REce@ADED Yo). BUG , Pa- 237 PARK ROAD J.V. INC., DEVELOPER, TO THE PUBLIC DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, ASSESSMENTS, RESERVATIONS AND CONDITIONS RE SCENIC HARBOUR ESTATES, UNIT SIX THE STATE OF TEXAS § RNOW ALL MEN BY THESE PRESENTS: § COUNTY OF BANDERA § WHEREAS, PARK ROAD J.V. INC., A Texas Corporation and the Successor to Park Road Joint Venture, is the owner of all property in Scenic Harbour Estates, Unit Six, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6 j Page 199 : Map and Plat Records of Bandera County, Texas, said property being hereinafter referred to as "Unit Six"; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations, assessments, and conditions applicable to and for the benefit of all property in Scenic Harbour Estates, Unit One, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6, Pages 74-75, Map and Plat Records of Bandera County, Texas, said adoption being evidenced by a Declaration recorded in Volume 2ad; Page 793, Deed Records of Bandera County, Texas; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations, assessments, and conditions applicable to and for the benefit of all property in Scenic Harbour Estates, Unit Two, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6, Page 124, Map and Plat Records of Bandera County, Texas, said adoption being evidenced by a Declaration recorded in Volume 276, Page 486, Deed Records of Bandera County, Texas; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations,
ation recorded in Volume 276, Page 486, Deed Records of Bandera County, Texas; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations, assessments, and conditions applicable to and for the benefit of all property in Scenic Harbour Estates, Unit Three, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6, Pages 129, Map and Plat Records of Bandera County, Texas, said adoption being evidenced by a Declaration recorded in Volume 278, Page 512, Deed Records of Bandera County, Texas; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations, assessments, and conditions applicable to and for the benefit of all property in Scenic Harbour Estates, Unit Four, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6, Pages 169-170, Map and Plat Records ef Bandera County, Texas, said adoption being evidenced by a Declaration recorded in Volume 298, Page 313, Deed Records of Bandera County, Texas; and, WHEREAS, PARK ROAD JOINT VENTURE, did heretofore adopt a scheme of covenants, restrictions, easements, reservations, assessments, and conditions applicable to and for the benefit of all property in Scenic Harbour Estates, Unit Five, a Subdivision in Bandera County, Texas, the Plat of which is duly recorded in Volume 6, Pages 174-176, Map and Plat Records of Bandera County, Texas, said adoption being evidenced by a Declaration recorded in Volume 307, Page 190, Deed Records of Bandera County, Texas; and, WHEREAS, said Declarations place the property in Scenic Harbour Estates, Units One, Two, Three, Four and Five within the jurisdiction of Scenic Harbour Estates Property Owners Association,
Texas; and, WHEREAS, said Declarations place the property in Scenic Harbour Estates, Units One, Two, Three, Four and Five within the jurisdiction of Scenic Harbour Estates Property Owners Association, a Texas Non-Profit Corporation; and, WHEREAS, it is provided in said Declarations that certain additional properties may be annexed and brought within the jurisdiction of Scenic Harbour Estates Property Owners Association by action of the Board of Directors of said Association; and, WHEREAS, it is the desire of PARK ROAD J.V. INC. to extend to all property in Scenic Harbour Estates, Unit Six as above described, with slight modification, the aforesaid scheme of restrictive covenants, easements, assessments, reservations and conditions; and, WHEREAS, the annexation of the 7.709 acres of land in Scenic Harbour Estates, Unit Six, has been approved by more than twothirds (2/3rds) of each class of Members of the Association; and, WHEREAS, the Officers of said Association are joining in this Declaration for the purpose of evidencing said action by the Board of Directors and Membership of the Association: NOW, THEREFORE, PARK ROAD J.V. INC., hereby declares that all property in Scenic Harbour Estates, Unit Six, shall be held, sold conveyed, and used subject to the following Restrictive Covenants, Easements, Reservations, Assessments and conditions which shall run with the title to said land and be binding upon and inure the benefit of all parties now or hereafter having any right, title, or interest in and to said real property or any part thereof, to-wit: PARAGRAPH I.
Definitions Section 1. "Association" shall mean and refer to Scenic Harbour Estates Property Owners Association, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner,
efinitions Section 1. "Association" shall mean and refer to Scenic Harbour Estates Property Owners Association, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot forming a part of the Properties, including record owners who are selling their Lot or Lots under a Contract of Sale or Contract for Deed. Persons or entities holding only mortgages and/or Security Interests in any Lot or Lots, or improvements thereon, shall not be deemed Owners hereunder.
Section 3. "The Subdivision" shall mean and refer to Scenic Harbour Estates, Units One Two, Three, Four, Five and Six.
Section 4. "Properties" shall mean and refer to The Subdivision, hereinabove described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 5. “Common Area" shall mean all real property, including streets, owned by the Association for the common use and enjoyment of the Owners. Attached hereto as Exhibit "A" is a description of the common Area in Scenic Harbour Estates, Unit Six, to the owned by the Association at the time of the first conveyance of a lot in said Unit Six.
Section 6. “Lot" shall mean and refer to any plot of land shown upon and identified in a recorded Subdivision Map of any portion of the Properties, with the exception of property herein classified as Common Area.
Section 7. “Declarant” shall mean and refer to Park Road J.V., Inc., and its successors. In the event Park Road J.V., Inc.
should convey more than one undeveloped Lot to another party or entity for the purposes of resale, and said other party or entity may be designated a Declarant hereunder to the extent of the Lots
Inc.
should convey more than one undeveloped Lot to another party or entity for the purposes of resale, and said other party or entity may be designated a Declarant hereunder to the extent of the Lots so conveyed, said designation to be evidenced by the written designation of Park Road J.V., Ine. filed for record in the Official Public Records of Real Property of Bandera, County, Texas.
2 PARAGRAPH II.
COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS SSESSMENTS AND CONDITIONS APPLICABLE TO SCENIC HARBOUR ESTATES UNIT SIX as All Lots in The Subdivision shall be used solely for single family residential purposes. No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
2. No sign of any kind shall be displayed to public view on any Lot except one sign of not more than five square feet (5') advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
3. No main residential structure shall be permitted on any Lot in Unit Six the habitable floor area of which, exclusive of basements, porches, patios, Griveways and garages, is less than one thousand three hundred square feet (1,300'). No building material of any kind shall be placed or stored upon any Lot until the Owner is ready to begin construction and then such materials must be placed within the property lines of the Lot to be improved.
Subject to the provisions hereof relating to re-subdivision, no Lot shall contain more than one single family dwelling and such outbuildings as are incidental to residential use. Servants quarters or quest houses will be allowed, provided they are not built prior to construction of the main dwelling, and are not used for
uch outbuildings as are incidental to residential use. Servants quarters or quest houses will be allowed, provided they are not built prior to construction of the main dwelling, and are not used for commercial purposes. All such out-buildings, servants quarters, or guest houses, on a Lot shall be constructed behind the single family dwelling on said Lot.
4. All single family residences and other improvements constructed in The Subdivision shall be constructed in a good anda workmanlike manner with the use of new materials and in such a way as to present a neat and attractive appearance in the area thereof.
The exterior siding of any residence or other structure built on any Lot shall be either brick, stone, masonry, wood, plaster, or other material that has, in the judgement of the Board of Directors of the Association, or the Architectural Review Committee, the appearance of brick, stone, masonry, wood or plaster. Metal roofs installed on any improvement in The Subdivision must have the appearance of wood or tile and be free of highly light-reflective surfaces. Fascia matching the fascia of a main dwelling unit must be installed on any structure (such as a carport, garage, awning, patio cover, or porch) attached to said main dwelling unit.
5. All improvements on Lots in the Subdivision shall be maintained in such manner that their appearance shall not be detrimental in any respect to The Subdivision as a whole. All improvements shall be kept weatherproofed by painting or other effective method and shall not be allowed to deteriorate.
6. The entire exterior of all main dwellings, together with all driveways, sidewalks and other exterior appurtenances, shall be completed within nine (9) months after commencement of
d to deteriorate.
6. The entire exterior of all main dwellings, together with all driveways, sidewalks and other exterior appurtenances, shall be completed within nine (9) months after commencement of construction or the placing of any construction materials on the premises.
ihe No structure of a temporary character; trailer; bus; basement; tent; shack; barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. Detached servants quarters and/or a garage may be constructed on a Lot in The Subdivision provided same are built in conjunction with or after the construction of the main dwelling unit on said Lot, and said ancillary buildings shall be of generally the same character in quality and design as the main 3 dwelling unit. This restriction does not apply to temporary construction sheds maintained during construction of a main dwelling unit provided that same are not inhabited as living quarters.
8. All main dwelling units in the Subdivision shall be constructed on site and no mobile homes; prefabricated homes; or modular homes shall be moved to; assembled upon; or maintained upon any Lot of The Subdivision. No storage building or portable building on any kind shall be moved to any Lot in The Subdivision without the proper written approval of the Architectural Review Committee. Camper trailers, boat trailers, or other such recreational or hobby-type vehicles (excluding busses) may be maintained and stored on a lot in the Subdivision so long as same are not inhabited as living quarters. Not withstanding the foregoing, the Owner of a Lot in The Subdivision may, prior to the construction of a residence thereon, maintain anda occupy a recreational vehicle on said Lot, provided that such vehicle shall
ng the foregoing, the Owner of a Lot in The Subdivision may, prior to the construction of a residence thereon, maintain anda occupy a recreational vehicle on said Lot, provided that such vehicle shall not be hooked to or attached to any utilities and shall not be Maintained on a Lot for any period in excess of seven (7) days.
The storage of junked, abandoned, or wrecked items such as motor vehicles, boats, and other equipment or materials shall not be allowed on any Lot.
9. No vehicle, including trailer houses, mobile homes, motor homes, busses, boats, or other types of recreational vehicles may be parked on streets in The Subdivision for longer than four (4) successive hours.
10. SETBACK: No improvement (with the exception of fences, wells, and septic tanks) may be erected on any Lot in the Subdivision nearer tan twenty feet (20') to the front property line of said Lot nor nearer than ten feet (10') to the side and rear property lines of said Lot; provided, however, that nothing in this Paragraph shall be construed as prohibiting an Owner of two contiguous Lots from constructing a single dwelling unit for said two Lots in such manner that said dwelling unit crosses the common boundary line of said two Lots. The dwelling unit on a Lot shall face the street on which said Lot fronts unless otherwise approved in writing by the Architectural Review Committee.
11. SEWAGE: No outside toilet shall be installed or maintained on any Lot and all plumbing shall be connected with a sanitary sewer or septic tank approved by the State and local Departments of Health.
12. UNOBSTRUCTED DRAINAGE: Any obstruction by an Owner of the drainage area between his front property line and the abutting street must be approved by the Architectural Review Committee. The size of the pipe under
ED DRAINAGE: Any obstruction by an Owner of the drainage area between his front property line and the abutting street must be approved by the Architectural Review Committee. The size of the pipe under any driveway across said drainage area shall be determined by the Architectural Review Committee upon submission of the building plans and specifications. All Lots in The Subdivision have been platted in such manner as to provide a suitable residential construction site without obstructing natural drainage areas in and across the Lots in The Subdivision. No owner of a Lot in The Subdivision shall obstruct any natural drainage in and across his Lot.
13. FENCES: Any fence constructed on a Lot in The Subdivision within fifty feet (50') of the front property line of said Lot shall be constructed of painted board, redwood, cedar, brick, 4 > stone or chain link unless otherwise approved in writing by the Architectural Review Committee. Ranch style wire fencing will be permitted within the area of a Lot situated more than fifty feet (50') from the front property line. No temporary or electric fences will be permitted. All fences shall be constructed of quality materials and in a good and workmanlike manner. All fences must be approved by the Architectural Review Committee prior to construction.
14. MAILBOXES: Mailboxes for each residence in The Subdivision shall be constructed in accordance with the United States Postal Laws and Regulations.
is. OBSTRUCTIONS: No fence, wall, hedge or shrub planting which obstructs sight-lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 20 feet from the
6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 20 feet from the intersection of the street lines, or in the case of rounded corner, property lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of ~ street property line with the edge of the driveway. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height te prevent obstruction of such sight-lines.
16. LIGHTS : All exterior lighting in The Subdivison, including security or trouble lights, shall be installed in such manner as to avoid creating a horizontal exposure. All such exterior lighting shall be shielded in order to cast light upwards or downwards in a manner which will not create problems for neighboring Lots or the neighborhood generally.
17. OFFENSIVE ACTIVITY: No obnoxious or offensive act or activity shall be carried on upon any Lot in The Subdivision, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
is. GARBAGE AND REFUSE DISPOSAL: No Lot or other portion of The Subdivision shall be used or maintained as a dumping ground for rubbish, trash, garbage and/or an area for the accumulation of scrap or used materials. Trash, garbage and other waste shall be kept in appropriate sanitary containers. All incinerators or other equipment for the storage of material shall be kept in a clean and sanitary condition, and in accordance with the laws, rules and regulations promulgated by any municipal, county, state and/or federal authority having appropriate jurisdiction for the
t in a clean and sanitary condition, and in accordance with the laws, rules and regulations promulgated by any municipal, county, state and/or federal authority having appropriate jurisdiction for the regulation thereof.
19. FIRES: All burning of garbage and refuse in The Subdivision other than-in an appropriate incinerator must be accomplished in the presence of a member of the local Fire Department.
20. HUNTING AND FIREARMS: No firearms shall be discharged upon or within any Lot or other portion of The Subdivision. No trapping of animals or hunting of any kind with any type of weapon shall be permitted in The Subdivision.
21. ANIMALS: No animals other than household pets of the nature and number hereinafter provided for may be kept or maintained on any Lot in The Subdivision. No livestock or fowl of any type, including but not limited to swine, goats, sheep, cattle, horses, and chickens shall be permitted on any Lot in The Subdivision.
“Household pets" shall mean dogs and other pets of the type and humber customarily maintained by the owners of residences in high class residential subdivisions. No more than two (2) dogs and/or two (2) cats may be kept and maintained on any Lot in The Subdivision as household pets and no commercial breeding and raising of animals shall be permitted. Except that on Unit six, Lot 168, one show calf or lamb and two horses may be kept or maintained provided that the owner of Lot 168 is living in the subdivision, said animals are kept fenced within Lot 168 and not permitted on any other part of the subdivision or common areas, and said animals do not create health problems or nuisance problems including smell and noise.
22. WATER WELLS: No water well shall be drilled on any Lot in The
art of the subdivision or common areas, and said animals do not create health problems or nuisance problems including smell and noise.
22. WATER WELLS: No water well shall be drilled on any Lot in The Subdivision until the plans therefor shall have been approved in writing by the Architectural Review Committee. All such water wells shall be located in such manner as to comply with State and local laws concerning the relative locations of water wells and septic tanks.
23. MINERALS: No oil, gas or other mineral drilling, exploration, development, mining, refining, quarrying, or other type of mineral development and/or operation will be permitted in and upon any Lot or other portion of The Subdivision.
24. MAINTENANCE: All Owners of property in The Subdivision are required to maintain their Lots, whether vacant or occupied, in such manner that same do not become overrun with rubbish or trash. If in the opinion of the Restrictions Committee any Owner's Lot becomes so overrun with tall grass, brush, rubbish or trash as to cause a nuisance in The Subdivision, the Association is authorized to clean up said Lot at the expense of the property Owner after having first given the property Owner thirty (30) days written notice to comply with this restriction. If said cleaning fee is not paid within sixty (60) days from the date of request for payment by the Association, the expense of said cleanup will become a lien on the subject Lot in favor of the Association until payment of said cleanup fee.
25. RESUBDIVISION: No Lot in The Subdivision may be resubdivided without the express written consent of the Restrictions Committee and said Committee shall authorize such resubdivision only where the same will result in creating larger residential Lots and where the
ithout the express written consent of the Restrictions Committee and said Committee shall authorize such resubdivision only where the same will result in creating larger residential Lots and where the proposed resubdivision complies with Bandera County Platting and Subdivision Regulations. For example, ‘the Restrictions Committee may authorize the resubdivision of two Lots into one large Lot and/or the resubdivision of three Lots in such manner as to create two new Lots approximately equal in size.
26. PRIVATE STREETS: The Common Area in Unit Six, including streets, are being conveyed t the Association simultaneously with the filing of these Restrictions. As stated on the Plat of Unit Six, said streets shall not be dedicated public streets but shall be owned and maintained by the Association for the use and benefit of all Owners, as herein defined, and their respective invitees and licensees, including parties or entities purchasing one or more Lots under a Contract of Sale or Contract for Deed.
27. EASEMENTS: The conveyance to the Association of the streets reflected on the Plat of Unit Six shall be deemed to include all utility easements which are reserved or indicated on said Plat. In addition thereto, there is hereby reserved to the Association, its successors or assigns, an easement and right-of way over a ten foot (10') strip along the front, side, and rear boundary lines of all Lots in Unit Six for the purpose of installation or maintenance of public utilities, including but not limited to, water, electricity, telephone, and any appurtenance to the supply lines thereof, including the right to remove and/or trim trees. This Reservation of utility easements is subject to the provisions hereof relating
ricity, telephone, and any appurtenance to the supply lines thereof, including the right to remove and/or trim trees. This Reservation of utility easements is subject to the provisions hereof relating to the resubdivision of Lots to create larger residential Lots and to the provisions relating to the construction by the Owner of two contiguous Lots of one single residence for said two Lots in such manner that said residence crosses the common boundary line between the Lots.
28. ARCHITECTURAL CONTROL: No building, fence, wall or other structure, including the main dwelling unit, shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or alteration of any improvement on any Lot be made, until the plans and Specifications therefore showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Board of Directors of the Association, or by the Architectural Review Committee composed of three (3) or more persons appointed by said Board. The Board or Architectural Review Committee in approving or disapproving any such Plans and Specifications shall make all decisions in furtherance of a uniform plan for the development of The Subdivision. Such Board or Architectural Review Committee 7 shall be vested with the authority to control the location and type of construction in order to insure harmony of external aesign and location in relation to surrounding structures and topography and the development of The Subdivision as a high class residential area. Notwithstanding the foregoing, however, it is expressly understood that the failure of the Board or Architectural Review Committee to give notification of disapproval of any
class residential area. Notwithstanding the foregoing, however, it is expressly understood that the failure of the Board or Architectural Review Committee to give notification of disapproval of any such Plans and Specifications within thirty (30) days after receipt thereof shall be deemed for all purposes hereunder as approval of such Plans and Specifications.
29. RESTRICTIONS COMMITTEE: The original Restrictions Committee for The Subdivision shall consist of any number of persons, none of whom need be Owners, designated by Park Road Joint Venture. On or before December 31, 1990, Park Road Joint Venture will by written instrument filed for record in the Official Public Records of Real Property of Bandera County, Texas, appoint five (5) property Owners in The Subdivision to serve as the Restrictions Committee for The Subdivision from and after such date. The Restrictions Committee members so appointed shall serve until their successors are duly elected as hereinafter provided. At any time after the aforesaid appointment of said five property Owners to the Restrictions Committee, the then Owners of a majority of the lots in The Subdivision, with any husband and wife, and any cotenants, being considered as one Owner, may by instrument in writing filed for record in the Official Public Records of Real Property of Bandera County, Texas, change the composition of the current Restrictions Committee, designating therein the five (5) property Owners in The Subdivision who shall thereafter constitute the Restrictions Committee. The sale by a member of such Committee of all of his or her property in The Subdivision shall be deemed as a resignation from the Restrictions Committee. Any vacancies in such Restrictions Committee created by death,
mber of such Committee of all of his or her property in The Subdivision shall be deemed as a resignation from the Restrictions Committee. Any vacancies in such Restrictions Committee created by death, resignation, or otherwise, shall be filled by the remaining members of such Committee by recordable instrument filed for record in the Official Public Records of Real Property of Bandera County, Texas.
All plans and specifications, and all improvements in The Subdivision, shall comply with the Restrictions relative to improvements in and upon and use of Lots, and any variances therefrom shall be subject to the written approval of the Restrictions Committee. Subject to the further provisions hereof, the Restrictions Committee may by letter delivered to the Owner involved, and in furtherance of a uniform plan for the development of The Subdivision as a high class residential subdivision, grant variances from any one or more of the limitations and restrictions insofar, and only insofar, as they pertain to an individual Lot. The Restrictions Committee shall also have the right, in furtherance of said uniform plan for the development of The Subdivision, to execute Amendments to the restrictive covenants and use limitations in The Subdivision, provided that the Committee, in the exercise of its best judgment and discretion, is of the opinion that such Amendments would be in furtherance of the uniforn plan for the development of The Subdivision; and provided further, however, that any such Amendments affecting more than one Lot in The Subdivision shall have been approved by a vote of two-thirds (2/3rds) of each class of Members of the Association that are in attendance at a meeting of the Association called for such purpose. Notwithstanding the
hall have been approved by a vote of two-thirds (2/3rds) of each class of Members of the Association that are in attendance at a meeting of the Association called for such purpose. Notwithstanding the foregoing, no variance or amendment from or to the limitations and restrictions shall be valid where the effect thereof would be to permit the use of any Lot in The Subdivision for commercial purposes. A temporary sales office used for sales of Lots or homes by Declarant, or its authorized agents, shall not be deemed : < gee purpose within the meaning of the aforesaid limiation. .
30. SCENIC HARBOUR ESTATES PROPERTY OWNERS ASSOCIATION: Section A. Qwners' Easements of Enjoyment: Every Common Area which shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions, to-wit: (1) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated in and upon the Common Area.
(ii) The right of the Association to suspend the voting rights, and vights of use in recreational facilities, of an Owner for any period during which any Assessment against his Lot remains unpaid.
(iii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by at least two-thirds (2/3rds) of each class of Members of the Associaton, any such dedication or transfer to be in writing; signed by at least two-thirds (2/3rds) of each class of Members; and filed for record in the Official Public Records of Real Property of Bandera County, Texas.
Section B. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws of the Association, his right of
r record in the Official Public Records of Real Property of Bandera County, Texas.
Section B. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws of the Association, his right of enjoyment in and to the Common Area and facilities to members of his family, his tenants, and/or parties purchasing his Lot or ‘Lots under a Contract of Sale or Contract for Deed.
Section ¢. Association Membership: Every Owner of a Lot in The Subdivision which is subject to assessment as herein provided shall be a Member of the Associaton. Membership shall be appurtenant to and may not be separated from ownership of the Lot which is subject to assessment.
Section D. Classes of Members: The Association shall, for voting purposes, have two (2) classes of Members, to-wit: €lass A: All Members of the Association, except Class B Members hereinafter defined, shall be Class A Members. Class A Members shall be composed of Resident and Nonresident Members. The Owner of a Lot who shall have completed thereon the construction of a foundation for @ residence shall be a Class A Resident Member as to said Lot. The Owner of a Lot who shall not have completed thereon the construction of a foundation for a residence shall be a Class A Nonresident Member as to said Lot. All Class A Members shall be entitled to cast one vote for each Let owned in the determination of all matters properly presented to the Membership of the Association. Where fee simple title to a Lot stands in the name of more than one Owner, such multiple Owners shall, as a unit, be entitled to cast one vote with respect to said Lot.
Class B: The Declarant shall be the Class B Member and shall be entitled to cast three votes for each Lot owned in the determination of all matters properly presented to the Membership
ct to said Lot.
Class B: The Declarant shall be the Class B Member and shall be entitled to cast three votes for each Lot owned in the determination of all matters properly presented to the Membership of the Association. The Class B Membership shall cease and be automatically converted to Class A Membership upon the happening of whichever of the following events shall first occur, to-wit: (i) when the total votes outstanding in the Class A Membership equal or exceed onethird (1/3) the total votes outstanding in the Class B Membership; (ii) On December 31, 1990.
Section E. Creation of the Lien and Personal Obligation of Assessments: The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot within the Properties by acceptance of a Deed therefor, and whether or not so expressed in said Deed, is deemed to covenant and agree, to pay to the Association: (1) Annual assessments and charges, and (2) special assessments for capital improvements, such assessments and charges to be established and collected as hereinafter provided. The annual assessment and any special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person or entity who or which was the Owner of such property at the time the assessment became due and payable. Said personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. If successors in title do not expressly assume the payment
due and payable. Said personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. If successors in title do not expressly assume the payment of delinquent assessments, they shall nevertheless take title to a Lot subject to the lien securing the payment of all delinquent assessments payable with respect to said Lot.
Section F. [ae] Ass ents: The Annual Assessments fixed and levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties, and for the improvement and maintenance of the Common Area, including streets. Expenditure of assessment funds for the maintenance of the private streets and private street rights-of-way; maintenance of Common Areas, and any improvements therein and thereon; costs ef security services and facilities, including a controlled access entrance to The Subdivision, shall be deemed appropriate expenditures of such funds.
Section G. Maximum Annual Assessment: Until January 1 of the calendar year immediately following the date of the conveyance of the first Lot in The Subdivision to an Owner, the maximum annual assessment shall be $60.00 per Lot.
From and after January 1 of the calendar year immediately following the date of the conveyance of the first Lot in The Subdivision to an Owner, the maximum annual assessment may be increased by ten percent (10%) above the maximum annual assessment for the previous year without a vote of the Membership of the Association. ; 10 From and after January 1 of the Calendar year immediately following the date of the conveyance of the first Lot in The Subdivision to an Owner the maximum annual assessment may be
Association. ; 10 From and after January 1 of the Calendar year immediately following the date of the conveyance of the first Lot in The Subdivision to an Owner the maximum annual assessment may be increased by more than ten percent (10%) above the maximum annual assessment for the previous year by a vote of two-thirds (2/3rds) of each class of Members voting, in person or by proxy, at a meeting of the Membership of the Associaton duly called for said purpose.
In fixing the amount of the annual assessment as hereinafter provided, the Board of Directors of the Association shall be bound by the aforesaid provisions establishing the maximum amounts of annual assessments.
ments: In addition to the annual assessments herein authorized, the Association may levy, in any. assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement, of a capital improvement in and upon the Common Area, including fixtures and personal property related thereto, provided that any such special assess-— ment shall have been approved by a vote of two-thirds (2/3rds) of each class of Members voting, in person or by proxy, at a special meeting of the Membership of the Association duly called for said pirpose.
; fe) a otice an ° r on Auth da Under Sections G and H: Written notice of any meeting of the Membership of the Association called for the purpose of taking any action authorized under Sections 6 or H, next above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of said meeting. At the first such meeting called for the purpose of taking action authorized under
shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of said meeting. At the first such meeting called for the purpose of taking action authorized under Sections G or H, the presence of members of the Association, in person or by proxy, entitled to cast sixty (60%) percent or more ef all of the votes of each class of membership shall constitute a quorun. If said required quorum is not present, another meeting may be called subject to the same notice requirements for the purpose of taking the same action, and the required quorum at said subsequent meeting shall only be one-half (1/2) of the quorum required at the first meeting. Any such subsequent meeting to consider such action shall be held within sixty (60) days following the first meeting.
Section J. Uniform Rate of Assessment: Both annual and special assessments shall be fixed at a uniform rate for all Lots and may be collected on a monthly or annual basis. The assessment charge to Class A Nonresident Members and Class B Members shall be fifty (50%) percent of the amount of the assessments as determined by the Board of Directors of the Associaton, or by vote of the Members, as the case may be.
Section &. Date of Commencement and e Dates o Annual Assessments: The annual assessments provided for herein shall, as to Lots in Unit Six commmence as to all Lots on the ist day of the month following the date on which this Declaration is filed for record in the office of the County Clerk of Bandera county, Texas. The assessment period shall be the calendar year and the first annual assessment shall be adjusted or prorated according to the number of months remaining in the current calendar year. The Board of Directors ef the Association shall
he calendar year and the first annual assessment shall be adjusted or prorated according to the number of months remaining in the current calendar year. The Board of Directors ef the Association shall fix the amount and the due dates ef the annual assessment against each Lot in The Subdivision at least thirty (30) days in advance of each annual assessment period. The action of the Board of Directors in fixing the amount ana due dates of each annual nak assessment shall be reflected in the Minutes of the Meetings of said Board of Directors. The Board of Directors shall cause written notice ef each annual assessment to be sent to all Owners by United States Mail addressed to each said Owner at his or her address as reflected in the books and records of the Associaton.
Said notices shall be mailed at least thirty (30) days in advance of the due dates of said assessments, or the first installment thereof. The Associaton shall, upon request, and upon payment of a reasonable charge therefor, furnish a Certificate signed by an Officer of the Association setting forth the payment status of assessments as to a specified Lot. A properly executed Certificate of the Association as to the status of assessments on a Lot _ be binding upon the Association as of the date of its sSsuance,.
Section L. c n ent o ssessm d Remedies of the Association: Any Assessment, or instaliment thereof, not paid within thirty (30) days after the due date therof shall be deemed delinquent. Delinquent Assessments, or installments thereof, shall bear interest at the rate of ten percent (10%) per annum from the date delinquent until paid. In the event of default in the payment of an Assessment, or installment thereof, and the same is placed in the hands of an attorney
f ten percent (10%) per annum from the date delinquent until paid. In the event of default in the payment of an Assessment, or installment thereof, and the same is placed in the hands of an attorney for collection, or suit is brought on same, the Association shall be entitled to recover costs of collection and reasonable attorney's fees. The Association may bring an action at law against the Owner personally obligated to pay a delinquent Assessment and/or foreclose the lien securing the payment of said Assessment. No Owner may escape liability for Assessments by non-use of the Common Area or otherwise.
Section M. ubordinat ssne: i + Mortgages: The lien securing Assessments as to a Lot shall be and remain subordinate to any lien on said Lot given to a person or entity (other than the owner-seller of said Lot) to secure the payment of all or a portion of the purchase price of said Lot and/or the cost of improvements thereon. The sale or transfer of _ any Lot shall not otherwise affect Assessment liens as to said Lot. The sale or transfer of any Lot pursuant to and in connection with the foreclosure of a superior lien thereon shall extinguish the lien of Assessments on said Lot as to Assessments which became due and payable prior to such sale or transfer. No such sale or transfer pursuant to foreclosure shall, however, relieve such Lot from the lien of Assessments becoming due and payable after said sale.
Section N. jabilit or Taxes and Maintenance o Common Areas: Neither Park Road Joint Venture, nor its successors, nor other party designated a Declarant hereunder, shall bear any taxes on or cost of maintenance of the Common Area, including private roads, secured areas, and controlled access to The Subdivision, except as otherwise provided for herein. The
under, shall bear any taxes on or cost of maintenance of the Common Area, including private roads, secured areas, and controlled access to The Subdivision, except as otherwise provided for herein. The Association, acting by and through its members and its duly constituted Board of Directors, shall be solely responsible for any such taxes and/or maintenance costs and for the administration of the Assessment program, including the collection and expenditure of all Assessment funds.
Section 0. Security Disclaimer: NO REPRESENTATION, GUARANTY OR WARRANTY IS MADE, NOR INSURANCE GIVEN, THAT THE CONTROLLED ACCESS ENTRANCE, OR OTHER SECURITY SYSTEMS OR PROCEDURES UTILIZED IN CONNECTION WITH THE SUBDIVISION WILL PREVENT PERSONAL INJURY OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY.
NEITHER PARK ROAD JOINT VENTURE, ITS SUCCESSORS, AGENTS OR SALES REPRESENTATIVES, NOR OTHER PARTY DESIGNATED A DECLARANT HEREUNDER, SHALL BE LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR 12 FOR ANY LOSS OR DAMAGE TO PERSONAL PROPERTY WHICH MAY RESULT FROM FAILURE OF ANY SECURITY SYSTEMS OR PROCEDURES UTILIZED IN THE SUBDIVISION.
31. DURATION AND AMENDMENT. The covenants, conditions and restrictions contained herein shall be effective until December 31, 2004, after which date said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years; provided, however, that by written instrument filed for record in the office of the County Clerk of Bandera County, Texas, prior to December 31, 2004, or the last day of any current extended period, the Owners of at least threefourths (3/4ths) of the Lots in The Subdivision shall have the power to terminate said covenants, conditions and restrictions
the last day of any current extended period, the Owners of at least threefourths (3/4ths) of the Lots in The Subdivision shall have the power to terminate said covenants, conditions and restrictions effective December 31, 2004 or as of the last day of the current extended l0-year period. Notwithstanding anything else herein contained to the contrary, and in addition to and cumulative of any other methods of amendment, this Declaration may be amended prior to December 31, 2004, by written instrument signed by the Owners of ninety percent (90%) or more of the Lots in The Subdivision and filed for record in the office ef the County Clerk of Bandera County, Texas prior to said date; and, thereafter by written instrument signed by the Owners of seventy-five percent (75%) or more of the Lots in The Subdivision and filed for record in the office of the County Clerk of Bandera County, Texas. .
32. ENFORCEMENT. The covenants, conditions and restrictions of this Declaration shall run with the title to the land and shall inure to the benefit of and be enforceable by any person or entity owning Lots in The Subdivision subject to the restrictions in this Declaration. Further, the Association, Restrictions Committee, Declarant, and/or the Commissioners Court of Bandera County, Texas, shall have the right to enforce these restrictions. The restrictive covenants and use limitations herein contained may be enforced by injunction in order to prevent a breach thereof or to enforce the observance thereof which remedy, however, shall not be exclusive, and any Owners of property in The Subdivision injured by virtue of the breach of said restrictions and use limitations shall have their remedy for damages suffered as a result of such breach. It is understood
Owners of property in The Subdivision injured by virtue of the breach of said restrictions and use limitations shall have their remedy for damages suffered as a result of such breach. It is understood that in the event of a breach of these restrictions and use limitations by the Owner of any Lot or Lots in The Subdivision, it will be conclusively presumed that the other Owners of Lots in The Subdivision have been injured thereby. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to thereafter enforce such covenant or restriction. The restrictive covenants and use limitations contained herein are for the primary benefit of Lots in The Subdivision and the Owners thereof. ‘While the Association, Restrictions Committee, DeClarant, and the Commissioners Court of Bandera County, Texas, are authorized to enforce such restrictive covenants and use limitations, they shall not be required to incur any expenses, attorney's fees and/or Court costs in connection with any such enforcement.
34. (0) D A - Qf through an error or oversight or mistake on the part of the Association, Architectural Review Committee, Owner of any Lot or Lots in The Subdivision, or builders of any structure in The Subdivision, any structure shall not entirely conform to all of the restrictions and use limitations applicable thereto, such nonconformity shall in no way affect or impair the applicability of the limitations and restrictions to any and all of the remainder of The Subdivision.
Any delinquency or delay on the part of any Owner to enforce the 3 correction of any violation of the restrictions or limitations shall not operate as a waiver of such violation nor shall such
vision.
Any delinquency or delay on the part of any Owner to enforce the 3 correction of any violation of the restrictions or limitations shall not operate as a waiver of such violation nor shall such delinquency or delay confer any implied right on any other Owner or holder of a Lot of Lots in The Subdivision to change, alter, or violate any of the said limitations and restrictions.
35. PARTIAL INVALIDATION: Invalidation of any one or more of these covenants or restrictions by Judgement of a court of competent jurisdiction shall in nowise affect the other covenants and restrictions which shall remain in full force and effect.
35. ANNEXATION: As stated in the aforesaid prior Declarations relative to Scenic Harbour Estates, Units One, Two, Three, Four, and Five, the property described in Exhibit "B" attached hereto and made a part hereof, may be annexed and brought within the jurisdiction of the Association by action of the Board of Directors of the Association. Other additional residential property and Common Area may be so annexed and brought within the jurisdiction of the Association upon the approval thereof by at least two-thirds (2/3rds) of each class of Members of the Association.
36.. VETERANS LAND BOARD: Notwithstanding anything to the contrary, during any period that the Veterans Land Board holds title to any of the lots in this subdivision, the restriction against re-subdivision shall not prevent the Board from conveying an acre to its contract holder for a homesite, and, no ass€ssments or liens shall apply to the Veterans Land Board or the State of Texas, but shall be the personal responsibility of the Veteran purchaser or his heirs and assigns. These exceptions shall only apply while the Veterans Land Board has an interest in the tract.
tate of Texas, but shall be the personal responsibility of the Veteran purchaser or his heirs and assigns. These exceptions shall only apply while the Veterans Land Board has an interest in the tract.
Executed this day of Be, > F ; Park Road J.V. IN The undersigned, being the President and Secretary of SCENIC HARBOUR ESTATES PROPERTY OWNERS ASSOCIATION, a Texas Non-Profit Corporation, join herein to evidence that the Board of Directors of said Association has duly resolved to annex and bring within the jurisdiction of said Association all property in SCENIC HARBOUR ESTATES, UNIT SIX, a Subdivision in Bandera County, Texas, according to Plat thereof recorded in Volume _6, Page 199 4 Map and Plat Records of Bandera County, Texas, and that more than two-thirds of each class of Members of the Association have approved the annexation by the Association of the 7-709 acres of land in said Subdivision.
EXECUTED this jt day of Léctmpe ZYz- , 1990.
B.J. SLEDGE, , President plbwar SRA DELMAR STARK, Secretary 14 THE STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority, on this day personally appeared B. J. SLEDGE, JR., PRESDIENT OF PARK ROAD deVie, INC. , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of Park Road J.V. INC., for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND and SEAL OF OFFICE on this the & bh day of ‘he lpn umer » 1991.
NOTARY PUBLIC, STATE OF TEXAS My commission expires: I\d9gla5 SANDRA €, PARKER Notary Pustie, State of Texas B My Cormrnission Expires OCTOBER 29, 1992 15 EXHIBIT "a" TO DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, ASSESSMENTS, RESERVATIONS, AND CONDITIONS RE:
NDRA €, PARKER Notary Pustie, State of Texas B My Cormrnission Expires OCTOBER 29, 1992 15 EXHIBIT "a" TO DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, ASSESSMENTS, RESERVATIONS, AND CONDITIONS RE: SCENIC HARBOUR ESTATES, UNIT SIX NONE 16 EXHIBIT "BN" TO DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, ASSESSMENTS, RESERVATIONS, AND CONDITIONS RE: CENTC RBOUR ESTATES, UNIT SIX That certain 56.1974 acre tract of land in Bandera County, Texas described in Exhibit "B-1" attached hereto and made a part hereof; that certain 3.768 acres of land in Bandera County, Texas, described in Exhibit "p-2" attached hereto and made a part hereof; and that certain 3.0 acres of land in Bandera County, Texas, described in Exhibit "p-3" attached hereto and made a part hereof, SAVE AND EXCEPT the following described portions of said property, to-wit: (a) That certain 25.764 acre portion thereof comprising SCENIC HARBOUR ESTATES, UNIT ONE, a Subdivision in Bandera County, Texas, according to Plat thereof recorded in Volume 6, Pages 74-75, Map and Plat Records of Bandera County, Texas; (b) That certain 8.452 acre portion thereof comprising SCENIC HARBOUR ESTATES, UNIT TWO, a Subdivision in Bandera County, Texas, according to Plat thereof recorded in Volume 6, Page 124, Map and Plat Records of Bandera County, Texas; and (c) that certain 11.919 acre portion thereof comprising SCENIC HARBOUR ESTATES, UNIT THREE, a Subdivision in Bandera County, Texas, according to Plat thereof recorded in Volume 6, Page 129, Map and Plat Records of Bandera County, Texas.
17 Heres and Bounds Description on a 56.1974 acre tract out of Survey No. 284, Casmero de la Garza, Abstract No.
161 described by metes and bounds as follows: i BECINNING at a point on the north line of Park Road No. 37 at the east line of
.1974 acre tract out of Survey No. 284, Casmero de la Garza, Abstract No.
161 described by metes and bounds as follows: i BECINNING at a point on the north line of Park Road No. 37 at the east line of a called 10 acre tract sold to Halfman, said point being 826.86 feet South B4° 12' 05" East of an iron rod found at the southwest corner of the Swagger 10 acre tract same being at Station 540 + 66.6 on the State right-of-way map for Park Road No. 37 (project C-1066-1-1); THENCE on the east line of said Halfman rract North 4° 44° 16” West-a distance of 1027.67 feet to an iron rod found as the northeast corner of said tract; THENCE on the north line of the Halfran and Swagger tracts North 84° 29' 06" Weser a distance of B61.55 feet to an iron rod found as the northwest corner of rhe Swagger tracts THENCE with the fence, North 03° 40° 00" West a distance of 722-09 feet to ea point for corner; THENCE South g4° 29° OO” East a distance of 319.36 feet to a point for commer; THENCE South 87° 13° 49" East a distance of 317.08 feet to a point for corner; THENCE North 45° 42° 16" East a distance of 784.17 feet to a point for cormer3 THENCE South 72° 40° 35" East a distance of 983-47 feet to a point for the northeast comer of this tract, on the west line of Park Road No. 373 THENCE southerly and westerly on said line the folloving: South 9° 29° 42” West a distance of 57-89 feet to the point of curve to the right, with a central angle of 24° 55° 00" and-a radiug of 346.97, thence on the curve 150.89 feet to the point of tangent, thence South 34° 24° 41" West, 133-50 feet to the point of curve to the left, with a central angle of 37° 58° OO” and a radius of 194.16, thence on the curve. 128.66 feet to the point of tangent, -
t, thence South 34° 24° 41" West, 133-50 feet to the point of curve to the left, with a central angle of 37° 58° OO” and a radius of 194.16, thence on the curve. 128.66 feet to the point of tangent, thence South 3° 33° 18” East, 74.30 feet to the point of curve to the right, with a central angle of 38° 59' 00" and a redius of 169.63, thence on the curve 115.41 feet to the point of tangent, thence South 35° 25° 42” West, 428.90 feet to the point of curve to the left, with a central angle of 22° 00° 00", and a radius of 444.26 feet, thence on the curve 170.58 feet to the point of tangent, thence South 13° 25° 42” Vest, 515.00 feer to the point of curve to the right with a central angle of 21° 22' OO" and a radius of $37.96 feet thence on the curve 200.61 feet tothe point of tangent, thence South 34° 47° 42" vest, 85.01 feet to the point of curve to the right, with a central angle of 36° 17' OO" and a radius of 292.46 feec thence on the curve 185.17 feet to the point of tangent, thence South 71° O4* 42" West, 124.50 feet to the point of curve to the right, with a central angie of 19° O6' 40% and a radius of 346.67 feer thence on the curve 315.73 feet to the point of bepinning, and cocteining in all 86-1974 acres core or — .
boo . a 2 hoe hd it} EXHIBIT "B-1" STATE OF TEXAS : ‘ COUNTY OF BANDERA -Field notes for a survey of 3.768 acres cut of the Casimero de la Garza Survey No. 284> Abstract No... 161:, in Bandera County, Texas, said 3.768 acres of land being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the north line of a 56.197zZ acre tract of land, said pin being located South 45° £2" 16" West, 537 feet from the most northerly corner of said 56.1974 acre tract;
ows: BEGINNING at an iron pin set on the north line of a 56.197zZ acre tract of land, said pin being located South 45° £2" 16" West, 537 feet from the most northerly corner of said 56.1974 acre tract; Thence along the north line of said 56.1974 acre tract of land, the following four (4) calls:.
South 45° 42° 16" West, 247.17 feet to a point; North 87° 13" 49" West, 317.08 feet to an iron pin; North 84° 29° O00" West, 319.36 feet to a point; and South O3° 40° East, 722.093 feet to an iron pin in fence; oo “pees with fence, the following three (3) -calls: ‘North 04° 46° West, 451.8 feet to an iron pin; North 06°°13' West, 274.2 feet to an iron pin; and North 08° 34° West, 224.2 feet to an iron pin; Thence South 83° 31' East, 871.8 feet to the place of BEGINNING, t, Dan's. Bunker, Registered Public Surveyor in the State of Texas, hereby certify that the foregoing field notes are true and correct according to an actual survey made on the ground under my supervision on February 21, 1984.
o> ee Burk 7 Dan B. Bunker, R.P.S.
Texas Reaqist.ration to. 2712 EXHIBLT "B-2" —e STATE OF TEXAS # COUNTY OF BANDERA i Field notes for @ survey of 3.0 acres of Jend. out of the . Casimero de la Garza Survey No. 284, Abstract No. 16:3 in Bendera County. Texas. said 3.0 acres of land being more particvulerly .
described by metes and bounads as follows: BEGINNING at an iron pin found in fence corner marking the Northwest corner of e 10.0 acre tract of land. said pin being located ‘approximately North 13° 31" East. 9.5 feet; North 03° 40' 469.20 feet: and South 84° 3l1' West, East,. 435.29 feet from the NorthAbstract No. 773, and the South east corner of the S. Tschirhart Survey No. 294, Abstract No. 1995; €
. 9.5 feet; North 03° 40' 469.20 feet: and South 84° 3l1' West, East,. 435.29 feet from the NorthAbstract No. 773, and the South east corner of the S. Tschirhart Survey No. 294, Abstract No. 1995; € Thence with the north line of said 10.0 acre tract. South 84° 3]' East, 426.4 feet to an iron pin found marking the Northeast corner of said 10.0 acre tract;..
Thence South 04° 39' East. with the east line of said 10.0 acre tract, 311.27 feet to an iron pin: “Thence North 84° 31' West. 426.5 feet to an Iron pin set in fence on the west line of the above mentioned 10.0 acre tract: Thence. with fence. North 04° 38' West. 311.25 feet to the place of BEGINNING.
I, Dan B. Bunker. Registered Public Surveyor in the State of Texas, herevy certify that the foregoing field notes are true anc correct according to an actual survey made on the ground under my supervision on February 5. 198.
Den &. Bunker. F&F ‘Texas Revistretion No. 2712 EXSHZEIT? “EB-3"