot owners of other subdivisions, or to merge with other
associations, on terms acceptable to the Board.
1.28 Williams Creek PHASE 6 . "Williams Creek PHASE 6" shall mean the
subdivision created by plat recorded in Volume , Page of the
Official Records of Brazos County, Texas.
ARTICLE H.
DEVELOPMENT OF THE PROPERTY
2.01 Development by Declarant Declarant may divide or subdivide the Property into
several areas, develop some of the Property, and, at Declarant's option, sell any
portion of the Property free of the restrictions set forth in this Declaration.
Williams Creek PHASE 6 may have up to twenty -two (22) separately platted Lots
which shall be subject to this Declaration.
2.02 Addition of Land Declarant may, at any time and from time to time, add any
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other lands to the Property, and upon such addition, this Declaration and
the covenants, conditions, restrictions and obligations set forth herein shall apply
to the added land, and the rights, privileges, duties and liabilities of the persons
subject to this Declaration shall be the same with respect to the added land as
they are with respect to the lands originally covered by this Declaration, except
as specifically modified in a Supplemental Declaration (as defined below). In order
to add lands to the Property hereunder, Declarant shall be required only to record
in the Official Records of Brazos County, Texas, a notice of addition of land (the
"Supplemental Declaration ") containing the following provisions:
a. A reference to this Declaration, which shall state the book and page
numbers of the Official Records of Brazos County wherein this Declaration is
recorded;
b. A statement that the provisions of this Declaration shall apply to the
added land, except as modified in the Supplemental Declaration; and
c. A legal description of the added land.
2.03 Withdrawal of land. Declarant may, at any time and from time to time, reduce
or withdraw areas owned by it from the Property, and upon such withdrawal,
this Declaration and the covenants, conditions, restrictions and obligations set
forth herein shall no longer apply to those lands withdrawn. In order to withdraw
lands from the Property hereunder, Declarant shall be required only to record in
the Official Records of Brazos County, Texas, a notice of withdrawal of land
containing the following provisions:
a. A reference to this Declaration, which reference shall state the book
and page numbers of the Official Records of Brazos County wherein this
Declaration is recorded.
b. A statement that the provisions of this Declaration shall no longer apply
to the withdrawn land; and
c. A legal description of the withdrawn land.
ARTICLE III. GENERAL
RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed
subject to the following limitations and restrictions:
3.01 Construction of Improvements No Improvements shall hereafter be constructed
upon any of the Property without the prior approval of the Architectural Control
Committee. Residential improvements must be completed on all Lots prior to the
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expiration of four (4) years from date of sale of any Lot(s) by Declarant to the
first purchaser thereof unless a variance has been granted by the Architectural
Control Committee.
3.02 Antennas No exterior antennas, aerials, satellite dishes, or other apparatus for the
transmission of television, radio, satellite or other signals of any kind shall be
placed, allowed, or maintained upon any portion of the Property, including any Lot,
which is visible from any street, common area, trails, or other Lot unless it is
impossible to receive signals from said location. In that event the receiving
device may be placed in a visible location as approved by the Architectural
Control Committee. The Architectural Control Committee may require as much
screening as possible while not substantially interfering with reception. The
Declarant and/or the Estates Association shall have the right, without obligation,
to erect or install an aerial, satellite dish, master antenna, cable system, or other
apparatus for the transmission of television, radio, satellite or other signals for the
benefit of all or a portion of the Property. No satellite dishes shall be permitted
which are larger than 1 meter in diameter. No broadcast antenna mast may exceed
the height of the center ridge of the roofline. No MMDS antenna mast may
exceed the height of twelve feet (12') above the center ridge of the roofline. No
exterior antennas, aerials, satellite dishes, or other apparatus which transmit
television, radio, satellite or other signals of any kind shall be placed, allowed, or
maintained upon any portion of the Property. The Declarant by promulgating
this section is not attempting to violate the Telecommunications Act of 1996 ( "the
Act "), as may be amended from time to time. This section shall be interpreted to be
as restrictive as possible while not violating the Act.
3.03 Insurance Rates Nothing shall be done or kept on the Property which would
increase the rate of insurance or cause the cancellation of insurance on any Lot
or any of the Improvements located thereon without the prior written approval of
the Board.
3.04 Subdividing No Lot shall be further divided or subdivided, nor may any
easement or other interest therein less than the whole be conveyed by the Owner
thereof without the prior written approval of the Architectural Control Committee;
provided, however, that when Declarant is the Owner thereof, Declarant may
further divide and subdivide any Lot and convey an easement or other interest
less than the whole, all without the approval of the Architectural Control
Committee.
3.05 Signs, Display of Religious Items No sign of any kind shall be displayed to the
public view on the Property without the prior written approval of the
Architectural Control Committee, except for the following: (i) signs which are
part of Declarant's overall marketing plan for the Property; (ii) one (1) sign per
Lot, not exceeding 2' x 3' in area, fastened only to a stake in the ground and
extending not more than three (3') feet above the surface of such Lot advertising
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the Property for sale or lease; (iii) in accordance with Section 202.009 of
the Texas Property Code, as amended, one or more signs advertising
a political candidate or ballot item for an election (1) on or after
the ninetieth (90` day before the date of the election to which the
sign relates, and (2) before the tenth (10` day after the election;
provided that only one sign is allowed per Lot for each candidate or
ballot item such sign and that any such sign (a) is ground- mounted;
(b) cannot contain roofing material, siding, paving materials, flora,
one or more balloons or lights, or any other similar building,
landscaping or non - standard decorative component; (c) cannot be
attached in any way to plant material, a traffic control device, a
light, a trailer, a vehicle or any other existing structure or object;
(d) cannot include the painting of architectural surfaces; (e) cannot
threaten the public health or safety; (f) cannot be larger than 4 feet
by 6 feet; (g) cannot violate a law; (h) cannot contain language,
graphics or any display that would be offensive to the ordinary
person; and (i) cannot be accompanied by music or other sounds or
by streamers or as otherwise distracting to motorists; (iv) signs
containing information about one or more children residing in the residence on
a Lot and the school they attend, provided the sign is not more than 36" x 36" and
is fastened only to a stake in the ground and there shall be no more than one
sign for each child under the age of eighteen (18) residing in the residence, and
said signs may not be displayed more than ten (10) days in any calendar month,
for more than three (3) months in a calendar year; (v) signs or stickers provided
to an Owner by a commercial security or alarm company provided service to the
residence, provided the sign is not more than 8" x8" or the sticker is no more
than 4" x 4" and there shall be no more than one sign and no more than six (6)
stickers located on the windows or doors; (vi) stickers on windows and doors
for the "Child Find" program or a similar program sponsored by a local police
and/or local fire department; or (vii) a builder or lender may place certain
information and advertising signs on Lots without the prior permission of the
Architectural Control Committee.
To the extent allowed by law, no Lot Owner or its residents may display or affix a
religious item on the entry to an Owner's or resident's residence that (i) threatens
the public health or safety, (ii) violates a law, (iii) contains language, graphics or
any display that is patently offensive to a passerby; (iv) is in a location other than
the entry door or door frame or extends past the outer edge of the door frame of the
Owner's or Resident's Dwelling Unit; or (v) individually, or in combination with
each other religious item displayed or affixed on the entry door or door frame has a
total size of greater than 25 square inches. Except as otherwise provided in Section
202.018 of the Texas Property Code, as amended from time to time, an Owner may
not use a material or color for an entry door or door frame of the Owner's or
Resident's Dwelling Unit or make an alteration to the entry door or door frame that
is not authorized by the terms of this Declaration.
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If any sign or religious item is placed within the subdivision in violation of
this Declaration, the Estates Association or its agents shall be authorized to
enter upon any Lot or homesite and remove and/or dispose of any such sign
violation, and in doing so shall not be subject to any liability for trespass, other
tort or damages in connection with or arising from such entry, removal and/or
disposal nor in any way shall the Estates Association or its agent be liable for
any accounting or other claim for such action.
3.06 Rubbish and Debris No rubbish or debris of any kind shall be placed or
permitted to accumulate upon the Property and no odors shall be permitted to arise
therefrom so as to render the Property or any portion thereof unsanitary, unsightly,
offensive or detrimental to any other Property or to its occupants. Refuse,
garbage and trash shall be kept at all times in covered containers and such
containers shall be kept within enclosed structures or screened from view from the
street, adjoining Lots and other parts of the Property. If rubbish or debris
accumulates upon any Lot in violation of this provision in the judgment of the
Estates Association, the Estates Association may remove the rubbish or debris,
and charge a special assessment to the Owner of the Lot.
3.07 Disposal of Trash No part of the Property shall be used or maintained as
dumping grounds for rubbish. Trash, garbage or other equipment for storage or
disposal of such material shall be kept in a clean and sanitary condition.
3.08 Neat and Clean Condition Owners shall not permit the accumulation of trash,
rubbish, weeds, or other unsightly obstacles on their Lots or on the easements on
such Lots or on the streets abutting the same. Each Owner shall be responsible
for proper disposition of his trash and garbage. Owners must maintain all
portions of their Lots visible from a street, trail, Common Area or Dwelling Unit
on another Lot in a neat and clean condition.
3.09 Noise No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of
the Property or to its occupants.
3.10 Li_ hg ting No exterior lighting of any sort shall be installed or maintained on a Lot
where the light source is offensive or a nuisance to neighboring property, except
for reasonable security or landscape lighting that has the approval of the
Architectural Control Committee.
3.11 Nuisance No noxious or offensive activity or work shall be conducted upon any
Lot so as to impair the structural soundness or integrity of any Improvement of any
other Lot, or which may be or may become an annoyance or nuisance to the
neighborhood.
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3.12 Repair of Improvements All Improvements upon the Property, including any
Lot, shall at all times be kept in good condition and repair and adequately painted
or otherwise maintained by the Owner or Owners thereof.
3.13 Alteration or Removal of Improvements Exclusive of normal maintenance, any
construction or removal in connection with any Improvement which in any
way alters the exterior appearance of said Improvement shall be performed only
with the prior written approval of the Architectural Control Committee.
3.14 Roofing Materials The surface of all roofs of principal and secondary structures
shall be wood, shingle, shakes, tile or quality composition shingle. The
Architectural Control Committee shall have authority to approve other roof
treatments and materials when in its determination such treatments and
materials in the form utilized will not be a detriment to the quality of the
neighborhood.
3.15 Solar Equipment In the event an Owner desires to use solar panels or other solar
equipment in connection with the use of any Lot which may be seen from the
street, adjoining Lots or other parts of the Property, the location and installation
design thereof shall be submitted to the Architectural Control Committee and
approval of such design, including the aesthetics thereof, shall be required before
construction may begin with such approval being subject to the terms set forth in
Texas Property Code Section 202.010, as amended or re- codified from time to
time; provided however Declarant retains the right to prohibit or restrict an Owner
from installing a solar energy device (as defined in Section 202.010 of the Texas
Property Code) until the Transition Date (defined in Section 5.03 herein). Any
solar energy device, solar panels or other solar equipment approved for a Lot must
not be in violation of the prohibited conditions described in Section 202.010(d)(1)
through (8) of the Texas Property Code, as amended or re- codified from time to
time.
3.16 Driveways All driveways on a Lot accessing an Access Road must have an
asphalt or concrete driveway apron. All driveways require a culvert over the
borrow ditch. The culvert must be constructed entirely of concrete with concrete
end treatments. The size of the culvert pipe to be constructed on the driveway
of a particular lot shall be as determined and approved by the Architectural
Control Committee.
3.17 Tanks Except as otherwise approved by the Architectural Control Committee, all
tanks for the storage of gas, propane or oil shall be fenced so as not to be visible
from any other Lot, street or trail or installed below ground level. The
Architectural Control Committee must approve the location of any other type of
tank used on a Lot.
3.18 Underground Utility Lines No utility lines, including, but not limited to, wires or
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other devices for the communication or transmission of telephone or electric
current or power, cable television or any other type of line or wire shall be erected,
placed or maintained anywhere in or upon any portion of the Property unless the
same shall be contained in conduit or cables installed and maintained
underground or concealed in, under or on Improvements as approved in writing by
the Architectural Control Committee, provided, however, that no provision
hereof shall be deemed to forbid the erection of temporary power or telephone
structures incident to the construction of improvements which have been
previously approved in writing by the Architectural Control Committee. The
installation method, including but not limited to location, type of installation
equipment trenching method and other aspects of installation for both
temporary and permanent utilities, shall be subject to review and approval by the
Architectural Control Committee.
3.19 Storm water Management Owners and their contractors shall be responsible for
the management of storm water during construction or ground disturbing
activities to prevent erosion and sedimentation from leaving the immediate
construction site or entering into any existing or contemplated waterway,
drainageways, and roadside ditches. During construction of a Dwelling Unit,
structure, improvement, foundations, driveways, barns, approved landscape
areas, or any other construction requiring soil grading activities, Owners and
their contractors and agents must use appropriate storm water management
measures, such as silt fencing or hay bales between the construction area and
drainageways. Final stabilization with seeding or mulch is required to minimize
erosion following construction.
3.20 Drainage Maintenance Owners shall be responsible for keeping Drainage
Easements (as defined in Section 8.03 herein) and any drainage maintenance
easements along any creek, channel or tributary free as designated by the
Architectural Control Committee of obstructions and shall not permit fences or
other obstructions to be placed in said easements. Owners shall also be
responsible for stabilization of slopes in Drainage Easements and designated
drainage maintenance easements.
3.21 No Pollution No act may be performed which is likely to pollute the air or water
in any part of the Property, nor may any Owner violate any federal, state or local
ordinance or regulation designed to eliminate pollution at that time in force.
3.22 Hazardous Activities No activities shall be conducted on the Property and no
Improvements shall be constructed on the Property that are or might be unsafe or
hazardous to any person or property. Without limiting the generality of
the foregoing, no firearms or fireworks shall be discharged upon the Property,
and no open fires shall be lighted or permitted except within safe and well
designed interior fireplaces, or in contained barbecue units while attended and in
use for cooking purposes.
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3.23 Mining and Drilling No oil drilling, oil development operations, oil refining,
quarrying or mining operation of any kind shall be permitted upon or in any Lot,
nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon
any Lot. No water storage tanks greater than 500 gallons can be constructed. No
derrick or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any Lot.
3.24 Machinery and Equipment Without the approval of the Estates
Association or Declarant, no machinery or equipment of any kind shall be placed,
operated or maintained upon or adjacent to any Lot or Common Area except,
during construction, such machinery or equipment as is usual and customary
in Brazos County, Texas, in connection with the use, maintenance, or
construction of a private residence or appurtenant structures or recreational
facilities maintained by the Estates Association; provided, however, such
machinery or equipment may be placed, operated or maintained by any
governmental or quasi - governmental agency, or by a public utility, in the
performance of its legitimate functions.
3.25 Septic Systems No Dwelling Unit shall be built without a State of Texas, Brazos
County, or other required governmentally approved septic tank or other sewage
disposal system that is so approved.
3.26 Temporary Structures No tent, shack or other temporary building, improvement
or structure shall be placed upon the Property without the prior written
approval of the Architectural Control Committee; provided, however, that
the Declarant may maintain or authorize temporary structures necessary for
storage of tools and equipment, and for office space for builders 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.
3.27 Unsightly Articles; Vehicles No trailer, recreational vehicle, motor home, tent,
boat, or stripped down, wrecked, junked, or vehicle not legally operable on public
streets shall be kept, parked, stored, or maintained on any portion of the driveway
or front yard in front of the building line of the permanent structure, and same
shall be kept, parked, stored or maintained on other portions of a Lot only within
an enclosed structure or a screened area which prevents the view thereof from
adjacent Lots or streets. No dismantling or assembling of motor vehicles, boats,
trailers, recreational vehicles, or other machinery or equipment shall be permitted
in any driveway or yard.
3.28 Fencing. All fencing within view of any street or access road, Common Area,
Dwelling Unit on another Lot, trail or a lake shall be constructed of metal (e.g.,
wrought or decorative iron) in size, design, location and height as approved by
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the Architectural Control Committee. Fencing Guidelines issued by the
Architectural Control Committee, if any, will include, without limitation,
requirements regarding fence types, locations and quality of materials. Prior
to designing, ordering or acquiring any fencing materials or designs for a Lot, all
Owners must obtain approval from the Architectural Control Committee. No wire
fence (hog wire or chicken wire) may be built if visible from a street, trail,
Common Area, and Dwelling Unit on another Lot. No fire hydrants can be
fenced so as to impede access thereto from a public right of way.
3.29 Animals — Household Pets No animals, including pigs, hogs, swine, wild
animals, horses, cattle, sheep, goats or any other type of animal not
considered to be a domestic household pet within the ordinary meaning and
interpretation of such words may be kept or maintained on a Lot; provided
however (i) a special 4 -H or FFA school project, other than those involving
swine, pigs or hogs, may be allowed so long as the prior approval of the
Architectural Control Committee for such project has been obtained, and (ii)
Lots containing 5 acres or more in size shall be allowed one (1) animal unit
per one and one -half (1.5) acre. Animal unit is one (1) cow or horse. No
animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot
within the Property for commercial purposes. No swine may be kept or
maintained on any Lot; and any special 4 -H or FFA school project involving
swine, pigs or hogs is prohibited unless a prior written variance has been
granted by the Board, at its sole discretion. There will be no wild, exotic, or
naturally undomesticated animals allowed to be caged or otherwise kept on any
Lot. All poultry must be caged and must be kept no closer than fifty (50) feet of
any Lot line. No animals including dogs and cats will be allowed to roam free in
the subdivision and all of such animals shall be kept within enclosed areas which
must be clean, sanitary and reasonably free of refuse, insects and waste at all
times. Such enclosed area shall be constructed in accordance with Plans and
Specifications approved by the Architectural Control Committee, shall be of
reasonable design and construction to adequately contain such animals in
accordance with the provisions hereof, and shall be screened so as not to be visible
from adjoining Lots, streets and other parts of the Property. No more than three (3)
adult dogs and two (2) adult cats may be kept on a single Lot. All domestic
household pets shall be kept in strict accordance with all local laws and ordinances.
In the event any animal creates a nuisance to the Subdivision in the sole and
exclusive opinion of the Architectural Control Committee such animal will be
removed from Williams Creek, PHASE 6. The Architectural Control Committee
shall have the right to enter and remove any such animal which is placed on any
Lot in violation of this Section, and in so doing, shall not be liable and is
expressly relieved from any liability for trespass or other tort in connection
therewith, or arising from such removal. The Architectural Control Committee has
the right to enforce the removal of any unsightly structures, feeding and/or watering
devices
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3.30 Maintenance of Lawns and Plantings Each Owner shall keep all shrubs, trees,
grass and plantings of every kind on such Owner's Lot cultivated, pruned, and
free of trash and other unsightly material. Subject to Section 3.34 below, trees,
shrubs, vines and plants that die shall be promptly removed. Declarant, the
Estates Association and the Architectural Control Committee shall have the right
at any reasonable time after not less than ten (10) days' written notice to Owner
to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grass or
other plantings located thereon, and to charge the cost thereof to the Owner of the
Lot as provided in Section 5.04(E) below.
3.31 Landscape Design All houses must be properly landscaped and a sprinkler
system installed in the entire front yard prior to occupancy. A written variance
for landscaping can be granted by the Architectural Control Committee. All
landscaping shall be designed so as to protect and promote, as far as
practicable, the natural local landscape environment through use of native
materials, natural drainage, indigenous plant selection and site design. All
landscaping designs shall:
(A) Wherever possible, save and incorporate into the Plans and
Specifications, existing trees having trunk diameters of four (4) or more inches.
To insure the viability of these trees, soil compacting, trenching and/or cut and
fill shall be avoided, to the greatest extent possible, in the area defined by a tree's
dripline.
(B) Maintain or enhance, wherever possible, existing vegetation within
drainage easement to prevent erosion, siltation or impediment of runoff
augmented by development.
(C) Install live, growing sod covering the front and side yards to the city
street and maintain such street strip, prior to occupancy of any residence
constructed on a Lot, and an equivalent substitute which achieves as satisfactory
a ground cover in approximately the same period of time in the backyard, all
such ground cover to be indigenous to or commonly used in the area, and
maintained in a healthy and growing condition.
(D) Install live, growing and healthy shrubs, bushes, vegetation, trees, and
front yard must be sodded, prior to occupancy of any residence constructed on a
Lot, which have a retail value for materials and labor equal to at least
$1,500.00. Existing indigenous shrubs, trees, bushes and vegetation shall not be
included within this requirement, nor shall ground cover, mulch, grass, sod or
bed preparation. The Estates Association may cure any default of this
covenant in the manner provided in Article V hereof.
3.32 Construction and Sales Activities Notwithstanding any provision herein to the
contrary, this Declaration shall not be construed so as to unreasonably interfere
{00195139 41 13
with or prevent normal construction activities during the construction of
Improvements by an Owner (including Declarant) upon any Lot within the
Property, or the sale of any Lot thereafter. Specifically, no such construction
activities shall be deemed to constitute a nuisance or a violation of this
Declaration by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such
construction is pursued to completion with reasonable diligence and conforms
to usual construction practices in the area. No building material of any kind
shall be placed or stored upon any Lot until the Owner thereof is ready to
commence Improvements, and then the material shall be placed within the
property lines of the Lot upon which the Improvements are to be erected and
shall not be placed on the street or on any other part of the Property. In the event
of any dispute regarding such matters, a temporary waiver of the applicable
provision may be granted by the Architectural Control Committee, provided that
such waiver shall be only for the reasonable period of such construction. At such
time as the Declarant ceases using any portion of the Property as a model home
or sales office, the affected Property shall be altered and/or remodeled, if necessary
or desirable, to comply with the covenants and restrictions contained herein.
3.33 Mailbox If required by the United States Postal Service (the
"USPS "), each Lot will receive mail service only by way of a
cluster mailbox provided by the USPS in a location to be
determined by USPS. Issuance of keys, and replacement of lost
or stolen keys, will be directed by the USPS. Maintenance of
the cluster mailbox structures will be the responsibility of the
USPS; provided, however, if the USPS ever discontinues the
maintenance of such cluster mailbox, the Estates Association
may maintain, repair and replace such cluster mailbox at the
Board's discretion. Unless allowed by the USPS, no Owner
may construct a stand -alone mailbox on such Owner's Lot and
i f a 11 o w e d, s u c h mailboxes shall be erected and maintained on each Lot upon
which a residence is situated at the sole cost of the Lot Owner, and shall be fixed
on masonry stanchions (columns), approved by the Architectural Control
Committee. No metal post stands shall be permitted. Each mailbox, if allowed,
shall be new when installed, constructed of durable steel or aluminum, and of a
size and shape conforming to postal authority standards for single family
residential postal depositories. Mailboxes, if allowed on an Owner's Lot by the
USPS, shall be located on the curb in accordance with postal regulations.
3.34 Sight Lines No fence, wall, hedge, or shrub planting which obstructs sight lines
from streets on the Property shall be placed or permitted to remain on any corner
Lot within the area defined by a line drawn between two points located forty
(40') feet from the point of intersection of the street right -of -way property
lines immediately adjacent to the Lot, as reasonably located by the
Architectural Control Committee. Measurement shall be by chord, not by arc. No
100195139 41 14
tree shall be permitted to remain within such areas, unless the foliage is maintained
at sufficient height to prevent obstruction of such sight lines.
3.35 Garages Garages must be at least a two -car garage unless prior written approval
is obtained from the Architectural Control Committee. No garage, or any portion
thereof, may be converted into enclosed living space unless an alternative
garage of at least equal size is constructed and the plans and specifications
for the conversion and construction are first approved in writing by the
Architectural Control Committee.
3.36 Room and Board Plans No Owner shall permit any Lot or Improvement on any
Lot to be used in whole or in part by tenants on rooming or boarding plans or
contracts. Any single family lease must be approved by the Architectural Control
Committee prior to taking of possession by any lessee.
3.37 Compliance with Provisions of Estates Residential Restrictions Each Owner
shall comply strictly with the provisions of the Estates Residential Restrictions as
the same may be amended from time to time. Failure to comply with any of
the Estates Residential Restrictions shall constitute a violation of this Declaration,
and shall give rise to a cause of action to recover sums due for damages or
injunctive relief or both, maintainable by the Board on behalf of the Estates
Association or by any aggrieved Owner. Declarant, for itself, its successors or
assigns, reserves the right to enforce these restrictive covenants, though it may
have previously sold and conveyed all subdivided Lots controlled by these
covenants within the Property. The reservation of this right of enforcement shall
not create an obligation of any kind to enforce the same.
3.38 No Warranty of Enforceability. While Declarant has no reason to believe that
any of the restrictive covenants or other terms and provisions contained in this
Article III or elsewhere in this Declaration are or may be invalid or
unenforceable for any reason or to the extent, Declarant makes no warranty or
representation as to the present or future validity or enforceability of any such
restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance
upon one or more of such restrictive covenants, terms or provisions shall assume
all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees
to hold Declarant harmless therefrom.
ARTICLE IV.
RESIDENTIAL RESTRICTIONS
4.01 Residential Use All Lots shall be improved and used solely for single family
residential purposes inclusive of a garage, fencing and such other Improvements as
are necessary or customarily incident to residential use. No Owner shall
occupy or use his Lot or any improvements constructed thereon, or permit the
same or any part thereof to be occupied or used for any purpose, including
{00195139 41 15
religious, other than as a private residence for the Owner, his family and guests.
All Lots within the Property shall be used and improved solely for single family
residential purposes, with no more than one (1) attached residential Dwelling Unit
per Lot. The term "single family" as used in this Section 4.01 shall refer not only
to the architectural design of the Dwelling Unit but also to the permitted number
of inhabitants which is limited to a single nuclear family. A "single nuclear
family" is any number of persons related within the second degree of
consanguinity or affinity, living with not more than one (1) person who is not
so related as a single household unit and one household employee of such
household unit. It is not the intention of Declarant to exclude from a homesite any
individual who is authorized to remain by any state or federal law. Anything
herein to the contrary notwithstanding, any Lot may be used or improved for
greenbelt, open space and/or drain field purposes. No Improvement may be
constructed upon any Lot that would unreasonably obstruct the view from other
portions of the Property, and the positioning of all Improvements upon Lots
within the Property is hereby expressly made subject to Architectural Control
Committee review. The Architectural Control Committee may, but shall not be
required to prevent or allow the construction of a proposed Improvement based
upon the effect it will have upon the view from any particular Lot. The
Architectural Control Committee may consider the effect the Improvement will
have on the Property as a whole, it being expressly understood that neither
the Architectural Control Committee nor the members thereof shall be liable
to any Owner in monetary damages or otherwise due to the construction of any
Improvement within the Property or the creating thereby of an obstruction to the
view from such Owner's Lot or Lots.
4.02 Outbuildings Every outbuilding, inclusive of such structures as a detached
garage, storage building, greenhouse, or barns, shall be compatible with the
Dwelling Unit to which it is appurtenant in terms of its design and material
composition. All such buildings are subject to approval by the Architectural
Control Committee.
4.03 Building Materials, Dwelling Size. All single family dwellings shall be of
recognized standard construction quality, and all exteriors (exclusive of doors,
windows, and similar openings) shall be constructed at least eighty percent
(80%0) architectural masonry or other material specifically approved in writing
by the Architectural Control Committee. Masonry includes ceramic tile, brick,
rock, stucco and all other materials commonly referred to in the College Station,
Texas area as masonry. The Architectural Control Committee may at its sole
discretion approve the use of plantation board siding, Hardi plank board, or real
wood siding that does not meet the 80% architectural masonry rule described
above. Unless an exception is granted by the Architectural Control Committee,
all single family Dwelling Units in Williams Creek, PHASE 6 shall contain not
less than two thousand nine hundred (2,900) square feet of enclosed living
space for dwellings constructed on Lots, in all cases exclusive of porches
{00195139 4} 16
(open or covered), decks, garages and carports. Each residence built on a Lot
shall include an enclosed attached or detached garage or other structure
sufficient to meet the requirements of Sections 3.16, 3.27 and 3.35 above.
4.04 Construction in Place The use of prefabricated materials, including antique
homes moved from other locations, shall not be allowed.
4.05 Set -back Requirements No building shall be located or erected nearer to any Lot
line bordering a street right -of -way than the building line shown on the recorded
plat of the Property subdivision section which includes such Lot. No building
shall be located nearer than twenty (20') feet to any interior side Lot lines. No
building shall be located nearer than fifty (50') feet from any front or rear Lot
lines.
4.06 Replat Right for Lots 35 and 36, Phase 6, Williams Creek PHASE 6
Notwithstanding anything herein to the contrary, Declarant reserves the right, for
each of them , Declarant's heirs and/or any estate planning entity or trust created
for the benefit of the Declarants and/or their heirs, to re -plat Lot 35 and Lot 36,
Block 7 of Phase 6 into one single platted lot (the "Declarant Lot ") without
requiring any necessary approval of the Estates Association or the Architectural
Control Committee. At such time, the Declarant Lot will only be assessed as one
Lot as provided herein; provided, however, if the Declarant Lot is ever sold or
transferred to any person or entity other than Declarant, Declarant's heirs and/or
any estate planning entity or trust created for the benefit of the Declarants and/or
their heirs, such the Declarant Lot shall then be assessed as two (2) separate Lots.
Each Owner, Resident and Member waives, relinquishes and shall not directly or
indirectly exercise any and all rights, powers or abilities, to contest, object,
challenge, dispute, obstruct, hinder or in any manner disagree with the replat of the
Declarant Lot into one Lot as described in the paragraph.
ARTICLE V.
ESTATES OF WILLIAMS CREEK OWNERS
ASSOCIATION
5.01 Organization Declarant has caused the formation and incorporation of the
Estates Association as a nonprofit corporation created for the purposes, charged
with the duties, and vested with the powers prescribed by law or set forth in
its Articles and Bylaws or in the Declaration. Neither the Articles nor Bylaws
shall for any reason be amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration.
5.02 Membership Any Person or entity upon becoming an Owner shall automatically
become a Member of the Estates Association. Membership shall be appurtenant
to and shall run with the property interest which qualifies the Owner thereof for
{00195139 41 17
membership, and membership may not be severed from, or in any way
transferred, pledged, mortgaged, or alienated except together with the title to the
said property interest.
5.03 Voting Rights The right to cast votes, and the number of votes which may be
cast, for election of directors to the Board and on all other matters to be voted
on by the Members shall be calculated as follows:
(A) The Owner, whether one or more (including Declarant), of each Lot within
the Property shall have one vote for each Lot so owned.
(B) In addition to the votes to which Declarant is entitled by reason of
Subparagraph (A) of this Section, (1) for every such vote Declarant
shall have three (3) additional votes, and (2) for each part of the Property
that has not been subdivided by plat recorded in the Official Records of
Brazos County, Texas, Declarant shall have four (4) votes for each acre
owned by Declarant. Declarant shall have the number of votes described
in this Section 5.03(B) until such time as all of the Property has been
subdivided by plat and seventy -five percent (75 %) of the Lots have been
transferred by Declarant (the "Transition Date "). Thereafter, Declarant
shall have only the votes, if any, to which it is entitled under Subparagraph
(A) of this Section.
5.04 Powers and Authority of the Estates Association The Estates Association shall
have the powers of a Texas nonprofit corporation, subject only to any limitations
upon the exercise of such power as are expressly set forth in this Declaration. It
shall further have the power to do and perform any and all acts which may be
necessary or proper for or incidental to the exercise of any of the express powers
granted to it by the laws of Texas or by this Declaration. Without in any way
limiting the generality of the two preceding sentences, the Estates Association,
and the Board acting on behalf of the Estates Association, shall have the following
powers and authority at all times:
(A) Estates Rules and Bylaws To make, establish and promulgate, and in its
discretion to amend or repeal and re- enact, such Estates Rules and
Bylaws, not in conflict with this Declaration, as it deems proper to
address any and all aspects of its functions.
(B) Insurance To obtain and maintain in effect policies of insurance which,
in the opinion of the Board, are reasonable, necessary or appropriate
to carry out Estates Association functions.
(C) Records To keep books and records of the Estates Association's affairs.
(D) Assessments To levy Assessments as provided in Article VII below.
{00195139 41 18
(E) Right of Entry and Enforcement To enter at any time in an emergency,
or in a non - emergency, after ten (10) days' written notice, without being
liable to any Owner, upon any Lot and into any Improvement thereon
for the purpose of enforcing the Estates Residential Restrictions or for
the purpose of erecting, maintaining or repairing any Improvement to
conform to the Estates Residential Restrictions, and the expense
thereon shall be a personal obligation of the Owner of the Lot entered
upon, shall be a lien upon the Lot entered on and Improvements thereon,
and shall be enforced in the same manner and to the same extent as
provided in Article VII hereof for regular and special Assessments. The
Estates Association shall have the power and authority from time to
time, in its own name and on its own behalf, or in the name of and on
behalf of an Owner who consents thereto, to commence and maintain
actions and suits to enforce, by mandatory injunction or otherwise, or to
restrain and enjoin, any breach or threatened breach of the Estates
Residential Restrictions. The Estates Association is also authorized to
settle claims, enforce liens and take all such action as it may deem
necessary or expedient to enforce the Estates Residential Restrictions;
provided, however, that the Board shall never be authorized to
expend any E s t a t e s Association funds for the purpose of bringing
suit against Declarant, its successors or assigns.
(F) Legal and Accounting Services To retain and pay for legal and
accounting services necessary or proper for the operation of the Estates
Association.
(G) Delegation to Committees To set up one or more committees as
authorized by the Texas Non - Profit Corporation Act, as the same is
amended from time to time.
(H) Employees To engage such employees as may be reasonably necessary
in the management of the Estates Association and the performance of its
duties.
5.05 Landscape and Maintenance The Estates Association shall be authorized to
landscape, maintain and repair easements, right -of -ways, private streets, common
areas, mechanical gate access devices, entryways, sidewalks, paths, trails,
detention ponds, lakes, and other areas of the Property, as appropriate.
5.06 Common Areas
(A) Subject to and in accordance with this Declaration, the Estates
Association, acting through the Board, shall have the following duties:
(1) To accept, own, operate and maintain all Common Areas which may be
{00195139 4} 19
conveyed or leased to it by Declarant, together with any Improvements of
any kind or purpose located in said areas; and to accept, own, operate and
maintain all other property, real and personal, conveyed or leased to the
Estates Association by Declarant; and to maintain in good repair and
condition all lands, Improvements, and other Estates Association property
owned by or leased to the Estates Association, whether by Declarant or by
other Persons.
(2) To pay all real and personal property taxes and other taxes and
assessments levied upon or with respect to any property owned by or
leased to the Estates Association to the extent that such taxes and
assessments are not levied directly upon individual Members of the
Estates Association. The Estates Association shall have all rights granted
by law to contest the legality and the amount of such taxes and
assessments.
(3) To execute mortgages, both construction and permanent, for construction
of Improvements on property owned by or leased to the Estates
Association, and to accept lands in Common Areas, whether or not
improved, from Declarant subject to such mortgages or by assuming
such mortgages. Financing may be effected through conventional
mortgages or deeds of trust, the issuance and sale of development or
other bonds, or in any other form or manner deemed appropriate by the
borrower, whether Declarant or the Estates Association. The mortgage or
other security interest given to secure repayment of any borrower,
whether Declarant or the Estates Association, on the Improvement to be
constructed, together with such underlying and surrounding lands as
the borrower deems appropriate. The debt secured by such mortgage or
other security instrument may be retired from and secured by the
revenues generated by dues, use fees, assessments of Members, or
otherwise, or any combination thereof, as may be deemed appropriate
by Declarant or the Estates Association, as the case may be, but
subject to the limitations imposed by this Declaration.
(B) In addition to, and not in limitation of, the power and authority of the Estates
Association as set forth in Section 5.04 of this Declaration, the Estates
Association, acting through the Board, shall have the power and authority:
(1) To grant and convey portions of Estates Association property, including
fee title, leasehold estates, easements, right -of -way, and/or mortgages, to any
person or entity for the purpose of constructing, erecting, operating or
maintaining the following:
(a) Parks, parkways or other recreational facilities or structures;
100195139 4} 20
(b) Roads, streets, mechanical access gates (including, the
equipment and devices used in connection therewith),
walks, driveways, trails, and paths;
(c) Lines, cables, wires, conduits, pipelines or other means of providing
utilities;
(d) Sewers, water systems, storm water drainage systems, lighting
systems, sprinkler systems and pipelines; and/or
(e) Any similar public, quasi - public or private Improvements.
Nothing contained in this Subparagraph, however, shall be construed to
permit use or occupancy of any Common Area or Improvements in a way
that would violate applicable use and occupancy restrictions imposed by
other provisions of this Declaration, or by any statute, rule, regulation,
ordinance or other governmental entity, including but not limited to rules
and orders of the Texas Water Development Board, Texas Water
Commission, and any flood plain, industrial waste or other ordinance of
the City of College Station.
(2) To pay for water, sewer, garbage removal, landscaping, gardening and all
other utilities, services and maintenance for the property of the Estates
Association.
(3) To pay for any other services necessary or proper in the performance of
Estates Association. functions, and to pay for any other taxes or assessments
that the Estates Association or the Board is required to secure or to pay
for pursuant to applicable law, the terms of this Declaration, or the Articles
or Bylaws of the Estates Association.
(4) To own and operate any and all types of facilities for both active and passive
recreation.
(5) To construct new Improvements or additions to Estates Association
properties, subject to the approval of the Architectural Control Committee as
required in this Declaration.
(6) To enter into contracts with Declarant and other persons, on such terms and
provisions as the Board shall determine, to operate and maintain any of the
Common Areas or to provide any service or perform any function on behalf of
Declarant or the Estates Association in connection with the purposes
of the Estates Association.
(7) To acquire and own and to dispose of all manner of real and personal
property, whether by purchase, grant, lease, gift or otherwise.
{00195139 Q 21
(8) To merge with other associations having the same or similar purposes and
objectives, or terms acceptable to the Board.
5.07 Agreement with City of College Station and County of Brazos The Declarant, as
the agent of the Estates Association, or the Estates Association, may enter into one
or more agreements with the City of College Station or State of Texas or
both, with respect to the landscaping and maintenance of portions of street
right of way, or the dedication of any drainage basin, park or other common area
within the property for municipal maintenance. The Estates Association shall
accept, without further requirement or documentation, said agreement and the
requirements and benefits associated therewith, for any agreement reached by the
Declarant.
5.08 Indemnification The Estates Association shall indemnify any director,
officer, or member of a committee duly appointed pursuant to the Articles or
Bylaws who was, or is threatened to be made a named defendant or respondent in
any threatened, pending, or completed action, suit or proceeding, whether civil,
criminal, administrative, arbitrative, or investigative, any appeal in such an action,
suit, or proceeding, and any inquiry or investigation that could lead to such an
action, suit, or proceeding (hereinafter a "Proceeding ") by reason of the fact that
such person is or was a director, officer or member of such a committee of the
Estates Association, against all judgments, penalties (including excise and similar
taxes), fines, settlements, and reasonable expenses actually incurred by the
person in connection with any such Proceeding to the fullest extent permitted by
the Texas Non - Profit Corporation Act, as amended and in effect from time to time.
Such authorization of indemnification shall be deemed to be mandatory and
deemed to constitute authorization of indemnification and advancement of
expenses to the fullest extent permitted by the Texas Non - Profit Corporation Act,
as amended and in effect from time to time.
ARTICLE VI.
ARCHITECTURAL CONTROL COMMITTEE
6.01 Membership of Architectural Control Committee. The Architectural Control
Committee shall consist of not more than three (3) voting members ( "Voting
Members ") and such additional nonvoting members serving in an advisory
capacity ( "Advisory Members ") as the Voting Members deem appropriate. The
following persons are hereby designated as the Voting Members of the
Architectural Control Committee: Joseph Stevens Johnson, Janet May Johnson
and Ashley Johnson Moses. At any time, Voting Members may resign and
relinquish their duties as Voting Members.
6.02 Action by Architectural Control Committee. Items presented to the Architectural
Control Committee shall be decided by a majority vote of the Voting Members.
100195139 41 22
6.03 Advisory Members. The Voting Members may from time to time designate
Advisory Members.
6.04 Term. Each member of the Architectural Control Committee shall hold office
until such time as he or she has resigned or has been removed or his or her
successor has been appointed as provided herein.
6.05 Declarant's Rights of Appointment. Until the Transition Date described in
Section 5.03, Declarant, its successors or assigns shall have the right to appoint
and remove all Voting Members of the Architectural Control Committee, which
persons need not be drawn from Estates Association Members. Notwithstanding the
preceding sentence, Declarant may delegate its right of appointment, or any
portion thereof, to the Board by written instrument before such date. Whenever
the Transition Date occurs, the Board shall have the right to appoint all
Voting Members. At such time as the Board gains the right to appoint and
remove Voting Members of the Architectural Control Committee, or any portion
of this right, a majority of the Voting Members so appointed shall be drawn
from Members of the Estates Association. Advisory Members shall, when
reasonably possible, be drawn from Members of the Estates Association.
6.06 Adoption of Rules The Architectural Control Committee may adopt
such procedural and substantive rules and guidelines, not in conflict with this
Declaration, as it deems necessary or proper for the performance of its duties,
including, but not limited to a building code, a fire code, a housing code, and other
similar codes.
6.07 No commercial builder of residential homes can sell or trade any Lots to another
person or entity without obtaining prior approval of the Declarant or developer until
May 1, 2023.
6.08 Architectural Control No buildings, additions, modifications or improvements
shall be erected, placed or performed on any Lot until the builder's Plans and
Specifications have been submitted in duplicate and approved in writing by the
Architectural Control Committee as hereinafter provided. Builders may submit
their design plans as master design plans, which plans shall include all
specifications, including specifications as to brick color and paint color, that may
be used when building each design. The Architectural Control Committee
may, at its sole discretion, retain and/or delegate review of plans and
specifications to a designated AIA architect or other such person or firm as may
be designated by the Architectural Control Committee, experienced or qualified
to review same, who may then render an opinion to the Architectural Control
Committee. Approval of Plans and Specifications shall not cover or include
approval for any other purpose and specifically, but without limitation, shall
not be construed as any representation as to or responsibility for the structural
design or engineering of the improvements or the ultimate construction thereof.
{00195139 4} 23
In the event the Architectural Control Committee fails to approve such Plans and
Specifications within thirty (30) days after the receipt thereof, they shall be
deemed to be disapproved. The Architectural Control Committee or its
assignee, at its sole discretion and to the extent wherein not expressly prohibited
by this Declaration and any amended or supplemental declaration, is hereby
permitted to approve in writing deviations in the general use restrictions set forth
in Article III in instances where, in its judgment, such deviations will result in a
more common beneficial use and enhance the overall development plan for
the Property. The approval of a deviation in the general use restrictions by the
Architectural Control Committee does not obligate the Architectural Control
Committee to approve a similar deviation at a later time. Notwithstanding any
other provision contained herein, any dwellings, additions, or improvements
erected or placed on any Lot shall be deemed to comply with the building
requirements of the Architectural Control Committee and related covenants
contained in the Declaration unless the Architectural Control Committee so
notifies the Owner otherwise in writing within four (4) years from the
completion thereof. This provision, however, shall not be deemed a waiver of the
right of the Architectural Control Committee or Declarant to enforce the
continuing restriction of use contained herein.
The Architectural Control Committee shall have the authority hereunder to
require any Owner or Owner's agents or contractors to cease and desist in
constructing or altering any improvements on any Lot, where such actions
have not first been reviewed and approved, constitute a violation of the
Declaration, the building guidelines or any other documents promulgated by
the Architectural Control Committee. The violating Owner shall remove such
violating improvements or site work at its sole expense and without delay,
returning same to its original condition or bringing the Lot into compliance
with the Declaration, Architectural Control Committee documents and any
plans and specifications approved by the Architectural Control Committee for
construction on that Lot. This Declaration is notice of such approval
requirements and, by purchasing a Lot, Owners hereby agree to bear the cost
and expense to cure any violations according to these provisions, regardless of
the substantial cost, time or loss of business involved.
Written notice may be delivered to Owner or any agent or contractor with
apparent authority to accept same and notice shall be binding on Owner as if
actually delivered to Owner.
The Architectural Control Committee or its agents or assigns shall have the right,
but not the obligation, to enter any Lot to determine if violations of this
Declaration, the building guidelines, or any other documents promulgated by the
Architectural Control Committee exist. In so doing, the Architectural Control
Committee shall not be subject to any liability for trespass, other tort or damages
in connection with or arising from such entry nor in any way shall the Estates
Association or its agent be liable for any accounting or other claim for such action.
{00195139 41 24
The Architectural Control Committee shall have the right to set reasonable
time constraints for both the commencement and completion of construction,
which constraints shall be no less than ninety (90) days to commence construction
and twelve (12) months to complete construction. If construction fails to start
before the designated commencement date or is not completed before the
designated completion date the plans shall be deemed not approved.
The Architectural Control Committee has the right to charge a review fee,
to be established by the Board of Directors, for review of any plans or
specifications submitted for approval to the Architectural Control Committee.
6.09 Actions of the Architectural Control Committee The Architectural Control
Committee may, by resolution unanimously adopted in writing, designate one
or two of its members or an agent acting on its behalf to take any action or
perform any duties for and on behalf of the Architectural Control Committee. In
the absence of such designation, the vote of a majority of all the members of the
Architectural Control Committee taken without a meeting, shall constitute an act
of the Architectural Control Committee.
6.10 No Waiver of Future Approvals The approval or consent of the Architectural
Control Committee of any Plans and Specifications for any work done or
proposed, or in connection with any other matter requiring the approval or
consent of the Architectural Control Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any other
Plans and Specifications, or other matter whatever, subsequently or additionally
submitted for approval or consent by the same or a different person.
6.11 Work in Progress The Architectural Control Committee may at its option inspect
all work in progress to insure compliance with approved Plans and Specifications.
6.12 Nonliability of Architectural Control Committee Members Neither the
Architectural Control Committee nor any member thereof shall be liable to the
Estates Association or to any Owner or to any other person for any loss, damage or
injury arising out of their being in any way connected with the performance of the
Architectural Control Committee's duties under this Declaration unless due to
the willful misconduct or bad faith of the Architectural Control Committee or
its members, as the case may be. Neither the Architectural Control Committee nor
any member thereof shall be liable to any Owner due to the construction of any
Improvements within the Property, or the creation thereby of any obstruction of
the view from such Owner's Lot or Lots.
6.13 Address Plans and Specifications shall be submitted to the Architectural Control
Committee in care of the Estates Association, or in care of such other person at
such other address as may be designated by Declarant or the Board, as the case
may be, from time to time.
{00195139 41 25
6.14 Variances Notwithstanding any other provision of the Declaration, in order to
prevent undue hardship upon the Owner or Owners of any individual Lot or
Lots upon the Property, variance from any restrictions set out in this
Declaration may be granted by a unanimous decision of the Architectural
Control Committee in a written instrument to be duly acknowledged, if and when
such a variance shall ever be granted.
6.15 Governmental Agency Approval Nothing in this Declaration shall be construed
to relieve any Owner from securing such approvals, certificates and/or
permits as may be required by law in connection with the construction of any
Improvements on any Lot.
6.16 Relationship with Estates Association The Architectural Control Committee has
been created pursuant to this Declaration to perform certain functions specified
herein relative to the review and approval of Plans and Specifications for
Improvements built on the Property. The Architectural Control Committee does
not exercise the authority of the Board, and shall not do so unless and until (i) the
Board shall have duly appointed a majority of Board members to the
Architectural Control Committee, and (ii) the Board shall by unanimous
resolution, duly recorded in the records of the Estates Association, make the
Architectural Control Committee a committee of the Board in accordance with
the Texas Non - Profit Corporation Act.
ARTICLE VII.
FUNDS AND ASSESSMENTS
7.01 Assessments
(A) The Estates Association may from time to time levy Assessments against
each Lot whether or not improved. The level of Assessments shall be equal and
uniform among all Lots, provided, however, that no Assessments hereunder shall
be levied against Declarant.
(B) Where the obligation to pay an Assessment first arises after the commencement of
the year or other period for which the Assessment was levied, the Assessment
shall be prorated as of the date when said obligation first arose in proportion to the
amount of the Assessment year or other period remaining after said date.
(C) Each unpaid Assessment together with such interest thereon and costs of
collection thereof as hereinafter provided, shall be the personal obligation of the
Owner of the Lot against which the Assessment falls due, and shall become a lien
against each such Lot and all Improvements thereon. The Estates Association
may enforce payment of such Assessments in accordance with the provisions
of this Article.
100195139 41 26
7.02 Maintenance Fund The Board shall establish a maintenance fund into which
shall be deposited all monies paid to the Estates Association and from which
disbursements shall be made in performing the functions of the Estates
Association under this Declaration. The funds of the Estates Association must be
used solely for purposes authorized by this Declaration, as it may from time to time
be amended.
7.03 Regular Annual Assessments Prior to the beginning of each fiscal year, the
Board shall estimate the expenses to be incurred by the Estates Association
during such year in performing its functions under the E s t a t e s o f Williams
Creek Covenants, Conditions and Restrictions, including but not limited to the
cost and expense of maintaining, repairing and replacing all entry ways,
landscaping, streets, access gates (including, the equipment and devices
used in connection therewith), street lights, storm water drainage
systems (including, the equipment and devices used in connection
therewith), sidewalks, greenbelts, common areas, trails, median strip, and
right -of -way maintenance, the cost of enforcing the Estates Residential
Restrictions, and reasonable provisions for contingencies and
appropriate replacement reserves, less any expected income and
any surplus from the prior year's funds. Assessments sufficient to pay such
estimated expenses shall then be levied as herein provided, and the level of
Assessments set by the Board shall be final and binding so long as it is made in
good faith. If the sums collected prove inadequate for any reason, including
nonpayment of any individual Assessment, the Estates Association may at any
time, and from time to time levy further Assessments in the same manner as
aforesaid. All such regular Assessments shall be due and payable to the Estates
Association on January 1" of each year. Assessments may be prorated at the
discretion of the Board if a Lot is purchased during the year. No annual
assessments shall be levied against the Declarant.
7.04 Special Assessments In addition to the regular annual Assessments provided for
above, the Board may levy special Assessments whenever in the Board's opinion
such special Assessments are necessary to enable the Board to carry out its
mandatory functions of the Estates Association under the Estates of Williams
Creek Covenants, Conditions and Restrictions. The Board may at its discretion
assess each Lot a one -time $3,000.00 special assessment for the initial
construction, installation and maintenance of private streets street lights and
storm water drainage improvements and the facilities used therewith. The
amount and due date of any special Assessments shall be at the reasonable
discretion of the Board.
7.05 Owner's Personal Obligation for Payment of Assessments The regular and
special Assessments provided for herein shall be the personal and individual debt
of the Owner of the Lot covered by such assessments. Except as otherwise
provided in Section 7.01(A) hereof, no Owner may exempt himself from liability
{00195139 Q 27
for such Assessments. In the event of default in the payment of any such
Assessment, the Owner of the Lot shall be obligated to pay interest at the highest
rate allowed by applicable usury laws then in effect on the amount of the
Assessment from due date thereof (or if there is no such highest rate, then at the
rate of 1 -1/2% per month), together with all costs and expenses of collection,
including reasonable attorney's fees.
7.06 Assessment Lien and Foreclosure All sums assessed in the manner provided in
this Article but paid, shall, together with interest as provided in Section 7.05
hereof and the cost of collection, including attorney's fees as herein provided,
thereupon become a continuing lien and charge on the Lot covered by such
Assessment, which shall bind such Lot in the hands of the Owner, and such
Owner's heirs, devisees, personal representatives, successors or assigns. The
aforesaid lien shall be superior to all other liens and charges against the said Lot,
except only for tax liens and all sums unpaid on purchase money mortgage lien(s)
or purchase money deed(s) of trust filed of record, securing in either instance
sums borrowed for the acquisition or improvement of the Lot in question. The
Estates Association shall have the authority to subordinate the aforesaid
Assessment lien to any other lien. Such authority shall be entirely discretionary
with the Board and such subordination shall be effectuated by an officer of the
Estates Association, duly authorized by the Board. To evidence an Assessment
lien, the Estates Association may prepare a written notice of Assessment lien
setting forth the amount of the unpaid indebtedness, the name of the Owner of the
Lot covered by such lien, and a description of the Lot. Such notice shall be signed
and acknowledged by an officer of the Estates Association, duly authorized by the
Board, and shall be recorded in the Official Records of Brazos County,
Texas. Such lien for payment of Assessments shall attach with the priority
above set forth from the date that such payment becomes delinquent, and may
be enforced subsequent to the recording of a notice of Assessment lien as provided
above, by the foreclosure of the defaulting Owner's Lot by the Estates
Association in like manner as a mortgage on real property, or the Estates
Association may institute suit against the Owner personally obligated to pay the
Assessment and/or for foreclosure of the aforesaid lien judicially. In any
foreclosure proceeding the Owner shall be required to pay the costs, expenses, and
reasonable attorney's fees incurred by the Estates Association. The Estates
Association shall have the power to bid on the Property at foreclosure or other
legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with
the same. Upon the written request of any Mortgagee, the Estates Association
shall report to said Mortgagee the status of any Assessments relating to the
Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days after
due.
7.07 Gated Community Williams Creek PHASE 6 ( "Phase 6 ") shall be a gated
community. All roads, alleys, and sidewalks located in Phase 6 will be owned by
the Estates Association subject to the following maintenance obligations:
{00195139 4} 28
a. Access shall be provided on all private and public streets at all times for police,
fire, City inspection, mail delivery, garbage pickup, utility, school buses, para
transit, demand and response vehicles, and other health and safety related vehicles.
Access must not require drivers to exit their vehicles.
b. The gate design and implementation shall be such that it does not pose a threat to
public health, safety and welfare. All mechanical or manual operating functions of
the gates shall meet the fire department requirements and provide passage with
unobstructed vertical and horizontal clearance. No access gate to Williams Creek
PHASE 6 shall be placed on a public right -of -way or easement. Gated entry ways
to subdivision shall provide a minimum unobstructed vertical clearance of 14 feet
and 6 inches from the finished roadway surface over the entire width of the entry
roadway. Public safety elements and signing shall be included in the gate entry
way design. All gated entry ways shall provide adequate access for pedestrians and
bicycles. Any gated entry way shall provide adequate turnaround areas for vehicles
that are denied access in order to prevent backing into a public street. The gated
entry way driveway pavement widths to subdivisions, for both egress and ingress,
shall be a minimum of twenty (20) feet per driveway and are required to provide a
minimum four (4) feet center median. The throat depth for a gated entry way shall
meet the requirements of the applicable City ordinance from time to time.
c. The Estates Association will be responsible for and provide for operation, repair
and maintenance of all private streets, access gates (including, the equipment and
devices used in connection therewith) street lights, storm drainage storm water
drainage systems (including, the equipment and devices used in connection
therewith) and sidewalks located in the Phase 6. All private streets, access gates,
street lights and any gated entry ways shall comply with all applicable City
ordinances and regulations, including all applicable fire department requirements.
d. The City shall have access to Phase 6 at any time without liability when on
official business. The City may remove obstructions including any gate upon non-
compliance by the Estates Association of any terms of this Declaration or any
applicable City ordinances or if necessary, for emergency vehicle access. In the
event the City must remove obstructions to access the development, the Estates
Association will be assessed all the costs of removal.
e. The Estates Association shall be obligated to establish and fund a street
maintenance reserve fund ( "Reserve Fund ") that will provide adequate resources to
maintain and repair the streets street lights, storm. water drainage systems
(including, the equipment and devices used in connection therewith) and access
gates (including, the equipment and devices used in connection therewith) on an
ongoing basis. The Reserve Fund will be established as a part of the Estates
Association annual budget and a copy of the budgeted Reserve Fund balance will
be provided to the City on an annual basis. The Estate Association shall have the
{00195139 41 29
right to enter into any street maintenance agreement as may be required or
reasonably necessary or convenient from time to time.
f. The Estate Association shall maintain the private streets street lights, storm
water drainage systems (including, the he equipment and devices used in connection
therewith ) and access gates (including, the equipment and devices used in
connection therewith) in accordance with all applicable City ordinances and
applicable laws and regulations. The Estates Association shall have the right to
make any repairs to the private streets within Phase 6 as required by the City.
g. Each Owner, Resident and Member expressly understands, covenants and
agrees with the Declarant and the Estates Association that:
(i) Neither Declarant nor the Estates Association has any responsibility
or liability of any kind whatsoever regarding or pertaining to the real
and personal property of each Owner, Resident, and Member;
(ii) Each Owner, Resident, and Member shall, from time to time,
consult with reputable insurance industry representatives of each
Owner's, Resident's, and Member's own selection to select,
purchase, obtain, and maintain appropriate insurance providing the
amount and kind of insurance deemed satisfactory to each Owner,
Resident, and Member covering his or her real and personal
property;
(iii) Each Owner, Resident, and Member releases and holds Declarant
and the Estates Association harmless from any uninsured liability,
claims, causes of action, or damages of any kind or character
whatsoever arising out of or related (directly or indirectly) to any
and all aspects of the private streets within the Property, including
without limitation: the functioning (whether mis -, mal -, or non -) of
the mechanical gate access devices.
7.08 Changes in Laws The Board may change the enforcement procedures set forth in
this Article VII to comply with changes in applicable law.
7.09 Enforcement Rights and Remedies The enforcement rights of the Estates
Association in this Article VII shall at all times conform to and be subject to
applicable state laws, including Chapter 209 of the Texas Property Code, as
amended or modified from time to time.
ARTICLE VIII.
EASEMENTS
8.01 Installation and Maintenance. Easements for installation and maintenance of
utilities and drainage facilities are reserved as shown on the recorded plat.
Within these easements, if any, no structure or other material shall be placed or
100195139 41 30
permitted to remain which may damage or interfere with the installation and
maintenance of utilities; or in the case of drainage easements, which may change
the direction of flow of water through drainage channels in such easements. The
easement area of each Lot, if any, and all Improvements in such area shall be
maintained continuously by the Owner of the Lot, except for those
Improvements for which the easements herein or referred to shall be liable for any
damages done by them or their assigns, agents, employees, or servants to
shrubbery, streets or flowers or other property of the Owners situated on the land
covered by said easements.
8.02 Surface Areas. The surface of easement areas for underground utility services may
be used for planting shrubbery, trees, lawns or flowers. However, neither the
Declarant nor any supplier of any utility service using any easement area shall
be liable to any Owner or to the Estates Association for any damage done by
them or either of them, or their respective agents, employees, servants or
assigns, to any of the aforesaid vegetation as a result of any activity reasonably
relating to the construction, maintenance, operation or repair of any facility in
any such easement area.
8.03 Drainage Easements. Each Owner covenants to provide easements for drainage
and water flow, as contours of land and the arrangement of Improvements
approved by the Architectural Control Committee thereon require. Each Owner
further covenants not to disturb or displace any trees or other vegetation
within the drainage easements as defined in this Declaration and shown on
the Plat. There shall be no construction of improvements, temporary or
permanent, in any drainage easement, except as may be approved in
writing by the Architectural Control Committee. No Owner, Resident, tenant or
other person shall alter the drainage on any Lot so as to increase the drainage of
storm water onto adjacent Lots or other areas of the Property. Collectively, the
drainage easements shown on the recorded plat of Williams Creek, PHASE 6, and
the drainage easements described in this Declaration shall be known collectively as
the "Drainage Easements ".
8.04 Blanket Easement. An easement is hereby retained in favor of the Estates
Association over all Lots and the Common Area for the purpose of enforcing the
Estates Residential Restrictions in accordance with Section 5.04(E) hereof, and
for the construction of a common cable television system, a common sprinkler
system, maintenance of landscaping, or any other item for the common benefit of
the Owners. An easement is further granted for the purpose of repairing and
maintaining any such system so constructed. An entry upon any Lot or the
Common Areas to effectuate the foregoing purposes shall not be deemed as
trespass.
8.05 Lots Thirty one (31). Thirty -two (32) Thirty -six (36) and Thirty -seven (37)
Block Seven (7) in Williams Creek PHASE 6 In addition to, and not in lieu of,
100195139 41 31
general covenants and conditions herein contained with respect to maintenance of
drainage easements, the following particular provisions shall be applicable to these
specific lots, Lots Thirty -one (31), Thirty -two (32), Thirty -six (36) and Thirty -seven
(37), Block Seven (7) in Williams Creek PHASE SIX (individually and collectively,
the "Drainage Lots "):
These Drainage Lots shall be burdened with easements for drainage of storm water
runoff from other portions of the Property located in the "Private Drainage
Easement" areas as depicted in the recorded plat of Williams Creek, PHASE 6,
allowing the other Owners of the Lots on the Property to erect, construct, install,
bury, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and
remove, a drainage way, including but not limited to, a subterranean pipeline, over
and across the "Private Drainage Easement" areas (as depicted in the recorded plat
of Williams Creek, PHASE 6) in the Drainage Lots, and to cut, trim, and control the
growth of vegetation in the "Private Drainage Easement" areas on the Drainage Lots
which might interfere with or threaten the operation and maintenance of the
drainage way. No owner, tenant or other person shall alter the drainage on any Lot
so as to increase the drainage of storm water onto adjacent Lots or other areas of the
Property. Each owner shall promptly remove all litter, trash, refuse and waste on its
Lot. No obstructions or debris shall be placed in the "Private Drainage Easement"
areas on the Drainage Lots.
8.06 Enforcement of Maintenance Obligations. Without limiting any rights of
enforcement as otherwise provided herein, if, in the opinion of the Estates
Association, any Owner or such Owner's tenant or occupant has failed in any
of the duties or responsibilities herein prescribed, then the Estates Association
may give such person written notice of such failure and such person must,
within ten (10) days after receiving such notice, perform such duties and
responsibilities or make arrangements with the Estates Association for making
the repairs and the maintenance required. Should any such person fail to fulfill
this duty and responsibility within such period, then the Estates Association,
through its authorized agent or agents, shall have the right and power to enter onto
the applicable lot and perform such repairs and maintenance without any liability
for damages for wrongful entry, trespass or otherwise to any person. The
Owner and such Owner's tenants and occupants of any part of the lot on which
such work is performed shall jointly and severally be liable for the cost of such
work and shall promptly reimburse the Estates Association for such cost.
If such Owner or such Owner's tenant or occupant shall fail to reimburse the
Estates Association within thirty (30) days after receipt of a statement for such
work from the Estates Association, then said indebtedness, together with interest
thereon at the rate of t h e l e s s e r o f eighteen percent (18 %) per annum and the
highest rate allowed by applicable usury laws then in effect, from the date of
demand therefor until paid, and the costs of collection thereof including, without
limitation, reasonable attorney fees, shall be a debt of all of said persons jointly
and severally, and shall constitute a lien against that lot on which said work was
performed, which lien shall bind the lot in the hands of the Owner and such
(00195139 4) 32
Owner's heirs, devisees, personal representatives, successors or assigns. The said
lien shall be superior to all other liens and charges against the lot, except for tax
liens and all sums unpaid on purchase money mortgages securing sums
borrowed for the acquisition or improvement of the Lot. The Estates Association
shall have the authority to subordinate the aforesaid Assessment lien to any other
lien. The enforcement rights of the Estates Association as provided in this
Declaration shall conform to and be subject to Chapter 209 of the Texas
Property Code, as amended or modified from time to time.
ARTICLE IX.
ACCESS
9.01 Private Streets. The entry /exit access gates, streets, sidewalks and emergency
access way within Williams Creek Subdivision PHASE 6 (collectively, the
"Accessways ") are "private" and constitute a portion of the Common Areas which
are subject to the jurisdiction, administration and maintenance by the Estates
Association. In addition to the other provisions appearing within the
Declaration, the Board of Directors of the Estates Association is specifically
authorized to recommend, adopt, implement and enforce rules, regulations
mechanisms and procedures governing use of the entry /exist gates, sidewalks,
streets and emergency access covering items such as (but not necessarily limited
to):
(a) identification and entry programs for Owners, Residents and Members, their
respective immediate families, their guests and vehicles owner or driven by any of
them;
(b) speed limits, designated parking areas, restrictive parking areas and no-
parking areas;
(c) signs and graphics to provide announcements to unauthorized personnel
concerning potential criminal trespass matters;
(d) a "fines" system through which the Estates Association can levy and
collect fines from its Members for violations of the applicable rules and
regulations;
(e) disclaimers of liability from any and all matters of occurrences on or related
to the Common Areas, and;
(f) Upon satisfaction and compliance with the requirements of Section 10.01,
each Owner shall be entitled to receive a gate access code from the Estates
Association at no cost. Automatic remote transmitters to open the gates are
available for purchase from the Estates Association at a reasonable price to be
determined by the Estates Association and/or Declarant. Additional or
replacement transmitters for lost or inoperable transmitters may be purchased by
an Owner at a reasonable price to be the Estates Association and/or
Declarant. In the event of sale of a Lot by an Owner, the selling Owner shall
notify the Estates Association to deactivate the transmitters at the time of sale.
Transmitters may be transferred to new Owners. New Owners shall contact the
(00195139 4) 33
Estates Association to program the new Owner's transmitter.
9.02 Accessways Easement Subject to the provisions of Section 7.07 and this Article
IX and any rules and regulations adopted by the Estates Association pursuant to
Section 9.03 below, each and every Owner shall have a non - exclusive right and
easement of enjoyment in and to all Accessways, and such easement shall be
appurtenant to and shall pass with every Lot, provided the conveyance and transfer
is accomplished in accordance with this Declaration.
9.03 Rules and Regulations for Access Each Owner, Resident, and Member will
cooperate with Declarant, the Estates Association, and the Architectural Control
Committee in connection with the establishment, evolution, and maintenance of
reasonable controls of the pedestrian and vehicular traffic into and within the
Property and abide by any and all rules and regulations of the Estates Association,
as adopted and promulgated from time to time, related to the entry upon and use
of any Accessways, private streets and other Common Areas within the Property.
9.04 Conversion from Gated Community The Owners of the Lots in Williams Creek
PHASE 6 may agree to convert Williams Creek Subdivision PHASE 6 from a
gated development with private streets to ungated development with public streets
only upon an unanimous vote of all of the Owners of the Lots in Williams Creek
PHASE 6 to approve such conversion which would make the community un-
gated.
ARTICLE X.
REGISTRATION
10.1 Registration with the Estates Association In order that the Declarant and the Estates
Association can properly acquaint every Lot purchaser and every Owner, Resident
and Member with this Declaration and the day -to -day matters within the Estates
Association's jurisdiction, each and every Owner, Member and Resident shall have
an affirmative duty and obligation to originally provide, and thereafter revise and
update, within fifteen (15) days after a material change has occurred, various items
of information to the Estates Association such as:
(a) the full name, address, and telephone number of each Owner, Member and
Resident;
(b) the full name of each individual family member who resides within the
residential Dwelling Unit of the Lot Owner;
(c) the business address, occupation and telephone numbers of each Resident;
(d) the description and license plate number of each automobile owned or used
by a Resident and brought within the Property;
(e) the name, address and telephone numbers of other local individuals who
can be contacted (in the event the Resident cannot be located) in case of an
{00195139 41 34
emergency; and
(f) such other information as may be reasonably requested from time to time by
the Estates Association.
In the event any Owner, Member or Resident fails, neglects or refuses to so provide,
revise and update such information, then the Estates Association may, but is not
required to, use whatever means it deems reasonable and appropriate to obtain such
information and the offending Owner, Member and Resident shall become
automatically jointly and severally liable to promptly reimburse the Estates
Association for all reasonable costs and expenses incurred in so doing.
ARTICLE XI.
MISCELLANEOUS
11.01 Term. This Declaration, including all of the covenants, conditions, and
restrictions hereof, shall run until December 1, 2034, unless amended as herein
provided. After December 1, 2034, this Declaration, including all such covenants,
conditions, and restrictions shall be automatically extended for successive periods
of ten (10) years each, unless amended as provided in Section 11.03 below or
terminated by a written instrument executed by the Owners of at least three- fourths
(3/4) of the Lots within the Property then subject to this Declaration, filed of
record in the Official Records of Brazos County, Texas.
11.02 Dissolution. Upon termination of this Declaration in accordance with Section
11.01 above, the Estates Association shall be dissolved. In the event of any
such dissolution of the Estates Association, other than incident to a merger or
consolidation, the assets of the Estates Association shall be dedicated to any
appropriate public agency to be used for purposes similar to those of the Estates
Association with respect to the Common Areas. In the event that such
dedication is refused acceptance, such assets shall be granted, conveyed and
assigned to any nonprofit corporation, association, trust or other organization to
be devoted to such similar purposes.
11.03 Amendment.
(A) By Declarant. This Declaration may be amended by the Declarant, acting alone,
until the Transition Date (defined in Section 5.03). No amendment by
Declarant shall be effective until there has been recorded in the Official
Records of Brazos County, Texas, an instrument executed and acknowledged by
Declarant and setting forth the amendment, and an instrument executed and
acknowledged by the Secretary of the Estates Association, certifying that the
Declarant had the requisite number of votes.
(B) By Owners. After the Transition Date (defined in Section 5.03), this
Declaration may be amended by the recording in the Official Records of Brazos
100195139 Q 35
County, Texas, of an instrument executed and acknowledged by the President and
Secretary of the Estates Association setting forth the amendment and certifying
that such amendment has been approved by Owners entitled to cast at least sixty
percent (60 %) of the number of votes entitled to be cast pursuant to Section 5.03
hereof.
11.04 Notices Any notice permitted or required to be given by this Declaration shall
be in writing and may be delivered either personally or by mail. If delivery is
made by mail it shall be deemed to have been delivered on the third (3` day
(other than a Sunday or legal holiday) after a copy of the same has been
deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Estates Association for the purpose of
service of notices. Such address may be changed from time to time by notice in
writing given by such person to the Estates Association.
11.05 Severability; Construction If it is found that any provision contained in this
Declaration is in violation of any law, then such provision shall be interpreted to be
as restrictive as possible to preserve as much of the original provision as
allowed by law. The invalidity, illegality or unenforceability of any pro vision of
this Declaration shall not affect any other term or provision hereof and the terms
and provisions hereof shall thereafter be construed as if such invalid, illegal or
unenforceable term or provision had never been contained herein.
IN WITNESS WHEREOF, Declarant
day of , 2013.
J
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
T JO
Declaration as of this 4,
This instrument was acknowledged before me on the day of
2013 by JOE JOHNSON and wife, JANET JOHNSON.
BEVERLEY STONE
`= MY COMMISSION EXPIRES Notary Public, State o exas
October 4, 2016
100195139 41 36
Williams Creek
61.91 Acre Tract
Nathan Clampitt Survey, A -90
S. W. Robertson Survey, A -202
College Station, Brazos County, Texas
Field notes of a 61.91 acre tract or parcel of land, lying and being situated in the
Nathan Clampitt Survey, Abstract No. 90 and in the S. W. Robertson Survey, Abstract
No. 202, College Station, Brazos County, Texas, and being part of the 116.81 acre tract
described in the deed from Jean Stephen Family No. Two, L.P. and Carol M. Anderson
to Joseph S. Johnson and wife, Janet M. Johnson, recorded in Volume 6578, Page 220,
of the Official Records of Brazos County, Texas, and said 61.91 acre tract being more
particularly described as follows:
BEGINNING at a ' /2 ' iron rod found marking the east corner of Lot 1 (1.934
acres), Block 7, according to the Vacating and Final plat for Williams Creek Subdivision,
Phase 5, recorded in Volume 8276, Page 139, of the Official Records of Brazos County,
Texas;
THENCE N 65 10' 15" W for a distance of 356.17 feet and corner in the
centerline of a tributary to Carter's Creek at the north corner of the said Lot 1, and in the
southeast line of Lot 47, Block 1, Williams Creek Subdivision, Phase 4, according to the
plat recorded in Volume 7118, Page 119, of the Official Records of Brazos County,
Texas, from which a %" iron rod found for reference bears S 13 48'54" W - 20.0 feet;
THENCE along the northwest line of the beforementioned 116.81 acre tract,
same being the southeast line of the beforementioned Williams Creek Subdivision,
Phase 4 and the southeast line of Williams Creek Subdivision, Phase 3, according to
the plat recorded in Volume 7249, Page 292, of the Official Records of Brazos County,
Texas, same being the centerline of a tributary to Carter's Creek, as follows:
N 25 22'09" W
N 03 31'51" E
N 34 06' 39" E
N 29 0 02' 13" E
N 73 10'23" E
N 09 05' 10" E
N 20 28'28" W
N 35 19'40" W
N 39 23'21 " W
S 72 56' 18" W
N61 °13'44 "W
N 48 30'22" W
N 30 49'57" W
N 37 26' 15" E
N44 °16'41 "E
N25 °06'18 "E
N 20 12'40" W
S 66 55'54" W
N 60 32'48" W
N 36 06'54" W
N 32 01'24" E
N 49 04'38" E
N 26 0 34'00" E
N 57 48'34" E
N57 °44'51 "E
N 08 39'09" E
N 05 02' 18" W
N15 °10'37 "E
N14 °10'53 "W
Williams Creek
61.91 Acre Tract
for a distance of 13.53 feet,
for a distance of 19.19 feet,
for a distance of 24.26 feet,
for a distance of 42.34 feet,
for a distance of 13.02 feet,
for a distance of 11.95 feet,
for a distance of 17.33 feet,
for a distance of 12.40 feet,
for a distance of 9.19 feet,
for a distance of 10.35 feet,
for a distance of 11.22 feet,
for a distance of 21.14 feet,
for a distance of 9.38 feet,
for a distance of 26.93 feet,
for a distance of 34.73 feet,
for a distance of 14.13 feet,
for a distance of 13.36 feet,
for a distance of 10.45 feet,
for a distance of 29.79 feet,
for a distance of 9.58 feet,
for a distance of 33.20 feet,
for a distance of 15.90 feet,
for a distance of 18.49 feet,
for a distance of 14.62 feet,
for a distance of 11.12 feet,
for a distance of 9.53 feet,
for a distance of 13.58 feet,
for a distance of 24.49 feet,
for a distance of 26.56 feet,
EXHIBIT "A N
Page of S Pages
4 3 V 1',-1 -
dim
Nathan Clampitt Survey, A -90
S. W. Robertson Survey, A -202
College Station, Brazos County, Texas
Continued - Page 2
N 72 44'58" W
N37 °15'18 "W
N 30 08'23" E
N 46 40'44" E
N58 °38'31 "W
N 62 55'30" W
N 19 36'48" W
N 22 25'02" E
N 34 22'09" W
N 48 37'22" W
N 25 43' 12" W
N 16 28'45" E
N 66 38'34" E
S61 °36'30 "E
S 17 29'02" W
S 40 15'56" E
S81 °13'52 "E
N 44 06'00" E
N 11 ° 43'38" W
N 25 46'07" W
N 89 07'08" W
S 67 43'01" W
S 89 06'27" W
N 57 31'37" W
N 37 57'45" W
N 09 55'05" W
N 52 19'29" E
N81 °57'42 "E
N 88 05'07" E
N 49 45'47" E
N 42 11'57" E
N 15 00'26" E
N 18 44' 16" W
N 02 47'22" W
N 16 23' 16" E
N 25 42'38" E
N 48 03'30" E
N 36 42'01 " E
N 34 25'38" E
N 06 25'43" E
N 11 35'46" E
N 58 35' 21 " E
N 81 25'03" E
N71 °37'44 "E
N48 °17'12 "E
N 68 48'49" E
N81 °47'27 "E
S 37 05'39" E
S 86 54'50" E
N 79 51'40" E
N 55 25'09" E
N 28 43'29" E
N 06 33'47" W
N 31 22'36" W
N 30 18'45" E
Williams Creek
61.91 Acre Tract
for a distance of 10.94 feet,
for a distance of 28.20 feet,
for a distance of 73.75 feet,
for a distance of 16.62 feet,
for a distance of 27.86 feet,
for a distance of 8.69 feet,
for a distance of 25.08 feet,
for a distance of 23.07 feet,
for a distance of 12.94 feet,
for a distance of 25.48 feet,
for a distance of 18.79 feet,
for a distance of 35.23 feet,
for a distance of 13.70 feet,
for a distance of 7.15 feet,
for a distance of 19.05 feet,
for a distance of 9.17 feet,
for a distance of 13.59 feet,
for a distance of 18.86 feet,
for a distance of 12.01 feet,
for a distance of 52.13 feet,
for a distance of 6.11 feet,
for a distance of 18.54 feet,
for a distance of 7.48 feet,
for a distance of 8.74 feet,
for a distance of 8.38 feet,
for a distance of 11.50 feet,
for a distance of 11.19 feet,
for a distance of 10.85 feet,
for a distance of 8.30 feet,
for a distance of 9.99 feet,
for a distance of 17.79 feet,
for a distance of 7.50 feet,
for a distance of 12.75 feet,
for a distance of 8.14 feet,
for a distance of 24.09 feet,
for a distance of 7.58 feet,
for a distance of 24.23 feet,
for a distance of 11.95 feet,
for a distance of 9.73 feet,
for a distance of 8.06 feet,
for a distance of 11.51 feet,
for a distance of 11.88 feet,
for a distance of 7.85 feet,
for a distance of 18.01 feet,
for a distance of 13.55 feet,
for a distance of 10.98 feet,
for a distance of 7.57 feet,
for a distance of 4.45 feet,
for a distance of 12.43 feet,
for a distance of 9.79 feet,
for a distance of 29.86 feet,
for a distance of 6.94 feet,
for a distance of 11.40 feet,
for a distance of 7.47 feet,
for a distance of 8.90 feet,
EXHIBIT 't f A It
Page �- of \.. 5� Pages
Nathan Clampitt Survey, A -90
S. W. Robertson Survey, A -202
College Station, Brazos County, Texas
Continued - Page 3
N 45 30'44" E
for a distance of 19.61 feet,
N 28 23'05" E
for a distance of 29.86 feet,
S 75 51'24" E
for a distance of 21.30 feet,
N 46 50'57" W
for a distance of 23.87 feet,
N 05° 14'22" W
for a distance of 8.67 feet,
N 17 52'56" E
for a distance of 10.54 feet,
N 27 42'00" E
for a distance of 11.78 feet, to a point where said
creek flattens out and becomes indistinct,
N 70 36' 41" E
along the said indistinct creek line for a distance of
448.82 feet, to a point where the creek becomes
evident again,
S 79 35' 16" E
for a distance of 32.31 feet,
S 69 11'21 " E
for a distance of 43.18 feet,
S 23 27'07" E
for a distance of 8.36 feet,
S 61 40'55" E
for a distance of 48.37 feet,
N 50 03' 51" E
for a distance of 8.58 feet,
S 21 36' 15" E
for a distance of 13.22 feet,
S 54 05'30" E
for a distance of 28.85 feet,
N 89 15'30" E
for a distance of 18.71 feet,
S 58 36'30" E
for a distance of 30.87 feet,
S 19 59'28" W
for a distance of 11.53 feet,
S 26 27'22" E
for a distance of 14.53 feet,
N 66 58'09" E
for a distance of 17.43 feet,
S 49 39'38" E
for a distance of 16.24 feet,
S 15 32' 14" E
for a distance of 17.62 feet,
N 65 51'29" E
for a distance of 30.38 feet,
N 89 13'48" E
for a distance of 10.45 feet,
N 19 45'48" W
for a distance of 15.82 feet,
N 82 18' 12" E
for a distance of 20.45 feet,
N 05 15'36" E
for a distance of 23.17 feet,
S 84 24' 15" E
for a distance of 21.02 feet,
N 15 26'25" E
for a distance of 25.69 feet,
N 38 43'46" W
for a distance of 17.39 feet,
N 38 32'01" E
for a distance of 22.18 feet,
N 71 12' 10" E
for a distance of 17.94 feet,
N 15 25'45" E
for a distance of 7.37 feet,
N 29 05'39" W
for a distance of 8.54 feet,
N 54 5535" E
for a distance of 18.58 feet to the north corner of the
beforementioned 116.81 acre tract, same being the
east corner of Lot 25 (7.731 acres), Block 1, Williams
Creek Subdivision, Phase 3, said corner also lying in
the average centerline of Carter's Creek, (old channel
- minimal flow) which is the southwest line of the
2366.04 acre tract, described in the deed to George J.
Kacal, Jr., recorded in Volume 1470, Page 88, of the
Official Records of Brazos County, Texas, said corner
also in the Boundary Line Agreement between Kacal
and Anderson / Stephen Property, as recorded in
Volume 3933, Page 66, of the Official Records of
Brazos County, Texas;
THENCE along the common line between the beforementioned 116.81 acre tract
and the 2366.04 acre tract, as subject to the beforementioned Boundary Line
Agreement, and also being the centerline of Carter's Creek, (old channel - minimal
flow), as follows:
Williams Creek
61.91 Acre Tract
Nathan Clampitt Survey, A -90 EXHIBIT f t
Page 3 of _ S - Pages
1-
S. W. Robertson Survey, A -202
College Station, Brazos County, Texas
Continued - Page 4
S 59 38'53" E for a distance of 41.86 feet,
S 69 59'28" E for a distance of 384.54 feet,
S 01 09'26" E for a distance of 104.56 feet,
S 43 52'42" E for a distance of 236.52 feet to the confluence of the
flowing channel of Carter's Creek being the end of the
beforementioned Boundary Line Agreement;
THENCE continuing along the common line between the beforementioned
116.81 acre tract and the 2366.04 acre tract, same being centerline of Carter's Creek
(flowing channel), as follows:
S 07
06'08" E
for a distance of 51.86 feet,
S 60
02'38" E
for a distance of 244.50 feet,
S 36
15'00" E
for a distance of 111.86 feet,
S 05
55' 41" E
for a distance of 139.70 feet,
S 47
46'24" E
for a distance of 201.91 feet,
N 75
07'05" E
for a distance of 95.97 feet,
N 48
53' 21" E
for a distance of 42.02 feet,
S 85
08'33" E
for a distance of 69.90 feet,
S 45
34'38" E
for a distance of 106.52 feet,
S 43
41'47" E
for a distance of 193.94 feet,
S 80
57'33" E
for a distance of 89.71 feet,
N 89
17'49" E
for a distance of 53.21 feet and corner in the common
line between the said 116.81 acre tract and the
192.97 acre tract (NET) described in the deed from
Carol M. Anderson to Fred G. Anderson, as recorded
in Volume 8479, Page 93, of the Official Records of
Brazos County, Texas;
THENCE S 35 25' 01" W along the common line between the beforementioned
116.81 acre tract and the 192.97 acre tract, at a distance of 43.92 feet pass a Yz' iron
rod found from which a 6" cedar post fence corner bears S 35 25'W - 1.9 feet, continue
on, for a total distance of 357.56 feet to a ' /2 ' iron rod found marking the northeast
corner of Lot 10 (5.132 acres), Block 8, Williams Creek Subdivision, Phase 7, according
to the plat recorded in Volume 7964, Page 180, of the Official Records of Brazos
County, Texas, from which a 4" cedar post fence corner bears N 35 25'E - 44.5 feet;
THENCE along the north line of the beforementioned Williams Creek
Subdivision, Phase 7, and Williams Creek Subdivision, Phase 5 (8276/139), as follows:
N 82 57'52" W
N81 °21'49 "W
N86 °13'12 "W
S 62 58'46" W
Williams Creek
61.91 Acre Tract
Nathan Clampitt Survey, A -90
S. W. Robertson Survey, A -202
College Station, Brazos County,
Continued - Page 5
for a distance of 181.86 feet to a' /" iron rod found,
for a distance of 384.70 feet to a' /2' iron rod found,
at a distance of 22.88 feet pass a ' /2 ' iron rod found
marking the common corner between the
beforementioned Williams Creek Subdivision Phase 7
and Williams Creek Subdivision, Phase 5, for a total
distance , of 222.31 feet to a' /i' iron rod found,
for a distance of 63.20 feet to a ' /2 ' iron rod found,
Texas
N 85 30' 10" W for a distance of 114.90 feet to a '/" iron rod found,
S 50 48'44" W for a distance of 637.98 feet to a '/" iron rod found,
S 76 02' 21" W for a distance of 122.81 feet to a' /" iron rod found,
N 74 11'36" W for a distance of 423.06 feet to a ' /2 ' iron rod found, " „
EXHIBIT
Page _ 4 of j Page:
S 73 13'40" W for a distance of 70.00 feet to a ' /2' iron rod found in
the east right -of -way line of Williams Creek Drive - 70'
wide right -of -way, same being a curve, concave to the
southwest, having a radius of 385.00 feet,
Northwesterly along said curve, for an arc distance of 191.18 feet to
a '/i' iron rod found
marking the south corner of the beforementioned Lot
1, Block 7, the chord bears N 30° 59' 54" W - 189.22
feet,
N 23° 41' 11" E for a distance of 272.17 feet to the PLACE OF
BEGINNING, containing 61.91 acres of land, more or
less.
EXHIBIT A.
Page S of ,S Pages
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