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CARTER LAKE ¢ RESTRICTIONS
.DEVELOPMENT
CORPORATION, A TEXAS CARTER LAKE SUBDIVISION, Thomas
CORPORATION Carothers Leagne, Brazos County,
Texas. Plat recorded 7th day
of January , 1966, in Volume
TO 252 at page 111 of the Dee(
.� .; Records of Brazos County, Texas.
' These Restrictions dated the 12th
THE PUBLIC day of January 1966,
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RESTRICTIONS, CARTER LAKE SUBDIVISION
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
'
COUNTY OF BRAZOS
That CARTER LAKE DEVELOPMENT CORPORATION, a Texas corporatic
being the owner of CARTER LAKE SUBDIVISION located in Brazos County,
Texas, according to'the recorded map and plat of said subdivision re-
corded in Volume 252 , at page 111, of the Deed Records of Brazos
County, Texas, to which map and plat and its record reference is here
made for all purposes, said subdivision being described by metes and
bounds as follows: -
BEING a 71.315 acre tract of land located in the Thomas
Caruthers League in Brazos County, Texas, described as
follows:
- BEGINNING in the southeast line of a tract of land con -
to John W. Harris by deed duly recorded in Volume 248,
at page 160, of thejDeed Record sb of Brazos County, Texas,
said beginning point being N 39 38' E, at a distance of
2011.65 feet from the intersection of said line and the
northeast line of Sulphur Springs Road.
THENCE N 39' 38' E a distance of 3035.03 feet with the
said Harris southeast line.
THENCE N 150 52' W a distance of 516.40 feet to an iron
rod.
THENCE S 740 08' W a distance of 250.00 feet to an iron
f rod. -
THENCE N 150 52' W a distance of 14.47 feet to an iron
rod.
THENCE S 820,18' W a distance of 577.96 feet along an
earth dam.
:THENCE.S 770'04' 11" W a distance of 331.37 feet along
said .dam to an iron rod.
THENCE N 860 11' W a distance of 130.00 feet to an iron
;'.rod in the northwest line of,a private road.
S 330 49' W a distance of 438.04 feet to an iron I
rod at the point of.curvature of a curve left of a
radius of 402.08 feet.
With said curve whose chord bears S 190 09' W a
distance of.203.61 feet to an' iron rod at the point of
tangency.
S 4° 29' W a distance of 179.20 feet to an iron
rod at the point of curvature of a curve left of a
radius of 515.95 feet.
With said curve whose chord bears S 60 56' E a
distance of 203.96 feet to an iron rod at the point of
tangency.
S 180 20' E a distance of 38.60 feet to an iron
rod at the point of curvature of a.curve right of a
radius of 60.07 feet.
With said curve whose chord bears S 320 59' W a
distance of 93.78 feet to an iron rod at the point of
tangency.
S 840 18' W a distance of 150.90 feet to an iron
rod at the point of curvature of a curve left of a
radius of-750.81 feet.
With said curve whose chord bears S 760 30.5' W
a distance of 203.58 feet to an iron rod at the point
of tangency.
S 680 43' W a distance of 39.60 feet to an iron
rod at the point of curvature of a curve right of a
radius of 361.40 feet.
With said curve whose chord bears S 830 24.5' W
a distance of 183.31.feel to an iron rod at the point
of tangency.
N 811 54' W a distance of 193.14 feet to an iron rod
at the point of curvature of a curve left of a radius of
228.74 feet.
With said curve whose chord bears S54° 19.5' W a
distance of 316.50,feet to an iron rod at the point of
tangency.
S 100 33' W a distance of 28.88 feet to an iron rod
at the point of curvature of a curve left of a radius of
278.15 feet.
With said curve whose chord bears S 100 37.5 E a
distance of 200.95 feet to an iron rod at the point of
. tangency. _
S 310 48' E a distance of 250.70 feet to an iron rod,
at the point of curvature of a curve left of a radius of
751.86 feet.
With said curve whose chord bears S 350 42.5' E a
distance of 102.49 feet to an iron rod at the point of
tangency.
S 39° 37' E.a distance of 239.60 feet to an iron rod
at the point of curvature of a curve left of a radius of
326.45 feet.
With said curve whose chord bears S 480 53' E a dis-.
tance of 1051,28 feet to an iron rod at the point of tangency.
.S 580 09' E a distance of 117.9 feet to an iron rod
at the point of curvature of a.curve right of a radius of
307.94 feet.
Ll
,:With said curve whose chord bears S 41 -11.5' E
a distance of 179.64 feet to an iron rod at the point
of tangency:
S 240 14' E a distance of 389.75 feet to the point
of beginning and containing 77.315 acres of land more
or less;
does. hereby adopt and establish the.following restrictions, reserve- .
tions, covenants and easements to apply uniformly to the occupancy,
use and conveyance of all lots in said CARTER LAKE SUBDIVISION, and
the occupancy, and use of Carter Lake and certain reserved areas shown,
on said plat.
1. LAND USE, AND BUILDING TYPE:
No lot shall in any manner, temporarily or permanently, be
used except for residential purposes. All buildings erected on any
lot, or on Carter Lake, including but not limited to, residences,
garages, piers, docks, boathouses, and storehouses, shall be new con-
struction and no building of any kind or character, including but not
limited to, a residence, trailer, tent, barn, shack, garage or other
outbuilding, shall be moved onto any lot or Carter Lake, and no resi-
dence shall be erected, altered, or permitted to remain on any lot as
the same are numbered on the recorded plat other than a one detached
single family dwelling, not to exceed two stories in height.
2. ARCHITECTURAL CONTROL:
No building of any kind to be used for any purpose, includ-
ing but not limited to, residences, garages, and storehouses, and no
pier, dock, boathouse, marina, or other structure, shall be erected,
or altered onIany lot or on Carter Lake until the construction plans
and specifications and a plat showing the location of the structure
on the lot, or on Carter Lake, or both, as the case may be, have been
approved by the Architectural Control Committee as to the quality of
workmanship and materials, harmony of external design with existing
structures,,and as to the location with respect to topography, water
level, water depth, lot boundaries and finish grade elevation.
Provided, however, all residential construction shall con-
form to the provision hereinafter made and provided relative to the
required percent of visible brick, stone, rock or glass.
The Architectural Control Committee is composed of three
members whose names and addresses are:
M. G. Perkins 601 Woodson Drive, Bryan, Texas
John W. Harris 502 Olive Street, Bryan, Texas
A. W. Davis 503 Brookside Drive, Bryan, Texas
Any two members of the committee will constitute a quorum,
and the vote of any two members will control the action of ,the com-
mittee.
A majority of the.committee may designate a representative
to act for it. In the event of death or resignation of any member of
the committee, the remaining members shall have full authority to
designate a successor. The committee's approval or disapproval as
required herein shall be in writing. If the committee, or its designates
-3-
representative, disapproves submitted construction plans and speci-
fications, failure to file or commence suit to enjoin construction
until after the completion of the improvements shall not be deemed
a waiver of this provision of these restrictions. If the committee,
or its designated representative, fails to give written approval or
disapproval within thirty (30) days after plans and specifications
have been submitted to it,.approval-will not be required and the
related covenants shall be deemed to have been fully satisfied.
It is further agreed that the persons or other legal entities
then owning a majority of the lots in said subdivision will select a
committee of three to act as the Architectural Control Committee fifteen
(15) years after date hereof in lieu of the present committee.
The death, resignation, or appointment of a new member of
the committee and appointment of a representative to act for the com-
mittee shall be evidenced in writing and such instrument filed for
record in the Deed Records of Brazos County, Texas. The fact that no
committee exists or that if such committee exists, it fails or refuses
.to function shall be established by a proper proceeding brought in the
District Court of Brazos County, Texas.
3. ADDITIONAL CONTROL:
No fence, wall or barrier shall be erected, placed or altered
on any lot, or on Carter Lake;or on any lot and Carter Lake until the
construction plans and specifications and a plat showing the location
of the structure have been approved bytheArchitectural Control Com-
mittee as to the quality of workmanship and materials, harmony of ex-
ternal design with existing structures, and Carter Lake, and as to
location with respect to topography; water level, other structures, lot
boundaries and finish grade elevation.
4. MATERIALS REQUIREMENT; MAIN RESIDENTIAL STRUCTURES:
The main residential structure on any of the lots shall be
constructed of at least one-third (1/3) brick, or stone, or rock, or
glass, or a combination thereof, and all such material so required
shall be external and visable from the outside of each such main
residential structure.
5. SUB -DIVISION OF LOTS:
No sub -division of any lot as the same are numbered on the
I
ecorded plat shall,be permitted until such purposed sub -division has
been approved by the Architectural Control Committee whose decision
in such connection is hereby made conclusive and enforceable.against
all persons, firms, corporations and other legal entities. It is
agreed between CARTER LAKE DEVELOPMENT CORPORATION and purchasers of
lots in this subdivision that.the intention - of this provisionis to
insure that at no time will there be more than 78 residential stru.c
tures located in the subdivision.
6. EASEMENTS:
Easements for installation and maintenance of utilities and
drainage are reserved as shown and provided for on the recorded plat.
7. RESERVED AREAS:
Carter Lake and all tracts, streets, roads and
unnumbered lots marked "reserved" as the same are shown on the
recorded plat are, and shall remain, the property of CARTER
-4.
2141
LAKE. DEVELOPMENT'CORPORATION until such time asthe "s a might be
disposed of by instrument, which instrument shall be recorded in
the office of the County ClerkofBrazos County, Texas.
8. NUISANCES:
No noxious or offensive activity shall be permitted upon.
any lot.or Carter Lake, nor shall anything be done thereon which may
be or become an annoyance or nuisance to the neighborhood.
9. SIGNS:.
No sign of any kind shall be displayed to .the public view
Ion any lot or Carter Lake, except one sign of not more than five (5)
isquare feet advertising the property for sale, or signs used by a
builder to advertise the property during the construction and sales
period.
10. CHARACTER OF RESIDENCE:
No building_of any kind or character shall be used.tempo-
rarily or permanently as a residence other than a detached single
family dwelling, not to. exceed two stories in height, the construc-
tion of which has been approved as a residence by the Architectural
Control Committee as is herein made and provided.
11. LIVESTOCK:
No animals, livestock or poultry of any kind shall be raised
bred or kept on any lot; except that dogs, cats, or other household
pets may be kept, provided that they are not kept, bred or maintained
for any commercial purposes.
12. GARBAGE AND REFUSE DISPOSAL:
No lot shall be used or maintained as a domping.ground for
rubbish and trash, no garbage or other waste shall be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and
sanitary condition.
13. FIREARMS:.
k
The firing of firearms shall not be permitted on any lot,
Carter Lake, or reserved area in said subdivision.
14. DISPOSITION OF HUMAN EXCRETIA AND OTHER SEWAGE:
Subject to the provisions of paragraph 17 hereof, disposi-
tion of human excretia and other sewage shall be by ceptic tank meet-
ing the location, construction, and sanitary specifications of the
State Health Department and the Architectural Control Committee herein
x provided for.
15. CARTER LAKE AND OTHER DESIGNATED PLACES:
It is further specifically understood and agreed that the
owner of each lot shown on the recorded plat herein referred to shall
be a stockholder or member of a Texas corporation, the specific purpo:
k
1 i
of which is the operation, control, maintenance, preservation, use
and management of Carter Lake and of the designated private roads,
streets, alleys and other places, as;the same are shown and marked
reserved on the recorded plat. It is further agreed that the use,
operation, control, maintenance, management, and preservation, except
as hereinafter stated, of Carter Lake and such.designated private
roads, streets, alleys and other places, as the same are shown on the
recorded plat, shall be fully, completely, and exclusively controlled
by the said corporation, and that regardless of the number of owners
of particular lot in the subdivision, each numbered lot, as the
same are shown on the recorded plat, shall be represented by, and
entitled to, only one (1) vote in: the management of the corporate
affairs of the said corporation. It is further specifically under-
stood and agreed that annual assessments shall be made against each
lot in .the subdivision, which assessments shall run in the name of
said corporation and shall be considered for all purposes as a lien
against the lots and that said corporation shall have all legal and
equitable remedies to enforce such lien, that such assessments shall
be cumulative, and shall be used by said corporation for the preserva-
tion, maintenance, control, management, and operation of Carter Lake
and the private.roads, streets, alleys and other places, marked re-
served and shown on the recorded plat.
Such assessmentsshallbe in the amount of $25.00 for the
year 1966, and such amount can bechangedfrom year to year by ap-
propriate action of said corporation. _
It is specifically understood and agreed that the subdivision
of any lot, as the same is shown on the recorded.plat, shall not operate
to bestow upon the grantee of such subdivision any membership or owner-
ship in said corporation, and further provided that membership or
ownership in said corporation, together with all use and fishing rights
of Carter Lake are, and shall remain, inseparable from the ownership
of a lot as the same are shown on the recorded plat and such ownership,
or membership in said corporation and the right to use and fishing
privileges of Carter Lake may not be conveyed by the owner or owners
of any lot in the subdivision unless such lot is in a like manner
conveyed.
It is further understood and agreed that CARTER LAKE DEVELOP-
MENT -CORPORATION acquired approximately-210 acres of land from John W.
Harris upon which thissubdivision and Carter Lake are situated. That
there remains, exclusive of Carter Lake and this subdivision, a certain.
amount of acreage in said 210 acre tract. That purchasers from CARTER
LAKE DEVELOPMENT CORPORATION of such remaining land shall become stock-
holders or members of the corporation herein referred to and'entitled
to use and fishing rights of Carter Lake, and the designated private
roads, streets, alleys and other places marked reserved on the recorded
plat, and bound by the terms and provisions of this paragraph 15 of
these restrictions.
Anything in these restrictions or this paragraph to the
.contrary notwithstanding, no floating object designed to be left un-
attended shall be temporarily or permanently anchored or tied in Carter
Lake except.at a private pier, dock, or boathouse
Anything in these restrictions to the contrary notwithstand-
ing, there shall not be permitted the use of any boat, or floating
- .
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a9 /<'•/ 7
object -on Carter Lake propelled by a device larger than one single
ten (10) horsepower motor. Provided however, the corporation herein
referred to may provide for the use of multiple and larger motors
and devices on two (2) specified days of any calendar week between
the dates of May 15th and September 15th of any year.
1.6. WATER FEES, COSTS AND ASSESSMENTS:
It is further understood and agreed that as of the date of
these restrictions there is an.existing contract by and between the
WELLBORN WATER SUPPLY CORPORATION and the CARTER LAKE DEVELOPMENT
CORPORATION providing for the installation of a water system to be
installed for the purpose of furnishing and delivering water to the
lots in said subdivision. That said contract provides for the in-
stallation of a certain number of water meters for the purpose of
serving various lots in the subdivision. That if any conveyance
provides for the assignment or transfer of any such meter or meter
right, from the CARTER LAKE DEVELOPMENT CORPORATION to.any grantee,
then the owner or owners of such lot shall thereafter be considered
as the owner of the meter or meter right and shall be subject to all
fees, costs, and assessments of the WELLBORN WATER SUPPLY CORPORATION
and subject to all of the By -Laws, rules and regulations thereof, and
that CARTER LAKE DEVELOPMENT CORPORATION shall no longer thereafter
be responsiblefor,the maintenance of such meter or meter right, or
water distribution system, or the payment of such costs, fees or as-
sessments, made by the WELLBORN WATER SUPPLY CORPORATION.
17. SEWAGE FEES, COSTS AND -ASSESSMENTS:
It is further understood and agreed that the CARTER LAKE
DEVELOPMENT CORPORATION is attempting to install a common sewage
system to serve the lots in the subdivision and that if such system
is installed, then the owners of the lots agree to utilize said
system and to pay the established connection fees and other costs
and assessments established for the use and maintenance thereof.
18. TERM FOR WHICH THESE COVENANTS APPLY:
These covenants are to run with the land and shall be bind-
ing on all parties, corporations, and other legal entities, and all
persons, corporations and other legal entities claiming under them
or it for a period of twenty-five"(25) years from the date these cove-
nants are recorded, after which time said covenants, and each of them;
shall be automatically extended for successive periods of ten (10)
years, unless an instrument signed by the persons, corporations, or
other legal.entities then owning a majority of the lots has been re-
corded agreeing to change said covenants in whole or in part.
19. ENFORCEMENT:
Enforcement of these covenants shall be by proceedings at
law or in equity against any person, persons, corporations, or other
legal entities violating or attempting to violate any covenant herein
contained, either to restrain violation or to recover damages.
20. SEVERABILITY:
Invalidation of any one of these covenants by judgment or
order of the Court shall in no manner affect any of the other provi-
sions which shall remain in full force and effect.
dC
IN WITNESS WHEREOF, CARTER LAKE DEVELOPMENT CORPORATION
aforesaid, has caused these presents to be signed by John W. Harris,
its President, and its corporate seal to be hereunto affixed this
the 12th day of January 1966.
CARTER LAKE DEVELOPMENT CORPORATION
OHN W. HARRIS, PRESIDENT
ATTEST:
{was d (t m. .. wit hf
0r
t � .
THE STATE OF TEXAS -
COUNTY OF. BRAZOS -
BEFORE ME, the undersigned, a Notary Public of Brazos County,
Texas, on this day personally appeared JOHN W. HARRIS, President of
CARTER LAKE DEVELOPMENT CORPORATION,. known to me to be the person and
officer whose name is subscribed to the foregoing instrument and ac-
knowledged to me that the same was the act of the said CARTER LAKE -
DEVELOPMENT CORPORATION, a corporation, and that he executed the same
as the act and deed of said corporation for the purposes and considera-
tion therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 12T th day
of January 1966.
J 1
NOTARY PUBLIC I AND FOR
; 'fir BRAZOS COUNTY, S
c. Reba Guy
ILI
,FILED FOR RECORD 2:10 OICLOCK F• M 20 DAY OF Januar
19 66. RECORDED�� O'CLOCK L M 24 DAY OF January
r 19=. TO WHICH I CERTIFY. - A. B. SYPT C. C. C. B. C.
EPUTY