COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS
============= BLANCO VISTA ESTATES ==============
STATE OF TEXAS
COUNTY OF BLANCO
WHEREAS, JAMES C. BOHLS, his successors or assigns (the "DECLARANT")
being the Owner of the following-described real property lying and being situated
in the County of Blanco and the State of Texas and being more particularly described
as follows, to-wit:
BLANCO VISTA ESTATES, a subdivision in Blanco County, Texas, as shown by plat recorded
in Book 1, Page(s) 233-235 , Plat Records of Blanco County, Texas, to which
references here made, (the "Subdivision");
for the purpose of carrying out a uniform plan for the development of a quality residential
neighborhood, does hereby make, declare, adopt and impose upon the above-described
real property the following covenants, conditions, easements, restrictions, and limitations,
which shall apply to and become a part of all legal instruments whereby title or
possession to any lot in said subdivision is hereafter conveyed or transferred, such
covenants, conditions, easements, restrictions, and limitations to run with the land
and to be binding upon and inure to the benefit of all parties, now or hereafter,
owning or using the above-described property or any portion thereof, their heirs,
executors, administrators, successors, and assigns.
1. Residential Use: All lots within
the Subdivision are hereby restricted exclusively to single-family residential use.
No structures shall be erected, placed or maintained on any lot other than a conventional
on-site constructed single-family residence with such accessory structures and buildings
as a shed, garage, cabana, guest house and/or servant's quarters. Not more
than one detached single-family residence may be erected on a lot. The term
"conventional on-site constructed single-family residence" shall exclude
specifically mobile homes, double-wide mobile homes, house trailers, modular homes,
manufactured homes, move-on homes, and recreational vehicles.
No lot shall ever be
used for a business or commercial purpose or for carrying on a trade or profession.
Provided, however, "Home Occupations" shall be permitted on the lot(s)
in compliance with the following limitations:
a. The Home Occupation shall be conducted entirely
within a Single-Family Residence which is the bona fide residence of the practitioner(s).
b. No person other than a family member who
resides in the Single-Family Residence shall participate in the Home Occupation on
c. The residential character of the lot(s) and
Single-Family Residence shall be maintained. No additional buildings shall
be added on the property to accommodate the Home Occupation.
d. The Home Occupation shall not generate customer
related vehicular traffic in excess of five (5) vehicles per twenty-four (24) hour
e. No equipment or materials associated with
the Home Occupation shall be displayed or stored where visible from neighboring property
or from any street.
f. The Home Occupation shall not produce external
noise, vibration, smoke, dusk, odor, heat, glare, fumes, electrical interference
outside the Single-Family Residence.
g. No vehicle used in connection with the Home
Occupation which required a commercial driver's license to operate shall be parked
on the lot(s) or any street adjacent to the lot(s).
h. The Home Occupation shall not be advertised
by any signs on the lot(s), nor shall the street address of the Home Occupation be
advertised through signs, television, radio, or newspapers.
As used in this Declaration,
the term "lot" refers to any numbered plot of land shown upon a recorded
plat of any portion of the Subdivision and to any smaller parcel(s) into which such
lot may be divided in the future in accordance with the terms hereof.
2. Size and Specifications:
Each dwelling shall not be less than 1,600 square feet of heated and air-conditioned
space, exclusive of basement, garage, carport, and porches. In the case of
multi- story dwellings the minimum size shall be 1,900 square feet with not less
than 1,000 square feet of heated and air-conditioned space in the first floor.
All residences must
have, at a minimum, an enclosed two-car garage either attached to or detached from
the residence. All garages, parking pads, or carport are subject to other
building set-back requirements. If any portion of a carport is visible from
any street, the street side must be a solid masonry wall to match the exterior of
At least 50% of the total
exterior of any residence must be masonry which includes but is not limited to rock,
brick or stucco. Log homes are permitted and are exempt from masonry requirements.
Any masonry siding, such as masonry Hardi Plank, or similar product does not comply
with this masonry requirement. This masonry requirement may be deviated from,
at the Architectural Control Committee's discretion, when a residence exceeds 3,000
3. Driveways: All driveways must
be either gravel, road base material, caliche, crushed limestone or other similar
materials. That portion of the driveway extending from the property line to
the paved surface of any public road must be asphalt or concrete. The driveway
must be completed before occupying the residence.
Drainage structures under private
driveways shall be constructed to Texas Department of Transportation (TxDOT) and/or
Blanco County specifications. Drainage pipe, if required, shall have a diameter
of not less than eighteen inches (18").
4. Quality Workmanship: All improvements
and structures including but not limited to homes, garages, barns, fences, sheds,
storage buildings, and other improvements shall be constructed of quality material
and in a workmanlike manner. Barns are not subject to the masonry requirement,
but must be approved in advance by the A.C.C. Such improvements shall be maintained
and situated so that their appearance will not be detrimental to the subdivision
as a whole. All improvements shall be kept weatherproofed by painting or such
other method as may be necessary and appropriate, and none of the improvements shall
be allowed to deteriorate to the detriment of the neighborhood as a whole.
5. Storage of Materials and Personal Belongings:
No materials or personal belongings of any kind shall be placed upon any lot except
within a garage, storage shed, or other comparable enclosed structure. Any
building and construction materials must be removed within thirty (30) days of completion
of the structure.
6. Setback Requirements: The single-family
residence, garage, carport, or other residential building of any kind shall have
a building setback line according to the following schedule:
1 - 4 & 14 - 18
U.S. HIGHWAY 281
4 - 14
a. The single-family residence,
garage, carport, or other residential building(s) of any kind shall not be located
nearer than 20 feet to any other side or rear property line. All storage buildings,
barns, sheds, and any other enclosures, or any other items used for any purpose must
also be behind the building setback lines and shall not be nearer than 20 feet from
the side property lines. The above must be approved in advance by the Architectural
Control Committee. The existing approximately 30' x 180' metal pole barn located
on Lot 4 is exempt from the building set-back lines however, no further improvements
can be made to the pole barn causing it to become closer to the future right-of-way.
7. Easements: Easements are hereby
reserved and dedicated over and across a twenty foot (20') strip along front and
ten foot (10') along each side and rear lot line for the purpose of installing, maintaining
and repairing, electric power, gas, telephone, water, cable, community mailbox station,
drainage and/or any other similar utility lines, facilities, and services for the
lots in the Subdivision. The easements reserved and dedicated hereby shall
be for the general benefit of the Subdivision. These easements shall inure
to the benefit of, and may be used by, any public or private utility company entering
into and upon the Property for such purposes, without the necessity of any further
grant of such easement rights to such utility companies. Any lot owner installing
a fence or other improvement within the area encumbered by the easement does so at
his own risk. If two or more lots are consolidated into a building site in
conformity with the provisions of paragraph nine, these easement provisions and the
setback provisions in paragraph six shall be applied to such resultant building site
as if it were one original platted lot.
8. Platted Easements: In addition
to those set forth in this Declaration, each lot shall be subject to all easements,
set-back lines, covenants and restrictions set forth on the recorded plat covering
that particular lot.
9. Restriction on Further Subdivision:
There shall be no dividing, subdividing, or resubdividing allowed of any of the lots
in this subdivision into any lots or tracts less than five (5) acres in size.
Any person owning two or more adjoining lots may consolidate such lots into a single
building site. Not withstanding anything else herein to the contrary, Declarant
hereby reserves the right to subdivide any lot(s) it may own into resulting lots
of not less than two(2) and one-half (2 1/2) acres each.
10. Sewerage and Water Wells: No
means of sewerage disposal may be installed, used or maintained except a septic system,
or a similar or improved means of sanitary sewerage disposal, which meets the requirements
of and is approved by all governmental authorities having jurisdiction thereof.
No residence placed upon a lot shall be used until sanitary sewerage disposal facilities
complying with this paragraph have been completely built and approved by the governmental
authority. Water Wells must also meet the requirements of and be approved by
all governmental authorities having jurisdiction thereof. This includes, but
is not limited to, the maintenance of a 150 foot sanitary control easement
around any water well. No septic system is allowed within anysanitary control easement.
The location of
the septic system and water well must be approved by the Committee in advance.
The Committee has the right to change the proposed locations of septics and wells
to meet governmental requirements or to minimize the encumbrance of sanitary easements
on adjoining lots.
11. Draining Structures, Ditches, and Stock
Tanks: Drainage structures under private driveways shall be constructed
to Blanco County specifications, if any, so as not to block the flow of water and
must be constructed before any residence or other structure may be placed on the
lot. Such structures, where needed, are to be installed at the expense of Buyer.
Natural drainage and stock tanks shall not be altered, constructed, or changed without
prior written approval from the A.C.C. and appropriate government agencies.
12. Trash Disposal: No lot shall
ever be used for outside, unenclosed storage of any items or materials whatsoever,
nor shall any lot or part hereof be used or maintained as a dumping ground for rubbish
or debris or junk. Trash, garbage or other wastes shall not be permitted except
in sanitary containers. All incinerators or cans or other equipment for the
storage or disposal of such materials shall be kept in a clean and sanitary condition
and behind lot improvements so they are not visible from any street. Cut or
trimmed brush must be disposed of within 30 days of cutting.
13. Nuisances: No noxious, offensive,
undesirable, unlawful or immoral activity shall be conducted on any lot, nor shall
anything be done or permitted to be done thereon which may be or become a nuisance
or annoyance to the owners of adjacent lots or to the Subdivision as a whole. Any
determination by the Committee that an activity is noxious, offensive, undesirable
or immoral shall be final and binding on all parties.
14. Unused Vehicles: The placement
of junked, abandoned, wrecked, or non-operating items such as motor vehicles, boats,
or other equipment or materials shall not be permitted on any lot in the subdivision.
No car, boat or other vehicle or equipment not in running condition or not regularly
used by the lot owner shall be allowed to remain on any lot in the subdivision for
more than one week unless in enclosed storage. The repairing of motor vehicles,
boats, or any other items of a mechanical nature of any kind shall not be permitted
on any lot in the subdivision except within a garage or other comparable enclosed
15. Boats and Trailers: No vehicles,
boats, boat trailers, trailers, travel trailers, campers, recreational vehicles,
motor homes or other similar property shall be allowed on the lot unless such items
are regularly and frequently used by the lot owner, well-maintained and neat in appearance,
stored behind or beside the improvements (such as the residence, garage or storage
barn), and screened from view from all roadways and adjoining lots.
16. Temporary Structures: No structure
or improvement of a temporary character, nor any trailer, recreational vehicle, tent,
camper, shack, garage, barn or other outbuilding shall at any time be used as a residence
or dwelling, either temporary or permanent, without the prior written approval of
the Architectural Control Committee.
17. Livestock and Pets: Dogs, cats or
other household pets not to exceed a total of five (5) in number (exclusive of unweaned
offspring) may be kept on any lot so long as they are not kept, bred or maintained
for any commercial purpose. In the case of poultry or rabbits no more than
three (3) per acre may be kept, provided that they are not kept, bred, or maintained
for any commercial purpose.
The cumulative total
of horses that may be possessed at any one time shall not exceed one (1) per each
one (1) acre of land owned. The cumulative total of cows, calves, lambs, goats,
sheep and like animals (except horses) that may be possessed at any one time shall
not exceed one (1) per each one and one-half (1 1/2) acres of land owned. The
total of the above (i.e. horses, cows, calves, lambs, goats, sheep and like animals)
are cumulative in number. All animals are to be contained in pens or enclosures
approved by the Committee and maintained in a sanitary and odorless condition.
No pigs, hogs, or swine are allowed except as stated below.
An FFA, 4-H or club/civic
project may be allowed by the Committee upon written request to such Committee.
The documented FFA, 4-H, or club/civic project member of each Owner's family is allowed
to have up to a maximum of three (3) animals for purposes of the club or association.
The Committee may deny the request for any reason (i.e. number of animals, type of
No such pets or animals may
be kept if they become offensive or a nuisance by virtue of their numbers, sight,
odor or noise. If a question arises as to whether an animal (individually or
considered together) is offensive or a nuisance, the Committee shall make the determination
and its determination shall be final and binding on all parties.
18. Animal Containment: All animals shall
be contained within the lot lines either by pen(s), fence, leash, or other comparable
device. Animals shall not be allowed outside an owners lot(s). Any pen, corral,
structure or enclosure of any kind must be constructed of new material, must be attractive
in appearance in keeping with the general standard of improvement in the subdivision
and must be at all times kept neat and clean in appearance, consistent with the requirements
herein specified for other improvements in the subdivision. All such improvements
must be located behind the appropriate building set-back lines (see Item #6) and
not closer than twenty (20) feet to the side property lines.
19. Fences: ALL pens and fencing must
be approved in advance of installation by the Architectural Control Committee.
Barbed wire fencing, T-Bar posts, hog and chicken wire and similar other fence wiring
is not allowed from the front property line, and side property line if a corner lot,
to the building set-back lines (see Item #6) with the exception of the existing perimeter
fencing and cross-fencing. If fencing is installed from the building setback
line to the street(s), it must be metal pipe fencing of at least one and a half inch
(1«) diameter, wood fencing with no wire, masonry fencing, iron fencing, or
a combination thereof, or some other fence type approved by the Architectural Control
All fences must be mowed and
kept clean of weeds, trash and garbage at all times. All fences must be well
maintained to prevent sagging and deterioration and installed in a quality, workmanlike
20. Mailboxes: If individual street side
mailboxes are utilized in the subdivision in lieu of collection stations or neighborhood
collection units, each resident mailbox must be enclosed in the same brick or masonry
as used on the residence. On the mailbox enclosure, the numerical address must
be attached to the brick or masonry in a prominent visual location.
21. Signs: Except for one sign of not
more than six square feet advertising the property for sale or for rent, no signs
of any kind shall be displayed to the public view from any lot.
22. Hunting and Firearms: Hunting, trapping
and discharge of firearms are expressly prohibited within the Subdivision.
23. Clothes Drying Facilities: Outside
clothes lines or other facilities for drying clothes or airing clothes shall not
be erected, placed or maintained on any Lot unless they are concealed in such a manner
so as not to be visible from neighboring property or from streets.
24. Oil, Gas and Mineral Development:
No oil or gas drilling, exploration or development operations, oil or gas refining
or treatment, quarrying or mining operations of any kind shall be permitted on a
lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted
on any lot. No derrick or other structure designed for use in boring for oil,
natural gas or other minerals shall be erected, maintained or permitted on any lot.
25. Rights of Declarant: The Declarant
or its agents shall have the right to use any unsold lot for a sales office location,
for a future right of way or for any other purpose developer deems necessary.
The same Declarant rights apply to any sold lot, with the owner's permission.
Declarant shall also have the right to use the front 20 feet from any lot fronting
on U.S. Highway 281 or the proposed right of way for directional or promotional
26. Parking: Streets shall not be used
for parking except for occasional or emergency parking of vehicles. No continuous
parking of automobiles or any other type of vehicle will be permitted on any street
or road right-of-way in the subdivision at any time.
27. Enforcement: Any person owning any
interest in any of the lots in said Subdivision, including mortgage interest, may
enforce these restrictions through a proceeding at law or in equity against the person
or persons violating or attempting to violate any covenant, condition, restriction,
or limitation, either to prevent or to correct such violation, or to recover damages,
or to obtain other relief for such violation. All expenses, including a reasonable
attorney fee, shall be recovered from anyone violating these restrictions by the
party bringing the suit.
28. Architectural Control Committee:
All improvements on each lot shall be subject to the review and approval of an Architectural
Control Committee (hereinafter referred to as the "Committee" or "A.C.C.")
a. There is hereby created and activated a Committee
for the purpose of providing for the harmonious architectural design and location
of improvements within the subdivision. The committee shall review and approve
the plans and proposed location of all residences, outbuildings, fences or other
improvements to be built, placed or made upon any lots and shall perform such other
duties and responsibilities as are allocated under other paragraphs of this Declaration.
The initial members of the Committee shall be James C. Bohls, Rex D. Bohls and E.D.
Bohls. If any one or more of the three members refuses or fails to serve, the
remaining member or members are hereby authorized to appoint a person or persons
as replacement members. In the event all of the Committee members fail, refuse
or are unable to serve, then the owners of property in the subdivision shall elect
a new Architectural Committee, each lot in the subdivision to have one vote in such
b. No building, structure, fence, septic system,
water well, or other improvement shall be constructed commenced, erected, placed
or maintained on any lot, nor shall any addition to or change or alteration therein
be made, until the construction plans and specifications, and a plot plan showing
the location of all such structures and all appurtenances thereto, have been submitted
to and approved by the Committee.
c. Construction plans and specifications submitted
to the Committee shall be in such form as it may require and shall include, at a
minimum, plans of all floors and levels involved, elevations of all sides of the
proposed structure, a section through the structure to explain the relationship of
the floor levels and stairs, notes to specifications describing the materials to
be used on the exterior and site plan showing the location of the proposed improvements
or alterations thereto on the lot.
d. The A.C.C. may, but need not, hire specialized
consultants and incur expenses up to Two Hundred Dollars ($200) to aid it in reviewing
plans and their incidents. The cost of such consultants and expenses shall
be considered a cost of the lot owner and such plans will not be considered until
these costs are paid.
e. The Committee's approval or disapproval or
other action as required in these covenants shall be by majority vote, shall be evidenced
in writing and shall be delivered in person or by registered or certified letter
addressed to the requesting party at an address which must be supplied with the submission
of the plans. In the event the Committee should fail to approve or disapprove
the plans, specifications and plot plans within fifteen (15) days after they have
been submitted to it, it will be presumed that the same have been approved, provided
the same were submitted to the Committee in writing by certified mail, return receipt
requested, with an address provided to which the reply should be mailed. The
judgement of the Committee in the exercises of its discretion in this respect shall
be final and conclusive. Under no circumstances shall the Committee or any
of its members be subject, jointly or severally, to any suit by anyone for money
damages or otherwise.
f. Construction or placement of any improvement
approved by the Committee shall commence within six (6) months of such approval;
and the completion of such construction or placement must be accomplished within
nine (9) months of the commencement of same.
29. Limitations of Liability: Neither
the Declarant, nor the Architectural Committee, nor any member of such Committee,
shall be liable in damages or otherwise to anyone submitting plans, specifications
and plot plans for approval or to any owner of any portion of the Property by reason
of mistake of judgment, negligence or nonfeasance arising out of or in connection
with the approval or disapproval or failure to approve or to disapprove any plans,
specifications, plot plans or other matters submitted to it or arising out of any
other action taken or not taken by them, jointly or severally, pursuant to the provisions
of this Declaration.
30. Cleaning Lots: After written notice
of fifteen (15) days to cure to the owner thereof, the Architectural Committee shall
have the right to clean and clear lots of unsightly weeds, grass, brush, trash, and
refuse, such cleaning and clearing to be at the expense of the particular lot owner
and for which a lien in favor of the Committee, or its assigns, may be placed upon
the property, including interest, costs, and attorneys fees.
31. Partial Invalidity: If any portion
of this Declaration is declared illegal, invalid, or unenforceable by law or court
order, such action shall not affect the validity of any other provision hereof.
Failure to enforce any one or more provisions hereof shall not constitute a waiver
thereof as to future enforcement and shall not serve to invalidate any other provision
of this Declaration.
32. Duration: These covenants, conditions,
easements and restrictions shall run with the land and shall be binding upon and
against the Property for a period of twenty (20) years from the date of recordation,
after which time said covenants shall be automatically extended for successive periods
of ten (10) years unless an instrument signed by the then owners of seventy-five
percent (75%) of the Property (by lot) has been recorded agreeing to change said
covenants in whole or in part. No such agreement to change shall be effective
unless made and recorded within three months immediately prior to the date the covenants
otherwise would be automatically extended.
33. Deviations: The Committee may exercise
a limited right to approve deviations from the provisions hereof without an actual
amendment of the Declaration, when, in the opinion of the Committee, such deviation
will be beneficial to other owners of lots in the Subdivision. The Declarant
hereby reserves the right to amend these restrictions when, in the opinion of the
Declarant, such amendment will be beneficial to the subdivision.
34. Laws and Regulations: All owners
of any lots within the Subdivision shall at all times comply with all applicable
laws, regulations and ordinances of municipal, county, state, federal or other governmental
35. Texas Veterans Land Board: It is
anticipated that some of the lots within the Subdivision shall be sold to veterans
through the Texas Veterans Land Board Program. Notwithstanding anything to
the contrary contained herein, these restrictions shall not, and shall not be construed
to, prevent the Texas Veterans Land Board from deeding one acre to a veteran for
a homesite in order that he might construct a residence thereon. Nor shall
these restrictions be construed to charge or assess any fees to the Texas Veterans