DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THE STATE OF TEXAS§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLORADO §
DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS APPLICABLE TO
THE GROVES
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("the Restrictions") is made by COUNTRYSIDE NEIGHBORHOODS LP ("Declarant").
WHEREAS, Declarant is the owner of the 163.449 acres of land subdivided into 16 tracts known as The Groves ("the Property") more particularly described in the plat thereof filed on July 14, 2005 and recorded in Book 498, Page 721 in the Plat Records of Colorado County, Texas.
WHEREAS, Declarant desires to impose upon the Property the covenants, conditions and restrictions herein set forth.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall constitute covenants running with the land, and which shall be binding on all parties having any right, title or interest in the Property or any part thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof and the Declarant.
ARTICLE I
DEFINITIONS
Section 1."Owner" or "Owners" shall mean and refer to the record owner(s) of a fee simple title to any Tract out of the Property, but excluding those having such interest merely as security for the performance of an obligation.
Section 2."Property" shall mean and refer to The Groves hereinabove described and such additions that may be annexed to The Groves.
Section 3."Tract" shall mean and refer to any parcel or plat of land out of the Property and/or shown upon any recorded subdivision map of the Property.
Section 4."Declarant" shall mean and refer to Countryside Neighborhoods LP and its successors or assigns.
Section 5."Main Roads" shall mean Schmitt Creek Road and Cat Spring Road as shown on the recorded subdivision map of the Property.
ARTICLE II
USE RESTRICTIONS AND CONSTRUCTION OF IMPROVEMENTS
Section 1.CONSTRUCTION OF IMPROVMENTS. Each Tract shall be used only for single-family residence purposes and improvements for agricultural use as defined hereafter.
1.01 Main Residence. The main residence shall be a single-family residential dwelling and other structures (including guest houses or servants' quarters). All other structures shall not exceed the main residence in height. The design of garages and guest quarters shall be consistent with the main residence. The front of the main residence shall face Schmitt Creek Road.
1.02Minimum Square Footage. The living area of the main residential structure (exclusive of outbuildings, guest houses, porches, garages and servants' quarters) shall have a minimum square footage as follows:
a.not less than two thousand (2,000) square feet for a single-story home,
b.not less than two thousand two hundred (2,200) square feet for a 1 l/2 story home, with at least 1,200 square feet of living area located on the first floor.
c.not less than two thousand four hundred (2,400) square feet for a two-story home, with at least 1,200 square feet of living area located on the first floor.
d.Not less than two thousand square feet of living area for all other styles of homes.
1.03Garages. A residence shall have a minimum of a two-car enclosed garage, either attached or detached. All garages must be side or rear entry and not face any road.
Carports are prohibited unless placed behind the main residence such that they cannot be viewed from the Main Roads. A porte cochere attached to the main residence is allowed so long as it is constructed of the same materials as the main residence and has a similar appearance to the main residence.
1.04Construction Timeframe. Construction of the main residence and required minimum two-car garage must be completed within 18 months of beginning construction. The exterior of the main residence and garage must have a finished appearance within 6 months of beginning construction.
1.05Roofs. Roofing materials for all buildings (including garage, guest quarters and all outbuildings) shall be new and designed and manufactured specifically for roofs. Wood or wood shingle roofs and metal roofs not treated to prevent rust are prohibited on all buildings. The roof pitch of the main residence, garage and guest quarters must be 6:12 or greater.
1.06Barns and Outbuildings. Barns, sheds, storage buildings, swimming pools, and other structures for agricultural, recreational or for any other use are to be constructed at least fifty feet (50') behind the rear wall of the main residence. All outbuildings shall be sided in materials that are earth tone in color such that they will blend with the natural flora, including such colors as green, dark red, brown or gray. No outbuilding shall be sided in unpainted metal siding or sided in bright colors such as bright red, blue or yellow.
1.07Living Quarters Within a Barn. A home site may have a guest house or guest quarters located within a barn. However, the guest quarters must be built at the same time or after the main residence has been constructed.
1.08Propane Tanks. If propane tanks are installed, they shall be installed behind the front line of the main residence and shall be obstructed from view from the Main Roads and from all other Tracts through use of shrubbery or fencing made of wood or masonry.
1.09Manufactured Housing. Manufactured and/or modular homes and recreational vehicles for use as a primary residence are strictly prohibited. No manufactured housing, including mobile homes, trailers, motor homes, recreational vehicles, or doublewides are permitted on property unless stored within an enclosed building.
1.10Houses Moved to Property. No houses or barns may be moved to a property to be used as a main residence, guest quarters or barn or other outbuilding.
1.11Exterior Materials. The exterior materials of the main residential structure and any attached garage, guest houses, and servants' quarters shall be constructed of masonry, stucco, log, hardiplank, cedar, or other wood siding.
1.12Driveways. No construction of any improvements shall begin until a driveway crossing to the Main Road is constructed. Driveways shall be gravel, blacktop, tar and chip, or concrete. There shall be no dirt driveways. No property shall have access onto Cat Spring Road.
1.13Utility Lines. All utility service lines, including but not limited to electric, telephone, and TV must be installed underground from the Main Road to the main residence. Electric poles may be installed only if located behind the main residence and only if located a minimum of five hundred feet (500') from the Main Road. Electric poles shall not be placed within sixty feet (60') of side or rear Tract lines. Tract Number 14 containing 17 acres located in the southwestern corner of The Groves shall be permitted to install electric poles in front of the main residence as long as utility lines are installed underground for a minimum of six hundred feet (600') from the Main Road.
Section 2.Location of the Improvements on the Tract. No building or other improvements shall be located on any Tract nearer than:
a.one hundred fifty feet (150') to the center line of the Schmitt Creek Road and one hundred twenty-five (125') from the center line of Cat Spring Road, and
b.sixty feet (60') to the side or rear Tract line.
Section 3.Composite Building Site. Any Owner of one or more adjoining Tracts may consolidate such Tracts into one single-family residence building site with the privilege of placing or constructing improvements on such composite building site, in which case setback lines shall be measured from the resulting combined Tract lines rather than from the singular Tract lines.
A Tract Owner, who owns two or more contiguous Tracts, may combine said Tracts to form one Tract. However, the Owner of combined contiguous Tracts may transfer one of the Tracts only if no buildings are constructed within the setbacks, as defined herein, of any of the contiguous Tracts.
Section 4.Easements.
4.01As shown on the recorded plat, easements for installation and maintenance of utilities are reserved (or will be reserved) by Declarant, and no structure of any kind shall be erected upon any of said easements.
4.02 As shown on the recorded plat, the easements for the Main Roads are wider than the actual paved surface of the Main Roads. The Main Roads shall be constructed according to plans and specifications approved by Colorado County, Texas, for maintenance by Colorado County, Texas. However, each Tract Owner shall be solely responsible for the maintenance of any driveways from a Main Road to the Tract from that point where such driveways tie into the Main Road.
Section 5.Use Restrictions.
5.01Commercial Activity. No retail, industrial, multifamily construction, office building, or mixed use commercial construction is permitted on any Tract. Noxious or offensive activities of any sort including loud noises or anything done on any Tract that may be or become an annoyance or a nuisance to the neighborhood shall not be permitted.
5.02Home-based Businesses. Businesses and business activities not specifically excluded elsewhere in this instrument which involve use of office space which does not exceed one thousand (1000) square feet of space in either residence, garage or other building and which involve no retail or wholesale sales of products other than agricultural crops raised on the Property are permitted.
5.03Signs. Signs on the Property are prohibited, with the following exceptions:
Signs advertising the construction companies involved in the construction of improvements are allowed during the construction phase. Signs advertising a property for sale or lease are also permissible. No sign may exceed six square feet or extend higher than four feet above the ground and no sign shall be illuminated. No more than three signs shall be installed on the property at any single point in time.
5.04Outdoor Lighting. No continuously lit unshielded lamp or light of any kind is permitted. A security light, or lights, mounted on a building is permitted so long as it has a shade or shield that prevents the light from shining directly onto the ground within sixty feet (60') of side or rear boundaries.
Lighted outdoor riding and/or roping arenas without roofs are prohibited.
5.05Temporary Structures. No structures of a temporary character, mobile home, trailer, tent, shack, garage, barn or other outbuildings shall be used on any Tract at any time as a primary residence. Buildings used for accessory or storage purposes shall be limited to not more than forty-five feet (45') in height. Temporary structures may be used as building offices and for related purposes during the construction period. Such structures shall be inconspicuous and shall be removed immediately after completion of construction.
5.06Subdivision. No Tract as platted may be subdivided by the Grantee, their successors or assigns.
Section 6.Storage of Automobiles, Boats, Trailers and other Vehicles. No boat trailers, boats, travel trailers, motor vehicles, campers, trailers or vehicles of any kind shall be stored or parked outside of a building on the property. All such items shall be stored inside a building.
No semi trucks or trailers are allowed to be parked or stored on any Tract or within any Main Road right-of-way, except temporarily as needed to make deliveries to Tract Owners.
Section 7.Mineral Operations. No oil, gas or other mineral drilling, development operations, refining, quarry, or mining operations of any kind shall be conducted or permitted upon or in any Tract. No wells (excluding water wells and septic tanks), tanks, tunnels, mineral excavation, or shafts shall be conducted or permitted upon or in any Tract. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained, or permitted upon any Tract.
Section 8.Agricultural Use. For purposes hereof, the term "agricultural use" shall be limited as follows:
8.01Commercial Livestock. Raising of livestock and poultry shall be permitted; however, commercial feed lot type operations are prohibited. Livestock shall be limited to one (1) animal unit per acre. Commercial poultry operations are strictly prohibited. No swine shall be raised or maintained on the property, except as non-commercial livestock described in paragraph 8.02. Any animal with un-weaned offspring shall be deemed and considered to be a single animal unit.
8.02Non-commercial Livestock and Poultry. Rabbits, poultry, swine and other livestock raised for non-commercial purposes, including as 4-H, FFA, and vocational agricultural projects and for personal use, shall be allowed only if maintained at least fifty feet (50' )behind the back wall of the main residence in a fenced or penned area located no nearer than sixty feet (60') from any Tract line. In such instances, swine shall be limited to two animal units per Tract.
8.03Crops. Raising of crops is permitted with no restrictions.
8.04Dogs and Cats. Dogs shall be limited to one dog per two acres and not to exceed four dogs per Tract. If two or more Tracts are combined for one residence, the total number of dogs allowed shall not exceed the number that would be allowed for all of the combined Tracts if sold individually. Dogs shall not be allowed to roam freely and must be leashed or confined within a building or fenced area. Cats shall be limited to one cat per two acres.
No boarding of dogs, cats or other pets is allowed if such boarding would cause the number of animals to exceed the number permitted herein.
Section 9.Noxious or Dangerous Activities. Any activities that may endanger the health or unreasonably disturb the peaceful enjoyment of other Owners of adjoining land are prohibited.
9.01Firearms. No pistol, rifle, shotgun or any other firearm or explosives or any other device capable of killing or injuring or causing property damage shall be discharged on any part of the Property, except for the protection of Owners of the Tracts and their property or animals from predators or nuisance varmints in a lawful manner.
9.02All Terrain Vehicles. Dirt bike riding is prohibited. Use of all terrain vehicles (ATVs) is permissible as long as the noise does not disturb the peaceful enjoyment of other Property Owners.
Section 10.Walls, Fences and Hedges. If the Owner chooses to fence, each Tract having frontage on the Main Roads shall be fenced and constructed as specified hereafter in order to maintain continuity and consistency ("the Main Road Fence"). The Main Road Fence shall be installed approximately six feet (6') from the County's right-of-way along Schmitt Creek Road in order to avoid interference with underground electric and phone lines. The Main Road Fence shall be installed no closer than fifteen feet from the County's right-of-way along Cat Spring Road at the point where there is a curve in Cat Spring Road that is located approximately one hundred feet (100') west of the center line of Schmitt Creek Road. At all other points along Cat Spring Road the Main Road Fence shall be installed approximately six (6) feet from the County's right-of-way. Specifications for the Main Road Fence are as follows:
10.01The Main Road Fence shall be constructed of five (5) boards that are two inches thick by six inches wide (2" x 6") that are treated pine or cedar wood or similar natural hardwoods and stained with a solid color black stain.
The Main Road Fence shall be fifty-four inches (54") in height. The vertical supports of the Main Road Fence shall be either four inches by four inches (4" x 4"), four by six inches (4" x 6") or six inches by six inches (6" x 6") on eight-foot (8') centers.
There shall be four (4) equidistant horizontal cross-members of the Main Road Fence. The cross-members shall be two by six (2” x 6”) planks. There shall be one (1) horizontal cap over the vertical supports constructed of two by six (2” x 6”) planks. The lowest horizontal cross-member shall be eleven inches (11”) from ground level. The other three (3) horizontal cross-members shall be approximately seven inches (7”) from the cross-member below. Fencing must be maintained, stained with solid color black stain and kept in good repair.
10.02Side boundary fencing shall not exceed fifty-four inches (54") in height from the front property line that is the Schmitt Creek Road right-of-way extending to the rear wall of the main residence. Behind the rear wall of the main residence the side boundary fencing shall not exceed seventy-two inches (72") in height. The height of rear fencing is not limited. Side and rear boundary fencing may be constructed of wire fencing. Hurricane-type or chain-link fences are prohibited for use as boundary fencing. Chain link fencing that is constructed at least sixty feet (60') from a side boundary for the purpose of confining dogs or poultry is permissible.
Any board fencing constructed along side boundaries between the front property line and the rear wall of the main residence must meet the specifications set forth for the Main Road fencing. Board fencing installed behind the rear wall of the main residence shall not exceed seventy-two inches (72") in height.
10.03Shrubbery, trees and hedges are permitted along all boundaries, except the boundary along Schmitt Creek Road. No fencing, shrubbery or trees shall be planted by Owner within six feet (6') of the Schmitt Creek Road right-of-way or within the Schmitt Creek Road right-of-way in order to avoid interference with underground electric and phone lines. Existing trees within six feet (6') of the Schmitt Creek Road right-of-way may remain. The Schmitt Creek Road right-of-way is approximately fifteen feet (15') outside the edge of the Schmitt Creek Road pavement and twenty-five feet (25') from the centerline of the Schmitt Creek Road. No fencing, shrubbery or trees shall be planted by Owner within the Cat Spring Road right-of-way, which is approximately twenty-five feet (25') from the edge of the Cat Spring Road pavement. Existing trees within the Cat Spring Road right-of-way may remain in place; however, Colorado County may remove existing trees at its discretion.
Section 11.Protection of Creek and Drainage. No obstruction of the creeks on the property shall be permitted. Tracts 2, 4, 5 and 6 have creek frontage. Construction of ponds, driveways, and buildings shall be done in such a manner that water shall not be caused to pool on any other Tract.
Section 12. Septic Systems and Water Wells. Prior to occupancy of a home, or any livable building each Tract Owner shall construct, install and maintain a septic tank and soil absorption system in accordance with the specifications for same as established by the laws of the State of Texas and the rules and regulations of Colorado County, Texas. If such septic system complies with such specifications, but still emits foul or noxious odors or unsafe liquid onto streets, ditches or adjoining Tracts, such system shall be modified so as to eliminate such foul or noxious odors or unsafe liquid.
Water wells shall be drilled and maintained in accordance with the laws of the State of Texas and the rules and regulations of Colorado County, Texas.
Section 13.Mowing. Each Tract Owner is responsible for cutting the grass on his/her Tract a minimum of once annually prior to and following construction of a residence.
ARTICLE III
GENERAL PROVISIONS
Section 1.Enforcement. All restrictions, conditions, covenants, and reservations imposed by the provisions of this Declaration shall run with the land. Any Owner, or the Declarant, shall have the right to enforce all restrictions, conditions, covenants, and reservations imposed by the provisions of this Declaration. Failure by the Owners or the Declarant to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Owners or Declarant may recover reasonable attorney fees and court costs incurred in the effort to enforce the deed restrictions.
Section 2.Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first thirty (30) year period by an instrument signed by those Owners of the Tracts owning not less than eighty percent (80%) of the Tracts, and thereafter by an instrument signed by those Owners of the Tracts owning not less than sixty-five percent (65%) of the Tracts.
Section 3.Annexation. Declarant may annex additional residential property and/or Common Area to the Property without approval or consent of Owners of the Tracts.
