Recorded On: 70 2015 00023881 Midland County Alison Haley Texas 79702 Clerk Unofficial Clerk e Midland County 22, 2015 Instrument Number: 2015-23881 Comment: DEC C RAND W INVESTING Recording after Aug 2005 62.00 Total Recording: 62.00 As Midland County Clerk Unofficial Copy Recording after Aug 2005 ( Parties listed above are for Clerks reference only) Billable Pages: 10 Number of Pages: 11 Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Document Number: 2015-23881 Receipt Number: 481370 Recorded Date/Time: September User / Station: A 02:12:09P nd County Clerk Unofficial Copy COUNTY COUNTY State of Texas mdez - CC208d Record and Return To: DANNY CARROLL ODESSA TX 79762 RECORDED in the volume and page of the named RECORDS of Midland County, Texas as stampand County Clerk Unofficial Copy County of Midland I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was Mion Haley County Clerk Midland County, Texas Declarofficial Copy Midlandable Midland County of Covenants, Conditions, and Restrictions for BATES ESTATES This Declaration of Covenants, Conditions, and Restrictions 238 County Clerk Unofficial on the day of February, 2015, by CR & W INVESTING, LLC, (referred to as "Declarant"), whose mailing address is 2000 E. 42nd Street, Suite C310, Odessa, Texas 79762.
Recitals 1. Declarant is the owner of all that certain real property ("the Property") located in Midland
as "Declarant"), whose mailing address is 2000 E. 42nd Street, Suite C310, Odessa, Texas 79762.
Recitals 1. Declarant is the owner of all that certain real property ("the Property") located in Midland County, Texas, described as follows: BATES ESTATES, being a Replat of Lot 106, Bates Airport,a Subdivision of Midland County, Texas, according to the map or plat thereof of record in Cabinet _ Page Plat Records in the Office of the Midland County Clerk, Midland County, Texas.
2. The Declarant has devised a provisions for particular parts and per scheme of development 3. This general plan.
Property, the and of the Property. This general plan provides a common and safeguard the Property over a long period.
eneran for the entire Property ass work th the Property in general, the parcels and lots that constitute and each successive owner of an interest in the Property.
f accordance with both the doctrines of restrictive covenant and imperk Unofficial Copy servitudes in furtherance of this general development plan.
Declarant desires to restrict the Property according to these Midland NOW, THEREFORE, it is declared that all of the Property subject to the following easements, restrictions, covenants, andations.
equitable Counts, conditions, held, sold, and conveyed ARTICLE 1 Definitions Declarant Lot 1.01. "Declarant" means CR & W INVESTING, LLC, and its successors and assigns.
1.02. "Lot" means any of the numbered plots of land shown on the plat and subdivision map recorded in Cabinet at Page whether improved or unimproved, and single family dwelling. The Sites.
of the Plat Records of Midland County, Texas (the "Map"), not include Common Areas or tracts designated as Drill Midland County Clerk Unofficials is intended for development, use and occupancy as a H:\ CCR .wpd 1
Records of Midland County, Texas (the "Map"), not include Common Areas or tracts designated as Drill Midland County Clerk Unofficials is intended for development, use and occupancy as a H:\ CCR .wpd 1 Midland County Clerk Unofficial Copy Owner ans the record owner or owners of the fee simple title to any Lot or of a Lot in the Property. "Owner" includes contract sellers but excludes persons security 1.03. "Owner"nofficial Copy Midland County Clerk Area 1.04. "Common Area" means 2388 Unofficial Copy all roads and streets and County in only a dedicated for use by all Lot Owners, their guests and invitees.
Association epicted on the Map which are 1.05 "Association" means BATESFIELD ESTATES PROPERTY OWNERS' ASSOCIATION OF TEXAS, INC., an association consisting of all Owners, which shall have the duty of maintaining, operating, and managing the Common Area as provided in this Declaration.
Each Owner shall become a member of the Association contemporaneously with acquiring a Lot, without any further documentation of any kind.
Board Lender 1.06 "Board" means t Midland County Clerle as the Board of Directors of the Association.
which By-Laws" means the By-laws of Batesfield Estates Property attached hereto as Exhibit "A".
Architectural Control Committee ARTICLE 2 Architectural Control Midland County Clerk Unofficial Copy Association 2.01. Declarant shall designate and appoint an Architectural Control Committee (ACC) consisting of not less than three (3) persons, which shall serve at the pleasure of the Declarant.
After the Declarant no longer owns any Lots, the Architectural Control Committee shall continue to serve. Upon the death, resignation or Committee, the Association shall.
further event the Association a person or persons to serve on the Committee. In the
tectural Control Committee shall continue to serve. Upon the death, resignation or Committee, the Association shall.
further event the Association a person or persons to serve on the Committee. In the ot in existence, then the remaining member(s) shall appoint a person or persons to serve The Committee. In the event there are no remaining members of Architectural then a majority of the Lot Owners in the subdivision new members Copympetency of any member of the Architectural Control HS ESTATES. CCR.wpd Midland County ve on the Architectural Control Committee.
2 may Midland County Clerk Unofficial Copy Approval of Plans and cification 2388 2.02. The itectural Control Committee must review and approve in writinork Unofficial Copy following djects on the Property: Midland Gotion of any residence, building, fence, wall, or other structu Midland County (b) Any exterior addition, change, or alteration in any building (c) The installation of any manufactured housing on a Lot.
Application for Approval of the wall, or other structure.
2.03. To obtain approval to do any of the work described in Paragraph 2.02, an Owner must submit an application to the Architectural Control Committee showing the plans and specifications for the proposed work. Such plans and specifications shall detail the nature, shape, height, materials, colors, and location of the proposed work.
Standard for Review 2.04. The Architectural Control Committee shall review applications for proposed work in order to (1) ensure conformity of the propese with these covenants, conditions, and restrictions and (2) ensure harmony of external In relation to surrounding structures and topography. An application can be rejected insufficient information. The Committee shall have broads discretionary Committee should ta
ure harmony of external In relation to surrounding structures and topography. An application can be rejected insufficient information. The Committee shall have broads discretionary Committee should ta deficiencies.
Onterpret and apply these standards. In rejecting an application.
the reasons for rejection and suggest how the applicant could of Committee to Act the proposed work within thirty (30) days after submission, thend County Clerke inofficial Copy Midland County 2.05. If the Architectural Control Committee fails either to or reject an application for mmittee approval shall not be required, and the applicant shall be deemed to have fully complied with this Article.
ARTICLE 3 Use Restrictions and Architectural Standards Residential Use 3.01. Except for the Lots located in Block 1 of BATES ESTATES ("the Property"), all Lots shall be used for single-family residential purposes only. Residences may be "stick-built”, modular, single-wide or double-wide manufactured homes, subject to the further and additional restrictions set forth within this instrument No manufactured home which is older than five (5) hallo permitted c years at the time of installation The Lots located in Rica residential purposes.
by the various on any Lot.
of BATES ESTATES may be used for commercial, retail, ot shall be used Heavy or Light Industrial Use as those terms are ceased by the City of Odessa, Texas.
ESTATES. CCR .wpd Midland County 3 Midland County Clerk Type of Buildings rk Unofficial Copy 3.02. No detached shall be erected, altered, installed or permitted on any Lot 238 Midland Cork Unofficial Copy quangle-family dwelling not to exceed two stories in height, Midlandstorage buildings and barns as are approved by the ACC.
Design, Minimum Floor Area, and Exterior Walls than one
Cork Unofficial Copy quangle-family dwelling not to exceed two stories in height, Midlandstorage buildings and barns as are approved by the ACC.
Design, Minimum Floor Area, and Exterior Walls than one 3.03. All residences on a Lot must have a ground floor area of not less than six hundred fortyfour (644) square feet, exclusive of open or screened porches, terraces, patios, driveways, carports, and garages.
Setbacks 3.04. Minimum building setback lines of 25' for front yards and 10' for side yards or as may be permitted in writing by the ACC from time to time.
Resubdivision or Consolidation 3.05. No Lot shall be resubdivid Notwithstanding the foregoing, such time as more than Declarant.
Noxious or 3.
br split except as approved in writing by the ACC.
Uporcentarant may resubdivide or consolidate one or more Lots until (50%) of the Lots in the subdivision have been sold by Og Activities Prohibited Midland County Midland County Clerk Unofficial Copy noxious or offensive activity shall be conducted on any Lot an annoyance or nuisance to the neighborhood.
Prohibited Residential Uses may be or may 3.07. No Recreational Vehicle (RV), camping/travel trailer or the like may be used as permanent housing. If approved in writing by the Architectural Control Committee, an RV or small trailer may be used for temporary housing for no more than six (6) months while a single family residence is actually being constructed on a Lot. The decision of the ACC in this matter shall be final and not appealable to a court of law.
Duty to maintain Lot 3.08. No accumulation of weeds or uncultivated grasses more than twelve (12") high shall be permitted. It shall be the duty of each Lot Owner to maintain, mow and trim his Lot.
Rubbish, Trash and Garbage and other waste shall be Copy
uncultivated grasses more than twelve (12") high shall be permitted. It shall be the duty of each Lot Owner to maintain, mow and trim his Lot.
Rubbish, Trash and Garbage and other waste shall be Copy 3.09. No Lot shall be used maintained as a dumping ground for rubbish or trash. tionofficial Copy trash, garbage, ot in sanitary containers. There shall be no burning or incineratio or other debris.
Midland County Clert maintained a ESTATES. CCR.wpd Midland County Clerk Unio Animals 3.10. Except for maximal Copy Midland o dogen 23881 Clerk Unofficial Copy maximum of two (2) horses per Lot and a reasonable number of dogs, other househol, no animals, livestock or poultry of any kind shall be raised, any Lot.
HOGS OR PIGS OF ANY KIND MAY BE KEPT ON ANY and other household pets may be kept in reasonable numbers, the cats and household pets for commercial purposes is strictly Large Trucks, Buses, and Trailers Kept on Although and/or breeding Midland County Cler 3.11. No large truck, such as a tractor-trailer or “big rig", bus, trailer, recreational vehicle, or motor home shall be left parked in the front yard of any Lot or on the street in front of any Lot, except for construction and repair equipment while a residence is being built or repaired in the immediate vicinity. No large truck, bus, boat and/or trailer shall be parked on the driveway or any portion of the front yard of the Lot in such manner as to be visible from the street. No portion of a Lot, including the back yard or rear area of a Lot, shall be used as a general parking lot for large trucks, big rigs, trailers, and/or commercial vehicles, it being the intent of these Restrictive Covenants to maintain the residential character of all Lots and to maintain the peace, quiet and
large trucks, big rigs, trailers, and/or commercial vehicles, it being the intent of these Restrictive Covenants to maintain the residential character of all Lots and to maintain the peace, quiet and harmony of the neighborhood. No or other carriage enterprise using large trucks and/or trailers shall be permitted to Prohibited Activities invited shall beer fessin Cucking company c 3.12. No trade rotese: CalBusiness on any Lot in the Subdivision.
Wells Midland County on any Lot.
business, or commercial activity to which the general 3.13. No more than one water well per Lot.
County Clerk Unofficial Copy 3.14. No junk yards, wrecking yards or flea markets or other similar activity shall be ever conducted on any lot. This provision shall not exclude an occasional "garage sale" by a Lot Owner.
3.17. No swimming pools, other than a child's portable wading pool, shall be permitted in the front yard of any Lot.
Reservation of Easements 4.01. With the written utility easements. No roadway.
ARTICLE FOUR Easements fence, or other obstruction shall be placed in any easement Midland County Clerk of the Declarant or ACC, the platted roadways way be used for ESTATES. CCR.wpd 5 Midland County Clerk Unoff County Clerk Unofficial Copy ARTICLE FIVE Association 23881 5.01. The Owners shall constitute the Association Midland County Clerk Unofficial Copy Creation Each Owner of a Lot, including Declarant, shall automatically be a member of the Association. Association membership shall be appurtenant to ownership of a Lot. Ownership of a Lot is the sole criterion for membership in the Association. Regardless of the number of Owners, each Lot shall be entitled to only one (1) vote.
Transfer of Membership 5.02. Association membership can be transferred to the grantee of a conveyance of a Lot in
. Regardless of the number of Owners, each Lot shall be entitled to only one (1) vote.
Transfer of Membership 5.02. Association membership can be transferred to the grantee of a conveyance of a Lot in fee. Membership shall not be assigned, pledged, or transferred in any other way. Any attempt to make a prohibited transfer shall be void.
Management of Association 5.03. The by the board Declaration.
Associatificial Copy be a nonprofit corporation. The Association shall be the procedures set forth in the Association's bylaws, Midland Cotship Voting, Elections and Meetings 5.04.
Each Owner shall have one vote.
Midland County Clericficial Copy this There shall membership each year. At that meeting the Owners shall least one meeting of the Board consisting of three (3) directors, vote on any other matters the Board chooses to place before the membership, and discuss any matter of Association business that the Board or any Owner wishes to bring before the entire membership.
Duties and Powers of Board 5.05. Through the Board, the Association shall have the following powers and duties: (a) To adopt rules and regulations to implement this Declaration and the Association's bylaws; (b) To enforce this Declaration, the pylaws, its rules and regulations.
(c) To elect officers of the Board and select members of the Architectural Control Committee when that power dewives to the Board.
(d) To delegate its powers to committees, officers, or employees.
(e) To prepare deliver a report t Midland County Clerk ESTATES. CCR .wpd balance sheet and operating income statement for the Associatio membership at its annual meeting.
6 Midland County Clerk Unofficial Copy (f) To establish an llect regular assessments to defray expenses attributable to the Vied against each Owner, including Declarant.
bership at its annual meeting.
6 Midland County Clerk Unofficial Copy (f) To establish an llect regular assessments to defray expenses attributable to the Vied against each Owner, including Declarant.
(g) To Association duties, to official Copy foreclostash and collect special assessments for capital improvements or other To those lien complaints regarding violations of this Declaration, out Midland Midland (h) I regulations.
Miens against Lot owners because of nonpayment of assessment (j) To hold hearings to determine whether to discipline the bylaws, or the rules and regulations.
Michland 23881 Clerk Unofficial Copy poses.
and to 'bylaws, or the rules who violate this Declaration, (k) To give reasonable notice to all Owners of all annual meetings of the membership and all discipline hearings.
repair.
(1) To hold regular meetings of the Board at least annually.
(m) To manage and maintain all of the Common Area in a state of high quality and in good (n) To pay taxes and assessments that are or could become a lien on the Common Area.
ARTICLE SIX General Provisions Enforcemerk Unofficial Copy.
6.01.
Declarant or any Owner shall have the right to enforce, by any Clerk Unofficial Copy I restrictions, conditions, and reservations imposed by this Declaranding at law or in or restriction shall not be deemed a waiver of the respect to the violation in question or any other violation. All by the party to be bound.
Severability Failure to enforce openforcement either with Must be in writing and signed 6.02. 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.
Covenants Running With the Land
f 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.
Covenants Running With the Land 6.03. These easements, restrictions, covenants, and conditions are for the purpose of protecting the value and desirability of the Property. Consequently, they shall run with the real property and shall be binding on all parties having any right, title, or interest in the Property in whole or in part, and their heirs, successors, and hese easements, covenants, conditions, and restrictions shall be for the benefit of the Duration and Amendme Midland County Clerk off: preach Lot, and each Lot Owner.
ESTATES. CCR .wpd 7 Midland County Clerk Unofficial Copy of 25 years from the inofficial Copy 6.04. The covenants.
and restriction ditions, and restrictions of this Declaration shall be effective for a 23881 this Declaration is recorded, after which period the covenants, continofficial Copy ions, Call be automatically extended for successive periods of ten (10) y subject to by an instrument signed by more than sixty percent (60%) of the Covenants, conditions, and restrictions of this Declaration may be by an instrument signed by more than seventy-five percent Midlamination by an in Declarant shall own at least fifty percent (50%) of the owners.from time to of the Owners. These covenants, conditions or restrictions may be amended at any by the Declarant so long as any amendment nor any termination shall be effective until recorded in the Official Public Records of Midland County, Texas, and all requisite governmental approvals, if any, have been obtained.
Attorneys' Fees 6.05. If any controversy, claim, or dispute arises relating to this instrument, its breach, or
land County, Texas, and all requisite governmental approvals, if any, have been obtained.
Attorneys' Fees 6.05. If any controversy, claim, or dispute arises relating to this instrument, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs.
Liberal Interpretation 6.06. This Declaration shall be liberal construed to effectuate its purpose of creating a uniform plan for the Property.
Midland County Clerk Unofficial ( I is executed this 20 day of February, 2015.
unty Clerk Unofficial Copy ESTATES. CCR .wpd Mithland County Clerk Unofficial Copy CR & W D STING, LLC DANNY CARROLL, Managing Member Mark W MARK WU, Managing Member 8 Midland County Clerk Unofficial Copy THE Clerk Unofficial Copy OF TEXAS Midland FT OUNTY OF ECTOR cos cos cos This instrument was acknowledged before me on the 2388 Midland County Clerk Unofficial Copy day of February 2015, by DANNY CARROLL, Managing Member of C R & W, INVESTING, LLC, a Texas limited liability company, on behalf of said company (Seal) THE STATE OF CALIFORNIA Kath I Burdette NOTARY PUBLIC, State of Texas This in Clerk Unofficial Copy COUNTY OF WU, behn of said company.
was acknowledged before me on the KATHY J. BURDETTE Notary Public, State of Texas My Commission Expires November 10, 2018 day of 2015, MARK Midland aging Member of CR & W INVESTING, LLC, a Texas limited Mity company, on See AttaMidland Clerk Unofficial Copy "Notarial Wording NOTARY PUBLIC, State of California (SEAL) Midland County Clerk Unofficial Copy ESTATES. CCR .wpd 9 Midland County Clerk Unofficial Copy ENTACKNOW Californs UMENT SURNGWELIGMENTACKNOWLED A notary public or other document to which this State of Califolerk County se Certificate of Acknowledgment
wpd 9 Midland County Clerk Unofficial Copy ENTACKNOW Californs UMENT SURNGWELIGMENTACKNOWLED A notary public or other document to which this State of Califolerk County se Certificate of Acknowledgment ompleting this certificate verifies only the identity of the individual who signed the Date is attached, and not the truthfulness, accuracy, or validity of that document.
OS ANGELES FEBRUARY 20, 2015 before me, Midland C.
personally appeared.
S.S.
Susan K. MA MARK Wu 23881 County Clerk Unofficial Copy MidA, MARY PUBL Name of Signer (1) of Notary Public, Title Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the fores true and correct.
Unofficial WITNESS my hand and seal.
Suck Malhotra Signature of Notary Public Midland County paragraph is OPTIONAL INFORMATION SUSAN K. MALHOTRA Commission # 1976622 Notary Public - California My Comm. Expires Apr 28, 28 Unofficial Copy Los Angeles County Seal Midland County ough the information in this section is not required by law, it could prevent fraudul his acknowledgment to an unauthorized document and may prove useful to per Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of. DECLARATION OF COVENANTS, Conditions, & RESTRICTIONS FOR 02/20/2015 containing 9 pages, and dated The signer(s) capacity or authority is/are as:
attached to a document titled/for the purpose of. DECLARATION OF COVENANTS, Conditions, & RESTRICTIONS FOR 02/20/2015 containing 9 pages, and dated The signer(s) capacity or authority is/are as: Individual(s) Attorney-in-fact Corporate Officer(s) Guardian/Conservator Partner Limited/General Trustee(s) Other: Titleys) BAICS CHAIG Midland County Clerk Unofficial Copy representing Name of Perbonis) Entity(ies) Styner is Representing 08-2015 Notary Learning Center - All Rights Reserved Semoval and reattachment of elying on the attached document.
Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: form(s) of identification ☐ credible witness(es) Notarial event is detailed in notary journal on: Page # 34 Entry # 7 Notary contact: Other Swank MALHOTRA Additional Signer ✓ Signer(s) Thumbprints(s) Midland County Clerk Unofficial Copy You can purchase copies of th from our web site at www.TheNotarysStore.com