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HomeMy WebLinkAboutLegal DocumentBRAZOS TRIAD LAND PARTNERSHIP, LTD. TO THE PUBLIC THE :STATE OF TEXAS COUNTY OF BRAZOS RESTRICTIONS: STEEPLECHASE SUBDIVISION COLLEGE STATION, TEXAS KNOW ALL MEN BY THESE PRESENTS: That, Brazos Triad Land Partnership, Ltd., a Texas Limited Partnership, hereinafter called °'Developer", of College Station, Texas, being owners of all that certain tract of land heretofore platted and subdivided. into Steeplechase, a subdivision of the City of College Station, Brazos County, Texas, said. plat being recorded in Volume ,Page , of the official records of Brazos County, Texas,:.: and desiring to create and .carry out a uniform plan for the improvements, development. and sale of lots in said subdivision and to provide for the preservation of the values and amenities of the properties in the subdivision hereby covenants and each owner of any lot, by acceptance of a deed therefore, (whether or not it shall be so expressed in any deed or other conveyance) shall be deemed to covenant and agrees'.... thereby to bind himself, his heirs, assigns, and all successors in ownership to .adopt and establish the following reservations, restrictions, covenants and easements to apply uniformly to the use, occupancy and conveyance of the l;psi~~ntpal ~A~91D ~~~1~A~~9~ase ~~bdivisian. RESTRICTIONS I. OBLIGATION OF LOT OWNERS:: It', is the obligation of Lot Owners to familiarize themselves with these restrictions and to, comply with them. The Architectural Control Committee or any lot owner in Steeplechase Subdivision is authorized to initiate any legal action necessary to enforce these restrictions. 2. ARCHITECTURAL CONTROL: A) The Architectural Control Committee is hereby established and shall be composed of three members whose names and addresses are as follows: John M. Duncum Brazos County, Texas Raymond Huff, Brazos County, Texas Larry Bossier, Brazos County, Texas B) 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. the full authority to designate. a successor. None. of the members of the Committee nor their designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time after five years, the then record owners ofthree-fourths (3/4) of the lots shall have the power, through a duly recorded instrument,. to change the membership of the p.,,.o ~ ,.~ Q 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. C) 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 quality of building, harmony of external design, and as to the location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any front lot line than the front of the dwelling unless similarly approved. D) Before any lot owner in the subdivision shall commence the erection or placing of any building, wall fence or other structure as referred 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 be in writing. 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, or in any event, plans having been submitted for approval, if no suit to enjoin the construction has been commenced. within thirty (30) days after the completion of the improvements, approval will not be required and the related covenants shall be deemed tto have been fully satisfied. E) The Architectural Control Committee is authorized to initiate any action necessary to enforce these restrictions: LAND USE AND BUILDING TYPE: All lots shall be used only for residential purposes. No.building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family.-dwelling not to exceed two and one-half stories inheight and garages or carports or other structures which supplement the dwelling., and use of which are compatible to the dwellings, such as fences, walls, pools, terraces, and similar landscaping features. 4. LOT SIZES: No building shall be erected or placed on any lot having a width less than feet at minimum building setback line or having an area less than 5,000 square feet. 5. DWELLING SIZE: 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 single family residential lots in Steeplechase Subdivision and trunimum dwelling sizes for such designated lots: Lots through in Block are designated single family residential lots and the minimum heated floor area shall be 1,400 square feet. n.,,.o ~ ,.~ Q The minimum heated floor area of all other lots shall be 1,200 square feet. 6. 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.. Eaves,. steps and uncovered porches are not a part of the building. 7. MATERIALS REQUIRED: The. main residential structures shall not have less than 51 of the exterior wall area of brick: or other masonry material which may include stucco, .concrete .plank material, or other fabricated masonry material. The Architectural Control Committee .may modify this requirement when the design and appearances proposed, are deemed to be of such nature as to be equallyattractive and permanent. 8. EASEMENTS: 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 adjacent lots except through such easements; 9. SLOPE CONTROL AREAS: Easements shown on the recorded plat are also .slope control areas. Within these slope control areas, no structure, fence, wall, 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. 10. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge or shrub planting which' obstructs sight lines at elevations between three and seven feet_above the roadways shall 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 the 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. 11. LANDSCAPE EASEMENTS: In order to provide for a continuity of uniform and attractive appearance at the entrances to Steeplechase Subdivision , a landscape easement is reserved at the corner of Navarro Drive and. Wellborn Highway (FM 2154) consisting of an area sufficient for brick columns with a wall between on concrete foundations on which will be placed the name of the subdivision. In order to provide for a continuity of uniform and attractive appearance from the rear of houses onBolero Court, Cortez Court, and Duranago Court a landscape easement is reserved along .the rear property line of Lots D.,..o '2 .+~ 4 through of Block consisting of an area sufficient for a wooden wall to be constructed atop a reinforced concrete beam with brick columns eight feet in height. It is specifically provided herein that no lot. owner on whose property theses easements exist may disturb or remove any of the improvements mentioned herein except for repairs as may be required to return said improvements to their original condition or for temporary access during construction of homes or improvements. No gate, opening or removable sections may be added or :placed in the existing fence for any purpose. It is further understood that the said- lot owners are responsible for maintaining the portion of the wall along the owner's rear lot line. Yard fencing that is constructed according to the herein described architectural restrictions may be placed immediately adjacent to the wall but shall not be connected to the wall. 12. MAINTENANCE OF ADJACENT PROPERTY ON CORNER LOTS: Rights of way granted to the City of College Station but on the owner's side of the curb line of dedicated streets will be maintained by the. owner of the adjacent lot on which the right of way exists. The property in the right-of--way adjoining them is to be preserved and maintained by the owners of these corner lots in .the same way that all property owners in the subdivision maintain any and all right-of. way property adjoining. their. lots. 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. 13. LOT ACCESS AND CURBCUTS: There shall be no other curb cuts or other vehicle access onto any lot in the subdivision except as maybe approved by the Architectural Control Committee on the site plan or on subsequently submitted plans. All such vehicle access to any lot shall be by paved' curb cuts and driveways and not over curbs or across grass and lawns. 14. MINIMUM LANDSCAPE REQUIREMENTS: All owners of lots must plant and maintain a nunimum of six (6) trees on each lot. All trees must have a minimum trunk size of one (l) inch diameter, measured at a point over twelve (12) inches above ground level where the trunk is of consistent.. size, and all trees must have a minimum height of six (6) feet measured from ground level. The total of the diameters of all six (6) or more trees must measure no less than ten (10) inches total. 15. TIl~IE REQUIREMENTS: In order to comply with the above landscape requirements, all required trees must be planted within six (6) months after the completion of the home built on the lot, or if no home is constructed on the lot then the trees must be planted within 12 months'of the .purchase of the lot: 16. ARCHITECTURAL CONTROL COMMITTEE APPROVAL: In order to be considered in compliance with. the above listed landscape requirements the lot and its landscaping, including all trees as to their type, size and placement, must be inspected and approved by D.,..a A .~~ 4 the Architectural Control Committee. The Committee has complete authority to approve what may consider to be variations or waivers in the above listed tree requirements at its discretion. 17. 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 neighbor. The Architectural Control Committee designated in Paragraph Two shall have the authority to decide what constitutes a nuisance to the neighborhood. 18. VEHICLES: No trucklarger than a 3/4 ton truck or van, boat, trailer, motor home, mobile home, house trailer, camper, camper-trailer, or recreational vehicle of any kind, may be kept in. front of any lot or on any lot unless it is kept inside the garage or yard areas. behind fences or walls and concealed from public view. No vehicle of any kind may be parked on lawn areas for. any reason where it is visible from the street. These restrictions shall not apply to any vehicles, machinery, or maintenance equipment temporarily. parked and used for'the construction, repair or maintenance of the subdivision or of any of the properties in .the subdivision... Passenger vehicles may. be parked on the street in front of lots for periods of time not to exceed. twelve (12) hours in any twenty- four (24) period. This restriction. is not to be construed to prohibit periodic overnight guests from parking on the street, but is to specifically. prohibit. residents from using the street as the usual overnight parking place for their vehicles. No major repair work, dismantling, disassembling or assembling of motor vehicles or .other machinery or equipment shall be permitted in or on any drive, street,.garage, carport or any part of any lot. 19. TEMPORARY STRUCTURES AND ANTENNAS: 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 permar<ently. No satellite antenna nor any satellite dish may be parked, erected or installed either permanently or temporarily on any lot except in backyard areas where it is concealed from: public view. 20. MOTORBIKES, MOTOR SCOOTERS: & GO-CARTS: No motorbikes, dirt-bikes, motor-scooters, go-carts, nor any two, three or tour=wheel "off road" vehicles, nor similar vehicles, whether licensed or unlicensed maybe operated by unlicensed operators on any lot or on any street in the subdivision. Furthermore, no motor vehicle that is operated either legally or illegally on the lots. or on the streets of the subdivision shall be permitted to make or emit any noxious or offensive noises, smells or fumes, nor to be operated in such a manner that may be or become a nuisance or an annoyance to the neighborhood or .the other property owners. 21. .OTHER BUILDINGS: No structure shall be moved onto any residential lot. 22. RENTALS: Renting to commercial businesses or allowing such to occupy the lot is prohibited. nom,.®c „F Q 23. 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 advertising the property for sale or rent, or signs used by a builder to advertise the property and/or lender having provided interim construction financing during the construction and sales period. 24. STORAGE OF MATERIALS: No building materials of any kind shall be placed or stored upon. any residential lot until the owner is ready to begin construction of improvements, and then such material shall be placed within the property lines of the lot. No building .materials, material scraps, stumps, trees, underbrush, or any refuse of any kind, shall be placed on any .other lots, .streets or easements, other than on the lot being improved. All such material, if not disposed of immediately, must remain on the property upon which the construction work is in progress, and at the completion of the such improvements, such material must be immediately removed from the property. 25. 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 or in any lot. No derrick or other structure designed for use in boring for oil or natural gas wells shall be erected, maintained or,permitted upon any lot. 26. ANIMALS, 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 (not to exceed three (3) adult animals) maybe kept providing that they are not kept, bred or maintained for any commercial purposes and further provided that the keeping of such household pets does not constitute a nuisance to the neighborhood. It is further required that such household pets' are confined to owners premises. The permitting of such household pets to freedom of access to other properties shall constitute a nuisance. Any pets causing any. sounds or odors that maybe detected on any of the other properties in the subdivision shall constitute a nuisance. 27. GARBAGE AND 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. No garbage' cans or refuse containers shall be placed or permitted to remain at the front of 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 garbage container shall be permitted if approved by the Architectural Control Committee. Except on days for collections as set out above, said cans or containers will be kept in a place that is not subject to public view. 28. 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 which time said covenants shall be automatically extended for successive periods. often (l0) years unless an instrument signed by three-fourths (3/4) of the owners of the lots has been recorded, agreeing to change said covenants in whole or in D.,..o ~ .oF 4 parts. It is understood that each owner of one or more lots shall be entitled to one vote for .each and every lot owned. 29. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity, by any owners of a lot in the subdivision, against any persons or person violating or attempting to violate. any covenant, either to restrain violation or to recover damages. 30. SEVERABILITY: 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 ~ day of 1998. ATTEST: BRAZOS TRIAD LAND PARTNERSHIl', LTD. Raymond Huff, Secretary John M. Duncum, President Brazos Land Development, -Ina Brazos Land Development, Inc. General Partner General Partner n.,,.o ~ ,.~ Q r ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, in and for said County, and State, on this day personally appeared known to me tube the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said BRAZOS LAND DEVELOPMENT, INC. AS GENERAL PARTNER OF BRAZOS TRIAD LAND DEVELOPMENT PARTNERSHIP, LTD., and that he executed the same as the act of such corporation for the .purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D:1998 Notary Public, Brazos County, Texas My Commission expires: Mildred Conrad n.,..o Q „F Q