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s' DECLARATION OF COVENANTS. CONDITIONS. AND RESTRICTIONS
a i THE STATE OF TEXAS ) •
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i. KNOW ALL MEN NT THESE PRESENTS:
j '• COUNTY OF BRAZOS ) "
r' j' THAT WHEREAS, John Ben Carrabba, herein after called the Declarant, is the • ` `
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s. owner of all that certain real property located in Brazos County, Texas, described in ,
a, , Exhibit "A", attached hereto and made a part hereof; and j ;,
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kpl. WHEREAS, the Declarant will convey the above described properties, subject
to certain protective covenants, conditions,restrictions, liens, and charges as
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2 hereinafter set forth;
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3,' .y5. NOW THEREFORE, it is hereby declared that all of the property described above r`-
1 a shall be held, sold, and conveyed subject to the following 71G eaaesaab, restrictions,
acovenants, and conditions, which are for the purpose of protecting the value and
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' desirability of, and which shall run with, the real property and shall be binding on
parties having all nay right, title, or interest in or to the above described property
r or any part thereof, and their heirs, successors, and assigns, and which easements,
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restrictions, covenants and conditions shall inure to the benefit of each owner thereof. 4- •
.i ARTICLE ONE
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�: r' DEFINITIONS
`' ¢� Owner _•4r-
1.1 "Owner" shall mean and refer to the record owner, w etbr- os nose persons or .:
': _ entities, of the fee simple title to anylot or
€ portion of a lot on which there is or ,
.' will be built a detached single family dwelling or commercial structure including • '..Tcommercial
contract sellers, but excluding those having such interest merely as security for the1. b
rt performance of an obligation. k;
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Properties •
1.2 "Properties" shall mean and refer to that certain real property herein described. ...$
Lot it
- '', li1.3 "Lot" shall mean and refer to that portion of any of the plots of land shown upon
the plat and subdivison map recorded in Volume 370, page 501, of the Deed Records of s'` ,'
1 Brazos County, Texas. No resubdivision of any lot shall contain less than two (2)
:f : acres of land, with the exception of non-residential lots.
FLED . "
4. At •4f0'ciock M '�
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1 JUL 1 91977
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FRANK BORISKIE
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110 NOT `r
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• COPYRIGHT P'
VOLL2 P iC'+Z - 14° • t SOUTNERN
NICROFILN
,'+ r ARTICLE TWO ~' ';i OP TEXAS
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Architectural Control Committee 11,
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2.1 Declarant shall designate and appoint.a .Architectural Control Committee consisting
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of bot less than three (3) qualified persons, which committee shall serve at the pleasure . ,. r
of the Declarant. The committee as now constituted shall be: i•
• 1. JOHN BEN CARRABBA ;'
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• 2. DAVID S. CAMBIA - ,' :4
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3. HERBERT J. THORN E
• Approval of Plans and Specifications r
2.2 No building, fence, wall or other structure shall be commenced, erected, placed.or '-
•'• maintained upon the Properties, nor shall any exterior addition to, or change or Altera• T: .1
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tion therein be made, nor shall any landscaping of any Lot or Lots be undertaken, until ,`i
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• the plans and specifications shoving the nature, kind, shape, height, materials, and '�;1t,
location of the saws shall have been submitted to and approved in writing by the 4
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Architectural Control Committee as to the harmony of external design and location in -,' f ;
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relation to surrounding structures and topography. �r'!_
Drainage f'
2.3 No building or structure shall be constructed on the property until provisions e k
have been made for drainage of surface water to an offsite area without draining across li
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adjacent property, with all drainage being into the street,road or natural drainage areas. ' e 2
Failure of Committee to Act
2.4 In the event that any plans and specifications are submitted to the Architectural '
Control Committee as provided herein, end such Committee shall fail either to approve • =,
or reject such plans and specifications for a period of 30 days following such sub- {.
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mission, approval by the Committee shall not be required, and full c�--".vnce with `L
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d this Article shall be deemed to have been bad. t--
ARTICLE THREE ;` .`
EXTERIOR MAINTENANCE :.
3.1 In the event an Owner of any Lot shall fail to maintain the premises and the
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improvements situated thereon in a neat and orderly manner, the Developer or the .
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Architectural Control Committee shall have the right, through its agents and employees, . .. Y.
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to enter upon said Lot and to repair, maintain, and restore the Lot and exterior of
a . the-buildings and any other improvements erected thereon, all at the expense of Owner. z "'s
ARTICLE FOUR r -,`'
USE RESTRICTIONS 1
. Type of Buildings Permitted
4 4.1 All Lots, EXCEPT Lot One (1), Block Three (3) and Lots One (1) through Eight (8),
of Block One (1), shall be used for residential purposes only, and no building shall be
erected, altered, placed, or permitted to remain on any such Lot other than one detached
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L• i, single family dwelling. The above excepted lots may be used for commercial purposes as3..4� '
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rt e herein set out.
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.E Minimum Floor Area and Exterior Walls fs
= 4.2 Any residence constructed on Lots Nine (9) through Twenty (20) in Block One (1) and ,�,.•
1 .v Lots One (1) through Seventeen (17) in Block Two (2) shall have a minimum hated area of c•..4
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j the main residence of 1750 square feet; and Lots Two (2) through Four (4) in Block Three
(3) shall have a minimum heated area of the main residence of 1450 square feet. 4
Setbacks
4.3 No building may be placed on a lot nearer than 45 feet from the front property line, 9
. 45 feet from any street, 23 feet from a side property line and 15 feet from a rear property A'
line. For the purpose of this convenant, eaves, steps and open porches shall not be • )'
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11 considered as a part of thr, buildini; provided, however, this shall not be construed to Al
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permit any portion of the building on any.Lot to encroach upon another lot. If two or
more Lots, or fractions thereof. are consolidated into a building site in conformity 11
with the provisions of Paragraph 4.4, these building setback provisions shall be applied ,;
to such resultant building site as if it were one original, platted Lot.
• Resubdivison or Consolidation
4.4 No residential lot shall be resubdivided in any fashion except that a Lot NAT be
al 4,a •subdivided or consolidated with other lots into building sites, with the privilege of . Q ;a•'
-. constructingimprovements aspermitted in Paragraphs 4.1, 4.2 and 4.3 hereof on each '. i `s. :
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• �1. resulting building site, provided that such subdiviaon or consolidation does not result •
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in an build a
� y ing site having an area of less then two (2) acres of land. Cammeseial lots. '
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as set out in Paragraph 4.1. hereof, may be resubdivided in any fashion without respect
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li to area. . ..
! aragraph 4 • f
14 4.5 Easements for the installation and maintenance of utilities and drainage facilities ;..�.
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are reserved as shown on the recorded plat. V- :
Noxious os Offensive Activities Prohibited <. t
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4.6 No noxious or offensive
activity shall be carried on upon any Lot, nor shall
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'anything be•done thereonwhich maybe or may become an annoyance or nuisance to the
4 neighborhood. ••
: ; �,,, <Prohibited Residential Uses
4.7 No structure of a temporary charactei;'trailer,,mgbils hose, basement, tent
shack, garage or other outbuilding shall be used on any Lot at anytime as a residence,
either temporarily or permanently. •
.Signs -
' 4.8 'No signs of any character shall be allowed on any,Lot except one sign of.not
- more than five square feet advertising the property for sale or rents provided,
' however, that Declarant and any other person or entity engaged in the construction
and sale of residences within the subdivision shall have the right, during the
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`" ''. construction and sales period, to construct and maintain such facilities as nay be -
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reasonably necessary or convenient for such construction and sale, including, but
'_ • not limited to, signs,gas, offices, storage areas, and model units. The entrance sign
to Deerfield Estates is excluded from these provisions and is and forever will be
:. considered a permanent marking. .
Rubbish, Trash and Garbage
,i 4.9 No part of the property shall ever be used for outside, unenclosed storage of '
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any type. The property shall be kept free and char of weeds, and tall grass such
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as will be in keeping with other property in the develojment. No Lot shall be used
or maintained as a dumping ground for rubbish or trash, and no garbage or other vats
- `:1 • shall be kept exgt in sanitary containers not readily visible from the street. All
'0 incinerators or other equipment for the storage and disposal of such materials shall
> be kept in a clean and sanitary condition.
.i Animal.
e 4.10 Dogs, cats, or other household pets may be '4.^t, provided they are not kept, bred,
or maintained for any commercial purpose. Swine and poultry are specifically excluded
ifrom all Lots. Large animals (horses, cows, sheep and goats) may be kept on any Lot
' provided the total number of animal units is not greater than the total acres in the Lot.
Livestock raised for youth projects (such as PFA and 4-H) may be granted variance from
these provisions subject to the prior approval of the Architectural Control Committee.
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Prohibited Activities
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4.11 No professional, business, or commercial activity to which the general public
wis'invited shall be conducted on any Lot herein designated for residential purposes.
=:`- ; On Lots designated for commercial purposes, no business, activity or pursuit shall be
, conducted which shall be a nuisance, an annoyance, or otherwise detrimental to the
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health, welfare, and quiet enjoyment of other property owners or occupants. If any
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t ', dispute shall arise under this provision, the determination of the Architectural Control r
Committee shall,be final and conclusive.
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'i: ARTICLE FIVE '`
K - GENERAL PROVISIONS `
Enforcement t At.
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5.1 The Declarant, or any Owner, shall have the right to enforce, by any proceeding T.
'�. at law or in e '
gaily. all restrictions, conditions, mad reservations now or Mreafter
:: imposed by the provisions of this Declaration. Failure to enforce any covenant or ; ''
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7•y restrictions herein contained shall in no event be deemed a waiver of the right N .
to do so thereafter.
Severability
5.2 Invalidation of any one of these covenants or restrictions by judgment or court 4 i
order shall in no way affect any other provision, and all other provisions shall
remain in full force and effect. +' 1"
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Duration and Amendment '
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5.3 The covenants, conditions, and restrictions of this Declaration shall run with
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and bind the land, and shall inure to the benefit of, and be enforceable by, the iii
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Declarant or the Owner of any Lot subject to this Declaration, and their respective
II legal representatives, heirs, successors, and assigns, and, unless amended as pro-
vided herein, shall be effective for a term of twenty-five (25) years frost the date
lithis Declaration is recorded, after which time said covenants, conditions, and restric- . .f#
tions shall be automatically extended for successive periods of ten (10) years, unless ,
changed by a majority of the owners, each voting one vote for each square foot of land
owned by him. The covenants, conditions, and restrictions of this Declaration may
be amended during the first twenty-five year period by an instrument signed by not
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less than 902 of the Lot Owners, each voting by his square foot ownership. During any 1
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- succeeding ten (10) year period, the covenants, conditions, and restrictions of this 3•t
4 Declaration may be amended duringany such ten (10) year period by .,
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y the last year of
<F an instrument signed by not less than 752 of the Lot Owners, voting as previously 'ill
:'_I set forth. No amendment shall be effective until recorded in the Deed Records of
'. "1 Brazos County, Texas, nor until the approval of any governmental regulatory body
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which is required shall have been obtained. i
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'RESTRICTED
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'MICROFILM
•
CO^Y
00 NOT
.: • DUPLICATE
COPYRIGHT
' 1982
SOUTHERN '
} '` MICROFILM;
^:�++ fr•y
� PAGE J _ OF TEXAS
INC.
E$CUZED by thaw said p.ciaraat thi the'. /`1 • day o= ' w <-.,2 • I .
• t� / 1977. • ,t :ac r f,,, ,V ,
•
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t • iJ==O__ BEN C.I PADRA, Declarant
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TBE STATE OF TEXAS ) S 1S'r
',..'7' ' . COUNTY OF BRAZOS ) • 3
• BEFORE NE, the undersigned, a Notary Public in and for said County and
State, on this day Personally appeared John Ben Carrabba, known to as to be the 1
person whose canes is subscribed to the foregoing icatrunent, sad ackaarlsdS.d
., to ai that he executed the sane ion the purposes and consideration therein r '
.
•
°: expressed. Gi V
i. CIVEN UNDER NT BAND AND'SEAL 07 OFFICE this tb. % day of M
s • �it1 • 1977. + ;..
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•+•)2•\... .# \ ;-41 • BRAZOS COUNTY, TEXAS. Q
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EXHIBIT "A" • I, g
(DEERFIELD ESTATES) 4
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All that certain tract or parcel of land lying and being situated
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in Brazos County, Texas, in the Maria Kegans League, and being.a part of 234.83 `
acres conveyed to John Ben Carrabba by Eugenia V. Jones by deed dated March 23, x ;
1977, recorded in Volume 369, page 830, Deed Records of Brazos County, Texas,
a.cae,
and beingmore ''
particularly described as the 234,26 acres set out and described
on the revised plat of Deerfield Estates recorded in Volume 376, page 779, Deed "
R11: Records of Brazos County, Texas,
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