vine S ers: gt 2 = RAE Sra +h cy 2 " PHIS DECLARATION, made on the date hereinafter set forth, by Frates a & Texas corporation, by and through ite duly authorised officer, hereinafter referred to as “Declarant.”
WITNESSETH : F _ WHEREAS, necrerent ie the omer of certain property, known as the Gedron Greek Ranch, in the j County of Bosque, State of Texas, which 1s more particularly described in Exhibit "A" attached “héreto and made a part hereof for all purposes (the "Ranch" ); WHEREAS, Declarant has subdivided a portion of the Ranch (hereinafter referred to as the “Property") into sectivns, depicted on Plats (hereinafter referred to as “Plat or "Plate"), more we particularly described as: . ; Two - . 2h through 36 eo Volume 219 Page Three . 37 through 58.&97 Volume 219 Page Four . 78 through 96 : .. Volume 219 Page - oT Five 99 through 119 (98 void number) Volume 219 Page , Six 120 through 147 oe " Volume 219 Page | Saven 136 through 147 : Volume 219 Page Eight - 59 through 77 (66 void number) Volume 219 Page WHEREAS, Declarant plans to offer the Property for sale as individual Tracts; and ; | " WHEREAS, Declarant plans to provide for the formation of a Texas non-profit corporation, heii E members are the owners of the Tracts, for the purpose of: aesuring the upkeep, maintenance, and adaini stration of the improvements located within the Property, including the Roads, Water System, and improvements hereafter erected thereon, and for the purpose of enforcing the restrictions | and covenants set out herein and collecting and disburaing the assessments and charges herei P ) , set forth. ; i.
ements hereafter erected thereon, and for the purpose of enforcing the restrictions | and covenants set out herein and collecting and disburaing the assessments and charges herei P ) , set forth. ; i.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold, and conveyed | purpose of protecting the value and desirability of, and which shall run with, the Property and he | binding on all parties having any right, title, or interest in tha described properties or any f part thereof, their heirs, successors, or assigns, and shall inure to the benefit of each owner | therecf. , - ARTICLE I ot DEFINITIONS .
Section 1, “Association” shall mean and refer to Cedron Creek Ranch Association, a Texas , non-profit corporation to be formed by Declarant, ite successors or asalgns.
Section 2, "Owner" shall mean and refer to the record owner of fee simple title to any Tract or any portion thereof, or a purchaser under contract for deed, whether one or more persons or entities, excluding those having such interest merely as security for the performance of an obli-j gation, provided a purchaser at a forecloeure sale or trustee's sale shall be deamed an Owner. ; Section 3. "Property" shall mean and refer to that certain real property hereinbefore descrilj pd and such additions thereto within the Ranch as may hereafter be brought within the alates | of the Association, by ‘the power retained in Section 1 of Article II hereof.
Section 4. “Water System™ shall mean and refer to the wells, pipes, filtration, and purtfieay dh apparatus usad to supply water to the Property, constructed and owed by Declarant according to
hereof.
Section 4. “Water System™ shall mean and refer to the wells, pipes, filtration, and purtfieay dh apparatus usad to supply water to the Property, constructed and owed by Declarant according to plane and specifications to be determined solely by Declarant (subject to orem regulations), and to be sold to the Association, , Sch ited aint ahaeiere ek ot wslcrk sada mee: BMA os AUS Hemieiet Ge: |S Mees A poate one nt eee ITY yap! rE RO 8 Reet ake cnet pain ik sand ie ol See Pe ee ees .
“| inelude all improvements and additions placed thereon.
one Crea : Speereven ee § arrayed | roads, as shown on the Plats. Such Roads are owned by Declarant and are to be constructed by | Declerant according to plans and specifications to be determined solely by Declarant (subject | or other legal entity.
"and for use of the Water System including fees for meters, installation, and water used?
‘Section 6. “Road wall neat aS of the private 8, lanes, drives, boulsvards oF to any governmental regulations).
Section 7, “Member” shall mean any person who owns & fee interest in a Tract or ia a purchaser under contract for dead.
Section 8. "Membership" is defined in Article ‘IV.
Section 9, “Person” shall mean an individual, corporation, partnership, asaocfation, truet, Section 10. "Board of Directors" shall mean the Board of Directors of the Association.
“= . .
= ARTICLE II - POWERS IN DECLARANT . ‘ Section }, Annexation. In the event the Declarant develops additional lands within the boundary of the Ranch, such additional land may be annexed to the Property by the Declarant's filing of record an amendment to this ‘Declaration, in at cage such additional real property
ds within the boundary of the Ranch, such additional land may be annexed to the Property by the Declarant's filing of record an amendment to this ‘Declaration, in at cage such additional real property shall be subject to this Declaration.
Section 2. “Lot and Road Boundaries. - The Declarant reserves the right to make such chaniges in the boundaries of Tracts not sold to others and in the location ef Roads (a8 it deems advisable provided that any such changes shall not unrqegenaDly or substantially adversely affect the boundaries or the beneficial use and enjoyment of any Tract then owned by Persons other than Declarant, and provided Declarant complies with all provisions of any applicable law or ordinance ARTICLE IIT PROPERTY RIGHTS IN ROADS AND WATER SYSTEM Section 1. Owners’ a of Enjoyment, Every Owner shall have a: non-exclusive right and easement of enjoyment in and to the Roads which shall be appurtenant to and shall pass with the title to every Tract, and the right to connect to the Water System, subject to the following: (a) the right of the Association to charge reasonable fees for the maintenance of the Roads ” .
{b) the right of the. Association, with the permission of the Declarant, to dedicate or transfe: a fee interest in, or an easement on, all-of any part of the Roads to any public agency, authorit or utility for such purposes. So long as Declarant is-the record title holder of any Tract to which this Declaration applies, no such dedication or transfer of a fee interest shall be effective unless an instrument signed by Declarant, agreeing to such dedication and - sransfer, has been recorded; .
(c) the right of tha Association to borrow money for the purpose of improving or replacing
ve unless an instrument signed by Declarant, agreeing to such dedication and - sransfer, has been recorded; .
(c) the right of tha Association to borrow money for the purpose of improving or replacing Roads or the Water System, or performing the maintenance obligations and providing the services set forth in Article VI hereof and, in connection therewith, to mortgage the Water System; and (4) the right of the ‘Association to contract for services with third parties on such terms as the Association may determine in the best interest of the Association.
Section 2. Exercise of Powers. The powers reserved in the Association in Section 1 of thia Article, and any other powers of the Association created herein, shall be exercised by the Board of Directors unless specifically provided otherwise. —. - _ " Section 3. Development, Sale, and Conveyance of Roads and Water ayiceiis. The Declarant shall proceed expeditiously to construct the Roads and Water System and shall complete both within two (2) years from the date of filing hereof. The Declarant may sell and convey the Roads and. Water System to the Association at any time, and shall be obligated to sell and convey them te the Association when ninety percent (904) of the Tracts have been initially sold and conveyed by the Declarant. The Association. shall accept the sale and Conveyance of tha .
Roads and Water System from Declarant, The Roads shall be conveyed to the Association at no ost to the “Association, The Water rhea shall be ar to. “the "saan at helaeaty coat (as evidenced by paid receipts to be furnished to the Association) and shall be conveyed to he Association subject to vendor's and deed of trust liens to secure payment thereof,
"saan at helaeaty coat (as evidenced by paid receipts to be furnished to the Association) and shall be conveyed to he Association subject to vendor's and deed of trust liens to secure payment thereof, Simultaneously with the conveyance of the Water System to the Association, the Association shall execute a promissory note and deed of trust providing for forty (40) equal semieannual installments Commencing six (6) months after the conveyance of the Water System, with the entire purchase price,| and interest thereon at ten percent (10%) per annum, due and payable in full twenty (20) years afte, the date of the conveyance. After such conveyance » the Association shall be responsible for the aintenance and operation of the Roads and Water System. Until such improvements are conveyed to fi the Aseociation, the Declarant shall have the exclusive use and control thereof, except that the a Owners shall have the reasonable right of access over and along the Roads and a right to connect : to the Water System and to receive water at the metered price for such water, as determined by ty Declarant, so long as Declarant ows the Water System and Roads. So long as Declarant. ome the Wa | es System and Roads, all Annual and Special Assessments collected by the Association shall be paid to Declarant as reimbursement for its cost of maintaining the Roads and Water System. Any surplus | amounts over and above Declarant's costs for such maintenance shall be returned to the Association J ARTICLE IY MEMBERSHTP AND VOTING RIGHTS Section 1. "Membership" is defined as the voting rights allocated to each Tract by eis of Members. Each Person (including Declarant) who ig an Owner of any Tract shall have one “Menbershty
TING RIGHTS Section 1. "Membership" is defined as the voting rights allocated to each Tract by eis of Members. Each Person (including Declarant) who ig an Owner of any Tract shall have one “Menbershty in the Association for each Tract omed, regardless of the number ‘of Persons who hold an interest ih in said Tract (if two or more Persone are the Owners of one Tract, or any portion thereof, then Bug Persons shall, in any case, possess Only one Membership in the Association). Each Owner shall | Provide the Secretary of the Association, in writing, with the name of such Owner, his address and | is telephone number, and the name and address of the Person who shall vote the Membership attributabld to the Tract. The foregoing is not intended to include Persons who hold a vendor's lien, deed of } trust lien, or other security interest in a Tract, until such Persons become. the Owners of such Trdcte.
The Membership shall be appurtenant to, and may not be separated from, ownership of any Tract, and| the transfer of any Membership not made as part of a sale of a Tract shall be null and void.
Ownership of a Tract shall be the sole qualification for being a Member of the Association.
Section 2, The Association shall have two (2) classes. of Membership: Class Ae All Owners, with the exception of Declarant, shall possess Class A Membershi pa seyerrr etary a Tia ne ares 3 (a Sas geen SE svt eta el Ane ee ek ee ARIS and shall be entitled to cast one (1) vote for each Tract owned. Glass B. The Declarant shall possess the Claes B Memberships and shall be entitled to cape nine (9) votea for each Tract owned. Class B Memberships shall cease and be converted to Clase A | Memberships on the happening of either of the following events, whichever occurs earlier: © Pare en le aes
(9) votea for each Tract owned. Class B Memberships shall cease and be converted to Clase A | Memberships on the happening of either of the following events, whichever occurs earlier: © Pare en le aes a (4) when the total votes outstanding in the Class A Memberships exceed the total f votes outstanding in the Class B Memberships, or H (44) on November 1, 1934.
. Section 3. Each Owner. shall have the right to vote, in person or by proxy, the Membership or Memberships in the Association attributable to the Tract or Tracts owed. When more than one Person owns an interest in any Tract, all such Persone shall be Members, but only one Membership may be voted for each Tract by the Person designated in writing to the Secretary of the Associatiol ao required by Article IV, Section 1, above. In the event of failure to designate a Person to vor the Membership, no vote may be cast at Association meetings with regard to that Membership.
Section 4. Additional Remedies. In addition to the remedies provided in Article V, Section 7, the Board of Directors may suspend the voting rights of any Member for any period during which bed SoA, wt legs ce ae | I any assessment against his Tract remains unpaid. | , | if | i I ae tnt onl.
Ee Declarant. The Annual Assessments and Special Assessments, together with interest, and costs Of collection (ineluding reasonable attorney's fees), shall be a charge on the land and shall be ‘Declarant, for the performance of all or any Portion of the duties of the Association provided v COVENANTS FOR MAINTENANCE ASSESSMENTS: t Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Tract (excapt Declarant), by acceptance of a deed therefor, whether or not 1t shall be so
NCE ASSESSMENTS: t Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Tract (excapt Declarant), by acceptance of a deed therefor, whether or not 1t shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Association: " ; (a) "Annual Assessments" described in-Article V, Section 2, and _ (b) “Special Asseasments" described in Article V, Section 4, such Assessments to be fixed, established, and collected as hereinafter provided and to be ane?
Secured by a deed of trust lien to be created by Owners'upon transfer of title to Omers by rhs a continuing lien upon the Tract against which such assesement is made. The obligation to pay such assessments being part of the purchase price of each Tract, such lien shall be superior and Paramount to any homestead or other exemption provided by Jaw. Each such assessment, together with interest, costs, and Feasonable attorney's fees, shall also be the personal obligation of the Person who was the Owner of Such property at the time when the assessment was levied. The IAPS ee ae personal obligation for delinquent assessments shall not pass to an Owner's succussor—in-title unless expressly assumed. by him, but, nevertheless, the lien as to such assessments shall continu to be a lien on the Tract as above provided.
Section 2, Purpose of “Assessments, Annual Assessments levied iby the. Association shall be used exclusively to promote the health, safety, and welfare of the Owners in connection with’ the Roads and Water System,and other maintenance of common facilities, including, without limitation, the following: , (a) effecting maintenance, upkeep, repairs, replacements, and additions to the Roads, Water
and Water System,and other maintenance of common facilities, including, without limitation, the following: , (a) effecting maintenance, upkeep, repairs, replacements, and additions to the Roads, Water System, gates, entranceways, signs, and lighting, and performing all maintenance duties and providing of ail Services specified in Article VI of this Declaration; (b) paying ad valorem and other property taxes and assessments levied on the Roads and Water System: (e) contracting for such employees and independent contractors necessary or appropriate to the operation and Maintenance of the Roads and Water System and supervision thereof, and the performance of all duties and the providing of all services specified in Article VI of this Declaration; specifically, the Association may contract with any Person or entity, including herein; (d) providing utility services for the Water System, and lighting for the Roads; and (¢) obtaining general public liability insurance, property damage insurance, and extended coverage insurance in accordance with Article VI of thie Declatation, Section 3. Maximum Annual Assesrment. Until January 1 of the year immediately following the sale (including sale by contract for deed) of the first Tract to an Omer, the Maximum Annual Assessment shall be One Hundred Twenty Dollars ($120.00) per Tract, ¥, eeeiimeh eters (a) Commencing January 1, 1976, the Annual Assesament may, at the option of the Board of Directors, be increased each year, effective January 1 of euch year,. without a vote of the: Members, in the same proportion as the increase, if any, of: the Consumer Price Index for Urban.
Wage Earners and Clerical Workers = U.S. City Average published by the Department of Labor, :
e of the: Members, in the same proportion as the increase, if any, of: the Consumer Price Index for Urban.
Wage Earners and Clerical Workers = U.S. City Average published by the Department of Labor, : Washington, D.C., ior the preceding month of November over that of the November previous.
(The Annual Assessment as so increase is hereinafter called the "Maximum Annual Assesement" ©.
for that year, ) os 7 i 4 8 2 oo my Dh Cea et de ote ia “v.
24 Ae ony Ty ioe oh CDBe st xo Ree Protere gees MPA ee Bt ey iT TNR er Soo SER ae Ty tie TEE Lise oe {Maximum Annual Assessment may be increased by vote of fifty-one percent (51%) of the votes cast by! : f . in excess of the Maximm Annual Assessment as determined in Section 3 of this Article. The (b) If, at any tims, the Board of Directeme fc the Maximim Annual” ssessnent if inadequate to fulfill the functions of the Association, it shall duly call a meeting of the Association for the purpose of increasing the Maximum Annual Assessment. At such meeting, the | Members. Such increase shall continue until fifty-one percent (51%) of the votes cast by Members at a meeting duly called for that purpose shall decide otherwise, or until the Maximum Annual Assessment figure set by the computation described above shall be niger in which case the Latter} shall be the Maximum Annual Assessment amount. | (c) The failure of the association to fix the Annual Assessments, as provided. herein, for. any} year shall not be deened a waiver or a release of any Omer from his obligation to pay the Annual | Assessment, but the Annual Assessment fixed for the preceding calendar year shall continue until 7 & new Assessment is fixed. | Section 4. Special Assessments. In addition to the Annual Assessmente, the Association may .
Annual Assessment fixed for the preceding calendar year shall continue until 7 & new Assessment is fixed. | Section 4. Special Assessments. In addition to the Annual Assessmente, the Association may .
levy in any year Special Assessments for the following. purpeses: ‘ .
(a) Defraying, in whole or in part, the cost of any construction or reconstruction, unexpected) 2 Noe er tat os rn ny emed ars, eR repair or replacement of a capital improvement in connection with the Roads or Water System; provided that any such assessment shall have the assent of at least fifty-one percent (51%) of the} votes cast by Members at a meeting duly called for this purpose, [ : (b) Defraying the amount of any deficit created by an excess of expenditures of the Assoctatig over receipts for the previous year; provided the maximum amount of any Special Assessment for this purpose may not exceed fifteen percent (15%) of the Annual Assessment for the current year.
(ce) Paying for repairs and restoration and replacement and remedying violations pursuant to a Section 3 of Article VI. | Section 5. Notice and Quorum for Any Action Authorized Under Sections 2. and ke . ; le : lf f i 7 | | Written notice of any meeting called for the purpose of taking any action authorized under Sactio: 3 or 4 above shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. Such notice shall ‘set forth the purpose of the meeting. At the first such meeting called, the presence of Members or of proxies antitled to cast sixty percent | (60%) of all of the votes eligible to be cast, pursuant to the designation of Persons to vote the | Memberships as required by Article Iv, Section i, above, shall constitute a quorum. If the |
rcent | (60%) of all of the votes eligible to be cast, pursuant to the designation of Persons to vote the | Memberships as required by Article Iv, Section i, above, shall constitute a quorum. If the | required quorum is not present, another meeting may be called subject to the same notice : ™ E requirements, and the required quorum at the subsequent meeting shall be one-half (1/2) of the 4 I required quorum at the preceding meeting. No auch subsequent meeting shall be held more than. . | thirty (30) days following the preceding meeting, | fl Within thirty (30) daya prior to the beginning of each calendar year and after consideration of | current maintenance and replacement costs and a reasonable reserve for contingencies of the Association, the Board of Directors shall estimate and fix the Annual Assessment at en amount not | ; | ‘Association shall then notify each Owner of the amount of tha Annual Assessment by March lst of | such calendar year, and each Owner shall pay the Annual Assessment in on or before April let of such calendar year, or shall commence monthly payments of one-twelfth O/2) of such -Annual | Assessment per month until fully paid. In the event the amount of the Annual Assesement proves to be inadequate at any time during the course of a calendar year, the Board of Directors may .
Correspondingly, 41f the amount of the Annual Aiea is creating a surplus in excess of that : necessary as a reserve for contingencies, the Board of Directors may decrease the Annual Assesen wht. .
In either event, the Association shall notify each Owner, in writing, of the amount of the new 2 —-
essary as a reserve for contingencies, the Board of Directors may decrease the Annual Assesen wht. .
In either event, the Association shall notify each Owner, in writing, of the amount of the new 2 —Assessment and each Omer. shall be obligated to pay @ propertionate part of the new Annual Assess hent nya 24; sa 4: gent RINnAS | Meksewadsnes Te oe erent Te te a apm ehh al uatn Lids Baden ition FA a ELIA Ta on the first. a ‘of each: calendar “month for the ‘remainder “of the Talendee year.
Aesociation shall, upon request of an Owner at any time, furnish a certificate, in writing, Signed by an officer of the Association, setting forth whether or not the assessment on the Tract owned by such Omer has been paid. A reasonable charge may te made by the Association ‘for the issuance of these certificates. Such certificate exaene be conclusive evidence of payment of any assessment therein stated to have been paid.
Section Z-» Effect of: Nonpayment of Assessments: Remedies of the Association.
“Any assessment, or monthly installment thereon, not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent. (10%) per annum.
The Association may bring an action at law against the Owner personally obligated to pay the ; same, and/or foreclose the deed of trust lien to be executed by each Owner prior to conveyance off .
seen hater Be a — Sn _ the Tract by Declarant against the Tract and interest, costs, and reasonable attorney's feos for such action shall be added to the amount of such assesements as part of the lien against the Tract. No Owner may avoid or escape liability for the assessments provided for herein by non-use of the Roads and Water System or abandonment. of his Tract.
assesements as part of the lien against the Tract. No Owner may avoid or escape liability for the assessments provided for herein by non-use of the Roads and Water System or abandonment. of his Tract.
Section 8, Subordination of the Lien to Mortgares. The lien for ‘the assessments provided ra . for herein shall be aubordinate to the lien of any first mortgage or deed of trust lien or any é lien securing a debt incurred in purchasing or improving any Tract. Sale or transfer of any Tract shall not affect the assessment lien. However, the sale or transfer of any Tract, pursuan | tO mortgage forecloaure or any proceeding in lieu thereof, shall extinguish the lien of such .
“assessments as to payments which become due prior ‘to such sale or transfer. No sale or transfer shall relieve such Tract from iiability for any assessments thereafter becoming due or from the lien thereof, except if a mortgagee shall purchase a Tract at a foreclosure or trustee's sale, in which case assessments shall be Suspended until such Tract is sold by such mortgagee or until such Tract is occupied as a residence, whichever shall occur first.
Section 9. All Assessments Pro Rata, The assessment made against any Tract shail in no case be higher or lower than the assessment against any other Tract, except for: Special Assessments allowed pursuant to Section 3 of Article VI, which are properly sterinatabls £8, the judgment of the Association, to less than all of the Tracts. .
, Section 10. Diminution or Abatement. _No diminution or abatement of assessments shall: if - - be allowed or claimed for inconveniences or discomfort arising from the making ‘of repairs or improvements to the Roads and Water System, or Tracts, or from any action taken to comply with
all: if - - be allowed or claimed for inconveniences or discomfort arising from the making ‘of repairs or improvements to the Roads and Water System, or Tracts, or from any action taken to comply with any law, ordinance, or order of a governmental authority.
Section Jl. Aseessments and. Dec larant, Notwithatanding anything herein to the contrary, | ‘the Declarant shall not be required to pay any Annual Assessments or Special Aseessments, except with respect to any Tract owned by the Declarant which is occupied as a residence.
ARTICLE VI . | .
MAINTENANCE BY AND SERVICES OF THE ASSOCIATION Section 1. Roads and Water System. The Association shall maintain the Roads and Water System after conveyance of such improvements to the Association and shall obtain general a public liability and property damage insurance with regard to the Roads and Water System, ‘ and fire and extended coverage insurance on tha Water System. | . ; Section 2. Easement, The Association is hereby granted an easement of use and right= a) . Of way on all Tracts in order to comply with the terms of this Article aA entry on a Tract -_ fi _ for such purpose shall not be deemed a trespass. . . : Section 3. Willful or Negligent Acts. In the event that the need for mainvenance or - repair is caused through the willful or negligent act of any Owner, tits family, guests, or.
invitees, the Association shall add the cost of such maintenance or eames as a Special | S Assessment, to the normal assessment of such Owners ‘ ¥ a ARTICLE VII : i.
g PERMITTED USES AND RESTRICTIONS © . j Section 1. Definitions. For purposes of this article, the following terms are hereby defined as follows: . 2 (a) “Multi-Family Dwelling" shall mean a building having accommodations for and occupied 5 !
ection 1. Definitions. For purposes of this article, the following terms are hereby defined as follows: . 2 (a) “Multi-Family Dwelling" shall mean a building having accommodations for and occupied 5 !
exsluatvely by two (2) or more families... : : (b) “Single-Family Dwelling" shall mean a building inst ineluding a mobile home as defined below) having accommodations for and occupied exclusively by one (1) family. ; | (c) "Family" shall mean one or more persons occupying a premises and living as a single housekeeping unit, as” ‘Ad stingutehed from a group occupying a boarding house, lodge, or hotel. (4) “Mobile Home” shall mean a movable or portable dwelling which is constructed on a chassis} and which is designed: (i) to be towed over Texas roads and highways under special permit, (44) ror ee = Tam oo SR Lr aeEeh Sree rot year-round occupancy, (111) primarily to be used without a permanent foundation (but which may sit| ko PHF roi = r upon @ permanent foundation), and (iv) to be connected to utilities. The following shall not ibe included in this definition: : vehicles; and ° (2) manufactured modular’ housing which is designed to sit on a permanent foundation and which Coe EP ne et ve ats os ees aes uses Standard sheathing, roofing, siding, and electrical, plumbing, and heating systems.
(e) “Mobile Home Park" shall mean a unified development of mobile home spaces for rent, lease| or sale arranged on a Tract.
(f) "Retail Business" shall mean stores selling commodities at retail, restaurants, service | stations, laundries, and other personal service and retail Operations; hotels, motels, offices,
n a Tract.
(f) "Retail Business" shall mean stores selling commodities at retail, restaurants, service | stations, laundries, and other personal service and retail Operations; hotels, motels, offices, and local businesses supplying every-day shopping needs for the. immediate area} taverns, cocktail lounges, and nightclubs; and such other commercial operations as the Association may authorise. | Section 2. Single-Family Dwelling. Except as set forth in the following sections, no Tract within the Property shall be used or occupied for other than Single-Family Dwellings; provided, however, that Declarant may maintain a. sales office on any of the unsold Tracts; and provided, — further, that one (1) mobile home may be used and occupied on each Tract when authorized by the Association. When division of Tracts is permitted, pursuant to Section 8 below,-no division of | Tracts, resulting in more than one (1) Single-Family Dwelling for each full acre within the Tract, . | ie permitted. Single-Family Tracts are designated on Exhibit "pr attached hereto and made a part hereof for all purposes, and on the Plats, as "R." | Section 3. Multi-Family Dwelling. For-the first’ two (2) years from the filing date of this , Declaration, the Tracts centenerat on Exhibit "B" and the Plate es "MF shall be used and occupied as Single-Family Dwellings only. After said initial two (2) year period, such Tracts may be usea | a not exceed four (4) for each full -Rere of land within the Tract. : Section ke Mobile Homes. For the first two (2) years from the filing date of this Declaratig e
lies residing on each Tract shali | a not exceed four (4) for each full -Rere of land within the Tract. : Section ke Mobile Homes. For the first two (2) years from the filing date of this Declaratig e Dwellings only; provided, however, that during this initial two (2)-year period, one (1) Mobile , | Home per Tract is permitted. After the initial two (2)+year period, ‘such Tracts may be used for Single-Family Dwellings, pursuant to Section 2 above, or may be used as Mobile Home Parks, Sera ae ati EI Mobile Homes located on the Tract shall not exceed four (4) for each full acre within the Tract. | i Section 5. Stable Operation, Tracts 30 and 32 may be used for Single~Fantly Dwellings, pursue : t Bl to Section 2 above, or may be used for the Limited acme purpose of stable or other equestris BL operations. These Tracts are designated on Exhibit t "BY and th the Plats as "LC." | tome They fees EZE NES tee” err re ssa ee uged for Single-Family Dwellings, or may be used for Retail Business purposes as defined herein.
Section 7, Temporary Residences, No recreational vehicle or other trailer, basement of any incomplete building, tent, shack, garage, or barn, and no temporary building or structure of any kind, shall be used at any time for residences, either temporary or permanent. Temporary _ buildings or structures -used during the construction, repair, or remodeling of @ dwelling on any Tract shall be moved immediately after completion of such construction. _ Section 8. neral Restr gtions on Dividing Tracts. - If the property held by Owner in fee
r, or remodeling of @ dwelling on any Tract shall be moved immediately after completion of such construction. _ Section 8. neral Restr gtions on Dividing Tracts. - If the property held by Owner in fee simple consists of five (5) acres or more, but not over ten (10) acres, the same shall not be divided 45 any manner into any Tracts smaller than five (5) acres for @ period of two (2) yeara after the filing date of this Declaration, if the Tract held by Owner in fee simple is in excess of ten (10) acres, the same may be divided, provided that such @ivision resulte in seach lot being five (5) acres or more. , , .
Section 9. Noxious Uses. The land and improvements located on each Tract shall not-be used $0 a8 to disturb the neighborhood or occupants of adjoining property or to constitute a nuisance: or to violate any public law, ordinance, or regulation from time to time applicable thereto.
Nor shall such land and improvements be used for any Purpose which will create or emit any objectionable, offensive, or noxious odors, dust, gas, fumes, or other material. , ' Section 10, Animals. Only a reasonable number of animals or birds (except for swine, which. : | "ot be kept on any Tract) shall be maintained on any Tract, and then only if they are kept or bred for other than commercial purposes. All domestic livestock mst be securely fenced.
No Owner shall permit any animal or bird to make an unreasonable amount of noise, or to become a nuisance. Upon the written request of any Owner, the Board of Directors shall conclusively -_ determine, in its sole and absolute discretion, whether the number: of animals or birds on any such property is reasonable; Provided, however, the Board of Directors may, upon application,
lusively -_ determine, in its sole and absolute discretion, whether the number: of animals or birds on any such property is reasonable; Provided, however, the Board of Directors may, upon application, permit any Owner to keep any animal upon hia Tract or Tracts upon such terms and conditions as the Board of Directors deena appropriate.
Section 11. Nuisances, No rubbish or debris of any kind shall be placed or permitted to | accumulate upon or adjacent to eny Tract, and no odors shall be permitted to arise therefrom, so as to render any such property or portion thereof unsanitary, unsightly, offensive, or detrimental to any other property in the vicinity thereof or te its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detriment to any other property in the vicinity thereof or to its occupante, _ , # Section 12. Repair of Buildings, No building or structure upon any property within any Tract shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. _ Section 13. Trash Gontainers and Lollection. No garbage or trash shall be Placed or kept on 1 any Tract except in covered containers, Trash of all types may be butned upon a Tract only upon the issuance of a permit by the Board of Directors. : Section U.. Mineral Exploration. Except where permitted by the Board of Directors, no Tract or common area shall be used in any manner to explore for or to remove: any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or eny earth substance -of any kind.
Section 15. Machinery and Fouipmente Without the approval of the Board of Directors or
any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth, or eny earth substance -of any kind.
Section 15. Machinery and Fouipmente Without the approval of the Board of Directors or Declarant, no machinery or equipment of any kind shall be placed, operated, or maintained upon or adjacent to any Tract except such machinery or equipment as i¢ weual and customary in Bosque or appurtenant structures or recreational facilities maintained by the Associations provided, “however, such machinery or equipment may be eo placed, operated, or maintained by any governments or quisiegovernmental, agency or a: public utility. , ge,“ 2 * as har ed Fara FASE SE ET Rt eG aa area see eh Ware aera EEE SERRE oie Renate freee re em as EP vires FH Seas.
nay, a3 STRATE, ti Ci ee ey ot aKS =.
mpi ae ae Sa joasement, either directly or indirectly, is prohibited.
CE os AEE en on eee pecr a = Eisen ae Ea eT any Tract which shali induce, breed, or harbor plant diseases: or noxious ineections. : 1 isposal of sewerage - ‘hall be allowed, which would result in raw or untreated Sewerage being carrie into the waters of Lake Whitney or which would result in raw or untreated sewerage remaining on the | Surface of the Tract. No means of sewerage disposal may be installed or used except a septic tank | or similar or improved sanitary methods of Sewerage disposal, mesting the requirements of, and...
approved by, the proper governmental authorities, having jurisdiction with respect thereto.
tic tank | or similar or improved sanitary methods of Sewerage disposal, mesting the requirements of, and...
approved by, the proper governmental authorities, having jurisdiction with respect thereto.
rainage of septic tanks or other sewerage disposal facilities into any Road, ditch, or surface | ARCHITECTURAL COMMITTEE No building, boundary fence or wall, or other structure shall be commenced, eracted, placed, for altered on any Tract until the plans and specifications, showing the nature, kind, shape, dimendi fone, — materials, exterior color scheme, and location of such structure, shall have been submitted to and | representative; provided that if said Committee or ita duly authorised representative shall fail : after the same shall have been submitted to them or him for. approval, such plans, specifications, | and locations shall be deemed to have received the approval of said Committee, or its duly . | authorized representative. : : a 1.
Said Committee, or its duly suthorteea <Gpcdiontskiive, shall have the right to disapprove ‘any such plana, specifications, or locations which, in their or his opinion, area not suitable or desirable for assthetic or other reasons; and in so passing upon such plans, specifications, and : locations, they or he shall have the right to acquire as many ae four (4) elevation drawings to | fronte, and to take into consideration the suitability of the proposed building or other structure | and of the materials of which it is to be built and the site upon which it is proposed to erect | i | } . _
he materials of which it is to be built and the site upon which it is proposed to erect | i | } . _ the same, the harmony thereof with the surroundings, and the effect of the building or other struc jure , as planned, on the outlook from the adjacent or neighboring Tracts.
For a term of two (2) years from the date of filing of this Declaration, the Architectural | Committee shall be composed of three (3) members, Raymond E. Thomas, Robert F. Mayer, ond Jack Ve, Hazzard. In the event of the death, disability, or resignation of the said membera of the Committee during the two (2)~year term, Declarant, its successors or assi. gns, shall appoint: new members to fill the vacancy created. At the expiration of the two. ( 2)-year term, the Architectur, Committee shall be composed of such members and in such numbers as the Board of Directors, ine { regularly scheduled meeting, shall designate. The submission for approval of plans and epacificats ona shall be by registered or certified mail, return receipt requested, addressed to the Comittee at 1515 City Bank Building, Austin, Texas 78701, Attention Lake Whitney Architectural Committee, and date of mailing of such notice. The address of the Comnittea for receipt of plans: and speci ficatd¢q oe may be changed by the Committee sending notice to the Tract Owners. .
_ DEVIATIONS The Assooiation may grant approval for deviations from the restrictions provided in Article’ : -_ VII. Such approval shall require the affirmative vote of three=fourths (3/1) of all votes anteslag:
NS The Assooiation may grant approval for deviations from the restrictions provided in Article’ : -_ VII. Such approval shall require the affirmative vote of three=fourths (3/1) of all votes anteslag: to be cact by Membera at a meeting duly called for this purpose, written notice of which shall be | ge .
delivered to all Members not less than ten (10) daya nor more than fifty (50) aes before the date of the meeting, setting forth the Purposes of the meeting.
na aire ee an nn meena FIRS ar RTT 7 petydeusse-s ale Section 16, 6. Discsses ‘and. on, ‘Ro Omer shall permit “anything or ‘Condition to exist pon | — } { | Eo SASS AREER SERIE SRS Te Fe a Re Eee eee ee ET Erte nirerrs Se | ES | , BUILDING SET-BACK PROVISIONS , No structure, building, or improvement shall be constructed, erected, placed, or maintained . | on any Tract restricted in-use to residential purposes nearer than twenty-five (25) feet to the A: boundary line of any Road. No structure or improvement, except for fencing which is expressly interior lot line or nearer than fifteen (15) feet to the rear lot dine on any Tract having @ permitted use of residential purposes only. No structure or improvement shali be constructed, erected, Placed, or maintained on any Tract where a retail or limited commercial use is permitted nearer ‘than thirty-five. (35) feet from any Road boundary line. The term "structure or improvement" Reo) sno ludes fencing, gates, and walls. ; ARTICLE XI EASEMENTS AND RICHTS=OF-WAY Section 1. General Easement. The Declarant, so long as he shall retain record title - any.
Tract or the Water System and Roads, and the. Association thereafter, reserve the right and
AND RICHTS=OF-WAY Section 1. General Easement. The Declarant, so long as he shall retain record title - any.
Tract or the Water System and Roads, and the. Association thereafter, reserve the right and | easement to the use of the Water System and Roads and any Tract, or any portion thereof, as may. .
be needed for repair, maintenance, or construction of such Water System and Roads.
Section 2. | Drainage Easement, Each Owner covenants to provide auch easements for aretnaes , and weterflow as the contours of the land require.
Section 3. Vid iity Easements An easement of ingress and egress is héneby granted on ali Tracts in favor of any utility company for the purpose of the repair, construction, and maintenande of all utilities; provided, howaver, no new utilities may be constructed, or no existing utili- | ties may be relocated, without the prior approval of the Declarant prior to conveyance of title to the Roads and Water System to the Association and, thereafter, without the prior approval of the Association.
Section 4, Road Right—of~Way. Declarant is the owner of all Roads shown on ‘the ates The property owned by Declarant on which the Roads are located is thirty (30) feet in width and .
is depicted by a solid line on the Plate. A fifty (50)-foot right-of-way is depicted by a heavy broken line, consisting of one (1) long and two (2) short dashed lines in series, on said Flate and extending ten (10) feet upon the Tracts and running parallel to the outer boundaries foot strips running parallel to the Roads owned by Declarant, said rights-of-way are required by the County of Bosque in order for that county to accept a-dedication of Roade as public Roada
ten (10)< foot strips running parallel to the Roads owned by Declarant, said rights-of-way are required by the County of Bosque in order for that county to accept a-dedication of Roade as public Roada eligible for county maintenance. If, after Declarant has conveyed the Roads to the Cedron Creek Ranch Association, in accordance with Article ITI, Section 3, above, the Owners of any Tracts wis to dedicate the private Roads to the County of Bosque as public Roads, the Owners of each Tract the Plats. Until such time of dedication by the Owners of the Tracts, such ten (10)foot strip will, and is intended to, remain under the exclusive use and control af the Owner of the h RRA subject to this Declaration. ARTICLE XIT . ‘ GENERAL PROVISIONS Section 1. Enforcement. The covenants, conditions, easements, and restrictions herein set forth shall run with the land and bind the Declarant, except as otherwise provided, its successor {— f and assigns, and all perties claiming by, through, or under Declarant, shall be taken to hold, agres, and covenant with the Declarant, its successors and assigns, to conform to and observe.
said covenants, conditions, easements, and Testrictions as to the use of said Tracts and ‘the | construction of improvements thereon. No restriction herein set forth shall be personally biidang on any Person except in respect to ‘breaches S committed during } 7 Peele eae: oi e CS Ba Sooo Be a RE sa ENE I 2S FT RE re lure of any ‘Omer or Owners of the Gaia to enforce any of the “covenants, is _ asenents, or restrictions, or to exercise the easements, herein set forth shall in no event be eemed @ waiver of the right to do so or to enforce others. . .
aia to enforce any of the “covenants, is _ asenents, or restrictions, or to exercise the easements, herein set forth shall in no event be eemed @ waiver of the right to do so or to enforce others. . .
Section 2. Inyvalidation. The invalidation of any of the covenants, conditions, easements, or | strictions set forth herein by judgment or court order shal din now ee, affect ony other provision} ch ahall remain in full force and effect.
Seetion 3. Right po Assigns The Declarant may, by appropriate instrument, assign or convey to | lany Person any or all of the rights, reservations, easements, and privileges herein reserved by th eclerant, and upon such assignment or conveyance being made, ite assigns or grantees may, at vheiy option, exercise, transfer, or assign such rights, reservations, easements, and privileges or any one or more of them at any time or times in the same way and manner as those directly reserved by | them or it in the instrument. | Section hy Duration and Amendment» All of the restrictions, conditions, easements, and i ‘jrestrictions set forth herein shall continue and ve binding for a period of twenty-five (25) ieee | b; from the date of this instrument and shall automatically be extended thereafter for successive ie periods of ten (10) years; provided, however, that the Owers of three-fourths (3/4) of the | a Tracts may, at the end of such twenty-five (25)-year term, or at the end of any successive ten (10) year period thereafter, by a written instrument signed by all of such Persons, vacate or modify. alll Ay or any part of this Declaration. During the initial twenty-five (25)eyear period, a vacation or | modification hereof shall be effective if a written instrument be signed by ninety percent (90%) of
Ay or any part of this Declaration. During the initial twenty-five (25)eyear period, a vacation or | modification hereof shall be effective if a written instrument be signed by ninety percent (90%) of the Owners of the Tracts. Any such vacation or modification: shall be filed os record in the. Bosan tedtati recat ‘ {County Deed Records promptly when executed. ee , Section 5. Notices. AL1 notices given or ‘required to be given by the Aasociation to ita Members shall: be deemed to have actually been given if actually received and, whether or not actually received, when deposited in the United States mail, postage prepaid, and addressed to} i the Member at his address as it appears on the books of the Association » and shall be deemed. fe when mailed, IN WITNESS WHEREOF, the undersigned,. being the President of Declarant herein, has hereunto eet | .
| | his hand and seal this (30th day of October, 197k» (Seal) FRATES COMMUNITIES, INC, siete nadie — _. By Bea Thomas ‘| THE STATE OF TEXAS § Before ms the undersigned authority, on this day. personally appeared COUNTY oF TRAVIS § Raymond Ee ‘Thomas, President of Frates Communities, Ince, a Texas corporation!
known to me to be the ‘person and officer whose name ia eubseribed. to the foregoing instrument, 1 ] j I q i | | and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and dead of said corporation, and in the capacity therein stated.
Given under my hand and seal of office, this 30th day of October, 1974.
(Seel) Barbara Wiethorn Notary Public, Travis County, Texas _ ae, Say % v3 + 2.
= eweterimem ta: +8, irene: eed Ps at,
y of October, 1974.
(Seel) Barbara Wiethorn Notary Public, Travis County, Texas _ ae, Say % v3 + 2.
= eweterimem ta: +8, irene: eed Ps at, ' lines; THENCE N 57 deg. 28° E with the said league line, 2956 feet to a point in the. center ‘E175 feet; N 31 deg. 18* E 50 feet toa point in the S.W. right of. way line of the M.K.T.. Rye - dntersected by the base line of the parcels of land heretofore conveyed by E.M. McKissick to TRACT 1 All that cartain 539.3 acres of land out of the Sarah Hensley Survey Abet. No. 5, situated in Bosque County, Texas, and deacribed by metes and bounds as follows: BEGINNING at the NeWeC. of the R. Lee Kempner property on the William and Sarah Hensley league of a county road for the N.E.Ce of this; THENCE along a tract of land deeded by Re Lee Kempner to Bosque County, for use as a County road as follows: N. 4 deg. 14° E 309 feet; 8 58 deg. 42° relocation for a NeEeCe of this; THENCE S 56 deg. 42° EB with said right of way, 900 feet to where Same crosses the R. Lee Kempner and Austin Pinnell property line fence for a N.E.C.. of this; THENCE with eaid property line fence 3 32 deg. 44" E1208 feet to Pinnell's 9.W.C. and an interto ell corner of this; -THENCE.N 57 deg. 28" E 510 feet to a point for Jessie Brown's N.W.C., and an outside ell corner of this} THENCE S 32 deg. 44" BE 2389 feet to a fence corner for the S.E.C.
of this; THENCE S 57 deg. 28 W 48h feet to a fence corner for the N.W.C. of a tract of land in.
the name of Harry Sims, and a S.E.C. of this, same being et a point on the U.S. Government property line for the Whitney Dam and Reservoir project; THENCE along said Government property —
f land in.
the name of Harry Sims, and a S.E.C. of this, same being et a point on the U.S. Government property line for the Whitney Dam and Reservoir project; THENCE along said Government property — line crossing the said Kempner property as follows: N 83 dog. 58° W 623.3 feat; S 66 deg. W 560.5 feet; S 6 dege 14" W 144.7 feat; 8 hh deg. 28'. ‘El 1.03.4 feet; § 33 deg. 2 26" E 1367 feet; S 42 dege 09° W-707.5 feet; N 30 deg. 16° W 593.2 feet; N 63 deg. 21° W 1251.9 feat; N 66 dep 35° W 1301.3 feet; N 76 deg. O5' W 77.8.7 feet; S 13 deg. 20¢ W 276.6 feet; 3S 26 dege 25% E 394.2 feet; S 48 deg. 30° BE 12h0.4 feet; S 33 deg. 53* W 395.5 feet; N73 deg. 39° W 830.1 feet S 39 de 55* W428 feets N 40 dege 24" W.1943.8 feet; 3 4k deg. 17° W 889.1 feet to a point in the Common line between W.C. Pallmeyer and R. Lee Kempner, for the S.W.C. of this; THENCE N 32 deg U,* W 981.5 feet to a fence corner for an outside ell corner of this; THENCE.N 57 deg. 28" & 2000.5 feet to @ fence corner for an inside ell corner of this; THENCE N 32 deg. 14? W 2383 feet along a fence line to the place of beginning. — The above tract of land being that tract conveyed by E.J- Wilaon to M.S. Wilkins be deed recorded in Volume 181 page 45 of the Deed Records of Bosque County, Texas.
TRACT 2 Tract of land out of the: WILLIAM FISHER LEAGUE SURVEY, Abst. No. hy situated about 2 miles South of the Town of Fowler and described as follows: BEGINNING at a point in the south boundary line of eaid William Fisher League where the same is Elizabeth Barry, S.A. Claybrook, Caroline Ogden and Ellen Jenkins, said point being the southea corner of the tract of land out of said Fisher League belonging to E.M. McKissick at the time
he same is Elizabeth Barry, S.A. Claybrook, Caroline Ogden and Ellen Jenkins, said point being the southea corner of the tract of land out of said Fisher League belonging to E.M. McKissick at the time of his death; THENCE North 30 deg. West 1900 varas to the partition line between the said E.M.
McKissick, Adam Powell and John Dyer tracts; THENCE SOUTH 60 deg. Wast with said partition line 597 varas to a corner; THENCE SOUTH 30 deg. East 1900 varas to the south line of said Fisher | League; THENCE NORTH 60 deg. East with said South line 597 varas to the place of beginning and being the same tract of land deeded to Mrs. Minnie Carson, a feme sole, by ¢.D. Martin.
et al by deed dated December 1, 1927, recorded in Vol. 111, pge 332, Deed Records, Bosque America as Tract WeF 506 in Civil Action 1019 in the District Court of the United States for the Western District. of Texas, Waco Division, by judgment dated December 5, 1949, a certified ‘OOPY of which Judgment is recorded. in Volume 16, page 621, Deed Records,, Bosque County, Texas,‘ and to which records reference is here made for a metes and bounds. cece pila: of heel trast of “land 80 excepted here froms The above tract of land being that tract conveyed by E.J. Wilson to M.S. Wilkins by deed | $ > ms 4 oe eR ee EG SE BS EEE RS ERT ae ES eS ee Ee Cae Re ge eR a ALLE ETE a mt er ert ey Pe pees SN Ia TN a PT YT PS PLE CI SEL EL TT EY ELE TET] A tract of lend situated in the Gounty of Bosque, State of Texas, being a part of the Sarah | Hensley Survey. (A=5), and being more particularly described as follows:.
Gel acres, being that portion of a tract of land in the name of H.A. Pinnell situated
te of Texas, being a part of the Sarah | Hensley Survey. (A=5), and being more particularly described as follows:.
Gel acres, being that portion of a tract of land in the name of H.A. Pinnell situated Weat of the newly constructed MK & T Ry. Co. all out of the Sara Hensley. original Survey, Abstradt No. 5, situated in Bosque County, Texas, and described as follows, to-wit!. BEGINNING at a point in the West right of way of the said MK &-T Ry. where said Right. of Way crosses Pinnells west property line and from which Plnnells N.W.0. in the Sera Hensley league line bears N32 dege 42" | W 1060 feet; THENCE S 58 deg. 42° E with said Railway Right of Way 1425.6 feet to where said Line | crosses Pinnelis South property line for the S.E.C. of this; THENCE 8 57 dege. 16° W 622.5 feet to| Pinnells S.W.C.. for the 5.W.0. of this$ THENCE N 32 deg. 42° W 1271.5 feet to the place of beginr ing .
te, The above tract of land being that tract conveyed by E.J. Wilson to M.S. Wilkins by deed | recorded in Volume 181 Page 45 of the Deed Records of Bosque County, Texas.
TRACT 4 fo i on #2 e Sey aaah ates ort en Pr opergeis ey c dowlem. Sra?
Be . A tract of land altuated in the County of Boaque, State of Texas, being a part of the Sarah | ie Hensley Survey (A-5), and being more particularly described aa follows: a 85 acres of land, more or less, out of the Sarah Hensley Survey in Bosque County, Texas, and sca| .
2 deed dated September 3, 1694, and recorded in Vol. 24, page 212 of the deed records of Bosque | i Ee County, Texas, EXCEPT 5.53 acres, more or less, taken by the Government Right-of-Way for the | “4
2 deed dated September 3, 1694, and recorded in Vol. 24, page 212 of the deed records of Bosque | i Ee County, Texas, EXCEPT 5.53 acres, more or less, taken by the Government Right-of-Way for the | “4 i, M.K. & T. Railroad Company, and 9.1 acrea, more or less, conveyed by H.A. Pinneli and wife, to : Bed» Wilson by deed dated December 14, 1951, recorded in Vol. 166, Page 373 being described by metes and bounds as follows: BEGINNING at the NE corner of WeAe Stacy's tract for the NW corner : of this tract; THENCE N 60 E 6774 vre; THENCE 3 30 E 833% vras; THENCE S 60 W 677% vre to Stacy's SE corner; THENCE with W.A. Stacy east line, 68334 vrs to the place of beginning.
The above tract of land being that tract conveyed by C.E. Holt to M.S. Wilkins by deed.
sates ORR RE Rd Siger, or recorded in Volume 200 Page 68 of the Deed Recorde of Bosque County, Texas.
TRACT 5. SY A tract of land situated in the County of Bosque, State of Texas, baing a part of the Sarah : , 58 acres of land, more or less,’ out of the Sarah Henaley Survey in Bosque County, texas, bein : | Beekae aad Rat ede eis EP Dar cere 1 a portion of a 114, acres tract which said ll, acre tract is described as follows: | Se 114 acres, @ part of League No. 6, granted to Sarsh Hensley by the government of Coahuila and/ Texas, on July 5th, 1835, and being Block No. 14, B.C. Barry's subdivision of said League describhd ’ by metes and bounds as follows: BEGINNING at the NW corner of said Block Noe 14, and the SW ' ‘eorner of W.W. Vinson's tract; THENCE S 30 — with marked line 9514 varas to corner; THENCE N 60 E with the south line of said Block No. 14, 6774 varas to its SE corner; THENCE N 30 W with the
he SW ' ‘eorner of W.W. Vinson's tract; THENCE S 30 — with marked line 9514 varas to corner; THENCE N 60 E with the south line of said Block No. 14, 6774 varas to its SE corner; THENCE N 30 W with the east, line of said Block No. 14, 951 varas to its‘NE corner, and the SE corner of W.W. Vinson's : tracts THENCE 8 60 W with Vinson'’s south line 677% varas to the place of beginning and being the | same land described in deed from Haynie E. Edwards et ux to Harry Sims, dated June 16th, 1943, | recorded in Vol. 139, page 342 of the Deed Records of Bosque County, Texas. | The 58 acre tract, wore or less, being all of said 114 acre tract now omed by grantors after the Judgment of Declaration of Taking was entered in Civil Action No. 1019 in the District Court | ; America, Petitioner Vs. 2144.59 Acres of land, More or Leas in Hill and Bosque Counties, and E being described as Tract No. F=504-A for Whitney Reservoir, Texas. : : | ASO ARRAS ET le - described as follows: BEGINNING at the intersection of the common line between said Sareh ‘800 feet, more or less, to a point} Thence north 11 deg. 35° east, 595 facet, more or less, to a.
Atal Atel aD yoann MEL EGA YRS TERS oe “prac 6° A tract of land situated in the County of Bosque, State of Texas, being a part of the’ Ennis Hardin Survey (4-6), and part of Tract F-50h—Ay & 307 acre tract of land acquired by the United States of America from Harry Sims and wife Iva Lee Sims, and Haynie Edwards, by Declaration of -
’ Ennis Hardin Survey (4-6), and part of Tract F-50h—Ay & 307 acre tract of land acquired by the United States of America from Harry Sims and wife Iva Lee Sims, and Haynie Edwards, by Declaration of Taking filed 2 December 1949 in condemnation proceedings (Civil No. 1019), in the. ‘District Court of the United States for the Western District of Texas, Waco Division, and being deaignated as Tract Noe F=50h—A for Whitney Reservoir, Texas, being more particularly described as follows: FROM the intersection of the common line betwaen the Sarah Hansley Survey (A-5) and said Ennis. Hardin Survey with the westerly right-of-way line of the Missouri—Kansaa—Texas Railroad, south 57 deg. 29° west 2350 feet, more or less to the point of beginning; Thence Bavering, the -lands to said Tract Fe504A= as follows: south 35 deg. 15? east, 2060.15 feet to a point; Thence north 67 deg. 45" west, 1233.10 feet to a point: Thenes north 13 deg. 36" enat, 400.19 feet to a point; Thence north 59 deg. 45° west, 879.20 feet to a potnt in the common line of Tract F=50h and a tract of land acquired by the United States of America from R. Lee Kempner and designated a Tract F-501 for Whitney Reservoir, Texas; Thence north 57 dege 29¢ east, 727.5 faet along the or less.
The above tract of, land being that tract conveyed by the United States of America.to Harry Sims as parcel No.) by deed recorded in Volume 187 Page 573 of the Deed Records of Bosque County, Texas, and also being that tract of land conveyed by E.J. Wilson to M.S. Wilkins by deed recorded in Volume 181 Page 45 of the Deed Records of Bosque County, Texas. , : ; -TRACT 7 Z
of Bosque County, Texas, and also being that tract of land conveyed by E.J. Wilson to M.S. Wilkins by deed recorded in Volume 181 Page 45 of the Deed Records of Bosque County, Texas. , : ; -TRACT 7 Z A tract of land situated in the County of Bosque, State of Texas, being part of the Sarah Hensley Survey (5) and part of the Ennis Hardin Survey (A*6), and being part of Tract No, Fe50h—A, Whitney Reservoir, Texas, a 307 acre tract of land acquired by the United States of America from Harry Sims and wife, Iva Lee Sims, and Haynie Edwards, by Declaration of Taking filed 2 December 1949 in condemnation proceedings (Civil No. 1019}, in the District Court of the United States for the Western District of Texas, Waco Division, and being more particularly Hensley and Ennis Hardin Surveys with the westerly right-of-way of the Missouri-Kansas-Texas Raiiroad; Thence severing the land of said Tract F~50, as followst south 57 deg. 29" west, 390.6 feat to a point; Thence north 49 deg. 46° west, 612.84 feet to & point; Thence north 75 deg. 26° west, 199.38 feet toa point; Thence south 33 deg. 19" 20" east, 779.2) feet to a point; Thence feet to a point; Thence south 19 deg. 31' 50" west, 397.77 feet to a point in the common line between said Tract F504 end a tract of lend acquired by the United States of America from R. Lee Kempner and designated as Tract F501; Thence along said common line between Tracts Fe50) and Fe501, north 32 deg. 23" west, 1922.31 feet to a common corner of said Tracts F504 and F501; Thence south 64 deg. 33° east. 1210 feet, more or less, to a point; Thence north 25 dege 27° ea
s Fe50) and Fe501, north 32 deg. 23" west, 1922.31 feet to a common corner of said Tracts F504 and F501; Thence south 64 deg. 33° east. 1210 feet, more or less, to a point; Thence north 25 dege 27° ea point in the common line of Tract Fe504 and a tract of land acquired by the United States of | America from HeE. and W.C. Pallmeyer and designated as Tract P=507; Thence along mace common line between Tract FeSO) and Tract F=507, south 32 deg. 22° east, 1830 feet more or less, to the point of beginning, containing 62.4 acres, more or. less.
The above tract of land being that tract. conveyed by the United States of America to ; Harry Sims as parcel No.’ 2 by deed recorded in Volume 187 Page 573 of the Deed . Records of Bosque .
County, Texas, and also being that tract of land conveyed by Eede Wilson to M.S. Wilking Lt deed recorded in Volune 181 Page 45 of the Deed Records of Bosque aia ae ‘Texas. —_ PARE SEE ree meter ar attvanie ee ane, ‘ pera ara) LAr ae AP ae he Sry Orh OE ae: Cay open a eee a at ae Sere eee a are eet TS Peo TRACT 8 : .
A tract of land aituated in the County of. Bosque, State of Texas, being apart of the Ennis ‘Hardin Survey (4-6) and Sarah Hensley Survey (4-5) Containing approximately 26.25 Acres, and being more particularly described as follows: a All that certain lot, tract and parcel of land conveyed by R.V. Ferguson to 8.D. Scott by deed recorded in Volume 118, Page 519 of the Deed Records of Bosque County, Texas; EXCEPTING therefrom all that certain tract of land conveyed by 5.D. Scott to the United States of America -- |
ott by deed recorded in Volume 118, Page 519 of the Deed Records of Bosque County, Texas; EXCEPTING therefrom all that certain tract of land conveyed by 5.D. Scott to the United States of America -- | by deed recorded in Volume 164, Page 29 of the Dead Records of Bosque County, Texas.
The above tract of land being part of that tract conveyed by 5.D. Scott to M.S. Wilicins deed recorded in Volume 190 Page 183 of the Deed Records of Bosque County, Texas, .
TRACT 9 A tract of land situated in the County of Bosque, State of Texas, being part of the Ennis States of America from 8.D, Scott by deed dated 1 December 1950, and recorded in Volume 164 at Page 29 of the Deed Records of Bosque County, Texas, and being more particularly described as follpwss From the northwest corner of the Ennis Hardin Survey south 76 deg. 15° east, 5200 feet to the point of beginning, said point being the southwest corner of said 190 acre tract of land -designat Tract No. Fe528 for Whitney Reservoir; Thence along a common line between said Tract No. F=528 and tract of land acquired by the United States of America from J.W. Jackson, et ux, and designated Tract No. Fe§33 for Whitney Reservoir, Texas, north 32 deg. 51,9 west, 803 feet to a point: Thence severing the lands of said Tract No. ¥-528 north 31 deg. 45° east, 923 feet to a point; Thence nerth 83 deg. 45° east, 327.27 feet Thence south 62 deg. 16* east, 803.65 feet; Thence south H ee rere ryey serra = gp recs . ee 3 ; by 76 deg. 34" east, 510.06 feet to a point in the common line of said Tract No. F528 and a tract of land acquired by the United States of America from R. Lee Kempner designated as Tract No. F501)
; by 76 deg. 34" east, 510.06 feet to a point in the common line of said Tract No. F528 and a tract of land acquired by the United States of America from R. Lee Kempner designated as Tract No. F501) Thence south 57 deg. 40° west, 1873.82 feet along the common line of said Tracts P-526 and F501 to the point of beginning, containing 34.8 acres, more or less, 7 | The above tract of land being that tract described as Parcel 1 in deed from the United States| of America to 32D. Scott by deed recorded in Volume 186, Page 388 of the Deed Records of Bosque = deed recorded in Volume 190, Page 183 of the Deed Records of Bosque County, Texas.
TRACT 10 , .
A tract of land situated in the County of Bosque, State of Texas, being a part of the Ennis | United States of America from $.D, Scott by deed dated. 1, December 1950 and recorded in Yolume 164} at Page 29 of the Deed Records of Bosque County, Texas, and being more particularly described as : follows: From the northwest corner of said Ennis Hardin Survey, south 79 deg. 28" east, 3930 feet!
north 57 deg. 40° east, 725 feet to a point; Thence continuing along said common line, south 32 | deg. 20° east, 300 fast to a point; Thence severing said Tract F=528, south 28 deg. 43" weet, iat States of America from J.W. Jackson, et ux, and designated as Tract F-535, for Whitney Reservoir, | Texas, Thence along the common line between said Tracts Fe528 and F533, north 33 deg. 21° wast,
ed | States of America from J.W. Jackson, et ux, and designated as Tract F-535, for Whitney Reservoir, | Texas, Thence along the common line between said Tracts Fe528 and F533, north 33 deg. 21° wast, 690.70 feet to the point of beginning, containing 7.7 acres, more or less,.
The above tract of land being that tract described as Parcel 2 in deed from the United States of America to $.D. Scott by deed recorded in Volume 186, Page 388 of the Deed Records of Bosque County, Texas and also being part of that tract of land conveyed by 9<D. Scott to M-8, Wilkins by deed recorded in ‘Volume 190 Page 183 of. the Deed Records of Bosque County, Texas.
co . i qi rr -Wilkins by deed recorded in Volume 190 Page 183 of the Deed Records of Bosque County, Texas.
THENCE with north MK&? Railway right-of-way line N 29 deg. 09° W 55.9 feet, and N 55 deg. 45° _and 3 61 deg. 08° E 275.6 feet to point of beginning.
wate . . : y Se fs ps ese Dee iste A tract of land situated in the- County of Bosque, State of Texas, being a pert of the Ennis Hardin Survey (A-6), and being part of Tract No. Fu528, & 190 acre tract of land acquired by the United States of America from S.D. Scott by deed dated Uy, December 1950, and recorded in Volume 16h at Page 29 of the Deed Records of Bosque County, Texas, and being more particularly described as follows: BEGINNING at a point in the common line of said Ennis Hardin Survey and the Sarah Hensley Survey (4-5), whence the northwest corner of said Ennis Hardin Survey bears south 60 deg.. oot west, 6450 feet; Thence slong the common line of said Tract F-526 and the 8.D. Scott property, north 82 deg. 29° east, 1788.5 feet to a point in the westerly line of a tract of sand acquired by the. United States of America from R. ‘Lee Kempner and designated as
526 and the 8.D. Scott property, north 82 deg. 29° east, 1788.5 feet to a point in the westerly line of a tract of sand acquired by the. United States of America from R. ‘Lee Kempner and designated as Tract F-501-B for Whitney Reservoir, Texas} Thence along said common line between seid Tracta: F-§28 as follows: ‘South 62 deg. 41' west, 985 feet to a 2 inch iron Pipe; south 44 deg. Ol*.
east, 282 feet to a 2 inch iron pipe; Thence along the common line of said Tracts F-528 and F-S501-B, south 35 deg. 58° east, 1347.6 feet to a point; Thence severing. said Tract B-128, north 59 deg. aut weat, 1047.6 feet to a point in the common line of said Tract B<l28 and a tract of land acquired by the United States of America from JeWe Jackson, et ux; Thence along said common line north 32 deg. 20° west, 900 feet to a point in the common line of said Tract F-528 and a tract of land acquired by the United States of America from J.0. Steen and designated F=528 and F-529, north 06 deg. 30° west, 338.8 feet to the point of beginning, containing 42.7 acres, more or leas, The above tract of land being that tract described as Parcel 3 in deed from the United States of America to $.D. Scott by deed recorded: 4n Volume 186, Page 388 of the Deed Records | of Bosque County, Texas, and also being part of that tract of land conveyed by 8D. Scott to MeS.
TRACT 12 All that certain tract or parcel of land lying in the County of Bosque, State of Texas, described as follows, to-wit: Being part of the abandoned MK&T Railway right-of-way out of the Sarah Hensley Survey,
that certain tract or parcel of land lying in the County of Bosque, State of Texas, described as follows, to-wit: Being part of the abandoned MK&T Railway right-of-way out of the Sarah Hensley Survey, (Abst. No. 5) in Bosque County which right-of-way was conveyed to Bosque County by MK&? Railway by Quit Claim Deed dated November 22, 1968, and recorded in Vol. 208, page 216, of the Deed Records of Bosque County, Texas. The part herein conveyed being more particularly described by metes and bounds as follows: : , TRACT. (A)s BEGINNING at a point for a corner of this in the’north right-of=way line of abandoned MK&? Railway; .eaid point being N30 deg. W 172.8 feet from MKAT centerline chaining ~ W 399.7 feet to a corner in the east line of county road; THENCE W 14 deg. 04" W 100.6 feet to a point 100 feet distant from centerline station 134 + 40 of FM. Hwy 1713; THENCE S 65 deg .
O9* B 426.4 feet. to point of beginning.
TRACT (B)s BEGINNING at a point for a corner of this in the south line of abandoned MK&T also being 75 feet right of centerline ‘station 1,2 + 69 of F.M. Hwy. 1713; THENCE with uke Railway right-of-way line § 30 deg. E Shel feet, and S 58 dege 42° W Shih 5 feet to south rightof-way line of P.M. Hwy. 1713; THENCE with south line of F.M. Hwy. 1713 8.61 deg. LO" E 321.0 fee eee SSS a eee ” 450 “THE STATE OF _ “QOUNTY OF BOSQUE § 1, Jimmie B, G111, County clerk, in and for Bosque County, do certify-that| the foregoing instrument with its certificate of authentication was filed in my office the 31 day]
OF _ “QOUNTY OF BOSQUE § 1, Jimmie B, G111, County clerk, in and for Bosque County, do certify-that| the foregoing instrument with its certificate of authentication was filed in my office the 31 day] of January, 1973, at 8330 o'clock AcMe, and duly recorded the 31 day of Jenvery,. 1973, at 3135.
o*clock PoMe, in the records of said County, Volume 221 Page 523.
Z JSinmie B. 0112 ‘mY Patay Owen Deputy. ' County Clerk, Bosque County, Texas 7 use resrazorrons tw le | Section Number Permited Uses by Tracts . te 7 BS Gabon | co oT | | i; se (ee is a void nomber) R | Five . ‘99 through 102 — z ; a 7. he 103 through 104 = c ate : «105 through 112 - R 15 through u7= R i Six rs 120 through 131 = MP : 134 and 135 = : 143 and 142 = c Baht BETA Sey? | LEGEND: °C = Retail Business LC = Stable Operation - : MF -Multi-Family Dwelling - a . | " FILED FOR RECORD October 31, 197% at 12300 A.M, and recorded sree 1, 197% at hs30 Poe | : DEPUTY. (yuan Bch cour cree | te ne . viv I, Ron Greenland, as a representative of J & L G-II, Inc., 02156 in accordance with and to the extent permitted by law amend Article VII of the Declaration of Covenants, Conditions, Easements, and Restrictions as recorded in Volume 219 Page 434, Deed Records, Bosque County, Texas, in order to include the recording information of the Plats of each section: Section 1 shall be amended as follows: "Single Family Dwelling" shall mean a building containing
ords, Bosque County, Texas, in order to include the recording information of the Plats of each section: Section 1 shall be amended as follows: "Single Family Dwelling" shall mean a building containing a minimum of 1200 square feet (not including a mobile home as defined below having accommodations for and occupied exclusively by one (1) family.
Section 2 shall be amended as follows: Single-Family Dwelling. No tract, within any Section, shall be used or occupied for any purpose other than Single-Family Dwellings; provided, however, that Declarant may maintain a sales office on any of the unsold Tracts; and Provided, further, that one (1) mobile home may be used and occupied on each Tract designated on Exhibit "B" and the Plats ag "M". When division of Tracts is permitted, pursuant to Section 8 below, no division of Tracts designated on Exhibit "B" and the Plats as "O" shall result in more than one (1) Single Family Dwelling for each full acre within the Tract, is permitted. Single-Family Tracts are designated on Exhibit "BR" attached hereto and made part hereof for al] purposes, and on the Plats, as "R", Section 3 shall be amended as follows: No tracts designated on Exhibit "B" shall be used and occupied as Multi~Family Dwellings.
Section 6 shall be amended as follows: Tracts designated on Exhibit "p" and the Plats as "Lc" may be used for Single-Family Dwellings, or may be used for Retail Business purposes as defined herein. Tracts designated on Exhibit "B" and the Plats as "RO" may be used for residential use only.
Section 8 shall be amended as follows: Tracts designated on Exhibit '"B" and the Plats as "NS" shall not be subdivided or re-subdivided in any manne AE Ror Greenlard, Representative ri on behalf 9f J & LG II, Inc., a Texas corporation el a State of Texas
ed on Exhibit '"B" and the Plats as "NS" shall not be subdivided or re-subdivided in any manne AE Ror Greenlard, Representative ri on behalf 9f J & LG II, Inc., a Texas corporation el a State of Texas County of Bosque ty instrument was acknowledged before me on this 2/ day of 21995 by Ro eenland, “ a, A, os he Vyas iA ey Zo 320 / EXHIBIT B USE RESTRICTIONS Section Number Tracts Permitted Uses One 1, 6 through 9, 15 through 23- M and 0 (2 through 5 are void numbers) 10 through 14~ C and O rt Two 24 through 26- C and NS 27 through 29- R and NS gem 30 and 31- LC and NS 32 through 36~ R and NS eee Three 37 through 43- R and NS 44 through 48- R and NS 49 through 58- R and NS 97- R and NS rr a Four 78 through 96— —~ R and 0 (66 is a void number) rt Five 99 through 102- R and 0 103 through 104- C and O 105 through 112- R and 0 113 and 114- C and O 115 through 117- R and 0 i Six 120 through 131- R and NS 132 and 133~- C and NS 134 and 135-— R and NS a Seven 136- C and 0 , 137 through 140- M and 0 141 and 142- C and 0 143 through 147- M and 0 ene Eight 59 through 77~ R, Q, and RO a Nine 98- R and NS 148- C and NS 149 through 158 R and NS 159- C and NS 160 through 165~ R and NS 166- . C and NS R, 0, and RO - pe eee 3° through 77~ 148= G and NS 149 through 158 R and NS 160 through 165~ R and NS 166- : C and NS Ten 2 through 5. M and 0 LEGEND: C-~Retati Business LC--Stable Operation ‘FowMulti-~Faniis Dwellin R~-Single Family Dwelling RO-~Residential Use Only 0--One family Per one acre NS-~No subdividing or re-subdividing permitted M--Mobile Home ae | D on the 24th dae on APRIL ap. 1995 at 10:40 AM FILLED FOR RECORD On the ; ky A.D. 1995 au 10:48 AM DULY RECORDED this 3rd day of 01156 DENELL O'DONALD ,c Y CLERK INSTRUMENT # ay & ’ P deputy