DECLARATION OF RESTRICTIONS, EASEMENTS AND LIMITATIONS
THE STATE OF
' KNOW ALL MEN BY THESE PRESENTS
Developers, LLC of Texas, hereinafter called DECLARANT, being the owner of all
of the surface estate of the following described real property lying and being
situated in the
for the purpose of carrying out a uniform plan for the development, do hereby make, declare, adopt and impose upon the above described real property, the following covenants, conditions, restrictions, and limitations which shall apply to and become a part of all contracts of sale, contracts for deed, deeds, and other legal instruments whereby title or possession to any tract in said Property is hereafter conveyed or transferred, such covenants, conditions, restrictions, and limitations to run with the land and to be binding upon and inure the above-described property or any portion thereof, to the benefit of the Property, each tract and each Owner, their heirs, executors, administrators, successors, and assigns.
Section 1.1 Owner shall mean and refer to one or more persons who have been conveyed an Interest in the Property, whether by deed, contract for deed, lease or license, and their transferees. The term Owner shall not include those having an Interest mainly for the purposes of securing performance of an obligation, provided that the purchaser at a foreclosure sale or trustees sale shall be deemed an Owner.
Section 1.2 Declarant shall mean and refer to Ranchette Developers, LLC, their successors, and/or assigns.
Section 1.3 Person shall mean an individual, corporation, Partnership, association, trust or other legal entity or any combination thereof.
Section 1.4 Association shall mean and refer to the Settlers Pass Owners Association, an Association comprised of the Owners as herein defined, their successors and assigns, as described below, the bylaws of which shall govern the administration of this Property according to the terms of this Declaration.
Section 1.5 Interest shall mean and refer to that right of exclusive use of any tract in the Property, whether such interest be obtained by virtue of deed, contract for deed, lease, license or other similar conveyance.
Section 2.1 The Owners Association is hereby established and activated for the purpose of establishing rules and regulations of its members. Such Association may establish rules and regulations as it deems appropriate for the mutual benefit of the tract owners in the Property, according to the bylaws of the Association and so long as such rules and bylaws do not in any way conflict with this Declaration of Restrictions, Easements and Limitations. The Association shall have a Board of Directors appointed by Declarant until such time as 70% of the tracts in the Property have been sold to other persons.
Section 2.2 Membership. Each Owner shall be a Member of the Association. The Membership in the Association shall be appurtenant and shall not separate from ownership of an Interest, and any transfer of such membership not made as part of a sale or transfer of an Interest shall be null and void. Ownership of an Interest shall be the sole qualification for being, and shall automatically make the Owner a Member of the Association subject to all of the bylaws, rules and regulations of the Association. No Member shall be required to pay any consideration whatsoever solely of its membership in the Association. No Member may resign or otherwise terminate its Membership in the Association.
Section 2.3 Voting Right. The voting rights and procedures of Members of the Association shall be as set forth in the bylaws of the Association; provided, however, if an Interest is held by more than one person, the number of votes entitled to be cast for such Interest shall be the same number as if such Interest were held by only one person.
Section 2.4 Suspension of Voting Rights. The voting rights of an Owner may be suspended by the Association for any period during which any assessment against such Owners is in default, and for a period not to exceed sixty (60) days for an infraction by an Owner of the Associations rules and regulations.
Section 3.1 Amount of Assessments. Each tract in the Property shall be assessed annually the amount of $100.00 for general common area maintenance. Special assessments to be used by the Association for any of the uses and purposes described in the bylaws of the Association may also be established. The amount of any special assessment shall be established by the Board of Directors of the Association, subject to the approval of at least two-thirds of the Owners.
Section 3.2 Creation of Lien and Personal Obligation for Assessments. Each Owner of any Interest is hereby deemed to covenant by acceptance of a conveyance or transfer of an Interest, whether it shall be so expressed in such conveyance or transfer, to pay to the Association the assessments hereinafter described. Such assessments, together with interest, costs of collection, and attorneys fees, shall be a continuing lien upon the Interest of the Owner against whom such assessment is made. The obligation to pay such assessments being part of the purchase price of each Interest, such lien shall be superior and paramount to any homestead or other exemption provided by law. Each such assessment, together with the interest, costs, and attorneys fees, shall also be the personal obligation of the person who was the Owner of such Interest at the time assessment first became due. The personal obligation for delinquent assessments shall not pass to an Owners successor in title unless expressly assumed by such successor, but, nevertheless, the lien of such assessments shall continue to be a lien upon the Interest as provided above.
3.3 Subordination of the Lien to Mortgages. The lien of the assessments provided for
herein shall be subordinate to the lien of any first deed of trust lien or any
lien securing a debt incurred in purchasing any Interest.
Section 3.4 Abatement of Assessments. No diminution or abatement of assessments shall be allowed or claimed for inconveniences or discomfort arising from the making or repairs of improvements or from any action taken to comply with any law, ordinance or order of a governmental authority.
Section 3.5 Collection of Assessments. No Owner may exempt himself from liability for assessments by waiver of the use or enjoyment of any of the facilities provided or maintained by the Association. The Association may enforce collection of delinquent assessment by suit at law for a money judgment, and the expenses incurred in collecting unpaid assessments including interest; costs and attorneys fees shall be chargeable to the Owner in default. The Association may also discontinue the furnishing of any services to an Owner in default of its obligations. Any Owner in default in the payment of its assessment to the Association shall not be entitled to vote at any meeting of the members of the Association so long as such default continues.
Section 4.1 Easements By this instrument, Declarant grants, conveys and impresses upon the Property, for the benefit of the Declarant, his heirs, successors and assigns and for the benefit of the Owner(s) as defined in Article I, Section 1.1 of this instrument, an easement and right-of-way over and across the lands described as follows:
Such easements for ingress, egress, utilities and drainage as shown on Plat of said Property, recorded in Volume ____, Page ____ of the Plat Records of Medina County, Texas.
This instrument grants an easement appurtenant which shall run with the land for the benefit of the Owners, their heirs, successors and assigns and this easement shall be perpetual. Declarant and Declarants heirs, personal representatives, successors and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to any and every person claiming or to claim all or any part of the interest in the Property.
The easement, rights and privileges granted by this conveyance are non-exclusive, and Declarant reserves and retains the right to convey similar rights and easements to such other persons as Declarant may deem proper.
Section 4.2 Maintenance of Easements The easements shown on said plat described above will be maintained by Declarant until completed in accordance with plan specifications, at which time responsibility insuring maintenance of the easement will be conveyed to the Association. The Association will thereafter be responsible for maintenance.
Section 4.3 Utility Easements It is understood and agreed that perpetual easements are reserved for the installation and maintenance of utilities and all necessary appurtenances thereto, whether installed in the air, upon the surface or underground, along and within twenty feet (20') of the rear, front and side lines of all tracts and in the roads or easements of the Property and twenty feet (20') along the outer boundaries of all tracts. Nothing shall be placed or permitted to remain within the easement areas which may damage or interfere with the installation and maintenance of utilities. If the owner of the Tract erects a fence across this easement, the owner is required to erect a gate at each end of the owners Tract to allow for the installation and maintenance of the utilities. The easement area of each tract and all improvements within it shall be maintained by the owner of the Tract, except for the facilities for which an authority or utility company is responsible. Utility companies or their employees shall have all of the rights and benefits necessary or convenient for the full enjoyment of the rights herein granted, including but not limited to the free right of ingress to and egress from the right of way, and easement, and the right from time to time to cut all trees, undergrowth and other obstructions that may injure, endanger or interfere with the operation of said utility facilities. The easement rights herein reserved include the privilege of anchoring any support cables or other devices outside said easement when deemed necessary by the utility to support equipment within said easement and the right to install wires and/or cables not within said easement so long as such items do not prevent the construction of buildings on any of the tracts of the Property.
Section 5.1 Land Use and Building Type. All Tracts in this subdivision shall be used for single family residence purposes only and the same are hereby specifically restricted and designated as residential Tracts only and may be used for residential purposes, except as herein specifically prohibited, to wit:
(a) A single family dwelling residential Tract shall be deemed to be a Tract on which may be located a residential dwelling designed for one family use with the usual, necessary, or desired outbuilding in connection therewith designed to be used in connection with the enjoyment of the single family dwelling. Guest quarters, maid or servants quarters that are detached from the main residential structure are permitted so long as such use is for one of the aforesaid purposes and when such guest quarters are constructed in conjunction with or after construction of the primary residential dwelling. Any tract that meets the qualifications for the property tax agriculture exemption are fully allowed for those who qualify, to keep their property in tax agriculture exemption. In no way are the restrictions of the subdivision intended to prevent those who meet the requirement for the property tax agriculture exemption from receiving and maintaining it. Those who meet the qualifications for the property tax exemption are not bound by any articles, sections, or neighborhood association that speak against, directly or indirectly, the land use for property tax agriculture exemption.
(b) Setback Requirements. A greenbelt of fifty feet (50') in width shall be maintained along the road frontage. No building or structure of any nature shall be located on any tract closer than fifty feet (50') to the front property line, nor closer than twenty-five (25') to any side or back property line, unless prior written approval of the Declarant or the Association is given.
(c) No building or structure shall be occupied or used until the exterior thereof is completely finished. No basement, trailer, tent shack, garage, barn or other outbuilding erected on this land shall ever be used as a residence, temporarily or permanently, nor is any structure of a temporary character be used as a residence.
(d) No residence shall be erected on any Tract or Tracts wherein the area of the main structure, exclusive of one-story open porches and garages, shall be less than 1,650 square feet living area for a one-story dwelling, EXCEPT that dwellings of more than one story shall not have less than 1,650 square feet living area on the ground floor. The minimum square feet of living area shall be exclusive of open porches, breeze ways, garages or carports. No dwelling shall exceed three stories in height and a private garage and/or carport for not more than six cars.
(e) All buildings or structures erected in this subdivision shall be placed upon concrete foundations. No finished exterior walls of any building or structure in this subdivision shall be less than 100 percent masonry construction. Masonry construction shall include materials such as brick, rock, or stucco.
(f) Garages and carports may be attached or detached separate and apart from the main residence. The finished exterior walls of all residential structure, guest quarters, maid or servants quarters, garages and carports shall not be less than 75 percent masonry construction. Such buildings shall be of like construction as the main residence so as to add to the appearance of and compliment the main residence.
(g) No building, barn, storage building or similar structure constructed of metal, tin or wood shall be erected or placed temporarily or permanently on any Tract or Tracts in this subdivision unless located behind an existing residential structure or other outbuildings so as to be not readily visible from the main subdivision road.
(h) All driveways must be either asphalt pavement, chipseal, or concrete.
(i) Once construction of a structure is commenced, construction must be continuously prosecuted to completion within a reasonable time, not to exceed nine months for exterior completion.
Section 5.2 Trade or Commercial Activity. No residential Tract or Tracts may later be converted to any commercial or semi-commercial property. No trade, business or commercial activities shall be conducted on any Tract or Tracts, which may be or become an annoyance or nuisance to the neighborhood.
Section 5.3 Other Activity. No lodge, hall, meeting place, church, school, club building, or other building used as such, shall be located on any residential Tract in this subdivision.
Section 5.4 Signs. No sign of any kind shall be displayed to the public view on any residential Tract, except professional signs of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, signs used by subdivider for sale during the construction period.
Section 5.5 Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Tract for any commercial purposes, however, the following limited possession of animals is permitted:
(a) Dogs, cats or other household pets are permitted provided that they are not kept, bred or maintained for commercial purposes and they are not offensive to the enjoyment of other property owners. No such household pets shall be allowed to run loose, roam free at large, unattended or unsupervised or otherwise unleashed at any time.
(b) For the limited purpose of raising livestock for a stock show project or a project in conjunction with school related activities such as 4-H or FFA, two animals per student may be raised and kept for a limited period of time not to exceed one year in duration.
(c) Not more than two horses per one and one-half acre may be kept so long as the property is properly fenced to prevent them from running at large within the subdivision.
Section 5.6 Water. Meter provided on each lot by Yancey Water District.
5.7 Sewage Disposal.
Individual sewage disposal systems shall be required on each Tract, and
the disposition of sewage from dwellings located on such Tracts shall be in
accordance with the rules and regulations established by the State of
Section 5.8 Fencing. Any fence fronting on a public street or right of way shall be constructed of painted wood, painted pipe or other metal, natural split rail fence or similar or other decorative fencing. No barbed wire, net wire, chain link or other galvanized fencing shall be used along the front of any Tract or Tracts. Barbed wire, net wire or other galvanized fencing are permissible along side and back property lines.
Section 5.9 Prohibition Against Subdivision No Tract may be subdivided without the express consent of the Declarant. After Declarant has conveyed all its interest in the Property, any consent to subdivision shall be by the express written consent of the Association.
Section 5.10 Prohibition Against Thru Easement. No easement may be granted over or across any Tract for the purpose of ingress and egress to property adjacent to the Property, without the express consent of the Declarant.
Section 5.11 Motor Vehicles and Boats. No bus, boat, motor home, travel/camper, stock trailer, utility trailer, 2-ton or larger rated bobtail truck or semi-truck tractor and trailer, EXCEPT those which are furniture moving vans, trucks making pick ups or deliveries, or are connected with any phase of construction and/or repair of said property shall be left parked in front of any property or on any paved street in this subdivision. Any boat, motor home, travel/camper trailer, stock trailer or utility trailer kept or stored by any property owner may be kept or stored only at the rear of owners property and in such a way as to never become unsightly, an eyesore or junk-like in appearance. No other motor vehicles considered inoperative; in deteriorating state of repair; abandoned or in any way commonly referred to and/or defined as a junk vehicle may be parked, stored or kept on any property in this subdivision, except, storage inside a garage or other outbuilding is permitted.
Section 5.12 Noxious Activity. No noxious or offensive activity shall be carried on or maintained on any tract, nor shall anything be done thereon which may be or become a nuisance to the other property owners.
Section 5.13 Mail Boxes. All mail boxes shall be of a type and design and placed in a location approved by the U.S. Postmaster and the Association.
Section 5.14 Cleaning Tracts. After thirty (30) days notice to the Owner thereof, the Association shall have the right to clean and clear tracts of unsightly trash and refuse, such cleaning and clearing to be at the expense of the particular tract owner and for which a lien in favor of the Association may be placed upon the property, including interest, costs, and attorneys fees. Such lien shall be treated by the Association in the same manner as other assessments against such tract.
Section 5.15 Mobile Homes. No single or double wide mobile or manufactured home(s) shall be permitted to be placed on any tract in the Property.
Section 5.16 Hunting and Firearms. Hunting or the discharge of high powered rifles of any caliber shall be prohibited within the Property.
Section 6.1 Duration of Restrictions. The covenants, conditions, restrictions, and limitations herein published and impressed on all tracts in the Property shall be binding on all owners of properties in the Property for a period of twenty-five (25) years from and after the date hereof and shall be automatically extended for an additional period of fifteen (15) years unless specifically terminated by vote as hereinafter provided. At any time within six (6) months before the expiration of the first twenty-five (25) year period, any five (5) property owners in the Property may call an election to be held in the Property for the purpose of terminating this Declaration. At such meeting, the vote to terminate must receive a vote of seventy-five percent (75%) of the owners of all tracts in the Property. If such meeting is not called, then this Declaration, and all covenants, conditions, restrictions, and limitations herein contained, shall be automatically extended for an additional period of fifteen (15) years.
Section 6.2 Invalidation. The invalidation of any of the covenants or restrictions set forth herein by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 6.3 Conditions. The Property and the easements, restrictions, covenants, and conditions contained herein are subject to all other easements, encumbrances, and restrictive covenants which may affect the Property and which may be apparent from a visual inspection of the Property.
Section 6.4 Amendment. The Declarant shall have the power and authority to amend this Declaration by filing and recording such changes in the same manner as this Declaration, so long as Declarant owns an interest in at least one tract in the Property. Thereafter, the Association as herein constituted shall have the power and authority to amend this Declaration by filing and recording such changes in the same manner as this Declaration other provisions of this Declaration, the Declarant or its successor in title shall have the following rights with respect to any unsold tract in the Property:
a. To locate a sales office thereon,
b. To surround such tract with a fence,
c. To place signs of good quality and reasonable size thereon,
d. To use part or all of such tract for future road right-of-way,
e. To make any gift of any unsold tract to the property Owners Association for such use as the Association shall determine. The Association must accept such gift if the tract is free of all encumbrances. If the tract is not free of all encumbrances, the gift may be accepted or rejected at the option of the Association.
Section 6.6 Enforcement of Conditions and Restrictions. Any person owning an Interest in the Property, including a 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, to recover damages, or to obtain other relief for such violation. This right of enforcement shall coexist with the right of the Association to enforce these restrictions. All expenses, including reasonable attorneys fees, shall be recovered from anyone violating these restrictions by the party bringing suit. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed this ______ day of ________________, 2006.
RANCHETTE DEVELOPERS, LLC
ANTONIO C. RENDON, Member
KENNETH G. PERSYN, Member
This instrument was acknowledged before me on the _____ day of ______________________, 2006, by ANTONIO C. RENDON, Member of RANCHETTE DEVELOPERS, L.L.C., on behalf of said limited liability company.
Notary Public, State of
This instrument was acknowledged before me on the _____ day of ___________, 2006, by KENNETH G. PERSYN, Member of RANCHETTE DEVELOPERS, L.L.C., on behalf of said limited liability company.
Notary Public, State of
AFTER RECORDING, RETURN TO:
BILL TSCHIRHART, JR.
Attorney At Law, P.C.
1313 Lorenzo, #1