High Hollows V Deed Restrictions

DEED RESTRICTIONS
HIGH HOLLOWS V

DEED RESTRICTIONS

STATE OF TEXAS

COUNTY OF DALLAS

KNOW ALL MEN BY THESE PRESENTS:

TRIPLE J REALTY CO., hereinafter called Declarant, is the owner in fee simple of certain real property located in Hunt County, Texas, known as High Hollows V, Hunt County, Texas.

For the purpose of enhancing and protecting the value, attractiveness and desirability of the lots or tracts constituting such subdivision, Declarant hereby declares that all of the real property described above and each part thereof shall be held, sold, and conveyed only subject to the following easements, covenants, conditions and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, their heirs, successors, legal representatives and assigns, and shall inure to the benefit of each owner thereof.

Section 1. Each tract shall be used as a residence for a single family and for no other purpose. However, until said tracts are developed into residences, the said tract, or any part thereof, may be used for grazing of animals or for agricultural purposes.

Section 2. No business of any kind shall be conducted from any residence with the exception of the business of Declarant and the transferees of Declarant in developing all of the lots as provided in Section 10, below.

Section 3. No noxious or offensive activity shall be carried on, or in, any tract with the exception of the business of Declarant and the transferees of Declarant in developing all of the tracts as provided in Section 10, below.

Section 4. No sign of any kind shall be displayed to public view on a tract without the prior written consent of the Declarant, except customary name and address signs and lawn signs of not more than five (5) square feet in size advertising a property for sale or rent.

Section 5. Nothing shall be done or kept on a tract which would increase the rate of insurance relating thereto without the prior written consent of the Declarant, and no owner shall permit any thing to be done or kept on his tract which would result in cancellation of insurance on any residence, or which would be in violation of any law.

Section 6. No hogs or pigs are to be raised, kept or bred on any tract covered hereby. No feed lot type operation for cattle will be permitted. Cows, Horses, poultry, dogs and certain other types of household pets can be kept subject to the following limitation per acre of land owned: no more than two large domestic animals (cows and horses); four sheep; four goats; three dogs; 50 domestic fowl in any combination.

Section 7. No rubbish, trash, garbage or other waste material shall be kept or permitted on any tract except in sanitary containers located in appropriate areas concealed from public view.

Section 8. No fence, hedge, wall or other dividing instrumentality over seven (7) feet in height measured from the ground on which it stands shall be constructed or maintained on any tract, except that Declarant and transferees of Declarant may vary or exceed such height in constructing fences in accordance with existing architectural plans and with approval of Declarant and all other property owners within the subdivision.

Section 9. No outbuilding, basement, tent, shack, garage, trailer, shed, mobile home or temporary building of any kind shall be used as a residence, either temporarily or permanently.
The definition of “MOBILE HOME” also means (DOUBLE WIDE, MODULAR HOME, MANUFACTURED HOME, WHETHER OR NOT DESCRIBED AS A HUD CODE MANUFACTURED HOME) or any type of home, regardless of name, that is built in one or more sections or segments, and transported to the homesite by attached wheels or by a truck or any type of vehicle.

Section 10. Declarant or the transferees of Declarant shall undertake the work of developing all tracts included within the subdivision. The completion of that work, and the sale or other disposal of residential units is essential to the establishment and welfare of the subdivision as an ongoing residential community. In order that such work may be completed and the subdivision be established as a fully occupied residential community as soon as possible, nothing in this declaration shall be understood or construed to:

Prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of the Declarant or Declarant's transferees from doing on any part or parts of the subdivision owned or controlled by Declarant or Declarant's transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work;
Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declaiant's transferees from constructing and maintaining on any part or parts of the subdivision property owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary;
Prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of the subdivision property owned or controlled by Deciarant or Declarant's transferees or their representatives, the business of completing such work, or establishing the subdivision as a residential community, and of disposing of tracts by sale or otherwise;
Prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the tracts owned or controlled by any of them as may be necessary in connection with the sale or otherwise of subdivision tracts.

As used in this Section, the word "its transferees" specifically excludes the purchasers of lots improved with completed residences, but includes purchasers of undeveloped lots or tracts.

Section 11. No lot In any subdivision created within the subject tract shall be less than two (2) acres in size.

Section 12. Residences constructed in this subdivision must meet the building code of the appropriate jurisdiction and must be site built and constructed with new materials and construction must be completed within 18 months of the date construction begins. Residences may be either one or two story, but a minimum living area requirement for the first story GROUND FLOOR, and second story must be met. GROUND FLOOR is defined as living area at natural grade level
(plus or minus 12 vertical inches) and excludes any area contained beneath grade level. Also excluded is area contained in a garage whether attached or detached. Basements are permissible but their area may not be used to fulfill minimum first story ground level restrictions and requirements. SECOND STORY shall be used as living area and is defined as area above a full height first story ground floor. Residences with attached garages must have garage openings either on the side or the rear of the house. All foundations must be of reinforced concrete, either slab or pier and beam. On pier and beam foundations, the perimeter beam must be continuous, except for a reasonable number of access openings. EXTERIOR SIDING: A minimum of 75% of exterior siding must be of masonry, either brick or stone or a combination of the two materials. The remaining 25% or less must be of a material which is maintenance free, that is, a material that does not require periodic painting to maintain an acceptable appearance. It is recommended that cedar or redwood be used. If other types of siding are to be used, permission, in writing must be obtained from the Declarants. On interior tracts, those not fronting on FM36 or C. R. 2513 [ Dry Creek (County) Road], it will be permissible to construct log cabin residences. Plans for all residences regardless of construction type or whether or not they are for a log cabin shall be submitted in advance and approved in writing by the Declarants before construction commences. No residence shall have a ground floor living area of less than 3000 square feet. (Section A) A minimum of 2,700 sq. ft. of ground floor living area for a one story house OR 2,500 sq. ft. of ground floor living area plus at least 1,000 square feet of upstairs living area (total of 3,500) for a two story house. (Sections B, C, D, E, F) With respect to log cabin residences, the Declarants reserve the right to amend these restrictions to prohibit log cabins from being erected on tracts which are unsold or undeveloped at the time these restrictions are recorded.

(a) With respect to Section C, Lot 6, no residential or commercial use is permitted. This area is to remain a natural park preserve. It shall remain in a natural state and is intended primarily as a natural watershed, animal habitat and plant preserve. A single structure not to exceed 1,250 square feet may be built, and the sole use of this structure shall be a meeting place for residents of High Hollows V, or with their permission, for others to join them in observation and preservation of this natural habitat. This structure may be enclosed or open on any or all sides. It may contain a built in grill with a brick or stone chimney. The structure may have a concrete foundation and shall be constructed of natural stone, brick or natural (unpainted but preserved) wood. Unpaved trails may be constructed, however any motorized vehicles are prohibited. This land may be deeded to a homeowners association or nature conservancy organization for a transfer fee of $10.00.

Section 13. There shall be no improvements constructed between the residence and the street, other than a fence or wall.

Section 14. There shall be a minimum set-back of ninety-five (95) feet from the West Boundary of the right-of-way for FM36 for all residences constructed on tracts which front, on FM 36. Residences on all other tracts shall have a minimum set-back of Seventy five (75) feet from the closest boundary of the road or street on which they front. To determine Utility Easement Requirements, refer to notations on the attached plat of HH V.

Section 15. The storage of any inoperable or partially or fully dismantled automobiles, trucks or other motorized vehicles, trailers or wagons shall not be permitted on the visible part of any tract in the subdivision.

Section 16. No wind mill or wind powered generator may be erected or used unless it is less than 5 feet above the tallest point of the residence on which is located at or servicing. The device can not be visible from any other tract or lot within High Hollows V and it can not be heard from any other tract or lot within High Hollows V. Permission to erect a windmill or wind generator bust be obtained in writing from 100 per cent of tract or lot ownders within High Hollows V.

Section 17. Declarant, transferee, or any tract owner shall have the right to enforce, by any proceeding of law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant or by any owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of right to do so thereafter.

Section 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

Section 19. Covenants and restrictions of this Declaration may be amended by duly recording an instrument executed and acknowledged by all of the then current tract owners. This provision shall
not invalidate the Declarants right to withdraw the variance concerning log cabin houses referred to in Section 12..

Section 20. No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith. Such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee's sale, or otherwise.

Section 21. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by any owner of the subdivision or any Tract therein for a period of twenty-five (25) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of ten (10) years, unless otherwise agreed in writing by the then owners of at least seventy-five (75%) percent of the subdivision tracts, and filed of record in the Deed Records of Hunt County, Texas.

Buyer initial______ Seller initial______

Executed at Dallas, Texas this __________day of _______________, 20 ____.

TRIPLE J REALTY CO.

___________________________
Irene Jacobs, General Partner

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