Document · Lone Oak Towne Homes Homeowners

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Midland County Clerk Unofficial Copy VOL 3 11450 k Unofficial CoAGE 432 AMENDED DECLARION LONE OAK TOWNE HOMESVOMEOWNERS ASSOCIATION, INC.

STATE OF TEXAS COUNTY OF MIDLAND Midland County Cler Midland County restrictions, co WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Clause I of this Declaration, and Ostrous of subjecting the real property described in said Cause I to the of which raints, reservations, easements, liens and charges and are for the benefit of said property and for each pass of and with said property, and each and every parcel successors in interest, and any owner thereof; and shall inure to the and shall apply to and bind NOW, THEREFORE, Lone Oak Towne & aftenset forth, each and all Homeowners Association, Inc. hereby declares that the real property described in 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.

Corporation I mean the Loan Oak Towne Homes Homeowners Assocation, Inc.

ciation shall refer to the Home Association of the tract ce Midland County alt thereof as herein provided.

Property CLAUSE Clerk Urfofficial The real property which is "bject to This Declaration red by these Covenants or Midland County Cler d sold Midland County Cler hall be, held and shall be conveyed, transferred and subject to the conditions, restrictions, covenants, reservations, easements, liens and charges with

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Midland County Cler d sold Midland County Cler hall be, held and shall be conveyed, transferred and 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 Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler VOL 3 Midland County Clerk Unofficial GE 433 The real property which is to be held by "Common Areas" is generally described as follow 2.

All of the streets and alleys; Clerk Unofficial Cop Association and hereinafter referred to as Midland f County yways, including Cisco Street, Ranger Street, the privat Midland County Cler 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.

All street lights.

No unless and other than that described above shall be deemed specifically made subject thereto.

Midland County Clerk Undo Copy The Declarant may, from time to time, restrictions, covenants, reservations, liens and hereto.

Clerk Unofficial Copy ect to this Declaration Midlanditional real property to the conditions, orges herein set forth by appropriate reference 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

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 protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection 1 improper or Coon of poorly designed or proportioned structures, and Qructures built of Hieial I property; to encourage and secure the erection of attractive homes thereon, with the highest and best Yocations thereof on building sites; to prevent haphazard and inharmonious improvement between structures; and in general to provide 30 suitable materials; to obtain harmonious color schemes; to j Midland Countyding sites; to secure and maintain proper setbacks from streets, and adequate free spaces Mira high type and quality of improvement in said property, and thereby to enhance the sites therein.

CLAUSE III investments made by purchasers of building Party Walls and Fences A. General Rules of Law to Apply. Each wall which is built as part of the original construction on the building sites upon the Property and placed on the dividing line between the units shall constitute a party wall, and to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of the liability for property damage due to negligent or willful acts or omissions shall apply thereto.

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due to negligent or willful acts or omissions shall apply thereto.

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VOL 3 Sharing of Repair and Maintenance. The of a party wall share be shared by the owners who C.

Midland Ca Clerk Unofficial COGE 434 reasonable repair and maintenance use of the wall in proportion to such Construction by Fire or Other Casualty. If a party wall is destroyed or damaged by Midland County Cler' fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the rights of any such owners to call for a larger contribution from the others under any rule of law regarding liability or negligent or willful acts or omissions.

by his negligent or whole cost of Weatherproofing. Notwithstanding any other provision of this clause, an owner who, act, causes the party wall to be exposed to the elements shall bear the any necessary protection against such elements.

Midland County Clerk Unofficial Coby Right to Contributions Runs With Land. The rights onofficial any other owner under this clause shall be appurtenanet the land and shall pass to such Sowner's successor-in-title.

F. Arbitration. In the event of County owners due contribution the provisions of this clause, each party dispute arising concerning the party wall or under select one arbitrator and such arbitrator shall choose

tion. In the event of County owners due contribution the provisions of this clause, each party dispute arising concerning the party wall or under select one arbitrator and such arbitrator shall choose one additional arbitrator, and the decision of the majority of all the arbitrators shall be final and conclusive of the question involved.

Fences. Fences between lots shall be treated as if they are party walls, and the foregoing sections shall be applicable thereto.

CLAUSE IV Exterior Maintenance of Lots, Building Sites and Residences Theron Assocnofficial C Exterior Maintenance. In addition to maintenance uper à shall, at the request of the owner, provide exterior official Common Areas, the Midland County Bding site, or dwelling unit which is subject to assessment under this clause as follows: paint, upon each lot, unit, repair, replace, and care for the roofs, gutters, downspout exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements.

Payment of Costs. The diland Midland County Cler Midland County Cler maintenance of the lots, building sites, or dwelling units shall be requested by the owner in writing. If the Board of Directors of the Association requires, the owner shall execute and deliver a contract, a promissory note, and such other instruments as are, in the opinion of the Board or its attorneys, reasonable and necessary to fix a mechanics and materialmen's lien against the owner's lot, building site or dwelling unit prior to the time that any of the work is done. The note shall be payable as directed by the Board or as part of the assessment or charges provided herein.

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by the Board or as part of the assessment or charges provided herein.

Assessment of Costs. The Board the annual assessment against each lot, required hereunder, may add thereto the Clerk Unofficial Copy but shall thereafter make such adjust uildtors of the Association, when establishing thereof.

or dwelling unit in any assessment year as 1 costs of the exterior maintenance for that year idland County Cler' with the owner as is necessary to reflect the actual costs A.

CLAUSE V 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 other than one garage for not ma to residentiaamily dwelling not to exceed two and one-half s than three cars, guest house, servants' of the premises.

quarters, and building site height, a private placed, or altered on any premises in said developerk Unoffs incidental Midland County Clerk B.

No building, improvement, fence, wall, or other structure shall be erected, the building plans, specifications, and plot plan showing the location of such building been approved in writing as to conformity and harmony of external design with existing dractures in the development, and as to location of the building with respect to topography and unished 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

f 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 event said committee, or its designated representative, fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it or, in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this Covenant I will be deemed to have been fully complied with. Neither the members of s designated this Coven presentative shall be entitled to any compensation for s pursuant to Clerk tee, nor its On corner lots, the minimum side yard street opposite the interior side yard) shall be ten feet Midland County Clerk D.

to a public or private side street (the No complex of attached singloamily dwellings shall exceed four dwelling units in length. A minimum required side yard affive 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.

There shall be no minimum rear yard required, except where a minimum rear yard setback is shown on the site plan.

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m rear yard required, except where a minimum rear yard setback is shown on the site plan.

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There shall be a front building setback VOL ૩.

y Clerk Unofficial AGE 436 private streets where a side building setback is not required.

The minimum area of eadland H.

of not less than four feet (4') along all I shall be 2400 square feet.

The minimum width of each lot 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.

Unofficial Copy Clerk, No noxious or offensive trade or activity shall be carrificial Coprea of said lot.

Non upon any building site all anything be done thereon which may be or become a annoyance or nuisance to the Midland County Maximum coverage of buildings on any lot shall be 90% of th L.

and County Clerk No trailer, basement, tent, shack houses and servants' quarters erected on a l ge, barn, or other outbuilding other than guest site covered by these Covenants shall at any time Midland County Cler be used for human habitation temporally or permanently, nor shall any structure of a temporaryidland County Cler" character be used for human habitation.

The keeping of a mobile home or travel trailer, either with or without wheels, on any parcel

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manently, nor shall any structure of a temporaryidland County Cler" 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.

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residential structure shall be permitted on any building site sible floor area of which, exclusive of basements, 1 square feet in the case of a one-story structure or less * one and one-half, two, or two and one-half story structure cop covered by these Midland County Clerk N.

No animals, livestock or poultry of: lot in the addition, except that dogs, cats or and garages, is less square feet in the case shall ever be raised, bred or kept on any othe Conpets may be kept provided they are not kept, bred or maintained for any commercial purposes and so long as they do not create a condition that is offensive or noxious to the enjoyment of any adjoining properties.

Midland County Cler 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.

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 Cler VOL 3 Midland County Clerk Unofficial GE 437 Midland County P.

Oil drilling, oil development quarrying shall not be permitted upon or in any

Midland County Cler Midland County Cler Midland County Cler VOL 3 Midland County Clerk Unofficial GE 437 Midland County P.

Oil drilling, oil development quarrying shall not be permitted upon or in any shall oil wells, tanks, tunnels, mineral building sites covered by these Covenanty Clerk Unofficial Copy Q.

refining, mining operations of any kind, or building sites in the tract described herein, nor or shafts be permitted upon or in any of the The owner of each building site to which these Covenants apply shall be a member in the Association, obligated to pay the assessments of the Association, and entitled to participate in the operation of the Association in accordance with the bylaws of the said Association filed herewith.

R. No change in the color of steel siding or other siding shall be permitted except on prior approval of the Uffofficial Coshitectural committee as provided herein.

of the arc T.

change in the color or quality of a roof shall be permittficial Copy ectural committee as provided herein.

No change in the grade or slope of the approval of the architectural committee as U. No canopies, awnings, or Clerk xcept on prior approval s provided sound shall be permitted except on prior Rider similar overhang shall be permitted except on prior approval of the architectural committee as provided herein.

No storm doors or screens (either window or door) shall be permitted on any of the buildings except on prior approval of the architectural committee as provided herein.

W. 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

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ent 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 off and removed on or as necessary to maintain the same in a neat and attractive grass inofficial Unofficial are the following January 31st.

Each owner of a lot or building site shall cut the CO calendar y year weeds on his land as often and shall keep his land free at regular garbage pick-up services. No such material in closed sanitary containers awaiting Midland County times of trash, garbage, and debris, except for that p Y.

No lot or building site stand be burned.

be used for the storage of any material except that required for landscaping or the construction of authorized buildings, which material shall be used or removed within a reasonable length of time after it is placed on the premises, and in no event more than 30 days.

on any lot or No sign, advertisement, billboard, or advertising structure of any kind shall be placed building site without the written consent of the Association.

VOL No radio or television aerial, pole, structure Clerk Unofficial Copy PAGE 438 Midland County Cler 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

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 subsequently installed by the Association shall be maintained by the Unit owners to preserve the continuity, conformity, and harmony of the landscaping with all other landscaping of the property subject to this Declaration.

No change in the type of landscaping, extent of landscaping, or maintenance of the landscaping out of conformity or harmony with existing landscaping will be permitted, except on prior approval of the architectural committee as provided herein.

CC.

be permitted on may be us Midland County Cler No Copy Scesspool, septic tank, or other individual sewerage lot or building site, except that temporary facilities approve system shall workmen during the construction of improvements the Association hot or building site.

DD. If the owner of any lot or building site fai abide by any of the foregoing restrictions, stipulations, obligations and if such days after written notice thereof is mailed to the default continues uncured for ten (10) address, or of the lot or building site at his last known default. The Association of its agents(s) ago upon such lot or building site and correct the in any respect as a result thereof, and the land owner shall be obligated to reimburse said Association Midland County Cler" of any manner of trespass or liable to the land owner.

for all expenses incurred by it in performing such work, and the amount to be reimbursed shall bear interest at the rate of ten percent (10%) per annum from the date such work is performed or caused

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for all expenses incurred by it in performing such work, and the amount to be reimbursed shall bear interest at the rate of ten percent (10%) per annum from the date such work is performed or caused to be performed by the Association until the Association is reimbursed by the land owner therefor, and shall be secured by a lien against the lot or building site in the same manner as the maintenance charge hereinafter provided for.

EE.

by the City to The City of Midland, Texas Utilities Department is hereby granted general public utility easements in are Over all private streets and alleys to be used by the City Iollection office utility services, for the maintenance of sewer lines, water se franchised for purposes of providing police and fire protection avetica and in addition thereto the City of Midland, Texas shall and for refuse to Lone Oak Towne ther emergency services. All Midland County Owners of land in Lone Oak Townhomes are also hereby exerted the right of access on, over and across all private streets, alleys and common area of L affecting Lone Oak Townhomes.

Midland County CLAUSE VI Oak Townhomes as depicted on the plat Membership and Voting Rights A. Every owner of a lot which is subject to assessment shall be a member of this Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment.

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 VOL PAGE 439 Midland County Clerk Unofficial Copy A.

Covenant for Maintenance Clerk Unofficial Copy CLAUSE Creation of the Lien and land?

Assessment Obligation of Assessments. The Declarant for each

r VOL PAGE 439 Midland County Clerk Unofficial Copy A.

Covenant for Maintenance Clerk Unofficial Copy CLAUSE Creation of the Lien and land?

Assessment Obligation of Assessments. The Declarant for each lot owned within the property hereby covenants, and each owner of any lot by acceptance of a deed thereof , whether or not it shall be so expressed in such deed, is deemed a covenant and agrees to pay the Association: (1) annual assessment or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as provided by the bylaws of the Association. The annual and special assessment and charges, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien on the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who is the owner of such prono at the time when the assessments fell due. The personal obligation for delinquent such successments shall not pass to an owner's successor-in-title uple Midland County Cler Midland County B.

Purpose of Assessments. The assessments Clerk Unoffiexpressly assumed by exclusively as provided in the Declaration or the health, safety and welfare of the residences maintenance of the Common Areas.

I by the Association shall be used properties, and for the improvement and Midland Yan's of the Association and to promote the C. Payment and Notice of Assessments. Annual dues shall be the obligation of each unit owner. The annual dues shall be in the initial amount of $300 per year per unit (excluding any unimproved units or units upon which homes or other improvements are under construction) and

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of each unit owner. The annual dues shall be in the initial amount of $300 per year per unit (excluding any unimproved units or units upon which homes or other improvements are under construction) and shall be payable on a yearly basis with payments to be due and payable on or before January 1st of each calendar year; or the owners may pay two equal semi-annual payments, the first being due on or before January 1st of each calendar year and the second payment being due on or before the following June 1st. In the event a unit owner sells the unit, each subsequent unit owner shall continue to make the next regularly scheduled assessment payment, whether it be payment or two D improveoffici-annual payments.

Assessments for Capital Improvements.

shall be established and collected as provided in assessments for capital bylaws of the Association.

Clerk Unofficial Copy single annual Effect of Non-Payment of Assessmentntr Remedies of the Association. Any assessment not paid within 30 days after the due date Ghall bear interest from the due date at the rate of six percent (6%) per annum. The Association don may bring an action at law against the owner personally obligated to pay the same, onoreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Area or abandonment of his unit.

VOL 3 CLAUSE VITRY General Prosions Enforcement. The AssociaMidland Clerk Unofficial GE 440

official Copy Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County A.

VOL 3 CLAUSE VITRY General Prosions Enforcement. The AssociaMidland Clerk Unofficial GE 440 For any other owner shall have the right to enforce by proceedings at law or in equity, all restrictions, covenants, conditions, reservations, liens or charges now or hereinafter imposed by the provision of the Declaration or the bylaws or any amendment thereto, including the right to prevent the violation of any restrictions, conditions, or covenants and the right to recover damages or other dues or assessments for such violation. With respect to architectural control, assessments or other liens or charges determined by the Association, the Association shall have the exclusive right to enforcement thereof.

actions to occasion B. No Waiver. Failure by the Association or any member to enforce any of the provisions of these s ws or the rights or obligations created thereby, not be deemed a waiver of such right nor a waiver of long as there exists no other legal or equitable time Clerk Unot assessments provided for herein, in any certain or in any particular ✓ht to enforce any future for enforcement.

Midland County Clerk including but limited to C. Severability. Invalidation of any one restrictions by judgment or court order shall in remain in full force and effect.

portion of these bylaws, conditions or way affect any other provisions which shall D. Amendment. The covenants and restrictions of this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them until June 1, 2019 (25year period), at which time such covenants and restrictions shall be automatically extended for

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the land and shall be binding on all parties and all persons claiming under them until June 1, 2019 (25year period), at which time such covenants and restrictions shall be automatically extended for successive periods of ten years unless, by a vote of the majority of the owners of the building sites covered by these covenants and restrictions, it is agreed to change such covenants in whole or in part. This Declaration may be amended during the first 20-year period by an instrument signed by not less than 90% of the unit owners (including units owned by the developer, Architectural Contractors Co., Inc.).

Midland County Clerk official Copy ny amendment must be recorded.

and this tness Whereof, the undersigned, being the Declarant 16 day of JUNE 1994.

Has hereunto set his hand Deck County Clerk ficial Copy Richard Greth, President Oak Towne Homes Homeowners Association, Inc.

Midland County Cler 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 VOL Midland County Clerk Unofficial Copy STATE OF TEXAS COUNTY OF MIDLAND PAGE 441 Midland County Clerk Unofficial Copy Midland County Cler This instrument was acknowledged before me on by Richard Greth as President of Lone Oak Towne Homes Homeowners Association, Inc.

NOTARY STATE OF PUBLIC RANDY D. PITTMAN Notary Public State of Texas Commission Expires 11-18-96 Midland County Clerk Unofficial Copy Filed for Record on the 16 day Duly Recorded this the 16 day of INSTRUMENT NO.

11450 Midland County Clerk Unofficial Copy Panda Pettron Notary Public State of Texas Midland County Clerk Unofficial Copy June of June Midland County Cler KRM.

he 16 day of INSTRUMENT NO.

11450 Midland County Clerk Unofficial Copy Panda Pettron Notary Public State of Texas Midland County Clerk Unofficial Copy June of June Midland County Cler KRM.

_A.D. 1994, at 12:10 o'clock ROSENELLE CHERRY, COUNTY CLERK By MIDLAND COUNTY, TEXAS • El Monty, Deputy 1 Chauth Midland County Clerk Unofficial Copy 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