Go" or G2126 0766 SAME! 77 VOL. PG.
aT DECLARATION OF RESTRICTIONS, COVENANTS, AND CONDITIONS OF CRYSTAL FOREST ESTATES, PHASE VIT THE STATE OF TEXAS KNOW ALL MEN BY TULESE PRESENTS COUNTY OF ELLIS This Declaration is made this the 4" day of May, 2005, by GLASS EQUITIES, L.L.C., hereinafter called “Developer”.
ARTICLE I Construction of impravements and Use of Lots Seclion 1. Special Construction Requirements All homes under fonstruction must have a 4 lemporary portable potty on site prior o framing, All sites must be graded prior lo foundation Bi with pads and drainage set to protect adjacent property owners. Another grading shall occur _ after the foundation is poured back filling al! ditches and establishing drainage. Trash must be . i contained in piles circled by 3/8" material in 4X8 sheets. ke tw Section 2. Residential Use. All lots shall by used for single-family residential purposes only Pau No building shall by erected, altered, placed or permilted to remain on any lot other than the a Eg one (1) single-famity residence per lot, guest house and a private garage, as provided below, St G ao af persons related by blood, adoption or marriage or not more than 2 unrelated persons living ey : tagether as a single housekeeping unil, together with any household servanls. te a ESTATES mus! open on the side or al the rear of the house or as olhenvise approved by the ews Arciulectural Control Cammitlee. Street view ie = P 4 ra COUNTY CLERK'S MEMO Ss | Instrument UNSATISFACTORY = For microfilm recording into garage must by limited by angle, with 8 width of fences, shrubs, or wing walls. Each
ammitlee. Street view ie = P 4 ra COUNTY CLERK'S MEMO Ss | Instrument UNSATISFACTORY = For microfilm recording into garage must by limited by angle, with 8 width of fences, shrubs, or wing walls. Each residence must have a minimum of a two car garage. On comer lots, no side entry garage may open to the side street except where an enclosing brick fence with 8' ironwork gate Is erected to shield the view, and it must be approved by the Architectural Control Committee Section 5._Restriction on Resubdividing. None of the tots shall be subdivided into smaller lots.
Section 6, Driveways. Driveways shall be surfaced with concrete. Driveways are subject to approval in writing by the Architectural Control Commiltee.
Section 7, All lots shall have sewage systems that meet EPA standards.
Section 8, All propane tanks must be below ground.
Section 9, No above ground swimming pools will be permitted.
Section 10, Uses Specifically Prohibited, (@) No temporary dwelling, shop, trailer, storage building, or mobile home of any kind (excepi children's playhouses, dog houses, grfcenhouses, and gazebos, and small building for storage of lawn equipment), may be placed on a lot except within the backyard in an area fenced and Private;. These struclures cannot be placed anywhere on the side yards. No building materials of any Kind or character shall be placed or stored upon (he property until (he owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected Such buildings must maintain similar architecture to the main residence and be approved by the Architectural /Control Commitiee prior to the placement.
ot upon which the improvements are to be erected Such buildings must maintain similar architecture to the main residence and be approved by the Architectural /Control Commitiee prior to the placement.
(b) No boal, marine craft, hovercrafl, aircrafl recreational vehicle, pick-up camper travel trailer, motor home, camper or similar vehicle or equipment may be parked in the driveway or frant yard of any dwelling or parked on any public street in the Addilion, nor shall any such vehicle of equipment be parked for storage in the side yards of any residence Such equipment or vehicles may be P.2 COUNTY CLERK'S MEMO Instrument UNSATISFACT ORY For microfilm recording stared in the rear yard within a fence and concealed from alf neighbors' view. (Except a view over an 8 wall.) Architectural Control Committee approval is required-before the placement of any of this equipment. Provisions must be made for concealment of oversized and overly tall equipment.
No such vehicle or equipment shall be used as a residence or office temporarily or permanently, This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity.
(c) Trucks with tonnage in excess of one ton shall not be permitted or parked overnight within the Addition except within enclosed structure, or, those used by a builder during the construction of improvements.
(d) No vehicle of any size which transports flammable or explosive charge may be kept in the Addition at any time; except for delivery of allowed substances.
(e) No structure of a temporary character, such as 4 lrailer, lent, shack, barn, or other oul-building shall be used on any property at any time as a dwelling house; provided, however, any
substances.
(e) No structure of a temporary character, such as 4 lrailer, lent, shack, barn, or other oul-building shall be used on any property at any time as a dwelling house; provided, however, any builder, with the prior written approval of the Architectural Control Committee, may maintain and occupy a model home, sales offices, and construction trailer during the construction period (f} No oil drilling, oi! development operation, oil refining, quarrying or mining operations of any kind shall be permilted in the Addition, nor shall oi! wells, lanks, tunnels, mineral excavations or shafts be permitted upon or in any par of mineral excavations or shafts be permitted upon or in any part of the Addition No derrick or other structure designed for use in quarrying or boring for oil, nalural gas or other minerals shall be erecled, maintained or permitled within the Addition (g) No arumals, livestock or poultry of any kind shall be raised, bred, or kepl on any properly 1m the Addition except for household pets which provide companionship P 3 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording G2126 G169 vo, PG.
for the private family. Animals are not to be raised, bred or kept for commercial purposes, or for food. Itis the purpose of these provisions to restrict the use of the property so that no person shall quarter on the premises bees, hogs, goats, guinea fowl, ducks, chickens, turkeys, skUNKS or any other animals thal may interfere with the quielude, health, or safety of the community. No more than one (1) cow, horse or sheep per acre will be permitted on each lal and same shall be kept ina fenced area. No more than a total of four (4) additional pets will be permitted on each lot. Pets
ore than one (1) cow, horse or sheep per acre will be permitted on each lal and same shall be kept ina fenced area. No more than a total of four (4) additional pets will be permitted on each lot. Pets must be restrained or confined on the homeowner's back lot inside a fenced area or within the house. Itts the pet owner's responsibilily to keep the lot clean and free of pel debris.
(hh) No lot or other area in the Addition shall be used as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers in appropriate locations which may be specified by the Architectural Control Committee and , unless olherwise expressly permitted by the Architectural Control Committee, such containers shall be situated and enclosed or screened so as not to be visible from any residential streel, private drive or adjacent lol. The storage of such material shall be kepl clean, and may be sorted on lots during construction so long as construction progresses without undue delay.
(1) No garage, trailer house or other out-building (excepl for sales offices and construction trailers during the construction period which have been approved by the Architectural Control Committee in writing) shall be occupied by any owner, lenanl or other person prior lo the erecuon of a residence.
G) No air-conditioning apparatus shall be inslalled on the ground in front of 2 residence No air-conditioning apparalus shall be attached (o any front walt or window of aresidence No evaporative cooler shall be installed on the front wall or window of a residence All utilily meters, equipment, air conditioning compressors, air condition and healing units and similar items must (lo the extent reasonable) P 4 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording
rs, equipment, air conditioning compressors, air condition and healing units and similar items must (lo the extent reasonable) P 4 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording 02126 0710 VOL. PG.
be visually screened from the street and adjoining lois and must be located in areas from the street and adjoining lots and must be located in areas acceptable to the Architectural contro!
Committee.
(k) Except with the written permission of the Architectural Control Committee, no antennas shall be permitted in this Addition except antennas for AM or FM radio reception and UHF and VHF television reception. All antennas shall be located inside the attic of the main residential structure except for the small satellite dishes. No use shall be made of any lot or structure thereon for any type of radio or television or similar broadcasting systems.
( 1.) No fot ar improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Addition, nor shall anything be done which is or may become an annoyance or nuisance ta the neighborhood. Nothing in the subparagraph shal! prohibit a builder's temporary use of a residence as a sales office unlil such builder's last residence in the Addition is sold if such builder has received the prior writen approval for such use from the Architectural Control Committee. Nothing in this paragraph shall prohibil an owner's use of a residence for quiet, inoffensive activittes such as tutoring or giving art lessons so long as such
rom the Architectural Control Committee. Nothing in this paragraph shall prohibil an owner's use of a residence for quiet, inoffensive activittes such as tutoring or giving art lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners’ use and enjoyment of their residences and yards COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording O2i26 O77) VOL. PG.
(m) Within easements on each lot, no structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the inslallation and maintenance of utililies, which rnay change the direction of flow within drainage channels or which may obstruct or retard the flow of water through drainage channels (n) No signs of any kind shall be displayed to the public view on any lol except one (7) professional sign of not more than five (5) square feet advertising the propery for sale, or professional signs not exceeding nine (9) square feet used by a builder to advertise the property during the construction and sales period, or the small signs that the school gives out for their athletes to put out in the yard, Developer or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liabilily in connection with such removal. All signs are subject to the approval of the Architectural Contral Commitiee and may be required by the Committee to be removed, in the sole judgment of the Committee, if same are found to be inconsistent with the high standards of the Addition.
(9) The drying of clothes in full public view is prohibited.
mmittee to be removed, in the sole judgment of the Committee, if same are found to be inconsistent with the high standards of the Addition.
(9) The drying of clothes in full public view is prohibited.
(p) No abandoned, derelict or inoperative vehicles may be slored or localed on any lot unless visually screened from other lots and from any residential streel.
Section 9, Minimum Floor Arca. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of apen porches, garages, patios and detached accessory buildings, shall not be Jess than two thousand two hundred and fifty (2,250) square feet.
P.6 | COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording 02126 O1ie P VOL.
9 Section 10. Building Materials, Exterior Wems and Surfaces The total exterior wall area, except windows and doors, of each building constructed on a lot shail De not less than eighty percent (80%) brick, brick veneer, stone, stone veneer, or other material approved by the Architectural Control Committee. The front external wail area of the firs floor, except windows and doors, of such building shall not be less than one hundred percent (100%) of such materials unless otherwise approved by the Architectural Contral Committee. tn calculating the area required to be constructed of the foregoing materials on the side and rear exlerior walls, but not the front exterior walls, of such buildings, the areas covered by the following shall be excluded from such calculation; gables or other areas above the height of the top of standard height first-floor windows. No plywood shall be used on any exterior wall unless approved by th Architectural
luded from such calculation; gables or other areas above the height of the top of standard height first-floor windows. No plywood shall be used on any exterior wall unless approved by th Architectural Control Committee. Roofing shail be composed of 300# or better Composition shingles, metal seamed, man-made slale, concrete flat tile, tile, or other materials shall be permitted when approved by the Architectural Control Committee. Installation of all types of exterior items and surfaces such 2s address numbers or extemal ornamentation, lights, mail chules, mail boxes, exterior paint or stain, shall be subject to the prior approval of lhe Architectural Control Committee both as to design, materials and location.
Section 11. Fences and Walls. Any fence or wall must be constructed of masonry, steel, brick, stone, iron work, wood, or other materiai approved by the Architectural Control Committee Retaining walls must be constructed entirely oul of materials approved by the Architectural Control Commitlee No fences in the front of the home will be permitted Fences or walls erected by Develaper shall become lhe property of the owner of the lol on which the same are erected and, as such, shall be maintained and repaired by such owner No portion of any fence shall extend more than eight (8) feel in height, except for entry walls constructed by Developer P.7 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording oO ne) r oD Ov CD oe) —.
ce mJ Section 12 ._Mailboxes. Mailboxes shall be constructed of brick , masonry, or other material approved by the Architectural Controt Committee and shall be of standardized construction and appearance, similar to other mailboxes in the Addition. Mail boxes shall be arranged as gangboxes
material approved by the Architectural Controt Committee and shall be of standardized construction and appearance, similar to other mailboxes in the Addition. Mail boxes shall be arranged as gangboxes if, and only if, required by the U.S. Postal Service, Section 13. Commencement of Consinuction. Each residence constructed on each lot and any other improvements thereto shall be commenced and completed with due diligence promptly after approval of the Architectural Control Committee of the plans and specifications prepared in cannection with such construction. No time limit is imposed upon the start of construction, but once construction begins, improvements must be completed within one and one-half (1 1/2) years.
Section 14, Utilities. Except as to special street lighting or other aerial facilities which may be required by the City, or which may be required by the franchise of any utility company, or which may be installed by the Developer pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, transformers and other surface installations necessary to maintain or operate appropriale underground facilities) shall be erected or installed in the Addition whether upon individual lots, easements, streets or right-of -way of any type, either by the utility company or any other person or entity, including, but not limited to any person owning or acquiring any part of the Addition, and all utility service facilities ( including, but not limited to, water, Sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by public utility.
electricity and telephone) shall be buried underground unless otherwise required by public utility.
and responsible water flow away fram the main structure and adjoining homes. Each lot owner wiil be responsible for insuring their drainage is channeled to the sireet or normal drainage areas. Roof!
pitches will be a minimum of 8/12 or greater over the main span in front roof spans, and the rear pitch on a P.B COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording 02:25 077k VOL. PG.
11/2 story or rear porches can be reduced to 4/12 or greater. The primary first floor plated height shall be 9 feet or taller for 66 2/3% of area. ARTICLE II Architectural Control Section 1._Appointment. Developer shall designate and appoint Architectural Control Committee (herein called the “Committee") composed of two (2) individuals, each generally familiar with the residential and community development design matters and knowledgeable about standards within the Addition. The committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with this declaration.
Section 2, Successors. In the event of the death, resignation or removal by Developer of any member of the committee, Developer shall have full authority to designate and appoint a successor.
No member of the Committee shall be entitled to be compensated for, or be liable for claims, Causes of action, or damages arising out of services performed pursuant to this declaration Section 3, Authority, No building, fence, wall or other structure shall be commenced, erected,
e for claims, Causes of action, or damages arising out of services performed pursuant to this declaration Section 3, Authority, No building, fence, wall or other structure shall be commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition lo, or alteration of such items be made until all plans and specifications and a plot plan have been submitted lo and approved in writing by the Architectural Control Committee.
Section 4. Procedure for Approval Final plans and specificalions shall be submilled in duplicate to the Committee The plans and specifications shall show the nalure, kind, shape, height, materials, and location of improvements The documents shall specify any requested variance for the Setback lines, garage location or any P 9 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording 02126 O779 VOL. PG, other requirements set forth in this declaration. The Committee is authorized to request the submission of samples of proposed construction materials. As such items as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the commitlee and the other complete set of plans shall be marked “Approved”, and returned to the lot owner or his designated representative.
Section 5. Standards, The Committee shall have sole discretion with respect to taste, design and all standards specified herein.
Section 6. Termination: Continuation The Commitiee appomled by Developer shall cease to exist on the earlier of : (a) the date on which al! the members of the Committee file a document declaring the termination of the Committee, (b) the date on which residences have been constructed on all
ist on the earlier of : (a) the date on which al! the members of the Committee file a document declaring the termination of the Committee, (b) the date on which residences have been constructed on all lots in the Addition, or (c) upon the appointment of a Homeowners Association by the Developer.
Oues will be assessed for maintenance of commons areas, street lights, and other common costs.
ARTICLE [I] General Provisions Section 1. Easements. Easements for the installalion and mainienance of utilities and drainage facilities are reserved as shown on the PlaL Easements are also reserved for the installation, operation, maintenance and ownership of ulility service lines from the properly lines to the residences. Developer reserves the right to make changes in and additions ta the installing of improvemen!s. By acceptance of a deed to any lot, the owner then covenants and agrees lo mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot Section 2. Recorded Plat All dedications, limitations, restrictions and reservations P 10 COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording CS i No an C3 wad wal ON shown on the Plat are incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by Developer, conveying lots in the Addition, whether specifically referred to therein or not.
Section 3._Lot Maintenance. The owner and occupant of each lot shall cultivate an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run along the property line.
an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run along the property line.
Section 4._Maintenanee of Improvements, Each lot owner shall maintain the exterior of all buildings, fences, walls, and other improvements on his lot in good condition and repair, and shall replace wom an rotten parts, and shall regularly repaint all painted surfaces and shall not permit the roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improvements to deteriorate in an unattractive manner.
Section 5, Term. These covenants, reservations and restrictions shall be binding on all parties and all persons and parties claiming under them, unless an instrument signed by fifty- one percent (51%) of the then owners of the lots has been recorded, agreeing to change said restrictions, reservations and covenants in whole or in part. No verbal agreements shall be honored thal change these restrictions.
Seclion 6._Yards, Grass, weeds and vegetation on each lot in this Addition must be kept mowed al regular intervals so as to mainlain the same in a neat and attractive manner. Upon failure to so maintain a lot, the Developer or its assigns may, at its option, have the grass, weeds and vegetation cut when, and as often necessary in its judgement, and the owners of the property shall be obligaled to reimburse the developer or its assignee for the cos! of such work Section 7 Upon the purchase of alot, all EPA rules and regulations are hereby transferred with the sale of the lat to the new owner, and it is the owner's responsibility to follow all requirements of the EPA, COUNTY CLERK'S MEMO
of alot, all EPA rules and regulations are hereby transferred with the sale of the lat to the new owner, and it is the owner's responsibility to follow all requirements of the EPA, COUNTY CLERK'S MEMO Instrument UNSATISFACTORY For microfilm recording ro) Po fo Or.
cn weed cad | EXECUTED this the 4" day of May, 2005.
GLASS EQUITIES, L.L.C.., William S. Glass, Seéretary-Treasurer THE STATE OF TEXAS COUNTY OF ELLIS This instrument was acknowledged before me this the 4° day of May, 2005, by Robert V. Glass, President of Glass Equities, L.L.C., a Texas limited liability company, on behalf of said entity.
TERESA Y, NOGGLE MY COMMISSION EXPIRES COUNTY OF ELLIS This instrument was acknowledged before me this the 4° day of May, 2005, by William S. Glass, Secretary-Treasurer of Glass Equitics, L.L.C., a Texas limited liability company, on Dehulf of said entity.
CHiterald Vig Notary Public, State of Te o TERESA Y, NOGGLE MY COMMISSION EXPIRES Saptember 14, 2005 024126 .0778 you; - PE.