Covenants and Restrictions
Attached=
as
Exhibit “A”
Article =
I
Property
Rights
1. Easements
A) All tracts to have fiftee=
n foot
(15’) easement around the perimeter for the purpose of running utilit=
ies,
including electric and water lines.
Within these easements, no dwelling, structure, planting, or other
material shall be placed or permitted to remain thereon which may damage or
interfere with the installation and maintenance of utilities, or which may
damage, interfere with, or change the direction of flow of drainage facilit=
ies
in the easements. The area of=
each
Lot and all improvements therein shall be continuously maintained by the Ow=
ner
of such Lot, except for maintenance of which a public utility company is
responsible.
B) Such easements, reservations, and =
rights
of way shall at all times be open and accessible to public and quasi-public
corporations, their employees and contractor, and shall also be open and
accessible to Declarant, its successors and assigns, all of whom shall have=
the
right and privilege of doing whatever may be necessary in, on, under, and a=
bove
such locations to carry our any of the purposes for which such easements,
reservations and rights of way are reserved.
Article =
II
Use
Restrictions
The tract
shall be occupied and used only as follows:
2-1 Each=
tract
shall maintain a residential appearance.&n=
bsp;
No structure may be placed closer than one hundred fifty feet
(150’) from the public or private access point without written permis=
sion
of the Architectural Control Committee.
2-2 No obnoxious or offensive activiti=
es
shall be carried on upon said Lot or Lots, nor shall anything be done there=
on
which may be or become an annoyance or a nuisance to the neighborhood.
=
2-3 The
raising or keeping of hogs on any part of the tract is strictly
prohibited. The raising of ho=
rses
and cows shall be allowed, but, shall be limited to one head per acre.
2-4 No rubbish, trash, garbage, or oth=
er
waster material, shall be kept on any Lot except in sanitary containers loc=
ated
in appropriate areas concealed from public view.
2-5 No fence, hedge, wall, or other di=
viding
instrument over eight (8) feet in height measured from the ground on which =
it
stands shall be constructed or maintained on any Lot.
2-6 No outbuilding, basement, te=
nt,
shack, garage, shed, or temporary
building=
of
any kind shall be used as a temporary or permanent residence.
2-7 No repairing of motor vehicles req=
uiring
more than three (3) days to complete shall be permitted of such Lots. No motor vehicle shall be left par=
ked,
abandoned or otherwise unattended in specific location on any portion of any
Lot or street within the Subdivision for more than five (5) days. No motor vehicle which is not in operating conditio=
n or
not bearing current license plates shall be placed or permitted to remain on
the street or on any portion =
of any
Lot. Restoration of vehicles =
is
permitted providing all work, parts and framework are done in a concealed
garage.
2-8 Iron ore, top soil, clay, gravel, =
or
marketable timber (including firewood) shall not be mined or sold until lan=
d is
paid in full.
2-9 Each inhabited structure construct=
ed on
this tract shall be connected to a septic tank with capacity and drain field
installed in accordance with the regulations of the County Health Officer a=
nd
shall be inspected and approved by such Officer. This restriction is enforceable by=
the
County Health Unit and/or the Seller of the tract of land. Prior to construction Owner of said
Lot(s) shall contact said Health Officers for approval of individual septic
systems.
2-10 One=
(1)
single family dwelling is allowed per tract. If a second residence is built or =
placed
on said lot, then an additional water meter is to be installed or water wel=
l is
to be drilled and an adequate septic system to be in place. However, the Architectural Control
Committee shall have the authority to allow more than one residence per tra=
ct.
2-11 Pur=
chaser
may dispose of timber for building sites and gardens, but must leave ample
trees for shade over tract.
2-12 All driveway are to be installed a=
nd
maintained by Owner.
2-13 The placement of any fence must be
approved in writing by the Architectural Control Committee. If a fence is installed without the
Architectural Control Committee’s prior approval, the fence is subjec=
t to
being removed without notice.
Article =
III
Architec=
tural
Control
All
dwellings or housing must be approved in writing prior to the placement of =
the
home, or the ground breaking for the construction of the dwelling or housing
structure by the Architectural Control Committee.
3-1 The =
ground
area of each dwelling, exclusive of porches, carports, storage spaces shall=
not
be less than 840 square feet. All
temporary living quarters of less than 840 square feet may be used with wri=
tten
permission from the A.C.C., but 270 days from placement is the maximum amou=
nt
of time a temporary living structure may be in place on the Lot.
3-2 Mobile homes shall be underpinned =
and
skirted within 60 days from date placed on the property. =
=
3-3 The restrictions on manufactured h=
ome
placement apply both to original and to subsequently installed homes.
3-5 COMM=
ITTEE
MEMBERSHIP. The Architectural
Control Committee is composed of Billy G. Radford and S.E. Rutledge. In the event of death or resignati=
on of
any member of the Committee, the remaining member shall have full authority=
to
designate a successor.
3-6 RIGHT OF WAIVER. The Committee shall have the right=
to
waive any restriction if the Committee deems such waiver to be in the best
interest of the Lot Owner and such action will not alter the general scheme=
of
the adjoining tract.
3-7 TAXES. Seller is not responsibl=
e for
any rollback taxes due to the change in use of said property from agricultu=
ral
to non-agricultural. It is the
purchaser’s responsibility to individually apply for agricultural use=
and
to pay such roll back if enforced.
3-8 These restrictions are enforceable=
by
the Seller or any individual Purchaser whether part or all of these
_______acres, Caldwell County,
Texas.
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Buyer
signature =
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Date
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