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RESTRICTIONS INDIAN TRAILS ADDITION, CITY OF
ABILENE, TAYLOR COUNTY, TEXAS
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TAYLOR §That, WHEREAS, C. L. B. TRIBE, INC., a Texas Corporation, is the Owner and Developer of the following described property, to-wit:
15.75 acres out of 65.87 acres described on attached Exhibit WHEREAS, the Owner desires to restrict the use of said property in order to secure the erection of residences of high grade, insure uniformity and harmony in the character of such buildings, and to carry out a general plan for the protection, benefit, use and convenience of each and every purchaser; and
WHEREAS, said Owner desires to restrict the use to which said property may be put and the character of improvements in accordance with a general plan, which may be erected thereon, binding upon the purchasers, lenders, their successors, heirs, and assigns.
PROTECTIVE COVENANTS AND RESTRICTIONS Each Lot situated in said addition shall be subject to the following Restrictions and shall be developed, constructed, owned, occupied, used, and maintained as follows:
USE: All Lots shall be used, known, and described as single-family residential Lots. Each Lot shall occupy a single-family dwelling. No Lot may be subdivided. No building or structure shall be erected, altered, placed, or permitted to remain on any Lot other than a single-family dwelling with any usual and customary accessory structure(s). No building or structure intended for or adapted to commercial and/or business purposes shall be erected, placed, permitted, or maintained.
ARCHITECTURAL CONTROL: No dwelling or accessory structure shall be erected or maintained on any Lot until the building plans and specifications and a plot plan showing the proposed location have been approved by Developer or a representative designated by it. This section shall be applicable to initial construction and to alterations, changes, variances and additions for a period of ten (10) years.
OCCUPANCY: Each living unit will be occupied by only one family consisting of persons related by blood, adoption, or marriage, or by no more than two unrelated persons living together as a single housekeeping unit.
DESIGN: All buildings and structures shall be of new construction and no old buildings or structures shall be moved in or on any part of the subdivision. No mobile home, house trailer, shack, or tent shall be permitted in or on any part of the subdivision.
BUILDING LINES:
a) All dwellings shall be constructed to front on the street on which the Lot fronts unless any Lot in question fronts on two streets, in which case the dwelling constructed on such Lot shall front as the Developer or a representative designated by it may approve.
b) All accessory structures shall be erected and maintained within the fenced, walling, or enclosed portion of the Lot.
c) No dwelling or accessory structure shall be erected or maintained nearer to the side property line of any Lot as required by the City of Abilene.
d) All permanent structures shall be erected or placed outside of any easement on Lot. In the event a structure is placed on an easement, Lot owner shall promptly remove such structure, at Lot owner's expense, upon notification by the Developer, a representative designated by the Developer, or a holder of the easement.FLOOR SPACE: The floor area (that enclosed for heating or air conditioning) of any home shall not be less than eighteen hundred (1800) square feet. No residence may exceed two and one-half (2 1/2) stories in height, in which the first floor (that enclosed for heating or air conditioning) shall be a minimum of thirteen hundred (1300) square feet.
EXTERIOR:
a) All dwellings shall be constructed of stone, masonry, brick, or of a glass building material of the kind usually used for outside wall construction or such other materials as may be approved by the Developer or a representative designated by it, to the extent of at least seventy-five percent (75%) of the area of the outside walls on the first floor. The second floor of such dwellings may be masonry, masonite siding, or other material as may be approved by the Developer.
b) All accessory structures shall be constructed of new material of masonry, masonite siding or enameled steel siding.
c) All exterior surfaces on all dwellings and accessory structures, including any painted or stained wood surfaces and garage doors, must be maintained in good condition and repainted or stained as needed.
d) The installation of solar panels on any roof or other portion of a residence that is visible from any adjacent street is expressly prohibited.
e) All window coverings must be of traditional shutters, blinds, or drapes. Window coverings such as foil, bedding, and newspaper are expressly prohibited.
f) TV dishes that are larger than 18 inches in diameter must not exceed fence height and will be screened from street view.
g) No window or wall type air conditioner or heater shall be permitted, erected, placed, or maintained on or in any dwelling. No window or other style heater or air conditioner used in an accessory building shall be visible from any street.
h) Owners shall keep exterior lighting and mechanical facilities in good repair.
i) Exterior paint colors on dwellings and accessory structures shall be of neutral color, or as Developer may approve.ROOFS: Roofs shall be a minimum roof pitch of 7/12 (7" rise per foot of run) excluding porch and patio. Roofs shall be of "Oakridge II" shingles, or equivalent, or of other material as may be approved by the Developer or a representative designated by it. Roof colors shall be taupe, gray, or black, and Developer must approve any other colors. White, green, and blue roofs are strictly prohibited. Owner shall keep roof in good repair.
GARAGES:
a) Each single-family residential dwelling shall provide a minimum garage space of 24 feet by 24 feet with the doors being two (2) 8 feet by 9 feet doors or one (1) 8 feet by 18 feet door. Garage entrances shall be side or rear. All interior garage walls shall be finished with drywall materials and painted. Owners shall keep garage doors in good repair.
b) Garages originally built on a Lot shall be used exclusively for the parking of vehicles and the storage of household goods normally kept in garages and shall not be enclosed for use as a part of the residence.DRIVEWAYS: All driveways shall be entirely of concrete. Owners shall keep parking areas and driveways in good repair.
FENCES: All Lots shall be fenced on the property line with no fence nearer to the front than the front building line. All fences shall be six (6) feet in height. Fences shall be constructed of new material of wood or masonry, or of other material as may be approved by the Developer, as to provide privacy screening. Fences will be regularly maintained and not allowed to deteriorate to an unsightly state of repair.
LANDSCAPING: Each Lot on which a home is constructed shall have landscaping, including, but not limited to, shrubs, flowers, trees, ground cover, and grass, of a sufficient quality, quantity, and design to be compatible with the neighboring Twin Oaks Addition. Landscaping of a Lot shall be completed within one hundred eighty (180) days after the date on which conveyed from homebuilder to homeowner. Lot owners shall use reasonable efforts to preserve, keep, and maintain the landscaping in a healthy and attractive condition. Each Lot owner shall mow and maintain the landscaping and vegetation on his Lot, including right-of-ways, in such a manner as to control weeds, grass and/or other unsightly growth.
MAILBOXES: Mailboxes, other than those provided for by the U. S. Postal Service, shall be constructed of brick, or other material and design to match the residence as approved by the Developer or a representative thereof.
CONSTRUCTION COMPLETION TIME: All dwellings and structures permitted shall be completed within nine months from date of commencement of construction. Date of commencement is the date the foundation perimeter forms are set up.
SIGNS: No sign shall be erected or maintained on any Lot, except a "for sale" sign, which shall not exceed 10 square feet in size, or a sign owned by the Developer.
GENERAL RESTRICTIONS
a) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or other household pets (as defined by the City of Abilene) may be kept, provided that they are not kept, bred, or maintained for any commercial purposes. The number of pets per Lot will not exceed the City of Abilene limitations.
b) No noxious or offensive act or activity shall be allowed on any Lot, nor shall anything be done thereon which may become an annoyance or a nuisance to neighbors. No vehicle of any size that transports inflammatory or explosive cargo may be kept in Section 1 at anytime. Owners shall comply with the applicable ordinances of the City of Abilene.
c) No boat, trailer, mobile home, camper, recreational vehicle, boat trailer, inoperable vehicle, or similar wheeled vehicle shall be stored or parked (except temporarily, not to exceed 72 hours) on any Lot except in a closed garage or within the fenced, walling, or enclosed portion of such Lot.
d) No Lot shall be used for the dumping or storage of rubbish, trash, debris, surplus soil, or rocks, etc., unless temporarily permitted by Developer or a representative designated by it.
e) No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot, unless under the direct authority of the City of Abilene.
f) On-street parking is prohibited except to short-term guests of Lot owners.
g) No exterior storage of any items of any kind shall be permitted except that they are screened or concealed from view of neighboring properties, living units, pathways, and streets, except with prior written approval and authorization of Developer.
h) No Owner shall permit any thing or condition to exist upon any Lot which shall induce, breed, or harbor plant disease or noxious insects.
i) Trash cans shall be set out only on days designated by the City of Abilene for pick-up. Trash boxes, trees, and items other than household trash, shall only be set out on the City of Abilene's scheduled pick-up days.
j) If after ten (10) days prior written notice an Owner shall fail to: (i) control weeds, grass, and/or other unsightly growth; or (ii) remove trash, rubble, building and construction debris; or (iii) exercise reasonable care or conduct to prevent or remedy an unclean, untidy, or unsightly condition, then Developer shall have the authority and right to go onto Lot for the purpose of mowing and/or cleaning Lot and shall have the authority and right to assess and collect from the Lot Owner a reasonable sum for mowing and/or cleaning Lot on each respective occasion of such mowing and/or cleaning. The assessments, together with interest (at the highest permitted lawful rate per annum) thereon, and costs of collection thereof, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest thereon, and costs of collection thereof, shall be the continuing personal obligation of the Owner of such Lot at the time when the assessment occurred. The lien securing any such assessment shall be subordinate and inferior to the lien of any bona-fide mortgage and any renewals or extensions thereof against such Lot.
GENERAL PROVISIONS
DURATION: These Covenants and Restrictions shall run with and bind the land and shall inure to the benefit of and be enforced by the Developer, a representative designated by it, and/or the Owner of any Lot in Section 1, their respective legal representatives, heirs, successors, and assigns for a term of 25 years from the date these Restrictions are recorded.
ENFORCEMENT: Enforcement of these Covenants and Restrictions may be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages. or both, or enforcement of any lien created by these Covenants and Restrictions; but failure by the Developer 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. Developer shall not have any duty, obligation, or responsibility to enforce these Restrictions. The City of Abilene, Texas, is specifically authorized (but not obligated) to enforce these Covenants and Restrictions. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney fees from the non-prevailing party.
VALIDITY: Violation of or failure to comply with these Covenants and Restrictions shall not affect the validity of any mortgage, bona-fide lien, or other similar security instrument which may then exist on or against any Lot. Invalidation of any one, or more, of these Covenants and Restrictions, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these Covenants and Restrictions conflicts with mandatory provisions of any ordinance or regulation promulgated by the City of Abilene, Texas, then such municipal requirement shall control.
HEADINGS, GENDER and NUMBER: The headings contained in this Declaration are for reference purpose only and shall not in any way affect the meaning or interpretation of this Declaration. Words of any gender used herein shall be heard and construed to include any other gender, and words in the singular shall be heard to include the plural, and vice-versa, unless the context required otherwise.
NOTICES TO OWNER: Any notice required to be given to any Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last known address of the person whose name appears on the Warranty Deed recorded in the Deed Records of Taylor County, Texas.
NOTICES TO MORTGAGEES: The holder(s) of a mortgage may be furnished with written notification from Developer of any default by the respective Mortgagor/Owner in the performance of such Mortgagor's/Owner's obligations as established by this Declaration, provided that the Developer has been theretofore furnished, in writing, with the correct name and address of such Mortgage holders and a request to receive such notification.
SUCCESSORS AND ASSIGNS OF DEVELOPER: Any reference in these Restrictions to Developer shall include any successors or assigns of Developer.
LIMITATION OF LIABILITY: In the absence of gross negligence or willfulness conduct attributable to Developer, its successors or assigns, neither Developer, its successors or assigns, shall have any liability arising out of the performance or nonperformance of any of the rights and powers reserved unto Developer, its successors or assigns, pursuant to these Restrictions.
IN WITNESS WHEREOF, C. L. B. TRIBE, INC., a Texas Corporation, has caused this instrument to be executed this ________ day of April, 2006.
C. L. B. TRIBE, INC.
By:_________________________________ Charles Lee Bledsoe, PresidentTHE STATE OF TEXAS §
COUNTY OF TAYLOR §
This instrument was acknowledged before me on the ________ day of April, 2006, by Charles Lee Bledsoe, President of C. L. B. TRIBE, INC., a Texas Corporation, on behalf of said corporation.
____________________________________ Notary Public, State of Texas
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