Loading...
HomeMy WebLinkAboutOrdinance t----------...-. b vS ! �5 t r Jr�'i,i%tw'h NF1 v li t ` �!4' ,, . .. y --,Hi,)-'!,NJ St ',�'fel, 11::P7-� ;o�, ,,'I ^.ie ' -- ','.i:l•�XJ r4 rl a,,,, � t,:ii';0!',:ta• ., ,r) , RESTRICTIONS f SQUTHWOOD VALLEY, SECTION 23 ,1L E AI t • soUTHWOOD VSE', INC. , 1� a��2 ., TO 230728 0 Ewa;.x; E THE PUBLIC1^ 15,,,, �, ...ICA,,. HATE SECIIHOEDo THE STATE OF TEXAS Xy' FCNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS X That, BOUTHWOOD VALLEY, INC. , a TexasStatiCOTe`ratbiin, hereinafter called Developer", of College owners of all that certain 6.22 acre tract of land in College Station, Brazos County, Texas, said 6,22Tac 23, reseeplatted ed and subdivided into SOUTHWOOD VALLEY, Texts, said ilii being the City of College Station, Brazos County, i recorded in the office of the County Clerk of Brazos County, Texas i under File Number 229484 and desiring to create and carry out a r uniform plan for the improvements, development and Sale of lots in I said subdivision and tO provide for the preservation of the values and amenities o f the properties in t h e subdivision-hereby-convenants and each owner of any lot, by acceptance of a deed therefore, (Whether or not it shall be so ':I expressed in any decd or other conveyance) shall be deemed to 4 covenant and agrees thereby to bind himselfhid his heir , a sf+gns, and all successors in ownership to adopt following reservations, reetrictions, covenants and casements to . apply uniformly to the use, occopancyand ION 23.conveyance of the , residential lots in sOUTHW00D VALLEY, RESTRICTIONS: 1. LAND VSE AND WUILDING TYPE: ! All lots sha11 be used oil for residential ur ages, No buil ng shalla exacta , aZtersd, place or permktte to remain .1 on any lot other than one detached single family dwelling not to exceed.two and one-half stories in height and garages or carports . or other structure which supplement the dwellings, and use selof which are compatable to the dwellings, such as fences, pools, terraces, and similar landscaping feature4- i , 2, ARCSITEcTURAL coNTROL1 , A. The Architectural Control Committee is hereby established and �.shall be composed of three members whose n6Mes and addresses are t i 1. ao follows; W. P. Fitch, College station, Teras Pierre G. Normand Jr, , College StatiOn, TeX .S .(' Rj,chard T. Gilby, Bryan, A majority O£ the committee may designate a representative to act for it In the remaining of death or members shallnhavenof any the fullmember of authoritytto r.' designate, thesuc remaining designate a successor. None of the members of the Committee nor � their designated representative shall by entitled - At to any compensatOfl for services performed pursuant to this any time after five years, the then record owners throe of three-ecorded fourths (3/4) of the late shall have the AoWer, 9 instrument, to change the Memberehip of the Committee or to „-. withdraw from the Committee or to restore to it any of its powersor �(`. such amendment orrevision shall not be retr0actiVe uties or to mend or reviee s31 howeverr, any • . • • t s. 55 —1— Vd� d�AgE I16 '`t, L 'd LLE ON AveduUO3 a [ 1 1t A 1 Si ;/‘ I Un Wd68 :8 Wil 17Z ' IVIN i • ,, •'"• ;et...4, .v; SOUTHWOOD VALLEY, SECTIDN 23 RESTRICT/ONS A ,� PAGE 2 .f ,.� R. No buiidin• shall bC erected, -laced Or altered on en lot ! , Until the conotruction p ane and gpecitiCat ons en a lsn show » he locat On o the atructute onon the jot have been approved by tb Arch tectural Control Committee as to proposed quality i' building, harmony Of external design, and as to the location With respect tQ topography and finish grade ClevatiOns• No fence or wall Shall be erected, placed or altered on any lot nearer to any .j front lot line than the front 4f the dwelling unless similarly ^ approved. C. Before any lot owner in the subdivision shall aommet C the .. erection or placing of any building. Wali fence or other structure as referred to above, he shall apply in writing to the r Architectural Control Committee for approval of auth proposed structure. The Committee's approval or disapproval a® required herein shall be in writing. If the Committee or its designated i representative fails to give Written approval or disapproval within thirty (30) days after plane end•apecifieations have been submitted to it, or in any event, plane having bean submitted for ?+ approval, if no suit to enjoin the conetrUction has been commenced ;. within thirty (30) days after the completion of the improvements, • .' approval will not be required and the related coVenante shall be deemed to have been fully satisfied. ttee is authorized to initiate D. The Architectural Control Cvi�fit- I` any action necessary to enforce these restrictions. I-- • "R 3. LOT SIZES= . ! No building shall be erected or placed on any lot having a t width less than 35 feet at minimum building setback line or having r; an area less than 3,500 Square feet. �' 4, DWELLING SIZE: E' The heated floor area of the main residential structure, exclusive of open porches, stoops and garage shall not be less than that shown below. � Schedule of all residential lots in sOUTHW00D VALLEY, 1` SECTXON 23 and minimum dwelling sizes for such designated ) lots: /:" Lots 1A, 1S, 2A, 2D, 3A, 38, 4Ar 4B, 5A, 5B, 6A, 6$, 7A.1! 79, BA, 8B, 9A, 4B, 10A, 10$, IIA, 11B, 12A, 12$, 14A, . 14B, 15A, 15B, 16A, 16B, 17A, 17B, 18A, 18$, 19A, 19B, 20A, 20B, 21A, 218, 22A, 22B, 23A, 23B, 24A and 24B, in $lock 54; • v,! ars designated duplex dwelling lots and the minimum heated floor area shall be 700 square feet. I',,_ 5. $UILDING LOCATION: !- �;{ No building shall be located on any lot nearer t4 the front '_c line or nearer t4 the side street then the minimum building setback line shown on the recorded plat. In any event, no building ',. ,shall be located on a lot nearer than twenty-five ( )tofeet the side the front lot .line, or nearer than fifteen (15) feet T. street line. Eaves, steps and uncovered porches are not a part of the building. Al 4. :'!i i; 5 2 5 I; -2- vOL,__PACE 717 'd LLD 'ON AuedUoO 3J A} i s a aA i uN Wd68 :8 800 'tiZ TAI -- ..r• - ....w—_._ — _ - ' ' I SOUTHWOOD VALLEX, SECTION 23 RESTRICTIONS • PAGE 3 . 6. MATERIALS REQUIRED: The main residential etrecturee shall not have less than 30% Of the exterior wall area of brick or other masonry material. The Architectural Control Committee may modify this requirement when the design and appearance as proposed, are deemed to be of such nature as to be equally attractive and permanent. 7. EASMENTS: Easements for the installation and maintenance of utilities are reserved as shown and provided for on the recorded plat. Said easements are also reserved as drainage easements, as needed to permit the egress of water from adjacent lots in the direction of the original natural Slope of the land, without such drainage water crossing adja'eent lots except through such easmenta. A. SLOPE CONTROL AREAS: Easements shown on the recorded plat are also elope Control areas. 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 whioh 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. R. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub-planting Which obstructs sight lines at elevations between 1. three and seVen feet above the roadways ahall be placed or permitted to remain on any corner lot Within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in tha 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 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 within such distances of such intersections unless the foliage line is maintained at Sufficient height to prevent obstruction of such sight lines. I1 6. MAINTENANCE OF Ab/ACENT RROPERTY ON CORNER LOTS: tr; A. Lots numbered IA and 24B, Block 54; are corner lots, the !4 property lines of which adjoin the Right of Way of Welsh Avenue. r ,The property in the Right Of Way adjoining them are to be (1; preserved and maintained by the owners of these lots. A r R. The grounds of all lots in the Subdivision whether vacant or occupied shall be maintained by the lot owners in such manners as to be an aesthetic asset to the dwelling and consistent with the neighborhood appearance. w, • . 5 -3- VOL le.IAi: I S • d LLB 'ON Ausdwo0 a 1 A; I sa aA i uN Wd68 : 8 80101 soOTHWOOD VALLEY, s},CTION 23 RESTRICTIPNs • PAGE 4 L, 9. NUISANCES: No noxious or offensive activity shall be perfllitted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. The Architectural t.: Control Committee designated in 2aragrap1l Two shall have the authority to decide what conStitutes a nuisance to tha f neighborhood. 7 ]O.TEMPORARY STRUCTURES: No structure of a temporary character; basement, tent, shack,. , garage, barn or other Oatbuilding shall bo used on any lot at any t time as a residence either temporarily or permanently. No tretk, ;is boat, house Or travel trailer nor any inoperable veohicle may be •y kept upon a lot unless it is conCcaled from public view. . 11.OLD BUILDINGS: t' No structure shall be moved onto any residential lot. 12,SIGNS= No signs of any kind shall be displayed to the public view in • any lot except one sign of not more than five Square feet P advertising the property for sale or rent, or signs used by a IIbuilder to advertise the property during the construction and 1 sales period. •T 13, OIL AND MINING OPERATIONS: i,;1., No oil drilling, oil development operations, oil refining' elquarrying or mineral mining operations of any kind shall be r., permitted upon or in any lot, nor shall any walla, tanks, tunneler mineral excavations Or Shafts be permitto4 upon or in any 10t. No .1 derrick or other Structure designed for use in boxing for oil Or ) natural gas wells shall be erected, maintained or permitted upon any lot. '� 74• LIVESTOCKAND POULTRY:i� bredNoranimals, o kepton livestock lotus except that doge,of any kind hall catShor other17i household pats may be kept providing that they are not kept, bred or maintained for any commcrCial purpoBSS and further provided r" that the keeping of such household pets does not constitute a nuisance to the neighborhood. And further that such household S pets are confined to owners premises; the permitting of such it household pets to freedom of aces- to other properties shall ,4 constitute a nuisance. ;. 15. GARBAGE AND REFUSE DISPOSAL: y� No lot shall be used or maintained as a dumping ground for . rubbish, trash, garbage or other waste and such waste shall be kept only in sanitary containers. No garbage cans or refuse ', containers shall be placed or permitted to remain at the front Of • ,kw a dwelling either within the street or upon the lot or common area, except upon those days Scheduled for garbage and refuse collection by the City of College Station or a privatelY { contracted collector. Sub-surface garage container shall be permitted if approved by the Architectural Control Committee. Except on days for collections as set Out above, said cans or 3, containers will be kept in a place that is not subject to public view h: _ e�1`� 71OJ Sh! . ti 'd LLE ON Auedwo3 awi Al i sa aA i of 161d6E B 20E176 'dI-IW souTHWOOb VALLEY, SECTION 23 RESTRICTIONS ' • PAGE 5 16. STORAGE OF MATERIALS: • No DUilding material Of any kind or character shall be placed or stored upon any residential lot until the owner iS ready to commence improvements, and then such Material shall be placed within the property line. NO stumps, trees, underbrush or any - refuse of any kind, or scrap metal from the improvements being erected on any lot Shall be placed on any adjoining lots, streets or easements. All snob material, if not disposed of immediately, must remain on the property upon which conatrUetion work is in progress, and at the aompletibn of such improvements, such material must be immediately removed from the property. 17. TERM: . These covenants are to run with the land and shall 1 binding of all parties and all persona claiming under them for a period of forty (40) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless ad instrument signed by three—fourths (3/4) of the owners of the lot has been recorded, agreeing to change said covenants in whole or in parts. It is understood that each owner of one or more lots shall be Entitled to one vote for each and every lot owned. 18. ENFORCEMENT: . Enforcement shall be by proceedings at law or in equity, by • any ownera of a lot in the subdivision, against any persons or person violating or attempting to violate any covenant, either to rostrain violation or to recover damages. r•' 19. SEVERABILITX: • Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and affect. WITNESS OUR HANDS this the 30 thday o£ ,June - '.,; 1902 . 't ATTES4011% SOUT5,7400 V• EY, INC. { l 1' Ve e n-Fe -,; S.cretary w. D. Fitch, President :, 7' 0. AACKNOWLEDGEMENT THE..$T,;T,E,OF TEXAS X ,f COUNTY OF BRASOS X DEFORE ME, the undersigned authority, in and for said County, and state, on this day personally appeared w. D. FITCH known to ma to be the person and officer whose name is subaoribsd to the foregoing instrument and acknowledged to me that the same was the act of the said SOUTHWOOD VALLEY, INC. a corporation, and that he cxeeuted the same as the act of such corporation for the purposes i)c10�si'deration therein exp reseed and in the capacity therein `9tatetd.^ `' _ A GI'/ UNDER MY HAND AND SEAL,OF OFFICE, this 30 th day ', ii 4' NE 7!' 4. June A.D. 1932 re 0 p � , Notary Public, Brazos Coun , ,Texas � .lO-iw pAswV23. swV <r e51 2 Jr 'Z -s- VOLPACE .2 O • .;3 5 'd LLD 'ON Au7Pd(uo3 a w l A i sa aA i uN Wd68 :8 8002 'tiZ 'RN