Covenants, Conditions and Restrictions

This is the most important document for homeowners and renters to be familiar with.  It outlines the 'good neighbor rules' that we agree to live by in order to keep our neighborhood safe, clean and a great place to live.  Owning or renting property in the neighborhood is complicit agreement to these rules.

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Articles I - III      [PDF, 2.8M; Word, 94Kb]
Articles IV - V      [PDF, 2.0M]
Articles VI - IX     [PDF, 3.2M]
Entire Document [PDF, 7.7M]


Table of Contents

Click on a title to jump to that section below.

Article I. Definitions
Article II. Development of the Property
Article III. General Restrictions

3.01 Construction of Improvements
3.02 Antennae and Signals
3.03 Insurance Rates
3.04 Subdividing
3.05 Signs
3.06 Rubbish and Debris
3.07 Noise
3.08 Lighting
3.09 Nuisance and Lateral Support
3.10 Repair of Improvements
3.11 Alteration or Removal of Improvements
3.12 Roofing Materials
3.13 Solar Equipment
3.14 Driveway
3.15 Tanks
3.16 Underground Utility Lines
3.17 Drainage
3.18 Hazardous Activities
3.19 Mining and Drilling
3.20 Machinery and Equipment
3.21 Temporary Structures
3.22 Unsightly Articles; Vehicles
3.23 Mobile Homes, Travel Trailers
3.24 Fences
3.25 Animals - Household Pets
3.26 Sports Equipment
3.27 Maintenance of Lawns and Plantings
3.28 Landscape Design
3.29 Clearing of Trees
3.30 Construction and Sales Activities
3.31 Mailbox
3.32 Sight Lines
3.33 Compliance with Provisions of William's Court Residential Restrictions
3.34 No Warranty of Enforceability


NOTE: The sections below will be added to this page soon!  These sections can be viewed on the PDF above.

Article IV. Residential Restrictions
4.01 Residential Use
4.02 Outbuildings
4.03 Building Height
4.04 Building Materials: Dwelling Size
4.05 Construction in Place
4.06 Set-back Requirements

Article V. William’s Court Owners Association
5.01 Organization
5.02 Membership
5.03 Voting Rights
5.04 Powers and Authority of the Association
5.05 Roadway Maintenance
5.06 Street Lighting
5.07 Common Areas
5.08 Adoption of Development Agreement with City of College Station
5.09 Indemnification

Article VI. Architectural Committee
6.01 Membership of Architectural Committee
6.02 Action by Architectural Committee
6.03 Advisory Members
6.04 Term
6.05 Declarant’s Rights of Appointment
6.06 Adoption of Rules
6.07 Review of Proposed Construction
6.08 Actions of the Architectural Committee
6.09 No Waiver of future Approvals
6.10 Work in Progress
6.11 Nonliability of Architectural Committee Members
6.12 Address
6.13 Certificate of Compliance
6.14 Failure to Act
6.15 Variances
6.16 Governmental Agency Approval
6.17 Relationship with Association

Article VII. Funds and Assessments
7.01 Assessments
7.02 Maintenance Fund
7.03 Regular Annual Assessments
7.04 Special Assessments
7.05 Owner's Personal Obligation for Payment of Assessments
7.06 Assessment Lien and Foreclosure
7.07 Declarant to Pay Initial Assessments

Article VII. Easements
8.01 Reserved Easements
8.02 Installation and Maintenance
8.03 Surface Areas
8.04 Drainage Easements
8.05 Encroachment Easement
8.06 Blanket Easement

Article IX. Miscellaneous
9.01 Term
9.02 Dissolution
9.03 Amendment
9.04 Notices
9.05 Interpretation
9.06 Exemption of Declarant
9.07 Assignment of Declarant
9.08 Enforcement and Nonwaiver
9.09 Construction
   

AMENDED AND RESTATED Declaration OF
COVENANTS, CONDITIONS AND RESTRICTIONS
WILLIAM'S COURT

THE STATE OF TEXAS  §
                    §
COUNTY
OF BRAZOS    §


WHEREAS, the Declarant did on
October 19, 1990 file that certain Declaration of Covenants, Conditions an Restrictions/Williams Court in Volume 1216, Page 556   of the Official Records of Brazos County, Texas ("First Declaration"), as amended by Amendment Number One to Declaration of Covenants, Conditions and Restrictions/Williams Court, filed December 18, 1990 in Volume 1227, Page 678   of the Official Records of Brazos County, Texas ("Amendment No. One"), to set forth certain protective covenants, conditions, restrictions, liens and charges under which the Property would be conveyed; and

WHEREAS Myrad Real Estate, Inc., a Texas Corporation acting in the capacity of Trustee, hereinafter called the Declarant, is the owner of that real property in Brazos County, Texas, which is more fully described on Exhibit A, attached hereto and incorporated herein by reference (the “Property”); and

WHEREAS, Declarant desires to amend and restate the above First Declaration and Amendment No. One to revise the uniform plan established therein for the improvement, development and sale of the Property for the benefit of the present and future owners of the Property; and

WHEREAS, Declarant is authorized to so amend and restate the First Declaration and Amendment No. One pursuant to Section 9.03(A) of the First Declaration, and the Secretary of the Association acknowledges that as of the date hereof, Declarant holds the requisite number of votes to make such amendment:

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that the First Declaration, as amended by Amendment No. One, is hereby amended, restated and, to the extent inconsistent with the terms hereof, wholly superseded by this Amended Declaration; (ii) 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 (iii) 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.

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      Unless the context otherwise specifies or requires, the following words and phrases when used in this Amended Declaration shall have the meanings hereinafter specified:

    1.01 Amended Declaration. "Amended Declaration" shall mean this instrument as it may be amended from time to time.

    1.02 Amendment No. One. "Amendment No. One" shall mean that certain Amendment Number One to Declaration of Covenants, Conditions and filed December, 1990 in Volume 1227, Page 678 of the Official Records of Brazos County, Texas.

    1.03 Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to this Amended Declaration to review and approve plans for the construction of Improvements on the Property.

    1.04 Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and regulations adopted by the Architectural Committee, as the same may be amended from time to time.

    1.05 Articles. "Articles" shall mean the Articles of Incorporation of William's Court Homeowners Association, Inc., as that instrument may be amended from time to time, which instrument is or shall be filed in the office of the Secretary of State of the State of Texas.

    1.06 Assessment. "Assessment" or "Assessments" shall mean such assessments as may be levied by the Association under the terms and provisions of this Amended Declaration.


    1.07 Association. "Association" shall mean William's Court Homeowners Association, Inc., a Texas non-profit corporation.

    1.08 Board. "Board" shall mean the Board of Directors of the Association. Board members may, but need not, be Members of the Association.

    1.09. Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board, and as from time to time amended.


    1.10 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 maintenance and operation, including, but not limited to, easements, roads, roadways, rights-of-way, parkways, median strips, sidewalks, parks, trails, paths, ponds, creeks and lakes within the Property.

    1.11 Declarant. "Declarant" shall mean Myrad Real Estate, Inc., Trustee, its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Myrad Real Estate, Inc., Trustee 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.

    1.12 First Declaration. "First Declaration” shall mean that certain Declaration of Covenants, Conditions and Restrictions/William's Court filed October 19, 1990 in Volume 1216, Page 556 of the Official Records of Brazos County, Texas.


    1.13 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.

    1.14 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a recorded plat of the Property, together with all Improvements located thereon.

    1.15 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding membership rights in the Association.

    1.16 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.

    1.17 Mortgagee. "Mortgagee" or “Mortgagees” shall mean the holder or holders of any Mortgage or Mortgages.

    1.18 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.

    1.19 Person. "Person" or "Persons” shall mean any individual, individuals, entity or entities having the legal right hold title to real property.

    1.20 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including, but not limited to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.

    1.21 William's Court Residential Restrictions. "William's Court Residential Restrictions" shall mean this Amended Declaration, as the same may be amended from time to time, together with the William's Court Rules, Architectural Committee Rules and the Articles and Bylaws of the Association as the same are in effect from time to time.

    1.22 William's Court Rules. “William's Court Rules” shall mean the rules and regulations adopted by the Board as the same may be amended from time to time.

    1.23 William's Estates. “William's Estates” shall mean a portion of William's Court separately marketed by such name, and generally distinguished from the remainder of the Property by Lot size, as indicated on the attached Exhibit B. William's Estates shall be subject to the William's Court Residential Restrictions to the same extent as the remainder of the Property, which shall be marketed under the name William's Court.

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ARTICLE II
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 Amended Declaration.

    2.02 Addition of Land. Declarant may, at any time and from time to time, add any other lands to the Property, and upon such addition, this Amended 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 Amended Declaration shall be the same with respect to the added land as they are with respect to the lands originally covered by this Amended Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Brazos County, Texas, a notice of addition of land containing the following provisions:

(A)   A reference to this Amended Declaration, which reference shall state the book and page numbers of the Official Records of Brazos County wherein this Amended Declaration is recorded;

(B)   A statement that the provisions of this Amended Declaration shall apply to the added land; 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 from the Property, and upon such withdrawal, this Amended 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 Amended Declaration, which reference shall state the book and page numbers of the Official Records of Brazos County wherein this Amended Declaration is recorded;

(B)            A statement that the provisions of this Amended Declaration shall no longer apply to the withdrawn land; and

(C)            A legal description of the withdrawn land.

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ARTICLE III
GENERAL RESTRICTIONS

(A)    Except as provided in Section 3.24(B) below, no fence, wall, or hedge shall be built or maintained forward of the front wall line of the main structure, not including decorative walls or fences which are part of the architectural design of the main structure, and which are not to be built or maintained nearer than the building setback line of any lot. An exception shall be made in the case of retaining walls not to exceed twenty-four inches (24") above the ground. Notwithstanding the foregoing, the Architectural Committee is 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 wall 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)    Subject only to Section 3.32 below, all Owners of lots fronting Rock Prairie Road (other than the Declarant) shall be required to build a shadow-box (also known as a board-on-board) fence, in standard board dimensions, six (6')feet in height, made of standard grade cedar along the property 1ine fronting such road. The fence must be located so that the outside edge comes exactly four (4") inches in front of the transformer boxes located on such lots, and the dimensions and plumb orientation of the fence must be precisely built in a good and workmanlike manner, so that the combination of fences built along Rock Prairie Road will appear to be one consistent structure when all such fences have been built. The Owner of each such lot must complete such fence construction by the earlier of (i) ninety (90) days after completion of a similar fence on an adjacent Lot (except that the purchaser of a Lot adjacent to another Lot where such a fence has already been built will in any event be given ninety (90) days in which to construct such a fence), or (ii) one hundred eighty (l80) days after completion of the home on such Owner's lot. Completion of the home shall be defined as the date of issuance of the Certificate of Occupancy for such home. Any fence built in accordance with the terms of this Section shall thereafter be maintained by the Owner of the lot upon which it is situated.(B) Subject only to Section 3.32 below, all Owners of lots fronting Rock Prairie Road (other than the Declarant) shall be required to build a shadow-box (also known as a board-on-board) fence, in standard board dimensions, six (6')feet in height, made of standard grade cedar along the property 1ine fronting such road. The fence must be located so that the outside edge comes exactly four (4") inches in front of the transformer boxes located on such lots, and the dimensions and plumb orientation of the fence must be precisely built in a good and workmanlike manner, so that the combination of fences built along Rock Prairie Road will appear to be one consistent structure when all such fences have been built. The Owner of each such lot must complete such fence construction by the earlier of (i) ninety (90) days after completion of a similar fence on an adjacent Lot (except that the purchaser of a Lot adjacent to another Lot where such a fence has already been built will in any event be given ninety (90) days in which to construct such a fence), or (ii) one hundred eighty (l80) days after completion of the home on such Owner's lot. Completion of the home shall be defined as the date of issuance of the Certificate of Occupancy for such home. Any fence built in accordance with the terms of this Section shall thereafter be maintained by the Owner of the lot upon which it is situated.

   (A) Wherever possible, save and incorporate into the Plans and Specifications existing trees with 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 the trees' dripline.

   (B) Maintain or enhance, wherever possible, existing vegetation within drainage easements to prevent erosion, siltation, or impediment of runoff augmented by development.(B) Maintain or enhance, wherever possible, existing vegetation within drainage easements to prevent erosion, siltation, or impediment of runoff augmented by development.

   (C) Install live, growing sod covering the front and side yards, and an equivalent substitute which achieves as satisfactory a ground cover in approximately the same period of lime in the backyard, all such ground cover to be indigenous to the area, and maintained in a healthy and growing condition.(C) Install live, growing sod covering the front and side yards, and an equivalent substitute which achieves as satisfactory a ground cover in approximately the same period of lime in the backyard, all such ground cover to be indigenous to the area, and maintained in a healthy and growing condition.

   (D) Upon the initial construction of a residence on any Lot, include at an expense of not less than $500, which sum shall be held in escrow by Declarant upon the sale of such Lot, growing and healthy shrubs, bushes, vegetation and trees on the Lot, including without limitation trees having an aggregate caliper of not less than four inches, so as to achieve an aesthetically pleasing landscaped effect.(D) Upon the initial construction of a residence on any Lot, include at an expense of not less than $500, which sum shall be held in escrow by Declarant upon the sale of such Lot, growing and healthy shrubs, bushes, vegetation and trees on the Lot, including without limitation trees having an aggregate caliper of not less than four inches, so as to achieve an aesthetically pleasing landscaped effect.


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   3.29 Clearing of Trees. Prior approval from the Architectural Committee shall be required to cut down, clear, or kill any trees with trunk diameters of four (4) or more inches.

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   3.30 Construction and Sales Activities. Notwithstanding any provision herein to the contrary, this Amended Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (inc1uding 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 Amended 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 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.3.30 Construction and Sales Activities. Notwithstanding any provision herein to the contrary, this Amended Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (inc1uding 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 Amended 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 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.

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   3.31 Mailbox. Mailboxes shall be erected and maintained on each Lot upon which a residence is situated, and shall be fixed on masonry stanchions (columns), approved by the Architectural Committee. No metal post stands shall be permitted. Each mailbox shall be new when installed, constructed of durable steel or aluminum, and of a size and shape conforming to postal authority standards for single residential postal depositories. Mailboxes shall be located on the curb in accordance with postal regulations.3.31 Mailbox. Mailboxes shall be erected and maintained on each Lot upon which a residence is situated, and shall be fixed on masonry stanchions (columns), approved by the Architectural Committee. No metal post stands shall be permitted. Each mailbox shall be new when installed, constructed of durable steel or aluminum, and of a size and shape conforming to postal authority standards for single residential postal depositories. Mailboxes shall be located on the curb in accordance with postal regulations.

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   3.32 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs lines from streets on the Property shall be placed or permitted to remain on any corner Lot within the area defined by a line 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 Committee. Measurement shill be by chord, not by arc. No tree shall be permitted to remain within such areas, unless the foliage is maintained at sufficient to prevent obstruction of such sight lines.3.32 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs lines from streets on the Property shall be placed or permitted to remain on any corner Lot within the area defined by a line 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 Committee. Measurement shill be by chord, not by arc. No tree shall be permitted to remain within such areas, unless the foliage is maintained at sufficient to prevent obstruction of such sight lines.

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    3.33 Compliance with Provisions of William's Court Residential Restrictions. Each Owner shall comply strictly with the provisions of William's Court Residential Restrictions as the same may be amended from time to time. Failure to comply with any of the William's Court Residential Restrictions shall constitute a violation of this Amended Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Board on behalf of the Association or by any 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.3.33 Compliance with Provisions of William's Court Residential Restrictions. Each Owner shall comply strictly with the provisions of William's Court Residential Restrictions as the same may be amended from time to time. Failure to comply with any of the William's Court Residential Restrictions shall constitute a violation of this Amended Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Board on behalf of the Association or by any 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.

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    3.34 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 Amended Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a lot in reliance upon one or more 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.

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    3.25 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept or maintained on the Property. No domestic household pet shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets shall be allowed on the Property other than on the Lot of its Owner, except when confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operation shall be allowed. No domestic household pet shall be allowed to run at large and all of such pets shall be kept within enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Specifications approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property. No more than three (3) adult dogs and three (3) 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.3.25 Animals - Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept or maintained on the Property. No domestic household pet shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets shall be allowed on the Property other than on the Lot of its Owner, except when confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operation shall be allowed. No domestic household pet shall be allowed to run at large and all of such pets shall be kept within enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Specifications approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property. No more than three (3) adult dogs and three (3) 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.

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   3.26 Sports Equipment. No basketball goals or backboards or any other similar sports equipment of either a permanent or temporary nature shall be placed within thirty feet of the front property line of any Lot without the prior written consent of the Architectural Committee.3.26 Sports Equipment. No basketball goals or backboards or any other similar sports equipment of either a permanent or temporary nature shall be placed within thirty feet of the front property line of any Lot without the prior written consent of the Architectural Committee.

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   3.27 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 3.29 below, trees, shrubs, vines and plants that die shall be promptly removed. Declarant, the Association and the Architectural Committee shall have the right at any reasonable time after not less than ten days notice to Owner and an opportunity to cure any violation of this provision, 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.

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   3.28 Landscape Design. All landscaping shall be designed so as to protect and promote, as far as practicable, the natural local landscape environment through use of native materials, natural drainage, indigenous plant selection and site design. All landscaping designs shall:3.28 Landscape Design. All landscaping shall be designed so as to protect and promote, as far as practicable, the natural local landscape environment through use of native materials, natural drainage, indigenous plant selection and site design. All landscaping designs shall:

All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions:

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    3.01        Construction of Improvements. No Improvements shall hereafter be con­structed upon any of the Property without the prior written approval of the Ar­chitectural Committee.

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    3.02        Antennae and Signals. No antenna or other device for the transmission or reception of television signals, radio signals, or any other form of electro­magnetic radiation shall be erected, used, or maintained on any lot, whether attached to a building or structure or otherwise, without the prior written approval of the Architectural Committee, except that the Declarant or the Association may erect a common television antenna, cable system or similar reception device, provided same shall not rise more than five feet above the roofline of any structure. No radio signals, television signals or any other form of electromagnetic radiation shall originate from any Lot so as to unreasonably interfere with the reception of television or radio signals on any other Lot.

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    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.

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    3.04        Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the Architectural Committee.

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    3.05        Signs. No sign of any kind shall be displayed to the public view on the Property without the prior written approval of the Architectural Committee, except for signs which are part of Declarant's overall marketing plan for the Property. The Architectural Committee may permit signs of any type advertising a portion of the Property for sale or lease or it may set standards for the same.

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    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, or detrimental to any other property or to its occupants. Refuse, garbage and trash shall be kept at all times in containers and such containers shall be kept within enclosed structures or appropriately screened from view.

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    3.07        Noise. No noise or other nuisance sha11 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.

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    3.08        Lighting. No exterior lighting of any sort shall be installed or maintained on a Lot where the light source is offensive or a nuisance to neighboring property, except for reasonable security or landscape lighting that has the approval of the Architectural Committee.

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    3.09        Nuisance and Lateral Support. No noxious or offensive activity or work shall be conducted upon any Lot so as to impair the structural soundness or integrity of any Improvement of any other Lot, or which may be or may become an annoyance or nuisance to the neighborhood.

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    3.10        Repair of Improvements. All 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.

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    3.11        Alteration or Removal of Improvements. Exclusive of normal maintenance, any construction or removal in connection with any Improvement which in any way alters the exterior appearance of said Improvement shall be performed only with the prior written of the Architectural Committee.

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    3.12        Roofing Materials. The surface of all roofs or principal and secondary structures shall be wood shingle, 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.

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    3.13        Solar Equipment. In the event an Owner desires to use solar panels or other solar equipment in connection with the use of any Lot, the location and installation design thereof shall be submitted to the Architectural Committee and approval of such design, including the aesthetics thereof, shall be required before construction may begin.

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    3.14        Driveway. The Architectural Committee shall have the right to impose limitations on driveway design, including materials, aprons, location and point of contact with dedicated roads, streets or private driveways within the Property.

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    3.15        Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single family residential structure, including tanks for storage of fuel, water, oil or LPG and including swimming pool filter tanks. (No elevated tanks of any kind shall be erected, placed or permitted on any lot.) All tanks shall be screened so as not to be visible from any other portion of the Property.

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    3.16        Underground Utility Lines. No utility lines, including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on Improvements as approved in writing by the Architectural Committee, except what has already been constructed by the City of College Station prior to August, 1990; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of Improvements which have been previously approved in writing by the Architectural Committee. The installation method, including but not limited to location, type of installation equipment, trenching method and other aspects of installation for both temporary and permanent utilities, shall be subject to review and approval by the Architectural Committee.

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    3.17        Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for property drainage and approved by the Architectural Committee.

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    3.18        Hazardous Activities. No activities shall be conducted on the Property and no Improvements shall be constructed on the Property that are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no 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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    3.19        Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, or permitted upon any Lot.

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    3.20        Machinery and Equipment. Without the approval of the Association or Declarant, no machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot or Common Area except such machinery or equipment as is usual and customary in Brazos County, Texas, in connection with the use, maintenance, or construction of a private residence or appurtenant structures or recreational facilities maintained by the Association; provided however, such machinery or equipment may be placed, operated or maintained by any governmental or quasi-governmental agency, or by a public utility, in the performance of its legitimate functions.

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    3.21        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 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 construction, which authorization, if given, shall include the nature, size, duration and location of such structure or structures.

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    3.22        Unsightly Articles; Vehicles. No trailer, recreational vehicle, tent, boat, or stripped down, wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored, or maintained on any portion of the driveway or front yard in front of the building line of the permanent structure and same shall be kept, parked, stored or maintained on other portions of a Lot only within an enclosed structure or a screened area which prevents the view thereof from adjacent Lots or streets. No dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment shall be permitted in any driveway or yard adjacent to a street.

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    3.23 Mobile Homes, Travel Trailers. No mobile homes shall be parked or placed on any lot at any time, and no travel trailers shall be parked on or near any lot so as to be visible from adjoining property or public or private thoroughfares for more than forty-eight (48) hours.

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   3.24 Fences.

ARTICLE I
DEFINITIONS