bluffview restrictions.pdf
1-^sz
PLAT, DEDICATION AND RESTRICTIONS OF AND ON BLUFFVIEt^J ESTATES AODITION
An add'ition to the City of Mineral l^lel'ls, Palo Pinto County' Texas, and being a subdivision of 35.230 a0res of land out of the T. & P. RR. Co. Survey, Abstract No, 1255,'Easf of the Brazos'in PalO Pinto County, Texas. THE STATE OF TEXAS COUNTY OF PALO PINTO
I{HER€AS, R.R.D., INC. is the owner of 36.230 acres of l,and out of the Northeast 1/4 of Section 24, Block "A", E.0.8., Abstract No. 1255, T. & P. RR. Co. Survey, Palo Pjnto County, Texasi and being out of {he Northwest corner of a certain 147.239 acres tract, and further descrjbed by metes and bounds as follows: BEGINNINC at a 3/8" iron rod set in the west line of the Northeast 1/4 of Section 24, and in the south right-of-way line of F. M. Highway No. 3027 for the northv',est and beginning corner of this tract. Hhence the northwest corner of Section 24 bears N. 88 deg. 08 min. 25 sec. l.l. 265L.97 feet; THENCE Northeasterly around the arc of a 03 deg. curve to the right, with a radius of 1859.86 feet, a centfal angle of 03 deg.48 min. 54 sec., a chord of N. 88 d.eg. 30 min. 20 sec. E. 123.83 feet, a d'istance of 123.86 feet with the south line of said H'ighway found brass monument at P. T. of curve for a corner of this tract; THENCE N. 89 deg. 48 mjn. E. 1087';89, feet with the south line of said Highway l'{0. 3027 set 3/8" iron rod for the northeast corner of this
tract;
S. 20 deg. 56 min. 54 sec. E. 525.25 feet set 3/8" iron rod for a corner of th'is tract; THENCE S.45 deg. no min. i,l. 813.13 feet set 3/8" iron rod for a corner THENCE
of this tracti
127,22 feet set 3/8" iron rod for a corner of this tract: S. 60 deg. no min. l^J. 952.03 feet set 3/B" jron rod jn the weEt line of the northeast 1/4 of Section 24 for the southwest corner of this
THENCE THENCE
S.
tract;
North 1661.72 feet with the west'line of the Northeast Section 24, and along fence to the p'lace of beginning.
THENCE
i/4
of
I,IHEREAS, it is the desjre of R.R.D., INC. to file and dedicate certain Reservations, Restrictions and Covenants of and on al'l of the above
said 81uffview Estates Addition.
NOl,l THEREF0RE, Know all men by these presents that R.R.D., INC., hereinafter called Dedicators, having heretofore caused said 36.230 acre tract to be platted into b'locks and lots, as shown on plat attached hereto; does hereby place certain Reservations, Restnictions and Covenants on said Addition as follows, to-wtt:
RESERVATIONS, RESTRICTIONS AND COVENANTS
For the purpose of assuring the order'ly and uniform development of such property as a residential district of good and desirable character and in order to carry out a general plan of-development for the benefit of each and every purchaser of a lptr lots or plot in said Bluffview Estates Addition, the_following restrict'ions upon the use of said property ar€ hereby estab:llshed' snd the lots ln sald Addltion are helO and
.i1
..
shall be conveyed subject to the Reservations, Restrictions nants hereinafter set forth:
1.
and Cove-
USE OF LAND \
,
0njy one single-family residence and tncidental outbuildings shall be constructed or permitted to remain on any plot or 1ot.
lot or p'lot and no residence or outbuilding located hereon shall ever be used for. other than a single-family residence or purpose incidental thereto, and no garage or outbuilding on any lot or plot shal1 be No
a residence or living quarters, temporarily or otherwise, except by servants engaged on the premises.
used as
Gas, electricity, telephone, television cables, and facilities will be located only along the utility easements as shown on p'lat of this subdivision.,All street lighting for Cliff Drive and Redbud Drive shall be from either e'lectric or gas yard lights at least one of which shall be require in the front yatd of each residence built within this addition.'The o,wners of each lot or plot must provide such yard light and must t"ie r'nto these util jty service facilities. I'lo individual sewage disposal system shall^t.
::::l::.0.
8lilillx'li8*03i,[iil?fiil8'' specifications for any construction to be placed upon any lot or plot within this Addition sha'll be turned over to the Ded'icators' Architect who shall examine such plans and specificat'ions to jnsure that the proposed construction conforms to the requirements of these Restrictions, Reservations and Covenants and to insure that the completed structure will not be detrimental to the neat and orderly development of the entire area and will not be detrimental to the general appearance of the ent'ire Addition. RESIDENCES. Each residence shall be constructed so that 80% of all outside walls are of brick, brick veneer, stone or stone veneer or a combinatjon of these, except that the portion of the outs'ide wa1ls of any 1-1/? or 2 story dwelling above the first floor may be constructed with either masonry or with frame siding, alJ exclusive of w'indows and P.lans and
doors.
OUTBUILDINGS. 0utbuild'ings shall be of design and construction sjmilar and comparable to that of the residence. No outbu'iiding shall
exceed the residence
in
3.
height.
REQUIRED
Any residence may be either hei ght. No residence having a total
SIZE 0F
RESIDENCE
one, one and one-half or two stories in
living area of less than 1,700 square feet in Block 1,1,600 square feet in Block 2, 1,500 square feet jn Block 3n which area must be exc'lusive of attached garages, servants' quarters, porches, balconies and similan structures, shall be erected on any of the lots or pjots in this Addition. By total living,area is meant the floor area of the residence, eXcluding garages and storage areas. Residences as that term is used in this Sectjon 3 does not jnclude the floor area of outbuildings, servants'quarters and similar buildings; nor does it include the f]oor area of attached or unattached porches either enclosed or unenclosed, basements, attics or the like. t'to Uuilding of any charJcter may be moved from outside the area covered by'this dedlcatlon to any lot or plot so covered.
4.
SET BACK FROM STREET AND SIDE LINE.S
Except as hereinafter set out, no residence or outbuilding shall be maintained or permitted to remain on gly Jot_9r p'lot nearer to any ad-. joining street or streets than the building line shown on the p1at, said building line being 35 feet back from each\side of Cliff Drive and Redbud Drive and 20 feet back f,rom the right-of-way"line of F. M. Highway 3027, nor sha'l'l any such residence or building be located nearer than 10 feet to any side of lot line.
5.
MISCELLANEOUS
No improvements, fence, wal'1, hedge or obstruction of any character shall be erected, planted or maintajned or shali be permjtted to rennin on any lot or piot beyond the property line. No impnovements, fence, wa'll, hedge, tree or obstruction of any character sha'll be erected, planted or maintained or shall be permitted to remain 0n any iot or plot, that casts a shadow at any time during the year which would interfere with the operation of any solar energy equipment located on the roof of any structure on any lot or plot in Bluffview
Estates Addition.
No garage opening may face Cliff Drive on any lot or plot of Block 1 of Bl uffview Estates Add'ition. The construction of advertising structure of any kind on any part of any lot or piot is prohibited, except for small "for sale" signs not exceeding I square feet in area. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot or p'lot, except that dogs, cats or other conunon and
ordinary household pets may be kept pnov'ided that they are not bred, kept, or maintained for any commercja'l purpose. l,lo structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuiiding shall be used on any lot or p'lot at any time as a residence either temporari'ly or permanently. No noxious or of:fensive activity shall be carried on upon any 1ot, nor shall anything be done thereon which may be or nray become an annoyance or nuisance to the neighbons or neighborhood. An e'lectrical or gas light sha'll be installed 2 feet insjde of the front property'line of each lot at the time of constructiorr of the residence thereon.
6.
GINERAL
The restrictjons herein set out sha'll be referred to in, adopted, and made a part of each and every contract and deed executed by and on behalf of the Dedicators conveying said property, 0r any part thereof, to al1 such intents and purposes as though'incorporated in full there'in and such contract and/or deed shall be conclusive'ly held to have been so executed, delivered and accepted upon the express condjtion herein s tated . All of the restrictions, covenants, reservations, liens, and charges appearing herejn, as wel'l as those appearing in any contract, deed or other conveyance to or covering any part of this property, shal1 be construed together, but if any one of the same shali be held to be inva'lid, or for any reason is not enforced or enforceable, none of the others shal'l be affected or impaired thereby, but shall remain in full force and effect at all times.
7.
RIGHT TO
ENFORCE
The restrlctions herein set forth are tmposed upon each lot and plot of land for the beneflt of each and every other lot or p'lot, sha'l'l
constitute covenants,running with the land, and shall inure to the benefit of and be bjnding upon the Dedicators, theirr heirs and assigns, and each and every ,pu.nchaser of ,'and person acquiring any interest jn or to any part of such'land, and their heirsland assigns, and a1i persons acqu'iring any of the iand covered by these,restrictions shall be taken to agree and covena:nt to conform to and ob$erve all such restrictions as to the use of said land; and the Dedicators, their heirs and assigns, and the owner or owners of any part of such land and of any interest therein, acting joint'ly and severally, shall have the right to sue for and obtajn an injunction to prevent the breach of, or to enforce the observance 0f, the restrictions and covenants above set forth in additjon to the ordinary lega1 action for damages, and the failure herejn of any or all of such persons to enforce any of the restrictions or covenants herein set forth at the time of its vioiation shall in no event be deemed to be a waiver of the right to do so at any time thereafter, nor shall the fai'lure to enforce such restrictions as to any one or more lots, or as to any one 0r more owners thereof, be deemei a waiver of the right to ehforce them as to any other lots or owners, not shall the failure of the Ded'icators to enforce such covenants, conditions, or restrictions give to any cause of actjon against them by reason of such
failure'
.', 8.
n RIGHT TO ASSIGII
The Dedicators may transfer, ass'ign or convey to any person or corporation any or all of the rights, privi'leges and reservations herejn reserved by them, in any deed or written instrument herein authorized, whereupon the assignors rights, obligations and privileges sha'll become the rights, obligations and privileges of, and become bindjng upon the assignee. In like manner and upon the same conditions, such assignee or any subsequent assignee may assign the sarne.
The covenants are to run with the iand and shall be binding upon persons and al1 parties clairning under them for a period of-thirty years from date these covenants are recorded, after which time sa'id covenants shall be automatjcally extended for successjve periods of ten years un]ess an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or i n part. Enforcement shal'l be by proceedings at'law or in equity aga'inst any person 0r persons vio]ating or attempting to violate any covenint either
all
to restrain violation or to recover damages. Invalidation of any one or more of lfre covenants contained in this instrument shall never be construed to refer to or affect any other property adjoining or not adjoining said property, either owned in fee or in which the Dadicators miy own-an intereit wlrether presently owned or subsequently acquirgd; but such Resenvations, Restrictions and Covenants contained in this instrument are adopted to cover only the property dedicated as Bluffview Estates Addition as'desciibed in tfritirit'para- graph of this instrument. EXECUTED
this 4th day of May, A.D.
i.977,
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.
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TFlE..sifATE:0t']rEXAsii',,...':.:-l'i'..
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PINTO .-:..i.:il...*..''.]..;......;..1i.1j:l:...
.:
COUN'H OF PALO:
\
t.\
,BEFORE ME, the undersigned, a NotaryFub'lic in and for said County and State, or this'day peruunally appealhd RONALD K. 0tlENS, known to me to be the person and off icer whose hinls J'g:gubscribed to the foregoing : instrwent-and acknpwledged to me-that,,,the same was the act of the said, R"R.E. I$lC', d eorgoratior,r dnd that he exbeuted the same as the act of such corporation foi the purposes and consideration therein expressed, and in the capacity therein stated. :
G.IVE}I IJNDIR MY HAND ANO SEAL OF OFFICE
1977.
:
this the 4th day of
c'ln
County,
May, A.E.
a
Te'xas
My Cor1rrt{ssion Expires
June
l,
l9v7
:- li
tr-
., ;ii: ..' .:iii.. :
r':
l:
,.1'
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;;.:t:i:l:.:: ..:.i'
.
PLAT, DEDICATION AND RESTRICTIONS OF AND ON BLUFFVIEt^J ESTATES AODITION
An add'ition to the City of Mineral l^lel'ls, Palo Pinto County' Texas, and being a subdivision of 35.230 a0res of land out of the T. & P. RR. Co. Survey, Abstract No, 1255,'Easf of the Brazos'in PalO Pinto County, Texas. THE STATE OF TEXAS COUNTY OF PALO PINTO
I{HER€AS, R.R.D., INC. is the owner of 36.230 acres of l,and out of the Northeast 1/4 of Section 24, Block "A", E.0.8., Abstract No. 1255, T. & P. RR. Co. Survey, Palo Pjnto County, Texasi and being out of {he Northwest corner of a certain 147.239 acres tract, and further descrjbed by metes and bounds as follows: BEGINNINC at a 3/8" iron rod set in the west line of the Northeast 1/4 of Section 24, and in the south right-of-way line of F. M. Highway No. 3027 for the northv',est and beginning corner of this tract. Hhence the northwest corner of Section 24 bears N. 88 deg. 08 min. 25 sec. l.l. 265L.97 feet; THENCE Northeasterly around the arc of a 03 deg. curve to the right, with a radius of 1859.86 feet, a centfal angle of 03 deg.48 min. 54 sec., a chord of N. 88 d.eg. 30 min. 20 sec. E. 123.83 feet, a d'istance of 123.86 feet with the south line of said H'ighway found brass monument at P. T. of curve for a corner of this tract; THENCE N. 89 deg. 48 mjn. E. 1087';89, feet with the south line of said Highway l'{0. 3027 set 3/8" iron rod for the northeast corner of this
tract;
S. 20 deg. 56 min. 54 sec. E. 525.25 feet set 3/8" iron rod for a corner of th'is tract; THENCE S.45 deg. no min. i,l. 813.13 feet set 3/8" iron rod for a corner THENCE
of this tracti
127,22 feet set 3/8" iron rod for a corner of this tract: S. 60 deg. no min. l^J. 952.03 feet set 3/B" jron rod jn the weEt line of the northeast 1/4 of Section 24 for the southwest corner of this
THENCE THENCE
S.
tract;
North 1661.72 feet with the west'line of the Northeast Section 24, and along fence to the p'lace of beginning.
THENCE
i/4
of
I,IHEREAS, it is the desjre of R.R.D., INC. to file and dedicate certain Reservations, Restrictions and Covenants of and on al'l of the above
said 81uffview Estates Addition.
NOl,l THEREF0RE, Know all men by these presents that R.R.D., INC., hereinafter called Dedicators, having heretofore caused said 36.230 acre tract to be platted into b'locks and lots, as shown on plat attached hereto; does hereby place certain Reservations, Restnictions and Covenants on said Addition as follows, to-wtt:
RESERVATIONS, RESTRICTIONS AND COVENANTS
For the purpose of assuring the order'ly and uniform development of such property as a residential district of good and desirable character and in order to carry out a general plan of-development for the benefit of each and every purchaser of a lptr lots or plot in said Bluffview Estates Addition, the_following restrict'ions upon the use of said property ar€ hereby estab:llshed' snd the lots ln sald Addltion are helO and
.i1
..
shall be conveyed subject to the Reservations, Restrictions nants hereinafter set forth:
1.
and Cove-
USE OF LAND \
,
0njy one single-family residence and tncidental outbuildings shall be constructed or permitted to remain on any plot or 1ot.
lot or p'lot and no residence or outbuilding located hereon shall ever be used for. other than a single-family residence or purpose incidental thereto, and no garage or outbuilding on any lot or plot shal1 be No
a residence or living quarters, temporarily or otherwise, except by servants engaged on the premises.
used as
Gas, electricity, telephone, television cables, and facilities will be located only along the utility easements as shown on p'lat of this subdivision.,All street lighting for Cliff Drive and Redbud Drive shall be from either e'lectric or gas yard lights at least one of which shall be require in the front yatd of each residence built within this addition.'The o,wners of each lot or plot must provide such yard light and must t"ie r'nto these util jty service facilities. I'lo individual sewage disposal system shall^t.
::::l::.0.
8lilillx'li8*03i,[iil?fiil8'' specifications for any construction to be placed upon any lot or plot within this Addition sha'll be turned over to the Ded'icators' Architect who shall examine such plans and specificat'ions to jnsure that the proposed construction conforms to the requirements of these Restrictions, Reservations and Covenants and to insure that the completed structure will not be detrimental to the neat and orderly development of the entire area and will not be detrimental to the general appearance of the ent'ire Addition. RESIDENCES. Each residence shall be constructed so that 80% of all outside walls are of brick, brick veneer, stone or stone veneer or a combinatjon of these, except that the portion of the outs'ide wa1ls of any 1-1/? or 2 story dwelling above the first floor may be constructed with either masonry or with frame siding, alJ exclusive of w'indows and P.lans and
doors.
OUTBUILDINGS. 0utbuild'ings shall be of design and construction sjmilar and comparable to that of the residence. No outbu'iiding shall
exceed the residence
in
3.
height.
REQUIRED
Any residence may be either hei ght. No residence having a total
SIZE 0F
RESIDENCE
one, one and one-half or two stories in
living area of less than 1,700 square feet in Block 1,1,600 square feet in Block 2, 1,500 square feet jn Block 3n which area must be exc'lusive of attached garages, servants' quarters, porches, balconies and similan structures, shall be erected on any of the lots or pjots in this Addition. By total living,area is meant the floor area of the residence, eXcluding garages and storage areas. Residences as that term is used in this Sectjon 3 does not jnclude the floor area of outbuildings, servants'quarters and similar buildings; nor does it include the f]oor area of attached or unattached porches either enclosed or unenclosed, basements, attics or the like. t'to Uuilding of any charJcter may be moved from outside the area covered by'this dedlcatlon to any lot or plot so covered.
4.
SET BACK FROM STREET AND SIDE LINE.S
Except as hereinafter set out, no residence or outbuilding shall be maintained or permitted to remain on gly Jot_9r p'lot nearer to any ad-. joining street or streets than the building line shown on the p1at, said building line being 35 feet back from each\side of Cliff Drive and Redbud Drive and 20 feet back f,rom the right-of-way"line of F. M. Highway 3027, nor sha'l'l any such residence or building be located nearer than 10 feet to any side of lot line.
5.
MISCELLANEOUS
No improvements, fence, wal'1, hedge or obstruction of any character shall be erected, planted or maintajned or shali be permjtted to rennin on any lot or piot beyond the property line. No impnovements, fence, wa'll, hedge, tree or obstruction of any character sha'll be erected, planted or maintained or shall be permitted to remain 0n any iot or plot, that casts a shadow at any time during the year which would interfere with the operation of any solar energy equipment located on the roof of any structure on any lot or plot in Bluffview
Estates Addition.
No garage opening may face Cliff Drive on any lot or plot of Block 1 of Bl uffview Estates Add'ition. The construction of advertising structure of any kind on any part of any lot or piot is prohibited, except for small "for sale" signs not exceeding I square feet in area. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot or p'lot, except that dogs, cats or other conunon and
ordinary household pets may be kept pnov'ided that they are not bred, kept, or maintained for any commercja'l purpose. l,lo structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuiiding shall be used on any lot or p'lot at any time as a residence either temporari'ly or permanently. No noxious or of:fensive activity shall be carried on upon any 1ot, nor shall anything be done thereon which may be or nray become an annoyance or nuisance to the neighbons or neighborhood. An e'lectrical or gas light sha'll be installed 2 feet insjde of the front property'line of each lot at the time of constructiorr of the residence thereon.
6.
GINERAL
The restrictjons herein set out sha'll be referred to in, adopted, and made a part of each and every contract and deed executed by and on behalf of the Dedicators conveying said property, 0r any part thereof, to al1 such intents and purposes as though'incorporated in full there'in and such contract and/or deed shall be conclusive'ly held to have been so executed, delivered and accepted upon the express condjtion herein s tated . All of the restrictions, covenants, reservations, liens, and charges appearing herejn, as wel'l as those appearing in any contract, deed or other conveyance to or covering any part of this property, shal1 be construed together, but if any one of the same shali be held to be inva'lid, or for any reason is not enforced or enforceable, none of the others shal'l be affected or impaired thereby, but shall remain in full force and effect at all times.
7.
RIGHT TO
ENFORCE
The restrlctions herein set forth are tmposed upon each lot and plot of land for the beneflt of each and every other lot or p'lot, sha'l'l
constitute covenants,running with the land, and shall inure to the benefit of and be bjnding upon the Dedicators, theirr heirs and assigns, and each and every ,pu.nchaser of ,'and person acquiring any interest jn or to any part of such'land, and their heirsland assigns, and a1i persons acqu'iring any of the iand covered by these,restrictions shall be taken to agree and covena:nt to conform to and ob$erve all such restrictions as to the use of said land; and the Dedicators, their heirs and assigns, and the owner or owners of any part of such land and of any interest therein, acting joint'ly and severally, shall have the right to sue for and obtajn an injunction to prevent the breach of, or to enforce the observance 0f, the restrictions and covenants above set forth in additjon to the ordinary lega1 action for damages, and the failure herejn of any or all of such persons to enforce any of the restrictions or covenants herein set forth at the time of its vioiation shall in no event be deemed to be a waiver of the right to do so at any time thereafter, nor shall the fai'lure to enforce such restrictions as to any one or more lots, or as to any one 0r more owners thereof, be deemei a waiver of the right to ehforce them as to any other lots or owners, not shall the failure of the Ded'icators to enforce such covenants, conditions, or restrictions give to any cause of actjon against them by reason of such
failure'
.', 8.
n RIGHT TO ASSIGII
The Dedicators may transfer, ass'ign or convey to any person or corporation any or all of the rights, privi'leges and reservations herejn reserved by them, in any deed or written instrument herein authorized, whereupon the assignors rights, obligations and privileges sha'll become the rights, obligations and privileges of, and become bindjng upon the assignee. In like manner and upon the same conditions, such assignee or any subsequent assignee may assign the sarne.
The covenants are to run with the iand and shall be binding upon persons and al1 parties clairning under them for a period of-thirty years from date these covenants are recorded, after which time sa'id covenants shall be automatjcally extended for successjve periods of ten years un]ess an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or i n part. Enforcement shal'l be by proceedings at'law or in equity aga'inst any person 0r persons vio]ating or attempting to violate any covenint either
all
to restrain violation or to recover damages. Invalidation of any one or more of lfre covenants contained in this instrument shall never be construed to refer to or affect any other property adjoining or not adjoining said property, either owned in fee or in which the Dadicators miy own-an intereit wlrether presently owned or subsequently acquirgd; but such Resenvations, Restrictions and Covenants contained in this instrument are adopted to cover only the property dedicated as Bluffview Estates Addition as'desciibed in tfritirit'para- graph of this instrument. EXECUTED
this 4th day of May, A.D.
i.977,
'tt t
:'.r
.
'
" '1
't
,''.
'iii'": ']
'
TFlE..sifATE:0t']rEXAsii',,...':.:-l'i'..
,j],l.....'.:....::.!]i:-::.."}i.-.1.]:.]::::
PINTO .-:..i.:il...*..''.]..;......;..1i.1j:l:...
.:
COUN'H OF PALO:
\
t.\
,BEFORE ME, the undersigned, a NotaryFub'lic in and for said County and State, or this'day peruunally appealhd RONALD K. 0tlENS, known to me to be the person and off icer whose hinls J'g:gubscribed to the foregoing : instrwent-and acknpwledged to me-that,,,the same was the act of the said, R"R.E. I$lC', d eorgoratior,r dnd that he exbeuted the same as the act of such corporation foi the purposes and consideration therein expressed, and in the capacity therein stated. :
G.IVE}I IJNDIR MY HAND ANO SEAL OF OFFICE
1977.
:
this the 4th day of
c'ln
County,
May, A.E.
a
Te'xas
My Cor1rrt{ssion Expires
June
l,
l9v7
:- li
tr-
., ;ii: ..' .:iii.. :
r':
l:
,.1'
t::
;;.:t:i:l:.:: ..:.i'
.
