WHITETAIL SUBDIVISION
The
State of
§ KNOW
ALL MEN BY THESE PRESENTS:
WHEREAS, REPUBLIC BUILDERS, INC., INTENDS TO SEE THE
DEVELOPMENT OF THIS PROPERTY SERVE THE MAXIMUM BENEFIT AND PLEASURE OF THE
OWNERS OF TRACTS AND HOMES IN THE AREA REFERRED TO, AND INTENDS TO MAINTAIN THE
PROPERTY THEREOF, AND DOES HEREBY SET FORTH THESE PROTECTIVE AND RESTRICTIVE
COVENANTS REGARDING THE USE OF SAID LAND
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Republic Builders, inc. a Texas
Corporation, does hereby make and file the following declarations,
reservations, protective covenants, limitations, conditions, and restrictions
regarding the use of the tracts located in Whitetail Subdivision, Section
II< as shown by the plat of record in Cabinet D, Slide 141, of the Plat
Records of Williamson County Subdivision Records, the structures to be placed
thereupon, and the development of the area in its entirity, as follows:
A. The
property hereby conveyed shall be used for residential purposes only and no part
of same shall ever be used for any business or commercial purpose or for
carrying on a trade or profession. No
residence trailers or mobile homes shall be allowed. No old houses shall be moved in without the
prior written consent of the Architectural Control Committee. Used lumber may be used for construction only
after the prior consent of the Architectural Control Committee is obtained.
B. The
property shall not be divided or resubdivided or cut into smaller parcels or
tracts unless such resubdivision shall be expressly approved in writing by the Architectural
Control Committee hereinafter named. Under
no circumstances shall any resubdivision ever be approved unless all tracts
resulting from such resubdivision contain at least an area two (2) acres in
size and have adequate access. Only one
single family dwelling shall be erected on the property unless a resubdivision
of same is approved, in which event, only one single family dwelling shall be
erected on any one tract. If any
resubdivision of the property is permitted by the Architectural Control
Committee, the creation of adequate utility easements will likewise be a
prerequisite to the approval of any such resubdivision.
C. No
building shall be nearer than 50 feet to the road upon which property abuts and
no nearer than 20 feet to any of the other property lines. Fences placed forward of the front of any
residence shall require the approval of the Architectural Control Committee.
D. Permanent
residences constructed on the subject property shall have a living area of no
less than one thousand five hundred (1,500) square feet exclusive of garages,
carports, and porches. Separate garage
buildings, servants’ quarters of one story or a one-story guest house must be
of all new material and must be of equal construction and design as the main
residence. Any variation from this
restriction must have prior written approval of the Architectural Control
Committee.
E. Temporary
or prefabricated residences may be permitted on tracts designated as “Investment
Tracts” provided the prior written approval of the Architectural Control
Committee is obtained. The Architectural
Control Committee shall have full jurisdiction over rules and regulations
governing temporary residences, and their written approval of any such
structure will be mandatory. Written
approval of the Architectural Control Committee will be required before any
recreational vehicle or camper is stored or parked on the property. “Investment Tracts” shall be defined for the
purposes of this covenant as tracts containing seven (7) or more net acres.
F Any
lodge or residence constructed on the property shall have a three piece
bathroom minimum and may have a lavatory, commode, and shower stall with septic
tank and drain field acceptable to seller; the kitchen shall have a minimum of
one kitchen sink and all plumbing is to be installed in keeping with good
plumbing practices. No outside toilets
shall be permitted.
G. In the
event of the installation of septic-tank soil-absorption sewage-disposal system
same shall be in accordance with minimum recommendations by the Division of
Sanitary Engineering, Texas State Department of Health, and inspected by a duly
authorized agent of the Williamson County Health Department. Written certification by inspecting agency
that said installation is within said recommendations shall be presented to
Seller by Buyer prior to occupancy of premises.
H. Outside
wall area of permanent residences shall have a minimum of fifty percent (50%)
masonry construction consisting of brick, ledge-stone, fieldstone, or native
type of stone veneer.
I. No
hogs will be allowed and it is agreed by Buyer herein he will keep said tract
in a clean and orderly manner at all times.
If this is not done and a complaint is filed against Owner by a majority
of tract owners owning land within 500 feet of this tract, Seller shall have
the right to clean said tract and add such cost to the remaining balance on
this contract and to charge ten percent (10%) per annum interest thereon.
J. The keeping
of animals, livestock or poultry other than those that can be classified as
household pets shall be governed by the Architectural Control Committee. With prior written approval of the Architectural
Control Committee a limited number of livestock, excluding hogs, may be kept
for personal pleasure or hobby, the variety and number of which shall be at the
sole and exclusive direction of the Architectural Control Committee. As a guideline, not more than one animal unit
per two acres will be authorized by the Architectural Control Committee.
Buildings,
fences equipment and housing to be used by such animals must be approved by the
Architectural Control Committee. Said
premises where said animals are located must be kept clean, odorless, sanitary,
insect free and otherwise in a good sightly condition. If the premises whereupon animals are located
are not so maintained and a complaint is filed concerning said condition by a
majority of the tract owners owning land within 500 feet of the tract in question,
the Architectural Control Committee shall have the right to cause such work to
be performed and the cost of such work shall be charged against the owner of
the tract in question plus ten percent (10%) and said sum may be added to the
sales contract and to prevent such conditions said committee may, if it seems
advisable, after ten (10) days notice in writing to the owner of said tract by
certified mail return receipt requested, shall be held harmless by owner from
any and all liability incident to such conduct.
K. No
tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be
kept except in sanitary containers. All
incinerators or other equipment for the storage or disposal of such material
shall he kept in a clean and sanitary condition. No junk or wrecking yards shall be located on
any tract. Material of any kind stored
on said property shall be arranged in an orderly manner on the rear one-third
(1/3) of said property, shall be properly covered, and shall be allowed only so
long as Seller in its best and sole judgment deems such storage to be in the
best interest of the property.
L. No
firearms shall be discharged, except shotguns may be used for bird shooting and
skeet or trap shooting on tracts designated as “Investment Tracts.” Other explosives will not be discharged on
the premises.
M. No
building should be erected, placed, or altered on any lot until the
construction plan specifications and a plan showing the location of the
structure have been approved by the Architectural Control Committee as to the
quality of workmanship and materials, harmony of external design and existing
structures, and as to location with respect to topography and finish grade
elevation. At the same time of the delivery
of the plans and specifications, owner shall also deliver a plat plan of said
tract showing the exact location of the improvements to be constructed
reflecting set back and other information that may be desired by the committee.
N. Seller
hereby appoints an Architectural Control Committee of Patricia Crum Morris,
N.G. Whitlow, Russell D. Parker, Charles M. Christensen, and Tom E. Nelson, Jr.. A majority of this committee may designate a
representative to act for it. In the
event of death or resignation of any member of the committee, the remaining
members shall have full authority to designate a successor. Neither the members of the committee, nor its
designated representative, shall be entitled to any compensation for services
performed pursuant to this covenant.
Said committee shall be empowered to consider requests for variances
from the restrictions contained herein and to grant same if found by the
committee to be desirable from the standpoint of balancing the needs of the
applicant with the needs of all owners within the subdivision to avoid
substantial disruption of the overall plan or scheme of development of said
land. Said committee is hereby empowered
to relocate easements anywhere within said subdivision provided that in the
case of utility easement, utility companies have not already installed
utilities.
O. These
restrictions provide for certain charges to be paid by the Owners of the
various lots in the subdivision and penalties and interest thereon as to any of
such charges that are not paid. These
restrictions further provide against resubdividing or dividing lots or tracts
in the subdivision into smaller tracts unless such resubdivision is approved by
the Architectural Control Committee.
Republic Builders, Inc., the present owner of the subdivision and each
lot intends to sell a number of the lots in the subdivision to the Texas
Veterans Land Board. Since the Texas
Veterans Land Board cannot by law be obligated to pay the charges, interest and
penalties imposed by these restrictions on the Owners of property in the
subdivision, not can any restrictions be placed upon such tracts or lots in the
subdivision which prevent or restrict resubdivision by the Texas Veterans Land
Board, Republic Builders, Inc. here says that those portions of the above
restrictions which require the Owner of a tract in the subdivision to pay
charges, interest or penalties will not be enforced as to the Texas Veterans
Land Board. The said charges, penalties
and interest will, however, be enforced and collected from the Texas veteran
purchasing any tract in the subdivision from the Texas Veterans Land Board or
from any person who may purchase from such veteran or the Texas Veterans Land
Board. With respect to the portion of
the restrictions which prevent the resubdivision of lots into smaller tracts,
no person purchasing a tract in the subdivision from the Texas Veterans Land
Board will be permitted to resubdivided such tract into smaller tracts without
the permission of the Texas Veterans Land Board. The person who is purchasing such tract from
the Texas Veterans Land Board and desiring to resubdivide such tract or divide
the same into smaller tracts shall make written application to the Texas
Veterans Land Board. A copy of such
application to resubdivide such tracts into smaller tracts shall be sent tot
the Architectural Control Committee of Whitetail Subdivision, Section II. The Texas Veterans Land Board shall have the
right to permit such resubdivision into smaller tracts. When the Texas Veterans Land Board has been
paid in full and the tract deeded to the person purchasing such tract from the
Veterans Land Board by the Veterans Land Board, the restrictions as to
resubdivision into smaller tracts as originally set forth shall apply.
P. These
restrictions are to run with the land until January, 2004, and extend
automatically for additional periods of ten (10) years each unless the record
owners of a majority of the tracts in Whitetail through a duly recorded written
instrument or instruments amend or cancel the same.
Q. All
covenants and restrictions shall be binding upon the purchaser, his successors,
heirs or assigns, and said covenants and restrictions are for the benefit of
all tract owners.
R. Invalidation
of any one of these covenants or restrictions by judgment of any court shall in
no wise affect any of the other provisions which shall remain in full force and
effect. Such restrictions may be changed
only by vote of the owners of the tracts in said subdivision, with each tract
carrying one vote, not counting fractional tracts.