SIERRA VISTA ESTATES

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

This DECLARATION is made by Lubbock Sierra Vista Development, LP., hereinafter jointly called ADeclarant,@ and supersedes all prior declarations regarding the subject property, including those recorded.

RECITALS

Declarant is the owner of that real property situated in Lubbock County, Texas, which is more particularly described in Exhibit AA@ attached hereto and made a part hereof for all purposes. Declarant desires to subject such real property to certain covenants, conditions and restrictions.

TERMS OF THE AGREEMENT

To provide for the orderly development and use of the above described real property, Declarant hereby imposes the following restrictions, covenants and conditions.

ARTICLE I

GENERAL

Definitions: The following words, when used in this Declaration, will have the meanings assigned to them as follows:

a. ADeclarant@ will mean and refer to Bill Fowler, LaWayne Fowler, Jim Carlin, Katy Hilliard, Gene Johnson, Don Kendrick, and their heirs, administrators and successors.

b. Lot A or ALots@ will mean and refer to The Platt of subdivision, except for commercial.

c. AOwner@ will mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot (or portion thereof), but notwith-standing any applicable theory of a mortgage, the term AOwner@ will not include any mortgagee unless and until such mortgagee has acquired title pursuant toforeclosure or any proceeding in lieu thereof.

d. AImprovement@ or AImprovements@ will mean and refer to all structures or other improvements to any Lot (or portion thereof) of any kind whatsoever, whether above or below grade, including, but not limited to, structures, buildings, utility installations, storage, parking facilities, walkways, driveways, landscaping, swimming pools, site lighting, site grading and earth movements, and any exterior additions, changes or alterations thereto, including both original improvements and all later changes and improvements.

Section 1. Purpose of Restrictions. The purpose of this Declaration is to protect the lot owners against the improper development and use of the Lots; to assure compatibility of design of Improvements located thereon; to secure and preserve sufficient setbacks and space between Improvements constructed on the Lots so as to create an aesthetically pleasing environment; to provide for landscaping and the maintenance of the Lots; and in general to encourage construction of attractive, high quality, permanent Improvements on Lots that will promote the general welfare of all Owners.
 

ARTICLE II

PROTECTIVE COVENANTS

Section 1. Use Limitations. All lots and any buildings and structures located on the Lots, will be used for residential purposes only, and further will be subject to the following restrictions and limitations:

a. No building will be erected, altered, placed or permitted to remain on any Lot other than one single family dwelling, a private garage for not less than two cars, a large animal stable or barn, a well house and one other outbuilding not used as living quarters.

b. No noxious or offensive activity will be carried on upon any Lot be carried on nor will anything be done thereon which may become dangerous, or a nuisance to the Owners of the remaining Lots.

c. Except as may be otherwise permitted herein, no structure of a temporary character, including, but not limited to, a trailer house, mobile home, modular home, prefabricated home, manufactured home or any other temporary structure or building will be placed on any Lot. No house, garage, barn or other structure appurtenant thereto, will be moved upon any Lot from another location.

d. No animals of any kind, other than those used for personal pleasure or show purposes will be raised, bred, or kept on any Lot. A maximum of (2) horses, no kennels may be kept on a Lot. A maximum of ( 2) large animals per Lot , ( with consent from Committee) may be allowed in connection with any school, 4-H or FFA sponsored project. Any animals permitted to be kept on a Lot will be properly fed and watered; and all facilities provided for the housing of any such animal will be maintained in a clean and sanitary condition.

e. No rubbish, trash, garbage, debris or other waste will be dumped or allowed to remain on any Lot.

f. No trailer, motor home, boat, recreational vehicles, truck larger than one ton, or other vehicle other than passenger automobiles will be permitted to park on any Lot except that a trailer, motor home, boat or recreational vehicle may be parked on a Lot at a location to the side or rear of the main dwelling constructed on that lot provided that it is parked in a garage or otherwise concealed from view from all public streets which border on such Lot. All passenger automobiles belonging to an Owner Shall? be parked in garages or carports constructed as provided .

g. No antenna, except for an antenna for wireless internet service tower, or other similar vertical structure shall be erected on any Lot, nor affixed to the outside of any dwellings on any Lot. No satellite reception device or equipment larger than three feet in diameter used in the reception of satellite signals shall be allowed on any Lot unless concealed from view of all public streets.

h. No manufacturing, trade, business, commerce, industry, profession, or commercial activity to which the general public is invited shall be conducted upon any Lot or in any Improvement erected thereon.

i. All barns, storage houses, or other accessory structures shall be constructed with exteriors of the same materials as are used on the main dwelling on each Lot or of other masonry material or of metal with a factory applied no-reflective painted finish. No livestock facilities may be constructed or exist within one hundred twenty-five feet (125') of the front boundary line of any Lot or portion of the property, or within 30' of any side boundary line. Construction of any livestock related facility on the property may not commence prior to the commencement of construction of the dwelling on the Lot, and in no event will the completion and use of a livestock related facility be permitted before substantial completion of the dwelling.
 

SECTION 2. Building Locations and Minimum Set Back Lines For Lots. No part of any Dwelling or outbuilding may be located closer than fifty (50) feet to the front boundary line of the Property and no closer than fifteen (15) feet to any side boundary line of the property. For the purpose of locating a dwelling or any outbuilding on the property, eaves and steps may not be considered a part of the dwelling or outbuilding, provided that this may not be construed to permit any portion of a dwelling or outbuilding on the property to encroach upon adjoining property. (As used in this instrument the Afront@ boundary line of the property means the boundary line on which the rear of the dwelling faces.)

SECTION 3. Construction Standards For Lots. In addition to meeting all applicable Building codes, all Improvements on each Lot shall meet with the following requirements:

a. HEIGHT AND MINIMUM FLOOR AREAS: No structure shall have in excess of two (2) stories, and the floor area of the dwelling located on each Lot shall have a minimum of 2200 square feet, with at least 1500 square feet on the ground floor of structures having two (2) stories, in every case measured exclusive of porches, decks, garages and basements.

b. EXTERIOR WALLS: The exposed exterior wall area, exclusive of doors, windows and covered porch area, shall be at least 80% brick, stucco or stone. Any exposed exterior area not covered by brick, stone or stucco shall be covered by wood or siding (metal or synthetic) having the appearance of wood.

c. ROOFING DESIGN AND MATERIAL: Flat roofs, mansard roofs and other Aexotic@ roof forms shall not be permitted. No residence shall be constructed on any Lot with a roof of crushed stone, marble or gravel, it being intended that such roof shall be constructed only of metal, composition or wood shingles (provided that any composition shingles must be at least 300 lb. shingles), tile or slate. All roof stacks and flashing must be painted to coordinate with the color of the structure.

d. CHIMNEYS: All fireplace chimneys shall be constructed of the same brick, stone or stucco, as appropriate, used for the main structure.

e. GARAGES AND CARPORTS: All lots shall have a garage of a sufficient size to provide storage for at least two automobiles attached to the main dwelling and entered from the side or rear, and all garages shall be given the same architectural treatment as the main structure located on such Lot. No metal or prefabricated carports shall be allowed on any Lot; however, a carport constructed of the same materials used on and in the same architectural style as the main dwelling is permitted. Any carport constructed on any Lot shall be to the side or rear of the main dwelling and shall be in addition to, and not in lieu of, the herein required garage.

e. EXTERIOR LIGHTING: No exterior light shall be installed or situated such that neighboring Lots are unreasonably lighted by the same. All freestanding exterior lights located between the property lines and the main structure shall be architecturally compatible with the main structure.

g. DRIVEWAYS: Driveways shall be constructed of concrete. Any concrete used shall have a minimum strength of 2500 p.s.i.

h. WINDOW UNITS: No dwelling shall utilize window mounted or wall type air conditioners or heaters.

i. SKYLIGHTS: Skylights shall be permitted in the roof of any Improvement. No other equipment, including, without limitation, heating or air conditioning units, solar panels, satellite dishes or antennas, shall be located on the roof of any Improvement unless the same are concealed from view from public streets and do not materially alter the roof line of the Improvement.

j. SWIMMING POOLS: Any non-enclosed swimming pool, spa or hot tub shall be located to the rear of the main dwelling, and shall be securely enclosed by a fence and gates (which fence and gates shall comply with applicable requirements of this instrument) designed to prevent children and animals from accidentally entering the pool enclosure. An enclosed pool may be constructed at the rear of the main dwelling (either attached to the main dwelling or as a separate structure), provided that the enclosure for such pool shall be of the same materials used on and in the same architectural style as the main dwelling or of other materials permitted for structures on the Lot.

k. SEPTIC TANKS: No cesspool, outhouse or outside toilet shall be permitted on any Lot. Toilets located in any Improvement shall be connected to either an approved public sewage disposal system or to a septic tank located on the Lot on which such Improvement is constructed. Sewage disposal facilities and septic tanks must comply in all respects with all applicable state, county and /or other governmental laws, rules and regulations.

l. WATER WELLS: Water wells on a Lot must comply in all respects with all applicable state, county and /or other governmental laws, rules and regulations. No more than two (2) water wells shall be placed on a Lot and pumps in those wells shall not exceed one three horsepower pump and one five horsepower pump, respectively. Only submersible pumps shall be used in any water wells located on a Lot . Under no circumstances shall any above-ground irrigation motors or similar devices be located on a Lot and /or used in connection with providing water to that Lot for household use and watering of landscaping and/or livestock.


SECTION 6. Landscaping of Lots. Landscaping shall be required on all Lots contemporaneously with completion of other Improvements, but in no event later than one (1) year after final completion of Improvements, weather permitting. Landscaping must: (1) permit reasonable access to public and private utility lines and easements for installation and repair; (2) provide an aesthetically pleasing variety of trees, shrubs, ground cover and plants. Except for typical garden hoses having a diameter of not more than one inch (1") and common portable sprinklers that may be attached to such hoses, no pipes, hoses, sprinklers or other parts of any irrigation system for watering of landscaping on a Lot shall be located above ground. It is required that front yard of each lot have underground sprinkler system.

SECTION 7. Screening. All air conditioning compressors, swimming pool filters, heaters and pumps, and any other similar exposed mechanical devices on a Lot must be screened so that the same are not visible from other Lots or any public street on which the Lot borders. All screens must be solid and constructed in the same architectural style and of the same materials as the main residence on a Lot.

SECTION 8. Utilities. All public or private utilities and service connections, including, but not limited to, gas, water, electricity, telephone, cable television or security systems, or any wires, cables, conduits or pipes used in connection therewith, located upon any Lot shall be underground; except that fire plugs, gas meters, supply pressure regulators, electric service pedestals, pad mount transformers, and street lights may be located above ground only where necessary to furnish the service required by the use of such utilities. In no event shall any poles be permitted, other than for street lights or as otherwise permitted herein, and no wires or transmission lines to or from such street lights shall exist above the ground.

SECTION 9. Trash Containers. Each owner shall contract at its own expense with a public or private service for the regular pickup of all trash and other debris, all of which shall be placed in dumpsters or other trash containers.

SECTION 10. General.

a. Construction Debris: During the construction or installation of Improvements on any Lot, construction debris shall be removed from the Lot on a regular basis and the Lot shall be kept as clean as possible.

b. Stoppage of Construction: Once commenced, construction shall be diligently pursued to the end that it will be completed within eighteen (18) months from the date commenced. For purposes of this instrument, construction shall be deemed to commence on the earlier of (1.) the date on which any governmental authority shall issue any building permit or other permission, consent or authorization required in connection with such construction, or (2.) the date on which excavation or other work for construction of the footings and/ or foundation of any improvements shall begin.

SECTION 11. Fences. Any fence to be constructed on a Lot must conform to the following requirements:

a. Each Lot shall have a fence or fences meeting the requirements of this Declaration on at least the three no-front sides (determined as provided in Section 2 above).

If not sooner constructed, all such fences must be constructed whenever any Improvements are first constructed on the Lot. The perimeter fence shall be located on the exterior boundary lines of the Lot. No barb wire fences. Privacy

fences consisting of non see-through material ( e.g. wood, masonry, or hedge) may be constructed or grown on the back portion of the property which lies between the rear structural building line of the Dwelling and separating the Dwelling yard from the remainder of the property. Such fencing may be of wood material, plastic ( or vinyl), or 2" pipe and either smooth wire or cable, and may not exceed five feet (5'-7') in height.

 

ARTICLE III

MAINTENANCE

SECTION 1. Duty of Maintenance. Each Owner of any Lot shall have the responsibility, at his sole cost and expense, to keep such Lot, including any Improvements thereon, in a well maintained, safe, clean and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

a. Prompt removal of all litter, trash, refuse and waste, and regular cutting of weeds and grasses on the Lot prior to and during construction of any Improvements;

b. Regular mowing of grasses;

c. Tree and shrub pruning;

d. Keeping landscaped areas alive, free of weeds, and attractive;

e. Watering;

f. Keeping parking areas and driveways in good repair;

g. Complying with all government health and police requirements;

h. Repainting of Improvements;

i. Repair of exterior damage to Improvements.

Each Owner of any Lot shall have the responsibility, at his sole cost and expense, to keep all areas located between the boundaries of such Lot and the paved portion of any streets or roads on which such Lot borders in a well maintained, safe, clean and attractive condition. An Owner is not required to landscape or water such area, but the Owner promptly shall remove all litter, trash, refuse and waste therefrom and regularly mow all grasses and weeds located thereon.
 

ARTICLE IV

REVIEW COMMITTEE


 

SECTION 1. Organization. Declarant shall appoint a review committee.

(The Committee shall be composed of three members who shall be natural persons. The initial members of the Committee shall be appointed by Declarant, and any one or more of these persons comprising, Declarant may appoint himself as a member of the Committee.


SECTION 2. Approval Required. No improvements of any kind shall be constructed on a Lot unless the plans and specifications for such Improvement (the APlans@) have been reviewed and approved in writing by the Committee. Whenever any Owner desires to construct Improvements on a Lot, such Owner shall submit the Plans to the Committee and request written approval of the same. Until changed by the Committee, all Plans shall be submitted to Declarant. In addition to such other information as the Committee reasonably may request, the Plans shall include, without limitation, the following information:

a. A site plan showing the location, description of materials and architectural treatment (by cross section or word description) of all walks, driveways, fences and walls. Main and secondary structures also should be located. Precise indications should be given with respect to how drainage will be handled in order that all water will be removed from the entire perimeter of any improvements.

b. A floor plan showing exact window and door locations, exterior wall treatment and materials and the total square feet of air conditioned living area.

c. Exterior elevations of all sides of any building. The type of roofing materials must be indicated. The type, use and color of exterior wall materials must be clearly indicated throughout. Windows and door types and treatments must be similar on all sides of the improvement, and all exposed sides of the improvement should provide for the same architectural treatment. Front, rear and exposed side elevations must show all ornamental and decorative details. Location and elevation of all fences also must be shown.

d. A landscaping plan showing all walkways, fences and walls, elevation changes, watering systems, vegetation, ground cover and trees. The Plans also must include suitable computations showing that the improvements described in the plans comply with all requirements of this Declaration concerning minimum floor area and setbacks.


SECTION 3. Construction. Upon approval of the plans by the Committee, the Owner submitting such plans for approval promptly shall commence construction of all Improvements described therein and shall cause the same to be completed in compliance in all material respects with approved plans. If an Owner materially shall vary from the approved Plans in the construction of any Improvements, the Committee shall have the right to order such Owner to cease construction and to correct such variance so that the Improvements will conform in all material respects to the plans as approved. If an Owner shall refuse to abide by the Committee=s request, the Committee shall have the right to take appropriate action to restrain and enjoin any further construction on a Lot that is not in accordance with approved Plans.

SECTION 4. Variances. The Committee may authorize variances from compliance with any of the provisions of this declaration relating to construction of improvements on a Lot, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as governmental code changes, topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least a majority of the members of the Committee and shall become effective upon their execution. Such variances may be recorded. If such variances are granted, no violation of any of the provisions contained in this declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this declaration for any purpose except as to the particular Lot and particular provision hereof covered by the variance, nor shall it affect in any way the Owner=s obligation to comply with all governmental laws and regulations affecting the use of the Lot.
 

ARTICLE V

SECTION 1. Duration. This declaration and the covenants and restrictions set out herein shall run with and bind the Lots, and shall inure to the benefit of and be enforceable by every Owner, including Declarant, and their respective legal representatives, heirs, successors and assigns, for a term beginning on the date this Declaration is recorded, and continuing for 50 years, after which time said covenants shall be automatically extended for successive periods of ten (10) years each, unless terminated as provided in Section 2 below.


SECTION 2. Amendments. The covenants, conditions and restrictions of this declaration may be amended or terminated only as follows:

a. BY THE OWNERS: This declaration may be amended or terminated only by the affirmative vote of the Owners of not less than two-thirds (2/3's) of the total number of Lots. Each Lot shall be entitled to a single vote, and, in case there are multiple Owners of a Lot, that Lot=s vote shall be cast as determined by a majority of its Owners.

b. BY THE DECLARANT: For so long as Declarant remains the Owner of a majority of the Lots, Declarant reserves to himself and shall have the continuing right, at any time and from time to time, without the joined or consent of any party, to amend this Declaration by any instrument in writing duly executed, acknowledged and filed of record for the purpose of clarifying or resolving any ambiguities or conflicts herein, or correcting any inadvertent misstatements, errors or omissions herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by the Declaration, and shall not materially adversely affect the vested property or other rights of any Owner.

SECTION 3. Enforcement. Enforcement of the covenants and restrictions contained herein shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages. Failure by the Declarant or any other Owner to enforce any such covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter. Declarant shall have no special obligation to any Owner to enforce any of the covenants and restrictions contained in this instrument, and any Owner or Owners aggrieved by any violation or alleged violation of these covenants and restrictions shall be responsible for enforcing the same (provided that Declarant shall have the right to join in such enforcement in the event Declarant, in Declarant=s sole discretion, elects to do so).

SECTION 4. Additional Restrictions. Declarant may make additional restrictions applicable to any Lot by appropriate provision in the deed conveying such Lot to the Owner, without otherwise modifying the general plan set forth herein, and any such other restrictions shall inure to the benefit of and be binding upon the parties to such deed in the same manner as if set forth at length herein.

SECTION 5. Re-Subdivision or Consolidation. No Lot shall be re-subdivided in any fashion to create a Lot having smaller dimensions than the original Lot. Entire Lots may be consolidated to form a single building site, and a Lot may be re-subdivided and portions thereof combined with another Lot to create a new Lot having dimensions that are at least as large as the largest of the two original Lots.

SECTION 6. Severability of Provisions. If any paragraph, section, sentence, clause or phrase of this Declaration shall be or become illegal, null or void for the reason or shall be held by any court with competent Jurisdiction to be illegal, null or void, the remaining paragraphs, sections, sentences, clauses or phrases of this Declaration shall continue in full force and effect and shall not be affected thereby. It is hereby declared that said remaining paragraphs, sections, sentences, clauses and phrases would have been and are imposed irrespective of the fact that any one or more other paragraphs, sections, sentences, clauses, or phrases shall become or be illegal null, or void.

SECTION 7. Notice. Wherever written notice to an Owner is permitted or required hereunder, such notice shall be given by mailing the same to such Owner at the address of such Owner designated in the Deed conveying a Lot or Lots to that Owner, as recorded in the Lubbock County Clerk=s office in Lubbock, Texas, or to the address of the Owner shown in the records of the Lubbock Central Appraisal District in Lubbock, Texas or other governmental authority imposing or collecting ad valorem taxes on such Lot, such notice shall conclusively be deemed to have been given by placing same in the United States mail, properly addressed, whether received by the addressee or not.

SECTION 8. Titles. The titles, headings, and captions which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof.

SECTION 9. Adjacent Property. Declarant owns and intends to develop certain property adjacent to or in the vicinity of the Lots. Such adjacent property may be subject to restrictions materially varying in form from those contained in this instrument. Nothing contained in this instrument shall be deemed to impose upon Declarant any obligation with respect to such adjacent property, including, without limitation, any obligation to enforce any covenants or restrictions applicable thereto. In addition, as shown the subdivision and because Declarant may choose to allow development of commercial property along the Ursuline frontage, those Lots are exempted from all requirements, covenants and restrictions set forth herein. However, Declarant warrants that any such development thereof will not materially detract from the beauty, wholesomeness and attractiveness of the subdivision or the enjoyment thereof by the Owners and will be adequately screened from view of any other Lots.

 

CUSTOM HOMES BY BILL FOWLER • PHONE 786-5346 • FAX 793-1844