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Home My WebLink AboutProof of Corporation /5 _ • ( 3.71 _: 3 TONY JONES CONSTRUCTION COMPANY, INC. and W. A. McKBAN RESTRICTIONS TO F 1 L' E_ 80.38 ACRES, MORGAN RECTOR THE PUBLIC A� ' Ochc M LEAGUE, BRAZOS COUNTY, TEXAS t F E: i '.) 3 1 r, 1 :1i S U FI'ANK OORISKIi Cnu • in' .n Texas .. Ay. / 01.'41.'1 1 - ' Popery THE STATE OF TEXAS X ii - FATE RECORDED COUNTY OF BRAZOS 1 That, TONY JONES CONSTRUCTION COMPANY, INC and W. A. McKEAN, being the owners of that certain 80.38 acre tract of land in the Morgan Rector League, . said . tract consisting of a 30.46 acre tract described on Exhibit A attached hereto and a 49.92 acre tract described on Exhibit B attached hereto, both of such being incorporated herein for all purposes. That tract containing 49.92 acres shall be designated and platted as the SANDSTONE SUBDIVISION. The owners hereby elect to carry out a uniform plan for the development of the herein described 80.38 acre tract and do adopt and establish the following reservations, restrictions, covenants and easements which shall apply uniformly to all of such property. The use of the term "lot" herein shall also apply to an be indicative ,of any tract remaining unplatted into lots. LAND USE AND BUILDING TYPE No lot shall be used for any purpose except for residen- tial purposes unless prior specific written approval from the Architectural Control Committee is first obtained. 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 stories in height and a private garage or carport or other structure which supplements the residence, and the use of which is compatible to the residence, such as fences, walls, pools, terraces, and similar landscaping features. ARCHITECTURAL CONTROL �. No building or other improvements shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure or improvements have been approved by the Architectural Control Committee as to use, quality of workmanship and materials, color of brick, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The Architectural Control Committee is composed of three members whose names are: TONY JONES • •• SANDY JONES W. A. McKEAN 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. Neither the members of the Committee nor its representative shall be entitled to any compensation for services performed pursuant to this covenant. The herein granted powers and duties of the Architectural Control Committee shall cease and terminate twenty -five (25) years after • •,• TONY JONES CONS UCTION COMPANY, • INC, and W. A. McKEAN RESTRICTIONS CONTINUED: the date of this instrument, and approval required by this paragraph shall not be required unless, prior to said date and effective thereon, the then record owners of a majority of the lots subject . hereto shall execute and file for record an instrument appointing a representative or representatives, who shall thereafter exercise the same powers and duties granted herein to the Architectural Control Committee. 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, if no suit to enjoin improvements has been brought, approval will not be required • and the related covenants shall be deemed to have been fully satisfied. The deviations in building area and location in instances where, its judgment, such deviation will result in a more commonly beneficial use. Such approval must be granted in writing and when given will become a part of these restrictions. DWELLING SIZE AND CONSTRUCTION The heated area of each main residential structure, exclusive of open or screened porches, open terraces, and garages, shall not be less than 1,600 square feet, and a minimum of 1,500 • square feet of heated area on the ground floor for a one and one -half or two story residential structure. BUILDING LOCATION No building or fence shall be located on any lot nearer to the front lot line than 50 feet nor nearer to the side lot line than 25 feet nor nearer to the rear lot line than 25 feet. LOT AREA AND WIDTH No lot nor lots within the addition maybe resubdivided or in any way reduced in size without written permission of the Architectural Control Committee. NUISANCES No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood. TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, mobile home, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. SIGNS No signs of any kind shall, be displayed to the,public view on any lot except one sign of not more than five square feet advert the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. OIL AND MINING OPERATIONS • No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. rr • • • TONY JONES CONSTRUCTION COMPANY„' •INC'. and W. A. McKEAN • RESTRICTIONS CONTINUED: LIVESTOCK AND POULTRY ' No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that horses, cows or .sheep may be kept provided that no more than one animal may be kept for each one acre of land owned. Further, a maximum of two dogs and two cats (or similar household pets) may be . kept by each owner, provided that none are kept, bred or maintained for commercial purposes and such are controlled with respect to the rights and privacy of other owners. • GARBAGE AND REFUSE - DISPOSAL • No lot. shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall not be kept 1 except in sanitary containers. All equipment for storage or • disposal of such.material shall be kept in a clean and. sanitary • condition. WATER SUPPLY SEWAGE DISPOSAL I No water well shall be constructed or used on any lot, but each lot owner must use the water provided by State, County, Municipal or other government authorities.. Each: owner must construct and 'use a septic system which complies with all applicable governmental regulations as to construction and health- safety standards. TERMS • • • These covenants and restrictions are to run with the land and shall be binding on all owners, and all 'persons claiming under them for twenty -five (25) years, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of :the then owners of the lots if filed for record in Brazos County, Texas, altering, rescinding or modifying said covenants_ and restrictions in whole or in part. RIGHTS OF MORTGAGEES •• Any violation of any of these easements,. agreements, restrictions, reservations, or covenants contained herein shall not have the effect of impairing or affecting the right of any mortgagee; guarantor, or trustee under any mortgage or deed of trust outstanding against the lot, at the time that the easements, agreements, restrictions, reservations or covenants are violated. ENFORCEMENT • The covenants, reservations, easements and restrictions set out herein are for the benefit of the undersigned, their . heirs, successors, and assigns, and equally for the benefit • of any subsequent owner of any lot or lots and his heirs, executors, administrators and assigns. • SEVERABILITY The invalidity, abandonment or waiver of any one of these covenants, reservations, easements and restriction shall in no wise affect or impair the other covenants, reservations, • easements and restrictions which shall remain in full force and of fect . • • • • • • • • TONY JONES CONSTRUCTION COMPANY, INC.• and W. A. McKEAN RESTRICTIONS CONTINUED: • WITNESS OUR HANDS this • a� day of February, 1978. ATTEST: TONY JON VCONS ON COMPANY, INC. L tot BY: AmOILA.e T■T J.ne.: ,esident 41/1_./ ".. . McK AN THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Tony Jones, President known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said TONY JONES CONSTRUCTION COMPANY, INC. a corporation, 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 the • 02,/ y� Ery ` i.February, A.D. 1978. m' ataxy Public in and for Brazos 73% County, Texas T'- J * . ;T c rfX THE STATE OF TEXAS • COUNTY OF BRAZOS : BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared W. A. McKEAN 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .Z day,. of February, A.D. 1978. . Notary Public in and for Brazos County, Texas Yom.. ' `. . ns TEX..S • 391 ��; `� ^ 590 EXHIBIT A Being all that certain 30.46 acre tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Brazos County, Texas, and being a portion of a 125.9 acre tract conveyed to Tom Sebesta by Mary Sebesta by partition deed ,as recorded in Volume T, Page 177, Probate Records of Brazos County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod set in the southeast right -of -way line of a county road known as Sebesta Road, said point also lying in the most westerly line of the aforesaid Sebesta 125.9 acre tract _ THENCE S 44 32' 07" E for a distance of 1620.06 feet to an iron rod for corner; • THENCE.N 45° 00' 00" E for a distance of. 725.00 feet to an iron rod for corner; THENCE N 37 52' 29" W for a distance of 1629.97 feet to an iron ,rod for corner; said corner also lying in the'southeast right -of -way line of a county road commonly known as Sebesta Road; THENCE S 45° 09' 52" W along the southeast right -of -way line 0 • of. Sebesta Road, for a distance of 914.04 feet to the PLACE OF BEGINNING, and containing 30.46 acres of land, more . or less, . as surveyed by Jerry Bishop, Registered Professional Engineer No. 37426 in May, 1977. • • ■ • • • r 110 . .. EXHIBIT B Being all that certain 49.92 acre tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Brazos County, Texas, . and being a portion of a 125.9 acre tract conveyed to Tom Sebesta by Mary Sebesta by partition deed as recorded in Volume T, page 177, Probate Records of Brazos County, Texas, and being more particularly described by metes and bounds as ' follows:. BEGINNING at an iron rod set in the southeast right -of -way line of a county road known as Sebesta Road, said point lying in the most westerly line of the Claude J. Burgin 106.75 acre tract and being the north corner of the herein described tract; THENCE along the southeast right -of -way line of Sebesta Road for the following calls: S 46° 19' 32" W for a distance of 483.68 feet to angle point; S 86° 05' 08" W for a distance of 17.90 feet to an angle point; S 45° 05' 39" W for a distance of 268.67 feet to angle point; S 24° 09.'. 39" W for a distance of 36.64 feet to an iron rod for corner; THENCE S 37° 52' 29" E for a distance Of 1629.97 feet to an iron for corner; THENCE N 45° 00' 00" E for a distance of 2100.98 feet to an iron rod for corner; • THENCE N 85° 40' 38" W for a distance of 1493.04 feet to an iron rod for corner; THENCE N 77 08' 56" W for a distance of 97.41 feet to an iron rod for corner; THENCE N 55 39' 47" W for a distance of 399.13 feet to the PLACE OF BEGINNING, and containing 49.92 acres of land, more or less, as surveyed by Jerry Bishop, Registered Professional Engineer No. 37426 in May, 1977. • • • ,