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DECLARATION
of
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 the premises.

     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 day.

     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 the residence.
          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 square feet.

     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:

 

LOTS

STREET NAME

SETBACK

1 - 4 & 14 - 18

U.S. HIGHWAY 281

100'

4 - 14

future right-of-way

75'

    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 structure.
 
     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 animal, etc.).
          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 Committee.
          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 manner.

     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 signs.

     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.") as follows:

     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 election.

     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 authorities.

     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 Land Board.

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