VOL. 2 3 4 9 PAGE 12 3 STONElillDGE SECTIONS I & II STATE OF TEXAS COUNTY OF WILLIAMSON REVISED DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS FOR STONEIIEDGE/CIIURCIIILL FARMS STONEHEDGE PARTNERS, a 'l'exas General Partnership, ("Declarant"} is the sole owner of all lots in STONEJ/EDGE SECTION ONE AND STONEHEDGE SECTION '!WO, the plat of Section One of the ·subdivision being filed in Cabinet G, Slides 280-282, and Section Two being filed in Cabinet G, Slides 283-285, of the Plat Records of Williamson County Texas. The lots and the subdivision are referred to herein as the "Property ". currently, the Property is encumbered by certain restrictions and covenants of record in Vol.
1419, Page 593, and Vol. lt\33, Page 757, Official Records of Williamson county, Texas, (the "Prior Restrictions"}. Declarant intends to revoke the Prior Restrictions and to convey, and will convey , the Property subject to these protective covenants, conditions, restrictions, easements, and charges. Future buyers and owners of lots in the subdivision are referred to below collectively as "Owners" and singularly as "Owner", and include their legal representatives, heirs, successors, and assigns.
THEREFORE, it is declared that (i} all of the Prior Restrictions recorded in Vol. 1419, Page 593 and in Vol. 1433, Page 757, Official Records of Williamson, Texas are hereby revoked and shall be of no force or effect, and that (ii} all of the Property shall be held, sold, and conveyed subject to the following easements, covenants, conditions, charges, and restrictions, which are for the purpose of protecting the value and desirabili ty of the Property, and which shall run with the land and be binding upon any and all persons having any right, title, or interest in or to the
e for the purpose of protecting the value and desirabili ty of the Property, and which shall run with the land and be binding upon any and all persons having any right, title, or interest in or to the Property or any part thereof.
I. NAME AND PURPOSE The Property shall hereafter be known as "Churchill Farms", but its legal description for the purposes of conveyances and other recorded documents shall remain as it on the current plats. The Property is hereby encumbered by the covenants, conditions, restrictions, easements, and charges set forth below, in order to: nrseLARATI ON, IU",.STlllC110NS • 11 I & II Rev. 07.16.9) I OFFICIAL RECOIWS ... , .. ·---.I.
ST'OHEJ/EDCB S«dc,, Id II VOL. 2 3 4 9 PAGE 121 (a) Insure the best and highest use and the most appropriate development and improvement of each lot within the Property for residential purposes; (b) Protect the Owners of lots against the improper use of surrounding lots; (c) Preserve, so far as practicable, the natural beauty of the Property; (d) Guard against the erection of unsightly structures of improper or unsuitable materials; (e) Encourage and secure the proper continued maintenance of the land and improvements on each lot; (!) Secure and maintain the proper use of easements within the Property; (g) Preserve, as far as practicable, lines of sight from the lots; and (h) In general, provide for a residential subdivision of the highest quality to enhance the value of the investment made by Owners in purchasing lots and constructing homes.
II. ARCHITECTURAL CONTROL A. ARCHITECTURAL CONTROL COMMITTEE. An Architectural Control Committee (the "Committee ") shall be designated and composed of three (3) members, chosen by Declarant. The following persons are hereby designated as the initial members of the Committee :
l Control Committee (the "Committee ") shall be designated and composed of three (3) members, chosen by Declarant. The following persons are hereby designated as the initial members of the Committee : Bob Wunsch, Gary Nelon, and Bill Formby. The Committee shall serve at the pleasure of the Declarant, its successors and assigns, and a member of the Committee may resign or be removed for any reason or for no reason at all.
At any time, without regard to whether Declaran~ owns any lots in Stonehedge Sections One or Two, Declarant may transfer to the owners, or to the STONEHEDGE !WMEOWNERS ASSOCIATION (the "Association"), at its discretion, the authority and responsibility for designation and removal of members of the Committee. Declarant shall give notice of such election to transfer by filing a Notice of Transfer in the office of the County Clerk of Williamson county, Texas, copies of which shall be forwarded to the owners. Following that election, members of the Committee may be removed, and substitute or successor members shall be designated by the Owners of a majority of the lots comprising the Property (each lot shall have one vote).
·B. StraHISSION & APPROVAL 01" PLANS. Every Owner of a lot who intends to build improvements on it shall deliver a complete set of construction plans and specifications (the "Plans'') to the Committee at 30500 Berry Creek Drive, Georgetown , Texas 78620 or such other address as may be designated by the Committee, not less than fourteen (14) days prior to the date construction on a lot is to be commenced. No structure or improvement (including , but not limited to, buildings , fences . walls, landscaping , pools, driveways . or site clearing) shall commence or be placed or altered
t is to be commenced. No structure or improvement (including , but not limited to, buildings , fences . walls, landscaping , pools, driveways . or site clearing) shall commence or be placed or altered on any lot until the Plans have been approved in writing by a majority of the members of the Committee . The Plans shall include all architectural and engineering plans, plus: information on exterior materiais, colors , and elevation (including roof type and color); a drainage plan; a site plan showing the location of every proposed structure or improvement; a landscaping plan; a driveway construction plan; and any other information or documents which may be required by the Committee. Each site plan shall be accompa nied by a written certification by a register ed professional engineer to the effect that the site plan conforms to requirem ents of this Declaration and of the recorded subdivision plat. In regard to ll llT'JIUlJCTI ID,'IS Rev. 07.26.91 .2.
' STONEIIED GE S<.c,i,., I & U VOL. 2 J 4 9 PIM 12 ~i construction which does not involve the construction or substantial remodeling or rebuilding of a residence, the Committee may, in its sole discretion, accept submission of fewer than all of the foregoing materials. The Committee may postpone its review of the Plans pending receipt of any informati on or materials which the Committee, in its sole discretion, may require. Copies of the Plans may be retained by the Committee until the subdivision is built out in its entirety. The Committee may refuse to approve the Plans on any grounds which, in the sole and absolute discretion of the Committee, are deemed sufficient, including, but not limited to, purely aesthetic grounds. In reviewing the Plans, the Committee shall be guided by, but not be limited by, the purpose s
cretion of the Committee, are deemed sufficient, including, but not limited to, purely aesthetic grounds. In reviewing the Plans, the Committee shall be guided by, but not be limited by, the purpose s set forth in Article I of this Declaration.
It is specifically understood and provided that approval by the Committee of any Plans, or components thereof, shall not constitute a certification or assurance of compliance with this Declaration, the subdivision plat, or applicable law. The full burden of responsibility for compliance with all such requirements shall at all times be an~ remain upon the Owner.
c. ADoPTION OF' RULES ' REGULATIONS. The Committee shall have the authority to adopt, and to amend from time to time, such procedural and substantive rules, not in conf+ict with this Declaration, as it may deem necessary or appropriate for the performance of its duties hereunder.
D. ACTIONS OF' THE COMMITTEE. The vote of a majority of all of the members of the Committee shall constitute an act of the Committee .
The Committee may, by resolution, unanimously adopted in writing, designate one or two of its members , or an agent acting on its behalf, to take any action or perform any duties for and on behalf of the Committee, except the granting of variances.
E. FAILURE TO AcT. In the event that Plans are submitted to the Committee as provided above, and the Committee shall fail either to approve or reject the Plans within fourteen (14) days following the submission of all Plans required by the Committee, no approval by the Committee shall be required, and approval of the Plans shall be presumed; provided, however, that such 14 -day period sha 11 not begin to run until all information required by the Committee to
by the Committee shall be required, and approval of the Plans shall be presumed; provided, however, that such 14 -day period sha 11 not begin to run until all information required by the Committee to assist the Committee in its review has been received. Any failure of the Committee to act upon a request for a variance, however, shall not be deemed a consent to the variance, and the Committee's written approval of all requests for variances shall be expressly required.
F. VARIANCES. The Committee may grant a variance from compliance with any of the provisions of this Declaration or any supplem ental declaration, when, in the opinion of the Committee, in its sole and absolute discretion, the variance will not be adverse to the overall development plan for the Property, and the variance is justified due to visual or aesthetic considerations or unusual circumstances. All variances must be evidenced in writing and must be signed by at least a majority of the members of the Committee.
The granting of a variance shall not operate to waive or amend any of the terms and provisions of this Declaration or any supplemental declaration for any purpose except as to the particular property and in the particular instance covered by the variance. A variance shall not be considered to establish a precedent for any future waiver, modification, or amendment of the terms and provisions of this Declaration.
a. DURATION or APPROVAL . The approval or consent of the Committee of any Plans, whether by action or inaction, and any variances granted by the Committee, shall be valid for a period of three (3) months only, unless construction is begun within that time period .
In the event construction in accordance with the Plans or variance
ranted by the Committee, shall be valid for a period of three (3) months only, unless construction is begun within that time period .
In the event construction in accordance with the Plans or variance is not commenced on a lot within that 3-month period , the Owner shall be required to resubmit the Plans or the request for a variance to the Committee. 'l'he Committee shall then have the Dill'JUlllQltOOS Rev, 07.16.93 .J.
VOL. 2 3 4 9 PAGE 12 G authority to reevaluate the Plans or request in accordance with this irticle and may, in addition, consider any changes in circumstances which may have occurred since the time of the original approval .
H. No WAIVER 01" FUTURE APPROVALS. The approval of the Committee to any Plans or variance request shall not be deemed a waiver of any right to withhold approval or consent as to any other Plans or variance request, or other matter whatever, nor shall the approval or consent be deemed a precedent for future approvals by the Committee.
I. NON-LIPJHLITY 01" COMMITTEE MEMBERS. Neither the Committee nor any member thereof, shall be liable to any owner or to any other person for any loss, damage, or injury arising out of the performance or non-performance of the Committee's rights and duties under this Declaration.
III, USE RESTRICTIONS A. LAND USE & CLEARING. All lots shall be used for single family residential purposes only, and no building or improvem ent shall be erected, altered, placed, used, or permitted to remain on any lot except as authorized under this Declaration. Any removal of trees or shrubbery, or other natural plants, must be approved by the Committee prior to any such action. Only one (1) residence shall be erected on a lot.
B, MINIMUM FLOOR AREl\ 1 AND EXTERIOR MATTERS ,
ees or shrubbery, or other natural plants, must be approved by the Committee prior to any such action. Only one (1) residence shall be erected on a lot.
B, MINIMUM FLOOR AREl\ 1 AND EXTERIOR MATTERS , l, square Footage, Any dwelling of a single-story design shall contain a minimum of 1,400 square feet of air conditioned floor area, exclusive of all porches, garages, decks, patios, breezeways, terraces, and balconies. Any dwelling of a two-story design constructed on any lot shall contain a minimum of 2,000 square feet of air-conditioned floor area, exclusive of all porches, garages, decks, patios, breezeways, terraces, and balconies. · 2, stories.
height. No dwelling shall exceed two. (2) stories in 3, Exterior Materials. Seventy-five percent (75%) of the exterior of each dwelling shall be of masonry construction.
(In computing this percentage, all gables and window and door openings shall be excluded from the total area of exterior walls.) Stucco is masonry constructi on.
(a) composition shingles with a weight of 240 pounds (or greater) per 100 square feet (100 sq.ft.); or (b) concrete or clay tile; or (c) wood shake or shingle. If wood shingle is used, only "Ni 1 Perfection" wood shingle shall be used, unless otherwise approved in writing by the Committee .
c. FoUNDATIONB. Not more than three feet (3 ft.) of vertical surface of concrete slab of any dwelling shall be exposed to view from any public street or adjacent lot.
o. BUILDING BETB11cics. No building or other structure or improvement ( excluding fences, which are discussed below, and landscaping) shall be located on any lot nearer to the property lines than is set forth on the Plats of the Property---Section One: Cabinet G,
vement ( excluding fences, which are discussed below, and landscaping) shall be located on any lot nearer to the property lines than is set forth on the Plats of the Property---Section One: Cabinet G, Slides 280-282; Section Two: Cabinet G, Slides 283-285, Plat Records of Williams on County, Texas. Variations from these requirements may be granted by the Committee on a case-by-case basis. In reviewing a requested variance, the Committee shall consider such factors as the location of buildings on adjoining lots, lot size and shape, drainage, topography, and any other factors which the Committee deems relevant . All building slab DECLARATION, RF.sTIUCTIONS • II I & II Rev. (77.16.93 .4.
STONEIIEDGB S«d"" I .Ii U VOL. 2 3 4 9 PhGE 12 7 locations will have a six inch (6") margin of error in relation to building lines and lot lines without requiring a variance from the Committee.
E. GARAOES & DRIVEWAYS.
l. Garages. All garages shall comply with all restrictions , covenants, conditions, and limitations on use provided for other improvements in the subdivision. All garages shall be suitable for not less than two (2) automobiles, nor more than three (J) automobiles. All garages shall consist of enclosed structures and no carports shall be permitted on any lot. No garage may be enclosed as living area without first obtaining written approval from the Committee.
2. Driveways. All driveways shall be constructed of concrete, washed pebble, or paving stones; no asphalt driveways are allowed. The location of the driveway must be approved by the Committee.
F. MAILBOXES. If postal delivery to each residence is ever approved by the U.S. Postal Service, all mailboxes and their stands must be of a design and construction that is approved by the Committee .
F. MAILBOXES. If postal delivery to each residence is ever approved by the U.S. Postal Service, all mailboxes and their stands must be of a design and construction that is approved by the Committee .
G. UN!"INISBED STRUCTURES. No house or other structure shall remain unfinished for more than 180 days after the foundation has been commenced. No building materials of any kind shall be placed or stored on a lot until the Owner is ready to commence construction .
H. PROHIBITED STRUCTURES . No tent, shack, shed, carport, barn, or other outbuilding, or structure of a temporary character, shall be erected or used on any lot at any time, either temporarily or permanently. No structure erected elsewhere (including, but not limited to, existing houses and prefabricated structures) shall be moved onto any lot. No house trailer or mobile home shall be placed on any lot.
I. VEHICLES, TRAILERS, ' BO/\TS. No bus, semi-trailer, tractor, machinery, equipment, truck larger than 3/4-ton pickup, boat, trailer, or recreational vehicle of any type shall be kept, parked, placed, maintained, constructed, or repaired on or in the street, or in the driveway in front of the house on any lot, except for construction and repair vehicles during the period of construction on a lot. No motor vehicle of any type shall be constructed or repaired on the street or on any lot in a location that is visible from any street or neighboring property.
Motor homes, recreational house trailers, horse trailers, campers, boats, boat trailers, trailers of any type, and recreational vehicles of all types which are kept on a lot, shall be kept within a garage and not be visible from neighboring property or from streets or access roads, and shall never be used as a temporary or
nal vehicles of all types which are kept on a lot, shall be kept within a garage and not be visible from neighboring property or from streets or access roads, and shall never be used as a temporary or permanent dwelling. Such vehicles may not be kept, placed, or maintained on any undeveloped lot at any time. No motorized vehicles of any kind shall be operated in any manner which is dangerous, noisy, or creates a nuisance.
shall be equipped with approved sanitary plumbing fixtures.
Plumbing installation shall meet the requirements of the National Plumbing Code, the City of Georgetown Building Code (if any}.
Plumbing shall b~ connected to the central sewage and water supply systems. No septic tanks are allowed. No butane or fuel tank or other structure or facility for the storage of combustible fuels shall be placed or maintained on any lot unless it is underground (except for small tanks used as part of backyard grills). All water purifiers and softeners must be located within the garage or the dwelling, and must not be visible from neighboring lots.
l)ECLJJlATION, RES1ll1CTI01'1S. 111 & 11 Rev. C17.26.9J .5.
. SI'ON'EJIEDCH s«d"" I 4 1/ VOL 2349PAGE 128 K. DUMPING, RUBBISH, GARBAGE, ' STORAGE. No rubbish, trash, junk, ashes, scrap, building materials, inoperative vehicles, or other unsightly storage of personal property is allowed on any portion of any lot. Trash, garbage, and other waste shall be stored in "animal-proof" sanitary containers . All trash cans and other equipment for storage of trash materials shall be kept clean and shall not be visible from the street or golf course except on appropriate trash pickup days. Small (less than 10' x 10') compost
other equipment for storage of trash materials shall be kept clean and shall not be visible from the street or golf course except on appropriate trash pickup days. Small (less than 10' x 10') compost heaps for personal gardening are allowed so long as they are not visible from the street or neighboring lot and there is no odor.
L. ANTENNAE, SATELLITE DISHES. No external antennae, satellite receiving dishes, or other structures designed or used for receiving any type of radio, television, or other communications signal shall be located on any lots or houses.
H. CLOTHESLINES. No clotheslines shall be constructed, placed, erected, or used on any lot in such a way as to be visible from outside that lot.
N. POLES, LIGHTS, FLAGPOLES. No poles, exterior overhead 1 ights, flagpoles, or other similar structures, shall be constructed or maintained upon any lot without prior consent of the Committee.
This shall not be construed to prohibit attractive landscaping lighting , or security lighting that does not intrude on neighboring lots.
o. WINDOW AIR-CONDIT IONERS . No window, roof, or wall-type air conditioner that is visible from any public street shall be used, placed, or maintained on or in any dwelling.
P. SOLAR. All solar panels or other solar collection devices must be constructed or added as an integral part of the architectural design of a dwelling, and their design and installation require the approval of the Committee.
Q. FENCES. All fences are subject to the prior written approval of the Committee, the same as for all other improvements pursuant to §II.B above.
1. Fences must originate at the side of the house, beginning no less than 15 feet, nor more than 25 feet from the front wall of the house. Fences must then extend to the side lot
suant to §II.B above.
1. Fences must originate at the side of the house, beginning no less than 15 feet, nor more than 25 feet from the front wall of the house. Fences must then extend to the side lot line on both sides, at a right angle to the side lot line.
The fence must then travel along both side lot lines to, and then along the rear lot line.
2. Those sections of a side yard fence which face a street must have a column six feet tall and eighteen inches square, located at the corners and spaced uniformly along the fence, eighteen to twenty-one feet apart. A column must be at each corner of the rear lot line, and at the corners of the side and front fences. Columns must be constructed of Austin White Stone 411 to 7" in size.
3. Fence material must be 6'x l"x 611 "dog-eared " cedar pickets, 4"x 4" wood posts, 2"x J" or 2"x 4" cross members, and galvanized nails or staples. No post may be positioned so that it may be visible from a street.
R. WINDOWS. No reflective material may be used on or in windows which face to the front or the side of any lot.
B. LANDSCAPING. All homes must have the entire frontyard and sideyards landscaped. Each homeowner must plant two ( 2) native shade trees in the front portion (i.e., in front of the house) of each lot within one hundred twenty (120) days of the substantial completion of the residence. Each tree must be el ther Bradford Pear, a native Texas oak variety, or maple; at least two inches (2-in.) caliper, and planted at the proper depth. All landscaping must be completed no later than 120 days after the house is Rev. 07.16.93 .6.
STONEIIEDGE S«don I .t II completed. All landscape plans and specifications (including plant
han 120 days after the house is Rev. 07.16.93 .6.
STONEIIEDGE S«don I .t II completed. All landscape plans and specifications (including plant type, size, and location) must be approved by the Committee .
Shrubs (other than ground cover) must be at least one-gallon {l gal.) size. Grass may be either bermuda, buffalo, Zoysia, or st. Augustine.
·T. SIGNS. No signs of any character shall be allowed on any lot except one professionally done for lot identification purposes; provided, however, that the Declarant shall have the right, during the periods of development, constructi on, and sale, to construct and maintain signs as may be reasonably convenient for such construction and sale. In addition, when a lot or home is for sale, one "For Sale" sign may be placed on the lot, but it may not be larger than three feet square (3 ft. x J ft.).
1. Address Signs. A recessed address sign of either concrete or metal must be set into the front of all houses.
The sign must have four-inch (4 in.) numerals, be no more· than six inches (6 in.) in overall height, and have an appropriate overall width so as to accommodate all numerals. The sign must be situated so as to be visible from the street.
U. ANIMALS & LIVESTOCK. No animals, livestock, or poultry of any kind shall be raised , bred, or kept on any lot, except that dogs, cats, and other ordinary household pets may be kept, provided that they are not kept, bred, or maintained for commercial purposes, and provided that they are maintained as essentially indoor pets. No more than two (2) dogs, cats, or other household pets (in the aggregate) shall be kept on a lot at any time, and pets must not be allowed to become a nuisance to the neighborhood .
lly indoor pets. No more than two (2) dogs, cats, or other household pets (in the aggregate) shall be kept on a lot at any time, and pets must not be allowed to become a nuisance to the neighborhood .
No animal shall be allowed to run at large within the Property .
All animals, when allowed outdoors , shall be kept within an enclosed area, which must be clean, odor-free, sanitary, and reasonably free of waste at all times.
V. FIREARMS & FIREWORKS. No firearms, fireworks, or other explosives shall be kept or maintained on any lot, other than firearms for the protection of an owner's family and property, and firearms for sporting or recreational purposes. No explosives, or fireworks of any type, shall be discharged within the Property. No hunting, including hunting with bow and arrow, pellet gun, or sling shot, shall be permitted within the Property, and no firearms of any type shall be discharged within the Property unless necessary in order to protect an Owner's person, family, or property .
w. PROHIBITED ACTIVITIES . No business, professional, commercial , or trade venture or activity shall be conducted on any lot; provided, however, that storage areas, model homes, and sales offices may be constructed and maintained by Declarant, its successors and assigns . An office incident al to an Owner's business may be maintained within an Owner's residence so long as activities conducted in connection with the home off ice do not attract traffic, or otherwise become an annoyance or nuisance to the subdivision, and the office is not advert ised in any way.
X. ANNOYANCE OR NUISANCE. No noxious or offensive activity shall be carried on upon'any lot, nor shall anything be done which is an annoyance or nuisance to the neighborhood (this includes noise
way.
X. ANNOYANCE OR NUISANCE. No noxious or offensive activity shall be carried on upon'any lot, nor shall anything be done which is an annoyance or nuisance to the neighborhood (this includes noise pollution such as barking dogs and loud music) . All exterior lighting shall require approva l by the Committee as a design feature.
Y. DRILLING' MINING OPERATIONS. No drilling of any type, and no oil development or refining, quarrying or mining operations of any kind, shall be permitted upon or in any lot, nor shall oil wells, oil tanks, tunnels, mining excavations, or shafts be permitted upon the Property. No derrick, windmill, or other structure designed for use in pumping water or boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted upon any lot.
DECLARATION , RES'llUCTIONS • 111 & II Rev. 07.26.9) .7.
STOl(E]fEDGE S«dcn I & II YOl. 2 3 4 9 PAGE 13 0 z. Rt:strao1v1sroN. None of the lots shall be resubdivided. . Only one single family dwelling shall be erected on a lot.
IV. EASEMENTS & COMMON AREA A. COMMON AREA. Declarant shall maintai n all common areas in an attractive appearance. Common areas, if any, shall be under the sole control of Declarant until Declarant conveys it to the Association, or to the Owners , which Declarant may do, at its J discreti on. Declarant shall have the sole right, at its absolute /\.
discretion, to landscape all areas within common areas, including, at Declarant's option, the installation of street lighting, plants and ground cover.
1. Maintenance o! Common Areas & street Lighting. Declarant shall maintain the common areas, and street lighting, if any, ./ until and unless Declarant transfers the responsibility for ~
ground cover.
1. Maintenance o! Common Areas & street Lighting. Declarant shall maintain the common areas, and street lighting, if any, ./ until and unless Declarant transfers the responsibility for ~ the maintenance to another entity , (which Declaran t may do, at its discretion), or the Architectural Control Committee, or to the Owners, or to the Association.
2. Expenses Involved in Street Lighting & Maintaining Common Areas. All expenses incurred in the improve ment, installation of, and maintenan ce of street lighting, and maintenance of the common areas, shall, at the option of Declarant, be paid first :/ by Declarant, who shall be reimbursed by each lot owner paying the sum of $25. 00 per quarter as a separate "maintenance fee".
This fee shall be payable on therlrse-day of·each caTerfdar quarter (i.e. January 1, April 1, July 1, and October 1).
3. Increases. This fee may be increased annually, at Declarant's option, by the same percentage increase (if any), in the U.S. Consumer Price Index or similar index selected by Declarant.
~. Assessment Lien. In either event, whether the Declarant or another entity maintains the easement area, the maintenance fee shall be an assessment running with the land, enforceable as a lien against the lot, as provided in Articles VI & VII below.
B. 01'ILITIES EASEKENT. As set out on the Plats, an easement adjacent to the front property line adjoinin g each street , and along each side property line, and along each rear property line, is expressly reserved on all lots for the purpose of constructing and maintaining utility conduits, telephone lines, street lighting , electric light poles, towers, and other equipment to supply any public or private utilit y services.
c. MISCELLANEOUS DRAINAGE. No building shall be constructe d on a lot
hone lines, street lighting , electric light poles, towers, and other equipment to supply any public or private utilit y services.
c. MISCELLANEOUS DRAINAGE. No building shall be constructe d on a lot until provisions have been made for drainage of significant amounts of surface water to offsite, ·without draining across adjacent property . Drainage shall be into the street or road area, or into natural drainage areas, and such drainage shall be the responsibility of each Owner. No owner may block any drainage ditch.
V. MAINTENANCE REQUIREMENTS A. LAND. All plants, shrubs , trees, grass, and landscaping on a lot shall be maintained by each lot Owner in an attractive, trimmed, and neat condition at all times. The Owner of each lot, by the acceptance of the conveyance of the lot, also assumes the obligation to malntain all portions of the lot situated in an area designated on the recorded plat, in these covenants, or as recorded in the Williamson County Deed or Plat Records as greenbelt, common area, park, drainage, recreat ion, or similar areas.
Rcv. 0'7.26.9) ,I, STONE/IEDCB S«d"" I A II VOL. 2 3 4 9 PAGE 1 :J 1 B. REPAIRS ' ALTERATIONS TO STRUCTURES. Each owner shall maintain his dwelling and all improvements on his lot in good condition and ·repair, including repainting as necessary. However, any exterior repainting which involves a change in color or any other redecorating, alteration, repair, or improvement which changes the external appearance of a dwelling, shall require approval of the Committee in the same manner as new construction. All work shall be done expeditiously, in a good and workmanlike manner, with minimum inconvenience to other Owners.
c. ACCEPTABILITY OP' MAINTENANCE. The Committee shall have final
s new construction. All work shall be done expeditiously, in a good and workmanlike manner, with minimum inconvenience to other Owners.
c. ACCEPTABILITY OP' MAINTENANCE. The Committee shall have final authority to determine the acceptability of the maintenance and appearance of all lots and houses, and to determine the necessity for further maintenance of lots or houses within the Property. No unsightly lots or houses shall be permitted any time.
D. DEFAULT, In the event an Owner of a lot or dwelling shall fail to maintain his lot or dwelling, or any improvements, in a neat and orderly manner as provided above, which failure is not remedied within thirty (JO} days following a written notification by the Committee to the Owner, the Committee, its agents and representatives, shall have the right (but not the obligation) to enter upon the lot and property and repair, paint, and maintain the lot and the exterior of any and all buildings and other improvements, and the landscaping, all at the expense of the Owner.
E. MAINTENANCE EXPENSE. In the event that Declarant or the Committee incurs any expense in maintaining all or any portion of a lot or house, the costs shall be charged to and paid by the Owner of that lot or house. If the Owner fails to pay those costs upon demand, the Committee shall have the right to maintain an action in a court of appropriate jurisdiction to recover any sums so expended, together with reasonable attorneys fees and interest at the highest rate allowed by law.
F. APPLICABILITY. These covenants also apply to building contractors who own lots "in inventory", prior to construction of a residence, as well as to homeowners; all owners must keep their lots neat and orderly.
VI. HOMEOWNERS ASSOCIATION A, DEP'INITIONS,
g contractors who own lots "in inventory", prior to construction of a residence, as well as to homeowners; all owners must keep their lots neat and orderly.
VI. HOMEOWNERS ASSOCIATION A, DEP'INITIONS, 1. "Association" shall mean and refer to the "STONEHEDGE HOMEOfvNERS ASSOCIATION, INC.", its successors and assigns.
2. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the· Owners.
B. PROPERTY RIGIJTS, 1. owners' Easements o! Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; b. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; DECl.ARATION: RESTIUC110NS • 111 & fl Rev. C17.26.9) .9, ST'ONEJIEDCB S«tt... I .t U VOL. 2 3 4 9 PAGE 13 2 c. The right of the Association to dedicate or transfer all or any part of the common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (¼) of each class of members agreeing to such dedication or transfer has been recorded.
2. Delegation o! Use. Any owner may delegate, in accordance .
with the Bylaws, his right of enjoyment to the Common Area and
class of members agreeing to such dedication or transfer has been recorded.
2. Delegation o! Use. Any owner may delegate, in accordance .
with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property.
C. MEMBERSHIP & VOTING RIGHTS.
1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment .
2. The Association shall have two ( 2) classes of voting membership: Class A: Members shall be all owners with the exception of the Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members .
The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
Class B: Member(s) shall be the Declarant and shall be entitled to three ( 3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership.
D. COVENANT FOR MAINTENANCE ASSESSMENTS.
1. creation ot the Lien & Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants , and each Owner of any Lot by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: a. Annual assessments on charges ; and b. Special assessments for capital improvements; such assessments to be established and collected as
, is deemed to covenant and agree to pay to the Association: a. Annual assessments on charges ; and b. Special assessments for capital improvements; such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the Property against which each such assessment is made.
Each such assessment, together with interest, costs, and reasonable attorneys fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
2. Purpose o! Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area as set out in Article IV above.
DF..CLARA TION, RES11UCTIONS • 11 I & JI Re,, 07.26.9) .10.
STONEIIIDCE S«sion I A II VOL. 2 3 4 9 PAGE 1 ~ 3 3. Quarter Annual Assessment.
a. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum quarter-annual assessment shall be TWENTY-FIVE ANO NO/ 100 DOLLARS ($25.00) per Lot.
b. From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the assessment may be increased as set out in Article IV.A.3 above.
4. Special Assessments !or capital Improvements. In addition to the assessments authorized above, the Association may levy, in any assessment year, a special assessment
et out in Article IV.A.3 above.
4. Special Assessments !or capital Improvements. In addition to the assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (1/s) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
5. Notice & Quorum for Any Action Authorized Under SS 3 & 4.
Written notice of any meeting called for the purpose of taking any action authorized under§§ 3 & 4 above shall be sent to all members not less than JO days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast SIXTY PERCENT (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (\) of the required quorum at the preceding meeting --i.e. , THIRTY PERCENT ( 3 0%) . No such subsequent meeting shall be held more than 60 days following the preceding meeting.
6. Uniform Rate o! Assessment. Both regular and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
7. Date o! Commencement of Annual Assessments, Due Dates.
The assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of
n a monthly basis.
7. Date o! Commencement of Annual Assessments, Due Dates.
The assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the assessment against each Lot at least thirty (JO) days in advance of each assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates sh.all be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
8. E!!ect of Non-Payment of Assessments, Remedies of the Association. Any assessment not paid within thirty (JO) days after the due date shall bear interest from the due date at the rate of 12.0% per annum. The Association may bring an action at law against the Owner personally obligated to pay for same, or foreclose the lien against the Property. No Owner may waive or otherwise escape liability for the .assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
9. Subordination o! the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall DF.CLARATION, RESTIUCTIONS • 111 & 11 Rev. 07.26.93 .II.
VOL. 2 3 4 9 PAGE 13 4 not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments
4 9 PAGE 13 4 not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
10. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Texas shall be exempt from the assessments created herein . However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
VII. GENERAL PROVISIONS A. INTEREST. In the event any charge, cost, or other expense or monetary duty is not paid when due, then such amount shall bear interest at the highest rate allowed by law from the due date until paid.
B. ENFORCEMENT. The Declarant, and each owner, shall have the right-to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations now or hereafter imposed by this Declaration, or any supplemental declaration. Any failure to enforce these covenants and restrictions shall not be deemed a waiver of the right to do so thereafter. Any violation of these covenants shall not affect the lien of any mortgage or deed of trust of any secured party. Any person or entity found by a court of appropriate jurisdiction to be in violation of this Declaration shall be liable to the party seeking to enforce this Declaration for all costs, expP.nses, and reasonable attorneys fees incurred in connection with the enforcement.
C. PRIORITY OF LIENS. All duties or burdens imposed upon owners by
king to enforce this Declaration for all costs, expP.nses, and reasonable attorneys fees incurred in connection with the enforcement.
C. PRIORITY OF LIENS. All duties or burdens imposed upon owners by this Declaration are deemed to impose a lien and charge upon each lot, including, but not limited to, to the "Assessment Lien" described in §IV.A.4, and the obligations described in §V above.
In the event of default of any of these obligations by an Owner, Declarant, its successors and assigns, shall have the rights to foreclose its lien pursuant to §51.002 of the Texas Property Code.
This lien or charge shall at all times be subordinate to any valid lien securing an indebtedness incurred primarily for purchase money or construction of improvements.
D. SEVERABILITY. Invalidation of any one or more of the provisions of these covenants and restrictions by judgment or court order shall in no way affect the validity of any other provision, and all other provisions shall remain in full force and effect.
E. AMENDMENT & DURATION. Notwithstanding anything to the contrary contained in these covenants, conditions, and restrictions, the Declarant shall have, and hereby reserves, the right at any time, without the joinder or consent of any other party or entity (including the Owners) to amend these restrictions, covenants, and conditions by an instrument in writing duly signed, acknowledged, and filed for record in the office of the County Clerk of Williamson County, Texas, so long as the amendment (in the sole discretion of Declarant) will not be inconsistent with the general, overall plan for the development of the Property. Each Owner of effecting the provisions of this paragraph, and this power is
eneral, overall plan for the development of the Property. Each Owner of effecting the provisions of this paragraph, and this power is coupled with an interest and is irrevocable. After such date that Declarant has. conveyed two-thirds (½) of the lots in the Subdivision, then this Declaration may be amended by an instrument signed by not less than 67% of the Lot Owners. Any amendment must be recorded.
DECURATION, RESTIUCTIONS • 111 & II Rev. 07,26.9) .12.
VOL. 2 3 4 9 PAGE 1 J 5 F. DURATION. These covenants, conditions, and restrictions shall be effective for a term of thirty years (30 yrs.) from the date this Declaration is recorded; provided, however, that all easements shall be perpetual. After the JO-year period, these covenants , conditions, and restrictions shall be automatically extended for successive periods of ten years (10 yrs.) each, unless terminated by written instruments signed by the Owners of at least two-thirds (¼) of the lots comprising the Property.
DECLI\RANT I BTONEHEDGE PARTNERS NOTARIAL CERTIFICATE STATE OF TEXAS * * ACKNOWLEDGED BEFORE HE by the PARTNERS, on this -")_ :I day of of said partnership. ~1Ju NO:lAJ B~ W. A. BUTIERS NOTARY PUBLIC State of Texas AFTER RECORDING, RETURN TOI J. Winston Chapman, Jr.
RASH LANEY CHAPHJ\N SCHREIBER & PORTER 2112 Rio Grande J\uotin, TX 78705 JWC/r«I jwcnJ71,IO.d9, DECLARATION, R£STRIC1l0NS -111 & II Rev. IJ7.16.9J PREPARED IN THE LAW OFFICE OF: RASH LJ\NEY CHAPMAN SCHREIBER & PORTER 2112 Rio Grande
PORTER 2112 Rio Grande J\uotin, TX 78705 JWC/r«I jwcnJ71,IO.d9, DECLARATION, R£STRIC1l0NS -111 & II Rev. IJ7.16.9J PREPARED IN THE LAW OFFICE OF: RASH LJ\NEY CHAPMAN SCHREIBER & PORTER 2112 Rio Grande Austin, TX 78705 .IJ.
5109W/7-21-93/SRM VOL. 2 3 4 S PAGE 18 G CONSENT OF MORTGAGEE The undersigned is the owner and holder of liens against the Property and hereby Joins in the execution of this Declaration for the purpose of evidencing its consent hereto and to subordinate all liens against the Property to the terms of this Declaration. In the event of a foreclos ure of its liens against the Property, the undersigned acknowledges and agrees that the terms and provisions of this Declaration shall remain in full force and effect.
Executed the J..7 day of TIIE STATE OF TEXAS § FRANKLIN FEDERAL BANCORP, A Federal Savings Bank Assistant Vice President Before me, the undersigned authority, on this day personally appear ed Terri Talley Nassour, Assistant Vice President of Franklin Federal Bancorp, A Federal Savings Bank, a federal stock savings bank, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Franklin Federal Bancorp, A Federal Savings Bank, a federal stock savings bank, and that (s)he executed the same for the purposes and consideration therein expressed, and in the capacit y therein stated.
My :[is:Q expires: and seal of office this day jlJCt~ Notary Public -State of Texas Notary's name (printed):
exas Notary's name (printed): r---I hereby cerUfy that lhls Instrument was fllE!J t.o ,r· . ) c...., -rq .,\.'
COUNTY CLERK ~ .. ;:, tD ;-;o WILLIMISO/l COUNTY, 7EXAS