Ss BéSaagds BK esd8’ of” RS Ss oO co NOTICE OF CQNFIDENTIALITY RIGHTS: TF YOU A NATURAL PERSON, YOU MAY RE OVE OR STRIKE ANY OF THESSOLLOWING INFORMATION s FROM THIS INSTRUMENT BEFORE IT IS FILER FOR RECORD IN THE PUBLIC Ne YOUR SOCIAL SECURITY NUME ER OR YOUR DRIVER'S LICENSE NUM .
zo OO ey § < & s© COVENANTS, CONDITSSNS AND RESTRICTIONS 9 s s s SF SF FOR Se my. « mS ) THE STATE OF TEXAS § § COUNTY OF BRAZOS & g 3 ° WV CF THE BOARS OF DIRECTORS of the ORGANIZ, IN OF TIFFANY PARK cstclished ugh INC., being a non-profit incorporatedgvtomeowners association duly established r the laws of the State of Texas, OPTS, ESTABLISHES AND > PROMULGATES these Covenants, Conditions and Res we which are applicable to those nine (9) Ege residential subdivisions, being describeg®y subdivision plats filed in the Official gf Recor f Brazos County, Texas for those Lots lige below in Phase TWO and all of Phases RS T trough EIGHT, EIGHT A and TEN of the TRRANY PARK SUBDIVISION, all of which args?
regfted below: Ss & Ss PHASE TWO Volume 2146, Page 160 ge PHASE THREE: ge Volume 3208, Page 263; 3 oO PHASE FOUR: C2” Volume 3378, Page 255, as Amended in _ C9 > Volume 3396, Page 257; RS ES PHASE FIVE: ee Volume 3497, Page 175; ee & PHASE SIX: & Volume 3497, Page 177; ° S PHASE SEVENS Volume 3861, Page 257; Ss PHASE EIGHT: Volume 4352, Page 114; PHASE EIGHT A: Volume 4394, Page 141; PHASE TEN Volume 5329, Page 196 3S \ These Covenang$ Conditions and Restrictions may be exte a, from time to time, to include additional tragis of land adjacent to the Phases identified above, which either have been previously devel or will be developed in a similar m and which are accepted for
from time to time, to include additional tragis of land adjacent to the Phases identified above, which either have been previously devel or will be developed in a similar m and which are accepted for Inclusion of swWh additional phases will be effective upon 8} filing of a plat or deed restrictions s in the Offiglgl Records of Brazos County, Texas requirigg membership in the Organization of RY Tiffany OP Homeowners, Inc. oe S . ~ oO o § § § RY SX sx Se Ss Ss Ss s s SF Donate Be e528 ge" oe Se ) = ARTICLE] & é DEFINITIONS 1. “Board” means the Board of DireStrs of the Organization of Tiffany Park cS cy cS Ss 2. “CC&Rs” means these Grants, Conditions and Restrictions. Ss 3 3; “Committee” meansgwe Architectural Control Committee as idengfied in e Article II of these? &Rs. o N < 4. Common fa” means all property included in th ts of those & subdivision having membership in the Organization. @f Tiffany Park Ss Homeowsers, Inc., but specifically excluding resi@ntial lots and is assumed to include those portions of Copperfield Drive, Oak Hill Drive and Tiffany Park Drive adjacent to Tiffany Park (as the term “Tiffany Par “aS defined herein). RY Q R 5 GBC” means the Organization of Tiffany Pag Fomeowners, Inc., which Oe an incorporated homeowners associatig? consisting in part, of all & Owners (as that term is defined herein) ing property in the member Ss Tiffany Park subdivisions. The HOG@hall have the duty to maintain, s operate and manage the Common niga as provided in these CC&Rs.
Q CF 6. “Improvement” or “Improvemehs? mean and include all buildings, roofed CF
subdivisions. The HOG@hall have the duty to maintain, s operate and manage the Common niga as provided in these CC&Rs.
Q CF 6. “Improvement” or “Improvemehs? mean and include all buildings, roofed CF . e structures, additions or exteggns on to dwellings, fences, walls or any & & changes in any exterior color shape (both original improvements and a s later changes and igen), provided such ae rT Improvements are visible from the Street (as that term is defined her€in).
é It does not include kaNdings, roofed structures, additions or sg on Wo to dwellings, {Sves, walls, swimming pools, garden s, tree e replacements, Qttandscaping that are not visible from the Stree s 7. “Lot” or. Pots” mean each parcel of land shown a Tiffany Park subdivisin plats filed for record in the in the OfficiaMRecords of Brazos County, Texas, on which there is to be built a single-family dwelling, and which are recognized as members within the HOC. The terms “Lot” or “Loi do not include Common Area. 3 ° ° 8. Sumner” or “Owners” mean the record ownep Sf owners of the fee simple ~Otitle to any Lot or portion of a Lot wij the member Tiffany Park ; & subdivisions on which there is, or will ei a detached single-family é Ss dwelling. For purposes of these CGSRs, the term Owner will include s Av contract sellers, but excludes persq@s or entities having only a security 4 Q : : oe interest in the property.
D Bk Vol Pp Se ebsggis OR 6528 93° NS S oO ey | 9, S&S “Street” refers to the right-of-way on with the dwelling fronts. In the é s case of corner lots, the term Street wiN@efer to both adjacent intersecting s RN streets. For those Lots that back up to Copperfield Drive, or are adjacent A R to Oak Hill Drive and Tiffany PafK’Drive, the term Street includes such of Oo rights-of-way. CG © > Se e oO © CO
ing s RN streets. For those Lots that back up to Copperfield Drive, or are adjacent A R to Oak Hill Drive and Tiffany PafK’Drive, the term Street includes such of Oo rights-of-way. CG © > Se e oO © CO & 10. “Tiffany Park” is a collefSve term referring to all subdivisions havige s membership in the HOGS s gs gs g ° ° ° s ARTICLE II > we GENERA STRICTIONS AND STANDARDS “ ge & < S S Ss Section 2.01. GENERW.. The restrictions and standards set forth 9 these CC&Rs will govern the overall development and use of each individual Lot in Tiffany Park. All Owners, lessees, purchasers, and to the extent prescribed in these CC&Rs, lenders will be bound by these standards and uses.
\ 3 x ° Section 2.02. MEMBERSHIP WITHIN THE HOC. Int membership within the HOC shall, in the capPof Phases Two through Eight and Eight Agg@quire an affirmative vote of ; at least 75% of membership for each platted subdivision Sursuant to the respective deed é restrictions for ¥ subdivisions. For Phase 10 and any fu hases, initial membership within s the HOC shall Be as a result of the developer filing deed restrictions requiring such membership 4 within the ec Upon attaining membership in the HQR each Owner shall then be recognized 3 asa meyfeer of the HOC, and all subsequent Owners Seal be recognized contemporaneously by RS cane a Lot within the HOC without further dogyfhentation of any kind. Membership withing the OC shall not be assigned, pledged or transfi¥ed in any way, other than through transfer ae to a Lot or Lots within the HOC. Any atigyetpt to make a prohibited transfer shall be vos ge Section 2.03. DEVELOPME SSTANDARDS. All proposals for the ial or Wo subsequent construction or external, @iodification of Improvements on any LS will be
t to make a prohibited transfer shall be vos ge Section 2.03. DEVELOPME SSTANDARDS. All proposals for the ial or Wo subsequent construction or external, @iodification of Improvements on any LS will be xe and will be submitted to the Co: ee, for review and approval. Variances xceptions may Ss be permitted, but only after rough and written approval by the Committee. Ss Section 2.04. NON-CONFORMING USES. Any Improvement or other structure that is existing and in place at the time of adoption of these CC&Rs and which does not conform to these CC&Rs will be “grandfathered” as a non-conforming use, and wille grandfathered for so use is functional and Sentinues to serve its intended purpose. Grandfathered non-conforming uses do not run with@he land and, therefore, may not be transfe to successive grantees of the ‘ Lot. Upon the traggter of title to any Lot, the “grandfather” de: Bios will automatically expire O and the new gdiitee must bring the Lot into conformanceSursuant to these CC&Rs. Non- Ss conforming yses may not be modified, changed, altered.gr replaced without the prior written \ approval e Committee. It shall be the responsi of the HOC to notify the Owner in S writing Aft such Improvements or other structures 3 considered to be non-conforming uses , > ° CO Oo °° .
& Ss = S oric S s s SS x S&F RS WV _ & & & s Ss Ss SX eo ey “Wo & & g Ss s Ss s s s Q Q Q ° 3 3 RY D Bk Vol Bp ee dagdacs OR 6528 947 ~ 2 oe LO Me : under these CC and that such uses may not be modifi changed, altered or replaced é without the pri ritten approval of the Committee. Suc ice may be filed of record in the s
OR 6528 947 ~ 2 oe LO Me : under these CC and that such uses may not be modifi changed, altered or replaced é without the pri ritten approval of the Committee. Suc ice may be filed of record in the s Official Recorfs of Brazos County, thereby providing notice to subsequent purchasers of the A existence @ such non-conforming use. If such a gute is filed for record and the non- 6 confo CS use is subsequently brought into compligkee with these CC&Rs, the HOC will then AS file aaiptice of compliance. e e & Section 2.05. APPROVAL OF PL SPECIFICATIONS. The Committe Sst Qyiew and approve in writing all of the folloWing to be constructed on any Lot. The criteria for ge submission, approval and notification oF re specifically set forth in Article III. S Oo Ry A. Vertical Structures ar@tmprovements: . se & (2) Any ext addition, change or alteration of any Igffrovement visible Ss from the‘Street and whose cost exceeds $5,000; B. Landscaping: Owners will be mindful of the trees and vegetation existing on the land and us@ every reasonable effort to preserve such,sees as land plans are develope andsoaping for front yards will be fully ed using St. Augustine or Berpuda grasses, or such other grasses as may beapproved by the Committee in g. In addition, minimum landscaping direments for front yards will regytre trees and shrubbery valued at no less iugS00.
oe how drainage from the subject Lot is discharged into the City of Bryan’s 9 oO the surface of the Lot or through. g@tb-surface system, such as a French Draig?
& Drainage will not be discharged og¥djacent Lots. °o < s s Ps Section 2.06. USE LIMITATIONS, Lots in Tiffany Park may be used only fo ingle-
t or through. g@tb-surface system, such as a French Draig?
& Drainage will not be discharged og¥djacent Lots. °o < s s Ps Section 2.06. USE LIMITATIONS, Lots in Tiffany Park may be used only fo inglex family detached residential dwellings eso compatible non-residential uses, why include Vv schools, parks and churches, or as mabe approved in writing by the Committee., §or purposes ‘ Ro of these CC&Rs, the term “single-fggmly” refers to the use of a dwelling by twog more natural & persons who are related by marrigge or kinship, or not more than two (2) adi atural persons s who are not related by marriaggpr kinship. Specifically, single-family residghial purposes shall exclude duplexes, garage apartments, fourplexes, or any other multi-family use.
C. 4 Drainage: All new residential st include a drainage plan showing 3 All Lots within Tiffany Park will be subject to the following restrictions, unless expressly waived in writing by the C@hmittee:: & OG dusiggthoke, noise or pollution, or which constituga nuisance or is hazardous by reaGon of fire or explosion, or injurious to the ttputation of any Lot in Tiffany s k, or in violation of the laws of the United States, the State of Texas, the arcounly of Brazos, the City of Bryan, 9 HOC or any other governmental Se Ww ns Sy @ 3 we wo no : & x s afric A D Bk Vol Pq Se aaseg 6 OR 6528 95 Ww ~ aC a eer . ne s augrity having jurisdiction over Tiffany Pat The Board shall have the CO SE lusive discretion to determine what constigafes a noxious or offensive activity. s RY B. Se No animals, livestock or poultry of any gad shall be raised, bred,.or kept on any & WV Lot, except that a reasonable number efMogs, cats or other household pets maybe \
e activity. s RY B. Se No animals, livestock or poultry of any gad shall be raised, bred,.or kept on any & WV Lot, except that a reasonable number efMogs, cats or other household pets maybe \ . e kept, provided they are not kept, bre@r maintained for commercial purposes. we x s . 0 professional, business or ercial activity to which the general Puy is invited shall be conducted en-any Lot, irrespective of whether such acyvity is 3 considered to be for-profiggr not-for-profit purposes. Garage sales, yagRsales or e periodic “parties” for ty&Sale of various products are specifically extided from this prohibition, provaged that such garage sale, yard sale or periggft party does < not occur more agin in any single 12-month period. The gard shall have s exclusive discretion in determining what constitutes a commesfial activity that is S prohibited by th&e CC&Rs.
D. No Lot will be utilized for any use not expressly permitted by these CC&Rs, or otherwise extressly permitted in writing by the Committeg!
ca s E. No buifding shall be erected, altered or permitted gn any Lot other than one det single-family dwelling not to exceed twatories in height, with a private gaxg¥e for not more than three (3) automobiles. Oo < SY F. 4 No window or wall air conditioning units will be allowed unless such window or 3 Se wall air conditioning units cannot be se m the Street. 9 OG = RS OU. Any residence constructed on a Tees not have less than 2,000 square feet Co x living space, exclusive of open orgtreened in porches, terraces, atios, drivew, s and garages.
s . = H. The exterior walls of ang @sidence shall consist of not less than cig percent ‘ WO C0
pen orgtreened in porches, terraces, atios, drivew, s and garages.
s . = H. The exterior walls of ang @sidence shall consist of not less than cig percent ‘ WO C0 x I. All roofs shall be@nstructed of fireproof materials consisti Sr composition © Ye s shingles over deging. S J. No garage, or any portion thereof, shall be enclosed and used as part of the living area of the dwelling.
3 K. All exter Bulors, textures and materials must be comPatible not only with the specifig?-design motif but also with adjacent and ounding Lots, and overall comggtnity appearance. a ) SY & L. OF sinzinrs, which has not been approved foPresidential use by the Committee, S ghincluding but not limited to trailers, molgte homes, motor homes, basements, 3 ° e c Ke \ Soak Vol Pg Se posesecs OR 6528 96 oO ey ; fog shacks and other outbuildings and accessogfstructures, shall be used on any é at any time as a residence, either temporanf} or permanently. s MQ All garage doors shall be kept closed excgfts necessary for ingress and egress. & ~ “ . ww : No repair work, dismantling or assep@ling of a motor vehicle or other machine: x or equipment shall be permitted y Street, yard, driveway or any portion of Ss Lot other than in an enclosed gahige. s 3 O. The use or discharge o Gearms, firecrackers or other fireworks wahin the ee P. No Lot shall be us Sr maintained as a dumping ground for rag or trash. All & garbage and oth waste shall be kept in sanitary container: here shall be no Ss burning of trash} garbage, leaves, brush or other debris. Trash bins should not be visible from the Street except on trash pick-up day.
Q. No individual sewage-disposal or water-supply systems | be pennitted on any y
bage, leaves, brush or other debris. Trash bins should not be visible from the Street except on trash pick-up day.
Q. No individual sewage-disposal or water-supply systems | be pennitted on any y R. No pers, mobile homes, boats, trailers or motgstomes non-motorized vehicle, tragtr, boat, marine craft, Hovercraft, aircraft, t s larger than one-ton pick ups, & ORchinery or equipment of any kind may besarked or stored on any part of any Ss ~O vehicles may be parked temporari a Lot or in the right-of-way for purpose & of loading or cleaning; provided ever, that such periods to load or clean ae s not be longer than 36 consectinhours in any one seven day period. Ss RY 3 S. No vehicle shall be par Se the Street overnight. All vehicles, whe? owned Wo by the Owner of the Logoe a guest of the Owner of the Lot, shall be eu ed in the . e garage or on the a a No vehicles may be parked in the fet yard of any x Lot. ° ° , Ss Ss T. No fence, wall, hedge or shrub planting that obstructs the sight lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner Lot in the triangular area formed by the street property lines and a line ggtnecting them at points sixty feet from the @ersection of the street lines, or rsd case of a rounded property corner, the intersection of the street lives as extended. The same sight line limita@dns shall apply on any Lot witli Mhirty feet from the intersection of a street@tdperty line with the edge of a $
ty corner, the intersection of the street lives as extended. The same sight line limita@dns shall apply on any Lot witli Mhirty feet from the intersection of a street@tdperty line with the edge of a $ dggeway or alley pavement. No tree shall bePermitted to remain within such Ss Wtances of intersections unless the foliage te is maintained to meet the sight agviine requirements set forth above. This prgghion does not pertain to mail boxes. Se © 2 en “ > nO a & = s © 16 .
S NB S S \ ge x fo wr eo e “O nO C § § & Ss s S x Se SO od od : © & S S S S Ry Ry 3s x 5 5 © VY RS Se One 66 GR 6528 97 ~ a SP , U. Noxténce, wall, hedge or utility meter shall be pitted, or permitted to remain, on é Lot nearer to the Street adjoining suc t than is permitted for the main s esidence on such Lot, except for decorative subdivision entry fences. All fences 3s Se shall be brick, wrought iron or wood con tion materials. Such fences shall not 3 WV be of such height in excess of six (6F feet. No barbed wire fences will be WV . e permitted. Chain link fences wide permitted, if such fences are locate des?
XS internally in the back yard of any¥$ot and not visible from the Street. Under Ss circumstances will chain link fetes be allowed as a perimeter fence. s 3s oy e eC Vv. No poles, flag poles, mah antennas, micro-wave platforms or satelk{fe’dishes, of oe any type, size or heig® shall be installed on any Lot, regardless oSWhether such & the envelop of. && dwelling or as approved by the Co tee. Under no S circumstances sMall such pole, flag pole, mast, antennae, micto-wave platform or satellite dish be visible from the Street, unless such location is in compliance with
pproved by the Co tee. Under no S circumstances sMall such pole, flag pole, mast, antennae, micto-wave platform or satellite dish be visible from the Street, unless such location is in compliance with City, State or Federal laws. Temporary flags for holidays or special events are specifically axempt from this provision. \ x x (w) r moveable or stationary) shall be locategea thru street or oriented on a ‘ Login such a way as to accommodate play in a street. For purposes of these & &Rs, orienting moveable basketball goal‘to allow play in a cul-de-sac is Ss permissible. \ & & & x Storage buildings may be located ji She back yard of any Lot, without the, “WO approval of the Committee unless storage building is visible from the Stregs@ & as defined herein. Any storage beNding visible from the Street must be moms s in writing by the Committee. YSich approval from the Committee will comdter 4 the materials used and type gf construction, as well as the “curb appeal.”
9° ° 9° Vv Section 2.07. MINIMUM SBSBACK LINES. All structures will be lopsted within O minimum setback lines as required,4Y the City of Bryan and the Committee. uilding shall x be located on any Lot line or neag$t to the front Lot line or the side Lot line tt the minimum Oo ee s building setback lines as shows On the respective subdivision plat for that pfoperty. If two or more Lots, or portions of two or more Lots, are consolidated into a single building site in conformity with Section 2.06, these building setback lines shall apply to the resulting building site as if it were one original, platted Lot. 4 , RQ".
Notuiihstendinee Oe foregoing, steps, walks, driveways & parking areas, power
these building setback lines shall apply to the resulting building site as if it were one original, platted Lot. 4 , RQ".
Notuiihstendinee Oe foregoing, steps, walks, driveways & parking areas, power adjacent Lots or §& respect to any intersections); landscagfsfg; and other Improvements $ approved in wee by the Committee are expressly excluded ¢6in these setback line provisions. Ss Sectigoh 2.08. RESUBDIVISION OR CONSOLIRATION. No Lot shall be subdivided, 3 re-subdive or split except as follows. Any person GWning two or more adjoining lots may CF ~ ° a a ow § § § s atic s S S S x Ca SF iO . .
§ § § Ss Ss s x eo SP a Key | Oo & Y Ss S S S RY 3s x 3 3 © VY RS Se Beare 6& OR 6528 38 oe OP , consolidate those ¥ts into a building site, with the privilege offdnstructing an Improvement, as é that term is defj@eéd herein, on the resulting building site. NgGot may be subdivided to provide s any additional Building sites. RY 3 g 9° ion 2.09. SIGNAGE. No signs of any t Schall be allowed on any Lot except one VY sign y@more than five square feet (i) advertisin property for sale or rent, (ii) a temporary rtising a garage or yard sale. Seasonalyfard decorations are not considered signagsfor Purposes of this Section 2.08. The signage authorized under this provision assumes texgporary 3 events. Once the property has been sold. ented, or the election is over, or the garagRor yard eC sale is completed, the signs advertising faese events must be removed. >
porary 3 events. Once the property has been sold. ented, or the election is over, or the garagRor yard eC sale is completed, the signs advertising faese events must be removed. > xX Signs of a flashing or mofhg character (unless expressly approved ivriting by the S not be permitted. The Co ttee, or its designee, will have the right to remove any nonconforming sign which is erected without the Committee's written approval.
Section 2.10. Se If exterior illumination is degited for any building in design and exterior illpatination otherwise existing in Tiffany Park gud will be designed to only shine on the partic Suilding and that particular building's |: eaping. Illumination will not ‘ affect the use oftiy adjoining property.
3 g 3 e Ce x oe ARTIGBE III eo eS ARCHITECT@RAL CONTROL s Section 3.01. ESTABLISHMENT OF THE COMMITTEE. To maintain standgr s of g\development, aesthetics and construction in Tiffany Park and at the same time to Rg ide for ox the necessary flexibility in addressingGraried and changing needs, the HOC establishes the se Committee, which will consist of Sree (3) voting members who will be ngtral persons & appointed by the Board. § & > ¥ The Committee will mee at least once each year at such location(s) a8 may be approved by the Committee (unless such meeting is waived in writing by all members) or upon the call of any two voting (2) members after five (5) business days notice to all members by telephone,
y be approved by the Committee (unless such meeting is waived in writing by all members) or upon the call of any two voting (2) members after five (5) business days notice to all members by telephone, telecopy or e-mail. An agenda for each meeting will be prepared in adyance by the Chairman.
Two voting (2) memberg OF the Committee constitute a quorum. A g@teurring vote of at least two (2) members of, Committee governs all actions. The Comittee will cause written minutes to be rage all actions taken by the Committee ‘will deliver a copy of such ‘ minutes to each mimber of the Committee and to the Boar@%f the HOC within seven (7) RS business days fePwing the close of each meeting. Ss Ss Tiggeamnities will act by a majority vote the members and no member of the ce Commits will incur any liability by reason of anyystod faith exercise of such member's or > ‘ x a oO .
& s = Ss OSG Ss S S 3s & on, SY ° % %, Doc Bk Val Pg Se eaBaghts OR 6528 99 W > Oe SP | members’ prerogagsfves as a member of the Committee. The C ittee will continue to operate é in this mannern@Mless the Committee modifies its rules offPperation by majority vote of the s Committee. Ry and all members of the Committee may be removed by the Board, with or RY without c 3 Further, the Board will have the exclusig? ight and power at any time, and from time to thate, to create and fill vacancies on the Comm & od o ” Section 3.02. AUTHORITY OF THE C@MIMITTEE. The Committee is responsible & geipretation of these CC&Rs and has the wht, but not the obligation, to enforce any ofall ovisions within these CC&Rs. In ae no Improvement will be erected, constructed, 3 placed, altered (by addition or deletion), @dintained or permitted to remain on any ion of a
ion, to enforce any ofall ovisions within these CC&Rs. In ae no Improvement will be erected, constructed, 3 placed, altered (by addition or deletion), @dintained or permitted to remain on any ion of a 9° Lot in Tiffany Park until plans and spe& ications, in such form and detail as the Coaberittes may reasonably deem necessary, will b@e been submitted to and approved in wring by the < Committee. The decision of the mittee will be made in its sole discretion $d will be final, & conclusive and binding upon s applicant and all Owners of property yw€hin Tiffany Park, Ss provided however, that all deci¥ions made by the Committee may be appealed to the Board, in a manner to be prescribed by the Board. Upon majority vote of the Board, such appeals may be upheld, reversed or remanded back to the Committee for further consideration. The review by the Committee will include spat will not be limited to, the following congerations: ° ce : ; oot, \ A. Quality workmanship and material; > wy © ES $ B. Prager facing of main elevation with respect to te Street; S sx S C. \ Conformity and harmony of the external design, color, type and appearance of 3 S exterior surfaces and landscaping to s ding structures and topography which & N are now or hereafter may be existing; D> Loe ae wo & Dz. Location with respect to topography and finished grade elevation and effect@ . location and use on adjacent and Improvements to include surface drainage.
Ss p Ss Section 3.03. LIMIT OF SC Sor APPROVAL. In no event will ary SSpproval \ obtained from the Committee be degaiéd to be a representation of any nature .earding the ve structural safety or engineering s ess of the Improvement for which su Qpproval was & obtained, nor will such approval ig¥ny manner represent compliance with any, Ohiding or safety
ure .earding the ve structural safety or engineering s ess of the Improvement for which su Qpproval was & obtained, nor will such approval ig¥ny manner represent compliance with any, Ohiding or safety s codes, ordinances or regulatiag§} nor will such approval be construed as representation or warranty as to any matter which is the subject of approval. Additionally, non-exercise of any powers conferred upon the Committee in one or more instances will not be deemed to constitute a waiver of the right to exercise such powers in other or different instances. Likewise, approval of any one set of plans angSpecifications will not be deemed to constitugapproval of any other plans or specifications, Q OC 2 oe Section 3.0@° CONTENT OF PLANS AND SPECIFIGQTIONS. The final plans and é specifications reg@rding a proposed Improvement will be, bmitted to the Committee, in s duplicate, for approval prior to the commencement of const®etion. Plans and specifications to be submittegsand approved by the Committee must compyg\with applicable City of Bryan codes, 3 oO ES < & ° S < Ss QYFi6 Ss Se Basagsee OR E526 108 RS > eo Ay es & A. AsSlot plan showing the location of all i ements, structures, sidewalks, s driveways and fences. Lot drainage provisjons will be indicated as well as cut ina fill details if any appreciable change ips Lot contours is contemplated. The } WV plot plan witl also incorporate suc Qiatters regarding adjacent Lots as is WV .o reasonably necessary, in the sole opi@h of the Committee, for the Committee to, 6?
and landscaping; g g
ittee to, 6?
and landscaping; g g ‘ ‘ ° Exterior elevations; 0 a & ~& s ge Structural design} Exterior materials, bor, textures and shapes; % vy oO im Landscaping plan, including walkways, fences and walls, elevation changes, sprinkler syst4ms, vegetation and ground cover; a ee > Oo 7 . Oo ‘ Park: d dri lan; ar! inggrea an veway plan: G. Angoscreening, including material, size, location ot method; é S S s H. Utility connections; 3 A 9° > Any exterior illumination, including loge ion and method; & Oo WO J Signs, including size, shape, colozgBcation and materials; & RY K. Such other additional mattersgs requested by the Committee; 6 ° 9° Section 3.05. BASIS OF AP. VAL. Approval of plans and specificat} Ss will be + based, among other things, on adega’cy of Lot dimensions, structural design, ggfformity and s harmony of external design and gf location with neighboring structures and Q¥ts, relation of s finished grades and elevationsy® neighboring Lots, and conformity to bag ‘the specific and general intent of the protective covenants contained herein.
Section 3.06. VARIANCES. In cases of special size or shape of Lot or condition of terrain or special use, operagion or treatment not provided for within the general conditions of the CC&Rs or for any othergfason, the Committee may, in its sole discreti$h, permit such variances or exceptions as it deey necessary or desirable. e xs ‘ Section 397. NOTICE FROM COMMITTEE. Aopen or disapproval as to & architectural coMrol matters as set forth in this Article I witSe in writing. At such time as the Ss
eey necessary or desirable. e xs ‘ Section 397. NOTICE FROM COMMITTEE. Aopen or disapproval as to & architectural coMrol matters as set forth in this Article I witSe in writing. At such time as the Ss plans and spPvifications meet the approval of the Canygties one complete set of plans and 3 specificattis will be retained by the Committee agthe other complete set of plans and ¢O WO GO ey ws & & Ss gis s 3s 3s \ g Vol Py es Pl | specifications wilk®e marked "Accepted" and returned to the Bt Owner. If found not to be in é returned marked, "Not Accepted", accompanied by a statement of items not in compliance with the restrictighs and standards. In the event the Commi sl to accept or not accept in writing x any plarg@and specifications and plats submitted in compliance with the provisions of genet sufficiently complete or are otherwiggthadequate, the Committee may reject theg®as ing inadequate or may accept or not accepMpart(s) conditionally or unconditionally and reject S\ the balance.
Se x Se Ry Section 3.08. INSPECTION @%n order to ensure compliance with the pr ions of this & inspect the construction of any BMprovements on any part of the property o, on-going basis Ss during the course of constructton. Such inspections will be conducted by thé Committee, or its
titled to & inspect the construction of any BMprovements on any part of the property o, on-going basis Ss during the course of constructton. Such inspections will be conducted by thé Committee, or its designated agent, for the purposes of ensuring that all construction is conducted in accordance with these CC&Rs and the Plans and Specifications accepted by the Committee. The Committee agrees to afford to any Owner which is constructing improvements writteg notice of its intention to inspect, and agrees, tae maximum extent possible, to conduct uch inspections during normal business hours@fid in a manner which will not unreasonally interfere with any of the construction or deyggsPment activities which are, at that point Bree underway. Each Owner or occupant of anPortion of the property acknowledges it is o@&ated to undertake such actions é discovered by the Committee during the course of such inggections. The cost of such inspections RY by the Corp tee will be a cost to the HOC. & & AC on oO ce “O Xe Ss MYANTENANCE s & responsibility, at their sole cost anggeXpense, to keep that part of the property ovgted or occupied s attractive condition at all times Such maintenance includes, but is not limited Io, the following: A. Prompt removal of all litter, trash, refuse and wastes.
B. Keeping a wn and garden areas alive and attractive; aPety mowed, trimmed,
Such maintenance includes, but is not limited Io, the following: A. Prompt removal of all litter, trash, refuse and wastes.
B. Keeping a wn and garden areas alive and attractive; aPety mowed, trimmed, watere fertilized; and free of weeds and vegetatigmiestroying insects.
C Keaghg exterior lighting and mechanical facilitiggh good working order. é D. Repair of exterior damages to Improvements, Y RY g R.
EO Repair and maintenance of drainage sys installed by the Lot Owners. CF SS S S S S 3s SX S& SF a arr & < & o o Ss Ss s eX SP es § ¢ & o s Ss Ss s s s Q 3 ° & A V D Bk Val Se Baagehcs OR 6528 102 OG Oo .O WO & & ‘ F, SMoplying with all governmental health and patty requirements, s Pg Seqgih 4.02. DUTY TO PAY FOR COMMON A MAINTENANCE. The HOC is 3 responsitle to maintain in a safe, clean and attractiy&éondition the Common Area of Tiffany .O Park, Sch Owner will be liable to and will moe reimburse the HOC, for any and all costs & incwed by the HOC pursuant to this Section&f.02, and each Owners’ individual liabilig® ¥ erning such costs will be determined proggta based on the number of Lots owned by wners having an interest in Tiffany Park. 4 ae Section 4.03. ENFORCEME 19 in the opinion of the HOC, any Owne: Xcupant oe has failed in any of the foregoing uses or responsibilities, then the HOC may giveuch Owner xX written notice of such failure and Qvner must within ten (10) business days afi¢tYeceiving such Ss notice, commence the perfo: e of the care and maintenance required ‘or pay Owner’s pro-rata portion of the Commdh Area and pursue with due diligence untiompleted or paid.
Should any Owner fail to fulfill this duty and responsibility within such period, then the HOC,
‘or pay Owner’s pro-rata portion of the Commdh Area and pursue with due diligence untiompleted or paid.
Should any Owner fail to fulfill this duty and responsibility within such period, then the HOC, through its authorized agent or agents, will have the right and power (but not the obligation) to enter onto the premises and.gerform such care and maintenance without liability for damages for wrongful entry, feet or otherwise to any Owner. The Owner, a occupants (including lessees) of any part of ew property on which such work is performeqyvill jointly and severally be liable for the cost.asuch work and will promptly reimburse,j@e HOC for such cost. Any ; assessment Sangre to an Owner's liability under Sectiogt.03 not paid within ten (10) é business days ager receipt of notice described in this Section yf bear interest from the tenth day s and any cost.gttributable to the HOC's performance of cargand maintenance as authorized in this 4 corsage interest from such date of Pe Toe at the maximum rate which may be Q ° chargedyider applicable law until paid (or at such | rate as may be determined by the HOC CF in its @yle discretion on a case by case basis fro tepre to time), and the Owner or occupant wile?
be ined to have agreed in writing to the pa of such interest and all costs, including co, Ris and attorneys’ fees which may be inc ry the HOC in collecting such amounts. If th Owner or occupant fails to reimburse the x within thirty (30) calendar days after receipt of a x statement from the HOC for maintenance ts attributable to its pro-rata portion of the mon XN Area and/or for the performance of cagfand maintenance as authorized in this Seck be, then the ‘ e indebtedness will be a debt of such, QMner, or Owners jointly and severally, and yt constitute a
n XN Area and/or for the performance of cagfand maintenance as authorized in this Seck be, then the ‘ e indebtedness will be a debt of such, QMner, or Owners jointly and severally, and yt constitute a & continuing lien and charge on th&property in the hands of the Owner, and t wher’s heirs, s devisees, personal representatin®, and assigns. The lien created may be enfatved by any means available at law or in equity, including without limitation a non-judicial foreclosure sale. The HOC may be the purchaser at any such foreclosure sale. Provided, further, however, the HOC, by its execution of this instrument, agrees it will (i) provide to any lender of any Owner or occupant thirty (30) calen@ay days written notice and opportunity to cura any such default prior documents as may be @pasonably requested by such lender relating, issues of lien priority under this Section whick@re otherwise consistent with this instru whereby the HOC would subordinate its lj@f to the lien of the lender so long as the legter agrees to cure all events of é default by “ack Sener or occupant within the time periods ecified in subparagraph (i) of this s & SX SX Se Ce ee & 16 oO Ss s 3 3 3 D Bk Vol Pp Se dabagfee OR E528 108 © oC .O Wo § = Ss ARTICLE W Ss & e 8 7 Section 5.01. RIGHT OF ACCESS BY T. OMMITTEE. After giving proper notice.
purg@enit to Section 4.03, the HOC, its employe agents, will have full rights of ingress o QOidscaping, and the exterior of any buildingsnd other improvements located on the Lot. WM at the expense of the Owner.
ver and upon each Lot ta@épair, maintain and restore the Lot, includy QOidscaping, and the exterior of any buildingsnd other improvements located on the Lot. WM at the expense of the Owner.
. > Section 5.02. UTILITY EA NTS. Utility Easements within Tiffany Pee are to be ce non-exclusive and will be defined ka@Separate instruments filed for record in the Q#icial Records meficiary of each easement has the right construct and oO of Brazos County, Texas. Th Ss maintain the utilities designat@ for such easements; provided, that if theérvient property is damaged as a result of construction or maintenance of the utilities, the benefiting Owner of the easement will make the necessary repairs to the servient property.
@ 3 9° 9 ARTICLE VI 3?
2D Ce MISCELLANEOUS PROVISIGNS Oo Oo SectionS01. APPLICABILITY. Each contract, dodt, deed-of-trust or mortgage which Ss may be exeqayed with respect to any property in Tiffany Paxk will be deemed executed, delivered \ and accep ®t subject to all of the provisions of this in; ent, including without limitation, the RX CC&Rg set forth, regardless of whether or not angxof such provisions are set forth in such cong, deed, deed-of-trust or mortgage and wher or not referred to in any such instrument. we So 9° ©) s Section 6.02. DURATION. ThesaYrovisions, including the covenants, restriogns, charges and liens set out run with and bind the land, and inure to the benefit of and are Se enforceable by every Owner of any pa othe property within Tiffany Park, includin; o& HOC, and its respective legal regucatel sehen successors and assigns, for a term beghting on the date of these CC&Rs, and continuyg? through and including August 31, 2029, which time & the CC&Rs will be automaticallgextended for successive periods of ten (1g) years unless a
a term beghting on the date of these CC&Rs, and continuyg? through and including August 31, 2029, which time & the CC&Rs will be automaticallgextended for successive periods of ten (1g) years unless a s change (the word "change" inches additions, deletions or modifications, inyPhole or in part) is approved by a minimum 75% of the total votes of the then Owners of the property within Tiffany Park (on the basis of one vote per Lot), at a meeting of the Owners held for such purpose.
Written notice of the time and place of any such meeting will be given to all Owners at least meeting may be called hy the Board of the HOC, or any Owner etioup of Owners whose voting rights are equato at least ten percent (10%) of the total vgtes which may be cast. No such change will kgeetfective until the original or a certified co such modified instrument is filed for record as e Official Records of Brazos County, THE Sectign 6.03. AMENDMENT. This instrument,ay be amended or terminated at any 3 time upoa és enty-five percent (75%) of the total vote e Owners in the manner of voting as & SS ie sf : s s g s s RY Doc Bk Vol Pq = oY C' defined in Sectiong of this Article VI. Any amendment or t@&Mhination will become effective é when an inst or certified copy is filed for record in eed Records of Brazos County, s Texas, the sig es of the required number of Lot Ownerg 0 the property within Tiffany Park.
S@Mon 6.04. WITHDRAWAL FROM THE . The by-laws of the HOC provides a WV mech: whereby certain subdivisions that petiggn membership within the HOC, may also & elegX%6 terminate such membership and withda@w from the HOC. In the event that
he by-laws of the HOC provides a WV mech: whereby certain subdivisions that petiggn membership within the HOC, may also & elegX%6 terminate such membership and withda@w from the HOC. In the event that sud@ivision elects to withdraw from the HOC, tefh these CC&Rs will immediately extinguiskis y relate to such subdivision phase, and wilPnot be enforceable by the HOC or other Qwhers gruitain the HOC against the Owners in the yNhdrawing subdivision. Sk oO Ry Section 6.05. ENFORCEM . The HOC or any Owner of any part ite property & out, as such CC&Rs may be Phended as provided. Enforcement of covenants and ) restrictions will be by any proceeding at Jaw or in equity against any person Yt persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land, to enforce any lien created by these covenants; and failure by the HOC or any other Owner to,enforce any such covenant or restriction willgn no event be deemed a waiver of the right to dog Vhereater Ro ~ Section 6.06, gSEVERABILITY OF PROVISIONS. st for Section 6.05, if any paragraph, section Sentence, clause or phrase of this instrument fill be or become illegal, null or é void for any re or will be held by any court of competeysfurisdiction to be illegal, until or s void, the rohwile paragraphs, sections, sentences, clauses or phrases will continue in full force A clauses phrases would have been and are imposed Without regard to the fact that any one or more giger paragraphs, sections, sentences, clauses @Dhrases have become or are illegal, null or &
ntences, x clauses phrases would have been and are imposed Without regard to the fact that any one or more giger paragraphs, sections, sentences, clauses @Dhrases have become or are illegal, null or & VoIaKg oO & & S S Section 6.07. EXEMPT PROPERT S All properties dedicated to and accepte ¥ a Vocal public authority and all properties o by a charitable or non-profit organization? empt . se under the by-laws of the HOC. Hower, no land or Improvements devoted to dwettig use shall ©) < be exempt from said assessments. & of s S S Section 6.08. ATTORNEYS’ FEES. Ifany controversy, claim or diate arises relating to this instrument, its breach or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees and costs.
s ~ Section 6.09. L L_ INTERPRETATION. These Ccegs shall be liberally construed to effectuate x3 purpose of creating a uniform and aesthepe ly pleasing environment in which to live. ee Section FO. NOTICE. All notices, acceptance, nongfeceptance, applications and other s communicatiqus required or permitted must be in writing are effective upon depositing in the US. Mail gf elivered by hand. Delivery by hand she be deemed to be effected when the Lo Oo ’ rs < SS Se sf s s g g Rp, & G, ror % & L Owner takes recefficial Copy of such notice or when such notice is affix handle of the residence..
Doc Bk OR Vol 6528 Pg 105 in some way to the front door official Copy Unofficial Copy nd captions used throughout this document Section 6.11. TITLES. The titles, headings and are for convenience only and are not to be used in construing these CC&Rs.
Section 6.12. RIGHT TO CONTRACT WITH THIRD PARTIES. Each Owner
t this document Section 6.11. TITLES. The titles, headings and are for convenience only and are not to be used in construing these CC&Rs.
Section 6.12. RIGHT TO CONTRACT WITH THIRD PARTIES. Each Owner perty located in Tiffany Park and each leder holding liens now or in the future on property, acknowledge the HOC retains the the right to enter into agreements with third parties and/or affiliated entities of the HOC for property located in Tiffany Park.
Unofficial Copy Unofficial Copy U Cop the development, maintenance and/or IN WITNESS WHEREOF, this Agreement has been executed by 18 day of Fam Tiffany Park Homeowners, Inc. the 18 BOARD OF DIRECTORS February ction of Organization of 2005.
ORGANIZATION OF TIFFANY PARK HOMEOWNERS, INC.
ΚΕΊΤΗ D. MURRAY President Unofficial Copy Unofficial Copy Unofficial Co STATE OF TEXAS COUNTY OF BRAZOS official Copy Unofficial Copy Unofficial § 88 § ACKNOWLEDGEMENT th Copy Unofficial Copy Unaf BEFORE ME, the understoned authority, a Notary Public in and for the State of Texas, on this day personally appeared appeared KEITH REI D. MURRAY, President of the Organization of Tiffany Park Homeowners, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it as the act and deed of the Board of Directors, the Organization of Tiffany Park Homeowners, Inc. for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDRI February MY HAND AND SEAL OF OFFICE this A.D. 2005.
NOTARY PUBLIC Notary Public, State of Texas 8 DANA L. SWEET KE OF TEXAS Unofficial Copy Unofficia My Commission Expires SEPTEMBER 19, 2006 1811 day of Notary Puble, State of Texas My Compassion Expires: 9-19-06 Unofficial Copy Unofficial Copy, Unofficial Copy 16
OF TEXAS Unofficial Copy Unofficia My Commission Expires SEPTEMBER 19, 2006 1811 day of Notary Puble, State of Texas My Compassion Expires: 9-19-06 Unofficial Copy Unofficial Copy, Unofficial Copy 16 Unofficial Copy Unofficial Copy Unof cial Copy Unofficial Copy Cial Copy Unofficial Copy Cial Copy Unof Copy Uno Unofficial Copy Unofficial Copy Unofficial Copy Doc Bk Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Vol Pg 106 Unofficial Copy Unofficial Copy Unof Unofficial Copy Unofficial cop cial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy Unofficial Copy AFTER RECORDING RETURN TO: Organization of Tiffany Park Homeowners, Inc.
P.O. Box 861 Bryan, Texas Texas 77805-3861 Unofficial Copy Unofficial Copy Unofficial Copy 16 Filed for Record in: BRAZOS COUNTY Feb 21,2005 at 02:19P As a Recordings Document Number: 00882866 Ampunt 39.00 Receipt Number - 261022 By, Betty King STATE OF TEXAS COUNTY OF I hereby certify that this instrufen was filed on the date and time stamped herion by ze al Copy Copy Unof Unofficial and was duly recorded in the volume and page of the naved records of: BRAZOS COUNTY as stamped hereon by me.
Feb 2005 HONORARDE KAREN MOOKIEEN, COUNTY CLERK BRADOG COUNTY Unofficial Copy Unofficial Copy Unof Cial Copy Unofficial Copy Cial Copy Unof