Midland County Clerk Unofficial Copy VOL 10 AGE 424 DECLAR County Clerk Unofficial Copy TION LONE OAK TOWNE HOMES HOMEOWNERS ASSOCIATION, INC.
STATE OF TEXAS.
) COUNTY OF MIDLAND ) Midland County Cler Midland County, WHERE WITNESSETH: Declarationficirant is the owner of the real property described cause I of this is desirous of subjecting the real property Clause I to the restrictions, covenants, reservations, easements, liens and charges eſehich is and are for the benefit of said property and for each benefit of and pass with said property, and each and every par the successors in interest, and any owner thereof; NOW, THEREFORE, Lone set forth, each and all thereof, and shall apply to and bind declares that the real property desand Counter thereof, and shall inure to the Ane Homes Homeowners Association, Inc. hereby I and referred to in Clause I hereof is, and shall be, held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations, easements, liens and charges hereinafter set forth.
Definition of Terms Unit or Building Site shall mean any lot, or portion thereof, or any two or more contiguous lots, or a parcel of land of record and in a single ownership and upon which a dwelling may be erected in conformance with the requirements of these Covenants.
Association shall refer to the Home Association of the any extension thereof as herein provided.
Midland County Clerk Unotation shall mean the Loan Oak Towne Homes ] Copy Cheowners Association, Inc.
Wird and County Property I to This Declaration covered by these Covenants or The real property which is, and shall be, held and shall be conveyed, transferred and sold subject to the conditions, restrictions, covenants, reservations, easements, liens and charges with
enants or The real property which is, and shall be, held and shall be conveyed, transferred and sold subject to the conditions, restrictions, covenants, reservations, easements, liens and charges with respect to the various portions thereof set forth in the various clauses and subdivisions of this Declaration is located in the County of Midland, State of Texas and is more particularly described in Attachment "A" and generally consists of residential lots or "units".
Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler" VOL 3 AGE 425 Midland County Clerk Unofheial Copy Midland County Clerk Unofficial Copy The real property which is to "Common Areas" is generally described as follows: 2.
1.
eld by the Association and hereinafter referred to Midland County Cler All of the streets and alleyways, including Cisco Street, Ranger Street, the private alleys; The westernmost ten (10) feet of Blocks 8, 9 and 10, and the easternmost ten (10) feet of Blocks 9 and 10; 3.
All fences; 4.
I street lights.
Midland County Clerk Unofficial Cop property other than that described above shall less and until specifically made subject thereto.
hereto.
Midland County Clerk Unofficial Copy The Declarant may, from time eemed subject to this Declaration fie, subject additional real property to the conditions restrictions, covenants, reservations, liens and charges herein set forth by appropriate reference Midland County Cler CLAUSE II General Purpose of Conditions The real property described in Clause I hereof is subjected to the covenants, restrictions,
harges herein set forth by appropriate reference Midland County Cler CLAUSE II General Purpose of Conditions The real property described in Clause I hereof is subjected to the covenants, restrictions, conditions, reservations, liens and charges hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof; to prote the owners of building sites depreciate the value of their against against such improper use of surrounding building sites as to preserve, so far as practicable, the natural bea property; to guard rection thereon of poorly designed or proportioned structures, and structures built of per or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best evelopment of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to preval haphazard and inharmonious improvement Midland County per of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement Midland County Cler in said property, and thereby to enhance the values of investments made by purchasers of building sites therein.
A.
CLAUSE III Conditions All building sites in the tract shall be known and described as residential building sites. No structures shall be erected, altered, placed, or permitted to remain on any building site other than one single-family dwelling not to exceed two and one-half stories garage for not more than three cars, guest house, servants' quarters, and other to residentiale of the premises.
Midland County Clerk Un Midland County Clerk Unofficial Copy any height, a private
ries garage for not more than three cars, guest house, servants' quarters, and other to residentiale of the premises.
Midland County Clerk Un Midland County Clerk Unofficial Copy any height, a private Midland County Clerk Unofficialbuildings incidental Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy B.
No building, improvement, VOL 3 AGE 426 Midland County Clerk Unofficial Copy placed, or altered on any premises in said development until the building plans, specifications, and Midland County Cler wall, driveway, or other structure shall be erected, plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the development, and as to location of the building with respect to topography and finished ground elevation, by an architectural committee composed of Richard Greth, Tom Garber, and Dene Kelly, or by a representative designated by a majority of the members of said committee. In the event of death or resignation of any member of said committee, the remaining member, or members, shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the such design event said committee, and location within designated representative, fails to approve or disapproves event, if no after said plans and specifications have been submit to it or, in any Midland Cou enjoin the erection of such building or the making of suial, Midland County this Covenant.
C.
to the completion thereof, such approval will not Ito have been fully complied with. Neither the Palterations has been equired and this Covenant
r the making of suial, Midland County this Covenant.
C.
to the completion thereof, such approval will not Ito have been fully complied with. Neither the Palterations has been equired and this Covenant 1 representative shall be entitled to any compensaters of such committee, nor its On corner lots, the minimum and street opposite the interior side yard) shall be ten feet (10').
for for services performed pursuant to yard adjacent to a public or private side street (the D. No complex of attached single family dwellings shall exceed four dwelling units in length. A minimum required side yard of five feet (5') shall be provided at the end of each single family attached dwelling complex so that the end of any two adjacent building complexes shall be at least ten feet (10') apart. Building permits for all dwellings in a complex of attached dwellings shall be obtained simultaneously and side yards provided at each end.
E.
There setback is shown be no minimum rear yard required, except where a site plan.
Crock Unofficial Coby I.
Strofficial minimum 1 rear yard han four feet (4') along all There shall be a front building setback line of not streets where a side building setback is not required.
G.
H.
The minimum area of each lot shall be The minimum width of each and County Clerk square feet.
shall be 25 feet.
Lots adjacent to Andrews Highway (State Highway 158) shall not have driveway access to said street. No garages may be constructed adjacent to any streets (public or private) except where such garages are shown and marked "G" in the physical plan for each block where typical plans are shown. No driveway access to the side of any lot shall be permitted.
J.
K.
nor shall The maximum coverage of buildings on any lot shall be 90% of the area of said lot.
No noxious
ere typical plans are shown. No driveway access to the side of any lot shall be permitted.
J.
K.
nor shall The maximum coverage of buildings on any lot shall be 90% of the area of said lot.
No noxious neighbor anything & Midland County Clerk U or offensive trade or activity shall be carried on upon done thereon which may be or become an nuisance to the Midland County Clerk hoyance building site Midland County Cler Midland County Cler Midland County Cler i Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" VOL PAGE 427.
Midland County Clerk Unofficial Copy L.
County Clerk Unofficial Copy No trailer, basement, tent, shack Midland County Cler , barn, or other outbuilding other than guest houses and servants' quarters erected on a site covered by these Covenants shall at any be used for human habitation temporally or permanently, nor shall any structure of a temporary time character be used for human habitation.
The keeping of a mobile home or travel trailer, either with or without wheels, on any parcel of property covered by these Covenants is prohibited. A motor boat, house boat or other similar water borne vehicle may be maintained, stored, or kept on any parcel of property covered by these Covenants only if housed completely within a structure which has been architecturally approved by provisions of paragraph B hereof.
M. No: covenants, the than 1,200 of a Cesidential structure shall be permitted on any bunday Midland County Clerk Untable floor area of which, exclusive of basements, Į N.
e covered by these and garages, is less bare feet in the case of a one-story structure or less than 2,000 square feet in the case and one-half, two, or two and one-half story structure No animals, livestock or poultry of any kinty Clerk'
ss bare feet in the case of a one-story structure or less than 2,000 square feet in the case and one-half, two, or two and one-half story structure No animals, livestock or poultry of any kinty Clerk' lot in the addition, except that dogs, cats or other kept, bred or maintained for any commercial shall ever be raised, bred or kept on any Titlehold pets may be kept provided they are not that is offensive or noxious to the enjoyment of any adjoining properties.
and so long as they do not create a condition 0. No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum building setback line established herein except upon prior approval by the architectural committee as provided in Section B.
P. Oil drilling, oil development operations; refining, mining operations of any kind, or quarrying shall not be permitted upon or in any of the building sites in the tract described herein, nor shall oil wells, tanks, mineral excavations or shafts be permitted upon building sites covered cherinofficialese Covenants.
one ao Midland County The owner of each building site to which these Covenofficial Copy any of the apply shall be entitled to ership in the Association and to participate in the operation of the Association in dance with the bylaws of the said Association filed prior approval of the architectural committerewith.
R. No change in the color of steel S.
of the architectural committee as provided herein.
T.
or other siding shall be permitted except on herein.
No change in the color or quality of a roof shall be permitted except on prior approval No change in the grade or slope of the ground shall be permitted except on prior approval of the architectural committee as provided herein.
U.
ty of a roof shall be permitted except on prior approval No change in the grade or slope of the ground shall be permitted except on prior approval of the architectural committee as provided herein.
U.
No canopies, awnings, or any other similar overhang shall be permitted except on prior approval of the architectural committee as provided herein.
Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Clerk Unofficial Copy V.
No storm doors or screens VOL PAGE 428 County Clerk Unofficial Copy buildings except on prior approval of the dla or door) shall be permitted on any of the W.
committee as provided herein.
No ancillary lighting, Christmas lights, or other temporary and non-permanent lighting shall be allowed to be in place for more than sixty (60) days, except on approval of the architectural committee as provided herein. For the purposes of this provision, Christmas or other holiday lighting shall be allowed to be placed on the property on December 1st of each calendar year and removed on or before the following January 31st.
all times of X. Each owner of a lot or building site shall cut the grass and weeds on his land as often as necessary to maintain same in a neat and attractive condition, and shall keen land free at regular age, and debris, except for that placed in closed s Clerk services. No such material shall be burned.
Unitary containers awaiting No lot or building site shall be used for the age of any material except that Midland Counequired for landscaping or the construction of a more than 30 days.
all be burned.
Unitary containers awaiting No lot or building site shall be used for the age of any material except that Midland Counequired for landscaping or the construction of a more than 30 days.
or removed within a reasonable length of time authorized buildings, which material shall be used Z.
Midland placed on the premises, and in no event No sign, advertisement, billboard, or advertising structure of any kind shall be placed on any lot or building site without the written consent of the Association.
AA. No radio or television aerial, pole, structure, or device which will protect more than ten (10) feet above the uppermost roof line of the main residence shall be erected on any lot or building site, or attached to any of the improvements thereon, without the written consent of the Association.
BB. Landscaping installed in flower beds by the corporation or: the Association harmony No choice be maintained by the Unit owners to preserve the c Tandscaping with all other landscaping of the property st ect to this Declaration.
conformity, and Midland County Conformity or harmony with existing landscaping will be pertitted, except on prior approval of the type of landscaping, extent of landscaping, or main sequer installed by he architectural committee as provided herein.
CC. No privy, cesspool, septic County of the landscaping out be permitted on any lot or building site, ex another individual sewerage disposal system shall that temporary facilities approved by the Association may be used by workmen during the construction of improvements on the lot or building site.
DD. If the owner of any lot or building site fails to abide by any of the foregoing restrictions, stipulations, obligations and if such failure or default continues uncured for ten (10)
building site.
DD. If the owner of any lot or building site fails to abide by any of the foregoing restrictions, stipulations, obligations and if such failure or default continues uncured for ten (10) days after written notice thereof is mailed to the owner of the lot or building site at his last known address, the Association, or its agent(s), may go upon such lot or building site and correct the default. The Association shall not be guilty of any manner of trespass or liable to the land owner interest at the: in any respect as a result thereof, and the land owner shall be obligated to reimburse said Association for all expenses percent (10%) per annum from the date such work Midland County Clerk Unoffit in performing such work, and the amount to be reimbursed shall bear Midland County Clerk Unofficial Copy I or caused Midland County Clerk UnofficiaNormed c Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler VOL 3 Copy to be performed by the Association until, Midland County Clerk UnofficPAGE 429 charge hereinafter provided for.
I County Clerk Unofficial Copy and shall be secured by a lien against ciation is reimbursed by the land owner therefor,, E or building site in the same manner as the maintenan Midland County Cler' EE. The City of Midland, Texas Utilities Department is hereby granted general public utility easements in and over all private streets and alleys to be used by the City and those franchised by the City to provide utility services, for the maintenance of sewer lines, water lines, and for refuse collection, and in addition thereto the City of Midland, Texas shall have access to Lone Oak
ed by the City to provide utility services, for the maintenance of sewer lines, water lines, and for refuse collection, and in addition thereto the City of Midland, Texas shall have access to Lone Oak Townhomes for purposes of providing police and fire protection and other emergency services. All owners of land in Lone Oak Townhomes are also hereby granted the right of access on, over and across all private alleys and common area of Lone Oak Townhomes ak Townhomes.
affecting Copy Hese Covenants are to run with the land and shall be Midland County thing under them until June 1, 2019 (twenty-five year p Midland County be automatically extended for successive periods of the then owners of the building sites covered Covenants in whole or in part.
and seal this 7th day of Inc.
Emark Unofficial Copy on the plat I on all parties and all persons d), at which time said Covenants shall (10) years unless by vote of a majority of these Covenants it is agreed to change said Midland Coty b In Witness Whereof, the undersigned, being the Declarant herein, has hereunto set his hand une 1994.
Jone Unofficial Copy OF TEXAS COUNTY OF MIDLAND Declarant - Richard Greth, President Lone Oak Towne Homes Homeowners Association, s acknowledge County Clerk Unofficial Copy This instrument was lland Towne Homes Homeowners Association, Inc.
STARY FIRMS MATE OF TEXAS CAROL A. WHITMORE Notary Public STATE OF TEXAS My Comm. Exp. AUG. 30. 1994 me on by Richard Greth as President of Lone Oak Carol A. Whitmore Notary Public, State of Texas Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy
fficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Tract One A VOL PAGE 430 Midland County Clerk Unofficial Copy CHMENT "A" Being a 3.014 acre tract of land, being ALL OF BLOCKS NINE (9), TEN (10) AND ELEVEN (11), CORRECTION PLAT OF FRANCIS ADDITION II, an addition to the City of Midland, Midland County, Texas, according to the map or plat thereof recorded in Cabinet C, Page 4 of the Plat Records of Midland County, Texas, and being fully described by metes and bounds as follows, towit: BEGINNING Francis Adcach iron rod located at the southeast corner r of Block Cction Plat of III as recorded in Cabinet C, Page 4 of the Midland Grafity Plat Records and the southwest corner of Lot 1, Block 11, Sunset Acres, Section 6, veland County Plat Records and being out of Tract No. 11 eded in Cabinet F, Page 41, Midland County C Page 138, Midland County Plat Records, for the southeast corner of said Tract No. 11, bears N.
74° 42' 46" E. 343.92 feet and S. 15° 23" E. 26, 711; Acres, as recorded in Cabinet THENCE S. 74° 42' 46" W. along the can boundary of said Block 11, and the northern boundary of Andrews Highway, 323.25 feet to a 1/2-inch iron rod for the southwest corner of this tract; THENCE N. 15° 00' E. along the eastern boundary of Godfrey Street, 409.04 feet to a 60d nail in pavement in the southern boundary of Boyd Avenue for the northwest corner of this tract; THENCE N. 75° 00' E. along the southern boundary of Boyd Avenue, 319.96 feet to a 60d nail in pavement for the northeast corner of this tract; THENCE S.
Office Copy Addition II place of '46" E. along the western boundary of Block 8,
outhern boundary of Boyd Avenue, 319.96 feet to a 60d nail in pavement for the northeast corner of this tract; THENCE S.
Office Copy Addition II place of '46" E. along the western boundary of Block 8, western boundary of Lot 1, Block 11, Sunset Acres, AVE AND EXCEPT: All oil, gas and other Midland County Clerk ginning and containing 3.014 acres of land.
Clerk Copy Plat of Francis tion 6, 407.43 feet to the from said land, and the rights of the owners minehereto as reserved in Warranty Deed from under and which may be produced James Kenneth Francis et al to Harold Shull dated February 5, 1975, recorded in Volume 591, Page 355, Deed Records, Midland County, SUBJECT TO: Right-of-Way from Harold B. Shull to Texas Electric Service Company dated August 3, 1978, recorded in Volume 652, Page 507, Deed Records, Midland County, Texas SUBJECT TO: Public Easement from Jerry W. Alb, Trustee to The Public dated June 28, 1962, recorded in Volume 749, Page 9, Deed Records, Midland County, Texas.
SUBJECT TO: Easement from Interstate Equities, Inc. to Texas Electric Service Company dated April 30, 1982, recorded in Volume 753, Page 343, Deed Records, Midland Cour Midland County Clerk Unoffici Midland County Clerk Unofficial Texas Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" VOL PAGE 431 Midland County Clerk Unofficial Copy SUBJECT TO: Distribution Easement and County Clerk Unofficial Copy Service Company dated December Midland County, Texas.
Right-of-Way from J. Y. Francis et ux to Texas Electrialand County Cler' 1965, recorded in Volume 465, Page 196, Deed Records of
k Unofficial Copy Service Company dated December Midland County, Texas.
Right-of-Way from J. Y. Francis et ux to Texas Electrialand County Cler' 1965, recorded in Volume 465, Page 196, Deed Records of SUBJECT TO: All set back lines delineated on the plat recorded in Cabinet C, Page 4 of the Plat Records of Midland County, Texas.
described SUBJECT TO: Rights of parties in possession under any unrecorded, written or oral lease agreements and/or tenancies by and between the present owner and/or their predecessors in title as lessor and/or landlord and unknown persons as lessees and/or tenants covering any of the herein Suofficia Midland County Clerk TO: Restrictions as recorded in Volume 503, Pag Midland County, Texas.
Tract Two K³Unofficial Being ALL OF LOT EIGHT (8) Midland County Clerk and 641 of the Deed Records Midland County Cler ND 37 FT. WIDE STRIP BETWEEN BLOCKS 8 CORRECTION PLAT OF FRANCIS ADDITION II, an addition to the City of Midland, Midland County, Texas, according to the map or plat thereof recorded in Cabinet C, Page 4 of the Plat Records of Midland County, Texas.
SAVE AND EXCEPT: All oil, gas and other minerals in, under and which may be produced from said land and the rights of the owners incident thereto as reserved in Warranty Deed from James Kenneth Francis et al to Harold Shull dated February 5, 1975, recorded in Volume 591, Page 355 of the Deed Records of Midland County, Texas.
SUBJEC Midland County Clerk Service Company dated 1978, recorded in Volume 652, Page 507 of the Deck Records, Midland County, Texas.
O: Right-of-Way from Harold B. Shull to Texas Feial Copy SUBJECT TO: Public Easement by Jerry W. All CS to The Public dated June 28, 1952, recorded in Volume 749, Page 9, Deed Record SUBJECT TO: Easement from Inter and Midland County, Texas.
exas Feial Copy SUBJECT TO: Public Easement by Jerry W. All CS to The Public dated June 28, 1952, recorded in Volume 749, Page 9, Deed Record SUBJECT TO: Easement from Inter and Midland County, Texas.
April 30, 1982, recorded in Volume 753, Page 343 of the Deed Records of Midland County, Texas.
Equities, Inc. to Texas Electric Service Company datedland County Cler SUBJECT TO: Distribution Easement and Right-of-Way from J. Y. Francis et ux to Texas Electric Service company dated December 13, 1965, recorded in Volume 464, Page 196 of the Deed Records of Midland County, Texas.
SUBJECT TO: All setback lines delineated on the plat recorded in Cabinet C, Page 4 of the Plat Records of Midland County, Texas.
SUBJECT TO.Ctions & of Midland Co Midland County Clerk County, Texas.
Yed for Record on the 8 Duly Recorded this the INSTRUMENT NO.
10850 i Midland County Clerk Unofficial Copy 8 as recorded in Volume 503, Pages 551 and of the Deed Records Midland County Clerk UnofficialCopy day of day of Le _A.D. 1994, at 10:07 o'clock M.
A.D.19 94 at 10:050 'clock ROSENELLE CHERRY, COUNTY CLERK MIDLAND COUNTY, TEXAS By Abbey Tedrick.
Midland County Clerk Unofficial Copy Midland County Cler Deputy Midland County Cler