DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DIAMOND S RANCH STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LLANO WHEREAS, this Declaration of Covenants, Conditions and Restrictions, made on the date herein after set forth by WATER RIDGE, L.P., as Limited Liability Partnership, acting herein by and through its General Partner, WATERRIDGE DEVELOPMENT COMPANY, LLC a Texas Limited Liability Company, herein after referred to as “Declarant”.
This Declaration, made on the date hereinafter set forth by WATER RIDGE, L.P. and DEVELOPMENT COMPANY, LLC, hereinafter referred to as "Developer".
WITNESSETH: WHEREAS, Declarant is the owner of that certain property known as Diamond S Ranch, a subdivision in Llano County, Texas, according to the map plat thereof recorded in Volume AO Page. A.2of the Llano County Plat record.
NOW, THEREFORE, the undersigned hereby adopts, establishes and imposes this Declaration of Covenants, Conditions and Restrictions for Diamond S Ranch, and declares the following reservations, easements, restrictions, covenants and conditions applicable thereto, all of which for the purposes of enhancing and protecting the value, desirability and attractiveness of said Property, which Restrictions shall run with said Property and title or interest therein, or any part thercof and shall inure to the benefit of each owner thereof, except that no part of this Declaration or the Restrictions shall be deemed to apply in any manner to any area not included in the boundaries of said Plat or survey unless specifically provided for herein. Developer also declares that this subdivision shall be subject to the jurisdiction of the "Association" (as hereinafter defined).
ARTICLE I DEFINITIONS
survey unless specifically provided for herein. Developer also declares that this subdivision shall be subject to the jurisdiction of the "Association" (as hereinafter defined).
ARTICLE I DEFINITIONS Section 1.01 “Annexable Area” shall mean and refer to any additional property made subject to the jurisdiction of the Association pursuant to the provisions set forth herein, including, without limitation, any other Sections, if any, of Diamond S Ranch Subdivision and any property adjacent to or in the proximity of the Property.
Section 1.02 “Association” shall mean and refer to the Water Ridge Property Owners Association, and its successors and assigns.
Section 1.03 “Diamond S Ranch” shall mean and refer to this Subdivision and any other sections of Diamond S Ranch hereafter made subject to the jurisdiction of the Association.
Section 1.04 “Board of Directors” shall mean and refer to the Board of Directors of the Association.
Section 1.05 “Builders” shall mean and refer to persons or entities that purchase lots and build speculative or custom homes thereon for third party purchasers.
Section 1.06 “Common Area” shall mean all real property (including the improvements thereto) within the Subdivision owned by the Developer and/or the Association for the common use and Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page ! of 20 vor. 1528 pace4 233 enjoyment of the Owners and/or any real property and improvements, including, but not limited to, drainage and utility easements and other facilitics and arcas designated on the Plat or survey within the Common Area to which the Owners may hereafter become entitled to use.
Section 1.07 “Contractor” shall mean and refer to the person or entily with whom an Owner
ignated on the Plat or survey within the Common Area to which the Owners may hereafter become entitled to use.
Section 1.07 “Contractor” shall mean and refer to the person or entily with whom an Owner contracts to construct a residential dwelling on such Owner's Lot.
Section 1.08 “Developer” shall mean and refer lo Water Ridge Development Group, LLC, and its assigns and successors.
Section 1.09 “Lot” shall mean and refer to any plot of land identified as a lot or tract on the plat or survey of the subdivision. For purposes of this instrument, "Lot" shall not be deemed to include any portion of any “Common Areas”, “Reserves”, ‘Restricted Reserves” or "Unrestricted Reserves”, (defined herein as any Common Areas, Reserves, Restricted Reserves or Unrestricted Reserves shown on the Plat or survey) in the Subdivision, regardless of the use made of such area.
Section 1.10 “Member” shall mean and refer to every person or entity that holds a membership in the Association.
Section 1.11 “Owner” shall mean and refer to the record owner, whether one or more persons or entities of fee simple title to any Lot which is a part of the Subdivision, including (i) contract sellers (a seller under a Contact-for-Deed), but excluding those having such interest merely as security for the performance of an obligation (ii) Developer (except as otherwise provided herein) and (iii) Builders.
Section 1.12 “Building Site” is defined as thirty (30) feet in any direction in the area surrounding a building or other structure approved by the Architectural Control Committee as defined in this Declaration.
ARTICLE Il RESERVATIONS, EXCEPTIONS AND DEDECICATIONS Section 2.01 Recorded Subdivision Plat or Survey of the Property. The plat ("Plat") or
itectural Control Committee as defined in this Declaration.
ARTICLE Il RESERVATIONS, EXCEPTIONS AND DEDECICATIONS Section 2.01 Recorded Subdivision Plat or Survey of the Property. The plat ("Plat") or survey of the Subdivision dedicates for use as such, subject to the limitations as set forth herein, the roads, streets and easements shown thereon. The Plat or survey further establishes certain restrictions applicable to the Property. All dedications, restrictions and reservations created herein or shown on the Plat or survey, replats or amendments of the Plat or survey of the Subdivision recorded or hereafter recorded shall be construed as being included in each contract, deed, or conveyance executed or to be executed by or on behalf of Developer, conveying said Property or any part thereof whether specifically referred to therein or not.
Section 2.02 (a) Easements. Developer, or Association after Control Transfer Date, reserves for public use the utility easements shown on the Plat or survey or that have been or hereafter may be created by separate instrument recorded in the Real Property Records of Llano County, Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, gas lines, sewers, water lines, storm drainage (surface or underground), cable television, or any other utility the Developer (or Association after Control Transfer Date) sees fit to install in, across and/or under the Property, subject to Sections 2.02 (b) and 2.02 (c). All utility easements in the Subdivision may be used for the construction of drainage swales in order to provide for improved surface drainage of the Reserves, Common Area and/or Lots. Should any utility company furnishing a service
division may be used for the construction of drainage swales in order to provide for improved surface drainage of the Reserves, Common Area and/or Lots. Should any utility company furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Association, or the Developer until Control Transfer Date, shall have the right to grant such easement on said Property without conflicting with the terms hereof, subject to Sections 2.02 (b) and 2.02 (c). Any utility company serving the Subdivision Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 2 of 20 VoL. 1528 pxce4234 and/or any District serving the Subdivision shall have the right to enter upon any utility easement for the purpose of installation, repair and maintenance of their respective facilities on the dates and times agreed with the relevant Lot Owners in advance. The Developer, any utility company, water district, political subdivision or other authorized entity using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, whether caused intentionally or accidentally, to fences, shrubbery, trees and lawns or any other property of the Owner on the property covered by said easements.
(b) Overriding Provisions for Easements. No new easements can be created on the Lot, except with the written consent of the Lot Owners whose property the proposed easement will affect. The Developer cannot grant any specific easements covered by the general easement in Section 2.02 (a) by separate recordable document to any utility company, except with the written consent of any affected Lot Owners.
not grant any specific easements covered by the general easement in Section 2.02 (a) by separate recordable document to any utility company, except with the written consent of any affected Lot Owners.
(c) Compensation for Easements. The Owner has the right to be compensated for any easements created under Section 2.02 (a). This Section 2.02 (c) does not override the right of the Owner to refuse to sign a written consent to run an easement through his Lot as per Section 2.02 (b).
(d) None of the provisions in this Section 2.02 shall interfere with any relevant government laws and regulations, including but not limited to any relevant County regulations.
Section 2.03 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Developer to any of the Lots by contract deed of other conveyance shal} be subject to any easement affecting same for roadways or drainage, water line, gas, sewer, electric lighting, electric power, telegraph or telephone purposes and other easement hereafter granted affecting the Lots. The Owners of the respective Lots shall not be deemed to own pipes, wires, conduits or other service lines running through their Lots which are utilized for or service other Lots, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot. The Developer may convey title to said easements to the public, a public utility company or the Association.
Section 2.04 Utility Easements.
(a) Ground and aerial utility easements have been or will be dedicated in accordance with the Plat or survey by separate recorded easement documents.
(b) No building shall be located over, under, upon or across any portion of any utility
ts have been or will be dedicated in accordance with the Plat or survey by separate recorded easement documents.
(b) No building shall be located over, under, upon or across any portion of any utility casement, unless such building had been in existence before the easement was created. Further, no fence, building or other structure or improvements may be placed on any utility or drainage easement.
The Owner of each Lot shall have the right to construct, keep and maintain concrete drives, and similar improvements across any utility easement, and shall be entitled to cross such easements at all times for purposes of gaining access to and from such Lots. The Owner shall not be responsible for repairing any damage to said improvements caused by the Utility District or any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Utility Easements, providing that the said Owner has provided reasonable access to utilities whereby such damage could be avoided. The responsibility for repairing such damage shall be decided on through the dispute resolution procedure as per Section 9.07.
(c) All Lots shall have side and rear utility easements as described on the Plat or survey.
Section 2.05 Use of Easements by Owners. The easements shown on the Plat or survey adjacent to any road or street may be used by all the Owners, their families, guests and invitees for the purpose of pedestrian walking or jogging and for riding horses or non-motorized vehicles or similar activities. No fence or other structures shal] be constructed or maintained on any part of said easement. No motorized vehicle of any type, including without limitation, any motorcycle, go-cart, tractor or automobile,
nce or other structures shal] be constructed or maintained on any part of said easement. No motorized vehicle of any type, including without limitation, any motorcycle, go-cart, tractor or automobile, ATV or other motorized vehicle, shall be permitted on said easement, except equipment necessary for the construction, maintenance and repair of said easements shall be permitted. The portion of each Lot adjacent to any street or road upon which an easement is located shall be mowed and maintained by the Association.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 3 of 20 vol. 1528 pacc4235 in asnacentine m tc aea se nceameantne wntelr etree ahen Pm mas re enna RN ti ent ee no tere tin on eter inca etihimm area ala dma uae atch sal Nai EnAAi uate SAAR AARNE: Al Co a os IN Lan es hea RE SRR AI SSS LE Section 2.06 Roads and Streets. Subject to the terms and conditions of this Section 2.06, the roads and streets in this Subdivision, as shown on the Plat or survey, are hereby dedicated in addition to roadways, as utility easements for the purpose of constructing, operating, maintaining or repairing a system(s) of electric lighting, electrical power, telegraph and telephone lines, gas lines, sewers, water lines, storm drainage (surface or underground) cable television, or any other utilities that the Developer, or Association after Control Transfer Date, sees fit to install (or permit to be installed) in, across and/or under the Property.
ARTICLE It USE RESTRICTIONS Section 3.01 Single Family Residential Construction. No building shall be erected, altered, placed or permitted to remain on any Lot or Composite Building Site other than one dwelling unit per each
NS Section 3.01 Single Family Residential Construction. No building shall be erected, altered, placed or permitted to remain on any Lot or Composite Building Site other than one dwelling unit per each Lot to be used for residential purposes except that one guest/servants house may be built provided said guests/servants house must contain a minimum of 1000 square feet and be approved in writing by the Architectural Control Committee. Detached garages, workshops, cabins, cottages and barns may be constructed on the Lot prior to the main dwelling being built, so long as they are of good construction, kept in good repair, and are not used for residential purposes. A barn apartment may be used for residential purposes only while the main residence is under construction, All dwellings, detached garages, workshops, and barns must be approved in writing by the Architectural Control Committee prior to being erected, substantially altered or placed on the Lot. Once the exterior finish and appearance of a guesthouse or cabin has been completed, the main residence must be built within 15 years. The term "dwelling" does not include single or double wide mobile, or any old or used houses to be moved on the Lot and said used homes are not permitted within the subdivision. All main dwellings on Lots 1-7, 10 & 11 have a 3000 square foot minimum, and Lots 8&9 have a 2000 square foot minimum, excluding porches, and must be built with new construction materials. Any building, structure or improvement commenced on any tract shall be completed as to exterior finish and appearance within twelve (12) months from the commencement date. Separate garage buildings, storage facilities, servants quarters, cabins, cottages and guest houses shall
ted as to exterior finish and appearance within twelve (12) months from the commencement date. Separate garage buildings, storage facilities, servants quarters, cabins, cottages and guest houses shall be of all new material and shall be of equivalent and harmonious construction, design and color to the main residence. All residences must have a minimum two car garage, either attached or detached. There will be no metal siding used on any homes. As used hercin, the term "residential purposes” shall be construed to prohibit mobile homes, trailers, or manufactured homes being placed on said Lots, or the use of said Lots for duplex houses, condominiums, townhouses, garage apartments, or apartment houses; and no Lot shall be used for business, educational, religious or professional purposes of any kind whatsoever, nor for any commercial or manufacturing purposes. Provided, however, an Owner may maintain a home office provided there are no signs or more than thee customers or clients per day visiting the Lot.
Section 3.02 Composite Building Site. Any Owner of one or more adjoining Lots (or portions thereof) may, with the prior written approval of the Architectural Control Committee, consolidate or subdivide such Lots or into one building site or separate sites, with the privilege of placing or constructing improvements on such resulting site(s), in which case the side set back lines shall be measured from the resulting side property lines rather than from the center adjacent Lot lines as indicated on the Plat or survey. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of all Lots in the same block unless the Committee grants a variance.
r survey. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of all Lots in the same block unless the Committee grants a variance.
Notwithstanding any provision in this Declaration, no Lot or subdivided Lot created as a result of this Section 3.02, shall be smaller than two (2) acres, Section 3.03 Location of the Improvements Upon the Lot. All improvements, except fences, shall be set back a minimum of twenty five (25) feet from the front property line adjacent to any street and twenty (20) feet from the side and rear property Lines, except that any barn shall be a minimum of twenty five (25) feet from the side and rear property line, provided, however, as to any tract, the Architectural Control Committee may waive or alter any such setback line if the Architectural Control Committee, in the exercise of the Architectural Control Committee’s sole discretion, deems such waiver or alteration is necessary to permit effective utilization of a tract. For the purpose of this Covenant, eaves, steps and open Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 4 of 20 vol. 1528 pcc4236 ya A actanienimaentiatieetns aan menm# ts met teims ee Hoe eens me mi oot ome Nt ERR AAR RAPALA NANA IO NEE PIAN AAN aA Oras wr Nemo eS Nn Fw ome LE I RN porches shall be considered improvements. Any such waiver or alteration must be in writing and recorded in the Real Property Records of Gillespie County, Texas. All dwellings placed on a Lot must be equipped with septic tank or other sewage disposal system meeting all applicable laws, rules, standards and specifications, and all such dwellings must be served with water and electricity. The main residential
ith septic tank or other sewage disposal system meeting all applicable laws, rules, standards and specifications, and all such dwellings must be served with water and electricity. The main residential structure on any Lot shall face the front of the Lot unless a deviation is approved in writing by the Architectural Control Committee. Within designated easements no improvements shall be placed which may damage or interfere with the installation or maintenance of utilities.
Section 3.04 Residential Foundation Requirements. Minimum finished foundation elevation for all structures shall be above the 100 year flood plain elevation, or such other level as may be established by the Commissioner's Court of Gillespie County, Texas, and other applicable governmental authorities.
All foundations will be approved and sealed by a qualified and registered engineer or a release will be executed and provided to the Architectural Control Committee before concrete foundation pour may begin on any property.
Section 3.05 Driveways. All driveways in the Subdivision shall be constructed of concrete, asphalt, gravel, iron ore or crushed rock. Further, at least the first forty (40) feet of any driveway or entrance to each Lot from the pavement off the street shall be paved with concrete. County requirements must be met on al! construction, including but not limited to culverts.
All driveway culverts will be constructed with a concrete headwall on each end of the culvert and are to be approved by the Architectural Control Committee.
Section 3.06 Mailboxes. All mailboxes shall be of the same type and exterior of the primary residence design, installed by completion of the main residence, placed in a location approved by the
ittee.
Section 3.06 Mailboxes. All mailboxes shall be of the same type and exterior of the primary residence design, installed by completion of the main residence, placed in a location approved by the Architectural Control Committee and shall meet the requirements of the U.S. Postal Authorities. No mailboxes shall be placed on metal or wood poles. During construction of a residence a temporary mailbox will be allowed so long as it meets United States Postal requirements.
Section 3.07 Use of Temporary Structures. No structures of a temporary character, whether trailer, basement, tent, shack, garage, or other outbuilding shall be maintained or used on any Lot at any time as a residence, either temporarily or permanently, provided, however, that Developer reserves the exclusive right on its behalf and that of any Builder owning in excess of ten (10) Lots for the purpose of constructing homes to erect, place and maintain such facilities in or upon any portion of his Lots or Common Areas as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing residences and constructing other improvements within the Subdivision. Such building must contain a minimum of 350 square feet.
Section 3.08 Water Supply. All Lot Owners will be required to drill a private water well as their primary source of water, as long as said well meets state and county requirements. Both tank and pump must be hidden from the street by fence or approved wall. Ifa well is drilled on any Lot, and the ground water supply is inadequate to provide relevant Lots or Subdivision as a whole or any part of Subdivision with enough water necessary for normal water consumption, the Developer will drill additional
d water supply is inadequate to provide relevant Lots or Subdivision as a whole or any part of Subdivision with enough water necessary for normal water consumption, the Developer will drill additional wells on the Lot or Lots at the cost of the Developer. If adequate water is found the Lot Owner will pay for the completion of the well and surface equipment. If not enough water is found for normal water consumption, the Developer shall provide access to public water utility at no extra cost to Lot Owners prior to Control Transfer Date. The Association shall provide such access after Control Transfer Date and impose reasonable and fair fees through Maintenance Charge on affected Lot Owners only.
Section 3.09 Sanitary Sewers. No outside, open or pit type toilets will be permitted in this Subdivision. All dwellings constructed in this Subdivision, prior to occupancy, must have a sewage disposal system installed to comply with the requirements of the appropriate governing agency.
Notwithstanding any of the above, temporary portable toilets are allowed during construction period on the relevant Lot.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 3 of 20 vol. 1528 pacc4237 Section 3.10 Walls and Fences. Wall and fences, if any, must be approved prior to construction by the Architectural Control Committee and shall be not closer to front street property lines than the easement boundary line and no closer than the Lot boundary line to side street lines. Unless otherwise permitted herein, the erection of any wall, fence or other improvements on any easement is prohibited. All fences may be constructed of ornamental iron, wood, vinyl, barb wire or slick wire,
otherwise permitted herein, the erection of any wall, fence or other improvements on any easement is prohibited. All fences may be constructed of ornamental iron, wood, vinyl, barb wire or slick wire, masonry. High game fencing is also acceptable. No fence will exceed eight (8) feet in height. Specifically, no chain link fences will be allowed, except for all approved dog kennels, which must be hidden from the street.
Section 3.11 Prohibition of Offensive Activities. Without expanding the permitted use of the Lots, no activity, whether for profit or not, shall be conducted on any Lot which is not related to single family residential purposes. No noxious offensive activity of any sort shall be permitted nor shall anything offensive be done in the Subdivision. This restriction is waived in regard to customary sales activities required to sell homes in the Subdivision. No exterior speaker, horn, whistle, or bell or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot. The Association, by a majority vote of all Members, shall have discretion to determine what constitutes a nuisance or annoyance, notwithstanding any provisions in Section 9.07.
Section 3.12 Garbage and Trash Disposal. Garbage and trash or other refuse accumulated in this Subdivision shall not be permitted to be dumped at any place upon adjoining land where a nuisance to any residence of this Subdivision is or may be created. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be allowed to accumulate, shal! be kept in sanitary containers and shall be disposed of regularly. All equipment for the storage or disposal of such
or rubbish. Trash, garbage or other waste shall not be allowed to accumulate, shal! be kept in sanitary containers and shall be disposed of regularly. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and hidden from view.
Section 3.13 Junked Motor Vehicles Prohibited. No Lot shall be used as a depository for abandoned or junked motor vehicles. An abandoned or junked motor vehicle is one without a current, valid state vehicle inspection sticker, license plate and valid insurance coverage. No junk of any kind or character, or dilapidated structure or building of any kind or character, shall be kept on any Lot. No accessories, parts or objects used with cars, boats, houses, trucks, trailers, house trailers or the like, shall be kept on any Lot other than in a garage or other structure approved by the Architectural Control Committee.
Section 3.14 Satellite Dishes. Satellite dishes on any property must receive Architectural Control Committee approval before installation. All outside clothes lines are prohibited. All propane tanks, air conditioning units and garbage cans must be hidden from street view.
Section 3.15 Signs. No signs, advertisement, billboard or advertising structure of any kind may be erected or maintained on any Lot without the consent in writing of the Architectural Contro} Committee, except one (1) sign not more than forty-eight inches (48") square, advertising an Owner's Lot for sale or rent. Provided, however, any Builder may maintain reasonable signs on his Lot for the sale of new homes constructed by said Builder. Developer or any member of such Committee shall have the right to remove such sign, advertisement or billboard or structure, which is placed on any Lot in violation of
mes constructed by said Builder. Developer or any member of such Committee shall have the right to remove such sign, advertisement or billboard or structure, which is placed on any Lot in violation of these restrictions.
Section 3.16 Animal Husbandry. Any animals can be maintained on the Lot so long as they do not constitute a nuisance. Each Lot shall be kept clean and in a sanitary and odorless condition.
Section 3.17 Logging and Mineral Development. No derrick or other structures designated for the use of boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 3.18 Drainage. Natural established drainage patterns of streets, Lots or roadway ditches will not be impaired by any person or persons. Driveway culverts will be of sufficient size to afford proper drainage of ditches without backing water up into ditch or diverting flow. The breaking of curbs, if any, for dive installations will be accomplished in a good and workmanlike manner and such break will be re-cemented without hindrance to drainage and such work is subject to the inspection and approval of the Architectural Control Committee.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 6 of 20 vol. 1528 pacc4238 tint canna estate es teenth I met oe ee Loss seo weir SnahnlamanacneanmnnN er Esieneve seman heitmenintc acter mnsAsinAtenmsrninre mt tinty ine mnms sta «ao ork ena eet lanai Section 3.19 Lot Maintenance. All Lots (to specifically include any detention area easements), at Owner's sole cost and expense, shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots shall keep all weeds and grass in cleared open
Owner's sole cost and expense, shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots shall keep all weeds and grass in cleared open yard areas on said Lot cut and shall in no event use any Lot for storage of materials or equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon, and shall not burn any garbage, trash or rubbish. Provided, however, the burning of underbrush and trees during lot clearing shal! be permitted. All yard equipment or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of neighboring Lots, streets or other property. Such maintenance includes, but is not limited to the following: a. Prompt removal of litter, trash, refuse, and wastes b. Lawn mowing (in cleared open yard areas outside of the natural vegetation areas).
o Tree and shrub pruning (outside of the natural vegetation area).
d. Keeping exterior lighting and mechanical facilities in working order.
e. Keeping lawn and garden areas alive, free of weeds, and attractive.
f. Keeping parking areas, walkways and driveways in good repair.
g. Complying with all government health and policy requirements.
h. Repainting of improvements.
i. Repair of exterior damage to improvements.
In the event of the failure of Owner to comply with the above requirements after ten (10) days’ written notice hereof, the Association or their designated agents may seek any and all remedies, either at law or in equity, available for the enforcement of these restrictions, subject to Section 9.07.
itten notice hereof, the Association or their designated agents may seek any and all remedies, either at law or in equity, available for the enforcement of these restrictions, subject to Section 9.07.
Section 3.20 Exterior Maintenance of Building. In the event the Owner of any building in the Subdivision should allow such building to fall into disrepair and become in need of paint, repair or restoration of any name and become unattractive and not in keeping with the neighborhood, the Association will give such owner written notice of such conditions. Fifteen (15) days after notice of such condition to Owner, and failure of Owner to begin and continue at a diligent, reasonable rate of progress to correct such condition, the Association may seek any and all remedies, either at law or in equity, available for the enforcement of these restrictions, subject to Section 9.07.
Section 3.21 Hazardous Waste. No Lot in the Subdivision shall be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept upon any Lot except in sanitary containers. All incinerators or other equipment for the storage and disposal of such materials shall be kept in a clean and sanitary condition. Notwithstanding the foregoing, no Hazardous substance shall be brought onto, installed, used, stored, treated, disposed of or transported over the Subdivision or any Lot therein, and all activities on all Lots shall, at all times, comply with Applicable Law. The term "Hazardous Substance" shall mean any substance which, as of the date hereof, or from time to time hereafter, shall he listed as "hazardous" or "toxic" under the regulations implementing The Comprehensive Environmental
nce" shall mean any substance which, as of the date hereof, or from time to time hereafter, shall he listed as "hazardous" or "toxic" under the regulations implementing The Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9601 et seq, The Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ et seq, or listed as such in any applicable state or local law or which has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under applicable law. The term "Applicable Law" shall include, but shall not be limited to, CERCLA, RCRA, The Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq. The Clean Act, 42 U.S.C. §§ 7401 et seq, and any other local, state and/or federal laws or regulations that Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 7 of 20 VOL. 15284239 govern the existence, cleanup and/or remedy of contamination on property, the protection of the environment from spill deposited or otherwise in place contamination, the contro! of hazardous waste or the usc, generation, transport, treatment, removal or recover of hazardous substances, including building materials.
Section 3.22 View Obstructions. Structures approved by the Architectural Control Committee (or Developer until Control Transfer Date), including but not limited to the main house and the guest house, have precedence as to their existing view(s). If the northern views of approved or existing structures on Lot two are or will be significantly altered, The Architectural Control Committee will notify the affected owners of Lot number two of their intention to approve new structures. The affected Owner(s)
Lot two are or will be significantly altered, The Architectural Control Committee will notify the affected owners of Lot number two of their intention to approve new structures. The affected Owner(s) has the right to appeal against such intention to approve within thirty (30) days and be resolved in accordance with Section 9.07. Nothing in this Section 3.22 affects the Owner’s right to object to the new structures in accordance with Section 9.07 if the Committee did not notify the Owner of their intention to approve the new structure in question. Further, no building or other structure on Lot one or Lot eleven shall exceed thirty (30) feet in height. The determination as to whether views are significantly altered shall be at the sole discretion of the Architectural Control Committee. Notwithstanding any of the above, if a dispute is initiated, the arbitrator will determine if the view is or is not significantly altered.
ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE Section 4.01] Basic Control (a) No building or other improvements of any character shall be erected or placed, or the erection or placing thereof commenced, or substantial changes made in the design or exterior appearance thereof, or any addition or exterior alteration made thereto after original construction, or demolition or destruction by voluntary action made thereto after original construction, on any Lot in the Subdivision until the obtaining of the necessary approval (as hereinafter provided) from the Architectural Control Committee of the construction plans and specifications for the improvements by voluntary action. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument, quality and color of materials, drainage,
cations for the improvements by voluntary action. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument, quality and color of materials, drainage, harmony of external design and color with existing and proposed structure and location with respect to topography and finished grade elevation.
(b) Each application made to the Architectural Control Committee shall be accompanied by two sets of plans and specifications for all purposes construction (initial or alterations) to be done on such Lot, including the drainage plan for the Lot, plot plans showing location and elevation of the improvements on the Lot and dimensions of all proposed walkways, driveways, and all other matters relevant to architectural approval. The address of the Committee shail be the address of the principal office of the Association.
Section 4.02 Architectural Control Committee.
(a) The authority to grant or withhold architectural control approval as referred to above is initially vested in Developer, provided, however, the authority of the Developer shall cease and terminate upon the appointment of the Architectural Control Committee by the majority of Lot Owners, in which event such authority shall be vested in and exercised by the Committee (as provided in [b] below), hereinafter referred to, except as to plans and specifications and plot plans thereto fore submitted to the Developer which shall continue to exercise such authority over all such plans, specifications and plot plans until the Control Transfer Date. The term “Committee” as used in this Declaration, shall mean or refer to the Diamond S Architectural Control Committee composed of members of the Association as applicable.
the Control Transfer Date. The term “Committee” as used in this Declaration, shall mean or refer to the Diamond S Architectural Control Committee composed of members of the Association as applicable.
(b) The Architectural Control Committee is a subcommittee of the Board of Directors. The Architectural Control Committee should act and report to said Board of Directors and not act independently.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page & of 20 yor. 1528 acc4240 (c) At such time as ninety percent (90%) of all the Lots in the Subdivision are conveyed by Developer (from time to time hereafter referred to as the "’Control Transfer Date”), the Developer shall cause an instrument transferring control to the Association to be placed of record in the Real Property Records of Llano County, Texas (which instrument shall include the Control Transfer Date). Thereupon, the Lot Owners shall appoint a committee of three members by a majority vote to be known as the Diamond S§ Ranch Architectural Control Committee. From and after the Control Transfer Date, each member of the Committee must be a Lot Owner of the Subdivision, who is liable to pay Maintenance Charge and in good standing. Additionally, the Developer shall have the right to discontinue the exercise of architectural control privileges and arrange for the transfer to the Association al any time prior to the Control Transfer Date by filing a statement and instrument to such effect in the Real Property Records of Llano County, Texas.
Section 4.03 Effect of Inaction. Approval or disapproval as to architectural control matters as set forth in the preceding provisions of this Declaration shall be in writing. In the event that the
as.
Section 4.03 Effect of Inaction. Approval or disapproval as to architectural control matters as set forth in the preceding provisions of this Declaration shall be in writing. In the event that the authority exercising the prerogative of approval or disapproval (whether the Developer or the Committee) fails to approve or disapprove in writing any plans and specifications and plot plans received by it in compliance with the preceding provisions within thirty (30) days following such submission, such plans and specifications and plot plan shall be deemed approved and the construction of any such building and other improvements may be commenced and proceeded with in compliance with all such plans and specifications and plot plan and all of the other terms and provisions hereof.
Section 4.04 Effect, The granting of the aforesaid approval (whether in writing or by lapse of time) shall constitute only an expression of opinion by the Committee that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and specifications and plot plan; and such approval shall not constitute any nature of waiver or estoppel either as to the persons expressing such approval or any other person in the event that such building and/or improvements are not constructed in accordance with such plans and specifications and plat plan, but, nevertheless, fail to comply with the provisions hereof. Any person or persons exercising any prerogative of approval or disapproval have the duty to act in good faith for the benefit of Lot Owners.
Section 4.05 Minimum Construction Standards. The Committee (or the Developer until Control Transfer Date) may from time to time promulgate an outline of minimum construction
the benefit of Lot Owners.
Section 4.05 Minimum Construction Standards. The Committee (or the Developer until Control Transfer Date) may from time to time promulgate an outline of minimum construction standards; provided, however, that such outline will serve as a minimum guideline only and such Committee or Developer shall not be bound thereby.
Section 4.06 Variance.
(a) The Committee (or the Developer until Control Transfer Date), may authorize variances from compliance with any of the provisions of this Declaration or minimum acceptable construction standards or regulations and requirements as promulgated from time to time by the Committee (or the Developer until Contro! Transfer Date), when circumstances such as topography, natural obstructions, Lot configuration, Lot size, hardship, aesthetic or environmental considerations may require a variance. ‘The Developer or the Committee reserve the right to grant variances as to building set- back lines and other items. Such variances must be evidenced in writing and shall become effective when signed by the Developer or by at least a majority of the members of the Committee. If any such variances are granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance is granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular Lot and particular provisions hereof covered by the variance, nor shall the granting of any variance affect in any way the Owner's obligation to comply with all governmental Laws and regulations affecting the Lot concerned and the Plat or survey. This Section 4.06 is subject to Section 4.06 (b).
ance affect in any way the Owner's obligation to comply with all governmental Laws and regulations affecting the Lot concerned and the Plat or survey. This Section 4.06 is subject to Section 4.06 (b).
(b) All current Lot Owners shall be notified of the proposed variance as per Section 4.06. If any Owner disputes the variance within twenty (20) days, the variance shall not be made unless it passes the majority vote of all Lot Owners, who are subject to Maintenance Charge. There is one Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 9 of 20 yor 1D 28mcr4244 vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote.
ARTICLE V WATER RIDGE PROPERTY OWNERS ASSOCIATION Section 5.01 Membership. Every person or entity who is an Owner of any Lot in Diamond S Subdivision, which is subject to the Maintenance Charge and other assessments provided herein, including contract buyers, shall be a "Member" of the Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation or those having only an interest in the mineral estate. No Owner shall have more than one membership for each Lot owned by such Member. Memberships shall be appurtenant to and may not be separated from the ownership of the Lots. Regardless of the number of persons who may own a Lot (such as husband and wife, or joint tenants, etc.) there shall be but one membership for each Lot. The Directors of the Association shall not be Members of the Association unless they are Lot Owners liable to pay
band and wife, or joint tenants, etc.) there shall be but one membership for each Lot. The Directors of the Association shall not be Members of the Association unless they are Lot Owners liable to pay Maintenance Charge and other assessments provided herein. Ownership of the Lots and liability to pay Maintenance Charge shall be the sole qualifications of membership. The voting rights of the Members are set forth in the Bylaws of the Association.
Section 5.02 Non-Profit Corporation. Water Ridge Property Owners Association, Inc., a nonprofit corporation, has been (or will be) organized and it shall be governed by the Articles of Incorporation and Bylaws of said Association; and all duties, obligations, benefits and rights hereunder in favor of the Association shall vest in said corporation.
Section 5.03 Bylaws. The Association has adopted or may adopt whatever Bylaws it may choose to govern the organization or operation of the Subdivision and the use and enjoyment of the Lots and Common Areas, provided that the same are not in conflict with the terms and provisions hereof.
ARTICLE VI MAINTENANCE FUND Section 6.01 Maintenance Fund Obligation. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association an annual maintenance charge (the "Maintenance Charge”), and any other assessments or charges hereby levied.
Section 6.02 Basis of Maintenance Charge (a) The Maintenance Charge referred to shall be used to create a fund to be known as the "Maintenance Fund," which shall be used as herein provided; and each such Maintenance Charge of $300.00 per year, unless changed by the Association, (except as otherwise hereinafter provided) shall
he "Maintenance Fund," which shall be used as herein provided; and each such Maintenance Charge of $300.00 per year, unless changed by the Association, (except as otherwise hereinafter provided) shall be paid by the Owner of each Lot (or Composite Building Site) to the Association annually, in advance, on or before the first day of January of each calendar year, beginning with the first day of January 2009, unless the Control Date described in 4.02(c) of this Declaration is earlier, then the charges will begin on the Control Date, or on such other basis (monthly, quarterly or semi-annually) as the Members the Association may designate in their sole discretion. Provided, however, in the event an Owner obtains consent from the Committee for a Composite Building Site pursuant to Section 3.02 hereof, such Composite Building Site shall he considered for the Maintenance Charge as one Lot beginning upon the completion of the improvements thereon. If the Lot is purchased during the year, the Maintenance Charge shall be apportioned accordingly, so the Owner is liable to pay such Charge for the remaining months in that year only.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 10 of 20 VOL. 45284242 HOOD PEON PL RATRD RAE ear Oh wk mins Sree Gene May omare Ren *9 sass 5: ” ae a et (b) Any Maintenance Charge not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same. No Owner may waive or otherwise escape liability for the Maintenance by the abandonment of his Lot.
(c) The exact amount of the Maintenance Charge applicable to each Lot will be determined by the
ame. No Owner may waive or otherwise escape liability for the Maintenance by the abandonment of his Lot.
(c) The exact amount of the Maintenance Charge applicable to each Lot will be determined by the Developer, or the Board of Directors of the Association upon the Control Transfer Date, on an annual basis. All other matters relating to the Maintenance Charge and the collection, expenditures and administration of the Maintenance Fund shall be determined by the Developer or the Board of Directors of the Association after the Control Transfer Date, acting reasonably and in good faith, subject to the provisions hereof. Maintenance Charges and other assessments have to be reasonable and fair. The Lot Owner will only be charged a fair proportion of the costs resulting directly from maintaining their property, in proportion with all other Lots. The Lot Owner will not be liable to pay increased Maintenance Charge or any other assessment resulting from any improvements, any construction whatsoever on, or easements affecting Common Areas or other Lots, including but not limited to construction of common roads or creation of easements not affecting the relevant Owner’s Lot. After the Control Transfer Date the Owner can be charged reasonable fees, in proportion with all other Lots, as determined by the Association, acting in good faith, where the Owner will have a vote on the issues affecting increase in Maintenance Charges or any other assessments.
(d) The Maintenance Charge described in this Article V1 and other charges or assessments described in this Declaration shall apply to the Lots owned by the Developer. The Developer, prior to the Control Transfer Date, and the Association, from and after the Control Transfer Date, reserve the right at all
s Declaration shall apply to the Lots owned by the Developer. The Developer, prior to the Control Transfer Date, and the Association, from and after the Control Transfer Date, reserve the right at all times in their own judgment and discretion to exempt any Lot ("Exempt Lot") in the Subdivision from the Maintenance Charge in accordance with Section 6.07 hereof. If an Exempt Lot is sold to any party, the Maintenance Charge shall be automatically reinstated as to the Exempt Lot and can only be waived at a later date pursuant to the provisions of the preceding sentence. The Developer, prior to the Control Transfer Date, and the Association, from and after the Control Transfer Date, shall have the further right at any time, to adjust or alter said Maintenance Charge as it deems proper to meet the reasonable operating expenses and reserve requirements of the Association in order for the Association to carry out its duties hereunder.
Section 6.03 In the event of non-payment of Maintenance Charge or any other charges and assessments, the Association, or the Developer until Control Transfer date may, after reasonable notice, may commence dispute resolution proceedings for recovery of debt against the Owner or Developer in default, as provided in Section 9.07.
Section 6.04 Purpose of the Maintenance Charge. The Maintenance Charge levied by the Developer or the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the Owners of the Subdivision and other portions of the Annexable Area, which hereafter may become subject to the jurisdiction of the Association. In particular, the Maintenance Charge shall be used for any improvement or services in furtherance of these purposes and the performance of the
y become subject to the jurisdiction of the Association. In particular, the Maintenance Charge shall be used for any improvement or services in furtherance of these purposes and the performance of the Association's duties described in Article VII, including the maintenance of the Common Areas, any Drainage Easements, Utility Easements and the establishment and maintenance of a reserve fund for maintenance. The Maintenance Fund may be expended by the Association, or the Developer until Control Transfer Date, for any purposes which, in the judgment of the Association, will tend to maintain the property values in the Subdivision, including, but not limited to, providing funds for the actual cost to the Association of all taxes, insurance, repairs, energy charges, replacement and maintenance of the Common Area or easements or the enforcement of these Restrictions as may from time to time be authorized by the Association. Except for the Association's use of the Maintenance Charge to perform its duties described in this Declaration and in the Bylaws, the use of the Maintenance Charge for any of these purposes is permissive and not mandatory. It is understood that the judgment of the Association as to the expenditure of said funds shall be final and conclusive so long as such judgment is exercised reasonably and in good faith and in accordance with these Restrictions and any Bylaws and Articles of Incorporation.
Dectarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page II 5"4 9 vo, 1528 paced A UPEEN temme wen ew i ee eee tlt tne beater centers heme opomee nima natin tentienetaiee cis HN seta et abdntnn dt ane ceR RRND BNL RII in ahi ie eat i Ne Section 6.05 Exempt Property. The following property subject to this Declaration shall be
centers heme opomee nima natin tentienetaiee cis HN seta et abdntnn dt ane ceR RRND BNL RII in ahi ie eat i Ne Section 6.05 Exempt Property. The following property subject to this Declaration shall be exempt from the Maintenance Charge and all other charges and assessments created herein: (a) all properties owned by the Developer of the Association; (b) all properties dedicated to and accepted by a local public authority; (c) any Common Area; and (d) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas; however, no land or improvements devoted to dwelling use shall be exempt from said Maintenance Charge.
Section 6.06 Handling of Maintenance Charges. The collection and management of the Maintenance Charge or other charge or assessment levied hereunder, shall be performed by the Developer until the Control Transfer Date, at which time the Developer shall deliver to the Association all funds on hand together with all books and records of receipt and disbursements. The Developer and, upon transfer, the Association, shall maintain separate special accounts for these funds, and Owners shall be provided at least annually, information on the Maintenance Fund, including but not limited to financial statements in an annual or quarterly report(s) upon request. The Developer or the Association may charge reasonable copying and administrative fees for documents not normally produced.
ARTIVLE VII DEVELOPERS RIGHTS AND RESERVATIONS Section 7.01 Period of Developer’s Rights and Reservations. Developer shall have, retain and reserve certain rights as hereinafter set forth with respect to the Association and the Common Area
VATIONS Section 7.01 Period of Developer’s Rights and Reservations. Developer shall have, retain and reserve certain rights as hereinafter set forth with respect to the Association and the Common Area from the date hereof, until the earlier to occur of (i) the Control Transfer Date or (ii) the date of Developer's wrilten notice to the Association of Developer's termination of the rights described in Article VII hereof.
The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each conveyance of a Lot by Developer to an Owner whether or not specifically stated therein and in each deed or other instrument by which any property within the Common Area is conveyed by Developer. The rights, reservations and easements hereafter set forth shall be prior and superior to any other provisions of this Declaration and may not, without Developer's prior written consent, be modified, amended, rescinded or affected by any amendment of this Declaration. Developer's consent to any one such amendment shall not be construed as consent to any other or subsequent amendment.
Section 7.02 (a) Right to Construct Additional Improvements in Common Area. Developer shall have and hereby reserves the right (without the consent of any other Owner, subject to Section 7.02 (c)), but shall not be obligated, to construct additional improvements within the Common Area or any Lot not owned by the Owner at any time and from time to time in accordance with this Declaration for the improvement and enhancement thereof and for the benefit of the Association and Owners, so long as such construction does not result in the increase of such Maintenance Charge or any other charge or assessment. Developer shall, upon the control Transfer Date, convey or transfer such
ers, so long as such construction does not result in the increase of such Maintenance Charge or any other charge or assessment. Developer shall, upon the control Transfer Date, convey or transfer such improvements to the Association and the Association shall be obligated to accept title to, care for and maintain the same as elsewhere provided in this Declaration.
(b) Examples of matters not subject to Maintenance Charge prior to Control Transfer Date. The Developer cannot raise, adjust or alter Maintenance Charge or any other charge or assessment for the following: - Construction of any roads on the Common Areas or any other Lots not owned by the Owner, including but not limited to the main road leading to Diamond S ranch or any Annexable Area; - Creation of new easements relating to the Common Area or any Lot in the Diamond § ranch or any Annexable Areas, other than the Lot owned by the Owner; - Any new construction whatsoever relating to Common Area or any Lot in the Diamond § ranch or any Annexable Area; - Any advertising by Developer.
(c) Limitation on Right to Construct Additional Improvements. If any improvements in Section 7.02 (a) will lead to increase in Maintenance Charge or any other fees on Control Transfer Date, there must be a majority vote to construct such improvements by all Owners liable to pay increased Maintenance Charge as a result. There is one vote for each Lot; any Owners who hold multiple Lots only have one Declarations af Covenants, Conditions, and Restrictions Diamond S Ranch Page 12 of 20 VOL. 15284244 vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote, Section 7.03 Developer's Rights to use a Lot or Common Areas in Promotion and Marketing
; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote, Section 7.03 Developer's Rights to use a Lot or Common Areas in Promotion and Marketing of the Property and Annexable Area. Developer shall have and hereby reserves the right to reasonable use of any Lot owned by the Developer or Common Area and of services offered by the Association in connection with the promotion and marketing of land within the boundaries of the Property and Annexable Arca. Without limiting the generality of the foregoing, Developer may erect and maintain on any part of the Lot owned by the Developer or Common Area such signs, temporary buildings and other structures as Developer may reasonably deem necessary or proper in connection with the promotion, development and marketing of land within the Property and Annexable Area; may use vehicles and equipment within the Lot owned by the Developer or Common Area for promotional purposes; and may permit prospective purchasers of property within the boundaries of the Property, apart from the Lots not owned by the Developer, and Annexable Area, who are not Owners or Members of the Association, to use the Lot owned by the Developer or Common area at reasonable times and in reasonable numbers: and may refer to the services offered by the Association in connection with the Development, promotion and marketing of the Property and Annexable Area.
Section 7.04 (a) Developer’s Rights to Grant and Create Easements. Developer shall have and hereby reserves the right, without the consent of any other Owner, subject to Sections 2.02, 7.04 (b), 7.04 (c), to grant or create temporary or permanent easements, for access, utilities, pipeline easement, cable
es the right, without the consent of any other Owner, subject to Sections 2.02, 7.04 (b), 7.04 (c), to grant or create temporary or permanent easements, for access, utilities, pipeline easement, cable television systems, communication and security systems, drainage, water and other purposes incident to development, sale, operation and maintenance of the Subdivision, located, in, on, under, over and across (i) the Lots or other property owned by Developer, (ii) the Common Area, and (ili) existing utility easements. Developer also reserves the right, without consent of any other Owner or the Association, subject to Sections 7.04 (b) and 7.04 (c), to (i) grant or create temporary or permanent easements for access over and across the streets and roads within the Subdivision to and from any public road for the benefit of Owners of Lots, regardless of whether the beneficiary of such easements owns property which is hereafter made subject to the jurisdiction of the Association and (ii) permit owners of property within the Annexable Area which is not made subject to the jurisdiction of the Association to use the recreational facilities of the Association and other Common Area, including any lake or pond, provided that said owners pay to the Association their proportionate share of the cost of operating and maintaining said recreational facilities and Common Areas.
(b) Limitation on Right to Grant and Create Easements. If any easements in Section 7.04 (a) will lead to increase in Maintenance Charge or any other fees, there must be a majority vote to create such easements by all Owners liable to pay increased Maintenance Charge as a result. There is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their
o create such easements by all Owners liable to pay increased Maintenance Charge as a result. There is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote.
(c) Lot Owner’s Consent, Nothing in Sections 7.04 (a) and 7.04 (b) affects the provisions in Section 2.02, specifically the Lot Owner’s written consent to creation of easement on his Lot and the right to compensation.
Section 7.05 Annexation of Annexable Areas. Additional residential property and common areas outside of the Subdivision including, without limitation, the Annexable Area, may, at any time and from time to time, be annexed by the Developer into the real property which becomes subject to this Declaration of Covenants, Conditions and Restrictions and the jurisdiction and benefit of the Association, without the consent of the Owners or any other party. The owners of tracts in such annexed property, as well as all other Owners subject to the jurisdiction of the Association, shall be entitled to the use and benefit of all Common Areas that are or may become subject to the jurisdiction of the Association, provided that such annexed property is impressed with this Declaration of Covenants, Conditions and Restrictions including the payment of the same Maintenance Charge imposed hereby.
ARTICLE VIII Declarations of Covenants. Conditions, and Restrictions Diamond S Ranch Page 13 of 20 vol. 1528 pacc4240 DUTIES AND POWERS OF THE PROPERTY OWNERS’ ASSOCIATION Section 8.01 General Duties and Powers of the Association. The Association has been formed to further the common interest of the Members. The Association, acting through the Board of
NERS’ ASSOCIATION Section 8.01 General Duties and Powers of the Association. The Association has been formed to further the common interest of the Members. The Association, acting through the Board of Directors or through persons to whom the Board of Directors has delegated such powers (and subject to the provisions of the Bylaws), shall have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interest of the Members, to maintain, improve and enhance the Common Areas and to improve and enhance the attractiveness, desirability and safety of any Sections of the Subdivision and any portion of the Annexable Area which becomes subject to the jurisdiction of the Association. The Association shall have the authority to act as the Agent to enter into any contracts on behalf of the Members in order to carry out the duties, powers and obligations of the Association as set forth in this Declaration.
Section 8.02 Duty to Accept the Property and Facilities Transferred by Developer. The Association shall accept title to any property, including any improvements thereon and personal property transferred to the Association by Developer, and equipment related thereto, together with the responsibility to perform any and all administrative functions and recreation functions associated therewith (collectively herein referred to as "Functions"), provided that such property and Function are not inconsistent with the terms of this Declaration. Property interests transferred to the Association by Developer may include fee simple title, easements, leasehold interests and licenses to use such property. Any property or interest in
Declaration. Property interests transferred to the Association by Developer may include fee simple title, easements, leasehold interests and licenses to use such property. Any property or interest in property transferred to the Association by Developer shall be within the boundaries of the Property or Annexable Arca. Any property or interest in property transferred to the Association by Developer shall, except to the extent otherwise specifically approved by resolution of the Board of Directors, be transferred to the Association free and clear of all liens and mortgages (other than the lien for property taxes and assessments not then due and payable), but shall be subject to the terms of this Declaration, the terms of any declaration of covenants, conditions and restrictions annexing such property to the Common Area, and all easements, covenants, conditions, restrictions and equitable servitude or other encumbrances which do not materially affect the Owners authorized to use such property. Except as otherwise specifically approved by resolution of the Board of Directors, no.property or interest in property transferred to the Association by the Developer shall impose upon the Association any obligation to make monetary payments to Developer or any affiliate of Developer including, but not limited to, any purchase price, rent, charge or fee. The property or interest in property transferred to the Association by Developer shall not impose any burdens of ownership of property, including the management maintenance, replacement and operations thereof.
Section 8.03 Other Insurance Bonds. The Association shall obtain such insurance as may be required by law, including workmen's compensation insurance, and shall have the power to obtain such
thereof.
Section 8.03 Other Insurance Bonds. The Association shall obtain such insurance as may be required by law, including workmen's compensation insurance, and shall have the power to obtain such other insurance and such fidelity, indemnity or other bonds as the Association shall deem necessary or desirable.
Section 8.04 Duty to Prepare Budgets. The Association shall prepare budgets for the Association, which budgets shall include a reserve fund for the maintenance of any Common Areas.
Section 8.05 Duty to Levy and Collect the Maintenance Charge. The Association shall levy, collect and enforce the Maintenance Charge and other charges and assessments as elsewhere provided in this Declaration.
Section 8.06 Duty to provide Annual Review. The Association shall provide for an annual unaudited independent review of the accounts of the Association. Copies of the review shail be made available to any Member who requests a copy of the same upon payment by such Member of the reasonable cost of copying the same.
Section 8.07 Duties with Respect to Architectural Approvals. The Association shall perform functions to assist the Committee as elsewhere provided in Article 1V of this Declaration.
Section 8.08 Power to Acquire Property and Construct Improvements.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 14 of 20 yor. 152.8 rnck 4246 me NRE ane a nae een an hot earaanaas aadane au tag NAGA A eth AAA ANH ALGAE A tele’ fe pment ee (a) The Association may acquire property or an interest in property (including leases) for the common benefit of Owners including improvements and personal property. The Association may construct improvements on the Property and may demolish existing improvements.
rty (including leases) for the common benefit of Owners including improvements and personal property. The Association may construct improvements on the Property and may demolish existing improvements.
(b) Limitation on Power to Acquire Property and Construct Improvements. If any purchases, improvements, or demolitions in Section 8.08 (a) will lead to increase in Maintenance Charge or any other fees, there must be a majority vote to create such easements by all Owners liable to pay increased Maintenance Charge as a result. There is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote.
Section 8.09 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal and enforce rules and regulations (‘Rules and Regulations"), fines, levies and enforcement provisions as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, the use and enjoyment of the Common Areas, and the use of any other property, facilities or improvements owned or operated by the Association.
Section 8.10 Power to Enforce Restrictions and Rules and Regulations. The Association (and any Owner with respect only lo the remedies described in (ii) below) shall have the power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action, as the Board of Directors deems necessary or desirable to cause such compliance by each Member and each Related User.
Without limiting the gencrality of the foregoing, the Association shall have the power to enforce the
ectors deems necessary or desirable to cause such compliance by each Member and each Related User.
Without limiting the gencrality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and of Rules and Regulations of the Association by the means stated in Section 9.07, Section 8.11 Power to Grant Easements.
(a) In addition to any blanket easements described in this Declaration, the Association shall have the power to grant access, utility, drainage, water facility and other such easements in, on, over or under the Common Area, subject to Section 8.11 (b) and 8.11 (c). Additionally, the Association, from and after the Control Transfer Date, shall have the power to grant access, utility, drainage, water facility and other similar easements in, on, over and under Lots provided that such easements do not unreasonably interfere with the rights of the Owner of such Lots.
(b) Limitation on Right to Grant and Create Easements. If any easements in Section 8.11 (a) will lead to increase in Maintenance Charge or any other fees on Control Transfer Date, there must be a majority vote to create such easements by the Owners liable to pay increased Maintenance Charge as a result. There is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote.
(c) Nothing in this Section 8.11 affects the provisions in Section 2.02, specifically the Lot Owner’s written consent to creation of easement and the right to compensation.
(d) The title to easements created by Association lies with Association.
Section 8.12 Power to Convey and Dedicate Property to Government Agencies. The
ation of easement and the right to compensation.
(d) The title to easements created by Association lies with Association.
Section 8.12 Power to Convey and Dedicate Property to Government Agencies. The Association shall have the power to grant, convey, dedicate or transfer any Common Areas or facilities to any public or governmental agency or authority for such purposes and subject to such terms and conditions as the Association shall deem appropriate, which power may be exercised (i) prior to the Control Transfer Date by the Board of Directors and (ii) from and after the Control Transfer Date by the Association, with the approval of not less than two-thirds (2/3rds) of the Members agreeing in writing or by voting at any scheduled meeting of the Members and with the prior written approval of the Developer. The Association may, subject to the limitations of the preceding sentence, convey property to a public or governmental agency or authority in lieu of such property being condemned by such public or governmental agency or authority.
Section 8.13 Composition of The Board of Directors. On Control Transfer Date the Members of the Association shall elect the Board of Directors to act on behalf of Association. The Board shall consist of three (3) members, who shall be elected by a majority vote of all Owners, who are liable to pay Maintenance Charge. There is one vote for each Lot; any Owners who hold multiple Lots only have one Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 15 of 20 yor. 15 28 Pace 4 247 1 no un Hh RRL Re MNO NR IRA DM tines: rhb 1 Vr aE a ce a TE STDS iA LOTS SND res 0 Ww vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vole.
ARTICLE 1X GENERAL PROVISIONS
ines: rhb 1 Vr aE a ce a TE STDS iA LOTS SND res 0 Ww vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vole.
ARTICLE 1X GENERAL PROVISIONS Section 9.01 Term. The provisions hereof shail run with all property in the subdivision and shall be binding upon all Owners and all persons claiming under them for a period of forty (40) years from the date this Declaration is recorded, after which time said Declaration shal! be automatically extended for successive periods of ten (10) years each, unless an instrument, signed by not less than two-thirds (2/3rds) of then Owners (including the Developer, if the Developer owns any Lots on that date) of the Lots, who are liable to pay Maintenance Charge, has been recorded agreeing to amend or change, in whole or in part, this Declaration.
Section 9.02 Amendments.
(a) This Declaration may be amended or changed, in whole or in part, at any time by the written agreement or signed ballot of Owners (including the Developer if the Developer owns any Lots on that date) entitled to cast not less than two-thirds (2/3rds) of the votes of all of the Owners. If the Declaration is amended by a written instrument signed by those Owners entitled to cast not less than two-thirds (2/3rds) of all of the votes of the Owners of the Association, such amendment must be approved by said Owners within three hundred sixty-five (365) days of the date the first Owner executes such amendment. The date an Owner's signature is acknowledged shall constitute prima facie evidence of the date of execution of said amendment by such Owner. Those Members (Owners, including Developer if the Developer owns any Lots on that date) entitled to cast not less
stitute prima facie evidence of the date of execution of said amendment by such Owner. Those Members (Owners, including Developer if the Developer owns any Lots on that date) entitled to cast not less than two-thirds (2/3rds) of all of the votes of the Members of the Association may also vote to amend this Declaration, in person, or by proxy, at a meeting of the Members (Owners, including the Developer if the Developer owns any Lots on that date) duly called for such purpose, written notice of which shall be given to all Owners at least ten (10) days and not more than sixty (60) days in advance and shall set forth he purpose of such meeting. Notwithstanding any provision contained in the Bylaws to the contrary, a quorum, for purposcs of such meeting, shall consist of not less than seventy percent (70%) of all of the Members (in person or by proxy) entitled to vote.
Any such amendment shall become effective when an instrument is filed for record in the Real Property Records of Gillespie County, Texas, accompanied by a certificate, signed by a majority of the Board of Directors, stating that the required number of Members (Owners, including the Developer if the Developer owns any Lots on that date) executed the instrument amending this Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose. Copies of the written ballots pertaining to such amendment shall be retained by the Association for a period of not less than three (3) years after the date of filing of the amendment or termination.
(b) Members eligible to vote. Notwithstanding any provisions in Section 9.02 (a) above, only members of the Association who are Lot Owners, who are liable to pay Maintenance Charge, can
r termination.
(b) Members eligible to vote. Notwithstanding any provisions in Section 9.02 (a) above, only members of the Association who are Lot Owners, who are liable to pay Maintenance Charge, can vote on the matters referred to in Section 9.02 (a). There is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote.
Section 9.03 (a) Amendments by the Developer. The Developer shall have the right at any time and from time to time prior to the Control Transfer Date, with consent of seventy five per cent (75%) of the Owners who are liable to pay Maintenance Charge, subject to Section 9.03 (b), to amend this Declaration by an instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammatical error, oversight, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration and shal! not impair or adversely affect the vested property or other rights of any Owner or his mortgagee.
Additionally, Developer shall have the right at any time and from time to time prior to the Control Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 16 of 20 vor. 1528 pncc4248 m2 chatctantn a ae AAAA ARR RED AONENSS GN SATIS URS 18 YEAR An + ny Transfer Date, with consent of seventy five per cent (75%) of the Owners who are liable to pay Maintenance Charge, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits
re liable to pay Maintenance Charge, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits from technological advances, such as security, communications or energy-related devices or equipment which did not exist or were not in common use in residential subdivisions at the time this Declaration was adopted. Likewise, the Developer shall have the right at any time and from time to time prior to the Control Transfer Date, with consent of seventy five per cent (75 %) of Owners who are liable to pay Maintenance Charge, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of prohibiting the use of any device or apparatus developed and for available for residential use following the date of this Declaration if the use of such device or apparatus will adversely affect the Association or will adversely affect the property values within the Subdivision.
(b) Voting on amendments. The amendments referred to in Section 9.03 (a) above must be voted on by all Owners other than Developer, who are liable to pay Maintenance Charge. The Developer must give reasonable notice of the vote to all Owners entitled to vote in writing, which shall include the proposed amendments. The Owners shall submit their vote in writing. No associate of Developer or Developer’s connected party shall be entitled to vote to amend any part of this Declaration.
Section 9.04 Severability. Each of the provisions of this Declaration shall be deemed independent and severable and the invalidity or unenforceability or partial invalidity or partial
his Declaration.
Section 9.04 Severability. Each of the provisions of this Declaration shall be deemed independent and severable and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision.
Section 9.05 Mergers and Consolidations. The Association may participate in mergers and consolidations with other non-profit corporations organized for the same purposes, provided that (i) prior to the Control Transfer Date any such merger or consolidation shall be approved (in writing or at a meeting duly called for such purpose) by two-thirds (2/3rds) of the Directors and (ii) from and after the Control Transfer Date any such merger or consolidation shall have the consent (in writing or at a meeting duly called for such purpose) of those Maintenance Fee paying Members entitled to cast not less than two- thirds (2/3rds) of the votes of all of the Members (there is one vote for each Lot; any Owners who hold multiple Lots only have one vote; any Owners and their associates or connected parties, who together hold more than one Lot, only have one vote) of the Association and the Developer.
Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, the properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association, or alternatively, the properties, rights and obligations of the other association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to the merger. The surviving or consolidated Association
association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to the merger. The surviving or consolidated Association will be subject to the covenants and restrictions established by this Declaration within the Subdivision, together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants and restrictions established by this Declaration, except as changed by amendment of this Declaration. In the event of any inconsistency between the terms and provisions of this Declaration and the terms and provisions of any of the merger or consolidation documents, the terms and provisions of this Declaration shall control.
Section 9.06 Owner’s Right to Exclude Anyone from His Property. Notwithstanding anything in this Declaration, Lot Owner has the right to exclude anyone from his property, as permitted by law. No person, including but not limited to the Developer or other Lot Owners shall enter on the relevant Lot Owner's property without his permission. This Section 9.06 is subject to provisions in Section 9.07.
Section 9.07 Dispute Resolution Procedure. Any disputes resulting from any of the provisions of this Declaration shall be decided as follows: Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 17 of 20 vor. 1528 pace4249 cmt enraneioe an aReaeD el aldara eat ee aD ReaD PRION OS APA SNS WAC #00" se - Before the Board, Lot Owners, Developer or any other persons eligible to bring appropriate actions, they shall give registered notice of the alleged violation to Owner, and shall afford the Owner a hearing.
the Board, Lot Owners, Developer or any other persons eligible to bring appropriate actions, they shall give registered notice of the alleged violation to Owner, and shall afford the Owner a hearing.
- If, after the hearing, a violation is found to exist, the Association acting through the majority of the Board, shall determine the appropriate remedy. If either party does not appeal the decision within two (2) weeks, such decision becomes final.
- If the Board’s decision is appealed, the matter must go to independent non-binding arbitration. If either party does not appeal the decision within two (2) weeks, such decision becomes final.
- If the non-binding arbitration process fails, the matter can proceed to be heard by an appropriate court of law as a last resort.
Each day a violation continues shall be deemed a separate violation. Failure of the Association, the Developer, or of any Owner to take any action upon any breach of default with respect to any of the foregoing violations shall not be deemed a waiver of their right to take enforcement action thereafter or upon a subsequent breach or default.
The Owner, who is found in violation of any provisions by an independent arbitrator or court, cannot prevent Members of Association, their agents or any other appropriate persons, from entering his property to remedy the violation. In such an event there will be no liability for trespass and the relevant Owner will be liable for any costs to remedy the violation.
The losing party will pay all reasonable costs of the other party in connection with the arbitration and/or court litigation under this Section 9.07, unless otherwise agreed by both parties.
Section 9.08 Liberal Interpretation. The provisions of this Declaration shall be liberally
ith the arbitration and/or court litigation under this Section 9.07, unless otherwise agreed by both parties.
Section 9.08 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration.
Section 9.09 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of the Owners, the Developer and the Association, and their respective heirs, legal representatives, executors, administrators, successors and assigns.
Section 9.10 Effect of Violations on Mortgages. No violation of the provisions herein contained, or any portion thereof, shall affect the lien of any mortgage or deed of trust presently or hereafter placed of record or otherwise affect the rights of the mortgagee under any such mortgage, title holder of any such lien or beneficiary of any such deed of trust and any such mortgage, lien, or deed of trust may, nevertheless, be enforced in accordance with its terms, subject, nevertheless, to the provisions herein contained.
Section 9.11 Terminology. All personal pronouns used in this Declaration and all exhibits attached hereto, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shal] include the plural and vice versa. Title of Articles and Sections are for convenience only and neither limit nor amplify the provisions of this Declaration itself. The terms "herein," "hereof? and similar terms, as used in this instrument, refer to the entire agreement and are not limited to referring only to the specific paragraph, section or article in which such terms appear. All references in this Declaration to Exhibits shall refer to the Exhibits attached hereto.
Section 9.12
ted to referring only to the specific paragraph, section or article in which such terms appear. All references in this Declaration to Exhibits shall refer to the Exhibits attached hereto.
Section 9.12 Annexation of Additional Property. Association, or Declarant before Control Transfer Date, may cause additional real property to be annexed to the Property, by causing written Annexation Declaration confirming the annexation thereof, adopting these Restrictions, to be placed of record in the Official Public Records of Llano County, Texas, subject to Section 9.10 (b). At that point the annexed property shall become a part of this Development. Thereafter the Association shall be the Association for the entirety of the Development, the same as if the Property were included in the first instance. The Owner of the Annexed Property shall be subject to these Restrictions and shall be a member of the Association and shall be entitled to all of the rights and benefits provided to other members by this Declaration. The common areas may be available to and used by the owners of any future property or lots annexed pursuant to this section.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch ~ Pag 4 8 5 % 0 VOL. LO2Space4 Zo Section 9,13 Developer’s Rights and Prerogative. Prior to the control Transfer Date, the Developer may file a statement in the Real Property Records of Llano County, Texas, which expressly provides for the Developer's (i) discontinuance of the exercise of any right or prerogative provided for in this Declaration to be exercised by the Developer or (ii) assignment to any third party owning property in the Subdivision or Annexable Area, one or more of Developer's specific rights and prerogatives provided in
ion to be exercised by the Developer or (ii) assignment to any third party owning property in the Subdivision or Annexable Area, one or more of Developer's specific rights and prerogatives provided in this Declaration to be exercised by Developer. he assignee designated by Developer to exercise one or more of Developer's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier to occur of the (i) Control Transfer Date or (ii) date that said assignee files a statement in the Real Property Records of Gillespie County, Texas, which expressly provides for said assignee's discontinuance of the exercise of said right or prerogative. From and after the date that the Developer discontinues its exercise of any right or prerogative hereunder and/or assigns its right to exercise one or more of its rights or prerogatives to an assignee, the Developer shall not incur any liability to any Owner, the Association or any other party by reason of the Developer's discontinuance or assignment of the exercise of said right(s) or prerogative(s). Upon the Developer's Assignment of its rights as of the Transfer Control Date to the Association, the Association shall be entitled to exercise all the rights and prerogatives of the Developer.
Section 9.12 Electric Utility Services. Prior to beginning any construction on a Lot, each Lot Owner, at his expense, shall be required to install underground electric service lines from the transformer or source of feed to the meter location on said Lot. Further, each lot owner may expect to pay a charge for connection to such electric utility service, ad the Owner is obligated to contact Central Texas Electric (or
d to the meter location on said Lot. Further, each lot owner may expect to pay a charge for connection to such electric utility service, ad the Owner is obligated to contact Central Texas Electric (or such other supplier of electricity, as applicable) to determine such charge and make arrangements for the installation of said underground service lines and connection to the electrical distribution system. Owner shall also be responsible for all charges for all underground utility service furnished to Owner's Lot.
IN WITNESS WHEROF, the undersigned, being the Developer herein, has hereunto set its hand as of this _ ZX day of Marla 2008 Zi it WATER RIDGE LP, a Texas Limited Partnership By WATER RIDGE DEVELPO ieee SHELLEY S. BUHROW Kae ‘kj NOTARY PUBLIC STATE OF TEXAS a COMMMBEON EXPIRI oN ri osB- 18-2012 eee STATE OF TEXAS COUNTY OF LLANO Zoi Signor of Water Ridge Development Group, LLC.
Declarations of Covenants, Conditions, and Restrictions Diamond S Ranch Page 19 of 20 vo. 1d 2804201 Notary Public; tf and for the State of Texas (AES) SHELLEY S. BUHROW (ars) nomerrmc stro ens Fi ror O8-18-2012 epee ae epee STATE OF TEXAS COUNTY OF LLANO FlLi ) I hereby certify that this instrument was FILED on atl LOR. "CLOCKE M the date and at the time stamped hereon by me and 0) DAY OF was duly RECORDED in the Volume and Page of A AD.
the Official Public Records of [.1ano County, Texas. 2011.
AE OB BETTE SUE HOY COUNTY CLERK Axetts Sue Log, LLANQ COUNTY, TEXAS BETTE SUE HOY BY 58 CLERK, LLANO CO, TEXAS EPUTY AL VOL, PAGE voufad wotless Yosef Vol. 1028 race4252 Declarations of Covenants, Conditions, and Restrictions Diamond S$ Ranch Page 20 of 20