FOURTH AMENDED AND RESTATED SUBDIVISION RESTRICTIONS AND RESERVATIONS

CHIMNEY HILL (LOTS 1-50)
COLLEGE STATION, BRAZOS COUNTY, TEXAS

STATE OF TEXAS
COUNTY OF BRAZOS

This is the Fourth Amended and Restated Subdivision Restrictions and Reservations of Chimney Hill (Lots 1-50) Subdivision (“this Amendment”), made and agreed to by a majority of the owners of lots within Chimney Hill Subdivision, effective the date of filing of this instrument.

FACTS

A. J.A.C. Developers, Inc. was the developer of the subdivision in Brazos County, Texas known as Chimney Hill Subdivision (“the Subdivision”) as recorded in Volume 476, Page 113, Deed Records, Brazos County, Texas.

B. Subdivision Restrictions and Reservations were filed as covenants running with the land within the Subdivision in Volume 482, Page 749, Deed Records, Brazos County, Texas; amended by First Amendment recorded in Volume 7165, Page 200, Deed Records, Brazos County, Texas; and by Second Amendment recorded in Volume 8620, Page 265, Official Records, Brazos County, Texas (“the Second Amendment”); and by Third Amendment recorded in Volume 11171, Page 185, Official Records, Brazos County, Texas (“the Restrictions”).

C. Supplemental to, and not in limitation of, the Restrictions, Declaration of Covenants and Conditions were filed as covenants running with the land within the Subdivision in Volume 495, Page 797, Deed Records, Brazos County, Texas, along with any amendments thereto (“the Declaration”).

D. When recorded, this Amendment fully restates, replaces, and supersedes the Restrictions.

E. This Amendment amends and restates only the Restrictions and is supplemental to, and not in limitation of, the Declaration.

F. All terms not defined herein shall be utilized with the same definitions provided in the Declaration.

The foregoing premises considered, in addition to the Declaration, it is hereby declared that (i) all of the property within the Subdivision shall be held, sold, conveyed and occupied subject to the following restrictions, covenants and conditions, which are for the purpose of preserving the value and desirability of, and which shall run with, the property within the Subdivision and shall be binding on all parties having any right, title, or interest in or to the property within the Subdivision or any part thereof, their heirs, successors, and assigns, and which shall inure to the benefit of each owner thereof; and (ii) each contract or deed that may hereafter be executed with regard to the property within the Subdivision or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following restrictions, covenants and conditions, regardless of whether or not the same are set out or referred to in said contract, or deed.

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RESTRICTIONS

1. LAND USE AND BUILDING TYPE

No lot shall be used for any purpose except residential. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling not to exceed two and one-half stories in height and a private garage or other structures which supplement the residence, and the use of which is compatible to the residence, such as fences, walls, pools, terraces, and similar landscaping features. Further, all garages must have automatic door opener/closers installed and functional. Open carports shall be allowed provided that they are constructed of decorative materials, are harmonious in design and are used exclusively for the storage of automobiles.

1.01 RESIDENTIAL USE

“Residential Use,” as that term is used herein, shall mean: 1.) only a use as the private, personal residence of persons who are within the first, second, or third degree of relationship (affinity or consanguinity), plus no more than 1 other person, or 2.) only a use as the private, personal residence of the fee simple owner(s) of a lot, or by persons who are children, grandchildren, parents, or a spouse of the fee simple owner(s); plus no more than 2 other persons. Any occupancy by persons not included within the list of persons named above shall be an impermissible use unless such use by all the particular occupants commenced before the date of the Second Amendment.

2. ARCHITECTURAL CONTROL

No improvement shall be begun, erected, placed, altered or permitted on any lot until the construction plans and specifications, and a plat showing the location of the proposed structure on the lot, have been approved by the Architectural Control Committee as to proposed quality of construction, harmony of external design, and location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Before anyone shall commence the erection or placing of any building, wall, fence or other structure whatsoever in the subdivision, such person shall apply in writing to the Architectural Control Committee for approval of such proposed structure and such application shall include the supporting documents referenced above.

The Architectural Control Committee’s approval or disapproval as required herein shall be in writing. If the Architectural Control Committee or its designated representative fails to give written approval or disapproval within thirty (30) days after plans and specifications have been submitted to it, or in the event no suit to enjoin the construction has been commenced prior to the completion of the improvements, approval will not be required and the related covenants shall be deemed to have been fully satisfied.

The Architectural Control Committee shall be composed of three (3) members of the Chimney Hill Improvement Association (the “Association”) selected by the Board of Directors of said Association. Succession on the Architectural Control Committee shall be as provided for in the First Amended Declaration of Covenants and Conditions of Chimney Hill (Lots 1-50), College Station, Brazos County, Texas.

3. LOT SIZES

No building shall be erected or placed on any lot having a width of less than 50 feet at minimum building setback line or having an area less than 7,500 square feet.

4. DWELLING SIZE AND CONSTRUCTION

The livable, heated area of each single story residential structure, exclusive of open porches, open terraces or garages shall not be less than two thousand (2,000) square feet. A minimum of one thousand (1,000) square feet on the ground floor for a multi-story residential structure shall apply and the total square footage minimum, as above defined, shall be two thousand two hundred (2,200) square feet.

5. BUILDING LOCATION

No building shall be located on any lot nearer to the front line or nearer to a side street than the minimum building setback line shown on the recorded plat. In any event, no building shall be located on a lot nearer than twenty-five (25) feet to the front lot line, or nearer than fifteen (15) feet to a side street line. No building shall be located nearer than seven and one-half (7-1/2) feet to any interior lot line. Eaves, steps, and driveways are not a part of the building.

6. MATERIAL REQUIRED

The residential structures shall have not less than fifty-one percent (51%) of the exterior wall areas of brick or other masonry material. The Architectural Control Committee may modify this requirement when the design and appearance, as proposed, are deemed to be of such a nature as to be equally attractive and permanent.

7. EASEMENTS

Easements for the installation and maintenance of utilities are reserved as shown and provided for on the recorded plat. Said easements are also reserved as drainage easements, as needed, to permit the egress of water from adjacent lots in the direction of the original natural slope of the land.

A. SLOPE CONTROL AREAS: Slope control areas are reserved and shown as utility and drainage easements. Within these slope control areas no structure, planting or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with established slope ratios, create erosion or sliding problems, or which may change the direction of flow of drainage channels or obstruct or retard the flow of water though drainage channels. The slope control areas of lots and all improvements in them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

B. SIGHT DISTANCE AT INTERSECTIONS: No structure, hedge, or shrub planting which obstructs sight lines at elevation between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property and a line connecting them at points twenty-five (25) feet from the intersections of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

8. NUISANCES

No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. The Architectural Control Committee designated in Paragraph Two shall have exclusive authority to determine what constitutes a nuisance to the neighborhood.

9. TEMPORARY STRUCTURES

No structure of a temporary character—basement, tent, shack, barn or other outbuilding—shall be placed on any lot at any time except during periods of construction and then only to the extent actually used in the construction process.

10. SIGNS

No signs of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) 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.

11. OIL AND MINING OPERATIONS

No oil drilling, oil development operations, oil refining, quarrying or mineral mining operations of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

12. LIVESTOCK AND POULTRY

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lots, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose and further provided that the keeping of such household pets does not constitute a nuisance to the neighborhood.

13. GARBAGE AND RECYCLING DISPOSAL

No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and such waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, sanitary condition.

A. Restrictions on Garbage and Recycling

At any time before or after the construction of improvements on a Lot or Unit, no refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse or debris of any kind shall be kept, stored or allowed to accumulate on any Lot or Unit except within an enclosed structure or appropriately screened from view, except that garbage and recycling containers (approved by the Association or the City of College Station) may be placed in a designated area for garbage and recycling pickup no earlier than 6 p.m. on the day preceding pickup of such garbage and recycling and shall be returned to an enclosed structure or an area appropriately screened from view no later than midnight on the day of pickup.

14. PARKING OF VEHICLES

Overnight parking of vehicles or trailers owned by or under the control of residents or owners in said subdivision is prohibited on the public streets within such subdivision. Further, campers, trailers, boats, motor homes, commercial trucks, etc. shall not be parked or stored on a regular basis in the driveway or other place open to public view in the subdivision.

A. Storage of Vehicles or Equipment

No motor vehicle (including, without limitation, commercial trucks and recreational vehicles) or non-motorized vehicle, boat, trailer, camper, marine craft, machinery or equipment of any kind may be parked or stored for longer than five (5) days or on a semi-permanent or daily basis on any part of any Lot or Unit, private or public road or street, easement, right-of-way, or Common Area unless such vehicle or object (i) is completely concealed from public view inside a garage or approved enclosure or (ii) is owned by an overnight guest of the Owner and such use does not extend for more than five (5) days. Notwithstanding the five (5) day parking restriction and guest parking exception, there shall be no overnight parking (between the hours of 12:00am and 6:00am) on any road or street. Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that are in operating condition, having current license plates and inspection stickers, and that are in regular use as motor vehicles on the streets and highways of the State of Texas are exempt from the five (5) day parking restriction only as it pertains to parking of vehicles on the driveway portion of any Lot or Unit. No vehicle shall be parked in a yard or in the street or along the side of a street so that it blocks the flow of traffic. No vehicle may be repaired on a Lot or Unit unless such vehicle is concealed inside a garage or other approved enclosure during the repair thereof, or the repairs are completed within 24 hours.

15. YARD, LOT, AND UNIT APPEARANCE

All Lots, including yards, sidewalks, and driveways, and Units shall be kept at all times in a neat, attractive, healthful and sanitary condition. The Owner or occupant of all Lots and Units shall keep all weeds and grass thereon cut and shall in no event use any Lot or Unit for storage of materials or equipment except for normal residential requirements or incident to construction of Improvements thereon as herein permitted, or permit the accumulation or burning of garbage, trash or rubbish of any kind. All sidewalks and driveways shall remain clear with the exception of approved motor vehicles in driveways. All clothes lines, yard equipment, woodpiles, landscaping materials, containers, or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of adjacent Units, streets, or other property.

A. Remedy for Default

In the event of any default by the Owner or other occupant of any Lot or Unit in observing the yard, lot, and unit appearance restrictions, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor, or any occupants of the Lot or Unit may trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit, to cut, or cause to be cut, such weeds and grass and remove, or cause to be removed, such garbage, trash and rubbish, so as to place said Lot or Unit in a neat, attractive, healthful and sanitary condition, and may charge the Owner or occupant of such Lot or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment.

B. Rainwater collection

Rainwater collection equipment shall be compliant with city ordinances, covered to hinder mosquito breeding, and kept screened so as to be concealed from street view.

16. FENCES

No chain link fence shall be permitted upon any lot and no fence of any type shall be permitted forward of the front lot set back line.

17. MAINTENANCE OF VACANT LOTS

Grass, vegetation and weeds on each lot shall be cut as often as may be necessary in order to maintain the same in a neat and attractive condition. If the owner of any lot fails to do so, the Architectural Control Committee shall have authority to secure such maintenance, and the owner shall be obligated to pay the cost of such work, which amount will become a lien on the property if not timely paid by the owner. Likewise, all drainage ditches shall be maintained in the same manner and shall be unobstructed at all times.

A. MAINTENANCE OF THE STRUCTURES

All structures located within the subdivision, including houses, garages, fences, gazebos, landscape-structures and outbuildings, shall be kept well maintained and in good repair. Each owner shall maintain structures on such owner’s lot in a clean and attractive condition and keep structures painted and in good repair. Roof surfaces shall be well maintained and capable of protecting structures from dilapidation and rot. Brick, stone and other masonry surfaces shall be maintained. The board of the Association, through its Architectural Committee, shall have the authority to establish policies and standards and to review and inspect properties within the subdivision, for the purpose of requiring owners to maintain structures within the subdivision in compliance with the provisions of this section by using any and all enforcement powers set out in the Restrictions or granted by law.

18. FIREARMS

The use or discharge of pistols, rifles, shot guns, air guns, or other firearms or fireworks is expressly prohibited on any part of the subdivision and hunting is prohibited.

19. TERM

These covenants and restrictions are to run with the land and shall be binding on all owners of lots in Chimney Hill, and all persons claiming under them for twenty-five (25) years after which time said covenants and restrictions shall be automatically extended for successive period of ten (10) years unless an instrument signed by a majority of the then owners of the lots is filed for recording the Brazos County, Texas, altering, rescinding or modifying said covenants and restrictions in whole or in part.

20. RIGHTS OF MORTGAGEES

Any violation of these easements, agreements, restrictions, reservations or covenants shall not have the effect of impairing or affecting the rights on any mortgagee, guarantor, or trustee under any mortgage or deed of trust outstanding against a lot, at the time that the easements, agreements, restrictions or covenants are violated.

21. ENFORCEMENT

The covenants, reservations, easements and restrictions set out herein are for the benefit of the undersigned, its successors and assigns, and for the benefit of any subsequent owner of any lot in Chimney Hill, and his heirs, executors, administrators, and assigns. Accordingly, all of the covenants, restrictions, easements and reservations contained herein shall be construed to be covenants running with the land, enforceable at law or equity, by any one or more of said parties.

21.01 Enforcement and Fines:

A. In the event of any violation by a lot owner in Chimney Hill of the Declarations and/or Restrictions, or any amendments thereto, the Board of Directors or an agent acting on its behalf shall first contact the owner or resident via phone, email, or personal contact to give notice of the violation. If the violation has not been cured within ten (10) days, then the Board of Directions or an agent acting on its behalf shall give certified written notice of the violation to the lot owner.

B. If the lot owner has not cured the violation within thirty (30) days after written notification from the Board of Directors, or commenced curing the violation within such time period and acts continually until cured thereafter, the Board of Directors shall levy a fine of $50.00 per day (or such other amount as provided below) against the lot owner until cured.

C. The total amount of any unpaid fines shall constitute an assessment against the lot owner, and the assessment lien created in the Declaration and/or Restrictions shall arise against the lot of the violating lot owner. Annually, on or before February 1 of each calendar year, the Board of Directors should establish the daily fine amount for the following calendar year. The Board of Directors may increase or decrease the daily fine amount, as the Board in its sole discretion deems appropriate.

D. Attorneys Fees and Costs of Court. In the event violations by a lot owner in Chimney Hill results in enforcement action that requires the Board of Directors acting on behalf of the Association or any lot owner to employ an attorney, whether by suit or otherwise, the attorneys fees incurred by the Association and any costs of court shall be recoverable by the Association from the violating lot owner in the event the Association prevails in such action.

22. SEVERABILITY

The invalidity, abandonment or waiver of any one of these covenants, reservations, easements and restrictions shall in no way affect or impair the other covenants, reservations, easements and restrictions which shall remain in full force and effect.

IN WITNESS WHEREOF, the Secretary of Chimney Hill Improvement Association, an owner of a lot within the Subdivision, personally states and attests to having obtained or coordinated the obtaining of all signatures set forth on Exhibit “A” attached hereto and made a part hereof, and hereby executes this Fourth Amended and Restated Subdivision Restrictions and Reservations of Chimney Hill (Lots 1-50) Subdivision as of this 19th day of July, 2017.

GRETA CLEARY, Secretary of Chimney Hill Improvement Association

STATE OF TEXAS
COUNTY OF BRAZOS

This instrument was acknowledged before me on the 19th day of July, 2017, by GRETA CLEARY, Secretary of Chimney Hill Improvement Association.

Cayla Campbell
Notary Public, State of Texas
My Commission Expires October 24, 2018

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Reproduced for convenience from the recorded instrument. The official document on file controls.