HomeMy WebLinkAboutTitle Report 4! ...
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Sis II Return
university Title Company 0746735
PA.Ora‘ver DT
College Station.TOMBS 77141
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OF.nItqq54tic_ DECLARATION OF COVENANTo. og. ' i"4 • -
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CONDITIONS AND RESTRICTIONS : , ', .*" • I.':-;.f
STONE FOREST ESTATES -' -;
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THE STATE OF TEXAS
COUNTY OF BRAZOS
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WHEREAS JOHNSON INVESDAENTS. INC., a Texas o:orporation, acted for ,,.-i,' . -,y'e 1i.„;,...,,,-,'"ct
herein by its president (the'Declarant% is the owner of that real property in Bozos ;1,i , -,,,11.,•4,7:4?,:'
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County. Texas, which is more fully dosall)ed on Exhibit A attad!ed,hereto and.'f:,q`....,„‘,..'.. 0
. i.-.. A '',4'*4 r'.:incorporated herein by reference and any future additions theret0 Ohs .arm+41,, 111t
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WHEREAS. the Declarant desires to convey the Property ,,.to ce.ishis. ••',..,..'4„. .
protective covenants.conditions,pistil:5011C leas and caarliasas hereinafter lad lath;
and ,1::-7 ' " - -. -..P.,.. iy,'.,-;',,,..:'
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)IEREAS. Dedarantdesires Wereate Wld taffY out a _ POn:10,4,1010.,,i4'....'''•
improvement.devel2pment and sale of the Property for the benefit of the present and,,:,,p;',f.''..A,1",,„‘'...':';'•$':i.,":,' '--.,..''
future owners of the Property; :'-';\' . ., ."- .; • , , ' :4rrik.'--'k§,:',,-7.--`4 .1',-`i.,,,,'-,,t
Now.THEREFORE,KNOW ALL MEN BY THESE PRESENTS.,,,, ,. it is hereby .1.;-.,',,,„'''.,4 ,,,,4".11i;1--1,i-„,,-,` ••"2:.7,.,
dedared(i)Vial all of the Property shall be held,__i conveyed and occupied subject to
the following covenants, contrition*, restrictices. Sans and charges,which are for the,,.:,•14'^:IT'Ititi71.
purpose of protecting the value and desirability of,and which shall run with.the Property
- and whidl shall be binding on ell parties having any right. title.tx interest In or to the
Properly 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, deNvered and accepted'sect to thir'fi;14.*I',„,''.1"-t,7'.
following covenants,conditions and restrictions regardless d whether or not the same' „4-101,;•,:;.re-..1
are set out or referred to In said contract or deed ' • . '-. ;-'--,--'1”, ;' ' -,', -'-,- roF'
ARTICLE L ,,, ,.."--, • . - .., ' • ,' - :-,,,,,
DEFINITIONS . , . -,•.,,..,,,',,..- .., , ,- :.1 ..- „,..
Unless the context otherwise specifies of refluklos. the.failasial9 mid* and -;14.',:•-';',,P,',....
phrases when used in this Declaration Mall have the meanings hereinafter speceiect ''.v-Af',-;!-";z: 5,'-',c.e,:'.,,.-"',
1.01 ArcNtectural Committee;i;',.,"Architectural Corrertittoir shallmean the:,..-4,,,`,.,•,1. ,',.'4,--,..-4,':..i. ii,,;i,.'.
conimittee ixeated pursuant to this Declaration to review and aprove par* for the-,
construction of Improvements on the Properly.
102 t,
. Architectural Committee Rules. Architectural Contrite**Rules'shall mean; . i.ril-.4,,''
' the rules and regulabons adopted by the AntNectural amenities,as the pima Illey '''.,-t-'
wnended from time b*re. •,;.'-'
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- 1.03 Wan. •Milles*shall mean Miles of Incorporation of the Stone Forest 4
Owners Association. Inc..as that Instrument may be amended from time to time,which
r"` instrument Is Ned In the office of the Secretary of State or the State of Texas. 1
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.. 1.04 Assessment. 'Assessment' or 'Assessments' shall mean such 7
assessments as may be levied by the Association under the terms and provisions of this
•( 1.05 n. 'Association' shall mean the Stone Forest Owners 0
"„` Association. Inc.. a Texas non-profd corporation, which shall have authority and 0
;,: for all of the communities and subdivisions of Stone Forest, as hereafter
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1.06 biog. 'Board"shall mean the Board of Directors of the Association. Board 6
} members must be Members of the Associatir i.
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.07 B tj. "Bylaws'shah mean the Bylaws of the Association as adopted by
Ithe Board.and from time to time amended.
1.06 common Areas. 'Common Areas'shall mean any land conveyed, leased,
dedicated or assigned by Declarant,or by a third party with the Association's consent,to
the Association for maintenrnce and c..erabon, inch/ling, but not limited to,easements,
4; roads, entry ways, water detention and drainage. roadways, right-of-ways, parkways,
4 median strips. sidewalks, parks, trails, paths, ponds, creeks and lakes within the
.04 1.09 a rggy. •Dedaranr shall mean JOHNSON INVESTMENTS. INC.. Its
,y authorized auized ren+esentatives or its respective successors or assigns: provided that
any assignment of the nqhts of JOHNSON INVESTMENTS, INC as Declarant must be
ext ressly set forth in *wing and the mere conveyance of a portion of the Property
without written assignment of the rights of Declarant shall not be sufficient to constitute
a an assignment of the rights of Declarant hereunder.
1.10IDec oration 'Declaration'shall mean this instrument as it may be amended
from time to time.
1.11 Jmorovement. '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,
wads, tanks, reservoirs, pipes, lines, meters, antennae, towers and other facilities used
in connection with water, sewer, gas. electnc, telephone, regular or cable television, or
other utilities.
1.12 ja. 'Lor or 'Lots' shad 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 Properly as may be made pursuant to Article II. Section 2.02
of this Declaration.
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1.13 Member. 'Member or 'Members' shall mean any person(s), entity, or 4 .
entities holding membership rights in the Association. 1
1.14 MortaaaQ. •Mortgage or'Mortgagee shall mean any mortgage or deed of 9
trust covering any portion of the Property given to secure the payment of a debt. 7
1.15 Morloaaee. 'Mortgagee•or"Mortgagees'shall mean the holder or holders
of any Mortgage or Mortgages.
1.16 Owner. 'Owner or 'Owners' shall mean a person
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entities.including Declarant,holdinga fee simpleLot on the Property,ns, entity y ut
shall not indude a Mortgagee. interest in any the but
1.17 person. 'Person'or'Persons'shall mean7
or entities havingthe any individual, individuals, entity
legal right to hold title to real property. •
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1.18 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, 4
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.
1.19 Stone Forest. 'Stone Forest'shall mean the'community,or subdivisions,
consisting of the Property. 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 Association to lot owners of other subdivisions,or to merge with other
Associations.on terms acceptable to the Board.
1.20 Stone Forest Phase 'Stone Forest Phase r shall mean the subdivision -
created-by plat recorded in Vc+ Mme 4004, page 198 of the Official Records of Brazos •
County.Texas.
1.21 stone Forest Residential ftestrictiorn• 'Stone Forest Residential
Restriction' shall mean this Declaration, as the same may be amended from time to
time, together with the Stone Forest Rules, Architectural Committee rules and the
Articles and Bylaws of the Association as the same are in effect from time to time.
1.22 Stone Forest Rules. 'Stone Forest Rules' shall mean the rules and
regulations adopted by the Board as the sarrd may be amended from time to time.
ARTICLE II.
DEVELOPMENT OF THE PROPERTY
2.01 Pevelooment by Declarant. Declarant may divide or subdivide the
Property into several areas. develop some of the Property,and, at Declarants option.
WI any porton of the Property free of the restrictions set forth in this Declaration.
2.02 Addition d ,add tan DecL at any o and time
�• «••ni���7•at 1TprF11IR1e to any other lands to the Property, and upon such addition, this Declaration and the
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co arm, conditions, restrictions and obNpatIons set forth herein shall appy tc the 4
waded land.and the rights,prMegea,duties and liabditiss the parsons object to thin 1
si Dedarat on sha4 be tins some with respect to tits added land as they are with
the lands originally covered by this Declaration, except as needed to
Supplemental Declaration. In order to add lands to the modified Declarant
e l r a 9
shad be required only to record in the°lode!Records of BrazosPropertyCouny,Texas;� 7
of addition of land(Me'Supplemental Declaration"containing the following provisions:
a. A reference to this Declaration, which shall state the book and 0
to numbers of the Official Records of Brazos County wherein 0
i Declaration is recorded;
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4 b. A statement that the provisions of this Declaration shad apply to the 5 .
I added land.except as modified in the Supplemental Declaration;and
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Pi c. A legal description of the added land.
ti' 2.03 Withdrawal of land. Declarant may, at any time and from time to time,
It 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
C.< Property hereunder.Declarant shall be required
•i only to record in the Official Records of Brazos County. Texas, a notice of
t-i withdrawal of land containing the following provisions:
V. a. A reference to this Declaration,which reference shall state the book and
page numbers of the Official Records of Brazos County wherein this
Declaratio.i is recorded.
a b. A statement that the provisions of this Declaration shall no longer apply to
the withdrawn land;and
I f. c. A legal description of the withdrawn land.
ARTICLE Ill.
GENERAL RESTRICTIONS
Al of the Property shad be owned. held. encumbered. leased. used, occupied
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and enjoyed subject to the following limitations and restrictions:
3.01 Construction of Imorovernentd. No Improvements shall hereafter be
constructed
Co upon any of the Property without the priorapproval of the Architectural
t<� 3.02 . 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, inducting any
Lot.which is visible from any street,common area or other Lot unless it is impossible to
receive signals from said location. In that event the receiving device may be placed in a
via* location as approved by the Architectural Committee. The Architectural
:• Committee may require as much screening as possible while not substantially interfering
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with reception. The Declarant and/or the Association shall have the right, without 4
obligation, to erect or install an aerial, satellite dish, master antenna, cable system, or i
other apparatus fa the transmission of television, radio, satellite or other signals for the
benefit of all or a portion of the Properly. No satellite dishes shall be permitted which are 9
larger than 1 meter in diameter. No broadcast antenna mast may exceed the height of 7
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 shall be permitted which transmit television, radio, •
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satellite or other signals of any kind shall be placed, allowed, or maintained upon any �G►
portion of the Property. The Declarant by promulgating this section is not attempting to 0
violate the Telecommunica one Act of 1996 ('the Acr), as may be amended from time
to time. This section sh, be interpreted to be as restrictive as possible while not
violating the Act. 5 `t
i 3.03 Insurance Raft." Nothing shall be done or kept on the,Property which 9
would increase the rate of insurance or cause the cancellation of insurance on any Lot or 4.
any of the Improvements located thereon without the prior written approval of the Board.
3 ^l aLitovoing No Lot shall be further divided or subdivided, nor may any
easeme-.1 or other interest therein less than the whole be conveyed by the Owner • s
thereof without the prior written approval of the Architectural Committee; provided,
however, that when Declarant is the Owner thereof, Declarant may further divide and
subdivide any Lot and convey an easement or other interest less than the whole, all
without the approval of the Architectural Committee.
3 05 S,ign5 No sign of any kind shall be displayed to the public view on the
Property without the prior written appre al of the Architectural Committee, except for the
following (i) signs which are part of D, larant's overall marketing plan for the Property;
(n) one (1) sign per Lot, not exceeding 2' x 3' in area, fastened only to a stake in the
ground and extending n-• more than three (3') feet above the surface of such Lot
advertising the properly for sale or lease, (i.,1 not more than two political signs, not ,,
exceeding 2' x 3' in area, per Lot advocating the election of one or more political
candidates or the sponsorihip of a political party, issue Or proposal, provided that such
signs shall not be erected more than thirty(30)days in advance of the election to which
they pertain and shall be removed within three (3) days after such election; (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'x38'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 rexedenoe, 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 provedeu to an Owner by a commercial security or
alarm company providing service to the residence, pro aded the sign is not more than r
x 6•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 'Chile Find'program or a similar program sponsored by a local police
and/or local fire department;or(vii)a bulkier or kinder may place certain Information and
advertising signs on Lots without the price permission of the Architectural Committe..so
long as such s ns she smiler to bone kited as acceptable i0
and/or architearchitecturalteural guidelines and but Bane�yeDeclaration,
by u builder usIn the builder
Committee
and so long as suchsigns do not otherwise Owe p�po Architectural
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If any sign is placed within the subdivision In violation of this Declaration. the 4
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 1
any liability for trespass, other tort or damages in connection with or arising from such 9
entry,removal and/or disposal nor in any way shall the Association or Its agent be liable 7
for any accounting or other claim for such action.
3.08 Rubbish end 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 0
therefrom so as to render the Property or any portion thereof unsanitary, unsightly, 0
offensive or detrimental to any other property or to its occupants. Refuse,garbage and
trash shaft 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 6 "
other parts of the Property. If rubbish or debris accumulates upon any Lot in violation of 0
pis provision in the judgment of the Association, the Association may remove the
rubbish or debris,and charge a special assessment to the Owner of the Lot.
3.07 Noise. No noise or other nuisance shall be permitted to exist or operate
upon any portion of the Property so as to be offensive or detrimental to any other portion
of the Property or to its occupants.
3.08 Liohting. No exterior lighting of any sort shall be installed or maintained
on a Lot where the light source it offensive or a nuisance to neighboring property,
except for reasonable security or landscape lighting that has the approval of the
Architectural Committee
3.09 '4u!sance No noxious or offensive activity or work shall be conducted
upon any Lot .o 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
3 10 Repair of Improvement' All Improvements upon the Property, including
any Lot, shall at all times be kept in rood condition and repair and adequately painted or
otherwise maintained by the Owner or veers thereof
3.11 6ljeration 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 perfomed with the
poor written app•oval of the Architectural Committee
3 12 Rooftna Matenptj The surface of all roofs of principal and secondary
structures shall be wood, sh,vie. shakes, tile or quality composition shingle The
Architectural 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 13 Mir r EauiorD rjr 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, *dialling' Lots or other parts of the Prppi:riy, the location and installation design
thereof shall be submitted to the Architectural Committee and approval of such design.
including the aesthetics thereof, shall be required before construction may begin
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3.14 Driveway and Garaqe. The Architectural Committee shall have the right 4
to impose limitations on driveway and garage design, including materials, aprons. 1
location and point of contact with dedicated roads,streets or private driveways within the 9
Property, but front entry or'swing'entry garages shall generally be permissible, except 7
• in unique circumstances relating to the shape of the lot and house design, and the
Architectural Committee's discretion in such matter shall be absolute.
3.15 Tanks. The Architectural Committee shall have the right to approve the 0
location of any tank used or proposed in connection with a single family residential 0
structure, including tanks for storage of fuel, water, oil or LPG and including swimming
pool filter tanks. (No elevated tanks of any kind shall be erected,placed or permitted on
any Lot). All tanks shall be screened so as not to be visible from any adjoining Lot of 6
street or other parts of the Property. 1
3 16 t'"dergr^rind Utility Lines. No utility lines, including, but not limited ,o.
wires or . ee device, communication or transmission of telephone or electric
current or power, catr.e teievis.on or Pny 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 unoerground or
concealed in, under or on Improvements as approved in writing by the Architectural
Committee, provided, however, that no provision hereof shall be deemed to forbid the
erection of temporary power or telephone structures incident to the construction of
improvements which have been previously approved in writing by the Architectural
Committe. 1 , installation method, including 5ut not limited to location, type of
installation eq,npmernt trenching method and other aspects of rnstallabon for both
temporary and permanent ut l ties, shall be subject to review and approval by the
Arc hit,ctural Commitee
3 17 prainagq There shall be nn interference with the established drainage
patterns of the property, exce,t Cy Declarant, unless adequate provision is made for
property drainage and approved b the Architectural Committee.
3.18 Hazardous Activities. No activities shall be conducted on the Property
and no Improvements shall be constructed on the Property t►,at 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 intenor fireplaces, or In
contained barbecue units while attended and in use for cooking purposes.
3.19 Minim:and Dolling No oil dnllrng,oil development operations,oil refining,
quarrying or mining operation of any kind shall be permitted upon or In any lot,nor shah
oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No
derrick or other structure designed for use in boring for oil or natural gas shall be
erected.maintained or permitted upon any Lot.
3.20 Machinery and Eauioment. Without the approval of the Assor.stion or
Declarant, no machinery or equipment of any kind shall be placed, operated or
maintained . or av' --------
��' rsori�i to any Lot or Common Area
equipmentas is usual and ass in Brazos except such machinery or
customary County, Texas. h connection with the
use. maintenance, or construction of a private residence w appurtenant atruct;-es or
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recreational facilities maintained by the Association; provided however, such machinery 4
or equipment may be placed, operated or maintained by any governmental or quasi-
1 agency,or by a public utility,In the performance of its legitimate functions. 9
3.21 T Strrctk r ,. No tent, shack or other temporary building, 7
Improvement or structure shall be placed upon the Property without the prior written
approval of the Architectural Committee; provided however, that the Declarant may
maintain or authorize temporary structures necessary for storage of tools and
equipment and for office space for architects. builders and foremen on the Property
during any period of actual constriction, which authorization, if given, shad include the 0
nature,size,duration and location of such structure or structures. 0
3.22 Unsic"htfy Articles; Vehicles. No trailer,recreational vehicle, tent, boat,or 6
stripped down,wrecked,junked,or vehicle not legally opei. Ole on public streets shall be 2
kept,parked,stored,or maintained on any portion of the do eway or front yard in front of
the building line of the permanent stricture, and same sha I be kept, parked, stored or
maintained on other portions of a Lot only within an enclosed stricture or a screened
area which prevents the view thereof from adjacent Lots or streets. No dismantling or
assembling of motor vehicles,boats,trailers,recreational vehicles,or other machinery or
equipment shall be permitted in any driveway or yard adjacent to a street.
3.23 fences.
(A) No fence, wall, or hedge shall be built or maintained forward of the front
line of the main structure, not including decorative walls or fences which are pan of
the oreh,teclural design of the main structure,and which are not to be built or maintained
nears( than •he building setback line of any lot An exception shall be made in the case
of retaining wo'ts not to exceed twenty.four inches (24') above the ground
Notwithstanding tie foregoing, the Architec oral Committee rs empowered to waive the
aforesaid height or setback limitation in connection with retaining walls and decorative
walls if, in its sole discretion, such waiver is advisable in order to accommodate a
unique, attractive or advanced building concept design or material and the resulting
decorative wsll and/or retaining wall will not detract from the general appearance of the
neighborhood No chain-link fences may be built or maintained on any Lot.
(B) Unless otherwise approved by the Architectural Committee or as provided
herein, any fence built or maintained on any Lot shall be constructed only of standard
grade cedar privacy fence materials. six (6') feet in height, with the finished (smooth)
side facing all streets,common areas,or adjoining properties which are not part of Stone
Forest, aril the rough side facing the interior of any Lot. Ad posts shall be set in
concrete and buried at least eighteen(18)inches beneath the surface of the surrounding
ground.
3.24 Animals - Household Pets No animals, including s.
hogs. swine
poultry, wild animals. horses. cattle. sheep, goats or any other type of animal not
considered to be a domestic household pet within the ordinary meaning and
interpretation of such words may be kept or maintained on the Property. No domestic
household pet shalt be allowed to make an unreasonable amount of noose,or to become
a nuisance,and no domestic pets shall be allowed on the Property other than on the Lot
of its Owner, except when confined Ie a leash. No animal may be stabled, maintained,
kept, cared for or boarded for hire or remuneration on the Property and no kennels or
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breeding operation shall be allowed. No domestic household pet shall be allowed to run 4
at large and all of such pets shall be kept within enclosed areas which must be clean. 1
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 9
Architectural Committee, shall be of reasonable design and construction to adequately 7
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 two(2)adult dogs and two(2)adult cats may be kept on a single Lot. All domestic At
household pets shall be kept in strict accordance with all local laws and ordinances. 0
3.25 Maintenance of Lawns and Plantingg. Each Owner shall keep all shrubs.
trees,grass and plantings of every kind on such Owner's t 'cultivated,pruned,and(res 0
of trash and other unsightly material. Subject to Section 3.29 below,trees,shrubs,vines 6
and plants that die shall be promptly removed. Declarant, the Association and the 3
Architectural Committee shall have the right at any reasonable time after not less than
ten (10) days written notice to Owner to cure any violation of this provision within such
10-day penod, to enter upon an' tot to replace, maintain and cultivate shrubs. trees,
grass or other plantings located thereon, and to charge the cost thereof to the O .er of
the Lot as provideo ^ section 5.04(E)below.
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3.26 kandscaor i._ ^-i All landscaping shall be designed so as to protect
and promote,as far as practica: *he natural local landscape environment through use
01 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 and trunk diameters of lour(4)or more inches. To insure
the viability of these trees, sal compacting, trenching and/or cut and fill
shall be avoided, to the greatest extent possible, in the area defined by a
tree's dnpline.
(8) 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,within thirty
(30) days of occupancy of any residence constructed on • 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 and trees in
the front yard on the Lot, within thirty (30) days of occupancy of any
residence constructed on a La, which have a retail value for materials
and labor equal to at least 1500.00. Existing indigenous shrubs. treas,
bum and vegetation ;hail riot be lrictuded within this requirement. nor
shall ground cover, mulch, grass, or bed preparation. The Association
may cure any default of this covenant in the manner provided in Article V
hereof.
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3.Z7 4
b the contrary, this Declaration shall not be construed so astto nnrringeaeasonablyprovislointerrfeerree
withOwner vent t normalconstruction acthMbs during the construction ci Improvements by 9
groaner.( clungDe no��s�� arn Lot within the Property, or the sale of any Lot 7
Specifically, 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 0
stored upon any Lot until the Owner thereof is ready to commence Improvements. and
then the material shall be plated 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 6
part of the Property. In the event of any dispute regarding such matters, a tempora
v,alver of the applicable provision may be granted by the Architectural Committee 4
provided that such waiver shall be only for the reasonable period c f 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.
i
3.28 M41.0.3. Mailboxes shall be erected and maintained on each Lot upon
which a residence is situated, and shall be fixed on masonry stanchions (columns),
apprc -d by the Architectural Committee. No metal post stands shalt be permitted
Each mailbox shall be new when instailed constructed of durable steel or aluminum,
and of a size and shape conforming
to
ly
residential postal depositors Mailboxes shall beulocatal ed on the curb iny standards forsinac9cordan'ce
with postal regulations.
3.29ht in No fence, wall, hedge, or shrub planting which obstructs
sight lines from streets on the Property shall be placed or
Corner Lot within the area defined by a line drawn between tweo points loci;dafortyyty (on 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 Committee
Measurement shall be by chord, not by arc No tree shall be permitted to remain within
such areas, unless the foliage is maintained at sufficient height to prevent obstruction of
such sight lines.
3.30 Qaraoe CO nverSions No garage. or any portion thareof, may
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
fMst approved in writing by the Architectural Committee.
3.31Windows and jam. Doors and windows in any residence cn any Lot
shal comply with all of the requirements of Article 5 33A, Section 8(a)(1) of the
Insurance Code of the State of Texas,as it now exists, which provisions are sometimes
called Standard I guidelines for home security. the 'Safe Home' program Those
guidelines are as follows:
(A) Exterior doors must be solid core doors that are 1 3/8 inches thick and
must be secured by daad_bolt lows. Ali dead-bolt locks must lock with a
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minimum bolt throw of 1 inch that penetrates a metal strike plate mounted 4
with 3 inch sown. 1
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(B) Metal doors must be secured by dead-bolt locks. 9 • i
(C) If glass is within 40 inches of a locking device, the lock must be key 7
operated from both sides.
(D) Double doors must have the inactive door secured by header and 0
threshold bolts that penetrate metal strike plates,and in the case of glass 0 .
located within 40 inch*.i of header and threshold bolts, the inactive door 0
must have the ler s Outer-mounted in the edge of the door. •
(E) Sliding mass doors must be secured by secondary locking devices to 5
prevent Idling and prying. 5
(F) Dutch doors must have concealed flush-bolt locking devices to Interlock
upper and lower halves and must be secured by a dead-bolt lock.
(G) Garage doors must be equipped with key-operated locking devices.
(H) Windows must be seared by auxiliary locking devices (screws, wooden
dowels,pinning devices. •.r key-operated locks).
(I) Windows and doom must be dear of exterior shrubbery.
If revisions are adopted in the statute referenced above by the Texas Legislature,
such revisions may also be adopted herein, if such action is taken pursuant to Section
9.03 below.
3.32 Electronic Burolar Alarm,. .t any ..,,s.dence on any lot has an electronic
burglar alarm system, such system shall comply with all of the requirements of Amide '
5.33A, Section 6(a)(2) of the Insurance Code of the State of Texas, as it now exists, ...',/,..:... ,
which provisions are sometimes called Standard II guidelines for home security, the
'Safe Home'program. Those guidelines are as follows:
(A) Ail exterior structure openings are contacted(indudin,,non-opening
windows.
(B) The system includes an interior and exterior siren.
(C) All equipment is U.L.approved and monitored by a U.L approved
central station.
(D) Sales.service,installation,and monitoring of the system are done in
compliance with the Private Investigators and Private Security Apr ' des
Aa
3.33 Room and Board Plans. No Owner shad permit and Lot or knprOairrtent
on any Lot to be used in whole or in part by tenants on rooming or boarding plans or
contracts,or both,of any type.
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3.34 ,rovt:k 4
Each Owner stall comply strictly with to tone F - 1
Restrictions as thed Stone Forest Residential .
mayof the be amended from time to time. Failure to complywith any 9 '
Stone Forest Residential Restrictions shall constitute a violation of this
Dedarat;on.and snarl give rise to a cause of action to7
injunctive relief or both.rr-intainabbrecover sums due for damages a or
y
aggrieves' Owner. by the Board on behalf of the Association or by any
Declarant, for itself, its successors or assigns, r?sErves die right to
enfo-.a these restrictive covenants.though it
subdivided Lots controlled may have previously sold and conveyed all [�
this r.ght of enforcement shall not create an ob gs a iionnof any k� enforce the same.ofrty. rbe reservation
3.35 No Warranty nt�.,r.,. � �� 1
that any3 a rl�. While Declarant nas nn reason to believe .
the rest•hct,ve covenants or ether terms and pros ;';n., ;,ontained in this
C.
Article III or elsewhere in this Declaration are or may be invalid o:,:nerforL.:abto ler 6r•,y
res°.ion or.o..te extent, Declarant makes no warranty or represen!;,(io zs to the present
or suture validity or enforceability of any such :eshrctive covenants, terms • provisions
Ar:y Owner acxluiring a Lot in reliance u
terms or aro .sions shall assume all risks of the validity one or and enforce,b,y thereof and,
oy acgr_;ring the Lot,agrees to hold Declarant harmless therefrom.
ARTICLE IV,
RESIDENTIAL RESTRICTIONS
4.31 1'tesidential e. All Lots shall be improved and used solelyfor
family residential purposes inclusive of a garage, fencingand such other Improvements single
as are necessary or customarily incident to residential use. No Wovemyntr
use his Lot or any improvements constructed thereon. orOwner shall occupy or
thareof to be occupied or used for anyincpermit
rekthe sameoor any as a
private residence for the Owner, his familyand guests. All ots within the Property r n a
be used and improved solely for single family residential u shall
one (1) attached residential dwelling unit rm purposes. with no more than
this Section 4.01 shall refer not onlyto the architectural Ides n-single
Ithe family as used in
but
also to the design
Permitted number of inhabitants which is limited to a single nuclear dwelling unit
A
'single nuclear family is any number of persons related within
the consanguinity or affinity, living with not more than one (1) second degree of
as a single household unit and one household employee of such whoson is householdoh unit.
related
not the intention of Declarant to exclude from aidunit. It a
authorized to remain by any state or federal law homesite any individual who b
notwithstanding, any Lot may be used or improved forgreenbeltrein o the contrary
drain field purposes. No Improvement ,riay be eonatructed upon any Lot that would
open space and/or
unreasonably obstruct the view from other
of all Improvements upon Lots within the Property
of the Property, and the pOsrlioning
Architectural Committee review. The Arahife ruaSComurbt hereby
expresbut sly made shall not
to
required to, prevent or allow the construction of a proposed Improvement baed upon l
'he effect it will have upon the view from anyi
may consider the effect the Improvement will have particularon the p Property as a whole,
hl Committee
expressly understood that neither the Architectural Committee nor the members therms
shall be liable to any Owner in monetary damages or otherwise due to the construction
II of any Irr.provement within the Property or the creating thereby of an obstruction to the
view from such Owner's Lot or Lots. i
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4.02 utbuadin . Every outbuilding, Inclusive of such structures as a 4
detached garage, storage building or greenhouse, shall be compatible with the dwelling 1
to which it is appurtenant in terms of its design and material composition. AD such 9
buildings shall be subject to approval by the Architectural Committee. In no instance 7
shall an outbuilding, other than a detached garage, exceed one (1) story
have total floor area in excess of ten floor height
percent (10%) of the e area of the main
4.03BUiIdmQ He'nr
n . No Improvement greater than thirty-two (32) feet in
height may be constructed on any Lot without the prior written approval of the
Architectural Committee. For purposes of this paragraph,height shall be measured from
the foundation slab of the proposed Improvement to the ridge line of the roof of the 6
proposod Improvement. •
7
4 04 eu idmo Materials. Dwelling
s shall be of
recognized standard construction quality, and all exteriorrl sl((exclusive ofe family hdp rs,windows.
and similar openings) shall be constructed at least eighty percent (80%) architectural
masonry or other material specifically approved in writing by the Architectural
Committee. Masonry includes ceramic tile. brick, rock and all other materials commonly
referred to in the College Station, Texas area as masonry. Unless an exception is
granted by the Architectural Committee,all single family dwellings in Stone Forest Phase
I shall contain not less than two thousand one hundred (2100) square feet of enclosed
living wake for dwellings constructed on Lots in all cases exclusive of porches(open or
covered),decks,garages and carports. The square footage of enclosed living space for
residences on Lots in subsequent phases of development shall be determined by
Declarant and set forth in an instrument to be recorded in the Official Records of Brazos
County. Texas Each residence built on a Lot shall include an enclosed attached or
detached garage or other structure sufficient to meet the requirements of Sections 3.14
and 3 22 abcve
4 05 Construction len Plarw The use of prefabricated materials, including
antique homes moved from other locations, shall not be allowed.
•
4 06 Set-back Reouirementl 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. *+lo-building-shall
located nearer than seven and one-half (7-112) feet to any interior side Lot Vis. No
builds% shall be 'located nearer-than twen'y ',AMY feet from any gear tot line.
•
Notwithstanding the foregoing, in resPect to cut-de-SecLots or Lots having irregular
shapes, such building must be situated at a mean distance of at least seven and one-
half 17-1/2) feet from each tide property line of such Lot. but in no event rimer at any
one point than seven and one-half (7-1/2) feet from such •
side Further-more, on such cul-de-sac Lots or Lots havingproperty ' •
1'
may be constructed as nearAas twenty-fiveshapes, such provided
hither, however, thatn detached (25)feet from the rear of provided . ,.
garages may be as near as twenty(20)feet from the r,,• P.
rear of the Lot and any permitted temporary structures
and ons-heli (7-1/2) feet from the mar ofmay Lot. situatedrp as near asof sevenh
any such F� pt.Poses of these __.._.-------
covenants, the eaves of buildings shall not be deemed to be par of a building o, F:
mature•but steps and porches shall be deemed to be a part of a building or structure.
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This Section shall not be construed to allow any building or structure to encroach upon 4
another Lot
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ARTICLE V. 9
STONE FOREST OWNERS ASSOCIATION 7
5.01 Qimintzaks. Declarant has caused the formation and incorporation
the Assodatlon as a nonprofit corporation created for thewof
duties. and vested with the powers prescribed by law or settforth its s the
Bylaws or in the Declaration. Neither the BylawsArticles and 0
Articles nor shall for any reason be
Declaration.
amended or otherwise changed or interpreted so as to be inconsistent with this
0
5.02 Membershi0. Any Person or entity upon becoming an Owner shall 6 .
automatically become a Member of the Association. Membership shall be appurtenant a
to and shall run with the property interest which qualifies the Owner thereof for
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 Votinci 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 Dedarant).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 votes for each acre
owned by Declarant. Declarant shall have the number of votes descnbed
in this Section 5.03(B) until such time as all of the Property has been
subdivided by plat and eighty percent (80%) 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 Association. The Association shall have the
1 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 Association, and the Board acting on behalf of the Association, shall
have the following powers and authority at all times:
(A) Stone Forest Rules and Bylaw. To make,establish and promulgate. and
in its discretion to amend or repeal and re-enact,such Stone Forest Rules
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and Bylaws, not in conflict with this Declaration, as It deems proper b 4 e
address any and all aspects of its functions. 1
(B) laskrame. To obtain and maintain in effect policies of insurance w$ilch,in 9
the opinion of the Board. are reasonable necessary or appropriate b 7
carry out Association functions.
(C) Records. To keep Books and records of the Association's affairs. 0
(D) Assessmmftt*. To levy Assessments as provided in Amide VII below. 0
(F) Right of Entre and Enforcement. To enter at any time in an emergency, 0 % •
or in a nonemergency, after ten (10)days written notice, without being 6
liable to any Owner, upo,t any Lot and into any Improvement thereon for 9
the purpose of enforcing the Stone Forest Residential Restrictions or for
the purpose of erecting, maintaining or repainng any Improvement to
conform to the Stone Forest Residential Restrictions, and the expense
thereon shall be a personal obligation of the Owner of the Lot entered
upon, shall be a ben upon the Lot entered on and Improvements thereon,
an shall be enforced in the same manner c id to the same extent as
provided in Article VII hereof for regular and special Assessments. The
Association shalt have the power and authority from time to time, in its
own name and on its own behalf, or in the name of an 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 Stone Forest Residential
Restnc,,ons. The Association is also authorized to Bettie claims, enforce
liens and take all such action as it may deem necessary or expedient to
enforce the Stone Forest Residential Restnctions,provided, however,that
the Board shall never be authorized to expend any Association funs for -
the purpose of bringing suit against Declarant,its successors or assigns.
(F) Leo& and Aooa,ntino Services. To retain and pay for legal and
accounting services necessary or proper for the operation of the
Association.
(G) peleoation to Committees. To set up one or more committees as
authonzed by the Texas Non-Profit Corporation Act, as the same le
amended from time to time.
(H) Emobre'es. To engage such employees as may be reasonably
necessary in Ute management of the Association and the performance of
its duties.
5.05Langtssimmg . The Association shall be authorized to
landscape. maintain and repair easements. right-of-way. common area. envy ways,
sidewalks, paths. trails. detention ponds. lakes, and other areas of the Property. as
appropriate.
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0746735
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5.06 Co n 4
•
(A) Subsea to and in accordance with this Deda.sttion,the Association,acting 1
through the Board,shall have the following duties: 9
(1) To accept own, operate and maintain all Common Areas which
may be conveyed or leased to It by Declarant, together with any
Improvements of any kind or purpose located in said areas; and
to accept, own, operate and maintain all other property, real and
personal,conveyed or leased to Vie Association by Declarant;and 0
to maintain in good repair and condition all lands, Improvements,
and other Association property owned by or leased to the •0
Association,whether by Declarant or by other Persor i. 7
(2) To pay all real and personal property taxes and other taxes and
assessments levied upon or with respect to any property owned
by or leased to the Association to the extent that such taxes and
assessments are not *vied directly upon individual Members of
the Association. The Association shall have all rights granted by
law to contest the legality and the amount of such taxes and
assessments.
(3) To execute mortgages, both construction and permanent, for
construction of Improvements on property owned b; or leased to
the Association, and to accept lands in Common Areas, whether
or not improved. from Declarant subject to such mortgages or by
assuming such mortgages. Financing may be effected through
conventional mortgages or deeds of trust, the issuance and sale
of development or other bonds, or in any other form or manner
deemed appropriate by the borrower, whether Declarant or the
Association. The mortgage or other security interest given to
secure repayment of any borrower, whether Declarant or the
Association, on the Improvement to be constructed, together with
such underlying and surr..hinding lands as the borrower deems
appropriate. The Jett 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, ac may be deemed
appropriate by Declarant or the Association,as the case may' 3,
b:.it subject to the limitations imposed by this Declaration.
!B) In addition to, and not in limitation of, the power and authority of
the Association as set forth in Section 5.04 of this Declaration,the
Association, acting through the Board, shall have the power and
authority:
(1) To grant and convey portions of Association property,
indudi g 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:
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0746735 .
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(a) Parks, parkways or other recreational facilities or 4
structures:
(b) Roads, streets.walks,driveways. trails and 9
Paths: �►
(c) tines, cables, w. _•. conduits. .
means of providing pipelines or outer
ut�hties; .
(d) Sewers, water systems, sto0
rm
age
systems,sprinkler systems and pipelines. and/or e 0
(e) Any simil,'r public, quasi-puhlic or private
Improvements. 7 • , .
Nothing contained in tr.is Subparagraph.
construed to permit use or g P however, shall be
•
Area or Improvement in a wayoccupancy of any Compton
use and Improvement
occupancy that would violate applicable
provisions of this e,festnctions imPOSed by other
,
occupancy Jaraion, or by any use and
P ty restrictions irrPogeJ by o.hn.provisions of this
•
Declaration, or by any statute, rule, regulation, ordinance `
or other law of any governmental entity,
limited to rules and orders including
Development Board, Texas Wate of the Texas Watterer
floes Plain, indust.iai wase oro Commission and any but not
`
of College Station. other ordinanOe of t<� ,
(2) To pay for water. sewer,
gardening and all other utilities garbage
removal. landscaping, ,
for the properly of the As and maintenance _
Association.
,
(3) To pay for any - i
other services necessary or oper in the r
Performan„e of Association functions, and to pay for any
other taxes or assessments that the
Board is required to secure or to payfASsoaal,.,n or the
applicable law, tee terms of this for the Articles tos "
or Bylaws of the A_- Declaration,or the Atides
ociation.
(4) To own and operate any and all
active and passe,e recreation. types of fadlitws for both
(5) To cc.;stn,ct new Improvements
!properties, P meet,or additions to Association `
subject to the approval of the Arm
Conemittee as required in this Architectural
Declaration.
(6) To enter into ��ec�a with �_. ,
on sand Declarant anc other persons
terms provisions as the
determine, to operate and maintain Board shag
Areas or to provide any seooce or perform�any" •
i •
Commonon
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0746735
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behalf of Declarant or the Assodation In Connection with 4
the purposes of the Association. 1
(7) To acquire and own and to dispose of all manner of real 9
and personal property, whether by purchase, grant. tease, 7
gift or otherwise.
(8) To merge with other associations having the same or
similar purposes and ot+jectives,or terms acceptable to the
Board. 0
5.07 eQf n rtt with Gtv of Coneoe Siphon. end Count, df Brae. The 0
Declarant, as the agent of the Association, or the Association, may enter into one or 7 •
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 w;thin the propely for municipal
maintenanCe• The Association shall accept, without further requirement or
documentation,said agreement and tie requirements and benefits associated thea-with,
for any agreement reached by the Declarant.
5.08 Indemnification. The Association shall indemnify any director, officer, or
member of a committee duly appointed pursuant to tho 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 proceedinc,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 directrx, officer or
member of such a committee of the Association, against al judgments. penaties
(including excise and s:mitar taxes), fines, settlements, and reasonable expen_a
actually incurred by the person in connection with any such P oceedmg to the f»tlest
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 authonzation of indemnification and advancement of expenses
• to the fullest extent perrnittel by the Texas Non-Profit Corporation Act, as amended and
in effect from time to time.
ARTICI E VI.
ARCNITECTURJ COMMITTEE
6.01 Membership of Architectural Committee. The Architectural Committee
shall consist of not more bean 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 initial Voting Members of the Architectural Committee: Joseph Stevens Johnson and
Janet May Johnson.
6.02 Action by Architectural Cummins& Items presented to the Architectural
Committee shall be decided by a majority vote of the Voting Members.
6.03 Advisory Mambers. The Voting Members may from time to time
designate Advisory Members.
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0746735
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6.O4 Term. Each member of the Architectural Committee shall hold office until
1 such time as he or she has resigned or has been removed or his or her successor has1
been appoin!ed as provided herein.
g r
6.05 Peclaranfs Rights of Appointment. Until the Transition Date described in 7 r.
Section 5.03, Declarant, its successors or assigns shall have the right to appoint and
remove all Voting Members of the Architectural Committee,which persons need not be
,
drawn from Association Members. Notwithstanding the preceding sentence, Declarant 0
I may delegate its nght 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 nght to appoint all Voting Members. At such time as the Board gains the right 0
to appoint and remcve Voting Members of the Architectural Committee,or any portion of 7
this right, a majority of the Voting Members so appointed shall be drawn from Members
of the Association. Advisory Members shall, when reasonably possible, be drawn from
Members of the Association.
•
6.06 Adoption ff Rules. The Architectural Committee may adopt such
procedural and substantive rules and guidelines,not in conflict with this Declaration,as It
deems necessary or proper for the perfomtance of its duties,including but not limited to
a building code,a fire code,a housing code,and other similar codes.
6.07 Architectural Control. No buildings, additions, modifications or
improvements shall be erected, placed or performed on any Lot until the Plans and
Specifications have been submitted in duplicate and approved in writing by the
Architectural Committee as hereinafter provided. Builders may submit their design plans
as master design plans, which plans shall include all specifications, including '
specifications as to back color and paint color, that may be used when building each
design. The Architectural 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 Committee, experienced or qualified to i
t `
review same,who may then render an opinion to the Architectural 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. In the event the Architectural 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 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 HI 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
uby the Architectural Committee does not obligate the Architectural
Committee to approve a similar deviation at a later time. Notwithstanding any other
provision contained herein,any dwellings,additions,or improvements erected or
ced
on any Lot shall be deemed to comply with the building requirements of the Architectural
Committee and related covenants contained in the Declaration unless the Architectural
Committee so notifies the Owner otherwise in writing within four (4) years from the
completion thereof. This provision,however,ver,shall not be deemed a waiver of the right of .
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0746 735
the Architectural Committee or Declarant to enforce the continuity restriction of use 4
contained heroin.
.
The Architectural Comities shall have the authority hereunder to requireany9
Owner or Owners agents or contractors to cease and desist In constructing or altering7
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 Committee. The violating Owner shall nr
remove such violating Improvements or site work at Its sole expense and without delay, 0
returning same to its original condition or brining the Lot into compliance with the 0
Deja 4,ion, Architectural Committee documents and any plans and specifications
approved ny the Architectural Committee for construction on that Lot. This Declaration 0
Is notice of such approval requirements and,by purchasing a Lot,Owners hereby 7
agree to bear the cost and expense to cure any violations according to this
provision,regardless of the substantial cost,time or loss of business Involved. 4
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 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 Committee exist.
In ;o doing, the Architectural Committee shall not be subject to any!lability for trespass.
other tort or damages in connection with or arising from such entry nor in any way shall
the Association or its agent be liable for any accounting or other claim for such action.
The Architectural Committee shall have the right to set reasonable time
constraints for both the commencement and completion of construction, which
constraints sna"be no less than ninety(90)days to commence construction and nine(9)
If months to complete construction. It 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 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 Committee.
6.08 Actions of the Architectural Committee. The Architectural Committee
may, by resolution unanimously adopted in writing, designate one or two of its members
or an agent acting on its behalf to take any action or perform any duties for and on
behalf on the Architectural Committee. In the absence of such designation, the vote of a
majority of all the members of the Architectu,al Committee taken without a meetin;,shall
constitute an act of the Architectural Committee.
6.9 No Waiver of Future Approvals. The approval or consent of the
Architectural Committee of any Plans and Specifications for any work done or proposed,
or in connection with any other matter requiring the approval or consent of the
Architectural Committee, shall not be deemed to constitute a waiver of any right to
withhold approval or consent as to any other Plans and Specifications, or other matter
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whawver, sut.equentty or additionally submitted for approval or consent by the spore or 4
a different person. 1
6.10 Work in Prorres%. The Architectural Committee may at its option inspect 9 i ;• •
all work in progress to insure co enema with approved Plans and Specifications. 7 •
6.11 Nonliability of Architectural Committee Members. Neither the ;
Architectural Committee nor any member thereof scall be liable to the Association or to
any Owner or to any other person for any loss,danage or injury arising out of their being 4
in any way connected with the performance of the Architectural Committee's duties 0
under this Declaration unless due to the willful misconduct or had faith of the �A
Architectural Committee or its members, as the case may be. Neither the Architectural .
.
Committee nor any member thereof shall be liable to any Owner due to the construction 7 •' •,' •
of any Improvements within the Property, or the creation thereby of any obstruction of 5 +>
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the view from such Owner's Lot or Lots.
6.12 Address. Plans and Specifications shall be submitted to the Architectural
Committee in care of the Association, or in care of such other person at such other
add'ess as may be designated by Declarant or the Board,as the case may be,from time
to time.
6.13 Failure to Act. In the event the Architectural Committee or its designatedrepresentative fails to approve or disapprove any Plans and Specifications within ten
(10) day: after the same have been submitted to it, complete with all other information `
requested by the Architectural Committee in connection with such submission, approval 1 .•
shall be assumed.
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 Committee in a written instrument
to be duly acknowledged,if and when such a vzriance she ever be granted.
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6.15 Governmental Agency Approval. Nothing in this Declaration shall be s
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 i +
any Lot i,
6.16 Relationship with Association. The Architectural Committee has been
created pursuant to this Declaration to perform certain functions specified herein relative
to the review and ,.pproval of Plans and Specifications for improvements built on the
Property. The Architectural Commirse does not exercise the authority of the Board,and
shall not do so unless and until (i) 'he Board shall have duly appointed a majority of
Board members to the Architectural Committee, and (ii) the Board shall by unanimous •
.
resolution, duly recorded n the records of the Association, maka the Architectural
Committee a committee of the Board in accordance with the Texas Non-Profit , •
Corporation Act •
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0746735
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ARTIC7.E VII.
If
7.01
f FUNDS AND ASSESSMENTS
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L
(A) The Assodatim may from time to time ivy Assessments against each
L;,! whet or or not improved. The level of Assessments shag be
hereunder s
niform
batueen a.i Lets, provided, however. that no Assessments equshalt be levied vied
land le
•
agairet Declarant. 0
0
(b) Where the obligation to pat i 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 7
proportioi to the amount of the Arse•sment year c+ other period remaining after said
6
date,
(C) Each unpaid Assessment together with such interest thereon and costs of
catlectlo.' thereof as hereinafter provided, shall be the
of the Lot against which the Assessment falls due, and shall
beme obligationof agthainst
Owner
such Lot and all Improvements thereon. The Association may eenforcee lien payment
of each
j Assessments in accordance with the P yment of such
z provisions of this Article.
7.02 Maintenance Fund. The Board shall establish a maintenance fund into
which shall be deposited all monies paid to the Association and from which
disbursements shall be made in perfornino tie functions of the Association under this
Declaration. The funds of the Associat',n r' ust be used solely for purposes authorized
•
by this Declaration. as it may from time tc tin -be amended.
7.03 Regular Annual Assessments. Pnar to the beginning of each fiscal
year, the Board shall estimate the expenses Li be incurred by the Association during
such year in performing its f;.rnctions under the Sione Forest Residential Restrictions,
including bu: not limited to the cost of all entry ways, landscaping, greenbelts, common
areas, median strip, .vr>d right-of-way maintenance, the cost of enforcing the Stone
Forest Residential Restrictions, and reasonable provisions for contingencies and
appropriate replacement reserves, less any expected income and any surplus form the
prior year's funds. Assessments sufficient to pay such estimated expenses shall then be
levied as herein provid^d, and the level of Assessments set by the Board s:iall be final
and binding so long as it is made in good faith. If the sums collected prove inadequate
for any reason, including nonpayment of any individual Assessment, the Association
may at any time,and from time to time levy further Assessments in the same manner a•
aforesaid. All such regular Assessments shall be due and payable to the Association at
the beginning of the fiscal year or during the fiscal year in equal monthly installments on
or before the first day beginning of the fiscal year or during the fiscal year in eqi 31
monthly installments on or before the first day of each month,or in such other manner Js
the Board may designate in its sole and absolute discretion.
7.04 Special Assessments. In addition to the regular annual Assessments
provided for above, the Board may levy special Assessments whenever in the Board's
opinion such special Assessments are' necessary to enable the Board to carry out in
mandatory functions of the Association under the Stone Forest Residential Restriction.
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0746735 •
The amount and due date of any special Assessments shall be at the reasonable
discretion of the Board. 4
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7.05 '
Owner's Personal Obligation for Payment Of; -¢essments. The regular 9
and special Assessments provided for herein shall be the "
the Owner of the Lot covred by such assessments. Except as otherwise provided of j
Section 7.01(A) hereof, no Owner may exempt himself from ►ability for such
Assessments. In the event of default in the payment of any s,,i Asse--ment, the '
ff'�77��
Owner of the Lot shall be obligated to pay interest at tte highest rate a owed by w
applicable usury laws then in effect on the amount of the Assessment from due date 0 •
thereof (or if there is no such highest rate, then at the 'ate of 1-1/2% per month) * `,
together with all costs and expenses of collection,incluci^g reasonable attorneys fees.
7.06 Assessment Lien and Foreclosure. All sums assessed in the manner 7
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 provide., thereupon
become : 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.
i .
personal representatives, successors or assigns. The aforesaid lien shall be superior to •
all other liens and charges against the said Lot, except only for tax liens and all sums
unpaid on a first mortgage lien or first deed of trust filed of record, securing on either i
instance sums borrowed for the acquisition or improvement of the Lot in question. The '
Association shall have the power to subordinate the aforesaid Assessment lien to any
other lien. Such power shall be entirely discretionary with the Board and such
subordination shall be effectuated by an officer of the Association,duly authorized by the
Board. To evidence an Assessment lien,the 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 descnption of the Lot. Such notice shall be
signed by an officer of the Association, duly authorized by the Board, and shall be I
recorded in the office of the County Clerk of Brazos County, Texas. Such lien for I
payment of Assessments shall attach with the priority above set for the from the data
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 Association in like manner as a mortgage on real property,
or the Association may institute suit against the Owner personally obligated to pay the
Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure
proceeding,whether judicial or non judicial,the Owner shall be required to pay the costs,
expenses, and reasonable attorneys fees incurred by the Association, The Association
shall have the power to bid on the Property at foreclosure or other
I
acquire,hold,lease,mortgage,convey or otherwise deal wit the same. Upon the written
request of any Mortgagee, the Association shall report to said
any Assessments relating to the Mortgagee the status of
than thirty(30)days after due. Mortgagee's mortgage and remaining unpaid for longer
ARTICLE VIII. I
EASEMENTS
I •
8.01 Rete*Led EaSernent.i. All dedications. limitations, restrictions, and
reaervations shown on any plat rnyerir►g all or any portion of the .
and dedications of easements, ht-of property and made grants by
right-of-way, restrictions, and related rights by
Declarant prior to the Property becoming subject to this Declaration, are incorporated
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amvalliggisms!mirommiiiii-
0746735
herein by reference and made a0
forth herein. and shall be construed���' Declaration for all purposes as H fully set 4
o"conveyance executed or to be executedeing adopted in each and every ccontract,conveying
deed1
part of the by or on behalf of Declarant conveying any
Property. Declarant reserves the right to make changes in and additions to 9
the said easements and right-of-way for the purpose of most effectively, efficiently and
economically developing and marketing the property. Further, Declarant reserves the 7
right,without the necessity of the joinder of any owner or other person or entity, to grant,
dedicate, reserve or otherwise create, at any time or from time to time, common areas,
rights-of-way and easements for public utility purposes(including,without limitation,gas, 0
cable, water, electricity, telephone and drainage), in favor of any person or entity, along
and on either or both sides of any Lot line,any such easement having a maximum width
of seven and one-half(7-1/2)feet on each side of such Lot line.
7
8.02 Installation and Maintenance. Easements for installation and
maintenance of utilities and drainage facilities are reserved as shown on the recorded 8
Flat. Within these easements, if any, no structure or other material shall be placed or
I 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 though drainage channels in such easements. The easement
area of each Lot, if any, and all Improvements in such area shall be maintained
Icontinuously 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.
8.03 Surface Areas. The surface of easement areas for underground utility
services maybe used for planting shrubbery, trees, lawns cr flowers. However, neither
the Declarant nor any supplier of any utility service using any easement area shall be
liable to any Owner or to the Association for any dc-nage done by them or either of
them, or their respective agents,employees, servants or assigns,to any of the aforesaid
vegetation as a result of any activity reasonably relating to the construction,
maintenance,operation or repair of any facility in any such easement area.
8.04 Drainage Easementg. Each Owner covenants to provide easements for
drainage and water flow, as contours of land and the arrangement of Improvements
approved by the Architectural Committee thereon require. Each Owner further
covenants not to disturb or displace any trees or other vegetation within the d.ainage
easements as defined in this Declaration and shown on the Plat. There shall be no
construction of improvements, temporary or permanent, in any drainage easement,
except as may be approved in writing by the Architectural Committee.
8.05 Blanket Easement. An easement is hereby retained in favor of the
Association over all Lots and the Common Area for the purpose of enforcing the Stone
Forest 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 landsapng, 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.
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ARTICLE IX. 4
MISCELLANEOUS 1
9-01 Term. This Declaration, including all of the covenants, conditions, and 9
restrictions hereof, shall run until June 1, 2031, unless amended as herein provided. 7
After June 1, 2031. this Declaration, including all such covenants, conditions, and
restrictions shall be automatically extended for successive periods of ten (10) years
each, unless amended as provided in Section 9.03 oelow or terminated by a written 1
instrument executed by the Owners of at least three-fourths (3/4) of the Lots within the 0 !
Property then subject to this Declaration, filed of record in the Official Records of Brazos 0
County,Texas. 0
9.02 pissolution. Upon termination of this Declaration in accordance with 7
Section 9.01 above, the Association shall be dissolved. In the event of any such 9
dissolution of the Association, other than incident to a merger or ccrisolidation, the
assets of the Association shall be dedicated to any appropriate public agency tr_ be used
for purposes similar to those of the Association with respect to the Common Areas. In i
the event that such dedication is refused acceptance, such assets shall be granted, !
conveyed and assigned to any nonprofit corporation, association, tryst or other
organization to be devoted to such similar purposes.
I'
6.03 Amendment.
(A) By Declarant. This Declaration may be amended by'the Declarant,acting
alone, until the Transition Date (defined in Section 5.03) No amendme,l 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 acknov'egged by the Secretary of the
I Association,certifying that the Declarant had the requisi',: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 County, ••
Texas, of an instrument executed and acknowledged by the President and Secretary of
the association setting fcrth the amendment and certifying that such amendment has
been approved by Owners entitled to cast at least sixty percent (60%)of the number of
votes entitled to be cast pursuant to Section 5.03 hereof.
9.04 Notices. Any notice permitted or required to be given by this reclaration
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 (3e) 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 rt the address giver. by such
person to the Association for the purpose of service of notices. Such address may be
changed from time to time by notice in writing given by such person to;he Association.
9.05 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 r
.
as restrictive as possible to preserve as much of the original provision as a!towed by law.
The invalidity, illegality or unenforceability of any provision of this Declaration shall not
affect any other term or provision hereof and the terms and provisions hereof shall •
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0746735
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thereafter be construed es II such Invalid. illegal or ur,.M«o..ae term o.p,o,i,,or.had
never been contained herein.
4
1
IN WITNESS WHEREOF. Declarant has exec thbDscy n 9
• as of LL=''day of June.2001. a'0 ed this
•
JOHNSON INVESTMENTS.INC.
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i By: it I,'IA y� 0
Name: ;li;l, �rfl 0
Title: .!1,�.,,. . 0
8
0
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF BRAZOS $
•
The& sw e t was adm edged before me on the
LE�--' 01, by
of. JOHNSON INVay INC..on half id ESTMENTS.
ENT
corporation.
•
A ' Q
Notary ' blit, State of Texas
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t KARrpi
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