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SHABEER JAFFAR SUBDIVISION RESTRICTIONS
TO THE AND RESERVATIONS
PUBLIC CHIMNEY HEIGHTS (LOTS 1-12)
COLLEGE STATION, TEXAS
THE STATE OF TEXAS §
COUNTY OF BRAZOS § KNOW ALL MEN BY THESE PRESENTS:
THAT Shabeer Jaffar, is the developer and owner of all that certain 3.370 acre tract in the Richard
Carter League, Abstract No. 8, College Station, Brazos County, Texas, said tract being a portion of a tract
platted as Chimney Heights, a subdivision of the City of College Station. Said developer desires to create and
carry out a uniform plan for improvement, and to protect the value of the said real estate, and to promote the
harmony and peace of this subdivision and its neighbors. Said developer therefore establishes the following
restrictions to apply uniformly to the townhome portion of Chimney Heights, specifically including Lots 1-12
and the Commons Areas associated with Lots 1-12. Lot 13 is specifically excluded from these restrictions.
RESTRICTIONS:
1. DEFINITIONS:
A. Architectural Control Committee. "Architectural Control Committee" shall mean the
committee created pursuant to this Declaration to review and approve plans for the
construction of Improvements on the Property.
B. Articles. "Articles" shall mean Articles of Incorporation of Chimney Heights Homeowners
Association, as that instrument may be amended from time to time, which instrument is or
shall be filed in the office of the Secretary of State of the State of Texas
C. Assessment. "Assessment" or "Assessments".shall mean such assessments as may be
levied by the Association under the terms and provisions of this Declaration.
D. Association. "Association" or "Homeowners Association" .shall mean the CHIMNEY
HEIGHTS Homeowners'Association, Inc., a Texas non-profit corporation, which shall have
authority and responsibility for all of the communities and subdivisions of Chimney Heights,
as hereafter defined.
E. Board. "Board" shall mean the Board of Directors of the Association. Board members may,
but need not be Members of the Association.
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f
F. Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board, and
from time to time amended.
G. Common Areas. "Common Areas" shall mean any land conveyed, leased, dedicated or
assigned by Declarant, or by a third party with the Association's consent, to the Association
for maintenance and operation, including, but not limited to, easements, roads, entry ways,
roadways, rights-of-way, parkways, median strips, sidewalks, parks, trail, paths, ponds,
creeks and lakes within the Property.
H. Declarant. "Declarant" shall mean SHABEER JAFFAR.
I. Declaration. "Declaration" shall mean. this .instrument as it may be amended from time to
time.
J. Improvement. "Improvement" shall mean every structure and all appurtenances thereto of
every type and kind, including, but not limited to buildings, outbuildings, storage sheds,
patios, tennis courts, swimming .pools, garages, storage buildings, fences, screening walls,
retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water
softener fixtures or equipment, and poles, pumps, walls, tanks, reservoirs, pipes, lines,
meters, antennae, towers and other facilities used in connection with water, sewer, gas,
electric, telephone, regular or cable television, or other utilities.
K. Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a
subdivided lot on a recorded plat of the Property, together with all Improvements located
thereon.
L. Member. "Member" or "Members" shall mean any person(s), entity, or entities, including
Declarant, holding a fee simple interest in any Lot on the Property, but shall not include a
Mortgagee.
2. LAND USE AND BUILDING TYPE:
No lot shall be used for any purpose except that of a single family residence.. No building shall be
erected, altered, placed or permitted to remain on any lot other than one (1) single family townhouse
dwelling which does not exceed thirty-five (35) feet in height. All dwellings shall be constructed
according to one of the approved plans provided by the developer.
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3. ARCHITECTURAL CONTROL:
A. REVIEW REQUIRED: No improvement, including fences or walls, shall be begun, erected,
placed, altered, or permitted on any lot until the construction plans and specifications, and
a drawing showing the location of the proposed structure on the lot, have been approved by
the Architectural Control Committee as to proposed quality of construction, harmony of
external design, and location with respect to topography and finish grade elevation.
B. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee shall be
composed of three (3) members whose names and address are as follows:
Shabeer Jaffar, Bryan, Texas;
Samira Jaffar, Bryan, Texas;
Don Jones, College Station, Texas;
A majority of the committee may designate a representative to act for it. In the event of the
death or resignation of any member of the Committee, the remaining members shall have full
authority to designate a successor. None of the members of the Committee shall be entitled
to any compensation for services performed pursuant to this covenant. A designated
representative performing compliance review on behalf of said committee may be
compensated, but not to exceed the amount of the compliance review fee described
elsewhere. The Committee is not required to meet at any particular time and failure to meet
will not work a dissolution of said committee. The Committee may not be sued over any
action taken in good faith. At any time after fifteen years from date hereof, the then record
owners of at least three-fourths (374) of the lots shall have'the power, through a duly recorded
instrument signed by such owners, to change the membership of the Committee, to dissolve
the Committee, or to restore its power or duties.
C. SUBMISSION/COMPLIANCE REVIEW FEE/REVIEW PROCESS/PLAN APPROVAL: Before
anyone shall commence the erection or placing of any building, wall, fence or other structure
whatsoever in the subdivision (including satellite dishes and antennas or radio masts), he
shall apply in writing to the Architectural Control Committee for approval of such proposed
structure and such application shall include the supporting documents referenced above, as
well as a Compliance Review Fee of one hundred ($100) dollars. The fee shall be paid to
the Homeowners Association. The Committee's approval or disapproval as required herein
shall be in writing. If the Committee or its designated representative, does not issue a written
disapproval within forty-five (45) days after plans and specifications have been submitted to
it, the submission will be deemed'to be administratively approved and the related covenants
shall be deemed to have been fully satisfied.
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D. BUILDING LOCATION CONFIRMATION:. No foundation slab for a building may be poured
until the Architectural Control Committee has been provided with a "form location survey"
drawing and has approved the form location. Said drawing must be the product of an on-
ground survey in accord with Texas Society of Professional Surveyors standards and must
be signed and sealed by a Registered Professional Land Surveyor. If the survey shows the
slab forms to be mislocated with respect to the building location required by the City
approved site plan, the Architectural Control Committee will require that the forms be moved
to the proper location, the new location to be confirmed by signed and sealed survey as
described above.
E. COMPLIANCE REQUIRED: Any failure to comply with the approval requirements stated
above is subject to a penalty of sixty ($60) dollars per day or part of the day in which the
infraction occurs, payable to the Homeowners Association.
4. RESPONSIBILITY OF MAINTENANCE:
A. Maintenance of individual dwelling units, dwelling interiors and supporting individually owned
mechanical and plumbing systems is the responsibility of each individual lot owner.
Maintenance and operation of common drives, access ways, dumpster pads, common
irrigation systems, sidewalks, perimeter fences, security gates, and drainage channels is the
responsibility. of the Chimney Heights Townhomes Homeowners Association. A monthly
maintenance and operating Assessment to be set initially at sixty-five ($65) dollars a month
will be charged by the Homeowners Association to each lot in said subdivision to pay for such
activities. By a simple majority vote of the Homeowners Association said fee may be
changed, but it may never be lowered below sixty-five ($65) dollars per month.
B. Each unpaid Assessment together with such interest thereon and costs of collection thereof
as hereinafter provided, shall be the personal,obligation of the owner of the Lot against which
the Assessment falls due, and shall become a lien against each such Lot and all
Improvements thereon. The Association may enforce payment of such Assessments in
accordance with the provision of this Article.
C. In addition to the regular Assessments provided for above, the Association may levy special
Assessments whenever such special Assessments are necessary to enable the Association
to carry out the functions of the Association. The amount and due date of any special
Assessment shall be at the reasonable discretion of the Association.
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D. The regular and special Assessments provided for herein shall be the personal and individual
debt of the owner of the Lot covered by such Assessments. Except as otherwise provided
herein, no Owner may exempt himself from liability for such Assessments. In the event of
default in the payment of any such Assessment, the owner of the Lot shall be obligated to
pay interest at the highest rate allowed by applicable usury laws then in effect on the amount
of the Assessment for due date thereof (or if there is no such highest rate, then at the rate
of 1-1/2% per month), together with all costs and expenses of collection, including reasonable
attorney's fees.
E. All sums assessed in the manner provided in this Article but not paid, shall, together with
interest as provided herein and the cost of collection, including attorney's .fees as herein
provided, thereupon become a continuing lien and charge on the Lot covered by such
Assessment, which shall bind such lot in the hands of the Owner, and such.Owner's heirs,
devisees, personal representatives, successors or assigns. The aforesaid lien shall be
superior to all other liens and charges against the said Lot, except only for tax liens and all
sums unpaid on a first mortgage lien or first deed of trust filed of record, securing in either
instance sums borrowed for the acquisition or improvement of the Lot in question. The
Association shall have the power to subordinate the aforesaid Assessment lien to any other
lien. Such power shall be entirely discretionary with the Board and such subordination shall
be effectuated by an officer of the Association, duly authorized by the Board. To evidence
an Assessment lien, the Association may prepare a written notice of Assessment lien setting
forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by
such lien, and a description of the Lot. Such notice shall be signed by an officer of the
Association, duly authorized by the Board, and shall be recorded in the office of the County
Clerk of Brazos County,. Texas. Such lien for payment of Assessments shall. attach with the
priority above set forth from the date that such payment becomes delinquent, and may be
enforced subsequent to the recording of a notice of Assessment lien as provided above, by
the foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage
on real property, or the Association may institute suit against the owner personally obligated
to pay the Assessment and/or foreclosure of the aforesaid lien judicially. In any foreclosure
proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs,
expenses, and reasonable attorney's fees incurred by the Association. The Association shall
have the power to bid on the property at foreclosure or other legal sale and to acquire, hold,
lease, mortgage, convey or otherwise deal with the same. Upon the written request of any
Mortgagee, the Association shall report to said Mortgagee the status of any Assessments
relating to the Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days
after due.
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5. DWELLING SIZE AND CONSTRUCTION
The livable, heated area of each single story residential structure, exclusive of open porches, open
terraces or garages shall not be less that one thousand eight hundred (1800) square feet.
6. BUILDING LOCATION
Each building shall be located as depicted on the site plan approved by the City of College Station.
Said site plan, which shows the specific development scheme for lots 1-12 of this subdivision may
not be modified with regard to the building locations without the approval of seventy-five (75%)
percent of the record lot owners, and the approval of the Architectural Control Committee. If such
changes are deemed "significant", such changes also require approval by the City of College Station
Planning and Zoning Commission and City Council, in accord with the recorded PUD-1 Zoning..
Agreement.
7. MATERIAL REQUIRED:
All structures shall have not less than fifty-one (51 %) percent of the exterior wall areas of brick or
other masonry material.
8. EASEMENTS/SLOPE CONTROL AREAS
Easements for the installation and maintenance of utilities are reserved as shown for on the recorded
plat. Said easements are also reserved as drainage easements, as needed, to permit the drainage
from adjacent lots in the direction of the original natural slope of the land. 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.
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9. NUISANCES:
No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon
which may be or become an annoyance or nuisance to the neighborhood. The Architectural Control
Committee designated in Paragraph Two shall have exclusive authority to determine what constitutes
a nuisance to the neighborhood.
10. TEMPORARY STRUCTURES:
No structure of temporary character--including but not limited to a tent, shack, barn or other
outbuilding--shall be placed on any lot at any time except during periods of construction and then only
to the extent actually used in the construction process.
11. SIGNS:
No signs of any kind shall be displayed to the public view on any lot except one sign of not more than
five (5) square feet advertising property availability and one sign used by a builder to advertise the
property during the construction and sales period.
12. OIL AND MINING OPERATIONS:
No oil drilling, oil development operations, oil refining, quarrying or mineral mining operations of any
kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavations or
shafts be permitted upon, in or under any lot. No derrick or other structure designed for use in boring
for oil or natural gas shall be erected, maintained or permitted upon any lot.
13. LIVESTOCK AND POULTRY:
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lots, except that dogs,
cats or other household pets may be kept provided that the keeping of such household pets is in
compliance with City Ordinance and does not constitute a nuisahce to the neighborhood.
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14. GARBAGE AND REFUSE DISPOSAL:
No lot shall be used as a dumping ground or storage or holding area for rubbish, trash, garbage or
other waste. Specifically excepted is the normal storage or holding of customary household
generated municipal solid waste in city approved containers while awaiting normal weekly pickup by
the city. Any lot upon which dumping occurs shall be immediately restored to its original condition by
the owner. Should the owner fail to perform this duty promptly, the Homeowners Association may
contract for cleanup, with the expense to be borne by the lot owner. Household trash and waste shall
be kept only in sanitary containers. All equipment for the storage oi- disposal of such. maternal shall
be kept in a clean, sanitary condition, in accord with applicable city ordinances. Burning of any
garbage, trash, or rubbish is prohibited.
15. PARKING OF VEHICLES:
Overnight street parking of vehicles or trailers under the control of residents or owners is prohibited.
Work trucks, campers and recreational vehicles, including but not limited to trailers, boats, motor
homes, etc., shall not be parked or stored on a regular basis in the driveway or other open place.
16. YARD APPEARANCE/LANDSCAPING/LANDSCAPING COMPLIANCE REVIEW FEE:
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 neatly maintained. Dead trees and
shrubbery will be promptly removed. Non-traditional landscaping and use of native plants and
materials is encouraged, but any non-traditional landscaping will require a landscaping plan which
must be specifically approved by the Architectural Control. Committee or its designee prior to
construction. A Compliance Review Fee of fifty ($50) dollars shall be paid to the Homeowners
Association upon document submission. Any failure to comply with these approval requirements
stated above is subject to a penalty of thirty ($30) dollars per day in which the infraction occurs,
payable to the Homeowners Association. No lot shall be used for the storage of material and
equipment except for normal residential requirements. Yard equipment and woodpiles shall be kept
screened to effectively conceal them from view of neighboring lots, streets or other properly. Outside
clothes lines and storage piles of any type are prohibited.
000636-C.OS-13 (2590)
17. FENCES:
No chain link fence shall be permitted upon any lot except for certain perimeter fences approved by
the City of College Station as part of the original site plan of Chimney Heights Lots 1-12. No fence
of any type shall be permitted forward of the front lot set back line. All fences of any type must be
approved by the Architectural Control Committee prior to construction. Any fence erected in violation
may be removed by the Homeowners Association which will have a right to place a lien on the
property to cover costs of removal.
18. MAINTENANCE OF VACANT LOTS:
Grass, vegetation and weeds on each lot shall be cut as often as may be necessary in order to
maintain the same in a neat and attractive condition. If the owner of any lot fails to do so, the
Homeowners Association shall have authority to secure such maintenance, and the owner shall be
obligated to pay the cost of such work, which amount will become a lien on the property.
19. FIREARMS:
The unlawful use of pistols, rifles, shot guns, or other firearms or air guns is expressly prohibited.
A!I use of all fireworks is expressly prohibited.
20. RESUBDIVISION:
Any resubdivision must be approved by the Architectural Control Committee. No resubdivision will
be allowed which creates additional lots. Lots may be combined to produce a smaller number of
larger lots.
21. TERM:
These covenants and restrictions are to run with the land and shall be binding on all owners of Lots
1-12, and all persons claiming under them fortwenty-five (25) years after which time said covenants
and restrictions shall be automatically renewed and extended for successive periods of ten (10) years
000636-C.OS-13(2590)
unless an instrument signed by a majority of the then owners of the lots is filed for record in Brazos
County, Texas, altering, rescinding or modifying said covenants and restrictions in whole or in part.
22. AMENDMENT
A. ~ Declarant. This Declaration. may be amended by the Declarant, acting alone, until
January 1, 1998, and thereafter for so long as Declarant holds a majority vote of the votes
of the Association. No amendment by Declarant shall be effective until there has been
recorded in the Official Records of Brazos County, Texas, and instrument executed and
acknowledged by Declarant and setting forth the amendment, and an instrument executed
the requisite number of votes.
B. By Owners. In addition to the method in 21 (A), after January 1, 1998, this Declaration may
be amended by the recording in the Official Records of Brazos County of an instrument
executed and acknowledged by the President and Secretary of the Association setting forth
the amendment and certifying that such amendment has been approved by Owners entitled
to cast at least seventy-five percent (75%) of the number of votes entitled to be cast.
23. ASSOCIATION:
A. Organization. The Declarant has or shall cause the formation. and incorporation of the
Association as a nonprofit corporation created for the purposes, charged with the duties, and
vested with the powers prescribed by law or set forth in its Articles and Bylaws shall for any
reason be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
B. Membership. Any Person or entity upon becoming an Owner shall automatically become a
Member of the Association. .Membership shall be appurtenant to and shall run with the
property interest which qualifies the Owner thereof for membership, and membership may
not be severed from, or in any way transferred, pledged, mortgaged, or alienated except
together with the title to the said property interest.
C. Voting Rights. The right to cast votes, and the number of votes which may be cast, for
election of directors to the Board on all other matters to be voted on by the Members shall
be calculated as follows:
1) The Owner, whether one or more (Including Declarant) of each Lot within the
Property shall have one vote for each Lot so owned.
000636-C.OS-13 (2590)
2) In addition to the votes to which Declarant is entitled by reason of Subparagraph (A)
of this Section, for every such vote Declarant shall have three (3) additional votes,
until such time as the votes described in Subparagraph (1) of this Section, owned by
Owners other than Declarant, total in the aggregate sixty-six and two-thirds percent
(66 2/3%) of the total number of votes outstanding under Subparagraph (1).
Thereafter Declarant shall have only the votes, if any, to which it is entitled under
Subparagraph (1) of this Section.
D. Powers and Authorit~,of the Association. The Association shall have the powers of a Texas
nonprofit corporation, subject,only#o any limitations upon the exercise of such power as are
expressly set forth in this Declaration. It shall. further have the power to do and perform any
and all acts which may be necessary or proper for or incidental to the exercise of any of the
express powers granted to it by the laws of Texas or by this Declaration. Without it in any
way limiting the generality of the two preceding sentences, the Association, and the Board
acting on behalf of the Association, shall have the following powers and authority at all times:
1) CHIMNEY HEIGHTS Rules and Bylaws. To make, establish and promulgate, and
in its discretion to amend or repeal and re-enact, such CHIMNEY HEIGHTS Rules
and
bylaws, not in conflict with this Declaration, as it deems proper to address any and
all aspects of its functions.
2) Insurance. To obtain and maintain in effect policies of insurance which, in the
opinion of the .Board,. are reasonably necessary or appropriate to carry out
Association functions.
3) Records. To keep books and records of the Association's affairs.
4) Assessments. To levy Assessments as provided herein.
5) Ripht of Entry and Enforcement. To enter at any time in an emergency, or in a non-
emergency, after ten (10) days written notice, without being liable to any Owner,
upon any Lot and and into any Improvement thereon for the purpose of enforcing
the Restrictions or for the purpose of erecting, maintaining or repairing any
Improvement to conform to the Restrictions, and the expense incurred by the
Association in connection with the entry upon any Lot and the work conducted
thereon shall be a personal obligation of the Owner of the lot entered upon, shall be
alien upon the Lot entered on and Improvements thereon, and shall be enforced in
the same manner and to the same extent as provided herein for regular and special
Assessments. The Association shall have the power and authority from time to time,
in its own name and on its own behalf, or in the name of an on behalf of any Owner
who consents thereto, to commence and maintain actions and suits to enforce, by
000636-C.OS-13(2590)
mandatory injunction or otherwise, or to restrain and enjoin, any breach. or
threatened breach of the Residents. The Association is also authorized to settle.
claims, enforce liens and take all such action as it may deem necessary or expedient
to enforce the Restrictions; provided, however, that the Board shall never be
authorized to expend any Association funds for the purpose of bringing suit against
Declarant, its successors or assigns.
6) Legal and Accounting Services. To retain and pay for legal and accounting services
necessary or proper for the operation of the Association.
7) Delegation to Committees. To set up one or more committees as authorized by the
Texas Non-Profit Corporation Act, as the same is amended from time to time.
8) Em~lovees. To engage such employees as may be reasonably necessary in the
management of the Association and the performance of its duties.
E. Landscape and Maintenance. The Association shall be authorized to landscape, maintain
and repair easements, rights-of-way, common areas, entry ways, sidewalks, paths, trails,
detention ponds, lakes, and other areas of the Property, as appropriate.
F. Common Areas.
1) Subject to and in accordance with this Declaration, the Association, acting through
the Board, shall have the following duties:
a) To accept, own, operate .and maintain all Common Areas which may be
conveyed or leased to it by Declarant, together with any Improvements of
any kind or purpose located in said areas; and to accept, own, operate and
maintain all other property, real and personal, conveyed or leased to the
Association by Declarant or by other. Persons.
b) To pay all real and personal property taxes .and other taxes and
assessments are not levied directly upon individual Members of the
Association. The Association shall have all rights granted by law to contest
the legality and the amount of such taxes and assessments.
c) To execute mortgages, both construction and permanent, for construction
of improvements on property owned by or leased to the Association, and to
accept lands in common Areas, whether or not improved, form Declarant
subject to such mortgages. Financing may be effected through conventional
mortgages or deeds of trust, the issuance and sale or development or other
deeds of trust, the issuance and sale of development or other bonds, or in
any other form or manner deemed appropriate by the borrower, whether
Declarant or the Association. The mortgage or other security interest given
to secure repayment of any debt may consist of a first, second or other
000636-C.OS-13 (2590)
junior lien, as deemed appropriate by borrower, whether Declarant or the
Association, on the Improvement to be constructed, together with such
underlying and surrounding lands as the borrower deems appropriate. The
debt secured by such mortgage or other security instrument may be retired
form and secured by the revenues generated by dues, use fees,
assessment of Members, or otherwise, or any combination thereof, as may
be deemed appropriate by Declarant or the Association, as the case may
be, but subject to the limitations imposed by this Declaration.
2) In addition to, and not in limitation of, the power and authority of the Association as
set forth in Section 5.04 of this Declaration, the Association, acting through the
Board, shall have the power and authority:
a) To grant and convey portions of Associaiton property, including fee title,
leasehold estates, easements, right-of--way, and/or mortgages, to any
person or entity for the purpose of constructing, erecting, operating or
maintaining the following:
i) Parks, parkways or other recreational facilities or structures;
ii) Roads, streets, walks, driveways, trails and paths;
iii) Lines, cables, wires. conduits, pipelines or other means of providing
utilities;
iv) Sewers, water systems, storm water drainage systems, sprinkler
systems and pipelines; and/or
v) Any similar public, quasi-public or private Improvements.
Nothing contained in the Subparagraph, however, shall. be construed to
permit use or occupancy of any Common Area or Improvement in a way that
would violate applicable use and occupancy restrictions imposed by other
provisions of this Declaration, or by any statue, rule, regulation, ordinance
or other law of any governmental entity, including but not limited to rules and
orders of the Texas Water Development Board, Texas Water Commission,
and any flood plain, industrial waste or other ordinance of the City of College
Station.
b) To pay for water, sewer, garbage removal, landscaping, gardening and all
other utilities, services and maintenance for the property of the Association.
c) To pay for any other services necessary or proper in the performance of
Association functions, and to pay for any other taxes or assessments that
the Association or the Board is required to secure or to pay for pursuant to
000636-C.OS-13(2590)
applicable law, the terms of this Declaration, or the Articles or Bylaws of the
Association.
d) To own and operate any and all types of facilities for both active and
passive recreation.
e) To construct new Improvements or additions to Association properties,
subject to the approval of the Architectural Committee as required in this
Declaration.
f) To enter into contracts with Declarant and other persons, on such terms and
provisions as the Board shall determine, to operate and maintain any of the
Common Areas or to provide any service or perform any function on behalf
of Declarant or the Association in connection with the purposes of the
Association.
24. RIGHTS OF MORTGAGEES:
Any violation of these easements, agreements, restrictions, reservations or covenants shall not have
the effect of impairing or affecting the rights of any mortgagee, guarantor, or trustee under any
mortgage or deed of trust outstanding against a lot, at the time that the easements, agreements,
restrictions or covenants are violated.
25. ENFORCEMENT:
The covenants, reservations, easements and restrictions set out herein are for the benefit of the
undersigned, its successors and assigns, and for the benefit of any subsequent owner of any lot in
Chimney Heights, and their heirs, executors, administrators and assigns. Accordingly, all of the
covenants, restrictions, easements and reservations contained herein shall be construed to be
covenants running with the land, enforceable at law by any one or more of said parties. The
Homeowners Association: shall have the right to place a lien on any piece of property subject to these
restrictions to ensure payment of any. fees or .penalties described herein. The Homeowners
Association also retains the right to use other lawful means to enforce these restrictions, and to
recover necessary attorney fees and costs, in addition to the stated penalties and fees.
000636-C.OS-13(2590)
. .
26. SEVERABILITY:
The invalidity, abandonment or waiver of any one of these covenants, reservations, easements and
restrictions shall in no wise affect or impair the other covenants, reservations, easements and
restriction which shall remain in full force and effect.
EXECUTED this day of , 19
ATTEST
By:
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared
_, , of , a corporation, known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, in the capacity therein stated
and as the act and deed of said corporation.
Given under my hand and seal of office on this the day of , 19
Notary Public in and for Brazos
County, Texas.
Expires:
000636-C.OS-13(2590)
J
__ ~'
'~ ~'
FINAL PLAT
02 ?
Date Submitted:
Final. Plat:
Engineerin
Owner:
PRC `~l ~
Conditions:
Case # ~ ~ Y/
P&Z 7
Approved _ Denied
Required Utility Plans: s Water _ Sewer _ Streets ®Drainage ~ Elect. ~ SWaiks
Parkland Dedication:
Construction Plans Approved: _
Utilities Constructed & Approved:
Corrections as per Council:
Plat Signed: Mayor
Filed at County Clerk's ®ffice:
Copies distributed:
MicrofiBmed:
Letter of Guarantee/Credit:
Letter of Acceptance:
P&Z
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Council
Approved ® Denied
City Engineer
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NOTE: THERE IS NO CHANGE !N CURVE TABLE DAT
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ATE: ALL LOT CORNERS, ANGLE POINTS, POINTS OF CURVATURE
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~ HARRY E. RAISOR
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MIN(IMUM REpO UIR~EMENTS F~ NAL PLA)TS
INCLUDING BUT NORT LIMITED OUTHE FOLLTOWING:
(fie uirements based on field survey and marked by monuments and markers)
L Drawn on 24" x.36" sheet to scale of 100' per inch.
a. vicinity. map which includes enough. of surrounding area to show general. location of
subjectproperty in relationship to College Station and its.City Limits. No scale requred
but include north' arrow.
2. Name & address of subdivider, recorded owner, planner, engineer and surveyor.
^/ 3. - Name & address of all lenders on the property.
lla 4. - Name & address of all easement holders.
0" 5. Proposed name of subdivision (not spelled or pronounced similarly to any. other subdivision
-/ in Brazos County, Texas).
l~ 6. Date of preparation, scale in feet and north arrow.
11Y 7. Application fee.
8. Construction documents on 24" x 36" sheets.
~/ 9. 1"~~lid tax certificates from C of College Station, Brazos County and the C.S.LS.D.
10. Total area intended to be developed..
ll. Subdivision boundary lines indicated by heavy lines.
l!7 12. Certificate of Ownership & Dedication;
Certificate of Surveyorship and/or Engineer;
Certificate of City Engineer;.
Approval of Commission;
Approval of City Council;
Certificate ofthe.County Clerk
(Owner(s)' signature(s) must be in place before taking plat to P&Z for consideration).
!~ 13. Number of lots.
!~ a. number of lots by Zoning District.
!~ b. average acreage of each residential lot by Zoning District.
~a~ 14. Approximate area of street right-of way.
? 15. Proposed parkland dedication information.
~~ 16. Requested oversize participation items, if any.
17. Location of the One Hundred Yr. Floodplain according to the most recent available date.
~~ 18. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch.
ai
19, Exact location, dimensions, .name and legal description of all existing or recorded streets,
alleys, reservations, easements or other R.O.W. within the subdivision, intersecting. or
contiguous with boundary or forming boundary with accurate dimensions, bearings or
.deflection. angles and radii, area, center angle, degree of curvature, tangent distance and
length of all curves.
20. Same information for: proposed streets, alleys, etc. as preliminary plats.
21. Lot corner markers and survey monuments (by symbol) and tied to basic survey data.
22. Street, alley, and sidewalk plans, profiles and sections, with specifications and detail cost
estimates.
23. Sanitary sewer. plat with 2 foot contours, plan and profile lines, showing depth and grades,
with cost estimates.
24. Water line plat showing fire hydrants, valves, etc. with specifications: and a detailed cost
estimate.
25. Storm drainage system plat with 2 foot contours, street lines, inlets, storm sewer and
drainage channels, with profiles and .sections, and showing drainage and runoff areas, and
runoffbased on 5, 10, and 2S year rain intensity. Detail drainage structure design and
channel lining design if used, with specification and detail cost estimate..
26. Street lighting plan showing location of lights, design, and with specifications and detail cost
estimate.
~~ 27. Submit a statement addressing any differences between the final plat and. approved Master.
~~' Preliminary Plat & Plan.
f~''r 28. Indicate any variances requested and reasons for same.
30, Are there impact fees associated with this development?
31. Add a general note that no private sewage facility maybe installed on any lot in this
f ,~ subdivision without the issuance of a license by the Brazos County Health Unit under the
provisions of the private facility regulations adopted by the Commissioners Court of Brazos
County, pursuant to the provisions of Section 21.004 of the Texas Water Code.
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