HomeMy WebLinkAboutDeed Restrictions c - • sue-1 17)-7`".e r, r
TONY JONES CONSTRUCTION
COMPANY, INC. and W. A. McKEAN RESTRICTIONS
TO F E p 80.38 ACRES, MORGAN RECTOR
AL O'Clock-.e M
THE PUBLIC LEAGUE, BRAZOS COUNTY, TEXAS
r,
Ff�:�: ? 3 1r . c
1 86
MINK OORISKI;.
tau . in$ • .n Texas by / !/. 4 / I - ' Deputy
THE STATE OF TEXAS X Q2 (( -�
S ATE RECORDED
COUNTY OF BRAZOS X
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 1 -.
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.
� i.
Ye ° .cs, a 8..sass.�a�s. .• ..ti
TONY JONES CONS RUCTION COMPANY,
410
INC. and W. A. McKEAN RESTRICTIONS: CONTINUED;
+ T •8 q ( I 3
y S s' : 9 { �vw3Ue�Aw <x'u4 i 3L. ! S.° "Ca5 "1
^ff'' w , it r �*._ S .�
4,4„.a • a` t
• *�"' The Committee's approval or disapproval
as requi :` °' -in, shall be in writing. If the Committee,
or its designated representative fails to give written approval
or have thirty (30) days after plans and specifications
v submitted tted 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 J
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 may be 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 advertising 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.
yr
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 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
except in sanitary containers. All equipment for storage or
disposal of such material shall be kept in a clean and sanitary
condition.
WATER SUPPLY F, SEWAGE DISPOSAL
No water well shall be constructed or used on any i
lot, but each lot owner must use the water provided by State,
County, Municipal or other government authorities.. Each owner I ,
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 i.
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,
adminjstrators 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 effect.
•
TONY JONES CONSTRUCTION COMPANY,
INC, and W. A. McKEAN RESTRICTIONS CONTINUED:
WITNESS OUR HANDS this ,;(.Z day of February, 1978.
ATTEST:. TONY JON '/'CONS ON COMPANY, INC.
n
n l l M n-> \ BY: /�, }. ' ' F
TAIr J. ,/
411 140
A
". Mc.( •` . .
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•te 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. a
• try •ot" bruary, A.D. 1978.
( 1211.4,,tc( •
CO c Notary Public in and for Brazos
73% County, Texas
`. As
'
.. tir 1 .• y .
TH &••S•TATE 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 _ .2
day,. of February, A.D. 1978.
• `c;; Notary Public in and for
Brazos County, Texas
t:0 : - •
• 01 39/ 89
_
/
• t,
0= 391 5 0
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 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
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.
0
•
•
410 •
• 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 'rod for corner;
THENCE N 45 00' 00" E for a distance of 2100.98 feet io 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.
• , •
■
-1
• C"-•‘
4 44
•
•
•
•
•
•
•
'•• •••2
•
•