DECLARATION OF RESTRICTIONS, EASEMENTS
AND LIMITATIONS
FOR
THE STATE OF
' KNOW ALL MEN BY THESE PRESENTS
Ranchette
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.
ARTICLE I
DEFINITIONS
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.
ARTICLE II
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.
ARTICLE III
ASSESSMENTS
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.
Section
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.
ARTICLE IV
EASEMENTS
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.
ARTICLE V
RESTRICTIONS
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.
Section
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.
ARTICLE VI
GENERAL
PROVISIONS
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
By:_____________________________
ANTONIO C. RENDON, Member
By:_____________________________
KENNETH G. PERSYN, Member
STATE OF
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
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