DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR OAKLAND PARK SUBDIVISION
THIS DECLARATION is made on the date hereinafter set forth by Greg Peiffer, acting herein by and through its duly authorized officer, hereinafter referred to as “Declarant.”
WHEREAS, Declarant is the owner of all of the property (i.e., all of the lots, tracts and parcels of land) which comprises Oakland Park, a subdivision in Williamson County, Texas, according to the map or plat of record under Document No. 201405928 Plat Records of Williamson County, Texas; and
WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community; and to this end, desires to subject said property to covenants, restrictions, and easements, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community;
NOW THEREFORE, Declarant hereby declares that all of the property located in the subdivision described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of and which shall run with the real property and be binding on all parties having any right, title or interest in said property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. Improved Lot” shall mean a Lot with a completed single family residence constructed thereon.
2. Outbuilding” shall mean any structure erected or placed upon any Lot.
3. “Landscaping” shall mean, including but not limited to, hardscapes, curbs, flower beds, planting beds, drainage adjustments, fencing, planting of trees, shurbs, & lawn ornaments, seating areas, fountains, and all other adjustments and/or additions & amendments to the front yard of a lot or the front & side yards of corner lots.
4. Improvement” shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, barns, outbuildings, storage sheds, patios, basketball goals, tennis courts, swimming pools, garages, fences, screening walls, retaining walls, stairs, decks, landscaping poles, signs, exterior air conditioning, water softener, fixtures or equipment, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, wind mills, and any facilities used in connection with water, sanitary sewer, wastewater, septic tank, storm drainage, gas, electric, telephone, regular or cable television or other utilities.
5. Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract Sellers, but excluding those having such interest merely as security for the performance of an obligation.
6. Plans and Specifications” shall mean the documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation and information relevant to such Improvement.
7. Property” shall mean and refer to all of Oakland Park Subdivision including all of the designated lots therein, a subdivision in Williamson County, Texas, according to the map or plat of record under Document No. 201405928 Plat Records of Williamson County, Texas.
10. Lot” shall mean and refer to any of the lots shown upon any recorded subdivision map of the Property, including all improvements and easements thereon.
11. Declarant” shall mean and refer to Peiffer Custom Homes, L.P., and its successor and assigns.
RESTRICTIONS ON LOTS
The following restrictions are imposed as a common scheme upon each Lot for the benefit of every other Lot, and may be enforced by any Owner.
1. Residential Use. Each Lot shall be used for single family residential purposes only and no part of any Lot shall be used for any business or commercial purpose; provided, however, that (1) a home office incidental to a Lot Owners’ business may be maintained within the Owner’s residence, and (2) Declarant may construct, occupy and maintain a temporary sales office on any unsold Lot. Buying & selling ranch animals is not considered a business purpose.
2. Single Family Dwellings. No more than one single-family dwelling shall be erected on a Lot. Guesthouses are allowed limited to 750 square feet & limited to one bathroom. Lot owners may construct the guesthouse first but in no case shall the total construction time for building guesthouse, main house & garage last longer than 12 months from start of construction. This provision applies to all construction except barns, outbuildings, fences, etc.
3. Size and Construction of Residences. Each permanent residence constructed on a Lot shall have a living area of no less than twenty four hundred (2400) square feet cooled and heated spaces, exclusive of garages, and porches. Two story homes shall have at least 1200 square feet on the bottom floor. Outbuildings buildings shall be of all new material. Three (3) car garages are preferred, however a minimum of a two car garage either attached or detached shall be required. The location and specifications of the septic system shall be expressly approved in writing by the Williamson County and Cities Health District prior to the beginning of the construction of the primary residence. Outbuildings shall be built of the same materials as the main house in proportion to the usage of those materials as utilized of the first floor of the main house.
4. Masonry requirements. Each House &/or Outbuilding must have three (3) sides masonry. Masonry is defined as limestone rock, brick and stucco. “Hardi Plank” siding may be substituted for masonry above the first floor plate line in gables, dormers, chimneys that come through the main roof, and other architectural elements.
5. Roof Requirements. Roofs shall be constructed with a minimum of 5/12 pitch and a minimum 25 dimensional singles are required.
6. Set-Back. All improvements, except fences, shall be set back a minimum of 25 feet from the front property line adjacent to the street and 15 feet from the side and rear property lines. No improvement shall be placed or permitted to remain in these reserved setback areas. For the purpose of this covenant, eaves, steps, and open porches shall be considered improvements. Within designated easements, no improvements shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities.
7. Restriction on Trailers and Mobile and Manufactured Homes. No residence trailers or mobile homes shall be allowed on any Lot. No old houses shall be relocated into the development, and no prefabricated homes or manufactured homes shall be allowed on any Lot without the prior written consent of the Architectural Control Committee. Used lumber may be used for construction only after the prior written consent of the Architectural Control Committee is obtained.
8. Septic Tank Systems. If a septic-tank soil-absorption sewage-disposal system is installed, such system shall be in accordance with minimum recommendations by the Division of Sanitary Engineering, Texas State Department of Health, and shall be inspected by a duly authorized agent of the Williamson County Health Department, if required by local ordinances. Written certification by the inspecting agency that such installation is within said recommendations shall be presented to Declarant by Owner prior to Owner’s occupancy of any improvements constructed on Owner’s Lot.
9. Mail Boxes. All mail boxes shall be of the same type and exterior of primary residence design and shall meet the requirements of the postal authorities.
10. Driveways. All driveways providing access to a dwelling shall be a minimum of twelve feet (12’) in width.
11. Drainage Structures. Drainage structures under private driveways shall always have a net drainage opening area of sufficient size to permit the free flow of water without backwater.
12. Recreational Vehicles. Recreational vehicles, including but not limited to, Motor Homes, Camping Vehicles, Golf Carts, All Terrain or Off Road Vehicles or Trailers of any kind, may not be stored or parked on any Lot for more than seven (7) consecutive days.
13. Toxic Substances. The storage and application of toxic substances which are or might be unsafe or hazardous to any person, property, or the environment is strictly forbidden.
14. Cutting Down of Trees. Trees which are four inches (4”) or larger in diameter shall not be cut down unless they pose a danger to persons or property; however, cedar trees are exempt from this provision.
15. Outside Toilets. No outside toilets shall be permitted on any Lot, with the exception of portable toilets during construction.
16. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that a maximum total of four (4) dogs, cats, or other small and domesticated household pets may be kept provided they are not kept, bred, or maintained for any commercial purpose. Except as provided in the immediately preceding sentence, no animals, including pigs, hogs, swine, poultry, fowl, wild or dangerous animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the property. No animals shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the property other than on the lot of its owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the property, and no kennels or breeding operations will be allowed. No animals shall be allowed to run at large or be unattended and must be under active control on each lot owners property.
17. Fences. Fences are not required, but if a fence is constructed, it must be maintained and kept in good order. Fences must be constructed of 5’ or 6’ ornamental iron or 6’ privacy cedar on galvanized posts. Chain link fencing or animal range fencing are prohibited. At no time shall any signage be attached to any perimeter fences adjacent to and visible from any public roadway.
18. Landscaping. Prior to closing, front lawns must be installed and maintained with grass sod and side lawns must be installed with grass sod or hydro-mulched. Sprinkler systems shall be installed for front and side lawns to back of house.
19. Nuisance. No part of any Lot shall be used (1) for the sale, display, or storage of junk, or used automobiles, or (2) for any activity that shall constitute a public or private nuisance. The owner of any Lot shall not use or allow the use of such Lot or any building or structure thereon for any purpose which will be noxious, offensive or noxious odors, dust, gases, fumes or other such material or which will in any manner violate any zoning or other regulations or laws of Williamson County, the State of Texas, or the United States of America.
20. Annoyance. No activity shall be carried on upon any Lot which might reasonably be considered as giving annoyance to neighbors or ordinary sensibilities and which might be calculated to reduce the desirability of the Property as a residential neighborhood, even though such activity may be in the nature of a hobby and not carried on for profit.
21. Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot, and no odors shall be permitted to arise therefrom so as to render such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot or to its occupants. Refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an enclosed structure or appropriately screened from view. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No junk or wrecking yards shall be located on any Lot. Material of any kind which is stored on a Lot shall be arranged in an orderly manner on the rear one-third of such Lot, shall be properly covered.
22. Vehicles, Unsightly Articles, Screening of Certain Items. Recreational & all terrain vehicles, motor homes, trucks (other than pickups), buses boats, motorcycles, motor scooters, machinery and garden maintenance equipment shall be kept at all times, except when in actual use, in an enclosed structure or completely screened from view of any private road or adjacent lot; and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor or emergency repairs), except in an enclosed garage or other structure. Service, storage and, compost areas must be screened from view. All lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials must be stored within an enclosed structure or completely screened from view. Liquid propane gas, and other exterior tanks, shall be kept within an enclosed surrounding or permanently screened from view. All air conditioning compressors and pool pumping and filtering equipment shall be permanently screened from view by a fence or mature landscaping.
23. Trucks, Buses, Trailers and Machinery. No truck, bus, motor home, recreational vehicle, boat, or trailer shall be parked in the road in front of any Lot except for construction and repair equipment while the residence is being built or repaired thereon, and no truck, bus, motor home, recreational vehicle, boat, or trailer shall be parked on the driveway or any portion of the Lot, unless kept inside the garage or outbuilding located on such Lot, unless it is screened from view from any public roadway. The foregoing sentence shall not prohibit any sport utility vehicle, pickup or other similar vehicle on any road or lot.
24. Vehicle Parking on Roads Forbidden. No vehicles of any type shall be parked upon the roads or right-of-way within the Property.
25. Aircraft. No aircraft other than helicopters shall be launched from or may land on any portion of a Lot.
26. Signs. No signs of any kind shall be displayed for public view on any Lot except (1) professional sign of not more than five square feet in area, which advertises the Lot for sale or rent. All merchandising, advertising, and sales programs within the subdivision shall be in conformity with the general marketing plans of the subdivision. Moderately sized signs used for public display of your security/alarm company are allowed. Political signs must be removed the day following the election.
27. Firearms, Explosives, and Fires. No firearms (except firearms for the protection of the Owner’s family and property) may be discharged on any Lot. No other explosives, including but not limited to firecrackers and fireworks of any kinds, shall be discharged on any Lot. No open fires shall be lighted or permitted on the Property except (a) in a contained barbecue unit while attended and in use for cooking purposes or (b) within a safe and well-designated interior fireplace. Controlled burning of cedar is permitted with prior notice given to the proper fire prevention authorities. No hunting is allowed within the Property.
28. Storage Tanks. No tanks for the storage of oil or other fluids may be maintained on any of the lots above the surface of the ground unless completely concealed, either by landscaping or fencing, planted or constructed immediately upon installation of the tank.
29. Antennas, Satellite Dishes. No radio or television aerial wires, antennas or satellite dishes shall be placed forward of the main ridge line of the dwelling or the midpoint of the main ridge line of any dwelling whose ridge line is not parallel to the road.
30. Water Conservation Measures. Each Owner, and Owner’s guests and tenants, shall comply with the water conservation measures itemized established by competent State or Local authorities with jurisdiction over the Property.
1. Duration. This Declaration and the covenants and restrictions set out herein shall run with and bind the Property, and shall inure to the benefit of and be enforceable by Declarant and every Owner of any part of the Property, and their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years beginning on the date of execution of this Declaration, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless terminated by a majority vote of the Owners of the Lots. Any such changes shall be effective when an instrument is filed for record in the Official Public Records of Williamson County, Texas, with the signatures of the requisite number of Owners of the Property.
(a) By Declarant. This Declaration or any Supplemental Declaration may be amended by the Declarant acting alone until Declarant no longer owns a majority of the Lots in the subdivision. No amendment by Declarant shall be effective until there has been recorded in the Official Public Records of Williamson County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment. Notwithstanding the foregoing, Declarant may amend this Declaration at any time (i) to correct typographical and grammatical errors, and (ii) in order to comply with VA, FHA, FNMA, or FHLMC requirements for approval of the Property.
(b) By Owners. In addition to the method in Section 2(a) above, after Declarant no longer owns a majority of the Lots in the subdivision, this Declaration may be amended by the recording in the Official Public Records of Williamson County, Texas, of an instrument executed and acknowledged by sixty-seven percent (67%) of the Owners of the Lots within the subdivision.
3. Enforcement. Each Owner of any part of the Property and Declarant shall have the right (but not the duty) to enforce any of the covenants and restrictions set out in this Declaration, as same may be amended as herein provided. Enforcement of the covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages; and failure by Declarant or any Owner to enforce any such covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter.
4. Consent to Modification of Plat. Declarant hereby reserves unto itself the exclusive right and power at any time and from time to time to modify, change, resubdivide or amend, in any lawful manner, the subdivision plat of the Property without the necessity of obtaining the written consent of any Owner of any part of the Property prior to such modification, change, resubdivision or amendment; provided, however, that no such modification, change or amendment shall alter the flood plain, easements, utility commitments or streets within, to, or abutting any Lot, or otherwise encumber such Lot, without the written consent of the Owner of such Lot. In that regard, each Owner of any part of the Property hereby consents to the foregoing reservation and hereby waives any and all right to consent to any modification, change or amendment of the subdivision plat by Declarant.
5. Successor Declarant. Declarant may at any time, or from time to time, sell, assign or transfer all of any part of its rights hereunder and/or its right, title and interest in the Property to any person or entity, and such assignee shall thereafter have such rights and powers of Declarant as are so transferred or assigned. In the event Declarant shall convey all of its rights hereunder, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such assignee shall be obligated to perform all such duties and obligations of Declarant effective when an instrument effecting such assignment is filed for record in the Official Public Records of Williamson County, Texas.
(a) Reserved Easements. All dedications, limitations, restrictions and reservations shown on the recorded subdivision plat of the Property, and all grants and dedications of easements, rights-of-way, restrictions, and related rights made by Declarant prior to the Property becoming subject to this Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes and additions to the easements and rights-of-way for the purpose of efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights-of-way and easements for public utility purposes (including, without limitation, gas, water, electricity, telephone, cable television, and drainage) in favor of any person or entity, along and on either or both sides of any Lot line, but only along that part of a Lot line which Is beyond the Building Setback Line shown on the recorded plat for the Property, which easement shall have a maximum width of 7.5 feet on each side of such Lot line.
(b) Installation and Maintenance. There is hereby created an easement upon, across, over and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including, but not limited to, gas, water, electricity, telephone, cable television, drainage and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any improvement constructed on the Lots.
(c) Drainage Easement. Each Owner covenants to provide easements for drainage and water flow as contours and the arrangement of improvements constructed on the Lots require. There shall be no construction of improvements, temporary or permanent, in any drainage easement, except as provided in writing by the City of Georgetown.
(d) Surface Area. The surface of easement areas for underground utility services may, with the written permission of the City of Georgetown, be used for the planting of shrubbery, trees, lawns or flowers. However, neither Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner for any damage done by them or either of them, or their respective agents, employees, servants, or assigns, to any of the above mentioned vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in such easement areas.
(e) Sign Easement. Declarant reserves an easement for ingress and egress and for the installation, repair, and maintenance of an entry monument and landscaping, on that corner portion of the Lots immediately adjacent to the entrance of the Property. The purchaser of such lot shall purchase it subject to this easement and shall have no authority to prevent the Declarant from that that portion of the lot for purposes covered by this easement.
7. Construction and Sale. Notwithstanding any provisions contained in the Declaration to the contrary, so long as the initial sale of Lots shall continue, it shall be expressly permissible for Declarant to maintain and carry on upon portions of the Property such facilities and activities as, in the sole opinion of Declarant, may be reasonably required, convenient, or incidental to the sale of such Lots, including, but not limited to, construction offices, business offices, signs, and sales offices, and the Declarant shall have an easement for access to such facilities, such use to be limited, however, to Lots owned by Declarant. This Section may not be amended without the express written consent of the Declarant; provided, however, the rights contained in this Section shall terminate upon the earlier of (a) thirty (30) years from the date this Declaration is recorded, or (b) upon the Declarant’s recording of a written statement that all sales activity has ceased.
8. Severability of Provisions. If any paragraph, section, sentence, clause or phrase of this Declaration shall be or become illegal, null or void for any reason or shall be held by any court of competent jurisdiction to be illegal, null, or void, the remaining paragraphs, sections, sentences, clauses or phrases of this Declaration shall continue in full force and effect and shall not be affected thereto. It is hereby declared that said remaining paragraphs, sections, sentences, clauses and phrases would have been and are imposed irrespective of the fact that any one or more other paragraphs, sections, sentences, clauses or phrases shall become or be illegal, null, or void.
9. Titles. The titles, headings, and captions, which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof.
10. Assignment by Declarant. Notwithstanding anything herein to the contrary, Declarant reserves the right to transfer, assign, mortgage, or pledge any and all of the respective privileges, rights, title, and interest hereunder, or in the Property or any part thereof, by means of recording an assignment of such in the Official Public Records of Williamson County, Texas. Upon such assignment, Declarant shall be relieved from any liability arising from the performance or non-performance of such rights and obligations accruing from or after the recording of such assignment. No successor assignee of the rights of Declarant shall have or incur any liability for the obligations or acts of any predecessor in interest.
Executed this ___ of August, 2014.
Peiffer Custom Homes, L.P. a Texas limited partnership
Greg Peiffer, Declarant
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This Declaration of Covenants, Conditions and Restrictions for Oakland Park Subdivision was acknowledged before me on this ___ day of August, 2014, by Greg Peiffer.
Notary Public, State of Texas