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Legal Document SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS ~ ~ COUNTY OF BRAZOS ~ THIS DECLARATION, made this_ day of August, 1993, by Real Alchemy L.P., a Texas limited partnership, hereinafter called Developer or'Declarant; WITNESSETH: WHE~EAS, Developer is the owner of real property described as: Lots One (1) through~ighty-One (81), Block "E",according to the plat of Block E of Eastmark Subdivision, Phase II, a subdivision in College Station, Brazos County, Texas, said plat being duly recorded in Volume 553, Page 645, Deed Records, BrazOs County, Texas; and WHEREAS, the Developer's. predecessor in title imposed certain deed restrictions upon real property the same being described as Lots One (1) through Sixty-eight (68), Block "F"; Lots One (1) through Thirty-four (34), Block "G"and Lots One (1) through Eighteen (18),. Block "H" of EastmarkSubdivision,Phase II, a subdivision of College Station, JBrazos County, Texas, according to the plat thereof recorded in Volume 553, Page 645, .Deed Records of BrazosCo1.l.nty,Texas, which Covenants, Conditions and Restrictio]l1s are recorded in Volume 585, Page 424 of the Deed Records of Brazos County, Texas (herein the "Original Restrictions"); and WHEREAS,! Section 2 of Article II of the Original Restrictions provides that: "The Developer, its successor and assigns (the herein Developer's predecessor in title) shall have the right. to bring within the. scope of this Declaration additional properties tJb.ereby subjecti*g, such additional ,lands ,to this Declaration, by filing of record a Supplementary Declarationofcoven;antsandrestrictions with respect to the additional property..."; and ~REAS,Developerdesires toiinclude Lots One (1) through Eighty-One (81) of Block "~II in the Origin~lRestrictions by the filing of such Supplemental Declaration of Covenapts,CpnditionsandRestrictions; and ~~AS, . ,DeyeIQper's. predecessor in title created the Eastmark Subdivision Improvmffie~tAss?~~tion: whic,b ~as dele?ated and assigned the powers of maintaining and admipi~~er~~:~~e~~n:p:no,nprmprrties attd facilities and administering and enforcing the cove,a~~~iffl~ryS~AWQns~d (l91lecting apd disbursing the assessme~ts and ch~rges created in thr ~~~~f1~~..Rrs~rictions wliich Association shall also govern the additional properties herem '~m#rP; ~~'r''I1HEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT the Develo~ertl~(llares that. Lots One (1) through Eighty-One (81), Block "E", Eastmark Subdivi~~Qn Phase IT (also to be known as Lots One (1) through Forty (40) of the Resubdi'ri$ion~fBI?Fk "~", Eastmark Subdivision Phase II), and such additions thereto as may heIe~fter,br.mape p~rsuantto Article II hereof, is and shall beheld, transferred, sold, conveY~d al1dpfCll.pi~d ~lfbject to thecoyenants, restrictions, easements, charges and liens (sometimes referred! to as "covenants and restrictions") hereinafter set forth. ARTICLE I DEFI~JITI01\TS Section 1. lbe following words when used in this' Declaration shall mean: (a) "ASSOCIATION" shall mean and refer to The Eastmark Subdivision Improvement Association, or its successor in interest. (b) "THE PROPERTIES" shallmean and refer to all such existing properties, and additions thereto" as are subject to this Declaration and the Original,Restrictions. (c) "COMMON PROPERTIES" shall mean any tract' of land, or portion thereof, described as such and intended to be devoted to the common use and enjoyment. of the Owners of the Properties (including, but not limited to, common drives, easements, buffer zones, parks, recreation areas .and pools). (d) "LOT' shall mean and refer to any plot of land shown upon any recorded subdivision map or replat thereof of the Properties with the exception of any Common Properties' as heretofore, defined. (e) "LIVING UNIT" shall ,mean and refer,to any portion ofa building situated upon the Properties designated and intended for use and occupancy as a'residence by a single family (or. ~roup not exceeding four (4) persons if not aU in the same family) or in the event the building isa duplex, occupancy by two families (or two (2) groups not exceeding four (4) persons in each group if not all in the same family). (f) "OWNER" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fe,e simple title to any Lot or Living Unit situated up()n the Properties, but, notwithstanding any applicable theory of mortgage, shall not mean or refer to a mortgagee unless and until: such mortgagee' has acquired ,title pursuant to foreclosure or any proceeding in lieu of foreclosure. (h) "ME~BRS" shall mean and refer to all those Owners who are members of the Association..asprovided,.in,,~ticle III, Section 1, hereof. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. Existing Property. The real property which is, and shall bel~ held, transferred, sold, conveyed, and occupied subject to this Declaratio~ is located in tht~ State of Texas, County of Brazos, and is particularly described above. Section 2. Addition to Existing Property. The Developer, its' s:p.fFessoJrs and assigns, shall have the right to bring within the scope of this Declar~t~<?;q. additional properties thereby subjecting such additional lands to this Declaration, b)f f~wtg of record a Supplementary Declaration of covenants. and restrictions with respect tpffl-r additional property which shall extend the scope of the, covenants and restrictions of lth!j~: pecl~Lration to such. property. Such Supplementary Declaration may ,contain suchcomplementaryadditiolls and modifications of the covenants. and restrictions contained in this Declar~t~ph as may be necessary to reflect"the different character, ',if any, of ' the added propertie~ ~nd as ,are not inconsistent with the scope bf this Declaration.. .In nb event, however~ ~~~l any such Supplementary. Declaration ,revoke, modify or add to the covenants establ~shed by this Declaration'.within the ,existing property. !. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity being a record owner of a fee or undivided fee interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall bea Member of the Association" provided that any such person or entity which holds such interest' merely as security for the performance of any obligation shall not. be a ,Member. Section 2. Voting Rights. The Association shall have one (1) class of voting membership. Members shall be all those owners as defined in Section I.! Members shall be entitled to one (1) vote for each Lot or Living Unit in which they h~ld the interests required for membersbipbySection 1. When more than one (1) person holds such il1terest or interests in any Lot or. Living Unit, all such. persons shall be Members; !andthe vote for such Lot or Living Unit. shall be exercised as they among themselves detepm~e, but in no event shall more 1han one(~)vote be cast with respect to any Lot regardless of the number of Living Units located thereon. Section 3.. . ~e~b~r~,Meeting. (a)'. . There,s~a11ib~tffiannual meeting of the Members of the Association. Annual meetings will be setpr ~~i,.Jtl9~d of Directors and provided for in the Bylaws. (b) . 'I'J;1~ Bq~d,of~i~ectors shall be elected by majority vote of ~embers voting. The Board of Directo~sstIaJI"icCJ)nsist of at least three ,(3) persons, and not, more than nine (9), as will be determined by Members voting at the annual meeting, and as provided in the Bylaws. ( c) The Board of Directors shall be responsible for the affairs of the Association and shall adopt such Bylaws and regulations as necessary to carry out its functions, but the Board shall not adopt Bylaws or regulations which are contrary to provisions as set out herein. ~ ~ ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer for each Lot and Living Unit owned by it within the Properties hereby covenants and each Owner ,of any Lot or Living Unit by acceptance, of a deed thereof, whether or not it shall be so, expressed in any such deed or other conveyance" shall be ,deemed to covenant and agree to pay to the Association; (1) monthly assessments or charges;, (2) special assessments 'for. 'capital improvements, such 'assessments to be fixed, established and collected from time to time as hereafter provided. The monthly and special assessments, together with such interest thereon,andcosts,of,collection thereof as hereinafter provided, shall be a charge on the land and sh.all bea continuing lien upon the property against which such assessment is made. Each such assessment~ togelher with such interest thereon and cost of collection thereof as. hereinafter provided, shall also be the personal Obfgation of the person who was the Owner of such property at the. tiIne when the a~sessmeqt fell due. Section 2. . Purpose of Assessments. ! The as~essments levied by the Association shall be used exclusiy-elyfor.the purpose of p,romotin~ the recreation, health, safety, and welfare of the resid~nts in the Properties a,n~ in p4U'ticu1ar for the improvement and maintenance of prqp~rties, services, and facilit~esd~vote<l to this purpose and related to the use.. and enjoytnent ~ftl1e Common Propeffies tpgetperwith . main~enance of the front entrance, subdivision:si~the buffer landscape Which fronts on Southwest Parkway, and all platted landsc~pe. an, access.. easements. Section.3.: ~asisand Maximum of Monthly Assessments. Commencing on the date hereof, the nlOnt~ly~ssessment on each Lot belonging to a Member shall be $10.00 until July 1, 1995. Thereafter such assessment shall be set by vote of the Members, as hereinafter provided, for the next succeeding three (3) years and at the end of each such period of three (3)' years for each succeeding period, of three (3) years. , Members who are owners of Lots or Living Units subject to these Supplemental Restrictions shall, pay monthly assessments as established from time to time by the Board, at a, rate of not greater than 2.5 times the rate set by the Board of Directors for those Lots subject to the Original Restrictions; provided however, Lots One (1) through (15), shall only pay an amount equal to Lots and Living Units subject to the Original Restrictions.. The Board of ,Directors of the Association may, after consideration of current maintenance costs and further needs of the Association, fix the actual assessment for any period at a lesser amount. For the purpose ,of ,figuring the amount of assessment, where a single family residential unit is constructed on more than one lot (as lot is shown by recorded plat), then and in that event, such unit ,shall be" for the purpose of, assessment, considered as one lot, and the Owner of such unit shall'not be entitled to ,more than one vote. Section 4. , . SpeciaL Assessments for CapitaL Improvements. In addition to the monthly assessmellts authorized by. ..Section · 3 . hereof, the Association. may levy in .any assessmentyeaf a special assessment, applicable to that year only,: for the purpose of defraying in. whol$or in part, the . cost of any construction or reconstru~tion, unewected repair or replacement ofadescribedcapital improvement upon the ~01pmon Properties, including th~ necessary fixture & and per&onalproperty related theret~, proviped that any such assessm~ntsha11 havet~e a&sent of two-thirds (2~3) of the votes Af ~he ~~mbrrs who are votingiIIvers8norby proxy at a meeting duly called for this purp?~e~wri~tel1nptice of which shall be selWtO..all Members at least thirty (30) days in advance and shan s~t forth the purpose.of the meeting. SectionS. .. C~an~ejn~asisand Maximum of Monthly Assessments. Subject to the limitations of Section ,6~hereof,iand for the periods therein specified, the Association may change the ll1aximum~dbasisofthe assessments fixed by Section 3 hereof(prospectively) for any suchperio~pr()rdedthatanrsuch change shall have the assent,oftiVo-thirds (2/3) of the votes of theMe~befs who'ar~ yating inperson or by proxy at a meefipg duly caned for this pUl'J?os~, vvritt~~n()~i((t1()fwhich shalLhe sent to all Members at least thirty (30) days in adyance.and sli~ll. ~~t f0r~hi try. purpose ,of the meeting. Sectio~6... ..... q~~ruDl~o~I~~~,~ction~uthorized under Section 4 and 5. The quorum req~~rr~.f()r ~~a,c~~()tt~~t~Rr~~ed by Section 4 and 5 hereo~, shall.be as follows: At the;-s~.Dle~t~ ~al~9d,i~~r()~ded in Section 4 and 5 hereof, the presence at the meeting o~ ~eJ]D-~~~s'~~:lofiPn~1~,~'I~~~i~~Fd to cast sixty (60) percent ofallt~~ votes of each class ofIf9~~~li~n~p,~~al\ A~l1~~t~~~~i quorum. If the required ~~o~Dl. at any ~uch subsequen.t .',1f1~y~g~~all ;be?~~t~~~f~1/2) of the required quorum~t:the ,preceding meeting, pr,yi~~~ij~~ll1O suc~'I~~b~~huent meeting shall be held mo[(~tha*sixtY (60) days following ~~~i p.f~~~piIJ~my~~ng.'.. .. .... Sectio,nV. ,.,<p~te ?f,~?~~~cement of Special Assessment. The due date of any special assessmemt under S~c~ioll!4; hereof shall be fixed in the resolution authorizing such assessment. Section 8.. ... Duties ofthe.B9ardof directors. The Association shall upon demand at any time~nrlSb.. to any . Owner' lia~le for said assessments a. certificate ipwriting signed by an officeroftl1eJ\ssociation,sr~t~g forth whether said assessment bas be.en paid. Such certificate shallb,e c()nclusiveeviqen~,e of payment of any assessment therein stated to have . been paid. Section 9. I' . I. Effect ofNon-~~yment of Assessments: The Personal Obligation of the Owner: The LieD;; Remedies of tl1~:1\!ssociation. If the assessments are not paid on the date when due~ then .~rchassessment~~ffllbecome delinquent and shall, tog~ther with such interest thereon~~d. cost of colleF~~9P thereof as hereinafter provided, thereupon become a continuing)iel1. p~,the proper~'Y~ich shall bind such property in the hands of the then Owner, his heirs,:."ptyisees, p~rsofffl.'fepresentatives and assigns. The personal obligation of the Ownertq.'~~~/i~ch ass~ssmle1.lt, however, shall remain his personal o1?ligation for the statutory periocl(l.nd:shallnot pas$ to his successors in title unless expressly assunled by them. If the ass~sslI1ep~ is not paid within thirty (30) days after the delinquency date, the assessment shallheaJTi~terestfrolI1the date of delinquency at the rate Of ten (10%) percent per annu~~d fl1e1'~ociatio,n~ay bring an action at law against the Owner personally obligated to:pa~!~p~ls~P]1e or Jofmeclose the lien against the property, an~thereshaU be added to the:all.lCf>1.1nt()f;suchasse~sment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include iIlterest on the assessment as "above provided and a reasonable attorney's fee to be fixed "by the Court together with the costs of the action. Section 10. Sllbordinationof the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages flOW or hereinafter placed upon the Properties subject to assessment; provided,. however, that such subordination shall apply 'only to the ,assessments . which have become' due and payable prior to ,a sale' or transfer of 'such property pursuant to ',a decree of foreclosure, or any i other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments ",thereafter becoming due, nor from the lien or any such subsequent dassessment. Section 11. Exempt Property. The following property subject to this Decl(]lration shall be exempt from the assessments, charges and lien created herein; (a) All properties to the extent of any easement or other interest therein dedicated and accepted by the local publica~thority and devoted to public use; (b) Any Common Properties as def~ned herein; (c) All properties exempted frQm~ t*ation by the laws of the State of Texas upon the terms and tothee~ent ofsuc4Iegale)(etpption. Notwithstanding any provisions he~ein, poland or improvements devoted to dwelling use shall be exempt from 'saidassessments,cqarges and liens. ARTICLE VI ARCHITECTURAL CONTROL COMMITfEE Section 1. Review by Committee. No building, fence, wall or other structure shall be 'commenced, erected, or maintained'upon th'e Properties, nor shall any exterior addition to or change or alteration therein be macleuntil the plans and specifications showing the nature, kind, shape, height, materials, alfdj1locfition of the same shall have been submitted to and approved in. writing by the. Ar9ht~~,~wral. Control. Committee as to harmony of exterior design and location in.. r~lationl.~?,s1fTounding' structures and topography. The Architectural Control Committee shall be~omposed of three (3) members. The Committee shall originally be composed of: Names: Addresses: Paul J.Clarke 3608 East 29th Street, Suite 100 Bryan, 'Texas 77802 Clinton Schroff 3608 East 29th Street, Suite 100 Bryan, Texas 77802 Karen Coleman 3608 East 29th Street, Suite 100 Bryan, Texas 77802 Any two (2) members will constitute a quorum and the vote of any two (2) will control the action, of the Committee. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate' a successor. If the Committee, or a designated representative, fails to give written approval or disapproval within thirty (30)dqys after plans and specifications have been submitted to it, or in any event, iino suit to enjoin the construction has been commenced prior to the completion of the improvements, approval will not be required and the provisions of this Article will be deemed to have been fully complied with. The Board of Directors of the Association shall appoint a committee of at least three (3) individuals who are Members of the Association to act as and carry on the functions and duties of said Architectural Control Committee for such term or terms and in such nlanner as the Board of Directors shall direct. ARTICLE VI-A ADDITIONAL COVENANTS AND RESTRICTIONS Section 1. Covenants and Restrictions on Lots. (a) Land Use. All lots shall be used for residential purposes only. (b) Minimum Floor Area and Exterior Walls. Any residence constructed ()n said lots must have a heated/cooledarea of not fewer, than 1,000 square' feet, exclusive of open or screened porches, terraces, patios, driveways, carports, and garages. The front exterior walls of any residence shall consist of not less than eighty (80%) percent masonry construction. ( c) Set Backs. Minimum building set back lines shall be those shown on the recorded replat of the Resub.divisionofBlock E to be filed of record within ten (1()) days hereafter in the Official Records of the County Clerk of Brazos County, Texas. No bllilding shall be located nearer ,than fifteen' (15') feet to the front ,lot line nor nearer than fifteen (15') feet to any side street lot line and the subject property shall at all times ,be subject to any legally adopted side yard requirements of the municipality or other goverrunental authorities which have jurisdiction over the subject property. (d) Fences. Allfence~shallbe subject in all respects to Architectural C;ontrol Committee approval, and chain link fences shall not be allowed on any lot. NofroIlt yard fences shall be allowed in any event. (e) Animals. No animals, livestock, or poultry of any kind shall be. bred, raised, or kept on any Lot orConimon Properties, except dogs, cats, or other household pets may be kept, provided they are not kept, bred or maintained for any commercial plLlrpose and do not constitute a nuisance. (f) Illegal Purposes. No Lot or any part thereof shall be used for ille~gal or immoral purposesor;anypurpose,within the discretion of the Architectural C;ontrol Committee, whichcornstitutesanuisance. (g) OtherBuildings. No structures of a temporary character, mobile home, house trailer, truck body,ba~ement, teI1~, shack, garage, barn, or other outbuilding shall at any time be used as a resid~nce, nor shall' any. residence of any temporary character be permitted. (h) O~d ,Bu~ldings. Ni?! structures shall be moved onto any residential lot. (i) Rentals. Renting> to roomers or toa second family occupying the Lot is prohibited. (j) Antennae. No television or radio antennae shall be erected or maintained on any lot. (k) Y ards.AlI yards of a. dwelling shall be maintained so as to pe an aesthetic asset to the dwelling. (1) Yard Appearance. All lots shall be kept at all times in a sanitary, healthful and attractive condition, and the owner or, occupant of any lot shall keep all weeds and grass thereon cut and shall in no event use any lot for the storage of material and equipment except for normal residential requirements, and shall not burn any garbage, trash or nlbbish. All clothes lines, yard equipment, woodpiles ,or .storage piles shall be kept screened so as to conceal them from view of neighboring lots, streets or other property. (m) Easell1ents. The use of easements as shown on the plat is granted to tIle City of College Stationalld the various companies in the City of College Station for the purposes of drainage; the location of sanitary and storm sewer lines; the location of gas, water, television, electrical and telephone lines and conduits, landscaping, signs, allld the maintenance thereof. . (n) Mining. No quarrying or mining operations or mineral extractions of any kind shall be permitted l~pon or in any Lot, nor S11(;\11 any, type of wells, tanks, tunnels, rruneral excavations, or"sh~fts be ,permitted upon 'or in any lot. No derrick or other structure designed for drillin~ shall be erected, maintained, or permitted upon any lot. (0) Garba,geCans. No garbage cans or refuse containers shall be placed or permitted to remain at the front of a dwelling either within the street or upon the Lot or Common Area, exc~pt upon those days scheduled for garbage and refuse collection by the City of College Sta~ion ora privately contracted collector. Except on days for collections as set out above, said ,cans or containers will ,be kept in a place that is not subject'to public view. (P) Vehicles and Trailers. No truck, boat, bus, house or travel trailer may be kept upon a lot unless, it.is,,',concealed 'from 'public view nor shall they be kept upon the Common Property, or any dedicated Street,within the Properties. (q) DrivewayAccess. All lots shall have entrance driveways from the rear IJrivate access ways except lots One (1) through Fifteen (IS), in Block "E" which shall have permitted front driveway access. (r) Slope Control ,Areas. Slope 'control areas are reserved and shown as utility and ,drainage ,easements. .Within"these slope. control' areas no structure, planting or other material shall be placed or permitted to remain,or other activities undertaken which may damage or interfere with established slope ratios, create erosion or sliding problems, or which may change the direction of flow' of drainage channels or obstruct or retard the flow of water through drainage channels. The slope control areas 'of lots and all improvements in them shall be, maintained "continuously by ,.,the owner of ,the lot, except for those improvements for which a public authority or utility company is responsible. (s) . . Sight Distance at Intersections. No structure, hedge, or shrub planting which obstructs sight ,lines, atelevation,between two' (2') and six (6') feet above the.. roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property and a line connecting them at points twenty-five (25') feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. . The same sight line limitations shall apply on any lot within ten (10') feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be ,permitted to.' remain, withill such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction 'of such sight lines. (t) Firearms. The.'use,.'or.discharge of pistols, :~ifles, shotguns, air guns, or other firearms or fireworks is expressly prohibited on any part of the subdivision and hUllting is prohibited. ARTICLE VII Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respectivc~ legal representatives, heirs, successors, and assigns, for a term of ten (10) years from Iu.ne 28, 1993", after which time, said covenants shall be automatically' extended for successive p1eriods of ten (10) years unless an instrument signed by the then-owners of two-thirds (2/3) of the Lots or Living Units has been recorded, agreeing to change said covenants and restrictions in whole or in part. For purpose of meeting the two-thirds (2/3) requirement, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted. Provided, however, that. no. such agreement to. change shall be effective unless made and recorded ninety (90) days in advance of the effective date of such chang;e,and unless written .notice of the proposed agreement is sent toeve.ryOwner at least thirty (30) days in advance of any action taken. Section 2.~ot!.ces. Any notice required to be sent to any Member or Owner under theprovisionsjQfthis])eclaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as a Member or Owner on the recptdSofthe Assqciation at the time of such mailing. Section 3. Enforcement. Enforcement of these :covenants and restrictions shall be by any pro<=eedi~~at law orin equity against any person or persons violating or attempting to viqlatti.~ny.coyenantor restriction, either to restrain violation or to recover damages,and~gainsr!~h~ilaJldt~ enforce anyHen created l>Y these covenants; and failure by the Associationori~n~i~~r to enforce any covenant '017. restriction herein contained shall in no event . be~,~e~~~ a,;aiver of the right to do so, thereafter. Section ~.~ev~~a~ility. Invalidation of anyone ofthese covenants or restrictions by judgments or courtorde:nshall in no way affect any other provisions which shall remain in full force and effect. ARTICLE X Any provision contained herein maybe changed by a vote .of seventy-five (75%) percent of the Members of the Association. ~. ; J "DECLARAN'T" REAL ALCHEMY, L.P., a Texas limited partnership By: ENERGY ALCHEMY, INC., a Texas corporation By: Steve Hartnett,. President The undersigned, having contractually. agreed that certain of the Properties, acquired by them from the Declarant, would. be restricted by a Supplemental Declaration of Covenants and Restrictions,heI"ebyacknowledge andconIil111 their aweement that their respective portions of the Properties are boundbytheaforestated Supplemental Declaration and shall hereafter be covenants running with the Properties. Glenn Thomas Charles Thomas THE STATE OF TEXAS ~ ~ COUNTY.OFBRAZOS ~ This instrument was acknowledged before me on this the _day of , 1993, by Steve Hartnett, President of Energy Alchemy, Inc., a Texas corporation, General Partner of Real Alchemy, L.P.,aTexas limited partnership, on behalf of said partnership. Notary Public" State of Texas Printed Name: My commission expires: .( ( Q 'J THE STATE OF TEXAS ~ ~ COUNTY OF BRAZOS ~ This instrument was acknowledged before me on this the _ day ofAugust~1 1993, by Charles Thomas. Notary Public, State' of Texas Printed Name: My commission expires: THE STATE OF TEXAS ~ ~ COUNTY OF BRAZOS ~ This instrument was, acknowledged before me on this the _ day of August~, 1993, by Glenn Thomas. Notary Public, State of Texas Printed Name: My commission' expires: