STATE OF TEXAS §
COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS:
967, LTD., a Texas limited partnership, its successors or assigns (THE DECLARANT), being the Owner of the following described real property lying and being situated in the County of Williamson and the State of Texas and being more particularly described as follows, to-wit:
DOVE MEADOW, an unrecorded subdivision in Williamson County, Texas, as shown in the field notes, attached as Exhibit "A" to which reference is 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 lot shall ever be used for a business or commercial purpose. No structures shall be erected, placed or maintained on any lot other than a single-family residence with such accessory structures and buildings as a storage building, workshop, garage, guest house and servant's quarters. Not more than one single-family residence may be erected on a lot unless the lot is 10 acres or greater, then 2 living units will be allowed per lot. As used in this Declaration, the term "lot" refers to any numbered plot of land shown on any portion of the Subdivision in accordance with the terms hereof.
2. Size and Specifications: No building, structure, or other improvement shall be 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. A residence may not be lived in or occupied until the residence is 100% complete as per the Architectural Control Committee approved plans.
A: "Conventional on site constructed single family residence":
Each dwelling shall not be less than 1,300 square feet of heated and air-conditioned space, exclusive of basement, garage, and porches. In the case of multi-story dwellings the minimum size shall be 1,450 square feet with not less than 900 square feet of heated and air-conditioned space in the first floor.
All residences must have a minimum of a single-car garage with a minimum size of 250 square feet. If a carport is constructed in addition to the required single-car garage, the carport must be beside or behind, but not in front of the garage or single-family residence.
At least 25% of the total exterior of any residence must be masonry which includes but is not limited to rock, brick, stone, or stucco. Any masonry siding, such as concrete Hardi Plank, or similar product does comply with this masonry requirement. The masonry requirement may be deviated from, at the Architectural Control Committee discretion, when a residence exceeds 1800 square feet.
B: "Move-on Housing such as Manufactured homes, modular homes, and all other Move-On Homes":
Each dwelling shall not be less than 1300 square feet of heated and air-conditioned space, exclusive of basement, garage, and porches. Manufactured homes must have a minimum width of twenty-four (24) feet.
If a garage or carport is constructed, the garage or carport must be beside or behind, but not in front of the single family residence.
At least 25% of the total exterior of any residence must be masonry which includes but is not limited to rock, brick, stone, or stucco. Any masonry siding, such as concrete Hardi Plank, or similar product does comply with this masonry requirement. The underpinning of any manufactured housing must be masonry on all four sides. This masonry underpinning requirement will fulfill the 25% masonry requirement of the exterior.
All manufactured homes must have hardboard or vinyl siding or some other material approved by the Architectural Control Committee, but not metal siding.
All manufactured homes must have a composition shingle pitched roof with a minimum 3/12 pitch.
All manufactured homes must have a front porch of a minimum size of 100 square feet. This porch can be poured concrete, or a built up elevated deck with hand rails on all three sides.
All manufactured homes must have a minimum of a 100 square foot storage building placed or built on the property prior to occupying the residence.
Not withstanding anything else herein to the contrary, the existing house on tract N, in its present condition, is excepted from compliance with these restrictions for the period such house remains in its current condition and configuration. If such house is renovated or remodeled for any reason, the improvements on Tract N shall fully comply with the restrictions.
3. Setback Requirements: The single-family residence, garage, or other residential buildings,
storage buildings, barns, sheds, etc. of any kind shall have a building setback line from the front property line of 200 feet. Any tract 3_ acres or less shall have a building setback line from the front property line of 125 feet. The single-family residence, garage, or other residential buildings, storage buildings, barns, sheds, etc. of any kind shall not be located nearer than twenty (20) feet to any side or rear property line. All other items used for any purpose must also be behind the front building set back line.
4. Driveways: All driveways must be either gravel, crushed limestone, concrete, asphalt pavement, or brick/concrete pavers. The driveway must be completed before occupying the residence.
5. Quality Workmanship: All improvements and structures including but not limited to homes, garages, barns, fences, storage buildings, and other improvements shall be constructed of quality material and in a workmanlike manner. 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 weather-proofed 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.
6. 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 building or other comparable enclosed structure. Storage buildings and barns may be placed or built on the property prior to the residence being constructed. Any construction building or construction materials must be removed or properly stored in enclosed structures within fifteen (15) days of completion of the structure.
7. Easements: Easements are hereby reserved and dedicated over and across a twenty foot (20') strip along front and fifteen foot (15') 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 seven 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 in other documents covering that particular lot.
9. Restriction on Further Subdivision: No lot, tract, or parcel of land shall be divided, subdivided, or re-subdivided into any lot, tract, or parcel of land containing less than 2 1/2 acres. Any person owning two or more adjoining lots may consolidate such lots into a single building site.
10. Sewerage: No means of sewerage disposal may be installed, used or maintained except a septic tank, 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.
11. Draining Structures, Ditches, and Stock Tanks: Drainage structures under private driveways shall be constructed to Williamson County specifications, shall not be less than a minimum of 18" round or oval pipe, shall be constructed so as not to block the flow of water and must be constructed before construction begins. 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 beside or behind the residence. Cut or trimmed brush on occupied or non-occupied lots must be disposed of within 30 days of cutting. No construction of a house may begin until an enclosed trash receptacle is available on-site for construction debris. It is the owner's responsibility to see that construction debris is contained.
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 Architectural Control 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 of any kind 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 and regularly used by the lot owner shall be allowed on any lot in the subdivision, unless in enclosed storage.
15. Boats and Trailers: No boats, boat trailers, trailers of any kind, travel trailers, campers, recreational vehicles, motor homes, tractors, vehicles, and any other equipment or items of any kind, or other similar property shall be allowed on the lot unless such items are regularly and frequently used by the lot owner, neat in appearance, well maintained, and stored behind the building setback line.
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. There shall be no overnight or weekend camping of any kind.
17. Animals: Dogs, cats or other household pets not to exceed a total of ten 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 cows, horses, calves, lambs, goats, sheep and like animals that may be
possessed at any time shall not exceed one (1) per each one (1) acre of land owned. No pigs, hogs, or swine are allowed. Any pen, corral, barn, hutch, structure or enclosure of any kind must be constructed of new material and 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, and located behind the building setback line and not located nearer than 20' to any side or rear property line. No 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 or poultry, (individually or considered together) is offensive or a nuisance, the Architectural Control 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 fence, leash, or other comparable device. Animals shall not be allowed outside an owners lot. Any pen, corral, hutch, 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.
19. Fences: All fence lines across the front and 200' feet down the side property lines 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. If fencing is installed within 100' feet of the front property line, metal T-Bar posts may not be used.
20. 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.
21. Antennae: No exterior radio, television or any other type of antenna shall be higher than 40' as measured from the ground. All satellite dish receivers larger than six feet (6') in diameter must receive prior written approval of the Architectural Committee as to size and location.
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, or any sold lot, with the owner's permission.
26. Enforcement: Declarant and 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.
27. 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 "ACC") 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 Rex Bohls, Doug Lewis and Joe Simpson. 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. If all three members of the Architectural Control Committee resign, then the property owners of record can appoint three new members to become the Architectural Control Committee with a vote of 51% of the then current property owners with one vote per property.
B. No building, structure, or other improvement shall be 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 location of the proposed improvements or alterations thereto on the lot.
D. 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 addressed to the requesting party at an address which must be supplied with the In the event the Committee should fail to approve or disapprove the plans, specifications and plot plans within five (5) business 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.
E. 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.
28. 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.
29. 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.
30. 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.
31. 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-five (25) 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.
32. Amendment and Variances: The Committee may exercise a limited right to approve minor variances from the provisions hereof without an actual amendment of the Declaration, when, in the opinion of the Committee, such variances 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.
33. 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.
34. 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.
This document has been updated to reflect amendments filed on May 13, 1998 to the original document.
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