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AREA PROGRESS CORPORATION
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DEED RESTRICTIONS:.
Resubdivision of Lot 39,
Block 14 Southwood, Section 25
College Station, Texas
THE PUBLIC
THE~SfiATE OF TEXAS X
SNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS X
That, Area Progress Corporation of College. Station, Texas, being
owners of all that certain tract of land shown as•Lot 39, Block 14;
Southwood, Section 25, a subdivision of the .City. of College Station,
Brazos County, Texas: as of record in Volume 316, Page 687 of-the Deed,
Records of Brazos County, .Texas, SAVE AND EXCEPT the 180' X 150''
parcel of land out of the easternmost corner of said lot 39, heretofore
conveyed•to John Baker, fII. The .said tract having been subsequently
re-subdivided by plat recorded in ,the Deed Records of Brazos County,
Texas under file No. 108012, and desiring to create and carry. out a uni-
form plan for the_improv~ements,'de~elapment and sale. of lots in said
re-subdivision do hereby adopt and establish the following reset°vatons,
restrictions, covenants and easements to apply uniformly to the use,
occupancy and conveyance of the lots in said re-subdivision shoyvn on
attached copy of the filed plat.
RESTRICTION:
1. LAND USE AND BUILDING TYPE.:
No plot shall be used fox any purpose exdept those permitted by
the agplicable Zoning Ordinance of the .City of College Station and
other applicable ordinances. No building shall-be erected, a~_tere~,
placed or. permitted to remain on any lot .other-than Une commercial
,building or other structure which supplements the building, and is
computable to its use such as fences., walls, pool terraces, drives,
parking areas and landscaping features.
2. ARCHITECTURAL CONTROL:
No building or sign or other structure 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 and a
drainage plan (showing disposition of water runoff,. particularly with
respect to adjacent properties in the access easements) have been
approved by the Architectural '.Control Committee as-to proposed quality
of building, harmony of external design, and as to the location ~~*ith ,
respect to topography and finish grade elevations. No fence or wa?_1
shall be erected, placed or altered on any lot nearer to any street
than the minimum building setback line unless similarly approved. .The
Architectural Control Committee is composed of Three members-whose
names and addresses are. as follows:
W. D. Fitch, College Station, Texas
John E. Heyde, College Station, Texas
David R. Mayo, College Station, Texas
A majority of tfie 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 the full authority to de ignate a
successor.. Neither of the members of the Committee. nor its designate.
representative shall be entitled to any' compensation for services-
performed pursuant to this covenant. At any time, the then record
owners of .one-ha f (1/2) of ;the lots in- his re-subdivision shall have
the power through a duly recorded instrument to .change the membership
of the Committee or to withdraw from the Committee or to restore to it
any of its powers or duties or to amend or revise these restrictions;
however, any such amendment or revision shall not be retroactive.
Before any lot owner in the re-subdivision shall commence the erection
or placing of any building, wall, fence or other structure as referred
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FILED FORA ~i~COF2D ~
pArr_~ _O^~L~
ATQL_a_ "___: O'C LOCI: _~~M I
t=f'2ANK DUFilSKIE
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~. to above, he-shall apply in writing to the Architectural Control
Committee for .approval of such proposed structure. ,The Committee's
approval or disapproval-as required herein. shall beiin.writing. If
~~the Committee oc its designated representative shall fail to give
~' written approval or disapproval within thirty (30) days after. plans
and specifications have been submitted 'to it, or any event if na suit
to enjoin the construction has beem commenced prior to-the completion
~~ of the improvements,, approval will not be required and the related
., covenants shall be deemed to have been fully satisfied..
3. LOT SIZES : ..
No building shall be erected or placed on any lot having a width
less than 24 feet at minimtun building setback line or'having an area
less that 3600 square feet.
4. BUILDING LOCATION:
No building shall be located on any lot nearer to-the front line
or nearer to the side street than the minimum building setback line
shown~on the recorded plat. In any event, no building shall be located
or. a lot nearer than fifty-five (55) feet to the front lot line, or
nearer than thirty (30) feet to the rear line. No building shall be
located nearer to any interior lot line than the minimum set out in
the City Ordinances. For the purposes of this covenant, eaves, steps
and uncovered. porches shall.. not be considered as a part of the building.
~When~it is desired and permitted by ordinance to;build on the
lot line, such wall shall be not,less than 2`hour fire rating and shall
be subject to automatic °party'w~.ll" agreement. Such walls shall be
built on said lot 'line or observe minimum sideline setback.
5. MATERIALS REQUIRED:
Tne structures shall have-not less than 80$ of the exterior wall.
areas of brick or other masonry material,-o~ such other material as
may be approved by the Architectural Control Committee as being of
sufficient permanence and appropriate appearance as to be equivalent
to masonry.
b. EASEMENTS:
Easements for the installations and maintenance of utilities are
reserved as shown and provided for on the recorded plat. Said ease-
ments 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.
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A. Access easements as shown on the plat are. reserved to facilitate
access along and across the, front and rear of all lots (for owners,
customers, tenants and service vehicles and personnel) from the adjacent
..public dedicated rights-of-way.
The owners of each lat shall be responsible for the maintenance of
such access easements in such condition. as to surfacing and grade in
order to facilitate and not to inhibit the free movement of vehicles
and pedestrians from each lot to the adjacent lots or'to the public
ri hts-of-wa ,'oinin such access .easements. Surfacin materials and
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grades shall be such as to permit the drainage of ,water to reach the
natural or constructed drainage channels or structures.
B. SLOPE CONTROL AREAS: Slope control areas are reserved as
shown and along all natural or relocated drainage-ways. 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 ±he direction of flow of drainage
channels or obstruct or retard the flew of water through drainage
channels. The slope control areas of each lot 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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(2) .
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C. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between 2 and 6 feet
above the roadways Ghall be placed or permitted to remain on any
corner lot within tl~e 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 the case of-a rounded property corner from
the~.,~~ersection 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.
7. NUISANCES:
No noxious or offensive activity shall be permitted upon any lot,
nor shall anything be done thereon which r~iay be or become an annoyance
,or nuisance to the neighborhood. The Architectur.al'Control Committee
designated in Paragraph Two shall have the authority to decide what
constitutes a nuisance to the neighborhood. ',
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8. TEMPORARY STRUCTURES: ',
No structure of a temporary character; basement, tent, shack,
garage, barn or other outbuilding shall be used on any lot at any time
as a residence, either temporarily or permanently, and temparary buildings
used during construction shall be removed upon completion of construction.
9. OIL AND MINING Or'ERATIONS:
No oil drilling, oil development operations, oi.1 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 or in any loto No derr~ck'or other structure
designed for use in boring for oil or natural gas wells shall be
erected,. maintained or permitted upon any_lot.
10. GARBAGE A~'~1D REFUSE DISPOSAL:
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. All incinerators or other equipment for the storage
or disposal of such material shall be kept in clean sanitary condition.
11. 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) years from the date these covenants are recorded, after ryhich time
said covenants shall be automatically extended for successive periods
of ten (10) years unless an instrument signed by three-fourth (3/'4.) of
the owners of the lots 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.
12. ENFORCEMENT:
Enforcement shall be by proceedings at law or in equity against
any persons or person violating or attempting to violate any covenant
either to restrain violation. or to recover damages. -
13. SEVERABILITY:
Invalidation of any one of these covenants by judgment or court
order shall in no wise affect .any of the. other provisions which shal'_
remain in full force and affect.
(3)
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l !_et 38 Block 14
Southwood S¢ction 25
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Subdivision of Lo/ 39 f3/oc/S /4 Sovfhwrood S¢cfion 25 yz~~°~rr~~~',~.~x~~-~.~..~,
Coll¢~¢ Staf~or,,"T'¢xas "-~ March 19~G
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We, Area Progress Corporation, owners and developers of the land shorn ~
on this .plat and designated herein as Subdivision of Lot 39, Bi.ock. 1.4, J
Southwood Section 25, College Station, Texas, and whose names are sui~-
scribed hereto,. hereby .dedicate to the use of the public forever all
streets, alleys, parks, easements and public places thereon shown for
the purpose and consideration therein expressed.
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Area Progress Corporation By: ~'~ ~~~ PresiderF~:
BEFORE ME, the undersigned, a Notar}~ Public in and for Brazos County,
Texas, on this day personally appeased W. D. Fitch, president of area
Progress Corporation, known to me to be the person and officer whose
name is subscribed to the. foregoing instrument and acknowledged to me
that th~~, same.was the act of the said Area .Progress Corporation, a
torpor' ; xdr,'i,~f anti, that he executed. the same as the act of such corporation
for ~n~,~5urpo'a~s•~•and consideration therein expressed and in the capacity
theYeili st ted:; i
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GIVEN•UNDFR~;MY,H~ND AND. SEAL OF OFFICE, this 5th day of March,A.ll. 197(
•..,~ ~ ~,;:. Notary Public, Brazos County,!l~~,,~exas
I, ~~;'~~u ~', ~-.C~~C,t..i=.`( , Chairman. of the Planning and Zoning Commission
of the City of College Station, hereby certify that the attached plat
was duly approved by the Commission of •the t ;'"":;clay of M~l~~-~-Q ,T, 197F~.
,;:~a;f_ :~ !r, "7c.>-s•'L ' ~~,:c:--t.7 ATTEST: ~ /!• '~!t°G-.•i.~~' ••~~~ / ~`,'.%~ !.!'~r'. `-
~" a rman Z /~ .~-Secretary ~~
c-ty C'~~;/APPro~~~. Q % ~~rT~ 2~~Yarc,~!~~
STATE OF TEXAS d&'?,~yor o~Lf/J¢ C'~~ of Co/la e Sfafio/? . (~af¢ ~
COUNTY OF BRAZOS ~
I, Frank Boriskie, County Clerk, in`and for said county and state, "do c
hereby certify that this plat together with its certificates of
authentication was filed for record in my office the day of
A. D. 19 at o'clock .M. and duly recorded on the day of
A.D. ~ in the Deed Records of Brazos County in
Volume ~, Page y
Witness my hand and official seal, at my office in Bryan, Texas,, this
day of A.D . 19
County Clerk, Brazos County Deputy
By: '
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