HomeMy WebLinkAbout2000 Amendment of Restrictive Covenants ri ;ad for Record ire:
BRAZOS COUNTY,
• On: Apr 05,2000 at 11:0641
As a
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AMENDMENT OF RESTRICTIVE COVENANTS Recordings
Dacwent Nuiber: 0712462
STATE OF TEXAS § amount 611.00
COUNTY OF BRAZOS § Receipt Nueber 143a9
§ AYE
,Marsha ,Massing, i i
• The undersigned, being the majority of the Owners of lots within the property subject to the
Restrictive Covenants of record in Volume 111, Page 197, Deed Records of Brazos County, Texas,
• •a copy of which is attached and incorporated herein as "Exhibit A" (hereinafter referred to as the
"Restrictive Covenants "); •
WHEREAS, Oakwood Realty Company of College Station imposed the Restrictive
Covenants upon Lot Nos. One and Two of Block No. Ten (10); Lot Nos. Seven (7) to Eleven (1 1).
. inclusive, in Block No. Nine (9); Lot Nos. One (1) to Eighteen (18), inclusive, in Block A; Lots One
- (1) to Eleven (1 1) inclusive, in Block B; Lot Nos. One (1) to Nineteen (19), inclusive, in Block C;
and Lots One (1) to ten (10) inclusive; in Block D of the Subdivision known as RESUBDI VISION
. • OF A PORTION OF COLLEGE PARK, COLLEGE STATION, TEXAS, a plat of record in Volume
. .107, Page 151, Deed Records of Brazos County, Texas, a copy of which is attached and incorporated
• herein as "Exhibit B" (hereinafter referred to as the "Property "):
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• WHEREAS, Restriction No. 2 restricting all strr Lures erected on any residential building
• plot within the Property to one single family dwelling and a one, two, or three car garage is in
conflict with the current existence of multiple structures on lots or building plots within the Property,
as well as with the City of College Station's (hereinafter referred to as the "City ") ownership and use
. of Lots 1 to 11 inclusive in Block B as a public park with structures that include a softball field.
backstop and bleachers;
WHEREAS, Restriction No. 3 requiring written approval of the external design and location
of improvements by the Neighborhood Committee, appointed or elected by the Owner or Owners
• of a majority of the Lots within the Property, has not, to the best knowledge of the undersigned, been
complied with by any Owner for many years and no Neighborhood Committee currently exists;
WHEREAS, Restriction No. 4 regarding front building line setbacks of twenty five feet •
(25') from all streets, as well as side and rearlot setbacks, are unnecessary as such restrictions are
adequately provided for by the zoning and development ordinances of the City and such restrictions
prohibit the City from making equitable variances in cases where hardship or change in circumstance .
is adequately demonstrated;
WHEREAS, Restriction No. 5 prohibiting the use of any garage or outbuilding erected
within the Property as a residence, has been violated in many instances;
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• WHEREAS, Restriction No. 6 imposing a frontage of at least seventy five feet (75') for each
individual building site conflicts with the subdivision plat of the Property of record at Volume 107,
. • Page 151. Deed Records of Brazos County. Texas which establishes fifty foot (50'). Tots. The 75 loot
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• • —building restriction effectively eliminates any use of a single lot within the Property, and has
perpetuated the creation of illegally subdivided tracts within the Property; furthermore such decd
restrictions are unnecessary as such restrictions are adequately provided for by the inning and
• development ordinances of the City and such restrictions prohibit the City from making equitable
variances in cases where hardship or change in circumstance is adequately demonstrated;
Wi IEREAS, Restriction No. 7 prohibiting occupancy by any person other than of the white
race, although unenforceable by law, is reprehensible and should not continue as a recorded
restriction on the Property;
WHEREAS, the existence of the Restrictive Covenants have resulted in disputes and
litigation between Owners within the Property;
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WHEREAS, Restriction Nos. 2, 3, 4, 5, 6, and 7, in the opinion of the undersigned, no
longer reflect a common scheme of development benefiting Owners of the Property;
WHEREAS, Restriction No. 9 provides that the Restrictive Covenants may be changed in
whole or in party by agreement of the majority of the then Owners of the Lots within the Property;
• and
WHEREAS, the undersigned constitutes a majority of the current Owners of the Property.
NOW, THEREFORE, the undersigned constituting a majority of the current Owners of the
Lots within the Property hereby amend the Restrictive Covenants by deleting Restrictive ('ovenants
• Nos. 2, 3, 4, 5, 6, and 7 in their entirety.
The undersigned further agree that this Amendment of Restrictive Covenants may be
executed by Owners in multiple counterparts and authorize Allison L. Nagle to combine signature
pages from the counterparts into one document for recording in the Deed Records or Official Public
• Records of Brazos County, Texas.
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