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HomeMy WebLinkAboutLegal Documents . - . RAINTREE DEVELOPMENT JOINT VENTURE TO THE'PUBLIC RESTRICTIONS: Rainlree Section One. .College Station Brazos. County. Texas , ,F II ED At II; ~ <o'clockLM JUN 13,1977. 1 ?~8?.5 I" l..':' I", THE STATE.OF TEXAS COUNTY OF BRAZOS That we. RainTreeDevelopments Joint Venture belngowners of that certain 18.9 acre tract ofland.'beinga part' of 112.11 acres in the Morgan Rector league., Brazos County, Texas which was purchased from Property Investments Venture 11. by deed dated. February..4,. 1977. and recorded in 'Volume .367 . Page.!L of the Deed Records of BrazosCounty.Texas.sa1d 18.9 acres he r>eto,fo re platted and subdivided into RainTree, Section. One, a subdlv1s10nof' the..City. of .College.. Station. Brazos County. Texas. said plat be1ng recorded in the office of the County Clerk of Brazos Coun~y t ,Te~as. .under .Volume373 . . Page -1lL- . anddesir1 ngto create and carry out a unifonn plan for the. improvements. development and sale of lots in said subdivision do hereby adopt and establlshthe following reservations, restrictions. covenants and easements to apply. uniformly to the use. occupancy.. and conveyance of the lots in RainTree, Section.One. RESTRICTIONS 1.. LAND USE AND BUILDING TYPE: No plot shall be used for any purpose except for residential purfJoses. No build1ngshall be erectea. alte.red.placedor per1l11ttedto'remain on any lot other thanonedetachedsinglefam11y dwelling not to exceed, two and one-half stor1es in he1 ght and a.. priva te ... garage or carportoro~her . structul'ewhichsupplements the residence, and use, of which is compatableto theres1dence. such as fences. wal1si pool$, terraces, and $1milar landscaping features. . 2.. ARCHITECTURAL CONTROL: -.! No building shall be erected. placed or altered on any lot. until the construction plans and specifications and a plan showing the location of the structure , on the lot, have been approved by the Architectural Control Committee as to proposed qua11tyof ,building. hannony of external design with existing structures and as to the location w1threspectto topography and finish gradeelevat10ns. No fence or wall shall be erected, placed or altered on any lot nearer toanystree't than the .t .minimum building setback line unless similarly approved. The Architectural Control Committee is composed of three members whose names andaddre~ses are as follows: Edwin W. Schultz, College Station. Texas . M.L. Cashion. College Stationi Texas R.W. Butler, Bryan,.T~xas A maJority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of theConmlttee, the remaining members shall have ful1author1tytodesignate a successor. Neitherof.themembers of the COl11T1ittee nor its designated representative shall be entitled to any compensation ".Jt.',], "").I"'t"~r-~'r:~ -8.. ......02 VCl.>~J,-.)t. ~ ~, ..-"- ~ . -. .J.' . · . E I"'" t. I" ~ - ,.1"\ f'\",,!, 5 ~Qa R ~. . '. :.~:, ~ .; . "'..L.w..."........ 7'.. ~Jl/~~( - - . cj~. . I t': j , ",.. J il>f .... ,,,,,,.- .: , ~ : . '.,;...... I . .~., ,.,,-. , . -,"'" :.... ., 'for services per-fanned pursuant'to this' covenant.. At any t1me.thethen record ownerso~ two thirds (2/3) of. the lots shall have thepowerthrough.a.duly recorded 1nst,rument to .change the. membership. of the . Conm1ttee .orto w1thdrawfrom the COl1lnittee . or 'to restore to it any of its powers ordutie~. Before any lot owner 1 nthe sub-'.' division shall commence the erection or plac1r-tg'of any building. wall. fence. o.r oth~rstructure as referred to .above.he, shall apply inwritfngto the Architectural , ContJ'O 1 COIl'lll1 ttee for approval of such proposed ' structure. . The COI1III1 ttee I s approvll , . or disapproval as required herein shall be in writing. If the Conmittee or its . disignated representative fa11s,togive written approval or disapproval within thirty (30) days after plans and spectfficat10ns have been submitted to it. or in any event if no suit.to enjoin the construction has been comnenced prior.t~.the completion of the improvements, arprovalw111 no.t be required and the related covenants shall be deemed to have been fully satisfied. 3. lOT SIZES: Nobu1lding shall be erected or placed on any lot having a width less than 50 fet;t at minimum building setback line or having an8realess than t9,OOO square feet. 4. OWELLING~IZE: , The heated floor area of themalnresidential st~ucture.exclusiveof open porches, screened .porche's. stoops.. and garages. shall not. be less than.1400 square. feet; the heated ground floor area shall be .not less than 800 square feet. 5. BUILDING lOCATION: No bu11dingshall be located on any lot nearer to the front line or nearer to the side streetthantheminimurnbui1ding setback line shown on the recorded plat. In any event, no building shall be located on a lot nearer than twenty-five (25) feet to the front lot line,ornearer than fifteen (15) feet to the side street line. No building shall be located ne~rerthan (7.5) feet to any interior lot line. The minimum side line d'lstaraceon garages located seventy-five .(75) feet or m,orefrom the front of the property shall be (7.5) feet. For the purposes of this covenant, eaves. steps and uncovered porches shall not be considered as a part of the building. 6. EASEMENTS: Easements for the ..instal lat1 ons and.. ma intenanceof utilities are reserved as shown and providing for on the recorded plat. Said easements are also reserved as drainage easements. 7. NUISANCES: No noxious oroffe,n'siveact1vityshal1 be permitted upon any lot, nor shall anything be donethereonwh1ch maybe or become anannouanceornuisance to the neighborhood. The Architectural ControlComnitteedes1gnated in Paragraph Two shall have the authority to decide what constitutes a nuisance to the neighborhood. This requ1rement1ncludes an obligation on part of all lot owners to \ keep' thepropert1es in such manner. as. to preserve attractive appearance of the. neighbor- . hood. 8. -J"tlI (\.) -t ....i- o nil' \' 0 't~..7..!J~r ;,:~ ~..:f'~ TEMPORARY. STRUCTURES: Nostructureofatemporary character; basement. tent. shack. garage. ba'~n. or other outbu11d1ngshall be used on any lot at any time as a residence. either temporarily.or.pennanently. 9. SIGNS: No signs of,anykindshell be~isplayedtothe public v1ew.fnany lot except, CIne sign of not mote than five (5) square feetadvert1s1ng the property for , ,sal~ or rent, or signs used by a' builder to advertise tht! property during the (2) -..-:a ,.,....~._~ ~,J ... . ---. . . - - . , l R E. ,....,... '. · - '"""' f"'."'" T '" 5" 1901:' '-' '--. . ~....., v v i '- o-\J . ~*A" ,H~. {) I I , ~ ..............~..........-.-......:....:..~~~-....- -............... ..... . .... _ .. _~~~ lit.. t,_~"'''' ~ ...."'.........,.....~......... ,. .-'._........ ..~.. .~~ ..4.~4_..;..~....... ~ ~/ ,. , ~~~~?..~-:~ '.' , ~, ''-;~____...........-. ' ,';. ~ : . I . -~f . .. .- ~ ,.. . . --:. '\I \ ...-- ~.) . RE~::"":= ~.~.:. ~~ :~~5~ J I . . ~ ' ....,,.? ~ J construction and 'sales period. 10. OIL AND MINING,OPERATIONS: No 011 dri1ling,oi1development operations. oil refining, quarrying, or mineral mining operat1onsofany.k1nd shall"be penn1tted upon or in any lot. nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. Noderr1ckor other structure designed for use in boring for oril or natural gas wells. shall beerected,maintainedor perm1ttedupon any lot. 11. lIVESTOCK AND POULTRY: , No animals, livestock or poultry of nay kind shall be raised, bred. or kept on any lots, except that dogs. cats or other household pets maybe kept pro- vidingthat they are not kept. bredorma1ntainedforan)'.corrmerc1al purposes and further providing that' the keep1ngof such house~oldpets does not constitute a nuisance to the neighborhood. , 12. GARBAGE AND REFUSE DISPOSAl.: \ No lot shall be used ormainta1ned as a dumping ground for rubbish, trash, garbage, or other waste and such waste shall be kept only in sanitary con- ta1ners. All1ne1nerators,orotherequipmentfor the storage or disposal of such nlaterial shall be kept "nclean sanitarycondit1on. 13. TERM:' These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of forty(40)yeal"s from the date of these covenants are recorded, after whicht1me said covenants shall be automatically extended for a successive periods of ten (10l years unless an instrument signed by.a majority of. the then owners of the lots has been recorded, agreeing to change saidcovenenats1n whole or in part. Itis understood that each owner of one or more lots shall be entitled to one vote for each and every lot owned. .14. ENFORCEMENT: Enforcement shall be byproceed1ngs at low or in equity against any person or persons violating or attempting tov101ate any covenant either to restrain violation or to recover damages. 15. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. I II i 0 WITNESS ha.nd.ata.a;~.L ,Texas, thfsJ;!h...day of 197 L. ~' ~~~uJaJ~ EOWIN w. SCHULH 1/#. .1 (V~Ai~v- M.L.CASHION BRYCO,? INCORPORATED ~K_ ,0;. f l. RECE:\':: , ' "" ~-'\ T 1\ \JV ... . . - -'~ 5 ,~5 i Wt~~ ,~ ~ .-y.._- ,COUNTY OF BRAZOS, i.' . BEF'ORE\'ME. the undersigned. a Notary Public in and for said County and State. onth1s.day personally appeared EDWIN W. SCHULTZandM.L.CASHION. . known tome tabe the persons whose names are, subscr.1bed to the forego 'I ng instrument, and acknowledged to me that they executed the same for' the purposes andcons1derat1on therein.expressed. ,......... ~...~.G.IVEN UNDER MY HAND AND SEAL OF OFFICE, this the Lday of ~t 197 L. .' .. ~'\\, ru~ . .... ~ ri......... V( '... l 0 ", I. >.11 . ~ ' i ~.... r\ ..... " · i "'~'.'J":, , t~ ~ .(1 · " .....~.V".~ ~. Notary Public in and for Brazos ......~~ . c".... County. Texas '. ~"l''' 1-.t . STATE. OF TEXAS COUNTY OF BRAZOS BEFORE ME. the undersigned. a Notary Public in and for said County and State. on thi.sdaype~SonallYapp~ared . t,"JJJ.. .A~~H~1~ known. to me tobethepersonandof'ficerwho'se,name<1s'subscribed to the foregoing' instrument and acknowledged tome that thesame.wIs the act of the said BRYCO. INCORPORATED I,a corporation. and that he executed the same as the act of such corporation for the purposes and cons1derattontheretn expressed. and in the capac1 ty there1 n s ta ted. I ./ .' '. GIVEN UNDER MY BAND AND SEAL OF OFFICE. th1~ the~ day of ~~ . 197Z. ,....,...... ."...~ ~R 'rp"""" ~. Q.. ........ i/ '. , "V ...... . .... ~ .... ,.', ..' J '. ( '\ .' . ~ 1\ '. ~ ~ . , ~.. ,,- ~ ~ '. ~ ':".J ! ;Z".. ;.. ~r ...........: :.~~. .,. -k~: "',: ...~... . ~.... ", c. ~ i!,~,r.~~'. ' A)tttJ~ 6 '~M1~' . Notary P lie in and fo razos County, Texas ___1 ". .'. .~. ;~. , ~.:'~: '. :.;: . ,: . ~It, .::~" '.;.: t;' '. ,.,', . . ---,,:- ~ ~~...:.~~.:.:..:..:..:..:.:..~~'.....:,;;. ~'.."." ~ .:'~': ...... ,~ , I'.