723-00-0120 Stet PETITION FOR THE CREATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ALL SECTIONS OF KIPLING OAKS THE STATE OF TEXAS § § COUNTY OF MONTGOMERY § PREAMBLE Montgomery County, Texas, consisting of six tracts of land according to the plats and thereof filed for record in the Montgomery County Clerk's office, does hereby wish to covenants, conditions and restrictions for the following six tracts of said Subdivision to about uniformity in the regulation of all the land in said residential community for the present and future owners of property in said residential community; ii ~ ' ip, KIPLING OAKS SUBDIVISION, SECTION ONE, being that certain tract of land subdivided and platted as Kipling Oaks, Section One, a subdivision in the John Raimon Survey, Abstract Number 472, as shown in the Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION TWO, being that certain tract of land subdivided and platted as Kipling Oaks, Section Two, a subdivision in the E.H.Coe Survey, A-158, the Buckman Canfield Survey, A-120, as shown in the Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION THREE, being that certain tract of E.H. Coe Survey, A-158, and the Buckman Canfield Survey, A-120, as shown in the Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION FOUR, being that certain tract of land subdivided and platted as Kipling Oaks, Section Four, a subdivision in the TJ. Stansbury Survey, Abstract Number 485, as shown in the Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION FIVE, being that certain tract of land subdivided and platted as Kipling Oaks, Section Five, a subdivision in the
he Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION FIVE, being that certain tract of land subdivided and platted as Kipling Oaks, Section Five, a subdivision in the E.H. Coe Survey, A-158, and the Buckman Canfield Survey, A-120, as shown in the Plat and Map Records of Montgomery County, Texas.
KIPLING OAKS SUBDIVISION, SECTION SIX, being that certain tract of land subdivided and platted as Kipling Oaks, Section Six, a subdivision in the T. J.
F 723-00-0121 Stansbury Survey, Abstract Number 485, as shown in the Plat and Map Records of Montgomery County, Texas.
NOW THEREFORE, the undersigned, Owners of tracts in Sections 1, 2, 3, 4, 5, and 6 of conditions and restrictions to apply uniformly to the use, occupancy and conveyance of all Lots in KIPLING OAKS, SECTIONS lI, 2, 3, 4, 5, and 6 (hereinafter collectively referred to as the Each contract or deed which has heretofore been or may hereafter be executed with regard to any of the Lots in said Subdivision shall be conclusively held to have been executed, delivered, and accepted subject to the following covenants, conditions, restrictions, casements, liens and charges, regardless of whether or not said covenants, conditions, restrictions, easements, liens and charges are set out in full in said contract or deed, These covenants, right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I (1) “Association” shall mean and refer to Kipling Oaks Civic Club, Inc., aka, KIPLING OAKS HOME OWNERS ASSOCIATION, a non-profit corporation organized under the laws of the State of Texas. Membership in the Association shall be regulated according to
Oaks Civic Club, Inc., aka, KIPLING OAKS HOME OWNERS ASSOCIATION, a non-profit corporation organized under the laws of the State of Texas. Membership in the Association shall be regulated according to the Articles of Incorporation and Bylaws.
(2) "Common Area” shall mean and refer to all property owned by the Association for the common use and benefit of the Owners, if any.
G) “Declaration” shall mean and refer to this instrument and any amendments thereto. The terms “Declaration” and “Deed Restrictions” may be used interchangeably herein.
(4) "Deed Restrictions” shall mean and refer to the restrictions, covenants and conditions (5) “Lot” shall mean and refer to any numbered Lot or Tract as per the Maps or Plats of the Subdivision referred to herein. The terms “Lot” and “Tract” may be used interchangeably hercin.
(6) “Qvwmer" shall mean and refer to the record Owner (whether one or more persons or entities) of a fee simple title to the surface estate in any Lot that is a part of the Subdivision and that is subject to these Deed Restrictions, but excluding those having such interest merely as security for the performance of an obligation.
Amended & Consolidated Deciaration—Kipling Osks All Sections = 2 723-00-0122 (7) "Subdivision" shall mean and refer to all property in Sections 1, 2, 3, 4, 5, and 6 of KIPLING OAKS SUBDIVISION, more specifically identified as in the Map or Plats thereof filed in the Map Records of Montgomery County, Texas, and such additions thereto as may hereafter be brought within the jurisdiction of the Subdivision. ; (8) “Articles of Incorporation” shall mean and refer to the Articles of Incorporation of the Kipling Oaks Civic Club, Inc., as filed with the Secretary of State of Texas, which is
f the Subdivision. ; (8) “Articles of Incorporation” shall mean and refer to the Articles of Incorporation of the Kipling Oaks Civic Club, Inc., as filed with the Secretary of State of Texas, which is attached hereto as Exhibit A and incorporated herein by reference.
(9%) “Bylaws” shall mean and refer to the Bylaws of the Kipling Oaks Civic Club, Inc.
attached hereto as Exhibit B and incorporated herein by reference, as they may be amended from time to time.
(1) All Lots of said Subdivision as evidenced by the Map or Plat on file thereof, shall be used for single family, residential purposes only, and no part thereof shall be used for or converted to business or commercial purposes.
(a) The term “residential purposes” shall exclude, without limitation, duplex houses, commercial and professional uses of any kind.
(b) All Lots shall be used for permanent residences in the Subdivision.
character and tranquility of the Subdivision, shall be prohibited.
(2) _— All Lots shall be used for single family residence purposes only, and only one (1) private residence home of new construction, designated and constructed for use by a single family, shall be built on each Lot, with such servants quarters, garages and other structures as may be suitable and proper for occupancy of said residents as a single family dwelling.
(3) Subdivision of Lots Prohibited: No Lot shall be subdivided, nor shall any dwelling be placed on any Lot having an area of frontage less than the smallest Lot on the block, unless a variance is granted by the Association.
(4) Garages: Garages shall be for 2 minimum of two (2) cars. In the event the garage is detached from the residence, it may be of frame construction, but at all times must be painted or stained with at least two (2) coats. '
ll be for 2 minimum of two (2) cars. In the event the garage is detached from the residence, it may be of frame construction, but at all times must be painted or stained with at least two (2) coats. ' (5) (6) 723-00-0123 Qutbuildings: All outbuildings shall be located to the rear of the residence. No shed, shack, tent, trailer home, or mobile home may be used as a primary residence or rented out for residential purposes either temporarily or permanently.
Building Set Back Lines: No new construction of any primary residential building shall be located nearer to the front line or nearer to the side street line than the building setback lines shown on the recorded plat. In no event shall any primary residential building be located nearer than sixty (60) feet from roadways as dedicated, unless a variance is granted by the Association, and in no event shall any primary residential building be located nearer than five (5) feet to any interior Lot line. All primary residential buildings and outbuildings constructed prior to the filing of this petition are hereby “grandfathered” and therefore, not subject to or required to comply with this restrictions.
Minimum Square Footage: No primary residential structure shall be placed on any Lot unless its living area has a minimum of sixteen hundred (1600) square feet of floor space, exclusive of open porches and garages.
Exterior and Roof Specifications: All mew construction of primary residential structures shall have a minimum of fifty-one percent (51%) brick or stone on the exterior wall area, and the remainder of a material other than brick or stone shall be painted or stained with at least two (2) coats. Roofs on all structures shall be in accordance with fire code
the exterior wall area, and the remainder of a material other than brick or stone shall be painted or stained with at least two (2) coats. Roofs on all structures shall be in accordance with fire code ‘dhuther ir oclamary sedldonaen; auaaeh, seconday buildings or outbuildings, or additions agronomy igre rag oe tikeernam. papenpodeate ps weiner es Association before ground is broken or any construction is commenced, to determine Deed restriction requirements. In the event the Board fails to respond, approve, or disapprove the plans within (30) days after the requested plans and other documents have been submitted to it, such approval will not be required and this provision as to approval will be deemed to have been satisfied; however, the Board’s response may state that the Board requires one (1) additional thirty (30) day period to review said application before the plans are approved, disapproved, or deemed approved. All necessary construction permits must be obtained from the appropriate county or city officials prior to commencing construction. All new construction must be completed in six (6) months, unless an extension of time is approved by the Board of Directors of the Association.
Amended & Consolidated Deciaration—Kipling Oaks AllSecions 4 723-00-0124 (10) Sewage Disposal: Prior to occupancy of the residence, the property Owner shall install a septic tank for sewage disposal that is Montgomery County approved. Drainage of septic systems or sewage into ditches, alleys, ravines, or upon the open ground shall be strictly prohibited. All drainage must be regularly and properly disposed of on the property. No cesspool shall be dug, used or maintained on any Lot. Outside toilets and outhouses are strictly prohibited.
tly prohibited. All drainage must be regularly and properly disposed of on the property. No cesspool shall be dug, used or maintained on any Lot. Outside toilets and outhouses are strictly prohibited.
(11) Culverts and Driveways: The Owner or purchaser of a parcel of land in the Subdivision shall, upon constructing amy new residence on the Lot, or any person making use of a ~ tract of land, shall place a culvert of a size as specified by Montgomery County and a minimum of sixteen (16) feet in length to permit the free flow of water at a point between around the culvert for proper drainage. All driveways shall be of concrete slab or black asphalt from street to garage.
111 _Utitility Easements: Five (5) feet shall be reserved on each side of roadways for underground utitility easements. Said easement grants to Grantee the right to use and to keep all of said easement free of any and all obstructions except property line fences and mail boxes, and (2) the rights of ingress and egress to and from said right-of-way for the purpose of constructing, operating, inspecting, repairing, maintaining, replacing and removing said wire or equipment; and Grantor, his successors, assigns, agents or licensees, shall not have the right to cause or permit any obstructions, except property line fences and mail boxes, to be placed, constructed, or to grow (other than grass) within said easement area without the express written consent of the holder of said easement.
(12) Prohibited Structures: No Mobile Homes, Trailer Homes, Manufactured Homes, or any other similar structures shall be placed on any tract of land in the subdivision.
(1) Maintenance of Property: No activity thet might reasonably be considered to rediet i
s, Manufactured Homes, or any other similar structures shall be placed on any tract of land in the subdivision.
(1) Maintenance of Property: No activity thet might reasonably be considered to rediet i marketability of any Lot or the desirability of the Subdivision as a residential neighborhood shall be carried on upon any Lot or any Common Area. All Lots and all structures on the Lots shall be maintained in conformity with the general plan and scheme of residential development and in order to preserve property values in the Subdivision.
Building exteriors shall be kept in good condition. Buildings with frame construction shall be kept painted or stained and in good condition. Rotted wood or siding shall be replaced.
Ameaded & Consolidated Dectaration—Kipling Oaks All Sections = §f (2) G) (4) (5) 723-00-0125 Soil and Timber Removal: Owners shall not excavate, remove, or sell! the soil, and shall not cut, remove, or sell timber, except as mecessary for the construction of residential and associated improvements upon the property, and except as may be necessary for the reasonable use, upkeep, and maintenance of the property. Said permitted removal must be carried out in such a way as does not in any manner decrease the value of the property in ‘the Subdivision.
Lot and Yard Maintenance: All developed or improved Lots shall be kept cut, weeded and maintained by the Owner or occupant. If the Lot is not maintained properly, the a reasonable specified time. If the Owner does not comply within the time given in the notice, the Association may, without being liable for trespass, hire a third party to do the maintenance work and charge the Owner for all costs incurred. Lawn maintenance such charge shall be the personal obligation of the person who was the Owner of the Lot -
s, hire a third party to do the maintenance work and charge the Owner for all costs incurred. Lawn maintenance such charge shall be the personal obligation of the person who was the Owner of the Lot at the time the charge was assessed.
Nuisances and Prohibited Activities: No noxious, offensive, or dangerous activity shall be carried on upon any Lot, nor shall any loud disruptive noises be carried on in the Subdivision or upon any Lot.
(a) Prohibited activity shall be defined as any activity that can be seen, heard, or smelled by persons outside the Lot or structure. Examples of prohibited activity include, but on a Lot or road or permanently kept on the property; any motor vehicle not properly licensed by the State of Texas or having expired tags, within view of the road; any motor vehicle with a flat tire or tires, or any inoperable vehicle on the property within view of the road; junk or wreckage yards, or autos, trucks or other vehicles used for (>) The use and/or discharge of firearms or pneumatically discharged weapons such as air rifles are strictly prohibited on all Lots in the Subdivision. No hunting shall be itted in the Subdivisi (c) No Lot or tract shall be occupied or used for any vicious or immoral purposes, nor in violation of the laws of the local, State, or Federal Governments.
Trash Dumping and Storage of Waste: All Lots must be maintained in a sanitary manner, at all times. No Lot, whether vacant or occupied, any Common Area, or any other area of the Subdivision, shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Trash and other waste must be kept in covered sanitary containers, and must be disposed of on a regular basis, at least once per week. No waste,
ing ground for rubbish, trash, garbage, or other waste. Trash and other waste must be kept in covered sanitary containers, and must be disposed of on a regular basis, at least once per week. No waste, garbage or trash shall be buried or burned in the Subdivision. No leaves, brush, timber, debris, or trash of any nature shall be placed, disposed of, or burned within the road rightof-way or on any unattended or vacant Lot.
Amended & Consolidated Deciararica—Kipling Oaks All Sections 9 6 (6) (8) @) (2) 723-00-0126 Wrecking Yards Prohibited: Wrecking yards are strictly prohibited, and shall not be located on any Lot or area in the Subdivision, whether or not enclosed behind a fence.
= Dogs, cats, and other houschold pets may be kept on residential Lots, provided, however, that they are not kept, bred, or maintained for commercial purposes.
Local animal control regulations shall be complied with. No livestock or poultry of any kind shall be raised, bred, or kept on any Lot.
Signs on Residential Lots: No commercial signs, billboards, posters, or other advertisements may be posted on any residential Lot except reasonable “For Sale” or “For Rent” signs pertaining to the sale or rental of the tract or tracts and improvements thereon. Other signs of a temporary nature such as political signs or garage sale signs shall be promptly removed at the conclusion of the event and in no event shall be left in place for a continuous period exceeding two weeks.
STI?
« the Subdivision shall be subject to Obligations. Each Owner of a Lot or Lots within Kipling Oaks Subdivision by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay such Obligation.
r of a Lot or Lots within Kipling Oaks Subdivision by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay such Obligation.
‘The Obligation is payable to the Association and such Obligation shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment or charge is made. If such Obligation becomes delinquent and collection is made necessary by an attorney, then court costs and reasonabie attorney’s fees shall be a charge on the land and shall be a continuing lien upon the property against which each such Obligation is made. Each such Obligation, together with interest, court costs, and reasonable attorney's fees, shall also be the personal obligation of the person, persons, or entity who or which was the Owner at the time the Obligation fell due. The personal burden for the Obligation shall not pass to successors in title unless expressly assumed by such successors.
of any first mortgage, but superior to all other liens. Sale or transfer of any Lot shall 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 or from the lien thereof.
Amended & Consolidased Dectaracion—Kiplieg Oaks All Sections §=7 G) (4) GS) (6) 723-00-0127 Annual Assessments: Each property owner is hereby subject to annual maintenance dues for the purpose of creating a maintenance fund. The Owner of developed or undeveloped Lot(s) shall pay the maintenance dues to the Association in advance annual installments,
o annual maintenance dues for the purpose of creating a maintenance fund. The Owner of developed or undeveloped Lot(s) shall pay the maintenance dues to the Association in advance annual installments, on January 1* of each twelve-month period. The rate at which each property owner will be assessed shall be determined annually, and may be adjusted from year to year by the Association as the needs of the properties may, in the judgment of the Association, require, provided that such assessment shall be uniform as between cach property owner whereas, the total amount paid for charges, dues and assessments by each property owner will be the same regardless of the number of Lots by the property owner. (Note: * OFT Purpose of Maintenance Dues: Maintenance dues levied by the Association shall be used for the purpose of promoting the property values, health, safety and welfare of the property in the Subdivision and the Owmers thereof. Such uses and benefits may include, by way of clarification but not limited to, any and all of the following: costs of enforcement of these covenants, conditions and restrictions; business costs incurred by garbage or heavy trash pickup, legal expenses, insurance and other purposes as the Association may deem to be in the Subdivision’s best interest.
: Dec: sessment: authorized above, Board 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 (1) any purchase, construction, reconstruction, repair or replacement of a capital thereto, or (2) any other expenditure authorized by Article IV, Section 4, provided that any such assessment shall have the approval of the Owners of seventy-five percent (75%)
eplacement of a capital thereto, or (2) any other expenditure authorized by Article IV, Section 4, provided that any such assessment shall have the approval of the Owners of seventy-five percent (75%) of the Lots in the Subdivision. Voting may be by proxy or in person at a meeting duly called for such purpose.
be binding upon all Owners and Lots, and all persons claiming thereunder for a period of twenty (20) years from the date this instrument is recorded, after which period such periods of ten (10) years. Notwithstanding the preceding sentence, the covenants, restrictions and conditions herein may be revoked or amended at any time in whole or in part by an instrument signed and acknowledged by the Owners of a majority of the Lots in the Subdivision, such revocation or amendment to become effective when such instrument has been recorded im the Real Property Records of Montgomery County, Texas.
(10) (11) (12) 723-00-0128 Notification of Violations: The Board of Directors of the Association shall have the right to notify Owners in writing of any violation of these Deed Restrictions. Said notification shall give the Owner thirty (30) days to correct the problem before further action is taken.
Enforcement: The Association, acting through its Board of Directors, shall have the right, but not the duty, to enforce, by any proceedings at law or in equity, all conditions, (a) The authority of the Association to enforce this Declaration shall not affect the right of any Owner to commence and maintain actions and suits to restrain and enjoin any violation or threatened violation of the provisions of these Deed Restrictions by another Owner, except the provisions for dues and special assessments.
in actions and suits to restrain and enjoin any violation or threatened violation of the provisions of these Deed Restrictions by another Owner, except the provisions for dues and special assessments.
(>) Enforcement may be by proceedings at law and/or in equity against any person or herein contained, whether such enforcement is to restrain violation or to recover damages, or both. Failure of the Association or any Owner to enforce any provision of this Declaration does not constitute a waiver of the right to do so hereafter. The Notice: Any legal notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent by certified mail, postpaid, to the last known address of the person who appears as Owner in the records of the Association at the time of such mailing. It shall be the Owner's obligation to inform the Association of Severability: Except as provided in Article IV, Paragraph 11, invalidation of any provision or provisions of any one or more of these Deed Restrictions by legislation, judgment or court order shall not affect the validity or enforceability of any of the other provisions.
Restrictions are made invalid or unenforceable in their entirety by any legislation, judgment or court order, any previously recorded restrictions will be deemed reinstated and still in effect in accordance with the provisions thereof.
The headings in these Deed Restrictions are for convenience in reference only and do not limit or otherwise affect the meaning of any provision hereof.
Amended & Consolidated Declaration —Kipling Ouks All Sections oe NOTICE TO OWNERS 723-00-0129 An owner who does not sign this petition must file suit under Section 201.010 of the Texas Property Code
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Amended & Consolidated Declaration —Kipling Ouks All Sections oe NOTICE TO OWNERS 723-00-0129 An owner who does not sign this petition must file suit under Section 201.010 of the Texas Property Code before the (8ist day after the date on which the certificate called for by Section 201.008(e) of the Texas Property Code is filed in order to challenge the procedures followed in creating these covenants, conditions, and restrictions.
conditions, and restrictions by filing, before one year after the date on which the owner receives actual notice of the filing of the petition, an acknowledged statement describing the owner's property by reference to the recorded map or plat of the subdivision and stating that the owner elects to have the property deleted and excluded from the Operation of the covenants, conditions, and restrictions.
Uwe wish to INCLUDE my property im being burdened by these covenants, conditions, and restrictions.
Uwe wish to EXCLUDE my property from being burdened by these covenants, conditions, and festrictions.
My name(s) is/are - Uwe own record title to property within the Kipling Oaks Subdivision. The legal description and street address of my property is as follows: Section, Block and Lot Number(s): Please indicate all lots owned by you.
Section # ss Block # Tract or Lot Number(s) Address Full Name and Address: Eull Name and Address: Printed Name: Printed NarneNumber'Street Number/Steet ry Fe City/State/Zip City/State/Zip Signature: Signamre: If there is more than one record owner of a tract or lot, each record owner must sign this Notice to include or exclude property with the petition.
THE STATE OF TEXAS § § COUNTY OF MONTGOMERY §
rd owner must sign this Notice to include or exclude property with the petition.
THE STATE OF TEXAS § § COUNTY OF MONTGOMERY § , known to me to be the person whose name is subscribed above.
Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF MONTGOMERY This instrument was acknowledged before me on the ss day of i, 200, By , known to me to be the person whose name is subscribed above.
Notary Public im and for the State of Texas 723-00-0130 en Kp. “TR NOCEG Uo JUN 13 PM 2°37 MARK TURN .co.
MONTGOME EOUNT Y. FEXAS _DEPUTY