VOL 815 PAGE 152 14745 DECLARARO Copy Midland County Clerk STATE OF TEXAS COUNTY OF MIDLAND AMENDED OF COVENANTS AND RESTRICTIONS RIARWOOD ADDITION, SECTION 3 MIDLAND, TEXAS Midland County Clerk Unofficial Copy WHEREAS BRIARWOOD JOINT VENTURE, a Texas joint venture composed of Dovecote, Inc., a Texas corporation, and Murphy & Rochester, Inc., a Texas corporation, is the owner of the following described property situated in the County of Midland, State of Texas, and being more particularly described as follows, to-wit: Lots 2, 3, 4, 5, 6, and 14, Lots 1, 2, 3, Lots 1, 6, 7 Lots 1, 9, 10, 11, 13 7 and 10, Block 4; 10, 11 and 12, Block 5; 5, 6, 7, 8, 9, 10, 11, 12, Midland County Clerk Unofficial Copy ' 25 ' 15, 16, 17, 18, 19, 20, 21, 22, 26 and 28, Block 6; 6, 7, 8, 9, Block 7; BRIARWOOD ADDITION, ECTION 3, an addition to the City of Midland, Midland County, Texas, according to the plat of record in Cabinet F, Page 23, Midland Count Plat Records, Midland, Texas.
THIS Declaration is made specifically subjidland County Clerk Unofficial Copy to all oil and gas leases, drillsite agreements, pipeline easements, restrictions and other instruments which might affect the property described herein, appearing of record in the Office of the County Clerk of Midland County, Texas.
WHEREAS, BRIARWOOD JOINT VENTURE, owner of the above described lots set forth, in addition to those covenants and restrictions set forth in the Dedications and Page 102, Deed Plat lots in BRIARWOOD Crictions recorded in Volume 815, of Midland County, Texas, affecting all ITION, SECTION 3, Midland County, Texas, to Midland County Clerk Unofficial copy which 'is hereby made, desires to impose on all lots the following covenants and restrictions.
1.
Except as hereinafter provided, no ] herwork Unofficial Copy
, to Midland County Clerk Unofficial copy which 'is hereby made, desires to impose on all lots the following covenants and restrictions.
1.
Except as hereinafter provided, no ] herwork Unofficial Copy hall be erected, structudland County altered, placed or permitted to remain on any building plot other than one detached single family dwelling not to exceed two stories in height and outbuildings used in connection therewith.
outbuildings shall include only a garage, either attached or Permissible and County Clerk Unofficial Copy and County Clerk Unofficial Copy .
detached, from WO VOL $15 PAGE 153.
or more cars, and/or servant's quarters detach Midland County Clerk, Unofficial Copy Cing, either of which may include a laundry room County Clerk Unofficial Copy laundry ilities to be used for the convenience of the occupants of the dwelling, but not as a public laundry; and/or, or buildings of a like nature used for Iren's play houses Mitionvenience and pleasure of the occupants of the dwelling%; except as herein set out, no other outbuildings may be located upon such building plot or premises.
2.
The following is hereby designated for use as an office and professional building lot: Paragraph 3 hereby amended Th Lot 3, Block 3 3.
original Dedications and Restrictions is follows: lots are hereby designated as single Midland County flowin py lots: Lots 2, 4, 5, 6, 7, 8 Midland County Clerk Unofficial Copy 9, 10, Lots 1, 2, 3, 4, 5, 7 and 10, Lots 1, 6, 7, 8, 9, 10, Lots 1, 2, 3, 4, 5, 6, 14, 15, 16, 17, 25, 26 and Lots 5, 6, 7, 8 4 and 14, Block 3 12, Block 5 9, 10, 11, 12, 13, 20, 21, 22, 23, 19 28, Block 6 and 9, Block 7 4.
Paragraph 4 of the original Dedications and Restrictions is hereby amended as follows: On the following lots, no single family dwelling shall contain
, 20, 21, 22, 23, 19 28, Block 6 and 9, Block 7 4.
Paragraph 4 of the original Dedications and Restrictions is hereby amended as follows: On the following lots, no single family dwelling shall contain less than 2,200 square feet of livable floor space per living unit, exclusive of open par in the case of one story structure, nort exclusive and garages, than 2,400 square feet of livable floor space open porches and garages in the case of one and story structures: Midland County Clerk Unofficial Copy Lot 2, Block 3 Lot 1, Block 6 On the following lots, no half single idland County Clerk Unofficial Copy Mily dwelling shall contain less than 2,400 square feet of livable floor space per living unit, exclusive of open porches and garages, in the case of one story structure, nor less than 2,600 square feet of livable floor space land County Clerk Unofficial Copy -2land County Clerk Unofficial Copy VOL 815 PAGE 154 exclusive of and two Cal Copy orches and garages in the case of one and one-hal Midland Countiestructures: Midland County Clerk Unofficial Copy Lots 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14 Lots 7 and 10, Block 4 Lots 2, 3 and 4, Block 6 On the following lots, no single family 3 ling shall contain less than 2,600 square feet of livable floor space per living unit, exclusive of open porches and garages, in the case of one story structure, nor less than 2,900 square feet of livable floor space exclusive of open porches and garages in the case of one and one-half and two story structures: Lots 8, 9 and 18, Block 6 On the following lots, less than 2,800 square exclusive of open structure, Clerk Unofficial Copy ingle family dwelling shall contain of livable floor space per living unit, Pches and garages, in the case of one story
lots, less than 2,800 square exclusive of open structure, Clerk Unofficial Copy ingle family dwelling shall contain of livable floor space per living unit, Pches and garages, in the case of one story Iess than 3,100 square feet of livable floor spa of open porches and garages in the case of one two story structures: Midlanclusiny Midland County Clerk Unofficial Copy Lots 1, 2, 3, 4 and 5, Block Lots 1, 6, 7, 8, 9, 10, 11 and Block 5 Lots 5 6 7, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 25, 26 and 28, Block 6 Lots 5, 6, 7, " 8, 9, Block 7 One-half All residences shall have a garage, either attached or detached, for two or more cars.
5.
All TV antennaes, TV satellite dishes or other TV reception installations shall be placed not be visible from the strictly prohibite back yard and Unofficial.Copy Midland County Clerk U No rear yard and side yard and shall Front yard installations are Ham Radio antennaes shall also be placed in the not exceed a height of 10 feet.
6.
single family residential structure shall be.
placed on any building plot which plot has an a ted or less than 7,200 square feet or a width of less than 50 feet at the front building setback line.
Clerk Unofficial Copy 7.
All residences shall be placed upon concrete foundations, and shall have exterior walls which shall be not less than 75% either and County Clerk Unofficial Copy -3 and County Clerk Unofficial Copy い brick, rock or Clerk, Unofficial Copy surfaces.
All ' VOL $15 PAGE 155 either solid or veneer. All exterior wood l be painted with not less than three coats of teriors shall be sealed.
Midland County 8.
Midland County Clerk Unofficial Copy No single family residential structure.
be located nearer than 15 feet nor further than 35 feet to the front lot line, nor
riors shall be sealed.
Midland County 8.
Midland County Clerk Unofficial Copy No single family residential structure.
be located nearer than 15 feet nor further than 35 feet to the front lot line, nor nearer than 5 feet to an interior lot line or nearer than 10 feet to a side street line.
9.
No residence, dwelling or other building may be moved from outside the addition onto any lot or lots in this addition, except that builders will be allowed to maintain temporary offices during the construction time No ' Midland County Clerk Unofficial Copy 10.
tent, shack, garage, barn or other outbuilding ilding Unofficial Copy din said addition shall at any time be used as a residence her temporarily or permanently nor shall any temporary character be used as a residence.
11.
of a Midland County No fence, wall or hedge shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line.
All rear yard areas shall be fenced. All fences shall be a minimum of six feet (6') in height and be constructed of cedar pickets and/or brick, rock or other type of masonry construction.
No composition shi constructed on resi of the dwells 12.
or tar and graveled roofs shall be lots except as to patio roofs in the rear Midland County Clerk Unofficial Copy 13.
The structure and grounds of each lot shall be neat and attractive manner at all times.
14.
Midland County Clerk Unofficial Copy ined in a No major automobile repairs shall be conducted within the residential areas of the subdivision nor shall any inoperative automobiles be allowed to remain within the residential areas of the subdivision so as to be in conflict with Paragraph 15 herein.
land County Clerk Unofficial Copy -4land County Clerk Unofficial Copy VOL B15 PAGE 156 No commer or 15.
hin the residential areas of the subdivision so as to be in conflict with Paragraph 15 herein.
land County Clerk Unofficial Copy -4land County Clerk Unofficial Copy VOL B15 PAGE 156 No commer or 15.
pursuit or trade of any character and no noxious Midland Clerk Unofficial Copy Ave activity shall be carried on upon any lot, nor anything be done thereon which may be or may becom the neighborhood, all lots being restricter Decand County Clerk Unofficial Copy only.
16.
annoyance to residential purposes No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and are not offensive to the enjoyment of the adjoining properties.
A shall be Unofficial Copy 17.
not less than 48 inches and adjoining the curb Distructed at the time each lot is improved.
Midland County Acted Also Midland County Clerk Unofficial Copy be constructed at the time each lot is improved, the property line to the garage; such driveway shal of solid concrete and/or 4-inch caliche base 18.
ways from constructed 1-inch asphalt top.
No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or signs used by the builder to advertise the property during the construction process and sales period, and the developer shall be entitled to a large subdivision sale sign.
No mobile homes.
boat shall be storage gar Clerk Unofficial Copy 19.
for home, recreational/living type vehicle or or stored within the subdivision unless such County Clerk Unofficial Copy an enclosed structure attached to the residence Such structure must be constructed of building
eational/living type vehicle or or stored within the subdivision unless such County Clerk Unofficial Copy an enclosed structure attached to the residence Such structure must be constructed of building comparable with the main residence.
Midland County other type of metal structures are 20.
Sheet iron, ay rial rhum, or any specificadohibited.
Easements for utility installation and maintenance are reserved in all lots affected thereby as shown on the recorded plat.
and County Clerk Unofficial Copy -5and County Clerk Unofficial Copy い Clerk Midland County official Copy 21.
VOL $15 PAGE 157 Clerk Unofficial Copy construction shall be in conformance with the sanitary codes of the City of Midland, Midland 22.
At such time that BRIARWOOD JOINT special restrictive covenant is a Courik!
lding and Texas.
ENTURE determines that a to protect the architectural integrity of the neighborhood, then any lot sold to another shall contain such special restriction in the contract of sale to the buyer and such special restriction shall also be placed in the warranty deed.
EXECUTED THIS 28th day of August Midland County Clerk Unofficial Copy Clark Mary Jo Clark, Secretary 1989.
BRIARWOOD JOINT VENTURE DOVECOTE, INC.
Michaud County Clerk Unofficial Copy His Rochester, President MURPHY & ROCHESTER, INC.
ATTEST: a Cunningham Saundra Saundra Cunningham, Secretary By Roy L. Allen, Exec. Vice Pres.
Midland County Clerk Unofficial Copy land County Clerk Unofficial Copy -6Midland County Clerk Unofficial Copy and County Clerk Unofficial Copy VOL $15 PAGE 158 Midland County Clerk Unofficial Copy STATE OF TEXAS X COUNTY OF ECTOR Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this August 28th day of 1989 by LOUIS ROCHESTER, President of Dovecote, Inc.,
l Copy STATE OF TEXAS X COUNTY OF ECTOR Midland County Clerk Unofficial Copy This instrument was acknowledged before me on this August 28th day of 1989 by LOUIS ROCHESTER, President of Dovecote, Inc., a Texas corporation, on behalf of the said corporation.
VIRGINIA SHRUM Notary Public. State of Texas My Commission Expires Dec. 29, 1991 Virginis Shrum Commission Expires: 12/29/91 Ecolerk Unofficial Copotary Public, State of Texas STATE OF TEXAS COUNTY OF Midland County gust instrument was acknowledged before me on this 28th Clerk Unofficial Copy of 1989 by ROY L. ALLEN, Executive Vice President of Murphy & Rochester, Inc., a Texas corporation, corporation.
TION VIRGINIA SHRUM Notary Public. State of Texas My Commission Expires Dec. 29, 1991 Virgin Miaounty C of the said Notary Public, State of Texas My Commission Expires: 12/29/91 Filed for Record Clerk Unofficial Copy Duly Recor Midland INSTRUMENT NO.
38 day of this the 28 day of 14745 August August Midland County Clerk Unofficial Copy _A.D.19 89 ROSENELLE a 'clock P.
COUNTY CLERK TEXAS Brandin Catara M.
M.
and County Clerk Unofficial Copy Deputy ] and County Clerk Unofficial Copy