Ela to F.J. Dior DT C. Tite Company Curege Station, Texas 77841 Gi Unofficial Copy Unofficial Copy Unofficial Copy cia Copy Unofficial Copy AM TRADITIONS Brazos County, Texas Unoffi Unofficial Copy Unofficial Copy Unofficial Copy DECLARATION OF CONDOMINIUM FOR HIDDEN BRIDGE CONDOMINIUM Unofficial Copy Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unofficial Copy Doc Bk 01120916 OR 10689 Vol وP 207 Unofficial Copy Unofficial Copy Ung Unofficial Copy Unofficial Copy Un jal Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unof ARTICLE I DEFINITIONS.
ARTICLE II UNITS ARTICLE TABLE OF CONTENTS LIMITED COMMON ELEMENTS Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ARTICK IV ALLOCATED INTERESTS & EXPENSES ARTICLE V DEVELOPMENT COPARTICLE VI THE GOLF CLUB ARTICLE VII COMMUNITY CONTROL PROGRAM ARTICLE VIII PROPERTY RIGHTS.
ARTICLE IX MAINTENANCE.
ARTICLE X INSURANCE AND CASUALTY LOSSES 2 5 7 ARBfficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ung 11 12 13 16 18 21 ARTICLE XI TAXES AND UTWTIES ARTICLE XII CONDE Cia CORTIES TION ARTICLE XIII ADMINNOSTRATION ARTICLE XIV ASSESSMENTS FOR COMMON EXPENSES.
ARTICLE Arnoticia CONDOMINIUM ASSOCIATION'S LIEN FOR ARTICLE XVI USE RESTRICTIONS MCLE XVII RULE MAKING Unofficial Copy Unofficial Copy Ur ARTICLE XVIII AMENDMENT ARTICLE XIXLIMITATION OF LIABILITY ARTICLE XX MEDIATION AND ARTICLE XXI GENERAL PROVISIONS 21 24 24 ESSMENTS 28 30 Unofficial Copy Unofficial Copy Unert 33 34 35 36 cial Copy Unofficial Copy Unofficial Copy X jal Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Und tit cs x 3 3 ish vie BR neg?
& & . x Ro & —_- DECLARATION OF CONDOMINIWE Ss FOR s S HIDDEN BRIDGE CONDO.
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ial Copy X jal Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Und tit cs x 3 3 ish vie BR neg?
& & . x Ro & —_- DECLARATION OF CONDOMINIWE Ss FOR s S HIDDEN BRIDGE CONDO.
RX x x TY#8 DECLARATION QF CONDOMINIUM RG® HIDDEN BRIDGE CONDOMINIUM ("Declagafion") is made on this day of May, 20 Igy KW TAP Condominiums, LLC, a Texas | oe limitg@Mtiability company (the "Declarant"). é d ° S WITNBS SETH: Ss x K... .
Vo WHEREAS, Declarant is the owg&/n fee simple of certain real property eater Brazos . oe County, Texas, as more particularly descrified in Exhibit "A" ("Initial Property"), and De t desires Xe to subject the Initial Property to tha$Pfovisions of this Declaration and to providage flexible and Ss reasonable method for the administrgn and maintenance of the Initial Property; and © WHEREAS, the Initial Property is benefited by that certain Access and Utility Easement dated February 20, 2012, and recorded at Volume 10545, Page 93 of the Official Records of Brazos County, Texas, a copy of which is attached hereto and incorporated herein as Exhibit “A-1” (“Access Easement”); and g g ° ° CO WHEREAS, as, breinafter provided in this Declaration, Declarantypss retained and reserved the right to submit edcitigg@ real property ("Additional Property") to the aeons of this Declaration, at a later time and from tape to time, on such terms and conditions as Declegant may specify; and NOW, SPREFORE, Declarant hereby declares that Nhitia Property and any Additional S Property, to with all easements, rights, and aparece, and any Improvements or Units 3 constructe: to be constructed thereon (collectively, the roperty”) shall be, except as otherwise & provide @ this Declaration, submitted to the condomi form of ownership and use pursuant to S
Units 3 constructe: to be constructed thereon (collectively, the roperty”) shall be, except as otherwise & provide @ this Declaration, submitted to the condomi form of ownership and use pursuant to S comeyed, leased, occupied and used subject to the ¥éllowing easements, restrictions, covenants, charges, signs and conditions which are for the purpose ofyrotecting the value and desirability of and whigh shall (Srouch and concern and run with title to the , and which shall be binding on all parties us g any : > right, title or interest in the Property or Bey portion thereof, and their respective heirs,s CCESSOTS, WO successors-in-title and assigns, and shall jtre to the benefit of each Owner thereof and w! specifically & provided herein, shall benefit such r parties or properties as Declarant shall or hereafter Ss determine. Without limiting the fogging, no property, real, personal or mixed, n cated within or upon the Property shall for any purposes be deemed part of the Condominium of be subject to the jurisdiction of the Condominium Association, the operation and effect of the Condominium Act, or any rules or regulations promulgated pursuant thereto, unless expressly provided. The name by which this condominium is to be identified jg HIDDEN BRIDGE CONDOMINIUM. 3 S °o °o . Re S Oo Ae & & Ss s S se se se & Oo ve § & § S S s Se SR RX ePSTeLEenc att pe PAC ened en v VY ‘ Rite See A Tian R EES si ae i Teer nce eee apne OES Ga \ S x g eo ro boc Bk Vol Fs BD . > WAlSU16 UR iN6SyY in nO 2 : S ARTICLE I & i > DEFINITIONS S OS Sy
e SR RX ePSTeLEenc att pe PAC ened en v VY ‘ Rite See A Tian R EES si ae i Teer nce eee apne OES Ga \ S x g eo ro boc Bk Vol Fs BD . > WAlSU16 UR iN6SyY in nO 2 : S ARTICLE I & i > DEFINITIONS S OS Sy require, the @ftiowing words shall have all the following meagfa s and all definitions shall be applicable SX o the singpfar an plural forms of such terms O > “© Oo & (a) “Additional Property" shall 3 and refer to the real property described i se Exhibit “B” attached hereto, which Declagyit may subject to the terms of this Declaratio, RY amendment hereto recorded in the Publi¢ Records of Brazos County, Texas. Decl: may exercise development rights over the percnnal Property as more fully described in SectisQ .02.
Ss in accordance with Article Ra of this Declaration for the purposes and in se manner herein provided. S (c) "Association" or “Condominium Association” shall mean and refer to HIDDEN BRIDGE CONDOMINIUM ASSOCIATION, INC., a Texas nonprofit corporation, its successors and assigns. Q g oO 9 (d) % Bard" or "Board of Directors" means the board otirectors and the members of the board of tors, from time to time, of the Condominium Rese iation.
o + (> “Building” collectively, the buildings locaton the Initial Property in which the S Units ag& located. RY 9 9 > (H "Bylaws" mean the Bylaws of the $Pidominium Association, as amended from VY Qine to time. ey 7 ve & es & s (g) “Certificate_of FormationSS% all mean the Certificate of Formation of. Ri
(H "Bylaws" mean the Bylaws of the $Pidominium Association, as amended from VY Qine to time. ey 7 ve & es & s (g) “Certificate_of FormationSS% all mean the Certificate of Formation of. Ri Condominium Association field with the Sécretary of State of Texas, as amended from tinte to \ 3 time. Q g . oe (h) “Common Blemest means and includes all of the General Co Elements Xe and the Limited Common Elemg s. & Ss incurred by the Condominium Association on behalf of the Units, together with all funds lawfully assessed for the creation or maintenance of reserves, if any, pursuant to the provisions of this Declaration.
(j) "C on Surplus" means the excess of all reeftbis or revenues of the Condominium iation collected on behalf of the Condominiugncluding, but not limited to, Assessments geet the Common Expenses. WO 9 ° ase "Community Control Program" shall megyeany electronic surveillance and/or S monitagng system intended to control access, provide a service, and/or enhance the welfare of operty. THE PROVISION OF A CO CONTROL PROGRAM SYSTEM ay (RNELUDING ANY TYPE OF GATEHOUSE) L IN NO MANNER CONSTITUTE A VY ‘ SPARRANTY OR REPRESENTATION AS_ we THE PROVISION OF OR LEVEL OF oe 29 * Ss sr & & eghininntatiresenecnneicii sen ~ oN a ay se OG OG oe oP niizasy4 fh tet Fs SECURITY SVITHIN THE PROPERTY. DECL T, THE CONDOMINGNEHS? 211 ASSOCIAQJON AND THE MANAGING AGENT DO NQ@GUARANTEE OR WARRANT, EXPRESSPY OR BY IMPLICATION, THE MERCHAN ABILITY OF FITNESS FOR USE OF COMMUNITY CONTROL PROGRAM SY&$EM, OR THAT ANY SUCH SYSTEM g
S? 211 ASSOCIAQJON AND THE MANAGING AGENT DO NQ@GUARANTEE OR WARRANT, EXPRESSPY OR BY IMPLICATION, THE MERCHAN ABILITY OF FITNESS FOR USE OF COMMUNITY CONTROL PROGRAM SY&$EM, OR THAT ANY SUCH SYSTEM g (ORD OF ITS COMPONENTS OR REG%STED SERVICES) WILL PREVENT (9 ISFRUSIONS, FIRES, OR OTHER OCCURRESCES, REGARDLESS OF WHETHER OR > ©THE SAME. EACH AND EVERY O AND THE OCCUPANT OF EACH UN © ACKNOWLEDGES THAT DECLARANS THE CONDOMINIUM ASSOCIATION, ‘THE MANAGING AGENT, THEIR EMPLOYEES, AGENTS, MANAGERS, DIRECXORS, RX AND OFFICERS, ARE NOT INSURSRS OF OWNERS OR UNITS, OR THE PERSONAL VY PROPERTY LOCATED WITHYY UNITS. DECLARANT, THE CO Lo ASSOCIATION AND THE MANAGING AGENT WILL NOT BE RESPQ@SIBLE OR & LIABLE FOR LOSSES, INJUIG®S, OR DEATHS RESULTING FROM ANY SQCH EVENTS Ss eeMOT THE COMMUNITY CONTROL PRO! SYSTEM IS DESIGNED TO cr d) “Condomintim” shall mean HIDDEN BRIDGE CONDOMINIUM, as created by this Declaration.
(m) “Condgqminium Documents” shall mean this Declaration, and Certificate of Formation and Byla' Sf the Condominium Association, all as or ney or hereafter amended, modified or supplefe ted. WV “B® 2 ey SS (n) “Condominium Act” shall mean the Uniform GStdominium Act (Chapter 82 of the Texas Reiperty Code) as it exists on the date hereof and ae may be hereafter renumbered.
Xp) "Declarant" shall mean and refer to RX TAP Condominiums, LLC, a Texas limg@iability company, and its successors and assign: re N N ~ ‘ e (p) "Declaration" shall mean and.sefer to this Declaration of Condominium for. ae Si Hidden Bridge Condominium, and all amend and supplements thereof filed for record in se Public Records of Brazos County, Texas. s s x (q) “General Common Elgg” shall mean those Common Elements whi not V Limited Common Elements. Gen ommon Elements may be added to the P; by an
record in se Public Records of Brazos County, Texas. s s x (q) “General Common Elgg” shall mean those Common Elements whi not V Limited Common Elements. Gen ommon Elements may be added to the P; by an < to the Property, General nate Elements shall not include any portion ; e Golf Club Ss Property. Ss Ss (r) “Golf Club” or “Club” shall mean and refer to the private golf club created by Golf Club Owner to be developed and operated on the Golf Club Property.
(s) "Golf d4ub Owner" shall mean Traditions Club by Grelrose, LLC, a Texas limited liability soe y, Or any successor-in-title to the Golf Club Paperty.
OD 2D ® Golf Club Plan" shall mean and refer to the Pp Sr plans for membership in the Golf Club ay be adopted from time to time by the Golf Owner.
S S imp efements adjacent to or in the vicinity of the Property which are known as the Traditions 3 including, without limitation, the eighteen Wy hole golf course, practice areas, driving OG CR s . eMiee, pitching and putting area, practice bunkers? and the proposed tennis courts, swimming , oe s Ss s & s& age Aig se ee eee antennas Birt Ra RIE SRE pS BRA seh a ON EES .
anf / / er SX SX : \N Ot BK gj hey oP ., & i120916 OR wosgo 43, pool, chat lakes, and such other properties, improvemer$and related amenities owned or leased by olf Club Owner in connection therewith, an h constructed, acquired, leased or < designate ‘as “Golf Club Property” by the Golf Club Owne® S \ SX (v) "Golf Club Users" shall mean tie Tiotf Club Owner and its employees, co igependent contractors, agents and all members, gees and invitees of the Golf Club Owner. . > ‘ ° WO
Golf Club Owne® S \ SX (v) "Golf Club Users" shall mean tie Tiotf Club Owner and its employees, co igependent contractors, agents and all members, gees and invitees of the Golf Club Owner. . > ‘ ° WO & (w) “Improvement” shall mean ai’ improvements erected or to be erected on ie RY Property, but excluding all public or pgivate (e.g. cable television and/or other receiving or transmitting lines, antennae or equi fn t, including, without limitation, all wires, cafes and equipment comprising those systemeh-tlity installations therein or thereon. VY ° > ng oO Oo ° & (x) “Limited Contin Elements” mean those portions of the Com: Elements the Ss use of which is reserved it exclusive use of a certain Unit or certain Uni the exclusion of other Units, as specified inthis Declaration, and/or shown on the Plan attacited hereto as Exhibit “C” and incorporated herein by this reference. References herein to Common Elements also shall include all Limited Common Elements unless the context shall otherwise require.
“Mapping Agent” shall have the meaning set for@ in Article IX of this N e > (z) < Mortgage" shall mean and refer to a mortage, security deed, deed of trust, installme t find sales contract, or other similar security@nstrument granting, creating, or conveyin®: lien upon, a security interest in, or a security tiN2 to a Unit. Ss Declaration.
A SF (aa) "Mortgagee" shall mean and refer togtsholder of a Mortgage on a Unit. co NN ~ ~D ‘ ‘ ra (bb) “Occupant” shall mean and refs y any Person, including, without limitation, any. oe Owner or any guest, invitee, lessee, tenantger family member of an Owner, occupying ° to se otherwise using a Unit. Ss se
pant” shall mean and refs y any Person, including, without limitation, any. oe Owner or any guest, invitee, lessee, tenantger family member of an Owner, occupying ° to se otherwise using a Unit. Ss se (cc) “Owner” or “Unit oust’ or “Owner of a Unit” shall mean and refer iSdne or oO more Persons who hold the record tf to any Unit, but excluding in all cases any MS holding > ‘a K o : Oo Ss _ (dd) "Person" she? mean and refer to a natural person, corpoggion, partnership, limited liability company, mSociation, trust, or other legal entity, or any cont@hiation thereof.
(ee) “Plan” shall mean the attached survey of the land and plot plan locating the Improvements thereon and identifying each Unit, the General Common Elements and the Limited Common Elements, their relative locations and approximate dimegfSions, attached hereto as Exhibit “C”. Th€Mocations, dimensions, descriptions, identificagiPh, and numbering of the respective Units @uall be as described in Exhibit “C” and any subsgyuent amendments thereto. If construction gee portion of the Unit is not substantially pleted as of the date of this Declaration.@hien upon: substantial completion of such portioypdf the Unit, this Declaration shall : the Cagdominium Act.
we e SX nO oO .O § § § Ss Ss s R ge o & S S ee Se , Bor Bk Vg] + (ff) "Plat" shall mean any plat of any portion of thSroperty, which is recorded in the Public Reagts of Brazos County, Texas, as the same may be@mended from time to time.
kee) “Property” means all of the land, Unitg38ommon Elements, Improvements, and x
Sroperty, which is recorded in the Public Reagts of Brazos County, Texas, as the same may be@mended from time to time.
kee) “Property” means all of the land, Unitg38ommon Elements, Improvements, and x otheSroperty described in Exhibit “A” attached hegho (the “Initial Property”), together with all 1© e land, Units, Common Elements, Improvem@rts, and other property described in Exhibit Ro °o s (hh) “Repair or Reconstructions used in Article X, means repairing or restoringhe 3 damaged property to substantially the Sarge condition in which it existed prior to the fire omer casualty.
SF ualty Rey e . oe (ii) “Structure” meagyrall foundations, footings, columns, flat sla! <Rheer walls, & girders, support beams, post ion cables or rods, and including any and al&ther structural s components that support, upd, or are a part of the Building or other Improygwhents.
> (ij) “Systems” shall mean all fixtures, utilities, equipment, pipes, lines, wires, computer cables, conduits, circuits, junction boxes, hangers, pull boxes, terminal points, electronic devices, air,compressors, air handlers, chillers and othen systems used in the production, heating, geting and/or transmission of air, water, gas, € city, communications, waste water, sewageraudio and video signals and other utility services? including the main switch gear conduits, pee ing chases and mechanical shafts on the Propp@y.
O° “Taking” means the taking or threat of takigapit all or a portion of the Property for any lic, or quasi-public, use by eminent domdai#i proceedings or otherwise, by a gove ntal authority or by an action in the nature o inent domain (whether permanent or
or a portion of the Property for any lic, or quasi-public, use by eminent domdai#i proceedings or otherwise, by a gove ntal authority or by an action in the nature o inent domain (whether permanent or te ) of the sale or other transfer of the Property @ ieu thereof. co ‘ & (ll) “Turnover” or “Turnover Date” ‘if mean the first of the following to occur: (iO Sihe date that is 120 days after seventy-five Ss Owners other than Declarant; or (ii) the s remove directors and officers of the Association by an express amendment to this Declaration nt (75%) of the Units have been conveyed to inder by Declarant of the authority to appoint yd A & executed and recorded by Declarant. & Se eS (mm) “Unit” shall meag physical part of the Condominium that is, Pvcated for © windows, and doors of a Unjtdepicted on the Plans, and includes (a) the finis terials, fixtures, S and appliances contained t¥the Unit; (b) all Systems which exclusively e such Unit, but excludes (i) Systems which serve more than one Unit, and (ii) any portion of the Structure, all as subject to and further described in Section 82.052 of the Act, and (c) any balcony or patio appurtenant to a Unit. The term Unit is intended to have the same meaning as the term “Unit” as used in the Condominig#? Act. Q eo eo N N @ ARTICLE . e & UNITS < °o oO 2.01 DigS ion of Property. The Property is hereby dividagsinto fee simple estates composed of separately desiggated Units and each Unit’s undivided interest in and to the Common Elements. Each Unit, together FR its undivided interest in the Common Elemeg®, is for all purposes a separate parcel of x
ately desiggated Units and each Unit’s undivided interest in and to the Common Elements. Each Unit, together FR its undivided interest in the Common Elemeg®, is for all purposes a separate parcel of x and estate heal property. The separate parcels of and estate©in real property designated hereby shall be Ne OD °~& Ss ~O Oo CO & & & & IO > S Ss Ss R R R ° co oo Beet sbteaieray Awd Sy ocaaan eRe ci ies me ee th A AE RR EN SSRIS RH src te RANE ADEN ian ES BS: Zin why ~ apt A tan SOFIE NAIC PRES HO A MS e, “~ awe at a S&F S&F O ‘ created on the date of§ling of this Declaration in the Condominium RgSords and shall continue until this Declaration is rev or terminated in the manner provided in this Ree aration.
2.02 gNdentification of Units. The minimum initial ngghber of Units in the Condominium shall be thirteen «8) and the maximum number of Units shall be fo five (45). The identification number for each Uniggs shown on the Plans or Plat, or both, depicted igexhibit SC”.
WO & 03 Common Elements Appurtenant. re shall pass with each Unit as appurtenang® Hao: (a) an undivided share in the Common Eledénts and Common Surplus; (b) the right to use ich sRortion of the Common Elements as may be prey’ ided in this Declaration; (c) an exclusive easerggnt for 9° N Lo Ss co N Lo ge e use of the airspace occupied by the Unit a Rexists at any particular time and as the Unit m Orwfully be altered or reconstructed from time to timed) membership in the Condominium Associagon with the full voting rights appurtenant thereto; ande@) other appurtenances as may be provided by thisDeclaration.
2.04 Unit Boundaries. De ccnsiares of Units are located as shown on ans and Plat and shall be the interior walls, floors, ceilings of a Unit and the air space so encompassed, excepting the
eclaration.
2.04 Unit Boundaries. De ccnsiares of Units are located as shown on ans and Plat and shall be the interior walls, floors, ceilings of a Unit and the air space so encompassed, excepting the Common Elements. It is expressly agreed, and each and every purchaser of a Unit, his heirs, executors, administrators, assigns, successors and grantees hereby agree, that the square footage, size and dimensions of each Unit and any Limited Common Elements appurtenant thereto, as set out and shown on the Plans and Plat, are sro and are shown for descriptive purposes o 3 and that the Declarant does not warrant, represent QF guarantee that any Unit or any Limited Commé@pElement actually contains the area, square footage imensions shown on the Plans and Plat. Each-g@irchaser and Owner of a Unit or interest therein full opportunity (or will have had prior to cl aug on the purchase thereof) and is under a duty toi ct and examine the Unit and any appurtenant ited Common Element purchased by him prior to 8 purchase thereof and agrees that the Unit, gether with any Limited Common Element, is purghased as actually and physically existing. Eagh purchaser of a Unit hereby expressly waives any eon or demand which he may have against the larant or any other person whomsoever, on accoun df any difference, shortage or discrepancy befgyéen the Unit and any appurtenant Limited CommpgElement as actually and physically existing ap they are shown on the Plans and Plat. It is.
specially agreed that in interpreting deeds, mortgages, deeds of trust and other instruments for puafese whatsoever or in connection with any ma the existing physical boundaries of the Unit Unit reconstructed in substantial accordance With the original plans thereof shall be conclusiVely
ents for puafese whatsoever or in connection with any ma the existing physical boundaries of the Unit Unit reconstructed in substantial accordance With the original plans thereof shall be conclusiVely resumed to be boundaries, regardless of s g, rising or lateral movement of the Foil and regardless of variances between the boundari€sshown on the Plans and Plat.
2.05 o Partition. Each Unit shall be insepara Cand shall be acquired, owned, conveyed, transfe: leased, and encumbered only as an entirety. o event shail a Unit be subject to physical partitiogSind no Owner shall bring or be entitled to mai an action for the partition or division of a Unit or the Common Elements. Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the Common Elements without the Unit to which such Common Elements are allocated is void ab initio.
A \ 2.06 emis Sonis Description. SF > (a) Sinershi of Units. A Unit may be acquired ag by more than one Person in any a ership recognized by law.
Description of Units. Any contract or ate a relating to the acquisition, Dest transfer, lease, or encumbran a Unit shall legally describe such Unit ‘ows: “Unit No. of Hidden Bridge Co inium, located in Brazos County, Texas” further reference to the recording data for thisQ eclaration (including the Plans and Plats and .,, boc Bk Uni ce ~ Lo ~ RG S S x x av —_— a2 aw UILIN91 6 1689 275 be good sufficient for all purposes to acquire, own, ey, transfer, lease, encumber, or Ss F otherwise teal with such Unit, and any such description shalf be construed to include all incidents of owgg ship relating to a Unit.
ll purposes to acquire, own, ey, transfer, lease, encumber, or Ss F otherwise teal with such Unit, and any such description shalf be construed to include all incidents of owgg ship relating to a Unit.
encuryee its Unit by creating a lien or liens covering afeh Unit under the provisions of a mortgage ope deed@f trust, but any lien created thereby shall be subspet to the terms and provisions of this Declarati 'y Mortgagee or other lienholder which acquig¥$ a Unit through judicial foreclosure, public sa br y other means shall be subject to the termgyand provisions of this Declaration. An that GRmortgages its Unit shall notify the Associationgiving the name and address of said Owner’s gagee xY and the Association shall maintain such inft tion. \ oO oe oO Xe 2.08 Apertures and Attac s. Where there are apertures in any bound including, but © not limited to, windows, doors, bay xaitidows and skylights, such boundaries shall be nded to include Ss the windows, doors and other fixdores located in such apertures, including all ffaneworks, window casings and weather stripping thereof, together with exterior surfaces made of glass or other transparent materials. When there is a covered entry, porch, balcony, utility room, mechanical room, or other similar area attached to a Unit and serving only the Unit being bounded, and such arga is not designated in Exhibit “C”, as a Limited C on Element or General Common Element, suQh Unit’s boundary shall be in the intersecting hori , vertical, and/or other planes which include tke*planes of the undecorated finished ceiling(s) and flags) and the undecorated finished interior of all Pa areas.
dary shall be in the intersecting hori , vertical, and/or other planes which include tke*planes of the undecorated finished ceiling(s) and flags) and the undecorated finished interior of all Pa areas.
2.09 G s. Any garage area or parking space locate@wWithin the exterior walls of the Building shall be @jisidered an inseparable part of the Unit to which’the garage area or interior parking Ss space is assigned at the time the Unit is purchased. The garage area or interior parking space cannot be \ transferred, egReved, or assigned by Owner to a third-party er ate and apart from the Unit as a whole. SX . ar Exceptions. In cases not specifically copsted above, and/or in any case of conflict or, ¢ ambi , the survey of the Units set forth as Exhibit shall control in determining the boundaries 9 a except that the provisions of Section 2.03 ction 2.04 above shall control unless specifi aed and labeled otherwise on such survey. 4 S&F SRricLe m1 S&F Ss L FS COMMON ELEMENTS RC GC & 3.01 Limited Common Elegsnts. The Limited Common Elements, the use SSwhich shall be s limited to those Owners to whom syspruse is assigned by means of this Declaration, @fEndments thereto, assignments executed by Declarant, the Condominium Association, or the Managing Agent, including, without limitation: all other areas, if any, designated as Limited Common Elements on Exhibit “C”, and any other portion of the Common Elements which, by its nature, cannot serve all Units but serves one Unit shall be deemed a Limitedy¥°ommon Element of the Unit served and shall ke maintained and kept clean by such Owner. In the gent of any doubt or dispute as to whether spp portion of the Common Elements constitutes a Limytéd Common Element or in the event of any ion as to which Units are
and kept clean by such Owner. In the gent of any doubt or dispute as to whether spp portion of the Common Elements constitutes a Limytéd Common Element or in the event of any ion as to which Units are served thereby, a decigiSh shall be made by a majority vote of theeBoard of Directors of the Condominium Associfffin and shall be binding and conclusive when s@Qmade. To the extent of any area deemed a Limited Seen Element hereunder, the Owner of the (Qt to which the Limited Common Ss P Element is appurtehant shall have the right, upon approval of the“Association to alter same as if the Limited Commg) Element were part of the Owner's Unit. S 3s ce 9° 9° oe WO & + Ss \ x RY x Q _ Dor Be ' / VY eo ni120016 BR anege 58 Lo se 3.02 Ex Allocation. .Any common expense associat ith the maintenance, repair or x replacement of a ited Common Element shall be assessed equally against the Units to which the 9 | Limited commas lement is assigned. Sy) S \ 3 ge? Limited Common Elements do not include apportion of the Golf Club Property. co 3.04 Any parking spaces located on the outs >of the exterior walls of the Building shall be a oe S S ° s | id CLE IV S R ALLOCATED KTERESTS & EXPENSES 3 GO co . eS 4.01 Percentage of Ownershj Dot Common Elements and Surplus. The wprership and & undivided shares of each respective Ungin the Common Elements, if any, and the Com Surplus shall s be equal and based upon a fractiqngthe numerator shall be one, and the denomin: shall equal the number of Units to which this Deéslaration applies at that time. Effective on the of first filing this Declaration, the number of Units to which this Declaration applies shall be a maximum of forty-five (45).
f Units to which this Deéslaration applies at that time. Effective on the of first filing this Declaration, the number of Units to which this Declaration applies shall be a maximum of forty-five (45).
4.02 Liability for Common Expenses. Each Owner shail be liable for a share of the Common Expenses, such share being same as the undivided share of the Common lements, if any and the Common Surplus appurtengfft to the Unit. ce | 4.03 Rights: Memb i i jation. Each Unit shall be : entitled to one vot be cast by its Owner in accordance with rovisions of the Bylaws of the Condominium Agiciation. Each Unit Owner shall be a member afffe Condominium Association. s 4.0459 Restraint Upon Separation and Partition of C on Elements. The undivided share in 3 the Comafeh Elements and Common Surplus that is nant to a Unit shall not be separated (9 shar&n the Common Elements and Common Su , except as elsewhere herein provided to tee lary, cannot be conveyed or encumbered excepjfégether with the Unit. The respective shares in mmon Elements appurtenant to Units shall ain undivided, and no action for partition Bithe ° wssce AS the Condominium. eC oP ge ARTICLE V oe | DEVELOPMENT x | ° Ss S © + 5.01 Plan of Developneat of Property. Declarant intends to construct’ St the Initial Property | described in Exhibit “A” three (3) buildings with one (1) building containing thirteen (13) Units designated as “MUST BE BUILT” and the remaining two (2) buildings being designated as “NEED NOT
erty | described in Exhibit “A” three (3) buildings with one (1) building containing thirteen (13) Units designated as “MUST BE BUILT” and the remaining two (2) buildings being designated as “NEED NOT BE BUILT” and all three (3) buildings together having a maximum of forty-five (45) Units. In the event that Declarant subjects anyportion of the Additional Property to the te of this Declaration by | amendment, Declarant maonstruct additional buildings containing no mofe an ninety-nine (99) units.
f .
\ . De t hereby reserves the right to 5.02 Pl ‘ submit, from ti time, and in part or whole, the Additional Pro described in Exhibit “B” to the & Property. Declatint intends to construct additional condominium nits on the Additional Property. Such Ss option may k¢‘sxercised in Declarant’s sole discretion in accorance with the following rights, conditions, A and limi , which are the only conditions and limitations such option.
S RS WO oO & & S Ss ~ ss x R af S ERY oars rage Ea geet ear te eA OTR: LA eee ot PELE IEEE ERIN ELLIE NEA LE) Zt ERRAND AI MOP RRL ie 5 PGA SNA IPSS Res et PR Oa ech? Be ee 1 niece ateciinacaer AY sine Sin ed Be i ae ELAN Se cd RCE ° oe \ . Dor bie 2 3 “nO “WO ‘ (a) & The option may be exercised at any time oo a period of twenty (20) years & exec! and filing an amendment to the Declaration gpidencing such termination in the Public \ umstances will terminate such option prior ta te expiration of such twenty (20) year period. , >
ic \ umstances will terminate such option prior ta te expiration of such twenty (20) year period. , > amendment pursuant to this Section 5.02 not require the consent of any Person otheg & than Declarant except the Owner of such pro , if other than Declarant. e \ (b) Declarant may exercisgyits development right, with respect to the Agena Se Property, in part or whole of the Ae Property, at different times. No assurances made N fixing the boundaries of the parts e Additional Property that may be developed gFegulating the order in which they may bg a eloped. If any development right is exercised ®t any portion | & of the Additional Property, thg'shall be no requirement that Declarant exercisagthe development s right with regard to the remgtider of the Additional Property. Ss (c) If the Additional Property or any portion thereof is added to the Property, Declarant reserves the right to designate the boundaries of the Units, as well as the Common Elements to be added tg the Property in connection therewith. 4 R (d) sieaid the option to add the Additional Property. &Rny portion thereof, not be exercised withinthe term specified herein or be terminated by De@tarant, such option shall in all terminatedgBeclarant shall not be obligated to impose on dditional Property or any portion thereof covenants, conditions, or restrictions the sameNas or similar to those contained herein s and QeSlarant shall be free to develop the Additional erty as it deems fit.
x P Pagers 3 OD (e) The option reserved under this S Sn 5.02 may be exercised by Declarant only
to those contained herein s and QeSlarant shall be free to develop the Additional erty as it deems fit.
x P Pagers 3 OD (e) The option reserved under this S Sn 5.02 may be exercised by Declarant only ° Declaration, and upon the exercise, y, of such option or options, the provisiogS*of this WV Declaration shall then be cons oP as embracing the Additional Property togetif? with all . RG Improvements located thereon. = the Additional Property is added to the Pro , Declarant < reserves the right to imposeovenants, conditions, and restrictions on thes SS Declarant may, from tint® to time own, develop, and add to the Propedy, which covenants, | conditions, and restrictions shall be in addition to but not in abrogation or substitution of those imposed by this Declaration. Despite the fact that Declarant’s submission of the Additional Property to this Declaration may result in an overall increase in the Common Expenses, and a resulting increase ingle Assessments payable by each Unit, Declares abel not be required to obtain the joinde consent of the Condominium Association, aap nit Owner, or any other Person for an aR dment pursuant to this Section 5.02. . > its, Common | | C b 5.03 j s of Declarant. Declarant shall have the rightQbut not the obligation to (i) make &
on, aap nit Owner, or any other Person for an aR dment pursuant to this Section 5.02. . > its, Common | | C b 5.03 j s of Declarant. Declarant shall have the rightQbut not the obligation to (i) make & improvements aa changes to any Units owned by Declarant (i Shake changes in the location of the s boundaries ofyany Units; (iii) install and maintain any Improvements in and to the Common Elements; and (iv) i gl and provide for the maintenance of any ee wer, drainage, irrigation or other utility 3s systems facilities. Prior to Turnover, Declarant have the right to add General Common Su Elemen? to the Property. Prior to Turnover, Declarant peerves the right to impose covenants, conditions, > ©) x Ss Sy s 4 Q ° Vo SAREE eae aera Aree c co RY Ss aq eRe Re meme aaeoar pb oronen emt anennoktnaenint it amar ctiaaes lg’ _ Dor Bk y .
A ey Y1120916 Of 10689 bie x R OG oe > N oO . oe and restrictions on nits, Common Elements, and other Improveme@gRS, that Declarant may from time x to time own or dexgfop within the Property shown and described ag Plat which covenants, conditions, & and restrictions sWall be in addition to but not in abrogation or Sbstitution of those imposed by this Ss Declaration. ss RX S& SX Special Rights of Declarant. The Declaygmt reserves the following Special Declarant | Righter the period beginning on the date hereof and ire ten (10) years hereafter: nO S x S (a) the right to complete or maf}i improvements indicated on the Plans and Plat; ¢, N oe (c) the right to maine signs on the Condominium to advertise the Ce@ominium;
and management office in a Unit; x ¢, N oe (c) the right to maine signs on the Condominium to advertise the Ce@ominium; including easements for intess and egress, over, under and across any anWall of the Property and/or Common Elements as may be reasonably necessary for the purpose of discharging the Declarant’s obligations under the Act and this Declaration and for facilitating the maneuverability of residents of adjacent properties comprising the Traditions developmeng (e) LS cht to establish, vacate, relocate and use the &Sments as set forth in this Declaration; pro@Med, however, that no modification of any ent shall have the effect of Easement igShown on the Plans and Plat, or (B) it is otherwigtonsented to by the Owner of such Unit or bythe Owner to whose Unit such Limited Common lement is appurtenant, as well as by s the Mgkeagee of any such Unit; and \ P x xy > (f) the right to include, in any a initially conveying a Unit, such additional Ne ..Geservations, exceptions and exclusions as it m. em consistent with and in the best interests of ¢S A e Owners and the Association; 3 6 s (g) appoint or remove any, officer or member of the Board of Directors x”? the Association during Declarant Control ‘od; eS ~ (i) exercise anyot the Development Rights reserved in Section Pheri and gj) exercise any other development rights permitted to be exercised by Declarant under the Condominium Act.
heri and gj) exercise any other development rights permitted to be exercised by Declarant under the Condominium Act.
instrument signed by the larant, any Special Declarant Right may be eee sed by the Declarant for the period of ti ifigN in the Act. ~ e period o ime specifigh in e Ac @ 0 5.06 De ment Rights Reserved. The Declarant @Serves development rights (the “Development ”), specifically, the right to construct additignf? Units and related improvements in s multiple subsequent phases, in the areas identified in Exhibit C aftached hereto. As used herein, the term Developmen means a right or combination of rights tor Se . Ro (a) add real property to the Condomjg@tim; & oo 1 S S eX x o © sar ep rete ngireitcternesinn Aancmntetettinntntr ni Sp tcbtA UE py t gs : : ° x age POE Bk Vol fp s ge tre om soaks Si (b) @ create Units, Common Elements or LimitegSCommon Elements within the x Condomipgfin 5 < o & (d) withdraw any real property from Condominium; and & !
© (e) Exercise any other developg gt rights permitted to be exercised by Declar S&F RTICLE VI ge | > GOLF CLUB oO 4g & sf eS & 6.01 Golf Club Property. & & s © & (a) Each Own acknowledges that the Golf Club Property is diXctly adjacent to the Buildings. The Golf Club Property shal! be owned, constructed, developed, and operated by the Golf Club Owner. Access to and use of the Golf Club and the Golf Club Property is strictly subject to the rules and procedures of the Golf Club Owner. Except as, specifically provided in
erated by the Golf Club Owner. Access to and use of the Golf Club and the Golf Club Property is strictly subject to the rules and procedures of the Golf Club Owner. Except as, specifically provided in this Declaration, neitk@r the Condominium Association, nor any Own all have any right, title or interest whatsqeer in the Golf Club Property or in the operation Ponducted in the Golf Club Property, inclug@g, but not limited to, equity rights, prescriptive. ments, use rights to use the improvement§or the right to continued operation of any imprgbinents located on the Golf Club Property. q perty s s s ‘ \(b) Assumption of Risk. Without limitinggny other provision herein, each Person A any portion of the Golf Club Property accep; d assumes all risk and responsibility for ° ane liability, injury, or damage connected with or occupation of any portion of such Golf VY Ss lub Property, including, without limitation, cise from maintenance equipment, (b) use of oe © pesticides, herbicides and fertilizers, (c) vic& restrictions caused by maturation of trees Ts shrubbery, (d) reduction in privacy caused &}the removal or pruning of shrubbery or trees wh A any portion of the Golf Club Property (e) design of any portion of the Golf Club Property.
1 yi oO Without limiting the foregoing, al ons using the Golf Club Property, includin Without WV limitation, any pool or area ee lake, do so at their own risk. BY ACCEPT. OF A . RG DEED, EACH OWNER ACKN@WLEDGES THAT THE GOLF CLUB PROPERTY MAY xe CONTAIN WILDLIFE. DRSYARANT, THE GOLF CLUB OWNER, Tyg? MANAGING © AGENT, AND THE CONDOMINIUM ASSOCIATION S$ 5b.’ HAVE NO S RESPONSIBILITY FORNSMONITORING SUCH WILDLIFE OR NOT G OWNERS OR OTHER PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER AND HIS
? MANAGING © AGENT, AND THE CONDOMINIUM ASSOCIATION S$ 5b.’ HAVE NO S RESPONSIBILITY FORNSMONITORING SUCH WILDLIFE OR NOT G OWNERS OR OTHER PERSONS OF THE PRESENCE OF SUCH WILDLIFE. EACH OWNER AND HIS OR HER GUESTS AND INVITEES ARE RESPONSIBLE FOR THEIR OWN SAFETY.
duties relative to teGVonstruction, development, and operations of f Club Property and the {c) Owngs acknowledge that Declarant shall have riya Chub Py obligation, or 'ol sales and markg}ing of the membership therein as described inghe Golf Club Plan except as specifically ided herein. All Persons, including all , are hereby advised that no representatigns or warranties have been or are made by Declagfmit, the Condominium Association, : the Mangjmng Agent, or by any Person acting on behalf o of the foregoing, with regard to the se ; continying ownership or operation of the Golf Club Property. No purported representation or wargpaity in such regard, written or oral, shall be effe gg unless specifically set forth in a written 3 ightfument executed by the Golf Club Owner. VY OF e Lo Lo $ & © Ss oF g > 3 internecine mes timate yoy crabaren nevi etntie tne - Yor EK Voi F3 M1120914 OF 1ngZ9 22n x x | eS > !
(d) Neither Declarant, the Condominium Assocfftion, nor the Golf Club Owner x guarantees. @r represent that any view over and across the G. lub Property from Units adjacent 2 to the Golf Club Property will be preserved without impairment. The Golf Club Owner shall S have gp obligation to prune or thin trees or other landgPaping, and shall have the right, in their \ sole @nd absolute discretion, to add trees and other A scaping to the Golf Club Property from Se 4dr to time. In addition, the Golf Club Owngmay, in its discretion, change the location, >
, in their \ sole @nd absolute discretion, to add trees and other A scaping to the Golf Club Property from Se 4dr to time. In addition, the Golf Club Owngmay, in its discretion, change the location, > Sonfiguration, size, and elevation of the tees, ers, fairways, and greens from time to timey o or implied easements for view purposes r the passage of light and air are hereby exprgsly RY disclaimed. A A SX x x \ (e) In recognition of fe fact that the provisions of this Section 6.04 Gte for the & other provisions of this Declagtion benefiting the Golf Club, may be made wit@out the written Ss approval of the Golf Club. Ss Ss (f) It is Declarant’s intention that the Condominium Association and the Golf Club shall cooperate to the maximum extent possible in the operation of the Property and the Golf Club. Each shall reasonably assist the other in upholding the standards,of the Condominium as they pertain to main ce. The Condominium Association shall hago power to promulgate rules and regulatioas affecting activities on or use of the Golf Clu@ Property without the prior written consentaithe Golf Club Owner. AC “ae ey es e ARTICLE VII & s S COMMUNITY CONTROL PROG »S 7.419% Community Control Program. Declarant aeptiave the right, but not the obligation, to x angOr contract for the installation of a Community Gortrol Program for the Building. Declarant or VY ees, successors, assigns, affiliates, and liceg3ées may install such a Community Control oe . Declarant reserves the right, at any time in its sole discretion, to discontinue or termina
eclarant or VY ees, successors, assigns, affiliates, and liceg3ées may install such a Community Control oe . Declarant reserves the right, at any time in its sole discretion, to discontinue or termina ommunity Control Program prior to Turnoyef In addition, all Owners specifically acknowle@ve that the Property may have a perimeter Community‘Control Program, such as fences, walls, hedges, or the Nike on certain perimeter areas. Declarant and @Board shall not be held liable for any loss or deghage by ~ e Control Program measures undertaken. ; e Se ° 7.02 No Liability. NE R THE CONDOMINIUM ASSOCIATION, MANAGING s AGENT, NOR DECLARANT L IN ANY WAY BE CONSIDEREYY INSURERS OR GUARANTORS OF THE HEALTH, SAFETY, WELFARE OR SECURITY OF ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE PROPERTY NOR SHALL ANY OF THEM BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY ORQF INEFFECTIVENESS OF SECURITY ME S UNDERTAKEN.
NO REPRESENTATION WARRANTY IS MADE THAT ANY F OTECTION SYSTEM, ALARM SYSTEM, C¢ ITY CONTROL SYSTEM OR O SECURITY SYSTEM S UNDERTAKEN WILL IN ALL CASES VENT LOSS, OR PROVIDE THE DETECTIQ$OR PROTECTION FOR WHICH THE SYSTSM IS DESIGNED OR INTENDED. s EACH O R~ ACKNOWLEDGES, UNDERSTANDS AND” COVENANTS TO INFORM ITS LESSEES T THE ASSOCIATIONS, THEIR BOARD.O¥ DIRECTORS AND COMMITTEES 3 AND DRGL ARE NOT INSURERS AND THAT@ACH PERSON USING THE PROPERTY Roy § is & s S s a, + a SS & oe Rai SRE il eb ER men dtm smemnnanoantt ag par ranicmnmnnaestt -,,b0e Bk Ss gh Hi120916 OR eee Oo & Lo e $ FOR LOSS OR DAMAGE TO PERSONS TO UNITS, AND TO THE ASSUMES ALL
§ is & s S s a, + a SS & oe Rai SRE il eb ER men dtm smemnnanoantt ag par ranicmnmnnaestt -,,b0e Bk Ss gh Hi120916 OR eee Oo & Lo e $ FOR LOSS OR DAMAGE TO PERSONS TO UNITS, AND TO THE ASSUMES ALL CONTENTS OF S RESULTING FROM ACTS OF THIRD Paget JES.
3 ARTICLE VIII 3s ce PROPERTY RIGH®: > N heii of this Declaration, may be conveyed, sferred, and encumbered the same as any oth reyproperty. Each Owner shall be entitled to the eplusive ownership of the Unit owned by such Oyer, subject to the provisions of this Declaration. The ownership of each Unit shall include, and there shall x pass with each Unit as an appurtenance theregR hether or not separately described, all of he and \ interest in and to the Common Elements Stablished hereunder. Units shall not be subdi led, and, . Ro except as provided in this Article VII hep , the boundaries between Units shall not be rel@ated, unless & the relocation thereof is made with thie genet of Declarant. S S Ss °o S 8.02 Owner's EasementsDf Enjoyment. Subject to the provisions of thisDeclaration and rules and regulations for use of the Property from time to time established by the Declarant, the Condominium Association and the Managing Agent, every Owner, his family, tenants, and guests shall have a nonexclusive right, privilege, and easement of use and enjoyment in and to the Common Elements which it is entitled to use for their intendeg purpose, such easement to be appurtenant to angto pass and run with title to each Unit, subject to the @tlowing provisions: eC BD @ (a) Giasements, restrictions, reservations, conditigge limitations and declarations of
ment to be appurtenant to angto pass and run with title to each Unit, subject to the @tlowing provisions: eC BD @ (a) Giasements, restrictions, reservations, conditigge limitations and declarations of record, noyOor hereafter existing. A description of, and recording data for, all recorded easementond licenses appurtenant to the Condominium is}icluded in Exhibit “D”.
3 | So oO (b) The right of the Declarant or the CongStninium Association to borrow money for } prunes deemed necessary by the Board and, tive as security for the payment of any such VY Ts instrument given by Declarant or the Con nium Association shall be subject and subordi to any and all rights, interest, options, tenses, easements, and privileges herein rese or 3 established for the benefit of the CongSminium Association, any Owner, or the holdesof any co Mortgage, irrespective of when suck fortgage is executed or given. co ~ °& ® (c) The right of Condominium Association or Managing Agep&%o suspend an s Owner's rights hereunder OK impose fines in accordance with this Declargfon, as amended Ss from time to time. Ss (d) Incase of any emergency originating in, or threatening the Property or any Unit, regardless of whether the Owner is present at the time of such emergency, the Condominium Association, the Mangsing Agent, or any other Person authorized by eitfigr, shall have the right to enter a Unit for ee se of remedying, or abating, the cause pistes emergency, and such right of entry sh immediate. . > Ao oe& The rights and easements reserved to Condominium Association and Managingytgent herein. Ss
ee se of remedying, or abating, the cause pistes emergency, and such right of entry sh immediate. . > Ao oe& The rights and easements reserved to Condominium Association and Managingytgent herein. Ss s\n The right of the Condominium Ass Shion to enter into any contribution and wntenance agreements, cost sharing agreemen asement agreements, and use agreements ce _OMith the Golf Club Owner. & & & ¥ e S s\ CF Se & Men reaie cates Jem wer nists ail AES WSR Eeite CESS tine BES NT ea TIMED ONIN TaN RRR hed ‘ pcseew - .
ote * ah Mahe) meee SRR A Rene RTE SRB AES ES CR A NY hg ana ErMNRIRNRERSHEY Doc BE : 01120916 OR insse 52 Qs g & co ~ N Od ee (g) SThe rights and easements reserved in this aration for the benefit of the Managing Sent, the Condominium Association, their dimeelé , officers, agents, and employees.
oth) The rights and easements reserved in SPation 8.07 hereof for the benefit of the Ad@fonal Property. Re ce \ ‘i WV (i) The rights and easements resepyst herein for the benefit of the Golf Club Owner © and Golf Club Users. ° ° Ss Ss Ss A ) The right of the Condonynium Association, the Managing Agent, the Gaif Club Se Owner and/or any governmental ase to enter any portion of the Property in order tomply .O .O oe & 8.03 Common Elements gall: NOTWITHSTANDING ANYTHING agit AINED TO Ss THE CONTRARY HEREIN, FINITION OF "COMMON ELEMENTS" A§SSET FORTH IN THIS DECLARATION IS FOR DESCRIPTIVE PURPOSES ONLY AND SHALLNN NO WAY BIND OR OBLIGATE DECLARANT TO CONSTRUCT OR SUPPLY ANY SUCH ITEM AS SET FORTH IN SUCH DESCRIPTION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REERESEN TATION OR WARRANTY AS TO EXTENT OF THE COMMON ELEMENTS. x R ©
OR SUPPLY ANY SUCH ITEM AS SET FORTH IN SUCH DESCRIPTION. FURTHER, NO PARTY SHALL BE ENTITLED TO RELY UPON SUCH DESCRIPTION AS A REERESEN TATION OR WARRANTY AS TO EXTENT OF THE COMMON ELEMENTS. x R © 8.04. Rules Dardin Common Elements. In addition, the Slowing provisions shall be applicable to the Comggon Elements. & Oo ° oe Ownership and Operation of Common ElaDeents. The Common Elements shall be owgied by the Unit Owners in undivided shares gd shall be operated, maintained, and admiistered as Common Expenses for all p and uses reasonably intended, as the ° i ominium Association or Managing Agent“deem appropriate. The Condominium G & interference from any Owner or Mortgagee Unit or any other Person whatsoever. Owne se shall have no right in or to any Common Eleftents referred to in this Declaration unless and same are actually constructed and completet. The current conceptual plans and/or representation, “Ss, ge if any, regarding the composition of Common Elements are not a guarantee ol final O composition of the Common Elemerts© (b) Right to Allows Se, Declarant may enter into easement agrees or other use Ss obtain the use, possession\of, or other rights regarding certain property, om exclusive or nonexclusive basis, for certain specified purposes. The Condominium Association may agree to maintain and pay the taxes, insurance, administration, upkeep, repair, and replacement of such pro perty ‘ A \ (c) O Setion of Common Elements. No portion of the@mmon Elements may be obstructed, encybered, or used by Owners for any resign. than as permitted by the
epair, and replacement of such pro perty ‘ A \ (c) O Setion of Common Elements. No portion of the@mmon Elements may be obstructed, encybered, or used by Owners for any resign. than as permitted by the Condominiuyg@Ssociation, the Managing Agent, and this Declesésion.
8.05 Chinges in Boundaries; Additions _to Designatge Common Elements. Declarant expressly reset’ for itself and its affiliates, successors and asyens, the right to change and realign the boundaries e designated Common Elements and any s owned by Declarant, including the realignmafvof boundaries between adjacent Units owned Declarant, and shall be evidenced by a ou a ~ no > a g & § S Ss s 4,06 Bk V Se Se ~ NN Lo oe revision of or an additton to the applicable Plat which shall be recordegin the Public Records of Brazos Cc , Texas.
ounty, Texas s s 9° SR , > (a) There is hereby reserved for the povefit of the Condominium Association, the N e gSlienable, transferable, and perpetual right and ment, as well as the power to grant and accep}, S° utility, or other Person, upon, over, under, ae across (i) all of the Common Elements; and ae | RY land within easement areas shown on recorded subdivision plats for the purpose of nse ing, and 3 replacing, repairing, maintaining ue ities, including, but not limited to storm & WV drainage systems and electrical, gas elephone, cable television, water, sewer, ad ed water ‘ oe treatment, and irrigation lines. | h easements may be granted or accepted by-Déclarant, its & successors or assigns. To the atent practicable, all utility lines and facilities se the Property
ter ‘ oe treatment, and irrigation lines. | h easements may be granted or accepted by-Déclarant, its & successors or assigns. To the atent practicable, all utility lines and facilities se the Property Ss and located therein shall ated underground. By virtue of any such eq@ment, it shall be expressly permissible for the providing utility company or other supplier or Sarvicer, with respect to the portions of the Property so encumbered (i) to erect and maintain pipes, lines, manholes, pumps, and other necessary equipment and facilities; (ii) to cut and remove trees, bushes, or shrubbery; (iii) to pe or fill; or (iv) to take any other similar action reasonably necessary to provide <sdnomical and safe installation, maintenance, , teplacement, and use of such utilities andsystems. CG (b) Sasements are reserved under, through and ogePine Condominium Property as may be re d from time to time for utility services and ae services and drainage in order to serve the\Aksociation. A Unit Owner shall do nothing widin or outside his Unit that interferes with gs\impairs, or may interfere with or impair, the prevision of such utility services, or other serv or drainage facilities or the use of these aa ’ Se ‘ $07 Easements for Additional Property. Rytre is hereby reserved in Declarant, and its & succgssors, assigns, and successors-in-title to the itional Property, for the benefit of and as awe a enance to the Additional Property and as den upon the Property, perpetual, non-excl rights and easements for (i) the installation, maintetance, repair, replacement, and use within the Proptrty d those portions of the Units encumbered p t to Section 8.06, for utility facilities and diggSbution
d easements for (i) the installation, maintetance, repair, replacement, and use within the Proptrty d those portions of the Units encumbered p t to Section 8.06, for utility facilities and diggSbution co lines, including, without limitation, draina qPstems, storm sewers, and electrical, gas, telep , water, > sewer, and cable system lines; and (il).g inage and discharge of surface water onto across the x : © any improvements from time to time a ated thereon. ° S S < 8.08 Golf Course Play Easement. There is hereby reserved to the Golf Club Owner, along with the Golf Club Users, a nonexclusive easement over and across the Property for the following purposes: SS \ (a) R Ral of golf balis provided the person retrievin oe golf ball shall do so in a reasonable manng. d will repair any damage caused by entry to ratteve the golf ball.
ao CO (b) & Flight of golf balls over, across and upon the BPSperty.
(c Doing of every act necessary and incid St to the playing of golf and other rec nal activities on the Golf Club Property, inc g, but not limited to, the operation of lifting facilities, and the creation of usual and ¢8inmon noise levels associated with such co ie reational activities. & & o Ss Ss Ss S S siaeneroess AD tant ieee king TM MRESINEE MABE GH EAT eet Soe! sn asystecnsarene ne wast . Oy At 08 SSE ey ANT MOE BEE ARR SE SOE HMMS PEAS et cia BS SO rt BGR Mea EB on : bs” a : ee .,, Doc BE Vol : 3 3 "1120916 OR toga9 ie & Sy “ft ‘ oe oe (d) Creation of noise related to the normal main ce and operation of the Golf x Club nb including, but not limited to, the Cee S owing and spraying equipment. & Such noisémay occur from sun up to sun down every day. S |
se related to the normal main ce and operation of the Golf x Club nb including, but not limited to, the Cee S owing and spraying equipment. & Such noisémay occur from sun up to sun down every day. S | 80g Damage by Errant Golf Balls. The Unit QGRers, for themselves and each and every ee | Club rty is beneficial and highly desirable; ho er, each Owner acknowledges and agrees that,C portions of the Property located adjacent to the Golf @tub Property are subject to the risk of damage x i caused, directly or indirectly, by golf balls flghg, landing, hitting, or resting in or around the d Common Elements. The Owners, for themselves and each subsequent Owner, their successgrs and x assigns, hereby assume the risk of damage apinjury caused by errant golf balls in, on, or agers the . oe individual golfer who has struck the errarp@olf ball for any damage he or she has caused. - oe ° °o ° S Ss ARTICLE IX YS Ss MAINTENANCE s The following maintenance provisions concerning Units within the Property are intended to describe those maintenance obligations of the Condominium Association (as delegated to a contractor or agent of the Condominium AX iation referred to herein as the “Managing Aca), and of Owners.
° Oo 9.01 Responsidl ities of Owners. D> a s WO (a) & Except as provided in Section 9.02 below, staisieunes and repair of Units, : and any porches, balconies, patios, or terraces desi as Limited Common Elements Ss :
s and repair of Units, : and any porches, balconies, patios, or terraces desi as Limited Common Elements Ss : ds to non-structural interior walls and doors we or affording access to the Unit. OG & (b) Owner shall immediately repotSn writing to the Condominium Association ang” Ss instances of water damage or sightings of within the Unit. In the event a Unit is going unoccupied for a consecutive period of tw0(2) months or longer, the Owner must provide fetice of same to the Managing Agent. 3 \ 9 x appurteyant solely to the Unit and no other Unit, shall bg the sole responsibility of the Owner of BS > (c) As provided in Segfion 9.03 hereof, each Owner shall also be cig to pay for x the costs incurred by the C minium Association and the Managing seb ce, repairing, © replacing, maintaining, or clegting any item which is the responsibility of suc er, but which S responsibility such Ownenfpils or refuses to discharge. Owners shall not (QYRcorate, change, or otherwise alter the appearance of any portion of the Golf Club Property, or Limited Common Elements unless such decoration, change, or alteration is first approved, in writing, by the Managing Agent; or (ii) do any work which, in the reasonable opinion of the Managing Agent, would jeopardize the syundness and safety of the Property, reduce thewalue thereof, or impair any easement or h ents thereto, without in every such case ee ing the written approval of the Managin ent.
OS eo 9.02 Con§Sininium Association's Responsibility. Neither Condominium Association nor ; the Managing A shall be liable for injury or damage to any persgtror property: (A) caused by weather Sg
ent.
OS eo 9.02 Con§Sininium Association's Responsibility. Neither Condominium Association nor ; the Managing A shall be liable for injury or damage to any persgtror property: (A) caused by weather Sg conditions or by~“any Owner or any other Person not acting as“either an agent or employee of the S CondominiuggAssociation or the Managing Agent, or (B) caug by any pipe, plumbing, drain, conduit, \ appliance, @yuipment, or utility line or facility, the responsijfiity for the maintenance of which is that of co the Cont inium Association or the Managing Agent, 3 shall the Condominium Association or the , > ‘ ; .O s ie < Ss Ss A eS semitone sini ptinianencers we ve Sak f ot trim Seh2 tof DMMB ot LE Spy ‘rr. Panis I SI PR EE ames ot wears LAE EEN AN Ya NRTA AP LEE SEO DAERAH ELS So RS EA TEMES, © iS ge s od ge O*The Condominium Association shall mainte? and repair the Common Elements (unless qovided Nihal not have the obligation to so provide) anygsuch maintenance, repair or replacement at the cost Wil2ZO716 UR Ld 229 RY : x ge oO e Managing Agent be ljffble to any Owner for loss or damage, by theft or, @herwise, of any property of such Owner which may@e stored in or upon any portion of the Prope. No diminution or abatement of Assessments, feesY or charges shall be claimed or allowed by Peason of any alleged failure of the Condomini sociation or the Managing Agent to take s action or to perform some function 3 required tote taken or performed by the Condominium Asgeiation or the Managing Agent under this ce Declarati@?, or for inconvenience or discomfort arising, fm the making of improvements or repairs ,
3 required tote taken or performed by the Condominium Asgeiation or the Managing Agent under this ce Declarati@?, or for inconvenience or discomfort arising, fm the making of improvements or repairs , whiclgeft the responsibility of the Condominium Assogid#on or the Managing Agent, or from any actionn® takeby the Condominium Association or the Managhg Agent to comply with any law, ordinance, eS “issessments, fees, and charges being a separatqand independent covenant on the part of each er, otherwise in the Condominium Documents\Mhe cost and expense of which shall constitute ‘ommon Expense and payable as a portion of the Asessments against Owners. Nothing in this D aration shall be deemed or construed as relieving Owner from liability or responsibility for dang%e to Common Elements caused by the negligence isconduct of an Owner or an Owner’s oceupageSr invitees.
9.03 Failure of Qwner’s Obligations. In the event that the Condominium Association or the Managing Agent determines that: (i) any Owner has failed or refused to discharge properly his or its obligations with regard to the maintenance, cleaning, repair or replacement of items for which he or it is responsible hereunder, or (ii the need for maintenance, cleaning, repair o lacement which is the responsibility of the Conddminium Association or the Managing Agent her@ ler is caused through the willful or negligent act Owner, or his or her family, tenants, guesta@ invitees and is not covered and promptly paid fogQ¥ insurance in whole or in part, then, in either it, the Managing Agent, except
d promptly paid fogQ¥ insurance in whole or in part, then, in either it, the Managing Agent, except intent to providéQuch necessary maintenance, cleaning, repair replacement, at the sole cost and expense of sug Owner and setting forth with reasonable particularity the maintenance, cleaning, repairs A or replacempept deemed necessary. Except in the event of ¢; ency situations, such Owner shall have x fifteen (s ays within which to complete the same in a and workmanlike manner, or in the event (15) ty period, to commence said maintenance, cl , repair or replacement and diligently proce cosiplete the same in a good and workmanlike manyé. In the event of emergency situation, or the faj of any Owner to comply with the provisions hereof after notice, the Managing Agent may provid? but such Owner and his or her Unit are sukgtt. In the event that the Managing Agent undprtakes such maintenance, cleaning, repair, or re; ment, the applicable Owner shall prompt\gGveimburse the Managing Agent provides any oft) forgoing maintenance, repair, or replacements Yt Managing Agent shall not be obligated to procure bids for such maintenance repair or replacement and the Managing Agent, in its sole discretion, shall designate a contractor to perform such work. Damage to the interior of any Unit resulting from such maintenance, repair or replacement activities by the Association, whether by reason of an emergency or gwherwise, shall constitute a Common Expensgs\nd be payable by the
f any Unit resulting from such maintenance, repair or replacement activities by the Association, whether by reason of an emergency or gwherwise, shall constitute a Common Expensgs\nd be payable by the Association; provided, hows? r, that if such maintenance, repairs or replagetents are the result of the misuse or negligence of gn Owner, or its guests or invitees, then such Qiyner shall be responsible and liable for all such dangeg?. ro Ss RY oe oO ee ¥ Se c screen icinnneennnnn Qn cag ne hres oF Tat _ 6 x x G OG °& ~ CO WO & ARTICLE X x s INSURANCE AND CASUALTY LOSsES o S S 10.0}sMInsurance. Beginning not later than the time asthe first conveyance of a Unit to a person 3 other than eclarant, the Condominium Association shat Shaintain, to the extent reasonably available, Sy the folloing insurance, which shall be a Common Expengy Ro & (a) Pro Insurance for Uni Public liability and property damage insurance,@r s the Unit, including, without limitation thafnited Common Elements appurtenant to suchQDnit A that belong to only that Unit. The pqlicy shall include an endorsement for no less than one } hundred percent (100%) of the full regfticement cost (new without deduction for deppeghtion) of VW the covered Unit, improvements, agdproperty. \ se ~2 we se oO Re © Elements are added to operty, property insurance on the insurab eneral Common ) Elements, insuring againsMall risks of direct physical loss commonly insuréd against, including fire and extended coverage, in a total amount of at least eighty percent (80%) of the replacement cost or actual cash value of the insured property as of the effective date and at each renewal date of the policy. 4 3
d coverage, in a total amount of at least eighty percent (80%) of the replacement cost or actual cash value of the insured property as of the effective date and at each renewal date of the policy. 4 3 (c) yes ty Insurance. In the event General CommefvElements are added to the Property, co: ial general liability insurance, including megiPal payments insurance, in an amount detexgtied by the Board, covering all occurrences cogémonly insured against for death, mainten of the General Common Elements. Such pdity may insure against all damage or vie injury dgused by the negligence of the Declarant, its agwtors and officers, any of its agents, or 3S the ers. ° co (e VY x ; > ‘ oe (d) Unavailability. If the insu i” described in Section 10.01(a) and Sectiog© 10.0106) is not reasonably available, the Condgshinium Association shall cause notice of that f.
se to be delivered or mailed to all Unit Owners find lienholders. s 3 (e) Other Insurance. T eclarant or its duly authorized agents shall Se the 9 authority and may obtain: (i) wor! compensation insurance to the extent neces Oo comply % determined by the Declarant to@e“necessary or desirable.
eS ° So < Ss (f Insurance BWvisions. Insurance policies carried under Section 10.01(a), Section 10.01(b) and Section 10.01(c) shall contain the following provisions: (i) Each Unit Owner is an insured person under the policy with respect to liability arising‘out of the person's ownership of an undividedSMterest in the Common Elements oc embership in the Condominium Association. ( oe . oe tte ? .
ed person under the policy with respect to liability arising‘out of the person's ownership of an undividedSMterest in the Common Elements oc embership in the Condominium Association. ( oe . oe tte ? .
a1) The insurer waives its right to subrogafin under the policy against a Unit er. °o s : Ss s S (iii) No action or omission of a UniQOwner, unless within the scope of the \ it Owner's authority on behalf of the CondgRtinium Association, will void the policy S& or be a condition to recovery under the policy N > Ao Ws ~o iN s S Ss 3 3 ie ste ain otter ormacenmmeniensege Ns tem SRR tle RMR R IRIS SM hese nea ares wernesnve creer sions MQ Qo Bt Aw tecinn 8 realtone aL a An aon nes RX x OG OG N N 0 o WO. 0 x (iv) If, at the time of a loss under the pefey, there is other insurance in the g of a Unit Owner covering the same Repperty covered by the policy, the «Siominion Association's policy provides piggary insurance.
R x co (v) All policies shall contain iver of the insurer's right to cancel without S first giving thirty (30) days' prior written gt _ Bor Bk WiL20916 OR 19629 ice of such cancellation to the Condominium Viok ~ x Association and to any Mortgagee to h a mortgagee endorsement has been issued. < ) s (vi) All such inamanebeoverage obtained by the Condominium AssodStion RY shall be written in the name ofthe Condominium Association as trustee for eagh of the Owners. O° co N 2 ~ . oe (vii) All polig}és shall be written with a company licensed $Mo business in & the State of Texas olding a rating of A+ or better in such finagptal categories as | s established by BestInsurance Reports, if such report is available osif not available, its equivalent rating of the best rating possible.
(viii) All property insurance policies shail be for the benefit of the Owners and
tInsurance Reports, if such report is available osif not available, its equivalent rating of the best rating possible.
(viii) All property insurance policies shail be for the benefit of the Owners and their Mortgagegs as their interests may appear. 3 x 9 In no event shall the insurance coverage obftined and maintained by the DeclargaP ereunder be brought into contribution with ingdtance purchased by individual Owns or their Mortgagees. & (x) All policies shall contain a waiver Of subrogation by the insurer as to any claims against the Declarant, the Declarant's digpstors and officers, the Owners, and their OF respective families, servants, agents, tenants(Meésts, and invitees.
e (xi) All policies shall cong provision that no policy may be canceledgg ° invalidated, or suspended on accounOof the conduct of one or more of the ee Ss Owners, or their respective familQ8, servants, agents, employees, tenants, gues d A invitees, or on account of the acts of any director, officer, employee, or agent of the } Declarant or of its manager, yout prior demand in writing delivered to the ant to WV cure the defect and the allayeeince of a reasonable time thereafter within which*the defect oe may be cured. . Ro . oe Ss personal property insurance cove his or her personal belongings located insidthe Unit or Limited Common Elements. Neither Declarant nor the Condominium Association shall be responsible for any theft of or damage to personal belongings of Owner or other Person on the Property. Further, an insurance policy issued to the Soci Association does not prevent a one Owner from obtaining 10.02 Owner’s Insurance ¢ach Owner, at his or her sole cost and e e, shall provide insurance for the Owner's o nefit. Q ¢ ey
issued to the Soci Association does not prevent a one Owner from obtaining 10.02 Owner’s Insurance ¢ach Owner, at his or her sole cost and e e, shall provide insurance for the Owner's o nefit. Q ¢ ey 10.03 Effect aptrtcle This Article X does not affect the right ga holder of a mortgage on a Unit to require a Unis er to acquire insurance in addition to tharovided by the Condominium Association. Oo Oo Ss Ss 10.04 Se A claim for any loss covered by the policy under Section 10.01(a), Section 10. , or Section 10.01(c) must be submitted S and adjusted with the Condominium Associatiqn € insurance proceeds for that loss shall be pevable to an insurance trustee designated by °o ¥& Ss A Q Q 3 ° VJ oO & oO o SOFWARE Sneath Nae sed oe mr ert A PETITE ARI OSEAN AM tice: ay niga age aia gM tod ab REIS ESRD Ra fey ote o rf 3 \ Bor pe S& OV ots, OR ied > 7 & the Board to be ne or desirable, or otherwise to the Condominggt Association, and not to any Unit Owner or lienholder. Notwithstanding the above, no mortgagee er security holder of the Common Elements having~an interest in such losses may be prohibite from participating in the settlement negotiations, gfeny, related thereto.
9 x Y © ins proceeds in trust for Unit Owners and liegpiders as their interests may appear. Subject §& Y Secgypn 10.06, Section 10.07, and Section 10.08, the eeds paid under a policy must be disbursed £f28t the repair or restoration of the damaged on Elements and Units, and Unit Ownen&nd lienholders are not entitled to receive payment of any portion of the proceeds unless there is a suyplus of
rsed £f28t the repair or restoration of the damaged on Elements and Units, and Unit Ownen&nd lienholders are not entitled to receive payment of any portion of the proceeds unless there is a suyplus of Se proceeds after the property has been complesaiperepaired or restored, or the condominium is teryithated.
. eS 10.06 Damage or Destructio ® Common Elements. Immediately after, ae damage or © written in the name of the Souci Association, the Condominium Asseetition or its duly Ss authorized agent shall proceed wit® the filing and adjustment of all claims arising Wider such insurance.
The Condominium Association shall also obtain reliable and detailed estimates of the cost of Repair or Reconstruction of the damaged or destroyed property. Any portion of the Common Elements for which insurance is required that is damaged or destroyed shall be promptly repajred or replaced by the Condominium Association s (i) the Condominium is terminated, (ii) repag + replacement would be illegal under any state or | ealth or safety statute or ordinance, or (iii) eighty percent (80%) of the Unit Owners, vote tetot rebuild. A vote to not rebuild does not inc an insurer's liability to loss payment obligation ra policy, and the vote does not cause a pregx{ption of total loss. The cost of Common Elements shall be used to restore the damaged arga to a condition compatible with the remainder este Condominium. co Se
paired or replaced, any insuranc@proceeds attributable to the damaged Common Elements shall be used to restore the damaged arga to a condition compatible with the remainder este Condominium. co Se . or Special Assessments. If the insurance Woreeds, if any, for such damage or destruction of oe any S8mmon Elements are not sufficient to defraySfie cost thereof, and such deficiency cannot anyppriated from a reserve fund as may have bao established for such purpose, the Condomi sociation may levy a Special Assessment agaist all Owners, such Special Assessment to be ih an ount sufficient to provide funds to pay sucky xcess cost of repair or reconstruction. Such QSpecial co Assessment shall be levied against the OwneR equally in the same manner as Monthly Ass&Shents are . > levied, and additional assessments may bemade at any time during or following the co tion of any cS Repair or Reconstruction. Any and al s paid to the Condominium Association nage by virtue of oO such assessments shall be held by and ‘or the benefit of the Condominium Associatiqgtogether with the s insurance proceeds, if any, for sugh’damage or destruction. Such insurance proce$is and assessments shall be disbursed by the Condominium Association in payment for such repair or reconstruction.
10.08 Damage or Destruction to Units. In the event a Unit is destroyed by or for any cause, the Condominium Association shgN be obligated to repair, restore, and rebuild th: age caused by such nine (9) months of the die of casualty. Such replacement Unit shall conform to the same condition as existed prior to such fixe’or other casualty and in accordance with all icable standards, restrictions,
(9) months of the die of casualty. Such replacement Unit shall conform to the same condition as existed prior to such fixe’or other casualty and in accordance with all icable standards, restrictions, o < S S & Se & Oo 3 3 = 2 & SOA oe 3 ow : : ne reenter arr ra ieecaescty i \ & Se ayqn49t Bk Up] oO oe & ARTICLE XI & s TAXES AND UTILITIES | assessments? d other governmental impositions lawfullPlevied or assessed with respect to such © Owner? snit. Any taxes, assessments, or other gove ntal impositions lawfully levied or assessed O with ect to the Property not separately billed to tha@wners shall constitute a Common Expense agg?
be & able by the Association. Oo Oo + s 11.02 Utilities. Each Owner shall responsible for and shall pay all electricity gharges x relating to such services used in or serving@nly the Owner’s Unit; to the extent such cftges are separately metered. Any utility charges natSo separately metered, including without limitatigoy gas, water . > and wastewater, and charges relating to services used in connection with the use and sfiintenance of © “hook up” charges under any ents benefiting the Building, entered into.gf assumed by the S Association or to which the Assdefation, the Building, or the Units are subject, ani any other charges under such agreements which are not separately billed to the Unit Owners, and the cost of any utilities
ation or to which the Assdefation, the Building, or the Units are subject, ani any other charges under such agreements which are not separately billed to the Unit Owners, and the cost of any utilities generated or provided by the Association to the Unit Owners, unless separately metered, shall constitute a Common Expense and be payakle by the Association.
g gs & ARTICLE XI & Ro CONDEMNATION Ro 12.01 cag Provisions. If all or any part of the Pagiiry is subject to a Taking, the Association and@ich Owner affected thereby shall be entitled ‘participate in proceedings incident thereto at theigyrespective expense. The Association shall giveysuch notice as the Association receives RY knowledge euch proceeding to all the Owners and to al oe Mortgagees which have requested such x notice; provided, however, that the failure of the Associatignf to give such notice shall not prejudice the VY right oB@iny Mortgagee to participate in such procegéthgs. The expense of participation in such oe proct@tings by the Association shall be a Common nse. The Association is specifically authoriz; xs tain and pay for such assistance from attorn appraisers, architects, engineers, expert ‘witne@es other persons as the Association in its discretitn deems necessary or advisable to aid or advise“t in s\matters relating to such proceedings. Any resigftion or repair of the Property following a partig aking eS possible, the original plans and apeciicagens for the Property, unless otherwise apprayg by all the Mortgagees.
s 12.02 Taking of All or S¥Sstantially All of One Unit. If a Unit (or a subStantial part thereof
ginal plans and apeciicagens for the Property, unless otherwise apprayg by all the Mortgagees.
s 12.02 Taking of All or S¥Sstantially All of One Unit. If a Unit (or a subStantial part thereof such that the remnant may not practically or lawfully be used for any purpose permitted by this Declaration) is subject to a Taking, the Owner and any Mortgagee of such Owner shall be entitled to the award for such Taking, including the award for the value of such Owner’s interest in the Common Elements, whether or not such\Common Element interest is acquired, and, afféx payment thereof, such uch Owner shall be divested of all interest ye Property. In such event, the condemned Unit’s entiy€ Allocated Interest shall be automatically realfgated to the remaining Units in proportion to the regpective Allocated Interests of those Units befgagthe Taking, unless the decree relating to the Takip§’provides otherwise. A remnant of a Unit reg§aining after part of a Unit is the subject of a Takig® described in this Section 12.02 shall be a on Element. If any repair or rebuilding of the femaining portions of the Property is required as % result of such Taking, the remaining Owners shall @termine by the affirmative vote or written congght of the remaining Owners holding not 3s less than 80% of the votes in the Association either to rebuilger repair the Property or to take such other Su action agguch remaining Owners may deem appropriate. J © repair or rebuilding shall be required, or if Ro x xv & se ¥ Ss A ge cy x aie — ~ : : x) Weteday vbaiey OSMOTIC 8 ata NA Ae tl ME LEE FONSI Ned . ee ences ictonnt Osa serenransne R R So SF oO eo none be undertakengfe remaining portion of the Property shall bs surveyed, if necessary, and this
ey OSMOTIC 8 ata NA Ae tl ME LEE FONSI Ned . ee ences ictonnt Osa serenransne R R So SF oO eo none be undertakengfe remaining portion of the Property shall bs surveyed, if necessary, and this Declaration shal amended to reflect such Taking. This De tion shall in all circumstances be amended to refledt’ the re-allocated Allocated Interests following sh Taking.
12g Partial Taking of a Unit. if only a portion off Unit is subject to a Taking, such that the remainin®s portion of such Unit can practically and lawfadty be used for any purpose permitted by this 2 Declgs€tion, the Owner shall be entitled to the award fagGtich Taking, including the award for the value sucky er’s interest in the Common Elements, ether or not such Common Element interestQs ired, and the Allocated Interest of the Unit subject to such Taking shall be reduced and the Allegated interests of the other Units shall be increased in gccordance with the Reallocation Percentage. ThaOwner x of such Unit, at its sole cost and expense a 1 promptly repair, restore, and rebuild the @nainin g \ portions of such Unit as nearly as possible afte condition which existed prior to such Tales ey 7 s Xe 12.04 Taking of Common er ents, If an action is brought to effect a T S of all or any © portion of the Common Elements iy er with or apart from any Unit, the Board of Digéctors, in addition S to the general powers set out hereiy shall have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto, or to convey such property to the condemning authority in lieu of such condemnation proceeding unless the action involves a material portion of the Common Elements in which case such decision shall be made by the affirmative vote or
e condemning authority in lieu of such condemnation proceeding unless the action involves a material portion of the Common Elements in which case such decision shall be made by the affirmative vote or written consent of the Owne Iding not less than 80% of the votes in the jation. With respect to Taking as a whole and n@ for any Owner’s interest therein. After the dpeies or awards for a Taking of the Common Eleme e determined, such damages or awards shall f-held by the Association, acting as trustee for each er, and their Mortgagees, as their interests shafPappear, and any amounts not used for repair or readStion of the remaining Common Elements, s be divided among the Owners in proportion to egch Owner’s Allocated Interest before the Takigg, except that such portion of any such award attribgible to the condemnation of a Limited Co Element shall be divided among the aa_,000 Bk i R 9 VY Owners ie Units served by such Limited Common Eleménits, as such Owners’ interests existed in the > maining Common Elements or to take such oe action as such Owners may deem appropriatgayt it is“determined that such Common Elements shoul® be replaced or restored by obtaining other Jand or Sbuilding additional structures, this Declarationgthd the Map attached hereto shall be duly amggded by co instrument executed by the Board of DirectogiBn behalf of the Owners and recorded in the e&iminium ~ ‘ oe Records. ; e FX
ures, this Declarationgthd the Map attached hereto shall be duly amggded by co instrument executed by the Board of DirectogiBn behalf of the Owners and recorded in the e&iminium ~ ‘ oe Records. ; e FX & 12.05 Taking of Several Ungs. If an eminent domain proceeding results ae aking of all or Ss part of multiple Units, then the e and awards for such Taking shall be determinda and paid for each Unit as described in Sections 12.02 and Section 12.03 of this Declaration, and the following shall apply: (a) the Association shall determine which of the Units damaged by such Taking may be practically and lawfully used for any purpose permitted by this Declaration, taking into account the nature of the Property and the reduced size of eachnit so damaged; (b) if the remaining Ownerg\shall determine by the affirmative vote or written nt of the remaining Owners holding not less, 80% of the votes in the Association, with the wrifigh consent of 51% of the Mortgagees, that it is}aot reasonably practicable to operate the undamaged Onits and the damaged Units which can be pragt{dully and lawfully used for any purpose permitted this Declaration as a condominium projec the manner provided in this Declaration, then Property shall be deemed to be regrouped ayfinerged into a single estate owned jointly in undivided interests by all the remaining Owners, as tenants-in-common, in the percentage of the Allocated Intapt of each Owner (after reallocation in acog@ince with the procedures described in Section 12.Q?'and Section 12.03 of this Declaration); and (Q/if the Condominium is not so terminated, eo then the.@mages and awards made with respect to each Ler which can be practically and lawfully used NG es x & 2° Ss \ ge x OG WV
Declaration); and (Q/if the Condominium is not so terminated, eo then the.@mages and awards made with respect to each Ler which can be practically and lawfully used NG es x & 2° Ss \ ge x OG WV aria ~raerwonaicteemerenny ete ntenanyicnstcshatematsenenenneaat ST ey ORE SA, es Saar oe x CS . N e > a or Bk Vol ‘ ov WO YI120916 OR inggs for any purpose peftftted by this Declaration shall be applied to gPair and reconstruct such Unit as provided in Secti 12.03 of this Declaration. If the cost of such exceeds the amount of the award, the additional futtds required shall be assessed pro rata against the ers of those Units which are being repaired or structed. With respect to those Units which ay not be practically or lawfully used for any purpo rmitted by this Declaration, after payment of th award, such Owner and any Mortgagee of & Inte hall be automatically reallocated to the remajga® Units in proportion to the respective aa Intaspsts of those Units before the Taking, unless the@&cree relating to the Taking provides otherwi ant of a Unit remaining after part of a Unit Qohe subject of a Taking, if the remnant of suck ait cannot be practically or lawfully used for any puyposed permitted by this Declaration, shall be a Common x Element. if any repair or rebuilding of the reg@ining portions of the Property (other than Uni ich can x be practically and lawfully used for any pugpdsed permitted by this Declaration) is requi a result of . Ro such Taking, the remaining Owners shaf determine by the affirmative vote or writtengpOnsent of the
uch Taking, the remaining Owners shaf determine by the affirmative vote or writtengpOnsent of the Ss rebuilding shall be required, or iMnone be undertaken, the remaining portion of the Property shall be . resurveyed, if necessary, and this Declaration shall be amended to reflect such Taking. This Declaration shall in all circumstances be amended to reflect the re-allocated Allocated Interests following the Taking.
12.06 Complete The of Property. If all of the Property is thedsubject of a Taking, all damages and awards shall eld by the Association, acting as trustee, for tig’ accounts of all the Owners and their Mortgagees, ag@reir interests shall appear, and shall be paid to r the accounts of the Owners in proportion to theirgaWocated Interests and this Condominium shall tggMfinate upon such payment.
9° o 12.07 Rpment of Awards and Damages. Any damageads awards provided in this Article XI to be paid to onfor the account of any Owner by the Associationyacting as trustee, shall be applied first to the payme it any Governmental Impositions past due ain with respect to that Unit; second, to S&F any Priorigy’Lien Indebtedness on that Unit; third, to the paytent of any Assessments charged to or made \ againstaft Unit and unpaid; and finally to the Owner. . > ‘ ov & 12.08 Association as Attorney-in-Fact. Owner, by acceptance of a deed to a Unit, haseby Mvocably makes, constitutes and appoints the Association, and each and every one of its successofs in s\interest hereunder (which appointment shall deemed a power coupled with an interest) such
haseby Mvocably makes, constitutes and appoints the Association, and each and every one of its successofs in s\interest hereunder (which appointment shall deemed a power coupled with an interest) such co Owner’s true and lawful attorney-in-fact, P and in such Owner’s name, place and stea¢-upon the . > condemnation of the Condominium, or an part thereof, or upon any determination by thes ers made WC & pursuant to this Article XII. to @hy and all actions, and to execute and delixér any and all ° instruments, as the Association may,gq its sole and absolute discretion, deem neces or advisable to power and authority to do and perform all and every act whatsoever requisite or necessary to be done in and about the premises as fully, to all intents and purposes, as an Owner might or could do, hereby ratifying and confirming whatsoever the Association may do by virtue hereof. The Association is hereby authorized, in the name andn behalf of all Owners, to do and perform,@l! actions necessary or appropriate to effect the inggend purposes of this Article XII as aforesaid, oO execute and deliver all instruments necessary or ie dental to any such actions. . > O WO x eS °o © Ss S Lo Oo Wo & nk & & © s S Ss Ss ay x SR wmastaed sat oes NN entre SHA RM RORP SHOAL ama ne aceite ISAO SAO ASA RIOR mY SAIN A Rb Di EAR RTO RS CR Nag aE EWA RIN Re OA ater SPE EDR SINR LTA St ; a SSRIS AceE TI sea ne os stag bar MM BSCE DE ha dA he end MER ganic the Units. RY RY - Bor Bk ¥ : > CG > od oO x ARTICLE XII & se ADMINISTRATION S 13.0 ig Duties and Powers. The Condominium Aeon may exercise any right or privilege
end MER ganic the Units. RY RY - Bor Bk ¥ : > CG > od oO x ARTICLE XII & se ADMINISTRATION S 13.0 ig Duties and Powers. The Condominium Aeon may exercise any right or privilege given to it E&P ssly by this Declaration or by law, together every other right or privilege reasonably to be implied from the existence of any right or privilegdgiven to it herein or reasonably necessary to effecty@e any such right or privilege. Such duties mages tude, but shall not be limited to, arranging wi.
Gaveeeiennal agencies, public or private utilities, or gfhers, as a Common Expense or by billing dire 3 13.02 Agreements. All agreem&ats and actions lawfully authorized by the Setonsilinen Association shall be binding upon all E rs, their heirs, legal representatives, successopsPand assigns, and all others having an interest in the@roperty or the privilege of possession and ego of any part of the Property; and in performin responsibilities hereunder, the Condomini ssociation, shall have the authority to delegate to ons of its choice such duties of the Condomintim Association as it may determine, including, without limitation the Managing Agent. In furtherance of the foregoing and not in limitation thereof, the Condominium Association may obtain and pay for the services of any Person to manage its responsibilities hereunder or any part thereof, to the extent it deems advisable, as well as such other personnel as the ominium Association shall deem necessary @esirable for the proper operation of the Propertg9 whether such personnel are furnished or C@hployed directly by the Condominium Associatiq or by any Person with whom or with whig? it contracts. All costs and
for the proper operation of the Propertg9 whether such personnel are furnished or C@hployed directly by the Condominium Associatiq or by any Person with whom or with whig? it contracts. All costs and expenses incident to s’employment of the Managing Agent or any r manager shall be a Common Expense. During erm of the management agreement with Mana§ing Agent, the Managing Agent is for the performance of all the duties of the Condominium Assqciation. The Managing Agent may be bonded in eh a manner as the Condominium Association require, with the cost of acquiring any such bonds be a Common Expense. In addition, the Condéminium Association may hire and contract eo 9° VY A Q 3 VY for, sugodegal, accounting, and other professional seryiggS as are necessary or desirable in connection, > with ste operation of the Property or the enforcement QPhis Declaration, or the rules and regulations. 3 13.03 Personal Property and Real Property for Common Use. The Condominium Association s\nay acquire and hold tangible and intangible nal property and real property and may dis f the © N & WO cS ° Ss same by sale or otherwise. All funds receic& and title to all properties acquired by the Coeminium Association and the proceeds thereof, aftes deducting therefrom the costs incurred by the @ndominium Association in acquiring or selling thegtne, shall be held by and for the benefit of tyeCOwners. The shares of the Owners in the funds andggsets cannot be individually assigned, hypothecaQ, or transferred are appurtenant to such Unit.
ARTICLE XIV
individually assigned, hypothecaQ, or transferred are appurtenant to such Unit.
ARTICLE XIV ASSESSMENTS FOR COMMON EXPENSES 3 ° ssessments. The assessments for Common enses provided for herein shall be used for the ral purposes of promoting the health, safety, Welfare, common benefit, and enjoyment of the O s and Occupants of the Units, and maintainipggthe Property and improvements therein. s s 14.02 sYayments by Declarant. Until the Condominiygg'ssociation makes a Common Expense 8 Declarant shall pay all the expenses of the CH lominium as the expenses accrue. From Assessment 9 the date, e initial Assessment until Turnover, or thregpears from Declarant’s first conveyance of a ~O WO & & & 240 Ss S \ co See ee ASA an cA OE oA 3. AGNI Senate see renee “EY iN RSH ae FEN he AR a eR RD Wea MSIE CHI®, '~ 4 co %, S S R R 9° 9 saga BOE Bk > - B1120916 OR inego 233 Unit, whichever is eather, Declarant shall have the option, in its sole Seton, to (i) pay Assessments on the Units as to whi it is the Owner, or, (ii) fund any deficit in the @Smmon Expenses of the Association Ss by virtue of payitg the difference between the Monthly AssessmenYand the total of the Assessments paid by Unit Owngghother than Declarant. gS , 3S ° co 9° . vs Computation of Monthly Assessments, ww shall be the duty of the Condominium > seer to annually, at least thirty (30) days prior gen annual meeting, prepare a budget covering estigytted Common Expenses during the coming yeay* such budget to include a capital contributio e account if necessary for the capital needs e Property. The Condominium Association Shall
dget covering estigytted Common Expenses during the coming yeay* such budget to include a capital contributio e account if necessary for the capital needs e Property. The Condominium Association Shall aorts a copy of the budget and the proposed total of the Monthly Assessments to be levied againgt Units fe) or the following year to be delivered to each GRner at least fifteen (15) days prior to such m ag. The WV budget and the Monthly Assessments shall fetome effective unless disapproved at the meetigty by a vote . oe of a majority of the Owners who are vot in person or by proxy at such meeting. Notyyffistanding the Xe foregoing, in the event the proposed butet is not approved or the Condominium Associfion fails for any © reason to determine the budget for, af succeeding year, then and until such time budget shall have S been determined as provided here the budget and Monthly Assessments in effesior the then current year shall be increased in proportion by the greater of either ten (10%) percent of the budget and assessments for the previous year or by the percentage increase, if any, over the previous year’s Consumer Price Index (all Urban Consumers, United States City Average, All Items 1967=100), or its successor index, and such increased budge shall be implemented for the succeeding ye til a new budget shall have been approved as pro¥igted above. Commencing on the first day of th ed covered by the annual budget, and until the adaption of the next annual budget, the Assessmen ll be allocated so that each Owner shall pay his gsrata portion of Monthly Assessments, Special e$essments, and reserves, if any,
hall pay his gsrata portion of Monthly Assessments, Special e$essments, and reserves, if any, denominator of which is the total number of Units in the Propsdy conveyed to Owners. Except as YE hereinafter speaified to the contrary, Monthly Assessments, Spycial Assessments and reserves, if any, \ shall be alloted equally to each Unit. Each Owner shall be gested for each Unit purchased. SX 7 7.04 Types of Common Expenses. The Cosfion Expenses to be funded by the Monthly, Sb Asseg@ihents may include, but shall not be limited to, KE Tollowing: 3 S (a) administration fees ang “Expenses of administration, including legal and accounting fees; & R yy Ro (b) charges for com@on services for the Units and Owners, ingdding trash & collection, a recreational use fggyermitting access to the swimming and tennis ggeds and facility O° area, basic cable television, in@ et, telephone, water, sewage, gas, and pest cqftol; Ss Ss (c) the cost of any policies of insurance purchased for the benefit and protection of all the Owners and Units as required or permitted by this Declaration, including fire, flood, and other hazard coverage, public liability coverage, and such other insurance coverage as the Condominium Associggion determines to be in the interests of the Ownegs fe) 9 (d) {i expenses of maintenance, operation, and rePair of facilities serving the Property, the tenance, operation, and repair of which the dominium Association or the Managing agin time to time determines to be in the regGioes of the Owners; ey the cost of operating and monitoring the Community Control System, if any, 4 withigQe Property; x x GO © > 2 eS ce ge o i cS o x & s s
to time determines to be in the regGioes of the Owners; ey the cost of operating and monitoring the Community Control System, if any, 4 withigQe Property; x x GO © > 2 eS ce ge o i cS o x & s s A cin ee NAR ARS, AEA A ROSANA fe MASON SE i INANE SAC ARN ca an 1 RSI ioe we Qos Bae Sates Seat soap Aha gehen te cede = eae on fr a R SP SP N ~ Oe oP (f) such other expenses as may be decal from time to time by the in Condomi om Association to be Common Expenses, in , without limitation, taxes and governmental charges not separately assessed against Units?
\ VY (g) damages to the Property in excess oofisurance coverage; VY Se (h) all reserves, if any, establishagsby the Condominium Association, regardless ee & when reserve funds are expended; & © Ss S Ss RY (i) all costs and expenses xglating to Assessments and other maintenance e&penses ° attributable to any Units acquired by t§&Condominium Association; DS NS Ww Ny . oe (Gj) any unpaid sha? of Common Expenses or Assessments exthiguished by & foreclosure of a superior lien Rey deed in lieu of foreclosure; 3 S (k) all atta S panses that may be duly incurred by the Cond¥fainium Association and Managing Agent from time to time in operating, protecting, managing, maintaining and conserving the Property and in carrying out its duties and responsibilities as provided by the Condominium Act, this Declaration, the Certificate of Formation, or the Rylaws; x 5 r¢)) and all expenses that may be duly incyfeed by the Condominium agreements, sharing agreements, easement agreements, asuse agreements by and between the Condage@tinm Association and the Golf Club Owner; ange
agreements, sharing agreements, easement agreements, asuse agreements by and between the Condage@tinm Association and the Golf Club Owner; ange \(m) any and all assessments, charges, aqyer sums payable to the Condominium Asg@iation pursuant to, and in accordance with the R& ation.
‘ 05 Deficit. In the event Common Expens a estimated in the budget for a particular face yeargre, after the actual Common Expenses for that ‘od are known, less than the actual costs, then qerence shall, at the election of the Condomigifin Association: (i) be added to the calculatignSof onthly Assessments for the next ensuing fiscal year; or (ii) be immediately collected from the Qwners ges a Special Assessment. The Fondominiuae sociation shall have the unequivocal right ee ially assess Owners retroactively on January 1st &Pany year for any shortfall in Monthly Assess » which > Special Assessment shall relate back to ate that the Monthly Assessments could have ee No & vote of the Owners shall be required f@Sich Special Assessment (or for any other Assent except to S Expenses. S Ss 14.06 Special Assessments. In addition to the Monthly Assessments authorized above, the Condominium Association may levy, in any assessment year, Special Assessments for Common Expenses, applicable to that only. The Declarant may make such SpeciaSXssessments payable in installments over a period whe may, in the Condominium Association’s digStetion, extend in excess of the fiscal year in which dopted. Such Special Assessments are to begyrorated among the Units as provided with respect Monthly Assessments. ra
Condominium Association’s digStetion, extend in excess of the fiscal year in which dopted. Such Special Assessments are to begyrorated among the Units as provided with respect Monthly Assessments. ra 14.07 igufSidual Assessments. Any expenses occasioned\py the conduct of less than all of the Owners or by the family, tenants, agents, guests, or invitees of.any Owner shall be specially assessed against such gbrer and their respective Units. The IndividugQssessments provided for in this Section 14.07 ata levied by the Condominium Association Gie amount and due date of such Individual Assessmpg@ so levied shall be as specified by the Condonggtim Association.
es Xe °o 2 3 s & Ss RY se se es pen cre er sesame PERE tt teat NA Se HR RT SAO ASI AUSF 2 on te RNR A AMEE TARE He I ren Bete BtSigg smn el ee TaN te aR tee ant AT ome sea eat — @ “aon woth oserern ote Fg 234 e OS Oo ge Se a Oo se co PREM r ee SR Sat 28 Be AIO ABD: DSK SPAR naga oi ‘ 4 9 i . ~ > si WAP son hintaan seep Mrene peccnacenvereare ov nce sa ear eign enemy pce tra on etek le Special Assessmey®- Ss S 4 14.135\Assessments on Additional Property. Upon addition of the Additional Property or 3S any portionMthereof to the Property, the Units being to the Property shall thenceforth pay ce WO nO nw i cS x of Xe of S Ss Ss \ @ g S S g & S CS 4,90, BK Vol p 14.08 Desiffiation. The designation of Assessment type shell be made by the Condominium Association. Ss s Ss
nO nw i cS x of Xe of S Ss Ss \ @ g S S g & S CS 4,90, BK Vol p 14.08 Desiffiation. The designation of Assessment type shell be made by the Condominium Association. Ss s Ss 14.09\ Date of Commencement of Monthly Assessrngh. The Monthly Assessments provided 3S for herein @F& 1 commence as to each Unit on the date on veh such Unit is conveyed to a Person other ce than De: it and shall be due and payable in such manger and on such schedule as the Condominium. > Assog@tion may provide. Except as provided in Sect) 15.02 herein, Declarant shall be responsible co the @ayment of Monthly, Individual, and Special gtssessments on Units which it owns. Mong &Sessments and any outstanding Special Asses ts shall be adjusted for such Unit according ‘the number of months then remaining in the year aud the number of days then remaining in the month in which such Unit is first conveyed. Se Se 14.10 Reserves. The Condomp(im Association may, but is not obligated to, ar Dily prepare a estimated useful life of each asset af the estimated, repair and replacement cost. Sern: budget is established, the Declarant shall s@Dthe required reserve contribution. The reserveeontribution required shall be fixed by the Condominium Association and included within and distributed with the budget and Common Expenses. The reserve budget may, if funded, be used by the Condominium Association to fund capital replacements, capil additions, and capital repairs.
A IF RESERVES ARE EgPRBLISHED, NEITHER THE CONDOMINGA ASSOCIATION NOR DECLARANT SHALQ BE UNDER ANY OBLIGATION TO .QYND OR PAY RESERVE CONTRIBUTIONS OTHING IN THIS SECTION OR THIS DE@PARATION SHALL REQUIRE
RESERVES ARE EgPRBLISHED, NEITHER THE CONDOMINGA ASSOCIATION NOR DECLARANT SHALQ BE UNDER ANY OBLIGATION TO .QYND OR PAY RESERVE CONTRIBUTIONS OTHING IN THIS SECTION OR THIS DE@PARATION SHALL REQUIRE THE CONDO ASSOCIATION TO COLLECT OR ASSE§S FOR CAPITAL RESERVES. IF , COLLECTEQ WILL BE SUFFICIENT FOR ANY OR ALL CAPITAL REPLACEMENTS OR x | REPAIRS IT IS LIKELY THAT SPECIAL ASSESSWRENTS MAY BE NECESSARY. IF ANY _ 6 CONPR#TIONS, ANY RESERVES SHALL BE APRS8ED TO REMEDY ANY CONDOMINIUM ¢?
ASSOCIATION OR DIRECTOR LIABILITY.
o o © S 14.11 Initial Expense Fund. The Declabaht has established a capital fund for the operattoh of Unit from Declarant at the time of conven of each Unit an amount equal to two (2h mths of Monthly Assessments. The Initial Expens> und shall be used to reduce the deficit that might otherwise be funded by Declarant or for any oth oses deemed appropriate by Declarant. T @tal amount of such funds and interest accrued thesfon, if any, shall be a set-off against any ts payable by Declarant. Amounts paid into theSfitial Expense Fund are not to be considered agyfdvance payment of Assessments and may be used by the Declarant for any valid purpose in connection with the Property.
Notwithstanding anything herein to the contrary, Declarant shall have the option to waive contributions to the Initial Expense Fund.
14.12 No Obligati 0 Fund Reserves. Notwithstanding ay the contrary in this Declaration, Declarant skaH’ have no obligation to fund the Condomini ssociation Initial Expense Fund, capital replaceniotts, capital repairs, capital additions, or resexees of any kind. Any capital
s Declaration, Declarant skaH’ have no obligation to fund the Condomini ssociation Initial Expense Fund, capital replaceniotts, capital repairs, capital additions, or resexees of any kind. Any capital replacements, capi pairs, or additions shall be funded through SServes that may be collected or co Ss N Lo ge N Lo & »S Condominium Association, the Monthly Asseggments shall be paid at the beginning of each th as co meen ies sin ion htc aceon Sosa Hobetp RA aA dla LST hahaa SOROS ti lb ddA ro nsacamomnecnvenea wii 2H8Es BR 10d8$ 3 & ge OG VY > 3 © WO budget shall be accostfingly revised by the Condominium Association Without the necessity of approval by the Owners, toigGlude Common Expenses and Assessments relate o such additional Units. se Associatiog O the Owners, as well as any other meetingc@Red for the purpose of taking any action, co shall be spat to all Owners not less than fifteen (15) days, Bmore than forty-five (45) days in advance of . > nO such péetings.
s ARTJSLE XV RS) 4 CONDOMINIUM ASSOCTATION’S LIEN FOR ASSESSMENTS i, Q Q 15.01 Creation of Lien and Perscfasl Obligation of Assessments. Each Owner oft Unit, by acceptance of a deed or other conveyancefhereof, whether or not it shall be so expressed jx@such deed or Assessments" to be established collected as provided in Section 14.03 hggeof, (b) "Special Assessments" to be established collected as provided in Section 14.06 hérof, (c) "Individual Assessments" against any particular Unit which are established as provided in Section 14.07 hereof,
Special Assessments" to be established collected as provided in Section 14.06 hérof, (c) "Individual Assessments" against any particular Unit which are established as provided in Section 14.07 hereof, including, but not limited to, fines as may be imposed against such Unit in accordance with this Article XV and XVII. Any such Assessments, together with late charges, accrue simple interest at the rate of eighteen percent (18%) per aghum or the maximum interest rate allowed bygite laws of the State of Texas, whichever is lowe¢,Oand court costs and attorneys’ fees inc enforce or collect such Assessments, shall be anpquitable charge and a continuing lien upon thQUnit, the Owner of which is responsible for paymga? Each Owner shall be personally liable for Aggetamients coming due while he is the Owner of a UniO‘and his grantee shall take title to such Unit © yject to the equitable charge and & any amounts paid by such grantee therefore; provided, however, she lien for unpaid Assessments shall not RY P apply to the a er of any first priority Mortgage or to the hoker of any Mortgage securing a loan made x by Declarght, its affiliates, successors, or assigns, and whgtakes title to a Unit through foreclosure or VY sale. ff the event of co-ownership of any Unit, all of co-Owners shall be jointly and severally liab fe gt entire amount of such Assessments. ssa shall be paid in such manner and on such e may be fixed by the Condominium Associativn, provided that unless otherwise provided by’the
y and severally liab fe gt entire amount of such Assessments. ssa shall be paid in such manner and on such e may be fixed by the Condominium Associativn, provided that unless otherwise provided by’the established, or may be paid for an entire c ‘ar year in one payment, in accordance with cP policies and procedures established by the Condomygium Association. x © WO 15.02 Requirement to Pa essments. No Person may waive or a himself from liability for Assessments, iggtiding, by way of illustration and not limitagipn, by non-use of Common Elements or abandonment of his Unit. The obligation to pay Assessments is a separate and independent covenant on the part of each Person liable for the payment of Assessments, and the Condominium Association has the right to require an unconditional personal continuing guarantee from a principal of an entity that owstg a Unit. Assessments will be due and payaklk during any period of suspension of use of all rtions of the Common Elements. The of any Unit subject to Assessment, by acceptance ta deed therefore whether or not it shall be expxeSsed in any such deed, shall be deemed to covenantgpfid agree to pay the Assessments and such obkations shall be binding on all subsequent purchasefof such Unit. No diminution or abatement ssessments or set-off shall be claimed or alloweqy reason of any alleged act or omission of De t, the Condominium Association or the Managing Agent to take some action or perform some functiOn required to be taken or performed by Declarant, gf Condominium Association or the Managing nt, or for inconvenience or discomfort arising from he making of repairs or improvements which(fe the responsibility of the Declarant, the Condora gum Association or the Managing Agent, or frogyany action taken by Declarant in connection ..
rising from he making of repairs or improvements which(fe the responsibility of the Declarant, the Condora gum Association or the Managing Agent, or frogyany action taken by Declarant in connection ..
ge ae Oo & CS ..Bor Bk Vol HLI2N916 OR inéey \ ge x oe & with the developmen§6f the Property or from any action taken to comp with any law, ordinance, or with any order or cine of any municipal or other governmental authonty.
15.03. 5‘Superiority of Liens. Such liens shall be supergg¥ to all other liens and encumbrances on such Unit oper only for: (i) liens of ad valorem taxes an er governmental assessments or charges co sums gGfaid on a Mortgage or on any Mortgage to 7 t, or its affiliates, successors, or assigns, Y all unts advanced pursuant to any such Mortgage secured thereby in accordance with the ome instrument. Notwithstanding the foregoing She contrary, the subordination of assessmen d charges to the lien of such Mortgages shall only apply to such assessments and charges that have become x ue and payable prior to a foreclosure or conyQance in lieu of foreclosure. All other persons @equiring X liens or encumbrances on any Unit after thisDeclaration has been recorded shall be deemed™o consent & provided herein, whether or not suckPrior consent shall be specifically set forth isthe instruments creating such liens or encumbrances < SS S S 15.04 Effect of Non ent; Remedies of the Condominium Association. Any Assessments or charge of an Owner or any portions thereof which are not paid when due shail be delinquent. Any
cumbrances < SS S S 15.04 Effect of Non ent; Remedies of the Condominium Association. Any Assessments or charge of an Owner or any portions thereof which are not paid when due shail be delinquent. Any Assessment or charge delinquent for a period of more than ten (10) days after the date when due shall incur a late charge in an am as may be determined by the Condominium @8sociation from time to time and shali also commer€$to accrue simple interest at the rate of eightee ent (18%) per annum or the maximum interest ratdallowed by the laws of the State of Texas, wigthever is lower. A lien and equitable charge as hggeth proved for each Assessment or charge shall gtich simultaneously as the same shall become due an®payable, and if an Assessment or charge has n n paid within thirty (30) days, the entire unpaidSbalance of the Assessment or charge may > accelerated at the option of the Condominium Association and be declared due and payable in{ull. The continuing lien and equitable charge of ut Assessment or charge shall include the lag Phares established by the Condominium Aseociatinge atest on the principal amount due at the rate of eighteen percent (18%) per annum or the maximyge interest rate allowed by the laws of the Stat’ of Texas, whichever is lower, all costs of, colleggn (including reasonable attorneys' fees and costs), and any other amounts provided Pp ed hereunder or by law. In the event that the 48sessment or charge remains unpaid after sixty days from the original due date, the Condominium Association may, institute suit to collect such amotints Sind to foreclose its lien. The equitable charge lien provided for in this Article shall be in faveof the co Condominium Association, and each Owner $Y his acceptance of a deed or other conveyanag@o a Unit
to foreclose its lien. The equitable charge lien provided for in this Article shall be in faveof the co Condominium Association, and each Owner $Y his acceptance of a deed or other conveyanag@o a Unit eS vests in the Condominium Association ands agents the right and power to bring all actio ainst them & OS o personally for the collection of such ments and charges as a debt and/or to foreclas}the aforesaid x , O° lien in the same manner as other liggs for the improvement of real property, inc g non-judicial Ss foreclosure pursuant to Chapter SKYY the Texas Property Code, as may be amendedgfrom time to time; and such Owner hereby expressly grants to the Condominium Association the right of private power of sale in connection with such lien. The Condominium Association shall have the power to bid on the Unit at any foreclosure sale and to acquire, hold, lease, mortgage, and convey the same.
s\ 3S 15.05 Certificate. Re Condominium Association shall, within (a (10) days of a written request and upon paymexf of such fee as is from time to time dete: ed by the Condominium Association, furnish to, ay Owner or such Owner's Mortgagee which reqhests the same, a certificate in writing signed by theSondominium Association setting forth whethesthe Assessments and charges for which such Dames responsible have been paid, and, if not paid, theSutstanding amount due and owing, together with all ffhes, accrued interest, and other penalty charges.~ Such certificate shall be conclusive evidence bindagh all but such Owner of payment of any aie nts and charges stated therein to have -1 -O 9° been paid, GC “ VY oF oe oe s s s S\ S S & s & ~
Such certificate shall be conclusive evidence bindagh all but such Owner of payment of any aie nts and charges stated therein to have -1 -O 9° been paid, GC “ VY oF oe oe s s s S\ S S & s & ~ serene Nee HA A AER OY ate toninonantutaianeynatenantsteename ey Meters SUR SieastbR dN end Ee mas eccy oi SAO SCA abi SCs gt a Qp EPS ORR te late abe a SNR OVE eo aw ww . Lige ad i “ \ 1120916 OR inged Ss Q Ce Ce & ARTICLE XVI & USE RESTRICTIONS s USE RESTRICTIONS s Ss 16.01 SSUse of Common Elements. Owners shall not repre any structural additions or alterations 3S (except theeSSttion or removal of non-support carrying interfer partitions located wholly within Units). co The Coyyppon Elements shall be used only for furnishing, othe services and facilities for which they are .
reaso suited and which are incident to the use an Cupancy of Units. No Owner shall obstruct the.
in in or on the Limited Common Elements whish would be unsightly or hazardous. No Owner Sill allow any rubbish, refuse, garbage or trash to agcumulate in places other than the receptacles provided x erefore, and each Unit and the Limited C on Elements shall at all times be kept in a efean and x sanitary condition. Local recycling program$4 all be enforced. Garbage shall be disposed of ftrough the oe kitchen garbage disposal so far as possipbl@ and the remainder, along with bottles, cans, 2 other trash © No Owner shall make use of the Ligttted Common Elements in such a manner as ridge the equal S rights of the other Unit Owners ent! to their use and enjoyment.
© No Owner shall make use of the Ligttted Common Elements in such a manner as ridge the equal S rights of the other Unit Owners ent! to their use and enjoyment.
16.02 Nuisances. No portion of the Units or Limited Common Elements shall be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or - material be kept on any pogidn of the Units or the Limited Common Elem appurtenant thereto that will emit foul or obnoxi@is odors or cause any noise or other condition Ghat will or might disturb the peace, quiet, safety, gemifort, or serenity of the occupants of surroug@mg properties. No noxious or offensive activity s be carried on in any Units, Limited Commo lements or other portions of the Property, nor shal)nything be done therein which may be or me an unreasonable annoyance or s q nuisance to any Owner. The Board shall have the right tq determine if any equipment, fixture, icra Meters or activity producing such noise or ot constitutes a nuisance. In particular, no ° Unit Owngshall play (or permit to be played in its Unit'dr in the Limited Common Elements) any VW musical sfistrument, phonograph, television, radio or theAike in a way that unreasonably disturbs or, oe anno<other Unit Owners or occupants. No vocal or Setrunental practice is permitted during the ho ne 10:00 p.m. through 9:00 a.m. Additional, ere shall not be maintained therein any plags, als, devices or things of any sort whose activities or existence is in any way noxious, dangefOus, s\nsightly, unpleasant, or of a nature that may digfinish or destroy the enjoyment of the Units, or é other
evices or things of any sort whose activities or existence is in any way noxious, dangefOus, s\nsightly, unpleasant, or of a nature that may digfinish or destroy the enjoyment of the Units, or é other co portions of the Property. No outside burning? wood, leaves, trash, garbage, or household ref? shall be eS permitted within the Property. No activiggspecifically permitted by this Declaration shall de deemed a & nuisance. & < s °o ° 16.03 Air Conditionin Sts. No window or wall mounted air conditi units which are g visible from outside of the Unit may be installed in any Unit.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DECLARATION, EACH OWNER AND THEIR ENTS, GUESTS AND INVITEES Nays THE PROPERTY ACKNOWLEDGE AND TREE THAT PERMITTED USES OF NDITIONING UNITS INHERENTLY INVOLXESOME LEVEL OF NOISE AND THAT SU: OISE, IF ANY, SHALL NOT BE DEEMED ONSTITUTE A NUISANCE IN ANY MA 16.04 GopTourse Areas. Owners of Units adjacent to tego Club Property, as well as their families, tenants, guests, invitees and pets shall be obligated to, refrain from any actions which would distract the playing qualities of the golf course. Such prohibite ivities shall include, but not be limited to, permitt@gz dogs or other pets to interfere with golf co play due to their loud barking or other OG > eS § 30 gs Ss go oo S S ) s& se sx sin ccna Non nce treme scene ape SA nen emmnasceeenenatceiitimntet mteenn marin wmntricery ll Netecssameenchs mine at at wt N Lo & Ss ° oO ge Ay 3 3 .,.405 Bk OG 4 4 MLLQ91G Ok ioegs x x oO oO > oO Oo CO actions, running, bic g or walking on the golf cart paths and fgf'vays, picking up balls, or like interference with : s with the regigenits, lessees and guests living in compatible ceRistence with other financially responsible CG
lking on the golf cart paths and fgf'vays, picking up balls, or like interference with : s with the regigenits, lessees and guests living in compatible ceRistence with other financially responsible CG persons spo are of like mind and acceptable both in chgracter and comportment. This objective is . > consi to be both important and justified because oe necessity of sharing facilities and because of Co the lage personal financial investment of each OwneroTherefore, other than those leases entered into &S arant, the leasing of the Units by Owners shall Ys Subject to the following provisions: S (a) Any and all lease agfthen between an Owner and a lessee of suegQOwner shall (i) be in writing; (ii) be for regjdential purposes, (iii) be for not less than the entigsUnit, (iv) be for a minimum of one-hundr Ywenty (120) days; (v) be approved by the Manébing Agent, (vi) comply with all governmes§al laws, rules, ordinances and regulations; and (QS) otherwise be in compliance with the rulegq@nd regulations as may be promulgated and pukigshed from time to time by the Managing Agent or the Board of Directors. Any lessee or tenanMShall in all respects be subject to the terms and conditions of this Declaration, and the Rules and Regulations adopted hereunder. All Limited Common Elements appurtenant to a Unit may be leased only in connection with the | of such Unit. The Owner shall provide the Copdominium Association with an executed we of each lease shall be submitted to the Se lominium Association promptly following ecution. VY O ~& (b) x) y lessee of a Unit must adhere to all prg@ftions of this Declaration, the Certificate ormation, the Bylaws, the rules and regulationgof the Condominium Association,
y following ecution. VY O ~& (b) x) y lessee of a Unit must adhere to all prg@ftions of this Declaration, the Certificate ormation, the Bylaws, the rules and regulationgof the Condominium Association, the Managing Agent, the Golf Club Plan, together with aiDéxhibits and appurtenances thereto, and Ghvona applicable provisions of any other agreemignt, document or instrument governing the dominium or administered by the Condom} Association or any other applicable pgabfnmental law, rule or regulation. Owners wae lease their Units shall be jointly and Swhich is required by the Condominium AssocjMton to affect such repairs or to pay any claim fe "injury or damage to property caused by or fitch is the responsibility of such lessee. All koe must provide that the lessee shall be subject in all respects to the terms and provisions of 3 Declaration, and shall provide that thgWondominium Association shall have the ri i) to terminate the lease upon default Wythe tenant in observing any of the provisi of the Declaration of Condominium, the ificate of Formation or Bylaws, the rules and.gepulations of the Condominium Association geSiny other applicable provisions of any ge document or paid > s (ii) to collect all rental pays@hts due to the Owner and to apply same agains Assessments if, and to the extent that, the Owner is in default in the payment of Assessments.
16.06 Lighting. Except for seasonal decorative lights, which may be displayed between Thanksgiving Day and Janu 0 only and in compliance with any regulation’ of the Condominium
payment of Assessments.
16.06 Lighting. Except for seasonal decorative lights, which may be displayed between Thanksgiving Day and Janu 0 only and in compliance with any regulation’ of the Condominium Association promulgated wif@‘respect thereto, the use and nature of all ior lights and exteriorelectrical outlets must be get approved in writing by the Condominium AS persion.
WO 16.07 Use Balconies, Patios, and Porches. No grilles, firgpits, or electric, gas, charcoal, or other fire-based c g device are permitted to be used on any bakSny, porch, patio, or other Limited Common Element of a Unit. No whirlpools or hot tubs are perpu ed on the balcony, patio, porch, or other Limited on Element of a Unit. Ce) ° ce co ~ oF Ry es ye co x 16.05 gheases The purpose and objective of this Sectg& is to maintain a first class community ay 4 seg Ag sponses oneness nes Mane aaa ney esti Hestepn asian eget, stn yap pe cme a ee SF °o = ey ge °o = ~O ge 3 gvverruled, canceled, or modified by the Condorggaium Association or the Managing Agent.
° .,,.foc Bk ¥ Dil20914 OR 168 Se OG . Ro oe 16.08 Hazagius Substances. No flammable, combustible, & explosive fluids, chemicals or other substances e kept in any Unit or Limited Common Elem ae except such as are generally used for normal househld purposes. No electric, gas, charcoal or othecooking device intended for outside ithin the Unit.
egw 8 use is permitt 9 809 Fireplaces. No alterations, modificationsger enhancements of the fireplaces within a.
any other change of any nature that would a e fireplace’s compliance with applicable fira,© ety codes and ordinances are permitted. ° s Unit, d and § © 16.10 Subdivisions. No Owner shall diyide or subdivide a Unit for purpose of sale. A R
uld a e fireplace’s compliance with applicable fira,© ety codes and ordinances are permitted. ° s Unit, d and § © 16.10 Subdivisions. No Owner shall diyide or subdivide a Unit for purpose of sale. A R 16.11 Relief by Condominium Socistion. The Condominium Association s Wave the power (but not the obligation) to grant 1 in particular circumstances from the provisigg® of specific restrictions contained in this Article for good cause shown as determined by tig ondonninium Association in its sole discretion. & S Ss Ss 16.12 Effect on Declarant. Subject to the following exceptions, the restrictions and limitations set forth in this Article XVII shall not apply to Declarant or to Units owned by Declarant. Declarant shall not be exempt from the restrictions, if any, relating to requirements that leases or lessees be approved by the Condominium Associatigg’ pet restrictions, occupancy of Units base¢‘en age and vehicular restrictions, except as suckK.Wehicular restrictions relate to Declarant's coggfiction, maintenance and ©) Ss s ARTICLE XVII RULE MAKING 17.949 Rules and Regulations. Subject to the provisigas hereof, the Condominium Association or the Magaging Agent may establish reasonable rules an gulations concerning the use of Units, the VY ments thereto. Such rules and regulations sh binding upon the Owners, their families, tenagS, ots, invitees, servants, and agents, until andNdnless any such rule or regulation be specifteally © & 17.02 Authority and Enforeemey Upon the violation of this Declaration, or asy"rules and
s, tenagS, ots, invitees, servants, and agents, until andNdnless any such rule or regulation be specifteally © & 17.02 Authority and Enforeemey Upon the violation of this Declaration, or asy"rules and Assessments or charges, the Condomium Association shall have the power (i) to ig pose reasonable monetary fines which shall constj¥Me an equitable charge and a continuing lie on the Unit, the Owners, occupants, or guests that are guilty of such violation; or (ii) to suspend an Owner's right (and the right of such Owner's family, guests, and tenants and of the co-Owners of such Owner and their respective families, guests, and tenants) to use any of the Common Elements, and the Condominium Association shall have the powex to impose all or any combination of these sanctigns. An Owner shall be subject to the foregoing s ns in the event of such a violation by such r, his family, guests, or tenants or by his co Ong the family, guests, or tenants of his co-Owrgr$. Any such suspension of rights may be for the Qfation of the infraction and for any additional e@iod thereafter, not to exceed thirty (30) days. Th Sms levied and assessed as provided for in this $$etion 17.02 herein shall be a lien upon the alate nt in the same manner as that provided for iggS€ction 15.01 herein. The effect of the non-payment OF such fines and the remedies of the Condomintim Association to enforce collection thereof shall same as those provisions provided for in SegfSn 15.04 herein.
S Ss SX OD > s s S F \ x ay Vo © yar AE SONAR A CSS EGA IES IERIE e AE IRS a AC ERNIE Hn CEO VRIES Mo NSE PoC pda ante sena Qppion.s heck web autre cinta h eetett inst ves bar athe or tS tS Bor Bi i +
> s s S F \ x ay Vo © yar AE SONAR A CSS EGA IES IERIE e AE IRS a AC ERNIE Hn CEO VRIES Mo NSE PoC pda ante sena Qppion.s heck web autre cinta h eetett inst ves bar athe or tS tS Bor Bi i + 4 RY H1120916 aR ioee bay Se & OO " e & ARTICLEXVID & $ Ss AMENDMENT s .
18.01g6Mmendments by Declarant. This DeclaratiogsNincluding the Plans and Plat, may be 3 amended oa by vote or agreement of Unit Owners (includi eclarant, while it holds title to a Unit) to 9° which at@east sixty-seven percent (67%) of the votes inghe Condominium Association are allocated.
WhilgdSéclarant controls at least sixty-seven percent ( y of the votes in the Condominium Associationy© Degijtfant may amend this Declaration without the @pproval of any Owner or Mortgagee; provid ever, that, with the exception of the addition ofMhy portion of the Additional Property to the terapof this Declaration, (i) in the event that such amegdment materially and adversely alters or changes any x Owner's right to the use and enjoyment of fas Unit or the Common Elements as set for{Qin this WV Declaration or adversely affects the title toaky Unit, such amendment shall be valid only u e written . oe consent thereto by a majority in number oPthe then existing Owners affected thereby; or (Pin the event xe that such amendment would materis{Y and adversely affect the security title andnterest of any & Mortgagee, such amendment shall Qalid only upon the written consent thereto of. alPsuch Mortgagees S so affected. Any amendment matt pursuant to this Section 18.01 shall be certifted by Declarant as having been duly approved by Declarant, and by such Owners and Mortgages if required. Each Owner, by acceptance of a deed or other conveyance to a Unit agrees to be bound by such amendments as are
as having been duly approved by Declarant, and by such Owners and Mortgages if required. Each Owner, by acceptance of a deed or other conveyance to a Unit agrees to be bound by such amendments as are permitted by this Section 18.01, and further agrees that, if requested to do so by Declarant, such Owner will consent to the amendme this Declaration or any other instruments rege to the Property (a) if such amendment is neces: an bring any provision hereof or thereof into ¢ iance or conformity with the provisions of any icable governmental statue, rule, or regulati r any judicial determination which shall be in cog§fct therewith, (b) if such amendment is aoa to enable any title insurance such amendmentN2 required by an institutional or governmental hahter or purchaser of mortgage loans, s including, for\example, the Federal National Mortgage Asgociation or Federal Home Mortgage Av Corporatio enable such lender or purchaser to make or hase mortgage loans on a Unit, or other x improverpefits subject to this Declaration. Notwithstanding hy other provision in this Section 18.01, no VY amen t to this Declaration shall be made that will mat¥tially affect the ownership or operations of the oe a Golf Club Property or the Golf Club Ougttr without the written approval of the Golf Cl Qeftier. Ss Ss 3 18.02 Particular Amendments. Sect 18.01 herein shall not apply to amendmentg Xo this R ce Declaration by the Declarant in connection ehh the addition of the Additional Property to the@Pperty as eo provided in Section 5.02, or the exercise. @t rights of the Declarant pursuant to Section ny) or Section
by the Declarant in connection ehh the addition of the Additional Property to the@Pperty as eo provided in Section 5.02, or the exercise. @t rights of the Declarant pursuant to Section ny) or Section 5.06, or any amendment rights provj to Declarant in Texas Property Code Sect » 82.067(b) or x 9° Section 82.067(f). oO ° Ss Ss Ss 18.03 Amendments by Condominium Association and Unit Owners. Nothing herein or in Section 18.01 shall prohibit amendments to this Declaration by the Condominium Association, or the Unit Owners, as provided in Texas Property Code Sections 82.067(b) & 82.067(h).
RY 18.04 Effective RePot Amendment. An amendment to this Decl otn is effective only when made by an instrument i iting filed and upon the date when it is rec in the Public Records of Brazos County, Tenge such later date as shall be specified in the “Re ment itself.
s s Sf SX SX SX “ oO OF § we & Av SS 5 sconareantninnnrinpecimntmnarsit ninety amen Pr < x SRP PAMIS ARN te an roe Leas Safa atte fg ste th on aS aI - ow 4 ; Doc Bk Vol Fa x ARTICLE XIX eS x Ss LIMITATION OF LIABIL ° officer or dRctor of the Condominium Association shall e& able to any Owner of any Unit or any ee any kind or nature, except as otherwise exp aly set forth in the Bylaws and such officers and.
dirge rs shall be indemnified in accordance with the Gisin of the Condominium Documents. o A 19.02 Limitation of Liability of Condominium Association. The Condominium Assgetion x shall not be liable: (i) for injury or damage to person or property caused by the Common E nts or \ by an Owner or Occupant, or any other Pi fon, or resulting from any utility, rain, snow, , which
n x shall not be liable: (i) for injury or damage to person or property caused by the Common E nts or \ by an Owner or Occupant, or any other Pi fon, or resulting from any utility, rain, snow, , which . oe may leak or flow from or over any portjsf of the Common Elements, or from any pipe, tain, conduit, S which may be stored in or upon of the Common Elements, or (iii) to any Ownendr Occupant for any damage or injury caused in whole or in part by the failure of the Condominium Association to discharge its responsibilities under this Section 19.02.
19.03 Right of A by Owners: Limitation of Liability of rs_and Directors of Condominium Association@ ers, acting collectively or individually, shqlPhave the right to maintain actions against the ominium Association for its willful failure to perform its duties and responsibilities here ; provided, however, no other action may de R@usht against the Condominium Association or its Sines parents, subsidiaries, officers, directorg‘agents, employees, predecessors, successors, contrtors, consultants, insurers, sureties, and assi yy the Owners. The Condominium s Association shajl not have the power to institute, defend, intervgpe in, settle, or compromise litigation or 4 administrat igRproceedings in the name or on behalf of any QRner or with respect to any portion of the 3 Condomightm except the Common Elements. Subject tgthe Condominium Associations obligations VJ under, di’ Declaration, each Owner hereby releases, acgyAts, and forever discharges the Condominium O
he 3 Condomightm except the Common Elements. Subject tgthe Condominium Associations obligations VJ under, di’ Declaration, each Owner hereby releases, acgyAts, and forever discharges the Condominium O Assd@ation, and its affiliates, parents, subsidiaries, o&fsters, directors, agents, employees, predecesson su@éssors, contractors, consultants, insurers, sure and assigns and agrees to hold such Pe s&s AMmless of and from any and all claims, damages Miabilities, costs and/or expenses (including reasOwable sNattorney’s fees) relating to the construction ofgtepair or restoration of, or the sale to the Owngsdof the co Units or the Common Elements. This rele shall release and forever discharge the C inium > Association and its affiliates, parents, subpidiaries, officers, directors, agents, employees, predecessors, x successors, contractors, consultants, igatrers sureties, and assigns from all claims and g&ises of action, Ss whether statutory or under the comma law, known or unknown, now accrued, or that agyse in the future.
LY 19.04 GENERAL INDEMNITY OF DECLARANT AND CONDOM ASSOCIATION.
THE OWNERS AND OCCUPANTS, INDIVIDUALLY AND COLLECTIVELY, EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DECLARANT, THE CONDOMINIUM ASSOC. ION, THE BOARD, AND THEIR RESEKCTIVE AFFILIATES, OFFICERS, DIRECTOR: LOYEES, AND AGENTS (EACH AN “@QDEMNIFIED PARTY”), INDIVIDUALLY AND LLECTIVELY, FROM ANY AND ALL IMS BY ANY PERSON ARISING OR RES tic FROM, SUSTAINED OR INCURRED BYORNY INDEMNIFIED PARTY, OR WHICH CAN MAY ARISE, RESULT, BE SUSTAINED CURRED, OR WHICH CAN OR MAY ARIS SULT, BE SUSTAINED OR INCURRE CONNECTION WITH (1) THE S EXERCISE O ILURE TO EXERCISE OR THE USE OR MISUSE OF ANY OF SUCH PERSON’S S RESPECT GHTS OR OBLIGATIONS CONTAINED HE CONDOMINIUM DOCUMENTS; 3
IS SULT, BE SUSTAINED OR INCURRE CONNECTION WITH (1) THE S EXERCISE O ILURE TO EXERCISE OR THE USE OR MISUSE OF ANY OF SUCH PERSON’S S RESPECT GHTS OR OBLIGATIONS CONTAINED HE CONDOMINIUM DOCUMENTS; 3 (ID) THE REEACH BY AN OWNER OR OWNERS OF ANP ROVISION OF THIS DECLARATION; co (i) AN HAZARDOUS SUBSTANCE, ON, IN, UNDER, OR IN THE AIR ABOVE, ALL OR ANY, > & e § RS) S sr RY S ce Ppa ie Cae tee Ri eis eS, anne compete Nae tee RY S rman Qo onuntarscenai a ACI AANA A FRAGA ee COA tin & OS Oo ge °o = ~O ge \Mediation of any Dispute shall be initiated by Owner making a written demand therefore to the other submit their Dispute to binding arbitration. arties agree to select a single impartial mbiteatg\irom a ay se _ Doc Bk Vol Fs GC CO Yii2916 OR 10489 243 S&S x PART OF THE PR@PERTY; (IV) THE NEGLIGENCE, FRAUD. SMILLFUL MISCONDUCT, OR & CRIMINAL MIS UCT OF AN OWNER OR OWNERS. Ss Ss A S ARTICLE XX .\ 3 9 MEDIATION AND ARBERRATION co \ ® cate within fifteen (15) days after same have arisegYunless such greater time is provided cseviire a tk§* Condominium Documents) shall be submitnt for, or determined by non-binding medi ' er or Owners involved in such Dispute e Condominium Association; provided, howey@r, if the Condominium Association is a party to uch Dispute the Condominium Association sb ave the right to elect not to be governed by the ftovisions of this Article by giving to the Owng?or Owners, within ten days after the Cra ian cocition’s receipt from such Owner or es of a demand for mediation of a Dispute, written nice of the Condominium Association’s election g&t to be governed
?or Owners, within ten days after the Cra ian cocition’s receipt from such Owner or es of a demand for mediation of a Dispute, written nice of the Condominium Association’s election g&t to be governed by the provisions of this Article ai to instead exercise the Condominium Associafion’s remedies at law or in equity. With respect to such mediation, the parties shall, within ten days after delivery of such written notice to the Condominium Association, appoint a mediator who is: (i) a reputable person actively engaged in the commercial real estate industry for a continuous period of not less than ten years and (ii) is in no way affiliated, or has no material business dealings with any or any member of the Condominium AssociationCif the parties are unable to agree upon a m r, a mediator having the qualifications set forth aleve shall be appointed by the then presiding judg> of the United States District Court of the HoustgeMivision of the Southern District of Texas ggSSuch other service as may be Y recommended by the tate Bar of Texas. Such mediation shall ocgo? within thirty (30) days after the & mediator has beextppointed and shall occur at a mutually acceptak}ylocation in Brazos County or Harris s County, Texas.\The costs of such mediation services shall be shaged equally (but each party shall bear the cost of theig8wn travel and attorneys’ fees); provided, hi ever, that if the Dispute is not resolved x pursuant ¢Q‘Such mediation, the provisions of Section 21.0OF this Declaration shall govern the payment VY of ats fees and costs and expenses of mediation agitation under this Article. . ve gS & 20.02 Final Offer Arbitration. If the partief are unable to resolve any Dispute at medintionces
n the payment VY of ats fees and costs and expenses of mediation agitation under this Article. . ve gS & 20.02 Final Offer Arbitration. If the partief are unable to resolve any Dispute at medintionces Der than thirty (30) calendar days after the parties‘Wave reached an impasse at mediation, the parties\shall list taken from the American Arbitration AgStiation of commercial arbitrators, and if they geen t agree on an arbitrator, each party shall select agperson and those two. so selected shall then selgst the single impartial arbitrator who shall there rve as arbitrator. The issues in dispute shall,§é submitted as “baseball” or final-offer arbitration,gvhereby each party shall submit what it deorgvo be its most reasonable position to the arbitra and the arbitrator shall select one of those ¥fvo positions. The arbitrator shall have no discretion to select or award a position other than to select one of those submitted by the parties. To the extent rules governing arbitration are deemed necessary by the arbitrator (or by agreement of the parties); the current Rules for Commercial Mediation and Arbitration promulgated by the American Arbitration Assg&jation shall apply. Any award that is rendereddy the arbitrator shall be accomplished no later th days from the initiation of the arbitration Qredure. The parties may resort to any court of SRuipetent jurisdiction for enforcement of, or an, Other action relating to, the arbitrator’s award. arty or parties whose position is not selected gr@svarded shall be responsible for all attorneys fees, s and expenses (incurred in connection with mediation and arbitration of a Dispute under thi icle) of the party whose position is selectedOr awarded for the arbitration of the Dispute under Ris Article.
5 .
; 4, 090 Bk Vol p
in connection with mediation and arbitration of a Dispute under thi icle) of the party whose position is selectedOr awarded for the arbitration of the Dispute under Ris Article.
5 .
; 4, 090 Bk Vol p 3 S&F 11120916 OR 1ngB9 bi N oe & ‘ oO 20.03 Excl gs Remedy. With respect to any Dispute arigito arbitration under this Article it is agreed that ms itration provisions of this Article shall be tha@sle remedy of the Owners involved in such Dispute. Notwithstanding any other provisions of this Detlaration, the foregoing agreement to arbitrate shall G8 specifically enforceable under prevailing arbigation law. The foregoing agreement to 3S arbitrate shqlPnot constitute any agreement or consent to arb@Mition of any dispute, claim, controversy or co this aration or with any Person not named or ribed in this Declaration, provided that any co arbitQtion proceeding initiated under the terms of thigSection 20.03 may, at the request of any party, jodtd or consolidated with other arbitration proc gs involving additional parties if the Disputaghd e subject of such other proceedings arise out ehgommon or interrelated factual occurrences. Anyyward u pwners of the arbitrator shall be final and binding e¢ Owners involved in the Dispute and suc J on may be entered by any court having jurisdic&én.
oe og og Xe 20.04 “Dispute.” Any claingSrievance or other dispute arising out of or reffting to: (i) the Ss interpretation, application or enfors nt of the Condominium Documents; (ii) an uflict or dispute arising between or among two orYnore Owners; (iii) the proper party to bear a Maintenance cost or
he Ss interpretation, application or enfors nt of the Condominium Documents; (ii) an uflict or dispute arising between or among two orYnore Owners; (iii) the proper party to bear a Maintenance cost or expense or a capital expenditure or the proper amount of the expense, fee or Assessment to be charged or collected; (iv) the rights, obligations and duties of any Owner under the Condominium Documents; (v) the authority of the Condominiym Association or Declarant under any Legal Requirement or under the Condominium Documents to; @)require any Owner to take any action or not tage any action involving such Owner’s Unit; or (b) Ais, subtract from or add to the Common Elemerfs-or the Condominium; (vi) the interpretation or enfo ent of any warranty; or (vii) the failure of the@ondominium Association, in accordance with Legi¢’Requirements and the Condominium Docuggefits to: (w) properly conduct inspection of book} or records. The following shall not be consid “Disputes” unless all parties shall YE by the Con ium Association to obtain a temporary restragting order and such ancillary relief as the ° court naan necessary to maintain the status quo and p e the Condominium Association’s ability VW to enfox Y the provisions of the Condominium Document (ii) any suit between Owners that does not, oe incl eclarant and the Condominium Association ifuch suit asserts a dispute that would constitute ¢ of action independent of the Condomini ocuments; (iii) any disagreement that prim: inVolves title to any Unit or the Common Elemente or (iv) any suit in which the applicable statut€ of
ld constitute ¢ of action independent of the Condomini ocuments; (iii) any disagreement that prim: inVolves title to any Unit or the Common Elemente or (iv) any suit in which the applicable statut€ of imitations would expire within one hundred ity (180) days of the giving of notice as proyjited in ce Article XX of this Declaration unless the ons against whom the Dispute is made agree({? toll the eS statute of limitations for a period of time ng ssary to comply with Article XX of this Declaggtton.
s s ARTICLE XXI & 21.01 Enforcement. Each Owner shall comply strictly with the rules and regulations adopted pursuant to this Declaration, as either of the same may be lawfully amended from time to time, and with the covenants, conditions, and Netrictions set forth in this Declaration and in the deed or other instrument of conveyance to his Unit, ; . Failure to comply with any of the same s e grounds for imposing fines, for suspending voting Tights or rights of use in and to the Common Klements, or for instituting an action to recover sum , for damages, and/or for injunctive relief, spg’actions to be maintainable by Association empl: gal counsel to enforce any of the foregoing, osts incurred in such enforcement, S F including court costs and reasonable attorneys’ fees, shall be paid by the violating Owner. Inasmuch as the rules an S\egulations are essential for the effectuatiou of the general plan of development 3 contemplatéghereby and for the protection of present and re Owners, it is hereby declared that any ce breach ih of may not adequately be compensated by reg@very of damages, and that the Condominium & § uf g S S Ss Ss es) g So eC
he protection of present and re Owners, it is hereby declared that any ce breach ih of may not adequately be compensated by reg@very of damages, and that the Condominium & § uf g S S Ss Ss es) g So eC vena manssnssemanasitmnmanceany PM Nett - A OIE PREM CRP IRE ME RIED CALI LER SPAR AINE. of UNE ER IN IE HENS pore een te GIR RAEI SSG O NY i Mica co N Loe Ss Ss N Lo Dor Bk Vol Fg ‘ 4 RY NiL2N914 OR 10489 245 & SX > N Association, or any ieved Owner, in addition to all other remedies{May require and shall be entitled to the remedy of infnction to restrain any such violation or breach y threatened violation or breach.
No delay, failure, Or omission on the part of the Condominium ASsdciation, or any aggrieved Owner in exercising ph power, or remedy herein provided shall construed as an acquiescence thereto or shall be S ed a waiver of the right to enforce such rightcfewer, or remedy thereafter as to the same violation@? breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affsevits enforcement. No right of action shall acc r shall any action be brought or maintained Ee anydae whatsoever against the Condominium Assocjgion for or on account of any failure to bring on on account of any violation or breach, or iteatened violation or breach, by any Person ofthe provisions of this Declaration, or any rules and regulations however long continued. 4 21.02 Duration. The provisions oftis Declaration shall run with and bind title to tk operty, shall be binding upon and inure to the bestest of all Owners and Mortgagees and their regpéctive heirs, executors, legal representatives, succes$ers, and assigns, and shall be and remain in effeggefor a period of
ding upon and inure to the bestest of all Owners and Mortgagees and their regpéctive heirs, executors, legal representatives, succes$ers, and assigns, and shall be and remain in effeggefor a period of thirty (30) years from and after ate of the recording of the Declaration, po that rights and easements which are stated herein have a longer duration shall have such longenduration. Upon the expiration of said thirty (30) year period, this Declaration shall be automatically renewed for successive ten (10) year periods. The number of ten (10) year renewal periods shall be unlimited, with this Declaration being automatically renewed and extended upon the expiration of each ten (10) year renewal period for an additional tend) year period; provided, however, that therg)Shall be no renewal or extension of this Declarati&a; if, during the last year of an initial thirty 30 ar period or the last year of any ten (10) year renewer period, eighty percent (80%) of the Owners v@ in favor of terminating this Declaration at the exqvof the then current term. In the event ig vote to terminate this Declaration, an ing&@ment evidencing such termination shall be file f record in the Public Records of Brazos County, $xas, such instrument to contain a certificate rein the Condominium Association swears that syd termination was duly adopted by the requisitg number of votes. Every purchaser or grantee of, interest in any Property, by acceptance of a or other conveyance therefore, thereby agrees the the provisions of this Declaration shall run vai and bind title to the Property as provided herekyO .O Ss Rw < & 9° S, 21.03 Interpretation. In all cases, the pagttbions set forth or provided for in this Declargen
s of this Declaration shall run vai and bind title to the Property as provided herekyO .O Ss Rw < & 9° S, 21.03 Interpretation. In all cases, the pagttbions set forth or provided for in this Declargen shall be construed together and given that interpretation or construction which, in the opinion e SCondominium Association will best effect thegNent of the general plan of development. The isions co hereof shall be liberally interpreted and, if, reQssary, they shall be so extended or enlarged by im lication as to make them fully effective. The pre@pisions of this Declaration shall be given full fofpe and effect notwithstanding the existence of any g ordinance or building codes which are le trictive. The effective date of this Declaration s e the date of its filing for record in the Publicdfécords of Brazos County, Texas. The captions of <th Article and Section hereof as to the contengyof each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. This Declaration shall be construed under and in accordance with the laws of the State of Texas.
> ss 21.04 Usury. Itégthe intent of Declarant, the Condominium Asspgition and the Owners that the Condominium Docuppents be in strict compliance with applicable use ‘ws of the State of Texas. In furtherance thereof, parties stipulate and agree that none of the termgvand provisions contained in the Condominium ier al shall ever be construed to create a contrag€Xo pay for the use, forbearance or detention of moysy, interest at a rate in excess of the maximum i st rate permitted to be charged by
e Condominium ier al shall ever be construed to create a contrag€Xo pay for the use, forbearance or detention of moysy, interest at a rate in excess of the maximum i st rate permitted to be charged by applicable laws of the State of Texas. The Owners or other parties now or hereafter becoming liable for payment of owing under the terms of the Condomingim Documents shall never be liable’ for applicalite laws of the State of Texas, and the provisighs of this section shall control over all other, sy s se is vsinabteopatmnninarvarecnteyeneinttenunesmars ant attire sr niohonecrin x ee 9 > Lo ge N Lo se ey easonable Accommodations WV the Board and the Declarant shall make Geasonable accommodations in the rules, re; ions, or RY x Se o C oO oe provisions of the Coffominium Documents in conflict herewith. Inge event that the Declarant, the & Condominium Spee or any of its designated agents shall ect monies which are deemed to S constitute interest a rate in excess of that permitted to be charged by applicable laws of the State of S Texas, all sucks8ums deemed to constitute interest in excess of tNlegal rate shall be immediately returned \ to the Ownefbr other party so paying said monies upon such@ptérmination. SX ” Cy .0S Fair Housing. Neither Declarant nor er shall, either directly or indirectly, forbi o the @hveyance, encumbrance, renting, leasing, or ogghpancy of the Owner’s unit to any person on bors of race, color, sex, religion, familial status, angystry, or national origin. S otwithstanding any other rule, regulation, “see _,, Dor BE V, ‘ 21.06 R
unit to any person on bors of race, color, sex, religion, familial status, angystry, or national origin. S otwithstanding any other rule, regulation, “see _,, Dor BE V, ‘ 21.06 R restrictions if such accommodations may;& necessary or appropriate to afford a person wi@t'a disability an equal opportunity to use and enjoy Condominium. 0 & & 21.07 Gender and Gramiwar. The singular wherever used herein shall be ediistrued to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or other entities or to individuals, men or women, shall in all cases be assumed as though in each case fully expressed. 4 21.08 Severability Whenever possible, each provision of this Degfitation shall be interpreted in such manner as to be, Seotive and valid, but if the application of any, phevision of this Declaration to any person or to any,@seperty shall be prohibited or held invalid, suc hibition or invalidity shall not affect any other Be sion or the application of any provision whigj’can be given effect without the & invalid provisionyY application, and to this end the provisions is Declaration are declared to be Ss ble.
severable 3 3 \ SS Rights of Third Parties. This Declaration ghall be recorded for the benefit of Declarant, & the Owners, and their Mortgagees as herein provided -Gid by such recording, no adjoining property > Sf , or in the operation or continuation thereof the enforcement of any of the provisions herg§f, , subject to the rights of Declarant and Mortgages as herein provided, the Owners shall have thedight
Sf , or in the operation or continuation thereof the enforcement of any of the provisions herg§f, , subject to the rights of Declarant and Mortgages as herein provided, the Owners shall have thedight sMto extend, modify, amend, or otherwise chan e provisions of this Declaration without the onsent, (2° permission, or approval of any adjoining Oe or third party. co . > 21.10 Notice of Sale, Lease. Mort age. In the event an Owner sells, leas Frortgages, or otherwise disposes of any Unit, the er must promptly furnish to the Managing Agpht in writing the name and address of such purchasgxlessee, mortgagee, or transferee. Ss 21.11 Condominium Information; Resale Certificate. In accordance with Texas Property Code Section 207.003, not later than the tenth (10) day after the date a written request for condominium information is received from ay Owner, Owner’s agent, or title insurance company or its agent acting on behalf of an Owner, the Se eek Association shall deliver to the Og, Owner’s agent, or title insurance company or itsqPént, the following information: \ oO e (a) SA current copy of the Declaration, includiggall amendments, and any other restrictioggapplying to the Condominium; Ss Ss Oo A current copy of the Bylaws and rulegp¥ the Condominium Association; 3 ey & me Oo x & ¥ Ss eS ey © Never e eee sentont, sacenstninnseninantaneany namin seaman pinta nett SARA A DEE NOT o> We eV iF ein? aoe eS ow aw (c) as such section may be amended or renumbered from time to me.
Unofficial Copy Unofficial Copy Doc 01120916 Bk Vol OR 10689 OVA resale certificate that complies with Texas Property Code Section 207.003(b), and live Unofficial Copy The Condominum Association may charge a reasonable information and may charge a reasonable fee to prepare
ertificate that complies with Texas Property Code Section 207.003(b), and live Unofficial Copy The Condominum Association may charge a reasonable information and may charge a reasonable fee to prepare to assemble, copy, and deliver the fiver an update of a resale certificate.
trespa hafficial Copy 1.12 No Trespass. Whenever the Condomin assigos, agents, or employees are permitted by this Declaration maintain, preserve, or do any other action within any any portion of the Property, the entering thereon and Copvaking of such action shall not be deemed to be trespass.
opy and its respective claration to enter upon or correct, repair, clear fri Fa 247 shall be in writing and shall be delivered Copy Unofficial Copy Ung 21.13 Notices. Notices required Redunder prepad. All notices to Owners shall be delivered copy of sent hand or sent by United States Mail, postage prep addresses as have been designated by sich Owners. All notices to Declarant shall be ser of delivered to Declarant's main office at 2100 Tradions Blvd., Bryan, Texas 77807, or to such other address as the Declarant may from time to time ndify the Owners. Notices to Mortgagees shall be delivered or sent to such addresses as such Mortgagees specify in writing to the Declarant.
to such Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy [Space intentionally left blank.
Unofficia Coprenatures appear on the following page.] cial Copy Unofficial Copy Unofficial Copy لام cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Ung Unofficial Copy Unofficia cial Copy Unofficial Copy Unofficial Copy IN WHEREOF, duly authorized officers of the und igned Declarant have executed this Declaration user seal, this 13 day of May, 2012.
DECLARA
ial Copy Unofficia cial Copy Unofficial Copy Unofficial Copy IN WHEREOF, duly authorized officers of the und igned Declarant have executed this Declaration user seal, this 13 day of May, 2012.
DECLARA WITNESfficial Copy Unofficial Copy Unofficial Copy Cao WHEREOF KW T Unofficial copy Unofficial Copy Unofficial Copy Condominiums, LLC, a Texas limited liabilitycompany By: W. SRENCER CLEMENTS, R President STATE OF TEXAS COUNTY OF BRAZOS § 888888 § This instrument was knowledged before me on the 23 day of May, 2012 by W. Spencer Clements, Jr., in his capacity limited liability compani as President of the Declarant, KW TAP Condominiums, LLC, a Texas GLARY UNIP @py Unofficiar okno MIKE GENTRY Notary Public, State of Texas My Commission Expires MAY 17, 2016 py Unofficial Copy Unofficial Copy ROPY Uno NOTARY State of Texas Unofficial Copy Unofficial Copy Unof cial Copy Unofficial Copy Unofficial Copy Doc 01120916 Bk Vol OR 10689 P 248 Unofficial Copy Unofficial Copy Uno cial Copy Unofficial Copy Unof s S& 01120916 BR 1983 oko RS & © WO & EXHIBIT "A" & Ss Ss SF . INITIAL PROPERTY : SF METES AND BOUNDS DEggRIPTION SP . x 2 OFA .2 oe es 3.94 ACRE BRACT es A J. H. JONES SURVEY, A-26 3 S BRYAN, BRAZOQSOUNTY, TEXAS ys Z.
3 AND GRMETES AND BOUNDS DESCRIPTION OF fu THAT CERTAIN TRACT OR PARCEL .O° BRAZOS COUNTY, TEXAS. SAID TRA@T BEING THE REMAINDER OF A CALLERQ7.80 ACRE cS TRACT AS DESCRIBED BY A DE eto TRADITIONS CLUB BY MELROSE, LI RECORDED Ss IN VOLUME 6587, PAGE 223 OTHE OFFICIAL PUBLIC RECORDS OF BRe&ZOS COUNTY, TEXAS, AND A PORTION OP THE REMAINDER OF A CALLED 87° ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT, INC.
E 6587, PAGE 223 OTHE OFFICIAL PUBLIC RECORDS OF BRe&ZOS COUNTY, TEXAS, AND A PORTION OP THE REMAINDER OF A CALLED 87° ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT, INC.
RECORDED IN VOLUME 4023, PAGE 71 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. 4 4 SAID TRACT BEING it PARTICULARLY DESCRIBED BY mess AND BOUNDS AS FOLLOWS: 2 D> ne BEGINNING A re OINT ON THE SOUTHWEST LINE OF AOCALLED 87.88 ACRE TRACT P DESCRIBED ASDRACT 3 BY A DEED TO TRADITIONS CLUSBY MELROSE, LLC RECORDED ST IN VOLUME,S153, PAGE 1 OF THE OFFICIAL BUBLIGE CORDS OF BRAZOS COUNTY, a &§ TEXAS, G THE NORTHWEST CORNER OF S REMAINDER OF 27.80 ACRETRACT AND ANXXSTERLY CORNER OF LOT 1A, BLOCK 1, ADR TRADITIONS SUBDIVISION, PHASE \V 16, AG@SRDING TO THE PLAT RECORDED IN VQPUME 8094, PAGE 81 OF THE OFFICIAL, (° PUR RECORDS OF BRAZOS COUNTY, TEXAS LY —_ S 60° 25' 38" E ALONG THE COMMUN LINE OF SAID REMAINDER OF 27.80 A’ SYRACT AND SAID 87.88 ACRE TRACT OR A DISTANCE OF 376.48 FEET TO INT SX MARKING THE BEGINNING OF A com ERCLOCKWISE CURVE HAVING A S OF 75.00 FEET; eS eS & WO © THENCE: CONTINUING ALONG,QE COMMON LINE OF SAID REMAIND ead 27.80 ACRE S TRACT AND SAID 87.88 ACRBSRACT AND ALONG SAID CURVE THRGQGH A CENTRAL ANGLE OF 163° 44' 55" FOR AN ARC DISTANCE OF 214.36 FEET (CHORD BEARS: N 38° 01' 02" E - 148.49 FEET) TO THE END OF SAID CURVE; TRACT AND SAID 87.88 ee TRACT FOR A DISTANCE OF 109.27 F e THENCE: reno? SAID REMAINDER OF 87.20 ACRE ye FOR THE FOLLOWING CALLS: © S Ss R) N 68° 53' 20" E FOR A DISTANCE OF 201.71 FEET; A 4 R $218 68 10" E FOR A DISTANCE OF 285.43 FE iP THE COMMON LINE OF SAID S . © nO & x“ x 3s 3s S se < g
201.71 FEET; A 4 R $218 68 10" E FOR A DISTANCE OF 285.43 FE iP THE COMMON LINE OF SAID S . © nO & x“ x 3s 3s S se < g Pitot ae “Se at Sn BR RINSE RD AP SRN GI EER me eC ene Mrntnene rset eMac) i TAL RMR HONOR tet ce Yo Ta fon TS alg ITS oe Bereta I Ai SRAM MC ARIE Recut hoagie Pann tne St , eo THENCE: N 43° 29' 39" W ING THE COMMON LINE OF SAID se a OF 87.20 ACRE oC A . Bor Bk 1 7 SF Se DL20916 OR ies 320 > x ey nO DESCRIBED A DEED TO BRYAN COMMERCE DEVELOPMENT, INC.
RECORDED YN VOLUME 4023, PAGE 91 OF THE OFF PUBLIC RECORDS OF <E , TEXAS; S L BRAZOS C THENCE: 45' 02" W ALONG THE COMMON LINDE SAID REMAINDER OF 87.80 ACRE (9 TRACT SAID 324.83 ACRE TRACT, AT 5.45 FERSPASS THE COMMON CORNER OF SAID .> co ON FOR A TOTAL DISTANCE OF 37062 FEET; 3 S S st NCE: N 60° 50' 35" W ALONG THE COMMON LINE OF SAID REMAINDER OF 27.80.ACRE OXTRACT AND SAID 324.83 ACRE TRACT, BOR A DISTANCE OF 372.32 FEET TO A P ON WV THE COMMON LINE OF SAID REMAINUER OF 27.80 ACRE TRACT AND THE RE ER OF Lo? A51.87 ACRE TRACT DESCRIBED AS@IRACT 6 BY SAID DEED TO FReLOURe SE co BY & MELROSE, LLC (5351/1) MARKIN@STHE BEGINNING OF A COUNTERCLOCKWISE CURVE Ss HAVING A RADIUS OF 176.00 FREY, Ss THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 27.80 ACRE TRACT AND SAID REMAINDER OF 51.87 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 32' 24" FOR ARC DISTANCE OF 133.74 FEET (CHORD BEARS: N 59° 37' 19" W — 83.07 FEET) TOA PO G A COMMON CORNER OF S. MAINDER OF 27.80 ACRE TRACT AND SAID ITIONS SUBDIVISION, PHASE 16,’ G THE ENDING POINT OF SAID CURVE oe THENCE: N %< 0" E ALONG THE COMMON LINE OF §S REMAINDER OF 27.80 ACRE s E
A COMMON CORNER OF S. MAINDER OF 27.80 ACRE TRACT AND SAID ITIONS SUBDIVISION, PHASE 16,’ G THE ENDING POINT OF SAID CURVE oe THENCE: N %< 0" E ALONG THE COMMON LINE OF §S REMAINDER OF 27.80 ACRE s E TRACT AND PHASE 16 FOR A DISTANCE OF 28932 FEET TO THE POINT OF YE BEGINNING KONTAINING 3.94 ACRES OF LAND, M OF LESS. BEARING SYSTEM \ SHOWN HEBRIN IS BASED ON GRID NORTH AS EST, HED FROM GPS OBSERVATION. Se © x x & & 9 Ss S S cy 3 s\ 9° 9 - - .
o .O oe & x x Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "А-1" ACCESS EASEMENT Unofficial Copy Unofficial Copy Unofficial Copy Doc 01120916 Bk OR 10689 Vol 251 Pg Unofficial Copy Unofficial Copy Ung Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Ung ee se o111tees Bh sohes, Ss xe NOTICE OF CO) ENTIALITY RIGHTS: IF YOU ARE A narunagSPeRson YOU MAY REMOVE OR STRIKE ANYYOR ALL OF THE FOLLOWING INFORMATION-FROM ANY INSTRUMENT THAT TRANSFERS-AN INTEREST IN REAL PROPERTY BEFORE IS FILED FOR RECORD IN THE RY PUBLIC RDS: YOUR SOCIAL SECURITY NUMBER ORFO R DRIVER'S LICENSE NUMBER. SX > N we @ OD ww ACCESS e ge © o ° ny Date: 2012 x g gs CY Grantor: Traditions Aqdpistion Partnership, L.P., a Texas limited partne > Acting in Itsapacity as the Declarant under that certain Decla of & Condomigium for The Casitas at Traditions dated Septembet #1, 2006, ° and lad at Volume 7598, Page 62 of the Official R s of Brazos Ss C Texas; and amended by First Amendment to ration of Cdrtominium for The Casitas at Traditions dated , 2008, and
Septembet #1, 2006, ° and lad at Volume 7598, Page 62 of the Official R s of Brazos Ss C Texas; and amended by First Amendment to ration of Cdrtominium for The Casitas at Traditions dated , 2008, and recorded at Volume 8555, Page 204 of the Official Records of Brazos County, Texas (the "Casitas Declaration") Mailing Address: . 2611 FM 1960 West, Suite H-225 \Houston, Texas 77068 3 Grantor. OF Traditions Club Bryan, LP & Malling Address: 2 — 2100 Founders Drive > & Bryan, Brazos County, Texas 77808 & o Ss The Grantors shall be collectively refeftod to herein as Grantor’.
Grantor's Peghorty: ig eT P. all of the Common Elements \ co 9s described In the Caskes C NeCdration, such Common Elements being a S&F WO and Right-Of-Way Dedication, Club Drive, Clty of Bryan, Brazos County, & Texas according to or thereat recorded In Voleme 8084, Page 81. & s Official Records of County, Texas. se \ j Be ee ane County The Se Traditions S sion Phase Six, City of Bryan, Brazos Cou . according plat thereof recorded in Volume 6555, Page 4 ae otfical se Records qoBrazos County, Texas. > e eS So Sy Grantee: Traditions Club Bryan, LP s Malling Address: 2100 Founders Drive Bryan, Brazos County, Texas 77808 Grantee: Bryan/Traditions, LP co Bryan, Brazos County, Texas 77608 S&F NS 7500 San Felipe, Ste. 100 S 3 Houston, Texas 77063 4 4 2D " Oo “ 2 ev CO .O s < Achtss Easement 2-14-12 Dor Bk Vol Ps ‘oo So SX SS antite Beak}, > N ge e Consideration: se Good and valuable consideration, theCeetnt and sufficlency of which
o “ 2 ev CO .O s < Achtss Easement 2-14-12 Dor Bk Vol Ps ‘oo So SX SS antite Beak}, > N ge e Consideration: se Good and valuable consideration, theCeetnt and sufficlency of which are hereby acknowledged by Gran 3 S Dominant4apiate Property: Being that certain tract of lancfblng situated in the J.H. Jones Survey & \ Abstract No. 26, Bryan, B: County, Texas. Said Tract being the GC Lo remainder of a called 220 acre tract as described by a deed to .> < . Traditions Club by Mele LLC recorded in Volume 6587, Page 223 of O° & the Official Public R s of Brazos County, Texas, and a portion of the & Ne) remainder of a call 20 acre tract described as Tract 1 by a deed « Bryan Commerce and Development, Inc. recorded in Volume 4023, Page 71 of thesfficial Public Records of Brazos County, Texes,Said tract of land g more particularly described by metes and is as shown on Ibit “A” attached hereto and incorporated for all purposes Loe Easement Property: Thee Sorta 0.76 acre tract of land tying and being s in the J.H.
League, Abstract No. 28, Bryan, Brazos County)Texas, and being more particularly described on Exhibit “B” attached hereto and incorporated herein for all purposes.
GR and egress for Grantee to and from the Doria Estate Property, and VY for the construction, maintenance and of utilities for the benefit . oe of the Dominant Estate Property. . & Reservations frogs x Conveyance: .) For the Grantor, the free and erupted use of the Easement Property for vehicular and pedestrian ingress and egress, and for the 3 construction, maintenance and n of utilities for the benefit of the co Grantors Property (as ined), so fong as Grantor's use of the }
rty for vehicular and pedestrian ingress and egress, and for the 3 construction, maintenance and n of utilities for the benefit of the co Grantors Property (as ined), so fong as Grantor's use of the } > Easement Property does. nreasonably interfere with Grantee's use VJ Se of the Easement P is . oe Gefeptions to Warranty: Validly existing ents, rights-of-way, and prescriptive rig & whether of record‘¥ not and all presently recorded and validly exi \ instruments, othar than conveyances of the surface fee estate that the Easemen ; x OG Grant of Easement: eS > e, ° CG Grantor, for the Consideration and lect to the Reservations from Conveyance angsExceptions to Warranty, GRANTS, SELLS, and QONVEYS to Grantee and Grantee's heirs, succe , and assigns an easement over, on, and across the Easement Property for the Easement Purpose a for the benefit of the Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement’), TO HAVE AND TO HOLD the Easement to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and 1 defend the title to the Easement in Gra and Grantee's heirs, successors, and assigns af st every person whomsoever lawfully claiming claim the Easement or any part thereof, except BS fo the Reservations from Conveyance and Ex a to Warranty.
; oN & Terms and Conditions °o “The folong terms and conditions apply to the Easement gmted by this agreement: 1, gs Character of Easement. The Easement Pburtenant to and runs with all or any g portion Dominant Estate Property, whether or not the Is referenced or described in any co eo x > & CO .O s Easement 2-14-12 Oo Page 2 of 19 ° Ss s s ' ' \ SX cs
and runs with all or any g portion Dominant Estate Property, whether or not the Is referenced or described in any co eo x > & CO .O s Easement 2-14-12 Oo Page 2 of 19 ° Ss s s ' ' \ SX cs +O e conveyance of al euch portion of the Dominant Estate Property. eee Easement is nonexclusive and AS irrevocable. sement is for the benefit of Grantee and Grartide’s heirs, successors, and assigns Yy E who at any own the Dominant Estate Property or any intagest in the Dominant Estate Property 4 (collectivelyg red to as "Grantee’). x SX . Duration of Easement. The duration of th@Easement is perpetual. Ro & 3. Reservation of Rights. Grantor 8 for Grantor and Grantor’s heirs, successors, & ou assigns the right to continue to use and enjoy {hp surface of the Easement Property for all pu A that do not interfere with or interrupt the use or eqjoyment of the Easement by Grantee for the E x Purposes. Grantor reserves for Grantor and G: s heirs, successors, and assigns the right fo all OG or part of the Easement In conjunction with r and the right to convey to others the right to Hi or > part of the Easement In conjunction with , as long as such further conveyance Is su to the Wo terms of this agreement and the other agree to bear a proportionate part of the costacdf improving & and maintaining the Easement.
Ss © Ss 4, Drainage AcrossPasement. Grantor hereby grants and permits Gates to utilize the Easement Property for the drainage of water, including without limitation the inclusion of facilities to promote and ald in drainage, flowing from and across the Dominant Estate. Grantee shall be responsible for the repair of any erosion damage to the Easement Property that occurs due to the drainage of water or the existence of any facil ‘o promote the drainage of water. 3
e. Grantee shall be responsible for the repair of any erosion damage to the Easement Property that occurs due to the drainage of water or the existence of any facil ‘o promote the drainage of water. 3 6. Secondag- Easement. Grantee has the right (the “Seco! dary Easement’) to use as much of the surface of t@ property that is adjacent to the Easement P (‘Adjacent Property”) as may be reasonably y@céssary to install and maintain such roads, utiliigeand drainage facilities as are reasonably suited {Gr the Easement Purpose within the Easement . However, Grantee must promptly Adjacent Property to its previous physical congifon if changed by use of the rights s gO improvement and Maintenance of E: i roperty. SX ® ‘ OD ra a. Improvement and maintenance of the. Gement Property will be shared among the . oe following parties: é & > YS i. The “Casitas Party” whic! Shall mean Traditions Acquisition Partnership, LP 3S its assignee which mayke the Declarant under the Casitas Declaration 9 The co Casitas Condomin’ sociation, Inc. (the “Casitas Association’); <e ~ N & li. The ‘Club ParyeMich shall mean Traditions Club Bryan, LP or its eBianeo; Traditions lub Bryan, LP, or thelr assignee acting as the rant pursuant to any condominium declaration fied with respect to the Dominant Estate Property, or their assignee acting as the owners’ association for any condominium project that might be developed on the Dominant Estate Property.
v. Ti Itas Party, the Club Party and the Hidden B tty may for purposes paragraph be referred to ixdividualy a2 & R * or collectively as the . os rties”. . Ro b. TheyEasement Property WE for ‘the puToees Os paragraph conceming the
rty and the Hidden B tty may for purposes paragraph be referred to ixdividualy a2 & R * or collectively as the . os rties”. . Ro b. TheyEasement Property WE for ‘the puToees Os paragraph conceming the ments to and maintenance of the Ease Property be divided into three < which shail be referred and defined as Ss \ RN g 8 gs xe OF RS eo od a es Easement 2-14-12 & Page 3 of 19 & Ss ) se SR x Q is sc SS Er Sonnet ssa er RCO URN CaM AA RLDIDN Ane AS Se 2 REND TBM EOI iM cae sit . ppt on “ " oem neaaty,. > Sean Ret ms SHE NAGAR! MER IEE a gm a Hii20916 OR 10689 255 Doc 8k Vol _ Ps SX CSP ori 2886 aR 1058577 > N 28 D WO ey < & The "Club Property Section” shall be eSttion of the Easement Property SS” extending from Club Drive to the point markiay the beginning of the Casitas and \ being identified as the Club Property Sectign on Exhibit “C” attached hereto and A incorporated herein for all purposes. SX & Ro i. The ‘Casitas Property Section’ st@ii be that portion of the Easement Property beginning at the eastern the Club Property Section and extending & westward from the Club P Section to the point at the end of the cul de sac g se marking the end of Casita and being klentied as the Castias Prop Section on Exhibit = attached hereto and incorporated herein 3 purposes.. 3 ° > iii, The “Hidden Brid Pe cy Section” shall be that portion of the ent WO Property begingiand at the eastern end of the Casitas Propert and & extending rd to the Dominant Estate Property and being iséntified as the Ss Hidden Property Section on Exhibit “C” amen hereto and incorporaté?herein for all purposes..
c. The Parties have the right to eliminate any encroachments into the Easement Property.
The Parties will maintain the Easement Property in a neat and clean condition and
até?herein for all purposes..
c. The Parties have the right to eliminate any encroachments into the Easement Property.
The Parties will maintain the Easement Property in a neat and clean condition and landecaping Easement Property will be maintained in a@ manner as is reasonable comparable to the surrounding areas of alee ssi and nature.
d. Grant eS the right to construct and install water lines, lines, electric lines, utility @2’ of every kind, and a roadway or pathway culverts, bridges, drainage dit . sewer facilities, and similar or related utilities, a5 , under or across the Bridge Property Section (collectively, the “F: ies"). All matters concerning the initial configuration, construction and Installation, of Facilities are at Grantee's sole i tiscration, subject to performance of Grantee's Btvations under this agreement. 3 se pape ceo gros aod be tb eat sna Fe x follows: i. With reepect to the Club mrabSny Section: s <o 4. Club Party FepPercent (50%), & N e 2. Casitas re Twenty-five percent (25%), and & s 3. ego Party Twenty-five percent (25%); Ss li. With respect to the Casitas Property Section: 1. Casitas Party Twenty percent (20%), and Br hisen Bridge Party Eighty percent (80%); x) VY a en respect to the Hkiden Bridge Property Section, > € 1. Hidden Bridge Party One Hundred per (100%).
foregoing financial responsiblities for maint vance and improvements of the _gessoment Property shall be appurtenant to, run hh, and inure to the benefit of all or any 3 RS CS C .O ! Or < ee & Agets Easement 2-14-12 & Page 4 of 19 O° Ss »S s Q Q Q e ce <o
of the _gessoment Property shall be appurtenant to, run hh, and inure to the benefit of all or any 3 RS CS C .O ! Or < ee & Agets Easement 2-14-12 & Page 4 of 19 O° Ss »S s Q Q Q e ce <o SHARIA aoa eee JP DES ORTEGA KONE Sit PY ARG AME TINE 28 FRILL A MALLE ACS Lat PEEING ELE LIES PRE HR me NAN FORGOT OMY AD ne aes i x aermaneritnntena ei PN EK ROME ECR Aca TOE AR Wink 6 Sins Beri 1120916 OR so ay 3 Doc Bk e oS “O Oo Ss & pan of the respective Easement Property, Grantg® Property and Dominant Estate s 3 y.
cP The party that bears the largest percentage of sponsibility for the costs and expenses & \ of maintenance, repair, and replacement respective section of the Easement OG Xe maintenance, repair, or replacement wg’ and selecting a qualified contractor or other we & third-party to perform such work. Party responsible for coordination of 6 S maintenance and improvements provide the other Parties with bills or invo RY detailing the work performed respective share of the costs, and such ot x Parties shall pay their res portion of the costs within thirty (30) dagh of VY presentation of the invoice for fuch costs. co ra h. In the event of an eme Rey situation, or the failure of any of the Parties tqyperform the ° maintenance requ set forth in this paragraph, following ten (1@fdays written s notice of failure to from any other Party, the other Party or P may perform (but shall not the obligation to so perform) any such ma , repair or replacement and shail then be entitled to be reimbursed by the non-performing Party or Parties In accordance with the percentage allocations described above, and such
perform) any such ma , repair or replacement and shail then be entitled to be reimbursed by the non-performing Party or Parties In accordance with the percentage allocations described above, and such reimbursement shall be made within ten (10) days following presentation by the performing Pag to the non-performing Party of an invoice for suawork 9 i The Partigh’ further acknowledge and agree that no term, or provision of this sxGid Utility Easement Is granted, given or conveyed ter the benefit of Lot 2, Block 1 ing to the Replat of The Traditions Subdivision 16 as recorded at Volume ied te 81 of the Official Records of Brazos . Texas (“Lot 2"), nor is it that this Access and Utility Easement shafeduce, increase, modify or amend Ss ony existing easement or access rights that ran ow benefit Lot 2. 4 2° Equitable Rights of Enforcement. This Sinent may be enforced by restraining S&F orders..egd injunctions (temporary or permanent) prohibitiy interference and commanding compliance. N Re: ing orders and Injunctions will be obtainab! OH proof of the existence of interference or . O° threatened interference, without the necessity of p inadequacy of legal remedies or kreparable ver, that the act of obtaining an Injunction or ining order will not be deemed to be an electio ay remedies or a walver of any other rights or remegiies avaliable at law or in equity. 3s ° : Ne 8. Attorney’s Fees. lf ekthensuity retains an attomey to enforce this agreement the party ge prevating in litigation Is entitied to recast asonshie attomey's fees and court and other cost: & 9. Binding Effect. reement binds and inures tothe benett of the dite and their
agreement the party ge prevating in litigation Is entitied to recast asonshie attomey's fees and court and other cost: & 9. Binding Effect. reement binds and inures tothe benett of the dite and their SS respective heirs, successors, and iKted assigns. S 10. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue Is in the county or counties in which the Easement Property is located. A 3s 14. Cou ’ ‘This agreement may be executed in any numbPr of counterparts with the same effect as if all parties had signed the same document. All gpunterparts will be construed together and will @ one and the same Instrument. ra 12. Wilver of Defeut It ie not a waiver of or consergg defaut if the nondefautting party © fails to declare itmediately a default or delays in taking any actlom Pursuit of any remedies set forth in S this agreemephdoes not preclude pursutt of other remedies in thdporeement or provided by law. ss 9 9 < ee AcSess Easement 2-14-12 © Page 5 of 19 ° S S s Se x S ° © cs Roatan On se nnaynncurnupneeensatineceansmaguemmioneien soning A seemscesr cine emimeanaseinnestiies is meumtnittinsttttis Po Pes nO Ae tents cA AN, EAE AE GRE ° at 10489 = 254 aries H4120916 OR ingso 257 , Pe x gh Uae ote — S se > © .O 13. Fus@ier Assurances. Each signatory party agrees to ebtecute and deliver any additional J documents and ments and to perform any additional acts necadéary or appropriate to perform the ey terms, provision’. and conditions of this agreement and all transacigns contemplated by this agreement. 4 4 ° R 14 indemnity. Each party agrees to indemnify, ' ‘end, and hold harmless the other party co
rms, provision’. and conditions of this agreement and all transacigns contemplated by this agreement. 4 4 ° R 14 indemnity. Each party agrees to indemnify, ' ‘end, and hold harmless the other party co ag by the Indemnifying party. & &s 9° Ss 15. integration. This agreement contaigsthe complete agreement of the parties and cannes abe varied except by written agreement of the parties. The parties agree that there are no Se ‘agreements, representations, or warranties mo not expressly set forth in this agreement. ay > 16. Lega! Construction. If angprovision in this agreement is for any reason une ; x to the extent the unenforceability destroy the basis of the bargain among the parties, the ° unenforceability will not affect any rovision hereof, and this agreement will be consified as if the Ss unenforceable provision had n en a part of the agreement. Whenever te requires, the singular will include the plural an@heuter include the masculine or feminine gen ‘and vice versa.
Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language.
\ required or permitted under this agreem: et be In writing. Any t will be deemed to be delivered (whether received or not) when tt es Postal Service, postage prepaid, certified , teturn receipt requested, ied recipient at the address shown in oe ees Notice may also be given by regular » personal delivery, courier delivery, facsimile tragsmission, or other commercially
tified , teturn receipt requested, ied recipient at the address shown in oe ees Notice may also be given by regular » personal delivery, courier delivery, facsimile tragsmission, or other commercially reasonable nd will be effective when actually recelved. Anyyfidress for notice may be changed Si by written notice delivered as provided herein.
g \ 8.2 Recitals. Any recitals in this agreement ereghttesented by the parties to be accurate, co and a part of the substantive agreement. OD > Y o & 19. Time. Timeis of the essence. Unles rwise specified, all references to “days” mean &© jar days. Business days exclude Saturdays, ys, and legal public holidays. If the date fax rmance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date \ , & performance will be the next following regular bugs day SS ° ©O Re > N WO SiqnaturpPappeer on following paces. oe eS x > S Ca Page 6 of 19 & S s s 9 ° ~ o CO Shanes sre Lhe (ek ene see Re Wi aA atop hier ET RERD NOE: snot naan sonconnnnnang Sengenntrssnmatenenenmecantuestronintsacnaenannssntentt Si nt eMC ADRK TLME Aa Mie TP ood ee GRANTOR: Traditions By: Unofficial Copy Unofficial Copy Unofficial equis ion Partnership, L.P., a Texas limited partnefo STATE OF TEXAS COUNTY OF BRAZOS diu Unofficialopy Unofficial copy Unofficial Copy Doc 01120916 Bk Vol OR 10689 F9 258 Vol P 80 Doc Bk 01112886 OR 10545 Traditions Acquisition GP, LLC, a Texas imited liability company, its General Partner Name: Title: by Spencer s & President instrument was acknowledged before me on Unofficial NOTARY PUBLI ☆ Unofficial Copy UnofficialARTHA C.
STATE OF TEXAS EXPIRES 10-13-2015 jal Copy Unofficial Copy Unofficial Copy Easement 2-14-12 Unofficial Copy Unofficial Copy Ung February 2012 Cop Unofficial
PUBLI ☆ Unofficial Copy UnofficialARTHA C.
STATE OF TEXAS EXPIRES 10-13-2015 jal Copy Unofficial Copy Unofficial Copy Easement 2-14-12 Unofficial Copy Unofficial Copy Ung February 2012 Cop Unofficial Notary Public, St & Lynch Unofficial Copy Unofficial Cote of Tex al Copy Unofficial Copy Unofficial Copy Page 7 of 19 Unofficial Copy Unofficial Copy Uno jal Copy Unofficial Copy Ung ا ما Grantor Traditions Club Blyan, LP, a Texas limited partnership By: Unofficial Copy Traditions Club Bryan GP, LLC, a Texas company Its sole General Partner Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cobility Clements Jr.
Presiden Name: Title: Doc Bk Vol Fg 259 01120916 OR 10689 Doc Bk Vol 01112886 OR 10545 Ps 81 Unofficial Copy Unofficial Copy Ung STATE OF TEXAS COUNTY OF BRAZOS by • February 20. 2012 This instrument was acknowledged was acknowledged before me on MARTHA COINCH STATE OF TEXAS 10-13-2015 Unofficial Copy Unofficia Copy Unofficial Copy Cuser Notary Public, State of Te Unofficial Copy Unofficial Copy Unof cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficiat Copy Easement 2-14-12 cial Copy Unofficial Copy Unof Page 8 of 19 Unofficial Copy Unofficial Cope Unofficial Copy GRANTEE: Traditions Club Bryan, LP, a Texas limited partnership Traditions Club Bryan GP, LLC, a Texas limited liability company Its sole General Partner Name: Title: Unofficial Unofficial Copy Unofficial Copy Doc Bk Vol 01120916 OR 10689 Doc Bk Vol 01112886 OR 10545 F'g 260 Ps 82 Unofficial Copy Unofficial Copy Uno STATE OF TEXAS COUNTY OF BRAZOS by This instrument was acknowledged, before me on 22 2012 on February Notary Public, State W. Spencer, Gr.
fficial Cop MARTH C. LYNCH OTARY PUBLIC ☆ STATE OF TEXAS
Uno STATE OF TEXAS COUNTY OF BRAZOS by This instrument was acknowledged, before me on 22 2012 on February Notary Public, State W. Spencer, Gr.
fficial Cop MARTH C. LYNCH OTARY PUBLIC ☆ STATE OF TEXAS Unofficial Copy Unofficial Copvot 10-13-2015 Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Unofficial Copy Acc cial Copy Unofficial Copy Unofficial Copy Easement 2-14-12 Unofficial Copy Unofficial Copy Unof cial Copy Unofficial Copy Ung Page 9 of 19 Ac Name: Title: STATE OF TEXAS COUNTY OF BRAZOS This instrument wacopy Nice president acknowledged before me on by MARTHA C. LYNCH PUBLIC...
☆ STATE OF TEXAS EXPIRES 10-13-2015 Unofficial Copy Unofficial Copy... Unofficial Notary Public, Sigte of Tex jal Copy Unofficial Copy Unofficial Copy Easement 2-14-12 Grantee: Unofficial Copy Unofficial Copy Unofficial Copy Bryan/Traditions, LP, a Texas limited partnership Traditions Acquisition Partnership, LP, Unofficial Copy Unofficial copy Unofficial Copy By: Its sole General Partner By: xas limited partnership Traditions Acquisition Partnership GP, LLC, a Texas limited liability company, Its sole General Partner February 2012 Unofficial Copy Unofficial Cop Unofficial Unofficial Copy Unofficial Copy Uno jal Copy Unofficial Copy Unofficial Copy Page 10 of 19 jal Copy Unofficial Copy Ung Doc Bk Vol 01112886--OR 10545 Unofficial Copy Unofficial Copy Unof Ps 83 Doc Bk Vol 01112886 OR 10545.
apy Unofficial Copy Consent and Subordination by Lienholder Lienholder the holder of a lien on a portion of the Easement Property, consents to the above grant of an Easement, including the terms and conditions of the grant, and Lienholder subordinates its lien to the rights and interests of Holder, so that a foreclosure of the llen will not
the above grant of an Easement, including the terms and conditions of the grant, and Lienholder subordinates its lien to the rights and interests of Holder, so that a foreclosure of the llen will not extinguish the rights and interests of Holder.
Patriot Bank Unofficial Copy Unof by Name: Title: Eve STATE OF TEXAS COUNTY OF BRAZOS mancial Copy This instrume Unofficial Copy Unofficial.c Unostem Unofficial Copy Unofficial Copy Pues acknowledged before me on GLENDA CHAVEZ NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 05/06/2015 Unoffic Fes State of Texas P 84 Unofficial Copy Unofficial Copy Unof 2012 Chaly jal Copy Unofficial Copy Unofficial Copy Notary Pubi copy Unonicial Copy Unofficial Copy Unofficialvo Easement 2-14-12 Unofficial Copy Unofficial Copy Uno jal Copy Unofficial Copy Unofficial Copy Page 11 of 19 jal Copy Unofficial Copy Uno Doc 01120916 Bk Vol OR 10689 P 263 Unofficial Copy subordinates Doc Bk Vel Fig 01112886 OR 1054585 Unofficial Copy Unofficial Copy Unoffi The Casitas Condominium Association, Inc., consents to the above grant of an Easement, including the terms and conditions of the grant, and subordinates its interest in the Easement Property to the rights and interests of Holder.
Consent by Condominium Association The sasitas Condominium Association, Inc.
Unofficial Copy Unofficial copy Unofficial Copy Name: Title: Wear Clene Oncetor Unofficial Copy Unofficial Copy Unofficialok edged Unofficial copy Unofficial Co STATE OF TEXAS COUNTY OF BRAZOS by This instrument was acknowledged before me on diments MARTHA C. LYNCH NOTARY PUBLIS STATE OF TEXAS EXPIRES 013-2015 February 2012 Mailhan Notary Public, Statte of Texas Acce cial Copy Unofficial Copy Unofficial Copy asement 2-14-12 Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Unofficial Copy
3-2015 February 2012 Mailhan Notary Public, Statte of Texas Acce cial Copy Unofficial Copy Unofficial Copy asement 2-14-12 Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Unofficial Copy Page 12 of 19 cial Copy Unofficial Copy Ung Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop Exhibit "A" official Copy Unofficial Copy VOC 01120916 OR 10689 Doc Bk Vol 01112886 OR 10545 Pa 86 264 ocial Copy Unofficial Copy Uno METES AND BOUNDS DESCRIPTION 3.94 ACRE TRACT J. H. JONES SURVEY, A-26 BRYAN, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE). H. JONES SURVEY, ABSTRACT NO. 26, BRYAN, BRAZOS COUNTY, TEXAS 1 SAID TRACT BEING THE REMAINDER OF A CALLED 27.80 ACRE TRACT AS DESCRIBED BY A DEED TRADITIONS CLUB BY MELROSS LLC RECORDED IN VOLUME 6587, PAGE 223 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE REMAINDER OF A CALED 87.20 ACRE TRACT DESCRIBED AS TRACT I BY ADEED TO BRYAN COMMERCE AND DEVELOPMENT, INC. RECORDED IN VOLUME 4023, PAGE 71 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWEST LINE OF A CALLED 87.88 ACRE TRACT DESCRIBED AS TRACT 3 BY A DEED TO TRADITIONS CLUB BY MELROSE, LLC RECORDED IN VOLUME5153, PAGE 1 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 27.80 ACRE TRACT AND AN EASTERLY CORNER OF LOT IA, BLOCK 1, THE TRADITIONS SUBDIVISION, PHASE 16, ACCORDING TO THE PLAT RECORDER VOLUME 8094, PAGE #1 OF THE SPFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; $ 60° 25'38" E ALONG THE COMMON LINE OF SAID REMAINnoff OF 27.80 ACRE TRACT AND THEN S
E 16, ACCORDING TO THE PLAT RECORDER VOLUME 8094, PAGE #1 OF THE SPFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; $ 60° 25'38" E ALONG THE COMMON LINE OF SAID REMAINnoff OF 27.80 ACRE TRACT AND THEN S SAID $7.88 ACRE TRACT FOR A DISTANCE OF 376.48 FEET TO A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 75.00 FEET THENCE: CONTINUING ALONG THE COMMON LINE OF SAID FROD MAINDER OF 27.80 ACRE TRACT AND SAID $7.88 ACRE TRACT AND ALONG BAID CURVE THROUGH A CENTRAL ANGLE OF 163 44 55" FOR AN ARC DISTANCE OF 214.36 FEET (CHORD BEARS: N 38 CURVE; Loftfic "E-148.49 FEET TO THE END OF SAID 120 THENCE: N 43° 29 39" W ALONG THE COMMON LIVE OF SAID REMAINDER OF 87.20 ACRE TRACT AND SAID $7.88 ACRE TRACT FOR A DISTANCE OF 10927 FEET; THENCE: THROUGH SAID REMAINDER OF 7.20 ACRE TRACT FOR THE FOLLOWING CALLS: N6 53' 50" E FOR A DISTANCE OR 201.71 FEET; meiat copy PAGE 91 OF THOfficia OF 87.20 ACRE TRACT AND CALLED 324.83 ACRE TRACT AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT, INC. RECORDED IN VOLUME 4023, PAGE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: $ 42° 45'02" W ALONG THE COMMON LINE OF SAID REMAINDER OF $7,80 ACRE TRACT AND SAID 324.83 ACRE TRACT, AT 5.45 FRET PASS THE COMMON CORNER OF SAID REMAINDER OF $7.80 ACRE TRACT AND SAID REMAINDER OF 27.80 ACRE TRACT, CONTINUE ON POR A TOTAL DISTANCE OF 370.52 FEET; 160° 50°32 ALONG THE COMMON LINE OF SAID REMAINDER OF 27.80.4ΠΟΥ THENCE: N 60° SAID 324.63 ACRES FRACT FOR A DISTANCE OF 372.32 FEET TO A POINT ON THE CONDAONLINE OF SAID 1 cial Copy Urfafficial Copy ss Easement 2-14-12 cial Copy Unofficial Copy UnofficialCopy Page 13 of 19 Copy Unofficial Copy Unof cial Copy Unofficial Copy Unof
T TO A POINT ON THE CONDAONLINE OF SAID 1 cial Copy Urfafficial Copy ss Easement 2-14-12 cial Copy Unofficial Copy UnofficialCopy Page 13 of 19 Copy Unofficial Copy Unof cial Copy Unofficial Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy offocab Copy Unofficial Copy 01120916 OR 10689 265 Doc Bk Vol B1112886 OR 10545 REMAINDER OF 27.80 ACRE TRACT AND THE REMAINDER OF A51.87 ACRB TRACT DESCRIBED AS TRACT 6 BY SAID DEED TO TRADITIONS CLUB BY MELROSE, LLC (5351/1) MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS SIF 176.00 FEET; THENCE: ALONG THE COMMON LINE OF SAID NEMAINDER OF 27.80 ACRE TRACT AND SAID REMAINDER OF 51.87 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 32' 24" FOR AN ARC DISTANCE OF 133.74 FERT (CHORD BEARS: N 59° 37' 19" W-83.07 FEET) TO A POINT MARKING A COMMON CORNER OF SAID REL CAINDER OF 27.80 ACRE TRACT AND SAID TRADITIONS SUBDIVISION, PHASE 16, MARKING THE ENDING POINT OF SAID CURVE; Ps 87 E Unofficial Copy Unofficial Copy Uno THENCE: N03° 22° 40° E ALONG THEOMMON LINE OF SAID REMAINDER OF 27.80 ACRE TRACT AND SAID PHASE 16 POR A DISTANCE OF 232.32 FEET TO THE POINT OF BEGINNING CONTAINING 3,90 ACRES OF LAND, MORE OF LESS BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH ESTABLISHED FROM OPS OBSERVATION.
Un BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 DAWORK/MAB/ Unofficial Copy Unofficial Copy Unofficial Copy DRAD KERR 4902 Unofficial Copy Unofficial Copy Unofficialcopy cial Copy Unofficial Copy Unofficial Copy ass Basement 2-14-12 Unofficial Copy Unofficial Copy Unof Cial Copy Unofficial Copy Unofficial Copy Page 14 of 19 Cial Copy Unofficial Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy Exhibit "B" Copy Unofficial Copy Unofficial Copy Doc Bk 01120916 OR 10689 Vol Doc Bk Vol
py Unofficial Copy Page 14 of 19 Cial Copy Unofficial Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy Exhibit "B" Copy Unofficial Copy Unofficial Copy Doc Bk 01120916 OR 10689 Vol Doc Bk Vol 01112886 OR 10545 Ps 266 Ps 88 METES AND BOUNDS DESCRIPNON OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEIfficial Copy Unofficial Copy Unof METES DESCRIPTION OFA SACRE ACRE TRACT INB. JONES LEAGUE, A-26 DAKAN, BRAZOS COUNTY, TEXAS SITUATED IN THE J. H. JONES LEAGUE, ABSTRACT NO. 26, BRYAN, BRAZOS COUNTY, TEXAS, BATD TRACT BEING A PORTION OFLOT I, BLOCK 1, THE TRADITIONS SUBDIVISION, PHASE SIX, ACOBEDDING TO THE PLAT RECORDED IN VOLUME 6555, PAGE 46 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF LOT IA, BLOCK 1, THE TRADITIONS SUBDIVISION, PHASE 16, ACCORDING TO THE PLAT RECORDED IN VOLUME 1094, PAGE 1 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWESTO NORTHWEST CORNER OF SAID TRADITIONS SUBDIVISION, PHE SIX, BAST LINE OR CLUB DRIVE, SAME BEING A SOUTHWEST CORNER OF LOTY BLOCK 1, THE TRADITIONS SUBDIVISION, PHASE 16 (8094/81); THENCIATICK DISTANCE OF 404.50 FEET TO THE COMMON CORNER OF SAID LOT 2 AND SAID LOT 2 FOR A Grofistal Copy Unofficial cop THÌNCE N 17° 35' 45" W ALONG THE COMMON LINE OF SAID LOTS IA AND 2 FOR A DISTANCE OF 24 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FERT; THENCE THROUGH SAID LOT LA FOR THE FOLLOWING Unofficial Copy Unofficial Copy 1534" FOR AN ARC DISTANCE OF PP TO THE END OF SAID CURVE: ALONG BAID CURVE THROUGH A CENTRAL ANGLE OF 11.57 FEET (CHORD BEARS: N65 26 10" E-11.55) Unofficial Copy Unofficial Copy Uno OFAS FEET TO THE BEGINNING OF A N 58 48 24" E FOR A DISTANCE OF
SAID CURVE: ALONG BAID CURVE THROUGH A CENTRAL ANGLE OF 11.57 FEET (CHORD BEARS: N65 26 10" E-11.55) Unofficial Copy Unofficial Copy Uno OFAS FEET TO THE BEGINNING OF A N 58 48 24" E FOR A DISTANCE OF COUNTERCLOCKWISE CURVE HAVING AR OF 186.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 11'37" FOR AN ARC DISTANCE OF 61.80 FEET (CHORD BEARS: $ 49° 50° 10Q-68.41 FERT) TO THE END OF SAID CURVE; Co $ 60° 25° 59° E FOR A DISTANCE OF 61 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 114.00 FEB ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 47 12" FOR AN ARC DISTANCE OF $1.31 FEET (CHORD BEARS 47 32 23" E-50.88 FEET) TO THE END OF SAID CURVE; $34°38' 47" E FOR A DISTANCE OF 5.23 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 24.50 PEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79° 21'41" FOR AN ARC DISTANCE OF 31.94 FEET (CHORD BEARS: 874" 1937" E-31.29 FEBT) TO THE END OF SAID CURVE AND THE BEGINNING OF ACLOCKWISE CURVE HAVING A RADIUS OF 40.50 FEET; Acce cial Copy Unofficial Copy Unofficial Copy Easement 2-14-12 1 Cial Copy Unofficial Copy Unofficial Copy Page 15 of 19 Cial Copy Unofficial Copy Ung لالالالالف Doc 01120916 Bk Vol OR 10689 F'9 267 Unofficial Copy Unofficial Copy Unofficial Copy Doc Bk Vel P ALONG SAID CURVE THROUGH A CENTRAL ANGLE P155° 1659" FOR AN ARC DISTANCE OF 109.76 FEET (CHORD BEARS: $ 36° 21' 58" E-79.120BET) TO THE END OF SAID CURVE AND THE BEGINNING OF A COUNTERCLOCKWISE CL ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 5609" FOR AN ARC DISTANCE OF 33.13 FEET (CHORD BEARS: 803" 18" 28"-30.76 FHET) TO THE END OF SAID CURVE; $34° 3936" E FOR A DISTANCE OF SET TO THE BEGINNING OF A COUNTERCLOCKWISE
CENTRAL ANGLE OF 15° 5609" FOR AN ARC DISTANCE OF 33.13 FEET (CHORD BEARS: 803" 18" 28"-30.76 FHET) TO THE END OF SAID CURVE; $34° 3936" E FOR A DISTANCE OF SET TO THE BEGINNING OF A COUNTERCLOCKWISE DESCRIBED BY A DEED TO TRADITIONS CLUB BY MELROSE, LLO RECORDED IN VOLUM nofficial Copy Unofficial Copy Ung CURVE HAVING A RADEUS OF 58.80 FEET; ALONG SAID CURVE THROUGLA CENTRAL ANGLE OF 45° 51'59" FOR AN ARC DISTANCE OF 46.43 FEET (CHORD BEARS: 7 35' 35" E-45.20 FEET) TO THE END OF SAID CURVE ON THE COMMON LINE OF SAID L IA AND THE REMAINDER OF A CALLED 27,80 ACRE TRACT AS 6587, PAGE 223 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: $03° 22' 28" W ALONG THE COMMON LINE OF SAID LOT 1A AND SAID REMAINDER OF 27.80 ACRE TRACT FOR A DISTANCE OF 28.18 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1A ON THE NORTHERLY LINE OF THE REMAINDER OF A CALLED $1.87 ACRE TRACT DESCRIBED AS TRACT BY A DEED TO TRADITIONS CLUB BY MELROSE, LLC RECORDED IN VOLUME 5351 PAGE 1 OF THE OFFICIAL PUBICE RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE BBORNING OF A COUNTERCLOCKMORE CURVE HAVING A RADIUS OF 176.00 FEET; THENCK: ALONG THE COMMON LINE OF SAID LOT JA AND SAID REMAINDER O 1.87 ACRE TRACT AND ALONE SAID CURVE THROUGH A CENTRAL ANGLE OF 05" 54'29" FOR AN ARE DISTANCE OF 18. 15 FEET (CHORD BBARS: N 76° 13'37" W-18.14 FERT) TO THE THE END OF SAID CURLAND OF A CLOCKWISE CURVE HAVING A RADIUS OF 86.00 FERT; THE FOLLOWING CALLS: THENCE: THROUGH SAID LOT IA AND THROUGH SAID PHASE SIX FO no BEGINNING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 45' FOR AN ARC DISTANCE OF 53.67 FEET (CHORD BEARS: N 32° 32' 20" W-52.81 FRET) TO THE END OF SAED CURVE; N 34° 39 36" W POR A DISTANCE OF 94.33 94.33 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
7 FEET (CHORD BEARS: N 32° 32' 20" W-52.81 FRET) TO THE END OF SAED CURVE; N 34° 39 36" W POR A DISTANCE OF 94.33 94.33 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET; Unofficial Copy Unofficial Copy Uno ALONG SAID CURVE THROUGH A CENTRAL ANGDE OF 18 3521" FOR AN ARC DISTANCE OF 8.11 FEET (CHORD BEARS: N 43" 57 16" W-8.06 SHET) TO THE END OF SAID CURVE AND THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 40.50 FEET, Unofficial Copy Unofficial Copy na ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 36' 10" FOR AN ARC DISTANCE OF 13.15 FEET (CHORD BEARS: N 43° SFW-13.09 PBET) TO THE END OF SAID CURVE; N 34° 38' 47" W FOR A DISTANCE OF 69.12 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE GAVING A RADIUS OF 16.00 FERT; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 47 12" FOR AN ARC DISTANCE OF 34.71 FEET (CHORD BEARS: N 47 32 23" W - 38.38 PHET) TO THE END OF SAID CURVE N 60° 25' 59" W FOR A DISTANCE OF 68.77 FEET TO THE BEGINNING OF A CLOCKWISE CURVE 2 Ac cial Copy Unofficial Copy Unofficial Copy Fasement 2-14-12 cial Copy Unofficial Copy Unofficial Copy Page 16 of 19 cial Copy Unofficial Copy Uno 01120916 OR 10689 268 -boe BkVol 01112886 DR 10545 Ps 90 Unofficial Copy Unofficial Copy Unofficial Copy cla/ copy Unofficial Copy Unofficial Copy HAVING A RADIUS OF 214.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL AND LE OF 08° 05'23" POR AN ARC DISTANCE OF 30.21 FEET (CHORD BEARS: N 56° 23' 18" W-019 FEET) TO THE END OF SAID CURVE; 8 58° 48' 24" W FOR A DISTANCE OF 62.99GЕТ, 16 FEET; # $7° 12° 40° W FOR A DISTANCE OFDD $ 59° 51'01" W FOR A DISTANCE $ 78° 16' 58" W FOR A DISTA 48.26 FEET; E OF 43.67 FEET TO THE BAST LINE OF CLUB DRIVE; THENCE: N 11° 40'09" W ALONG THE BAST LINE OF CLUB DRIVE FOR A DISTANCE OF 43.32 FERS TOE
1'01" W FOR A DISTANCE $ 78° 16' 58" W FOR A DISTA 48.26 FEET; E OF 43.67 FEET TO THE BAST LINE OF CLUB DRIVE; THENCE: N 11° 40'09" W ALONG THE BAST LINE OF CLUB DRIVE FOR A DISTANCE OF 43.32 FERS TOE POINT OF BEGINNING CONTAINING 0.76 OF AN ACRE OF LAND, MORE OF LESS, BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM OPS OBSERVATION.
BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D/WOR MAB/12-051.MAB Copy Unofficial Copy Unofficial Copy Unofficial cop MAG Unofficial Copy Unofficial Copy AVEYOR jal Copy Unofficial Copy Unofficial Copy Oss Easement 2-14-12 Bofficial Copy Unofficial Copy Ung Filed for Record in: BRAZOS COUNTY Unofficial Copy Unofficial Copy Unoff On: Feb 22, 2012 at 03:χολι As a Recordings Document Number Amount 01112886 88.00 Receipt Number - 431615 By: Cynthia Rincon STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and pase of the Official Public records of: jal Copy Unofficial Copy Unofficia BRAZOS COUNTY as stamped hereon by se.
Feb 22,2012 HOHORABLE KAREN MCQUEEN, COUNTY BRAZOS COUNTY Page 17 of 19 jal Copy Unofficial Copy Unof S Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic CII N 43 13.4 OLS 214.40 85.00 384713 36.71 sarar" 18.34 3 лелиев men DRIVE Unofficial Copy Unofficial Copy Unofficial Copy LAND BOUNDARY SURVEY PLAT BRYAN, BRAZOS COUNTY, TEXAS J. H. JONES LEAGUE, A-26 ACCESS EASEMENT 0.76 ACRE OF A 14.
Of ♡ ww 10 ww 63 33.13 24.54 sarar78.12 HURAL ww Unoffici CURVE STATEOS PLAT 6555/48 PHASE SIX THE TRADITIONS SUBOMISION BLOCK 1 LOT 1 ง Unofficial Copy Un cial Copy LAND SURVEN $7.80 AC TRADITIONS CLUB BY MELAGBE, LLC WACT BLOCK 1 LOT SA Doc 01120916 OR 10689 Bk Vol P9 269 Doc Bk
/48 PHASE SIX THE TRADITIONS SUBOMISION BLOCK 1 LOT 1 ง Unofficial Copy Un cial Copy LAND SURVEN $7.80 AC TRADITIONS CLUB BY MELAGBE, LLC WACT BLOCK 1 LOT SA Doc 01120916 OR 10689 Bk Vol P9 269 Doc Bk Vol Ps 01412886 OR 10545 91 Unumeral Copy Unofficial Copy Ung LOT 2x BLOCK 1 TRADITIONS SUBOMISION 81 Unofficial Copy Unofficial Copy Unen cial Copy Unofficial Copy Unofficial Co Casement 2-14-12 cial Copy Unofficial Copy Unofficial Copy Page 18 of 19 cial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Exhibit "C" 01120916 Doc Bk Vol OR 10689 270 Pg Doc Ek Vol Ps 01112886 OR 1954592 Unofficial Copy Unofficial Copy Unofficial Copy CLUB C12 C11 010 28.00 18/3/2 46.30 183ru 86.00 254.0000 SEMAD JOELLERS Unofficial Copy Onofficial Copy Unoff i THE TRADITIONS SUBDIVISION PHASE 16 PLAT 8094/81 2 1 316.36 CLUB PROBERTYSELOMON THE TRADITIONS SUBDMSION PHASE SIX LOT 1 BLOCK 1 PLAT 5555/46 Unofficial Copy Ung CURVE RADKIS ARC TANGENT 3.30 1718 11.87 3.8 106.00 114.00 36.30 27412 81.31 26.10 782741 38.84 28.33 HIDDENBRIDGE PROPERTY SECT 011 $410841 8.31.30 31318.31 3 735346.30 73 18.14 *www.82.81 ப Smar Unofficial Copy Uno 150 N.439532" W 13.08 M473 92313 30.10 1748.28 1 LB 43.87 5761656 LSS154008 off cie 8 6 M LOT 1A BLOCK 1 CASITAS PROPERTY SECTION OTI ROUTEM A TO SHOLLOYAL ess Easement 2-14-12 jal Copy Unofficial Copy PREL 27.80 ACRE TRACT 8087/233 Unofficial Copy Unofficial Copy Unoff jal Copy Unofficial Copy Unofficial Copy 1 100 Page 19 of 19 jal Copy Unofficial Copy Unoff !
1 Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "B" ADDITIONAL PROPERT METES AND BOUNDS D afrofficial Copy Unofficial Copy Malcopy gi OF A CRIPTION 10.747 ACRETRACT J. H. JONES SORVEY, A-26 BRYAN, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION
T "B" ADDITIONAL PROPERT METES AND BOUNDS D afrofficial Copy Unofficial Copy Malcopy gi OF A CRIPTION 10.747 ACRETRACT J. H. JONES SORVEY, A-26 BRYAN, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION Doc Bk 01120916 OR 10689 Vol F3 271 ar Copy Unofficial Copy Unoff ALL THAT CERTAIN TRACT OR PARCEL OF OF LAND LYING AND BEING SITUATED IN THE J. H. JONES SURVEY, ABSTRACT NO: 26, BRYAN, BRAZOS COUNTY, TEXAS. SAIEXTRACT BEING A PORTION OF THE REMINDER OF A CALLED 87.20 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT, INC. RECORDED IN VOLUME 4023, PAGE 71 THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 324.83 ACRE TRACT AS DESCRIBED BY A DEED TO BRYAN COMMERCE AND DEVELOPMENT, INC. RECORDED IN VOLUME 4023, PAGE 91 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS FOLLOWS: SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY.
BEGINNING A nofficial Copy CRETES AND BOUNDS AS A POINT ON THE COMMON LINE OF SAD REMAINDER OF 87.20 ACRE TRACT AND SAID 324.83 ACRE TRACT MARKING THE SOUTH CORNER OF THE REMAINDEROF A CALLED 27.80 ACRE TRACT AS DESCRIBED BY A DEED TO TRADITIONS CLUB BY MELROSE, LLC RECORDED IN VOLUME REC OF BRAZOS COUNTY, TEXAS; Unofficial Copy official Unofficial Copy Unoffici DESOV Unofficial Copy PAGE 223 OF THE OFFICIAL PUBLIC THIENCE: N 42° 45' 02" E ALONG THE COMMON LINE OF SAID REMAINDER OF 27.80 AQ TRACT AND SAID 324.83 ACRE TRACT FOR A DISTANCE OF 370.52 FEET; CALLS: THENCE: THROUGH SAID REMAINDA Unofficial Copy Unofficial Copy Unof OF 87.20 ACRE TRACT FOR THE FOLOP ING N 21° 06' 10" W FOR A DISTANCE OF 285.43 FEET; S 68° 53' 50" W FOR A DISTANCE OF 201.71 FEET TO A 1/2 INCH IRON ROD FOUND ON THE EAST LINE OF THE REMAINDER OF A CALLED 87.88 ACRE TRACT
R THE FOLOP ING N 21° 06' 10" W FOR A DISTANCE OF 285.43 FEET; S 68° 53' 50" W FOR A DISTANCE OF 201.71 FEET TO A 1/2 INCH IRON ROD FOUND ON THE EAST LINE OF THE REMAINDER OF A CALLED 87.88 ACRE TRACT DESCRIBED AS TRACT 3 BY A DEED TO TRADITIONS CLUB BY MELROSE, LLC RECORDED IN VOLUME 5153, PAGE 1 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, SAID IRON ROD FOUND BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 90.00 FEET; ACRE TRACT FOR THE FOLLOWING CALLS: THENCE: ALONGfficial c ALONG SAID DISTANCE cial Copy Unofficial THE COMMON LINE OF SAID REMAIND Unofficial COLE OF 87.20 AND SAID 87.88 AID CURVE THROUGH A CENTRAL ANGLE OF 78° 12' 22" FOR AN ARC CE OF 122.85 FEET (CHORD BEARS: N 04° cial Copy Unofficial0W-113.53 FEET) TO THE cial Copy Unofficial Copy Ung !
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Unofficial Copy Doc Bk Vol Pa 272 01120916 OR 10689 END OF SAID SURVE AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 175.00 FEET; ALONGMAID CURVE THROUGH A CENTRAL ANGLE OF 44° 09' 26" FOR AN ARC DISTANCE OF 134.87 FEET (CHORD BEARS: N 10940' 30" E – 131.56 FEET) TO THE END OF SAID CURVE; Noofficial copy Unofficial copy ficial Copy UNGEET TO THE NORTHWEST CORNER OF 09° 24' 13" W FOR A DISTANCE OF 33.83 THIS HEREIN DESCRIBED TRACT; COPACRE DIS icial COOOF 87.20 ACRE TRACT AND SAID 324830V TRACT FOR THE FOLLOWING CALLS Unofficial COP HENCE: THROUGH SAID REMAINDEROV NG OF A N 75° 38' 45" E FOR A DISTANCE OF 373.81 FEET TO THE BEGINsic CLOCKWISE CURVE HAVING A RADIUS OF 525.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 33' 37" FOR AN ARC DISTANCE OF 105.93 FEET (CHORD BEARS: S 13° 25' 00" E - 105.75 FEET) TO THE END OF SAID CURVE; A DISTANCE OF 218.62 FEET TO THE BEGINNING OF A S 07° 38' 11" E FOCopy 32° 37' 15" FOR AN ARC SAIDafficISE CURVE HAVING A RADIUS OF 225.00 FEET;
13° 25' 00" E - 105.75 FEET) TO THE END OF SAID CURVE; A DISTANCE OF 218.62 FEET TO THE BEGINNING OF A S 07° 38' 11" E FOCopy 32° 37' 15" FOR AN ARC SAIDafficISE CURVE HAVING A RADIUS OF 225.00 FEET; COUNTERCLOCK ALONG SAID CURVE THROUGH A CENTRAL ANGLE DISTANCE OF 128.10 FEET (CHORD BEARS: S 23° 56' END OF SAID CURVE; 75' 33" E FOR A DISTANCE OF 82.18 S 400 Cop E-126.38 FEET) TO THE AFEET TO THE BEGINNING OF A Copy Unofficial Copy UnofficialCopy Unofficra ET: COUNTERCLOCK WISE CURVE HAVING A RADIUS OF 575.00 FEET; ALONG SAID CURVE THROUGH A CEN Copy Copy Unoff Unofficial Copy Unofficial Copy Uno CAL ANGLE OF 15° 08' 10" FOR AN ARC DISTANCE OF 151.90 FEET (CHORD BEARS: S 47° 47' 39" E-151.46 FEET) TO THE END OF SAID CURVE; CE OF 688.68 FEET TO THE BEGINNING OF A S 55° 21' 44" E FOR A DISTANT Copy Unofficial Copy Unof CLOCKWISE CURVE HAVING RADIUS OF 625.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 19' 02" OR AN ARC DISTANCE OF 68.91 FEET (CHORD BEARS: S 52° 12' 14" E – 68.87 FEET) TO THE END OF SAID CURVE; cial Copy S 49° 02' 43" E FOR CLOCKWISE CURVE DAVING A RADIUS OF 625.00 FEET; VE THROUGH A CENTRAL ANGLE OF COGINNING OF A 44' 38" FOR AN ARC official COP DISTANCE OF 282.01 FEET TO THE 05" E FOR A DISTANCE OF 372.54 Cofficial Copy DISTANCE OF .43 FEET (CHORD BEARS: S 47° 10' 24" E 40.83 FEET) TO THE END ALONG SAID CWG OF SAID CURVE; cial Copy Unofficial Copy Unort TO A POINT ON THE NORTHWESTERLY LINE OF MELROSE SAID POINT BEING IN A COUNTERCLOCKWISE CURVE HAVING A RADIOS OF 920.00 FEET; S 45° UnofoAY cial Copy Doc 01120916 Pk Vol OR 10689 F'g 273 ia THE END OF SAID CURVE; THE NORTHWESTERLY LINE OF MELROSE PARKWAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 11' 43 FOR AN ARC DISTANCE OF 51.31 FEET (CHOR BEARS: S 57° 37' 11" W – 51.30 FEET) TO THE
OF SAID CURVE; THE NORTHWESTERLY LINE OF MELROSE PARKWAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 11' 43 FOR AN ARC DISTANCE OF 51.31 FEET (CHOR BEARS: S 57° 37' 11" W – 51.30 FEET) TO THE THENCE: ALOmoffic THENG THROUGH SAID 324.83 ACRE TRACT FOR THE FOLLOWING CALLS: Unofficial Copy Unofficial Copy Copy 45° 18' 05" W FOR A DISTANCE OF ficia 1.07 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING RADIUS OF 575.00 FEET; THE PENTRAL ANGLE OF 03° 44' 38" FOR AN ARC DISTANCE OF 37.57 FEET (CHORD BEARS: N 47° 10' 24" W - 37.56 FEET) END OF SAID CURVE; COUNTERCLOCKWISE CORVE HAVING A RADIUS OF 575.00 FEET: Unofficialcony Unofficial Copy Unoffi ALONG SAID CURVE THROUGH official N 49° 02' 43" W FOR A DISTANCE OF 282.01 FEET TO THE BEGINNING OF A ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 19' 02" FOR AN ARC DISTANCE OF 63.40 FEET (CHORD BEARS: N 52° 12' 14" W-63.36 FEET TO THE END OF SAID CURVE; FOR A DISTANCE OF 464.85 FEET; W FOR A DISTANCE OF 156.75 FEET; Unofficial Copy Unofficial Copy Unofficial Copy 46' 39" W FOR A DISTANCE OF 206.51 FEE 39° 27' 39" W FOR A DISTANCE OF 178. FEET TO THE POINT OF BEGINNING CONTAINING 10.747 ACRES OF LAND, MORE OF LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION, N 41 Unofficial Copy Unofficial Copy Unofficiel Copy1 cial Copy Unofficial Copy Unofficial Copy Cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff cial Copy Unofficial Copy Uno Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "C" PLANS AND PLAT Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Doc 01120916 OR 10689 Bk Vol 274 Pg Unofficial Copy Unofficial Copy Unoff
opy EXHIBIT "C" PLANS AND PLAT Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Doc 01120916 OR 10689 Bk Vol 274 Pg Unofficial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ung cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoffi Z VICINITY MAP i !
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Unofficial Copy UnofficialCopy Unofficial Copy GABBARD ROAD 5 Unofficial Copy/Unofficial Copy Unofficial Copy NOT TO SCALE cial Copy Unofficial Copy Unofficial Copy VILLA MARIA ROAD CASITA WAY CASITA COURT FM 2818-HARVEY MITCHELL PARKWAY TURKEY CREEK RD Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy STATE HIGHWAY 47 CLUB DRIVE South TRADICI HSC PARKWAY PROJECT LOCATION DRIVE /cial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy FM 60-RAYMOND STOTZER PARKWAY Doc Bk 01120916 OR 10689 Vol 275 Pg Unofficial Copy Unofficial Copy Unoffi HIDDEN BRIDGE CONDOS cial CopyBUILDINGS 1, 2, & 3 QACINITY MAP icial Copy Une THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY JOSEPH P. SCHULTZ, P.E., LICENSE NO.
85889 ON APRIL 23 2012.
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ACRE TRACT RENACT 1 4023, PG. 71 P.U.E WIDTH VARIES 2004/81 15 P.LE 20° GOLF CART EASEMENT 8004/81 TRADITIONS CLUB BY MELROSE 3 87.88 ACRE TRACT, Official Unofficial Copy Unofficial copy 20 Ρ.Ο.Σ.
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8555/4 N03° 22' 28'5-232.201 PRIVATE ACCESS & UTILITY EASEMENT VOL10545, PG.74 EXISTING CART PATH BRIDGE CART PATH 20 P.U.E.
FOR EXISTING SEWER LINE 10° CART PATH EASEMENT L2 BLOCK 5.183 AC.
PHASE 16 5 PRIVATE
PRIVATE ACCESS & UTILITY EASEMENT VOL10545, PG.74 EXISTING CART PATH BRIDGE CART PATH 20 P.U.E.
FOR EXISTING SEWER LINE 10° CART PATH EASEMENT L2 BLOCK 5.183 AC.
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