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HomeMy WebLinkAboutTitle ReportSTATE OF TEXAS COUNTY OF BRAZOS ?. n 1? I If: 52 DECLARATION OF COVENANTS, CONDITION r RESERVATIONS AND RESTRICTIONSBr ` OF WILLOW RUN SUBDIVISION WHEREAS, WELLBORN ROAD LIMITED, a Texas Limited Partnership, the owner of all that certain tract of land in Brazos County, Texas, which tract is described as WILLOW RUN SUBDIVISION as per the plat of such subdivision recorded in Volume 2517, Page 179, Official Records of Brazos County, Texas; and WHEREAS, WELLBORN ROAD LIMITED desires to create and provide for the development and improvement and maintenance of said WILLOW RUN SUBDIVISION for the mutual benefit and pleasure of the present and future property owners in such Subdivision, and to protect the property values within such Subdivision by imposing upon and against all the designated lots therein the covenants, reservations. restrictions and other provisions hereinafter set forth; NOW THEREFORE, WELLBORN ROAD LIMITED does hereby make, adopt and establish the following reservations, restrictions, declarations, easements, limitations, charges, agreements, covenants, conditions and stipulations, each of which shall be applicable to WILLOW RUN SUBDIVISION according to the map or plat filed of record in the office of the County Clerk of Brazos County, Texas in Volume 2517, Page 179, Official Records of Brazos County, Texas. L DEFINITIONS The following . words when used in this instrument shall have the following meanings: A "Wellborn" shall mean Wellborn Road Limited, a Texas Limited Partnership, its successors and assigns. B. - " Subdivision" shall mean Willow Run Subdivision as per the plat recorded in Volume 2517, Page 179, Official Records of Brazos County, Texas. wsr/rs WaLowitumpsr 94-LSM 1 VOL X51 Baer 3.45 • a s. D C. 'Recording ate" shall mean the date upon which this document is filed of record with the County Clerk of Brazos County, Texas. D. MAL" or "Parcel" shall mean those plots of land shown on the map or plat of the Subdivision riled of record with the Clerk of Brazos County, Texas, with the exception of those plots of land designated as Reserve Tracts, and reservations herein after made, if any. F. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities of the fee simple title to any lot in the Subdivision, or any part or interest therein, but shall not mean or refer to any mortgagee, under any applicable theory of mortgage, unless and until such mortgagee has acquired legal title pursuant to foreclosure or any proceeding in lieu of foreclosure. The term "Owner" shall further include any person or entity claiming title to any lot or portion thereof by adverse possession, any person or entity leasing, renting or otherwise occupying any lot or pan thereof, and any person or entity claiming interest in a lot or pan thereof under a contract of sale. F. "Representative" shall mean a person, persons or entity designated in a document of record in the Official Records of Brazos County, Texas as the representative of Wellborn with the authority set forth herein and /or in said document. 11. A WELLBORN hereby dedicates to the Public a perpetual utility easement in, along, under, over, across, and through those areas on the plat of said subdivision designated for such easements, said plat being referred to in paragraph I.B. above. Utility companies shall have the right to construct, operate, maintain, inspect, reconstruct, multiply, change the size of and remove such utility lines and facilities (including without limitations of the generality thereof, water, sanitary sewer, storm sewer, drainage and gas pipes, mains, conductors and all appurtenances thereto and electric distribution and communication lines, wires, conduits, guy wires, poles, connections and all appurtenances thereto), as it or they may from time to time desire, together with the right of ingress and egress thereto. The width of the utility easements hereby reserved are as shown on said plat and shall extend below ground level sufficiently to accommodate utilities and extending upward to a plane twenty (20) feet above the ground. The 100' X 100' private access easements located adjacent to IGN Roaa6 on Lots 1 and 2 and Lots 3 and 4 are for the purpose of constructing away permitting access to said lots by the owners of said lots, their hei- 4 representatives, successors and assigns. NSt'/b WIUAWRUN.RSI' 41 -1566 ? is M. RESTRICTIONS For the purpose of creating and carrying out a uniform plan for the parcelling and sale of the Subdivision as a district set aside for residential homes and certain other uses accessory thereto, the following restrictions, including without limitation restrictions, covenants, declaration, easements, limitation, charges, agreements, and conditions (hereafter collectively called the "Restrictions"), are hereby established and adopted to apply uniformly to use, occupancy and conveyance of all the parcels in the Subdivision. Every contract, deed or conveyance which may be hereafter executed with regard to any of the property in the Subdivision shall be conclusively deemed to have been executed, delivered and accepted subject to the following Restrictions, even if the Restrictions are not set out in full and are not incorporated by reference in such contract of sale, deed, lease or other transfer of and interest in such parcel. A- BUILDING, CONSTRUCTION. A D USE gESTgIC71ONS 1. Except as herein otherwise provided, each parcel in the Subdivision (except possibly, a reserve area) shall be used only for non-commercial residential and recreational purposes. Only single family residential dwellings and appurtenances ordinary to residential living shall be permitted. All appurtenances shall also require the approval of the Representative (as defined in I.F. above). To this end, without limitation, the following structures may not be built on any parcel in the Residential portion of the Subdivision; hospitals, clinics, rest homes, duplex houses, apartment houses, garage apartments, mobile homes, hotels, or any retail, wholesale, or other business or commercial establishments of any kind. Notwithstanding the above, consulting or similar in-home business activities that have limited customer activity shall be allowed. The Representative shall have the right, and power to stop or restrict any such in-house business activity if the Representative determines in his sole discretion that the business or activity is detrimental to the Subdivision. 2. The authority of WELLBORN and/or the Representative, as stated in this Declaration, continues until such time as (1) WELLBORN ceases to own any of the lots subject to this Declaration, and (2) WELLBORN, in its sole discretion, notifies the lot owners and records in the Official Records of Brazos County, Texas a document terminating its authority and responsibilities in said Subdivision. Accordingly, each lot owner shall then have the right to enforce the restrictions in said Subdivision as provided by Texas law, to include formation of a Home Owners Association if so desired. 3. No residence shall be constructed on any parcel that has an underroof .living area, excluding porches, garages, patios and the like, of less than 2,250 square feeL WST/h WUA.0WRUN.RSr 94.150 3 va ?525 PA :r t-1. L 7 I& f. 4. Only one single family dwelling and appurtenances thereto such as garages, outbuildings, barns, stables and the like, may be placed or constructed # on each of the parcels as platted as of the recording date; provided, however. that one, and no more than one, single family dwelling and Its appurtenances may be placed or constructed within each subdivided lot as set forth in Article IV, hereof. S. No building or structure except fences may be located on any parcel nearer to the front of the property line than one hundred fifty (150) feet, or nearer to either side of the property line than fifty (50) feet or the back property line than fifty (50) feet. However, in no event will such set back lines be less than those set by governmental requirements. The front side of the parcel is that side which abuts a street. Parcels that abut on two streets shall be deemed to front on both streets. 6. No residential dwelling shall be built without a State of Texas or other required governmentally approved septic tank or other sewage disposal system that is so approved. 7. The color scheme, design, height, configuration and location of all structures including, but not limited to, residences, garages, barns, outbuildings, stables and the like located on a lot shall be similar in i appearance to - the principal residence located thereon and shall be composed of a minimum of twenty -five percent (25 %) masonry, and all outside construction of any Residence must be composed of at least seventy-five percent (75 %) masonry material. Approval to build may be denied if the Representative is of the opinion that such color scheme, design, height, configuration or location will be detrimental to the Subdivision or an adjoining lot or parcel. & Where lots are bordered by IGN Road, Wellborn reserves the right to construct, or require construction of, shared driveway access by adjacent lot owners. B. GENE RESTRICTIONS 1. No noxious or offensive trade or activity shall be carried on upon any parcel nor shall anything be done which may be or become any annoyance or nuisance to the Subdivision. 2 No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot within the Subdivision for commercial purposes. There will be no swine allowed on any parcel within the Subdivision. There will be no wild, exotic, or naturally undomesticated animals allowed to be caged or otherwise kept on any parcel within the Subdivision. All poultry must be caged and cannot be kept within fifty (50) feet of any property line and shall only be poultry being raised for school, 4-K FFA or similar projects. wSrro WntowauN.XW Scuts 4 0 Y0: 251? ) ^ A GS 3310 A. j 3. No part of the Subdivision shall be used or maintained as dumping grounds for rubbish. Trash, garbage or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 4. No act may performed which is likely to pollute the air or water in any part of the Subdivision, nor may any property owner violate any ordinance designed to eliminate pollution at that time in force whether it be State, County or City. 5. No firearms or fireworks may be discharged in the Subdivision or on any parcel, easements or common area. No hunting of any kind will be allowed. 6. No oil or.gas drilling, development, refining, quarrying or mining operations of any kind shall be permitted on the surface of any lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted on the surface of any lot. No derrick or other structures designed for use in boring or drilling for oil, natural gas, or other mineral shall be erected, maintained or permitted on any lot. This paragraph does not prohibit the pooling of all or part of the Subdivision with other property for drilling of horizontal or slant hole wells which do not interfere with the use of the surface of the Subdivision. IV. RE- SUBDIVISION Any lot may be resubdivided into smaller lots of not less than four (4) acres each. Each such subdivided lot shall be subject to the then existing regulations affecting subdivision in Brazos County, Texas, and subject to same restrictions as set forth in this document. V . WATER SERVICE The Subdivision is serviced by Wellborn Water Supply Corporation. Each Lot Owner shall be required to contract directly with Wellborn Water Supply Corporation. The cost of water, tap fees, membership fees, expansion reserve fees, installation fees, monthly use fees and meters shall be subject to the fee schedule of Wellborn Water Supply Corporation and paid by the Lot Owner. wsr/is wulowxtmnsr 94-IM 5 C IMI voL 25?r r F I 9 i, k � VI. 4 ' MISCELLANEOUS PROVISIONS 1. The foregoing Restrictions are adopted as part of and shall apply to each and every parcel in the Subdivision. Such Restrictions are equally for the benefit of all subsequent owners of parcels in WELLBORN and 1 accordingly, shall be covenants running with the land. Any owner or lienholder of any of the property or the Association shall have the power to prosecute in the appropriate court a suit at law or in equity to prevent any violation or attempted violation of the Restrictions and to recover damages for any violation or attempted violation including, but not limited to, reasonable attorney's fees; provided, however, that this clause shall not restrict any governmental agency from acting to enforce any of the Restrictions. 2. The term of the Restrictions shall be for a period from the riling of this instrument for record in Brazos County, Texas, until the 30th day of June, 2010, after which such date such Restrictions shall be automatically extended for successive periods of ten (10) years each, unless and until by instrument executed by the then record owners of a majority of the parcels in WELLBORN and duly recorded in Official Records of Brazos County, Texas, such Restrictions are altered, rescinded, modified or changed, in whole or in part. 3. Nothing contained in this document, nor any violation of any of the Restrictions shall have the effect of impairing or affecting the rights of any mortgagee or trustee under any mortgage or deed of trust outstanding against the subdivision or any portion thereof. I Zvi 1 4. Any and all rig hts, powers and reservations of WELLBORN herein contained may be assigned to any person, corporation or association which 4: will assume the duties pertaining to the particular rights, powers and �{ reservations assigned, and upon any such person, corporation or i association's evidencing its consent in writing to accept such assignment and i assume such duties, he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by WELLBORN, herein and WELLBORN shall thereafter be released from any future liabilities. The ;a term WELLBORN as used in this document includes all such assignees and their heirs, successors and assigns. ' j S. Every person who now or hereafter owns or acquires any right, title or 1.• interest in or to any property in the subdivision is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein, whether or not any reference WSr/kx Wn1,OWRUN.RSr 94-t%8 6 osu {il 1 4 1 ' •.... ' t . — . >�ywa:WafuirY.�f3.'utres4Y. .,. v. . .s .'. ..' ».i:..c .:_.:, � �, . . : .•� i::.� •..ate ..� . . a .. -.. , n to this declaration is contained in this instrument by which such person acquires an interest in the property. 6. WELLBORN reserves the right to make minor deviations from the terms of this document to the extent permissible by law and consistent.with the general plan for development as herein set out. 7. The invalidity, violation, abandonment, waiver of or failure to enforce any one or more of or any part of the provision of this document shall in no way effect or impair the remaining provisions or parts thereof which shall remain in full force and effect. & WELLBORN its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties thereby subjecting such additional lands to this Declaration, by filing of Record a Supplementary Declaration with respect to such additional property which shall extend the scheme of this Declaration to such property. The Association shall accept same to be owned and managed pursuant to the terms and conditions of this Declaration. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the exiting subdivision. Dated this the � day of _ , 1996. WELLBORN ROAD LIMITED, A TEXAS L' ITED PARTNERSHI By: Co enera7 Partner ('�Q�-V. BY! uv \ Leven an Riet Co- General Partner VOL 25,5 Mar <,N1 7 I0 i i } �3 STATE OF TEXAS 4 COUNTY OF TRAVIS This instrument was acknowledged before me on this the L I day of 2- 4 _, 1996 by Cary Troop, Jr., Co- General Partner of Wellborn Road 1.1titited, a T6as Limited Partnership, on behalf of said partnership. r Notary Yubli c, State of Texas My Commission Expires: DCI ail 19 99 NAIRN BRICE STATE OF TEXAS ¢ n A,brc, son a Teo COUNTY OF HARRIS $ This instrument was acknowledged before me on this the Z 6 T H day of I v v A K v , 1996 by Ueven J. Van Riet, Co-General Partner of Wellborn Road Limited, a Texas limited Partnership, on behalf of said partnership. n 1` �Mr James O. Crowe* 0 Notary Pubk otary Public, State of Texas ®� STATE OF TEXAS My Commission Expires: :::l r 4 OF F`° th c--. Ev 9 -12 -97 t � t Y. j VRAM W L0WR% ljW WO"