Holly Lake Ranch, Texas
HOLLY LAKE RANCH SUBDIVISION RESTRICTIONS
1. Use: No lot shall be used for other than single family residential purposes, and no soil or trees shall be removed for any commercial use. Cutting of trees shall be limited to the extent necessary for clearing the foundation site for construction; any additional cutting of trees shall be done only upon the written approval of the Developer. No commercial activity shall be permitted on any lot.
2. Lot Area: No lot may be re-subdivided; provided, however, that individual lots may be divided between abutting owners and thereafter each owner’s resulting oversize lot shall be considered as one lot. Nothing herein contained shall prohibit the construction of a single residence on two (2) lots, in which case both such lots shall be considered as one (1) lot for building purposes. (Certain exceptions apply to tracts in Section 1 to allow re-subdivision of tracts after January 1, 1985, providing that no such tract may be re-subdivided into parcels containing less than 20,000 square feet.)
3. Architectural Control Committee: An Architectural Control Committee (“Committee”) shall be appointed, from time to time, by Developer, whose purpose shall be to review plans, to insure for all owners harmony of location, and harmony of external and structural design and quality with existing structures. The Committee shall have the right to designate a representative to act for it in all matters arising hereunder. Until the committee has been constituted and appointed, Developer, or its nominee or representative, shall carry out all functions of the Committee relating to these Restrictions. After Developer has sold seventy-five percent (75%) of all lots and tracts in all other subdivisions of Holly Lake Ranch hereafter developed, or sooner at the sole election of the Developer, the members of the Committee shall be selected by the Holly Lake Ranch Association (“Association”).
4. Structures: (A separate paragraph (4-1), which follows, applies to all of the Section III.)
(a) No residence shall be constructed or permitted to remain on any lot in the Subdivision unless such residence shall have a minimum number of square feet of living area, as set forth in the Subdivision Restrictions for that section. Such restrictions provide for the following minimums in the following sections:
Airpark Sections 800-sq. ft.
Section I See Paragraph a-1 below
Section II Parts I, II, and III see
Paragraph a-1 below
Section IV Parts I, II, III, IV, & V
See paragraph a-1 below
Part VI, Lots
Nos. 510-514 1,200 sq. ft.
Pine Tree Section 1,000 sq. ft.
Section V Parts I, II, and III 1,200 sq. ft.
Section VI 800 sq. ft.
Section VII 1,500-sq. ft.
Section VIII 800-sq. ft.
Section IX Part I (except as follows): 800 sq. ft.
Lots 1-45 1,500 sq. ft.
Lots 162, 181-183, 197-199,
207-211, 212-262 1,200 sq. ft.
Section X See paragraph a-1 below
(A-1) No residence shall be constructed on any lot ion the Subdivision unless such residence shall have a minimum number of square feet of heated living are and, in addiction, must have a reinforced poured concrete slab foundation or a reinforced poured concrete pier and beam foundation or the equivalent thereof. This restriction shall not apply to residences already existing in the Subdivisions. Such restrictions provide for the following minimums in the following sections.
Section I 1,200 sq. ft.
Section II Parts I, II, and III 1,200 sq. ft.
Section IV Parts I, II, III, IV and V 1,500 sq. ft.
Section IX Parts II and III 1,500 sq. ft.
Section X 1,500 sq. ft.
(b) No improvements shall be placed on any lot until the Committee has approved the building plans; specifications and plot plans showing the location of such improvements on the lot in writing. Likewise, the alternation of any existing improvements which materially affects or changes the exterior design thereof, my not be made until the plans for such alternation have been approved in writing by the Committee. In the event that the Committee disapproves of any such plans, specifications and/or plot plans, notice of such disapproval shall be delivered in person or by registered or certified letter submission. In passing upon all of such plans, specifications and/or plot plans, the Committee may take into consideration, among other thins, the suitability of any such proposed building or structure or the alteration thereof and the materials of which it is to be constructed in the lot or tract upon which it is the be constructed, and the effect thereof upon adjacent neighboring or other lots or tracts. Any such notice shall set forth the elements disapproved and the reason or reasons Therefore, but need not contain suggestions as to methods of curing any matters or things disapproved. The judgement of the Committee in this respect in the exercise of its sole and absolute discretion shall be final and conclusive. If said Committee fails to approve or disapprove said plans, specifications and/or plot plans within thirty (30) days after the same have been submitted to it, it will be presumed that the same have been approved. These requirements for approval by the committee as herein set out cover not only the residences to be constructed in the Subdivision, but all piers and other structures built in the water as well as on the land, and also apply to any retaining walls and any significant moving of soil in or out of the water.
(c ) (Except Airpark Section) All structures, which extend into the water, shall meet the following requirements:
(1) Permission for any such structure must first be obtained from the Committee, and the construction of such structure shall be in accordance with the description of same as set forth in the Committee’s written approval. The Committee shall not approve more than one pier per lot except under circumstances deemed exceptional by the Committee. Such structures shall not extend into the water more than 25 feet. Notwithstanding the foregoing, an exception may be made by the committee in cases where such an exception is necessary because of shallow water or other unusual circumstances.
(2) No part of such structures shall be closer to any projected side property lot line than ten (10) feet.
(3) No such structures shall extend more than twenty-five (25) feet parallel to the edge of the water.
(d)(For Airpark Section Only) No aircraft may be parked on lots 13-17, or on the other lots except in such areas and in such manner on lots 1-12 as may be approved by the Committee. The lot owner on all sides except the side abetting the taxiway shall fence in aircraft parking areas on such lots, and the type and manner of such fencing must be approved in advance by the Committee. All structures used to cover parked aircraft shall meet the following requirements:
(e) No part of any building shall be located on any lot nearer to any street than the set-back line as indicated on the Plat. No part of any building shall be located nearer than ten (10) feet to any interior lot line, except in case of common ownership of more than one (1) lot. The combined area owned shall then be considered as one (1) lot for this purpose. The building set-back lines may be relaxed by decision of the Committee, if the above described distances are not feasible, considering the terrain and/or dimensions of the lot.
(f) No structure shall be occupied or used for residential or storage purposes (other than for the storage of building materials to be used in the construction and completion thereof) until the exterior thereof shall have been fully completed in accordance with the approved plans and specifications.
(g) Each residence, once commenced, must be completed within six (6) months from the date of commencement thereof. If any such residence is not completed within six (6) months, the owner or occupant of any such lot agrees, by the purchase or occupancy thereof, that the Committee shall not be liable in trespass or otherwise in entering upon said lot and disassembling any such structures.
(h) No trailer, mobile home, tent, shack, or structure of a temporary character shall, at any time, ever be used as a permanent or temporary residence on any lot, or moved onto or permitted to remain on any lot except during construction of permanent structures. No camping shall be permitted within the Subdivision without the written permission of the Developer, it being intended that the Developer shall permit limited camping on certain restricted areas within the Subdivision.
(I) No fence shall be erected without the approval in writing of the Committee.
4-1 Structures (This Paragraph 4-1 applies to all of Section III only)
(a) No residence shall be constructed or permitted to remain on any lot in the Subdivision unless such residence shall have a minimum of 600 square feet of living area. Mobile homes and modular homes shall be permitted, but mobile homes must contain not less than 600 square feet and modular homes not less than 600 square feet, exclusive of open porches, breezeways, carports, and garages. All mobile homes and modular home must be completely enclosed from ground level to the lower portion of outside wells to maintain a neat appearance and to hide all posts, piers, or wheels from outside view. Such skirting must be of manufacturer metal or plastic underpinning or, in certain circumstances; the Committee may vary this requirement and allow a substituted method of skirting providing written approval is first obtained from the Committee. All skirting work must be completed within thirty (30) says after utilities are connected to the mobile or modular home. Not more than one mobile home or modular home shall be connected to the utilities on each lot.
(b) No improvements (including a mobile or modular home) shall be placed on any lot until the mobile or modular home or building plans, specifications and plot plans showing the location of such improvements on the lot have been approved in writing by the Committee. Likewise, the alteration of any existing improvements (including a mobile or modular home) which materially affects or changes the exterior design thereof may not be made until the plans for such alterations have been approved in writing by the Committee. In the event the Committee disapproves of any such plans, specifications, and/or plot plans, notice of such disapproval shall be delivered in person or by registered or certified letter addressed to the party submitting the same at an address which must be supplied with the submission. In passing upon all of such plans, specifications and/or plot plans, the Committee may take into consideration, among other things, the suitability of any such proposed building or structure (including a mobile or modular home) or the alteration thereof and the materials of which it is to be constructed, and the affect thereof upon adjacent neighboring or other lots or tracts. Any such notice shall set forth the elements disapproved and the reason or reasons thereof, but need not contain suggestions as to methods of curing any matters or things disapproved. The judgement of the Committee in this respect in the exercise of its sole and absolute discretion shall be final and conclusive. If the Committee fails to approve or disapprove said plans, specifications and/or plot plans within thirty (30) days after the same have been submitted to it, it will be presumed that the same have been approved. These requirements for approval by the Committee as herein set out cover not only the residences to be constructed or parked in the Subdivision, but other structures built within the Subdivision by lot owners.
(c ) No part of any building (mobile or modular home) shall be located on any lot nearer to any street than the set-back line as indicated on the Plat. No part of any building (or mobile or modular home) shall be located neater than ten (10) feet to any interior lot line, except that in the even of common ownership of more than one (1) lot and the construction of one (1) building (or mobile or modular home) or more than one (1) lot, the combined area owned shall be considered on (1) lot for this purpose. The building set-back lines may be relaxed by decision of the Committee, if the above described distances are not feasible, considering the terrain and/or dimensions of the lot.
(d) No structure (including a mobile or modular home) shall be occupied or used for residential or storage purposes (other than for the storage of building materials to be used in the construction and completion thereof) until the exterior thereof shall have been fully completed in accordance with the approved plans and specifications.
(e) Each residence, once commenced, must be completed within six (6) months from the date of commencement thereof. If any such residence is commenced, the owner of same hereby gives the Committee, or its representative or agent, the right and authority to enter upon the property upon which such structure is situated, and to disassemble such structure and store the building materials on the premises or elsewhere at the discretion of the Committee. The owner or occupant of any such lot agrees, by the purchase or occupancy thereof, that the Committee shall not be liable in the trespass or otherwise in entering upon said lot and disassembling any such structure.
(f) No camping shall be permitted within the Subdivision.
(g) No fence shall be erected without the approval in writing of the Committee.
5. Signs. No “For Sale” sign or “For Rent” signs, or any other advertising structures,
may be displayed in the Subdivision without prior written approval of Developer.
6. Nuisances. No noxious or offensive activity shall be carried on or maintained on any lot in the Subdivision, nor shall anything be done or permitted to be done thereon which may be or become a nuisance in the neighborhood. Mercury vapor security lights shall not be permitted on any lots or tracts in the Subdivision. (The word “tracts” is omitted for certain sections that have only lots.)
7. Firearms. The use or discharge of firearms in the Subdivision is expressly prohibited except in areas that may be designated for such purposes by the Developer.
8. Garbage and Trash Disposal. No lot shall be used or maintained as a dumping ground for garbage. Trash, garbage, or other rubbish shall be kept only in sightly, sanitary containers. Each lot owner shall be responsible for disposing all of his trash, garbage and rubbish, and the burning of the same within the Subdivision is expressly prohibited.
9. Unsightly storage. If open carports or, in the Airpark Section hangar(s), are used,
no unsightly storage and/ or unsightly vehicles shall be permitted within.
10. Animals. No horses, cows. Poultry, of livestock of any kind (other than house pets)
may be kept on any lot in the Subdivision without the written consent of the Developer, it being the
Developer’s intention to permit horses and ponies to be kept upon lots for recreational purposes or as pets, so long as the number of such animals proposed to be kept upon a lot is reasonable under the circumstances. Any such animal which is allowed to be kept upon a lot shall be removed promptly thereupon the written direction of the Developer.
11. Off-Street Parking. Both prior to and after the occupancy of a dwelling on any lot, the owner shall provide appropriate space for off-street parking for his vehicles and/or boats
12. Weeds and Trash. The owner of each lot or tract shall keep the same clean and free of trash and such weeds as will be in keeping with the other property and the community at any particular time. Upon failure to do this Developer or the Association may have the lot cleaned and the cost of expense thereof shall be payable on demand by the owner to Developer or the Association, as the case may be.
13. Sewerage. No building or structure shall be occupied as a residence unless all plumbing fixtures, dishwashers and toilets are connected to an adequate sewerage disposal system. No outhouses shall be permitted on any park of the property; all lavatories, toilets and bath facilities shall be installed indoors and shall be connected with adequate grease traps, septic tanks and lateral lines constructed to comply with the specifications of State and local health authorities, and no “outside” or surface toilets shall be permitted under any circumstances. No septic tank lateral lines shall be constructed of septic tanks and lateral lines are two hundred (200) feet (one hundred fifty (150) feet in section III) of one foot by four inch (1’ x 4”) tile pipe laid in the center of one foot of wash gravel covered with tar paper in a trench 12 inches wide by twenty-four inches deep (12” x 24”). Nothing herein contained to the contrary shall prevent the installation and operation of sanitary sewer facilities by a waste district or other government authority in said Subdivision.
14. Utility Easements. An easement is expressly reserved in, on, over, under and
through those portions of the lots as shown on the recorded Plat for the purpose of installing, repairing and maintain electric power, water, sewerage, gas, telephone and similar utility facilities and services.
There is also reserved and dedicated hereby for the use of the Developer and any public or private utility company an unobstructed aerial easement five (5) feet wide from a plane twenty (20) feet above the ground upward, located adjacent to and above all dedicated utility easements as shown on the map or plat of the Subdivision. The easements reserved and dedicated under the terms and provision hereof and under the terms and provision of the Subdivision plat shall be for the general benefit of the Subdivisions as herein defined and any other land owner or acquired by the Developer in the vicinity thereof, and shall also insure to the benefit and may be used by any public or private utility company entering into and upon said property rights to such utility companies. Fences, walls, and shrubbery hedges shall be permitted on any such easements except those easements being used for underground electric and/or telephone systems, provided: (1) that such fences, walls, and hedges do not interfere in any way with the use of such easements by any public or private utilities then utilizing or there after designed to utilize the same, (2) that the right of the owners of such fences, walls and hedges shall at all times be and remain subordinate and inferior in every way to the right of the public and private utilities and (3) that such public or private utilities at any time may, without liability of any kind to the owner or owners thereof, removed any such fence, wall or hedge where the removal of the same is incidental to or necessary for the performance of public or private utility operations. No buildings or structures of any character may be erected or allowed to remain on any utility easements.
15. Association Membership. Each purchase of a tract or lot in the Subdivision must
be a member of the Association.
16. Oil, Gas and Mineral Development. No oil or gas drilling, oil or gas development
operations, oil or gas refining or treatment, quarrying or mining operations of any kind by lot owners shall be permitted upon or in any part of the lands included in the Subdivision.
17. Drainage Structures. Drainage structures under private driveways shall always
have a net drainage opening area sufficient size to permit the free flow of water without backwaters.
18. Association Membership. Upon acceptance of an application for membership in
Holly Lake Ranch Association and/or the simultaneous execution of sales contract or the acceptance of a Deed, each owner shall become a member of Holly Lake Ranch Association, a corporate enterprise operated by Developer, its successors or assigns, for the purpose of providing the members with clubhouse and private recreation facilities in the are and to establish and maintain parks, lanes, lakes and provide for the common benefit of all lot owners. Said membership shall be conditioned upon observance of the rules and regulations established by said Association for the benefit and general welfare of its members and for the official operation thereof. Said membership shall also be conditioned upon payment, when due, of such dues, fees, and maintenance of the Association facilities and services, including but not limited to the maintenance of lanes, roads, parks, clubhouse and lakes and any other services and benefits which said Association may provide for the benefit of the lots, Association facilities and members.
Accordingly, each lot in the Subdivision, from and after the sale thereof by Developer, is hereby subjected to an annual fee and maintenance charge of $75.60 per month per lot, for the purpose of creating a fund to be known as the “Holly Lake Ranch Maintenance Fund” to be paid by the owner, the same to be secured by the vendor’s lien upon said lot, said maintenance charge to be payable monthly in advance as directed by the Developer of the Association, as the case may be. At such time as Developer has transferred the title of 75% of the lots in the Subdivision and future subdivisions of Holly Lake Ranch, or sooner if notice to such effect is given by Developer to the Association, the responsibility for the collection and disbursement of such maintenance fund may be delegated to the Association. The fee and maintenance charge may be increased from year to year up to an increase not to exceed 10% of the maintenance charge for the previous year. The Developer may waive, either temporarily or permanently, the fee and maintenance charge against any lot if the owner has purchased another lot within the Subdivision that is subject to such charges. It is understood that the judgement of the Developer or the Association, as the case may be, in the expenditure of said fund shall be final so long as such judgement is exercised in good faith. By the acceptance and retention of title to any lot, each lot owner, his heirs or assigns (regardless of whether a member of the Association, notwithstanding the requirements of membership in the Association, it successors and assigns, as a condition to the acquisition of title to any lot), agrees the Developer shall have a lien upon the subject lot or tract to secure payment of the aforementioned dues, fees and maintenance charges are hereby declared to be expressingly subordinate and inferior to any voluntary lien, including any renewal and/or extension thereof, created on any lot in the Subdivisions by an owner thereof for the purpose or obtaining a construction or permanent loan or both such loans for the purpose of improving such lot. Said subordination of liens shall continue and be in full force and effect for so long as such construction or permanent loan is outstanding.
19. Pumping Water from Lakes Prohibited. The pumping of water from any lakes or ponds is prohibited except by special permit, in writing, granted by the Developer.
20. Water Wells. No water well shall be drilled by the owner or owners thereof so long as water for domestic uses shall otherwise be available to the owners of lots, but nothing herein contained shall be construed as prohibiting the Developer, its successors, assigns and nominees, from drilling a well on any property located in or near the Subdivision for the purpose of supplying water to the owners of any property said Subdivision or in any future subdivision of Holly Lake Ranch, provided, however, that until water is available to the owner of a lot, the Developer will grant them permits, upon proper application, for the drilling of temporary wells and for the temporary operation thereof, until water for domestic uses shall become available to said owner.
21. Restriction on Sales, Etc. No sale, transfer, lease or the other disposition of any lot in the Subdivision shall be consummated unless and until the purchaser has applied for and has been accepted as a member of the Holly Lake Ranch Association, it successors or assigns. This restriction does not apply, however, to lending institutions that may bid said property in at any foreclosure sale brought by them without regard to such membership restriction.
22. Developer’s Sales Activities. Notwithstanding anything to the contrary contained herein, the Developer, its successors and assigns, reserves for itself and its designated agent or agents the right to use any unsold lot for a temporary office location and the right to place a sign or signs on any unsold lot in the subject Subdivision.
23. Boating Restrictions. Other than on Greenbriar Lake , no outboard or inboard motors larger than ten (10) horsepower may be used on any lakes or ponds, and no water skiing will be permitted on any lakes or ponds. On Greenbriar Lake, water skiing and use of motorboats will be subject to the rules and regulations of Holly Lake Ranch Association in effect from time to time.
24. Covenants Running with the Land. All of the restrictions, covenants, and conditions herein provided for and adopted shall apply to every lot in the Subdivision, and shall be covenants running with the land. Developer, its successors and assigns, shall have the right to enforce observance and performance of the restrictions and covenants contained and provided for herein, and in order to prevent a breach or to enforce the observance or performance of same shall have the right, in addition to all legal remedies elsewhere provided herein, to an injunction either prohibitive or mandatory. The owner of any lot in the Subdivision affected shall likewise have the right either to prevent a breach of any such restrictions or covenants or to enforce the performance thereof.
25. Partial Invalidity. Invalidation of any of these covenants, restrictions, or conditions by court judgement or otherwise, shall not effect, in any way, the validity of any of the other covenants, restrictions, or conditions, all of which shall remain in full force and effect. Acquiescence in any violation shall not be deemed a waiver of the right to enforce against the violator or others the conditions so violated or any other conditions. Developer shall have the right to enter the property of the violator and correct the violation, or to require that the same be corrected.
26. Duration of Restrictions.
(a)The restrictions and covenants herein provided for and adopted, shall remain in full force and effect until December 31, 2000 (with exception to amendments to Section 1: Section 2 (parts 1,2, and 3); Section 4 (parts 1,2,3,4, and 5); Section 9 (parts 2 and 3); and Section 10 which shall remain effective until December 31, 2003) subject to modification or amendment as hereinafter provided.
(b)At the end of the term provided for in (a) immediately above, and at the end of each ten (10) year extension herein provided form these restrictions shall be automatically extended and renewed for succeeding periods of ten (10) years each, unless within six (6) months prior to the date such restrictions and covenants would otherwise be automatically extended, and instrument shall have been signed by the then owners of a majority of the ten (10) existing lots in the Subdivision, each such lot entitling its owner to one (1) vote, and shall have been recorded in the Office of the Clerk of Wood County, Texas, agreeing to change said restrictions and covenants in whole or in part.
(c)Any and all of the restrictions, covenants, and conditions herein contained may be repealed, amended, or modified at any time by a majority vote of the lot owners in the Subdivision, each then existing lot entitling its owner to one (1) vote. Such repeal, amendment, or modification shall be effected by an instrument in writing executed by such majority of said lot owners, and filed for record in the Office of the County Clerk of Wood County, Texas.