DECLARATION OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
STATE OF TEXAS
KNOW ALL MEN BY TERSE PRESENTS:
THAT RIDGEWOOD ESTATES,
INC., a Texas Corporation, acting by and through its duly authorized, officers,
Barry Kendrick and Vivian Kendrick, hereinafter called the Declarant,
is the owner of all that certain real property located in WILLIAMSON County,
Texas, described as follows:
Lots 1-4 Section One of Ridgewood Estates a subdivision recorded in Cabinet L, Slide 324-325 of the Deed Records, Williamson County, Texas
WHEREAS, the Declarant will
convey the above described properties, subject to certain protective covenants,
conditions, restrictions, liens, and charges as hereinafter set forth;
NOW, THEREFORE, it is hereby
declared that all of the property described above shall be held, sold and
conveyed subject to the following easements, restrictions1 covenants
and conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with, the real property and shall be
binding on all parties having any right, title or interest in or to the above
described property or any part thereof, and their heirs successors and assigns,
and which easements, restrictions, covenants and conditions shall inure to the
benefit of each owner thereof.
DEFINITIONS
Owner
1.01 “Owner” shall mean and refer to the
recorded owner, whether one or more persons or entities, of the fee simple
title to any Lot or portion of a Lot on which there is or will be built a
detached single family dwelling, (except as herein specified) including
contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
1.02 Properties shall mean and refer to that
certain real property hereinbefore described.
1.03 “Lot” shall mean and refer to that portion of any of the plots
of land shown upon the plat and subdivision map recorded in Cabinet L, Slides
324-325, Williamson County Deed Records.
1.04 “Declarant” shall mean and refer to RIDGEWOOD ESTATES, INC. its
successors and assigns, if such successors or assigns shall acquire more than
one undeveloped Lot from Declarant for the purpose of development.
Article II
ARCHITECTURAL CONTROL
Architectural Control Committee
2.01 Declarant
shall designate and appoint an Architectural Control Committee consisting of
not less than two (2) qualified persons, which committee shall serve at the
pleasure of the Declarant, and shall be initially composed of Barry Kendrick
and Vivian Kendrick. The Architectural Control Committee shall have the right
to grant variances to these restrictions and requirements from time to time as
it shall deem fit without the approval and/or consent of any Lot owner. All
such variances shall be in writing and shall be executed by all members of the
Architectural Control Committee to be effective and enforceable. The
Architectural Control Committee shall exist until a single family dwelling
shall be constructed on each of the Lots.
2.02 No
building, fence, wall, or other structure shall be commenced, erected, or
maintained upon the Properties, nor shall any exterior addition to, or change
or alteration therein, be made, nor shall any landscaping of any Lot or Lots be
undertaken, until the plot plan and the plans and specifications of any and all
improvements of whatever nature and kind showing the nature, kind, color,
shape, height, materials and location of the same shall have been submitted to,
and approved in writing by, the Architectural Control Committee as to harmony
of exterior design and location in relation to surrounding structures and
topography.
With respect to the
foregoing, all such submission’s of the above described plans and specifications
shall comply with a “Plan Approval Process and Permit Requirements” (attached
hereto as Exhibit “A”) as shall be reasonably established time to time in
writing by the Declarant which shall set forth the requirements of securing the
above described approvals and shall establish certain fees to be paid for
approving said plans, securing certain permits, and/or inspections.
Failure of Committee to Act
2.03 In the event that any plans and specifications are submitted
to the Architectural Control Committee as provided herein, and such Committee
shall fail either to approve or reject such plans and specifications for a
period of twenty (20) days following such submission, approval by the Committee
shall not be required, and full compliance with this Article shall be deemed to
have been bad, provided the applicant has paid all fees required under the
above described Plan Approval Process and Permit Requirements and has otherwise
satisfied all other minimum requirement as herein specified.
Article Ill
USE RESTRICTIONS
Type of Buildings Permitted
3.01 Except as expressly provided for herein, all Lots shall be
used for residential purposes only and no building shall be erected, altered,
placed or permitted to remain on any Lot other than one detached single family
dwelling not to exceed two stories in height and a private garage for not more
than six (6) automobiles and a minimum of two (2) automobiles; all garages
shall be attached to the house unless otherwise approved in writing by the
Architectural Control Committee and shall be either side entry or rear entry.
Minimum Floor Area and Exterior Walls
3.02 Any single story residence constructed must have a ground
floor area of not less than one thousand five hundred (1,500) square feet,
exclusive of open or screened porches, terraces, patios, driveways, carports
and garages. Any residence other than a single story residence must have not
less than one thousand (1,000) square feet of ground floor living area and not
less than one thousand five hundred (1,500)
square feet of total living area, exclusive of open or screened porches,
terraces, patios, driveways, carports and garages. The exterior walls of any
residence’s shall consist of not less than seventy five per cent (75%) masonry
construction. The Architectural Control Committee reserves the right to grant a
variance to such square footage and/or masonry requirement on a case-by-case
basis should the style or type of architecture of a particular plan not be
appropriate or compatible with such requirements.
Other Construction Requirements
3.03 In addition to any other requirement as herein specified all
Lots in this subdivision and any improvements situated on said areas shall be
subject to the following, to-wit:
(a) All houses shall be completed in accordance with the plans and
specifications as submitted to and approved by the Architectural Control
Committee, including cleanup and landscaping within one (1) year from the date
the slab is poured.
(b) All houses or outbuildings constructed in this subdivision shall
have a non-reflective, fire retardant roof with a 25 year estimated
life. It being expressly agreed and understood that a masonry, tile or
“Timberline” roof is hereby permitted as well as such other types of roofs as
shall be approved in writing by the Architectural Control Committee from time
to time. No wood shingle roofs shall be permitted unless the same have been
treated to be fire retardant and have received written approval of the
Architectural Control Committee.
(c) All drives and parking areas shall be constructed of asphalt,
concrete, pavers or other material deem acceptable by the Architectural Control
Committee.
Setbacks
3.04 No building shall be
located on any Lot nearer to the front Lot line than forty (40’) feet or nearer
to the side street line than twenty-five (25’) feet. There shall be no building
constructed on any Lot nearer than twenty-five (25’) feet from the
rear property line or any side Lot line. For purpose of this covenant, eaves,
steps and open porches shall not be considered as a part of the building;
provided, however, that this shall not be construed to permit any portion of
the building on any Lot to encroach upon another Lot. The Architectural Control
Committee shall have the right to grant variances to the foregoing on a case by
case basis due to the location of trees on a. Lot, the shape or terrain of a
Lot, or, on such basis as it shall deem reasonably necessary. If two or more
Lots, or fractions thereof, are consolidated into a building site these building
setback provisions shall be applied to such resultant building site as if it
were one original, platted Lot.
Easements
3.05 Easements for the
installation and maintenance of utilities and drainage facilities arc reserved
as shown on the recorded plat and as filed from tune to time in the deed
records of WILLIAMSON County, Texas. No utility company, cable T.V. company,
water district, political subdivision, or other authorized entity using the
casements herein referred to shall be liable for any damage done by them or
their assigns, agents, employees or servants, to shrubbery, trees or flowers,
or to other property of the Owner situated within any such casement.
Noxious or Offensive Activities Prohibited
3.06 No noxious or offensive
activity shall be carried on upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neighborhood whether
provided herein or not. No Owner may use a Lot for any purposes which would
violate or breach any of the laws or statutes of the State of Texas or the
Unites States of America.
Signs
3.07 Except for permanent signs
within the subdivision, no signs of any character shall be allowed on any Lot
except one sign of not more than six square feet advertising the property for
sale or rent; provided, however, that Declarant and any other person or entity
engaged in the construction and sale of residences or Lots within the
subdivision shall have the right, during the construction and sales period, to
construct and maintain such facilities as may be reasonably necessary or
convenient for such construction and sale, including, but not limited to,
signs, offices, storage areas and model units.
Oil Development Prohibited
3.08 No oil well drilling, oil
development operations, oil refining, quarrying or mining operations of any
kind shall be permitted on a Lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted on any Lot. No derrick or other structure
designed for use in boring for oil, natural gas or other minerals shall be
erected, maintained or permitted on any Lot.
Rubbish, Trash and Garbage
3.09 No Lot shall be used or
maintained as a dumping ground for rubbish or trash, and no garbage or other
waste shall be kept except in sanitary containers. All incinerators or other
equipment for the storage and disposal of such materials shall be kept in a
clean and sanitary condition, and except on days trash or garbage is collected,
the same shall be kept in such a manner as not to be visible from the street.
Animals
3.10 No animals, livestock or
poultry of any kind shall be raised, bred or kept on any Lot except that dogs,
cats, or other normal or typical household pets may be kept, provided that they
are not kept, bred or maintained for any commercial purpose and do not become
an annoyance or nuisance to the neighborhood.
Fences, Walls, and Hedges
3.11 No fence, wall, or hedge
shall be placed, or permitted to remain, on any Lot nearer to the street or
streets adjoining such Lot than is permitted for the main residence on such
Lot, except for decorative subdivision entry fences, except as herein expressly
provided.
Prohibited Activities
3.12 No professional, business
or commercial activity to which the general public is invited shall be conducted
on any Lot, except as provided in 3.07 above.
Propane Tanks
3.13 Any storage of propane or
similar product shall be, in either above or below ground tanks, strategically
placed out of site of public view of landscaped and/or fenced in a manner as to
visibly hide the tank.
Article IV
EASEMENTS
Reservation of Easements
4.01 All easements for the
installation and maintenance of utilities (including cable television) and
drainage facilities are reserved as shown on the plat recorded in Cabinet L,
Slide Nos. 324-325 of the P1st Records of WILLIAMSON County, Texas, as well as
any additional casements which may be recorded in the deed records of
WILLIAMSON County, Texas. No shrubbery, fence or other obstruction shall be
placed in any easement or street. Right of use for ingress and egress shall be
bud at all times over any dedicated casement, and for the installation,
operation, maintenance, repair or removal of any utility, together with the
right to remove any obstruction that may be placed in such easement which would
constitute interference with the use, maintenance, operation or installation of
such utility.
Article V
GENERAL PROVISIONS
Enforcement
5.01 (a) Right of Enforcement. Except as otherwise provided herein, any Owner at his own
expense and the Declarant shall have the right to enforce all of the provisions
of the RIDGEWOOD ESTATES Restrictions. Such right of enforcement shall include
both damages for, and injunctive relief against, the breach of any such
provisions.
(b) Nonwaiver.
The failure to enforce any provision of the RIDGEWOOD ESTATES RESTRICTIONS at
any time shall not constitute a waiver of the right thereafter to enforce any
such provisions or any other provision of said restrictions.
Severability
5.02 Invalidation of any one of
these covenants or restrictions by judgment or court order shall in no way
affect any other provision, and all other provisions shall remain in full force
and effect.
Duration and Amendments
5.03 The covenants, conditions,
and restrictions of this Declaration shall run with and bind the land, and
shall inure to the benefit of, and be enforceable by, the Declarant, the
Homeowners’ Association or the Owner of any Lot subject to this Declaration,
and their respective legal representatives, heirs, successors and assigns, and,
unless amended as provided herein, shall be effective for a term of twenty (20)
years for the date this Declaration is recorded after which the said covenants,
conditions and restrictions shall be automatically extended for successive
periods of ten (10) years. The covenants, conditions, and restrictions of this
Declaration may be amended during the first 20-year period by an instrument
signed by not less than ninety (90%) percent of the Lot Owners during any
succeeding ten-year period, the covenants conditions, and restrictions of this
Declarations may be amended during the last year of any such ten-year period by
an instrument signed by not less than sixty-five (65%) percent of the
Lot Owners. No amendment shall be effective until recorded in the Deed Records
of WILLIAMSON County, Texas, nor until the approval of any governmental
regulatory body which is required shall have been obtained.
5.04 Notwithstanding anything
to the contrary, the Declarant reserves unto itself so long as the Declarant
owns a majority of the Lots in RIDGEWOOD ESTATES SECTION ONE, to amend these
restrictions in any manner without the joinder or consent of any Lot
owner. No amendment by the Declarant
shall be effective until the same has been recorded in the office of the County
Clerk of WILLIAMSON County, Texas.
5.05 Any
notice permitted or required to be given by this Declaration shall be in
writing and may be delivered either personally or by mail. If delivery is made
by mail, it shall be deemed to have been delivered on the third (3rd) day
(other than a Sunday or legal holiday) after a copy of the same has been
deposited in the United States mail, postage prepaid, addressed to the person
at the address given by such person to the Declarant for the purpose of service
of notices, or to the residence of such person if no address has been given to
the Declarant. Such address may be
changed from time to tine by notice in writing given by such person to the Declarant.
EXECUTED
by the said Declarant, this
day
DECLARANT
Ridgewood
Estates, Inc.
a
Texas Corporation
By:
________________________________
Barry
D. Kendrick
its
President
THE STATE OF TEXAS $
$
COUNTY OF _________________ $
This
instrument was acknowledged before me on
_________________, ___________,
by Barry D. Kendrick, President of Ridgewood Estates,
Inc., a Texas corporation, on behalf of the said corporation.