SPRINGLAKE SUBDIVISION, DRIPPING SPRINGS, TEXAS COVENANTS, CONDITIONS, AND RESTRICTIONS BY DEED

 

The conveyance made by the warranty deed of which this Exhibit is a part is subject to the Covenants, Conditions and Restrictions (Restrictions) set out herein. Such restrictions shall run with the land and shall be binding not only upon the owner of the property conveyed hereby, but also upon owners of all or any part of the entire tract of which this tract is apart, to-wit:

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714.99 acres of land more particularly described by a survey thereof attached hereto and incorporated herein for all pertinent purposes.

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Grantor may from time to time include additional property in this subdivision scheme. In such event the restrictions shall be reciprocally enforceable for and against such added property as aforesaid. The addition of property within the scheme shall be effected by the sale of property subject to these restrictions together with notice of such addition to the Property Owners Association. Notice shall be deemed had upon furnishing a property description of the added property to the Board of Directors.

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RESTRICTIONS

A. LAND USE

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1. The tracts out of the 714.99 acres described above together with any tracts subsequently added by the Grantor as aforesaid are intended for single family dwelling units and their use is restricted to that purpose. No commercial enterprise of any sort shall be situated on any tract included therein unless the Grantor chooses, in his sole discretion, to designate a tract commercial. Except however Grantor reserves the right to own, maintain, or lease an office upon any portion of the described property for the purpose of promoting or closing future land sales or administering the business of the Grantor.

2. All tracts shall be kept in a clean and orderly condition at all times, and all trash, garbage and other waste shall be kept in sanitary containers.

3. Consistent with the foregoing, no wrecking yard, junk yard or salvage yard is permitted. Automotive vehicles not in running condition shall not remain on the property more than thirty (30) days.

4. Commercial raising or feeding of animals or poultry is prohibited. Pigs and hogs shall not be housed or kept.

5. Hunting is prohibited on tracts of forty (40) acres or less.

6. Any crossing of clear live creeks or natural drainways shall be constructed in such a manner as not to cause muddy or polluted water downstream. The natural flow of Little Barton Creek shall not be impeded or changed in any fashion, nor shall the character of the stream be changed, without written permission from Grantor (any impoundment now existing may remain).

7. No gates or other cross structures, other than cattle guards, shall be placed on easement roads. All cattle guards shall be at least sixteen (16) feet in width.

8. No re-subdivision of this acreage tract shall be permitted for three (3) years from January 1, 1976. No subdivision tract shall be in parcels less than one (1) acre in size. Any such subdivided tract shall be conveyed subject to these restrictions including the set back provision below and shall be further encumbered by an easement along all boundaries thereof for benefit of utility companies as provided in this Deed instrument.

9. No mobile, modular, prefabricated or factory built home shall be situated on the property, permanently or otherwise. Campers and travel trailers with chemical toilets may be located on the property for residential or camping purposes provided that no such vehicle shall be located on the property for living purposes for a cumulative period in excess of seventy—five (75) days, regardless of the frequency of use during that period.1

10. Grantor reserves the right to run livestock on the property until Grantee fences his property.

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B. CONSTRUCTION AND ARCHITECTURAL CONTROL

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11.   No shacks or temporary structures are permitted.

12.  No used houses shall be moved upon the property, without the prior written consent of the Architectural 

      Control Committee.2

13.  No dwelling shall be constructed having a living area of less than 700 square feet exclusive of porches screened or unscreened, and all of such construction, once commenced, shall be completed expeditiously.

14.  Every building constructed shall be set back at least fifty (50) feet from the closest boundary of the fronting road easement and at least twenty—five (25) feet from the back and all side property lines. If a contiguous tract (or tracts) is later consolidated with the tract conveyed hereby, these set back provisions shall be applied not to this original tract but to the consolidated tract.

15.  Every dwelling shall have an individual sewage disposal system which meets or exceeds the minimum standards of State and County health regulations.

16.  Grantor shall designate and appoint an Architectural Control Committee consisting of not less than three (3) qualified persons which committee shall serve at the pleasure of the Grantor. After January 1, 1979 or following the sale of at least 50 acres of the 714.99 acres described above whichever occurs later, the Architectural Control Committee shall be named by vote of the owners of all the property in the subdivision — each owner casting the number of votes and fractions of votes as the acres of land for the candidate of his choice for each post. There shall be no cumulative voting.

17.  No building, fence, wall or other structure shall be commenced, erected, or maintained upon any tract, nor shall any exterior addition to; or change or alteration therein, be made until the plans and specifications showing the nature, kind, 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 external design and location in relation to surrounding structures and topography.

18.  In the event that any plans and specifications are submitted to the Architectural Control Committee as provided herein, and such Committee shall either fail to approve or reject such plans and specifications for a period of 45 days following such submission, approval by the Committee shall not be required, and full compliance with this Restriction shall be deemed to have been had.

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C. PROPERTY OWNERS’ ASSOCIATION, ASSESSMENTS. AND LIEN

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19.  A “Property Owners’ Association” is hereby created to be made up of the Owners of property within the 714.99 acres hereinbefore described together with the owners of tracts which may from time to time be added to the subdivision scheme in the manner prescribed below. At such time as at least 50 acres of the 714.99 acres described above have been sold by Grantor, the then owners may3elect a five (5) member board of directors to the Property Owners Association, with three (3) alternates.

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20.  Through its Board of Directors,. the Property Owners Association shall have the authority to:

    a.  Declare and collect as assessment in an amount not to exceed $20.00 per acre per year from each land owner. Such assessment shall be made for the purpose of maintaining roads and other areas of common use and benefit to subdivision owners. Assessments in excess of $20.00 per acre per year shall be levied only upon approval of landowners owning at least three—fourths of the acres within the subdivision scheme.

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    b.  Enforce these restrictions and hire attorneys for the purposes of bringing suit to enforce same and to enforce the lien hereinafter provided. If any such suit is brought, the Property Owners Association shall recover its attorneys fees and costs of court.

    c.  Contract for the purpose of road or other maintenance work.

    d.  Release or subordinate the lien hereinafter provided.

    e. Perform such other duties as may be specified by amendment to these Restrictions.

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21. Each subdivision tract shall be subject to a lien to secure unpaid assessments. Said lien shall be foreclosed by formal court proceeding after written notice to the delinquent property owner. This lien shall be subordinate to any lien holder who has provided work or materials for the improvement of any tract and also to any lien holder who has financed construction on the property.

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D. GENERAL PROVISIONS

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22.  Grantor shall have the right to enforce, by any proceeding at law or in equity, all restrictions now or hereafter imposed by the provisions of this Deed. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

23.  The covenants, conditions and restrictions of this Deed shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, Grantor or any tract owner subject hereto, and their respective legal representatives, heirs, successors, and assigns.

24.  Unless amended as provided herein, these Restrictions shall be effective for a term of twenty (20) years from January 1, 1976, after which time said Restrictions shall be automatically extended for successive periods of ten (10) years.

25.  By instrument filed in the Deed Records of Hays County. Texas, the Restrictions may be amended during the first three (3) years by Grantor, his heirs and assigns only (provided that Grantor, his heirs and assigns may add property to the subdivision scheme by Amendment to the Restrictions for a period through the first ten (10) years. After the three (3) year period, amendment may be made by tract owners who represent ownership of three—fourths (3/4ths) or more of the total acres within the subdivision scheme. Tracts owners being defined as record title owners through a conveyance by Deed or anyone holding the most current Contract for Deed)5.

26.  Invalidation of any one or more of these Restrictions by judgment or court order shall in no way affect any other restriction, and all other restrictions shall remain in full force and effect.

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ENDNOTES

1 As amended by a vote of the Owners who represent ownership of 3/4 or more of the total acres in the subdivision on 20th day of March, 1982 and recorded in the Deed Records of Hays County, Texas.

2 As amended by Grantor under the powers given Grantor in D.25 of these restrictions and recorded in the Deed Records of Hays County, Texas in all subsequent deeds.

3 As amended by a vote of the Owners who represent 3/4 or more of the total acres in the subdivision on the 18th day of March, 1984 and recorded in the Deed Records of Hays County, Texas.

4 As amended by a vote of the Owners who represent ownership of 3/4 or more of the total acres in the subdivision on 20th day of March, 1982 and recorded in the Deed Records of Hays county, Texas.

5 As amended by a vote of the Owners who represent 3/4 or more of the total acres in the subdivision on the 18th day of March, 1984 and recorded in the Deed Records of Hays County, Texas.