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HomeMy WebLinkAboutCollege Hills Estates Deed Restrictions BUILDING RESTRICTIONS, COLLEGE HILLS ESTATES ADDITION 1. Plans must be submitted to the Restrictions Committee, and the Com- mittee must approve or reject them in writing. 2. There can be only one dwelling per lot. 3. Single - family dwellings are required everywhere in the Addition except on Foster Avenue between Lincoln Avenue and Francis Drive, where multi - family dwellings are permitted. 4. Minimum square -foot floor areas required, exclusive of uncovered porches, terraces, detached garages, and other outbuildings, are as follows: On Walton Drive in First Installment, 1600 sq. ft.; in Third Install- ment, 2000 sq. ft. On Puryear Drive and James Parkway in First Installment, 1400 sq. ft. On Harrington and Francis Drives, 1200 sq. ft. On Foster and Milner in First and Second Installments, 1000 sq. ft. On Kyle Avenue in Third Installment, 1600 sq. ft. On Gilchrist, Brooks, Bolton, Puryear, Francis, James Parkway in Third Installment, 1200 sq. ft. On Gilchrist and Kyle in Fourth Installment, 800 sq. ft. On Foster, Milner, and Moss in Fourth Installment, 650 sq. ft. 5. A dwelling must face the street its lot faces. 6. A dwelling cannot be closer than 10 feet to side and rear property lines. 7. All outbuildings must be to the rear of the dwelling and cannot be closer than 10 feet to side and rear property lines. 8. Minimum front offsets required are as follows: Foster, First and Second Installments, 30 ft. Milner, First and Second Installments, 30 ft. Puryear, 30 ft. James Parkway, 30 ft. Gilchrist, Second and Third Installments, 4 0 ft. Francis, 40 ft. on East side, 30 ft. on West side. Bolton, 40 ft. Brooks, 40 ft. Walton, First Installment, as indicated in the Deed Plat; Third Installment, 40 ft. on South side, 50 ft. on North side. Kyle, Third Installment, 40 ft. on West side, 50 ft. on East side. Harrington, 30 ft. Fourth Installment, 25 ft. Dwellings on corner lots must observe the front offset required on both streets and so must outbuildings to the rear of the dwelling. 9. Only an unglazed porch of a dwelling can be closer to the front property line than the front offset specified for the dwelling. 10. No structure can be moved onto any lot or estate in the Addition unless it conforms to and is in harmony with similar structures in the Addition and has been approved by the Restrictions Committee. 11. New structures, conversions, remodelings, changes in the floor plan of a building must be approved by the Restrictions Committee. Volume 96 - page 500 -502 COUNTY OF BRAZOS X STATE OF TEXAS 4 Know all men by these presents: I, J. C. Culpepper, President of College Hills Estates Company, College Station, Texas, having heretofore dedicated the streets, alleys and passageways and subdivided according to a plot or map a portion of the land conveyed to my by Mrs. Minnie Dansby et al, by deed recorded in Volume 94, page 231, Deed Records of Brazos County, Texas, do here now impose and place the following restrictions upon the subdivision known as COLLEGE HILLS ESTATES, to- wit: FIRST: There shall not be erected on any one lot or estate, as such lot or estate may be prescribed or described or designated more than one private dwelling house and the necessary outhouses, except that on Foster Avenue, a multi - family dwelling may be erected, and said premises shall be used for private dwelling purposes only. And no race or nationality other than those for whom the premises are intended, shall use or occupy any dwelling on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality, employed by an owner or tenant. SECOND: No dwelling house or out building shall be erected on said lot or estate, excepting in accordance with plans and specifications which have been approved in writing by a committee of three, which committee shall be composed of the agent of the College Hills Estates Company, their successors or assigns, acting as chair- man, and two property owners elected by the majority votes of the owners of lots in said subdivision. Said committee shall be appointed when ten lots are sold in said subdivision. However, in the event that said committee is not in existence or fails to approve or disapprove such design or location within fifteen days after said plans and specifications have been submitted to them, ther such approval will not be required, provided the design and the location on the lot conform to and are in harmony with existing structures in said tract. Copy of said plans and specifications shall be filed with the chairman of said committee. THREE: on all estates fronting on Highway 6, no dwelling shall be erected unless it is a full two stories in height, and shall contain not less than eighteen hundred square feet of floor space, exclusive of porches, terraces and out buildings, whether attached or detached: On all other estates shown as subdivided on the map of dedication, either one story, story and one half, or two story dwellings may be erected. On all estates fronting on Walton Drive, no dwelling shall be erected which contain less than 1600 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all estates fronting on Puryear Drive and James Parkway no dwelling shall be erected which contains less than 1400 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all estates fronting Harrington Avenue and Francis Avenue no dwelling shall be erected which contains less than 1200 square feet of floor space, exclusive of uncovered porches, terraces detached garages and out buildings; on all estates fronting on Foster Avenue and Milner Dirve, no dwelling shall be erected which has less than 1000 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings. With the exception of roofs, all improvements of frame const- ructions or trimmings shall be painted with at least two coats of good house paint. No structure shall be moved onto any estate in this addition unless it conforms to and be in harmony with similar structures in the addition, and is approved by aforesaid committee. FOUR: The dwelling house as distinguished from the outhouses and servants quarters, shall face the street upon which the lots front, and no part thereof shall be nearer the front of the property than the building line designated on the plat of said addition, unglazed porches excepted. All other structures shall be to the rear of main dwelling except attached and semi - attached garages, and no structures shall be nearer than ten feet to the side line. FIVE: No garage, trailer, barn or other out houses erected in this addition shall be occupied by the owner, tenant, or anyone prior to the erection of the main building. SIX: When improvements are constructed on any lot or estate, the owner shall at the same time construct a sanitary septic tank of approved character, connecting same into the sewer mains as provided and maintain same in first class condition. SEVEN: No noxious or offensive trade shall be carried on upon said lot or estate, or shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. If the parties hereto or any of them or any of their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein before March 1, 1963, it shall be lawful for any other person or persons owning any other tract in said addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and restrictions and either prevent him or them from so doing or to recover damages or other dues of such violations. EIGHT: It is further stipulated and agreed that upon the breach of any of the foregoing conditions and covenants, within 25 years from the first of March, 1938, the title to said premises shall ipso facto and immediately revert to and vest in said grantors herein, their successors and assigns, and they or their successors or assigns, shall be entitled to immediate possession thereof, but such reversions shall not effect any mortgage, or other lien, which in good faith at that time may be existing upon said property or any improvements thereon. NINE: Each cnd every condition and covenant herein contained, shall terminate and be of no further effect after 25 years from the 1st day of March, 1938, provided: That at any time within one year before the expiration of said period, the then owners of a majority of the square foot area of said addition, may by written dec- laration sign and acknowledged by them, and recorded in the Deed Records of Brazos County, Texas, extend or amend said restrictions, conditions and covenants. (SEAL) COLLEGE HILLS ESTATES COMPANY by: J. C. Culpepper, President Volume 97, - page 128 -130 COUNTY OF BRAZOS 0 STATE OF TEXAS 0 WHEREAS, July 6, 1938, College Hills Estates Company acting by its Prsident, J. C. Culpepper, by Instrument recorded in Volume 96, page 500, of the Brazos County Deed Records, restricted the uses of all property conveyed by College Hills Estates Company to others and reference is hereby made to said instrument for particulars; and WHEREAS, in said restrictions there was an error made by inserting paragraph 8, which provided that a breach by any purchaser or his assigns of any of the conditions and covenants, set out in said restrictions within twenty five years from the first day of March, 1938, would cause the title to the premises to revert to grantors their successors and assigns, and WHEREAS, it is the desire of College Hills Estates Company to correct said error by striking out said paragraph 8, of said restrictions NOW THEREFORE, Know all men by these presents: That the College Hills Estates Company, acting herein by its President, J. C. Culpepper, and pursuant to an order of the Board of Directors of said Company, and for the purpose of correcting the restrictions previously filed, does hereby impose and place the following restric- tions upon the Subdivision known as College Hills Estates in lieu of the restric- tions above referred to: FIRST: There shall not be erected on any one lot or estate, as such lot or estate may be prescribed or described or designated, more than one private dwelling house and the necessary outhouse, except that on Foster Avenue, a multi - family dwelling may be erected, any said premises shall be used for private dwelling purposes only, and no race or nationality other than those for whom the premises are intended, shall use or occupy any dwelling on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality, employed by an owner or tenant. SECOND: No dwelling house or out building shall be erected on said lot or estate excepting in accordance with plans and specifications which have been approved in writing by a committee of three, which committee shall be composed of the agent of the College Hills Estates Company, their successors or assigns, acting as chairman, and two property owners elected by the majority voters of the owners of lots in said subdivision. Said Committee shall be appointed when ten lots are sold in Subdivision. However, in the event that said committee is not in existence or fails to approve or disapprove such design or location within fifteen days after said plans and spec- ifications have been submitted to them, then such approval will not be required, provided the design and the location on the lot conform to and are in harmony with existing structures in said tract. Copy of said plans and specifications shall be filed with the chairman of said committee. THIRD: On all estates fronting on Highway 6, no dwelling shall be erected unless it is a full two stories in height, and shall contain not less than eighteen hundred square feet of floor space, exclusive of porches, terraces and out buildings, whether attached or detached; on all other estates shown as subdivided on the map of dedication, either one story, story and one -half, or two story dwellings may be erected. On all estates fronting on Walton Drive, no dwelling shall be erected which contains less than 1600 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all estates fronting on Puryear Drive and James Parkway, no dwelling shall be erected which contains less than 1400 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all estates fronting Harrington Avenue and Franics Avenue no dwelling shall be erected which contains less than 1200 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all estates fronting on Foster Avenue and Milner, no dwelling shall be erected which contains less than 1000 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings. With the ex- ception of roofs, all improvements of frame constructions or trimmings shall be painted with at least two coats of good house paint. No structure shall be moved onto any estate in this addition, unless it conforms to and be in harmony with similar structures in the addition, and is approved by aforesaid committee. FOURTH: The dwelling house as distinguished from the outhouses and servants quarters, shall face the street upon which the lots front, and no part thereof shall be nearer the front of the property than the building line designated on the plat of said Addition, unglazed porches excepted. All other structures shall be to the rear of the main dwelling except attached and semi - attached garages, and no structure shall be nearer than ten feet to the side line. FIFTH: No garage, trailer, barn or other out houses, erected in this addition shall be occupied by the owner, tenant, or any one prior to the erection of the main dwelling. SIXTH: When improvements are constructed on any lot or estate, the owner shall at the same time, construct a sanitary septic tank of approved character, connecting same into the sewer mains as provided and maintain same in first class condition. SEVENTH: No noxious or offensive trade shall be carried on, upon said lot or estate, or shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood. If the parties hereto or any of them or any of their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein before March 1, 1963, it shall be lawful for any other person or persons owning any other tract in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and restrictions and either prevent him or them from so doing or to recover damages or other dues for such violations. EIGHTH: Each and every condition and covenant herein contained, shall terminate and be of no further effect after 25 years from the first day of March, 1938, provided: That at any time within one year before the expiration of said period, the then owners or a majority of the square foot area of said Addition, may by written declaration signed and acknowledged by them, and recorded in the Deed Records of Brazos County, Texas, extend or amend said restrictions, conditions and covenants. IN WITNESS WHEREOF, the College Hills Estates Company, has Caused this inst- rument to be signed by its President, J. C. Culpepper, and Corporate Seal hereto affixed on this 15th day September, 1938. COLLEGE HILLS ESTATES COMPANY by: J. C. Culpepper, President Volume 99 - page 158 -159 THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 Know all men by these presents: I, J. C. Culpepper, President of College Hills Estates Company, having heretofore dedicated the streets, alleys and passageways, and subdivided according to a plat or map, a portion of the land conveyed to me by Minnie Dansby, et al by deed recorded in Volume 94, page 231 Deed Records of Brazos County, Texas, and designated same as the Second Instal- lment of College Hills Estates, do here now impose and place the following restrictions upon the said sub- division, to -wit: The same restrictions as are imposed upon College Hills Estates, as recorded in Volume 96, page 500 of the Deed Reocrds of Brazos County, Texas, except that of Foster Avenue, there shall not be built or erected on any one lot as such lot is designated more than one private dwelling house and the necessary out houses, with the exception, that on lot one (1) of block nine (9) a multi - family dwelling may be erected. In Witness Whereof, the College Hills Estates Company, has caused this instrument to be signed by its President, J. C. Culpepper and its corporate seal hereto affixed on this 15th day of January, A.D., 1938. COLLEGE HILLS ESTATES COMPANY by: J. C. Culpepper, President Volume 100 - page 160 STATE OF TEXAS 0 COUNTY OF BRAZOS 0 Know all men by these presents: I, J. C. Culpepper, President of College Hills Estates, having heretofore dedicated the streets, alleys, and passageways, and subdivided according to a plot or map, a portion of the land conveyed to me by Minnie Dansby, et al, by deed recorded in Volume 94, page 231, Deed Records, of Brazos County, Texas, and designated same as the third installment of College Hills Estates, do here now impose and place the following restrictions upon the said subdivision, to -wit: The same restrictions as are imposed upon College Hills Estates as recorded in Volume 96, page 500 and Volume 99, page 499 of the Deed Reocrds of Brazos County, Texas except that all estates fronting on Walton Drive, no dwelling shall be erected which contains less than 2000 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings; on all Estate fronting on Kyle Avenue, no dwelling shall be erected which contains less than 1,600 square feet of floor space, exclusive of uncovered porches, terraces, detached garages, and out buildings; on all estates fronting on Gilchrist Avenue, Brooks Avenue, Bolton Avenue, Puryear Drive, Francis Drive and James Parkway, no dwelling shall be erected which contains less than 1,200 square feet of floor space, exclusive of uncovered porches, terraces, detached garages and out buildings. IN WITNESS WHEREOF, the College Hills Estates Company has caused this instru- ment to be signed by its President, J. C. Culpepper, and its corporate seal hereto affixed on this the 12th day of May A. D., 1939. COLLEGE HILLS ESTATES COMPANY by: J. C. Culpepper, President College Hills Estates Company 4 Revised Restrictions, Dated April 8, 1940, To 0 Filed April 9, 1940, Recorded in Volume 103, page 142, The Public 0 Deed Records of Brazos County, Texas THE STATE OF TEXAS 0 COUNTY OF BRAZOS 0 KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, on January 15, A.D. 1939, College Hills Estates Company, a corporation, acting by J. C. Culpepper, President, did by an instrument in writing impose upon Second Installment of College Hills Estates Subdivision in Brazos County, Texas, a plat of said subdivision being recorded in Volume 99, page 156, Deed Records of Brazos County, Texas, to which reference is here made, the same restrictions as are imposed upon College Hills Estates as are of record in Volume 96, page 500, of the Deed Records of Brazos County, Texas, except that on Foster Avenue, there shall not be built or erected on any one lot as such lot is designated more than one private dwelling house and the necessary outhouses with the exception that on lot 1, block 9 a multi - family dwelling may be erected, which said restrictions for Second Installment of College Hills Estates Subdivision are duly recorded in Volume 99, page 158, Deed Records of Brazos County, Texas, to which reference is here made; and WHEREAS, an error was made in the restrictions for Second Installment of College Hills Estates Subdivision hereinbefore set out in that through mistake the restrictions upon College Hills Estates recorded in Volume 96, page 500, Deed Records of Brazos County, Texas, were adopted and imposed upon said Second Installmmnt of College Hills Estates Subdivision, whereas it was intended to impose upon Second Installment of College Hills Estates Subdivision the revised restrictions imposed upon College Hills Estates Subdivision dated September 15, A.D. 1938, and recorded in Volume 98, page 128, Deed Records of Brazos County, Texas. NOW THEREFORE, College Hills Estates Company, a Corporation, acting herein by J. C. Culpepper, President of said Company, he being duly authorized and empowered to act herein, for said Company by resolution of the Board of Directors of said Company, duly passed by said Board of Directors on the 8th day of April, A.D. 1940, and recorded in Volume 1, page 29, of the Minutes of said Corporation to which resolution, reference is here made, does hereby in all things cancel and set aside the restrictions for Second Installment of College Hills Estates Sub- division, dated January 15, 1939, and recorded in Volume 99, page 158, Deed Records of Brazos County, Texas, and said College Hills Estates Company does hereby adopt, impose and place upon Second Installment of College Hills Estates Subdivision, in Brazos County, Texas, the same restrictions as are imposed upon College Hills Estates Subdivision as are set out in the Revised Restrictions for College Hills Estates Subdivision, dated September 15, 1938, and recorded in Volume 98, page 128, Deed Records of Brazos County, Texas, to which revised restrictions reference is heremade, as said revised restrictions are amended by amendments thereto dated March 2, 1939, and recorded in Volume 99, page 499, Deed Records of Brazos County, Texas, and dated August 11, 1939, recorded in Volume 100, page 537, Deed Records of Brazos County, Texas, except that on Foster Avenue, there shall not be built or erected on any one lot as such lot is designated more than one private dwelling house and the necessary outhouses with the exception that on lot 1, of block 9, a multi - family dwelling may be erected. In witness whereof, College Hills Estates Company has caused this instrument to be signed by J. C. Culpepper, President and its Corporate Seal hereto affixed this 8th day of April, 1940. (CORPORATE SEAL) COLLEGE HILLS ESTATES COMPANY ATTEST: BY: J. C. Culpepper, N. E. Boughton, President Secretary THE STATE OF TEXAS COUNTY OF BRAZOS 1 BEFORE ME, the undersigned authority, on this day personally appeared J. C. Culpepper, President of College Hills Estates Company and N. E. Boughton, Secretary of said Company, known to me to be the person and officers whose names are sub- scribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and as the act and deed of said Corporation and in the capacities therein stated. Given under my hand and seal of office, this 9th day of April, A.D. 1940. (SEAL) Ben D. Alexander, Notary Public, Brazos County, Texas Volume 104 - page 240 -244 COUNTY OF BRAZOS 0 STATE OF TEXAS 0 Know all men by these presents: That College Hills Estates Company, a corporation with it's principal office at College Station, Brazos County, Texas, having heretofore dedicated the streets, alleys, and passageways, and subdivided according to a plat or map a portion of the land conveyed to it by Minnie Dansby et al, by deed recorded in Volume 94, page 231, Deed Records of Brazos County, Texas, does hereby impose and place the following restrictions upon the sub - division known as the Fourth Installment of College Hills Estates, to -wit: FIRST: All lots in the tract shall be known and described as residential lots. No structures shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single family dwelling and necessary out houses. No person of any race other than the caucasian race shall use or occupy any building or any lot, except that this covenant shall not prevent occupancy by domestic servants of different race domiciled with an owner or tenant. SECOND: No building shall be erected, placed or altered on any building plot in this sub - division until the building plans, specifications and plot plan showing the location of such building have been approved in writing by a majority of a committee composed of Paul M. Durland; N. E. Boughton and 0. C. Hawley, or their authorized representative, for conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to property and building set back lines. In case of the death or removal from the community of any member or members of the said committee shall have the authority to approve or disapprove such design or location. If the aforesaid committee or their authorized representative fails to approve or disapprove such design or location within ten days after plans and specifications have been submitted to it, or if no suit to enjoin the erection of such building, or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required. Said committee or their representative shall act without compensation. Said committee shall act and serve until July 10, 1945, at which time the then recorded owners of a majority of the lots which are subject to these covenants, may designate in writing duly recorded among the land owners their authorized representative who thereafter shall have all the powers, subject to the same limitations, as were previously delegated herein to the aforesaid committee. THIRD: On all estates fronting on Gilchrist Avenue and Kyle Avenue, no dwelling shall be erected unless it contains not less than 800 square feet of floor space, exclusive of uncovered porches, terraces, and out buildings; and on all estates fronting on Foster Avenue; Milner Drive and Moss Avenue, no dwelling shall be erected which contains less than 650 square feet of floor space exclusive of uncovered porches, terraces and out buildings. It is understood and agreed that covered porches and a attached or semi - attached garages shall be considered as a part of the floor space requirements as herein provided, but such attached or semi - attached garages must be attached either by one wall, or more, or with a covered passageway; all improvements of frame construction or trimmings shall be painted with at least two coats of good house paint, and in case wood shingles are used the same shall be covered with at least one coat of shingle stain or paint. No structure shall be moved onto any estate in this addition unless it conforms to and be in harmony with similar structures in the addition and is approved by aforesaid committee. No house shall be constructed in said subdivision, the cost of which shall be less then $1750.00. FOURTH: The dwelling house as distinguished from the outhouses or servants quarters shall face the street upon which the estate or lots front and no part thereof shall . be nearer the front of the property nor nearer the side street line than the building line designated on the plat of said addition, unglazed porches excepted. All other structures shall be to the rear of the main dwelling, except attached or semi- attached garages, and no structures shall be nearer than ten feet to the side of said lot or estate, except that the said line restriction shall not apply to a detached garage or other out building located 75 feet or more from the front line of said lot. Dwellings on corner lots shall have a presentable frontage on all streets which the particular corner lot fronts. Where corner lots are of equal or nearly equal dimansions on two streets, or they are irregular shaped lots, the committee reserves the right to designate the direction in which said improvements shall face, and such decision will be made with the thought in mind of the best general appearance to that immediate section. FIFTH: No garage, trailer, barn or other out buildings erected in this addition shall be occupied by the owner, tenant or anyone prior to the erection of the main building. SIXTH: Until such time as a sanitary sewer system shall have been constructed to serve the Fourth Installment of College Hills Estates, a sewer disposal system constructed in accordance with the requirements of the State Health Department shall be installed to serve each dwelling. The effluent from septic tanks shall not be permitted to discharge into a stream, storm sewer, open ditch or drain unless it has been first passed through an abosrption field approved by the health authority. SEVENTH: No noxious or offensive trade shall be carried on upon any lot or estate, or shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. If the parties hereto or any of them or any of their heirs or assigns shall violate or attempt to violate any of the restrictions or covenants herein before January 1, 1956, it shall be lawful for any person or persons owning any tract in said Addition to prosecute any proceeding at law or equity against the person or persons violating or attempting to violate any such covenants and rest- rictions, and either prevent him or them from doing so or to recover damages or other dues for such violations. EIGHTH: These covenants are to run with the land and shall be binding on all the parties and all persons claiming under them until January 1, 1965, at which time said covenants shall be automatically extended for successive periods of ten years by a vote of the majority of the owners of the lots it is agreed to change the said covenants in whole or in part. NINTH: Invalidation of any one of these covenants by judgement or court order shall in no wise effect any of the other provisions which shall remain in full force and effect. TENTH: No residential structure shall be erected or placed on any building plot, which plot has an area of less than 6,000 square feet nor a width of less than 50 feet at the front building set -back line. ELEVENTH: An easement is reserved over the rear five feet of each lot or estate for utility installation and maintance. IN WITNESS WHEREOF, the College Hills Estates Company has caused these presents to be executed by its President, J. C. Culpepper attested by its Secretary, N. E. Boughton, and the impress of its Corporate Seal, at College Station, Texas, this 10th day of August, 1940.