Covenants and Restrictions

The following Deed Restrictions and Covenants are for Section 1 which vary only slightly from Sections 2, 3, and 4. The Architectural Control Committee will provide copies of your restrictions upon request.

DECLARATION
1. DEFINITIONS
2. PROPERTY SUBJECT TO THIS DECLARATION
3. LAND USE AND BUILDING TYPES
4. ARCHITECTURAL CONTROL COMMITTEE
5. DWELLING COSTS, QUALITY AND SIZE
6. SIDEWALKS
7. SETBACK REQUIREMENTS
8. FENCES, WALLS, HEDGES
9. LOT AREA AND WIDTH
10. EASEMENTS
11. NUISANCES
12. TEMPORARY STRUCTURES OR EMPLACEMENTS
13. TRUCKS, BUSES AND TRAILERS
14. SIGNS AND SALES PROGRAM
15. OIL, GAS, MINERAL, MINING, AND EXCAVATION OPERATIONS
16. LIVESTOCK AND POULTRY
17. STORAGE AND VEHICLE REPAIRS
18. MAINTENANCE OF LOTS
19. GARBAGE AND REFUSE DISPOSAL
20. MASONRY REQUIREMENTS
21. UTILITIES AND UNDERGROUND ELECTRIC SYSTEMS
22. TERM
23. ENFORCEMENT
24. RELEASE OF RESTRICTIONS




DECLARATION OF COVENANTS AND RESTRICTIONS

THIS DECLARATION, made this 24th Day of February, 1983, by GUNN-MCDANIEL JOINT VENTURE, a joint venture partnership with its principal offices in Travis County, Texas, "Developer":

WITNESSETH:

WHEREAS, Developer is the owner of the real property described in Article 2 of this Declaration and desires to create thereon a residential subdivision known as "The Park of Spicewood Springs, Phase One, Section One" with streets, utilities and certain other common facilities for the benefit of the said subdivision; and

WHEREAS, Developer desires to provide for the preservation of the values and amenities in said subdivision and for the maintenance of said streets, utilities and other common facilities, and to this end, desires to subject the real property described in Article 2 to the covenants, restrictions easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and

WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values, attractiveness and desirability of the lots in said subdivision administering and enforcing certain covenants and restrictions hereinafter created;

NOW, THEREFORE, the Developer declares that the real property described in Article 2, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and easements (sometimes referred to as "covenants and restrictions") hereby imposed on said property, and such restrictions and covenants shall constitute covenants running with interest in any Lot or Lots in said subdivision, their heirs, successors and assigns, and shall inure to the benefit of each owner of any such Lot or Lots in said subdivision, to-wit:



1. DEFINITIONS

(a) "The Property" Shall mean and refer to all such existing property, as are subject to this Declaration under the provision of Article 2 hereof.

(b) "Lot" shall mean and refer to any of the numbered lots shown upon any recorded subdivision map of the Property (including Lots in any permitted resubdivision and Lots in any additional lands added to this Declaration as provided herein).

(c) "Owner" shall mean and refer to the record owner, whether one of more personals or entities, of the fee simple title to any Lot situated upon the Property, including contract Sellers, but excluding those having such interest merely as security for the performance of an obligation.


2. PROPERTY SUBJECT TO THIS DECLARATION

The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Travis County, Texas and is more particularly described as follows:

All lots in The Park of Spicewood Springs, Phase One, Section One, a subdicvision in Travis County, Texas, according to the map or plat thereof of record in Book 81, Pages 355-357, Plat Records of Travis County, Texas all of which property shall hereinafter be referred to as the "Property".


3. LAND USE AND BUILDING TYPES

Each lot shall be used as a residence for a single-family and for no other purpose. No portion of a lot, nor building located thereon, except for the entire lot, together with all improvements located thereon, may be rented, and such entire lot may be rented only to a single family. Garage and other apartments are prohibited. No building shall be erected, altered, placed or permitted on any lot other than one detached, single-family dwelling, and with an attached private garage or carport for not more than three (3) cars.

No such building improvement, structure or antenna erected or placed on any lot shall exceed two (2) stores or forty (40) feet in height. No business of any kind shall be conducted in any residence or on any lot with the exception of the business of Developer, it successors, transferees, or assigns in developing all of the lots within the subdivision.


4. ARCHITECTURAL CONTROL COMMITTEE

The Architectural Control Committee shall be composed of two (2) persons. The initial members of the committee shall be WILLIAM T. GUNN, III, and JOSEPH MCDANIEL. No member of the Committee shall be entitled to any compensation fro services performed pursuant to this covenant.

At any time, the record owners of two-thirds of the lots covered hereby shall have the power through a duly executed written instrument recorded in the Deed Records of Travis County, Texas, change the membership of the committee. Any member of the Committee may resign therefrom, and the remaining member of the Committee shall appoint his successor, subject to change by the record Owners of two-thirds of the Lots covered hereby as provided above. No building structure, fence, wall, improvement, antenna nor any mechanism or devise that provides for the collection, storage or distribution of solar or wind energy for use as thermal, mechanical or electrical energy and that is not part of a building, shall be erected, placed, altered or maintained on any Lot until a copy of the construction plans and specifications an/or a plan showing the location of the structure have been delivered to and approved by at least one member of the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with the existing structures and as to the location with respect to topography and finished grade elevations. The plans and specifications shall be properly prepared in a manner so as to be clearly understood. The plans and specifications and the plan showing the location of the proposed structure shall remain in the possession of said Architectural Control Committee until this subdivision has been completed in its entirety. If the Architectural Control Committee fails to approve or disapprove within thirty (30) days after the plans and specifications have been submitted to it, or in any event, if not suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and related covenants shall be deemed to have been fully complied with. When, in the opinion of the Architectural Control Committee, a waiver or modification of any of the restrictive covenants therein would not impair or detract from the high quality of this subdivision, it may, by written instrument in recordable form, waiver or modify a restriction.


5. DWELLING COSTS, QUALITY AND SIZE

No single-family residential dwelling, exclusive of open porches and garages, shall contain less than 1,500 square feet for a single-family residential dwelling of not more than one story or shall be less than 150 square feet for a single-family residential dwelling of more than one-story with the combined area of the first and second floors of not less than 1,500 square feet.


6. SIDEWALKS

A sidewalk shall be constructed (in accordance with applicable City of Austin requirements) on such lots as indicated on the subdivision plat of the Property, and plans for each residential building on each of said lots shall include plans and specifications for such sidewalk and the same shall be constructed and completed prior to occupation of the residential building. No other sidewalks shall be permitted on any lot without the approval of the Architectural Control Committee.


7. SETBACK REQUIREMENTS

All buildings (including without limitation, all permanent and temporary structures, outbuildings, sheds and storage buildings) shall comply with the setback requirements set forth on the plat of the subdivision of record in Book 81, Pages 355-357 of the Plat Records of Travis County, Texas.


8. FENCES, WALLS, HEDGES

No exterior fences, walls, hedges or accessory buildings or structures may be erected, placed, or altered on any lot which extends beyond the front of the dwelling erected thereon toward the street on which the lot is situated until the plans and specifications showing the construction and location of such wall, fences or hedges are submitted to the Architectural Control Committee and approved as to design, materials, and height. All fences shall be of ornamental iron, masonry, rock or wood construction. No chain-link fences shall be permitted, except to enclose swimming pools and only if they are not visible from any street.


9. LOT AREA AND WIDTH

No lot may be resubdivided without the specific approval of the Architectural Control Committee. All Owners by acceptance of a conveyance of any Lot shall be deemed conclusively and automatically to have consented and agreed to any such further subdivision of Lots and to have consented to the vacation (or partial vacation) of the subdivision plat of the Property, in the event the same is necessary for any Lot or Lots to be resubdivided, provided that (and the consent herby given subject to and conditioned upon) said resubdivision shall be accomplished by a replatting of the entire Property so vacated, which replatting shall in no manner change or modify the then existing subdivision plat or plats except to reflect the new Lot lines of the Lot or Lots being resubdivided and provided further that said resubdivision shall in no other manner effect, limit, release, ore waive any other covenant and condition as set forth in this Declaration.

WILLIAM T. GUNN, III, is hereby appointed, and all Owners by acceptance of a conveyance subject to this Declaration shall b e deemed to make, constitute and appoint WILLIAM T. GUNN, III, the lawful attorney-in-fact of all Owners to act in their respective names, places, and stead, to do such acts and to execute such plats, applications, consents to vacation or other instruments as said WILLIAM T. GUNN, III, may deem proper or advisable to effectuate the vacation and resubdivision as set forth above, subject to and in accordance with the provisions hereof.


10. EASEMENTS

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plat of record in Volume 81, Pages 355-357, of the Plat Records of Travis County, Texas. Further, Developer and its predecessors in title have heretofore granted, created and dedicated certain other easements and related rights affecting the Property, and each conveyance of any Lot is made and accepted subject to all of such easements, dedications and reservations, if any, to the extent and only to the extent the same may be in force and effect of record in the Office of the County Clerk of Travis County, Texas or that may be apparent on the Property.

Within these easements, no structure, trees, vines, plants or any other thing shall be placed or permitted to remain which may in any way damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except of those improvements for which a public authority or utility company is responsible. Developer reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically inserting, repairing, or maintaining public utilities, and further reserves the right to grant, dedicated, reserve or otherwise create, at any time and from time to time, easements for public utility (including cable television lines) purposes along and on either or both sides of any lot line, which easement shall not exceed seven and one-half feet in width on each side of any lot line. There is further hereby created an easement upon, across, over and under all of the Property and easement for purposes of ingress and egress in connection with the installation, maintenance and repair of all public utilities and appurtenances thereto.


11. NUISANCES

No noxious or offensive activities of any kind shall be permitted upon any lot, nor shall anything be done thereon which constitutes a nuisance or which may be or may become an annoyance to the neighborhood.


12. TEMPORARY STRUCTURES OR EMPLACEMENTS

No structure or emplacements of a temporary character, mobile home, trailer, derelict, junk or racing motor vehicle, or any motor vehicle without current license tag, or any tent, shack, barn or other outbuilding which exceeds six (6) feet in height or is in excess of six (6) feet in width and ten (10) feet in length, shall be erected, placed, driven onto, altered or permitted to remain on any lot at any time, either temporarily or permanently, without the prior written consent of the Architectural Control Committee. No mobile home or preconstructed building of any kind may be moved upon any lot for any purpose, save and except that Developer or it successors or assigns, or duly authorized agents may utilize temporary structures for a sales office or construction office which may be moved onto a lot. This provision shall not apply to vehicles, equipment or temporary structures utilized by Developer when engaged in construction or repair work, or such work as may reasonably be necessary for the completion of the subdivision as a residential community and the disposition of lots by sale, lease, or otherwise.


13. TRUCKS, BUSES AND TRAILERS

No truck, bus, motor home or trailer shall be parked in the street in front of any lot except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity, and no truck, bus, boat, or trailer shall be parked on the driveway or any portion of the lot as to be visible from the street.


14. SIGNS AND SALES PROGRAM

No signs of any kind shall be displayed for public view on any lot excepting that one professional sign of not more than three square foot in size, one sign of not more than one hundred (100) square feet advertising the property for sale or rent, or signs of modes dimensions used by a builder to advertise the property during the construction and sale period may be permitted. The "for sale" sign on any new construction and sale period may be permitted. The "for sale" sign on any new construction shall be as approved by the Architectural Control Committee.


15. OIL, GAS, MINERAL, MINING, AND EXCAVATION OPERATIONS

No oil, gas, mineral, mining or excavation operations of any kind or character, no drilling of prospecting for oil, gas or other minerals, no oil, gas or other mineral development operations, refining, quarrying, or mining operations shall at any time be permitted upon any lot or other area within the subdivision. No oil wells, derricks or tanks, tunnels, mineral excavations or shafts designed for oil or gas production or exploration or for the mining of any other mineral shall ever be permitted upon any lot or any other area of the subdivision.


16. LIVESTOCK AND POULTRY

No animals, livestock or poultry of any kinds shall be raised, bred, or kept on any lot, except that dogs, cats or other small and domesticated household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.


17. STORAGE AND VEHICLE REPAIRS

If open carports are used, no unsightly storage shall be permitted therein that is visible from the roads. No boat, trucks, or unsightly vehicles shall be stored or kept for the purpose of repair on any Lot, except in enclosed garages or storage facilities protected from the view of the public and other residents.


18. MAINTENANCE OF LOTS

The owner of each Lot shall keep grass, weeds and vegetation trimmed or cut so that the same shall remain in a neat and attractive condition. No fence, wall or shrub or other structure of planting which obstructs sight lines shall be permitted without the specific approval of the Architectural Control Committee. The digging or removal of dirt or other surface material from any Lot, except as necessary in connection with landscaping or construction of improvements, is prohibited.


19. GARBAGE AND REFUSE DISPOSAL

No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and the same shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.


20. MASONRY REQUIREMENTS

Single-family dwellings located on interior lots shall have a minimum of twenty five percent (25%) of their exterior walls of the first floor of stone or msasonry construction. Single-family dwellings located on conrner lots shall have a minimum of fifty percent (50%) of the ground floor exterior walls facing streets of stone or masonry construction. In computing these percentages, (1) all gables shall be excluded from the total area of exterior walls, (2) all windows and door openings shall be excluded from the total area of the exterior walls; and (3) stone and masonry used on fireplaces, chimneys and walls of an attached garage may be included in the computation as stone or masonry used. A substitute for the masonry requirements of certain select cedar, redwood, or other similar materials may be submitted ot the Architectural Control Committee for approval.


21. UTILITIES AND UNDERGROUND ELECTRIC SYSTEMS

All buildings constructed on any lot shall be connected to the City of Austin or municipal utility district utility services. An underground electric distribution system will be installed to serve all lots in the subdivision, provided, however, perimeter lots may be served by overhead electrical lines and in such event the owner of such perimeter lots so served shall provide for overhead connection. The owner of each lot shall, at his own cost and expense, furnish, install, own and maintain (all in accordance with the requirements of local governmental authorities and the National Electrical Code) an underground service cable and appurtenances (except as herein provided) from the meter installed upon lot by the electric company to such point as may be designated by such company of the property line of such lot. The company furnishing electric service shall make the necessary connection at the property line and at the meter. Each owner shall also install, furnish, own and maintain at his own cost and expense a meter loop (in accordance with the then current standards and specifications of the electric company) for the residence constructed on the lot. For so long as underground service is maintained, the electric service to each lot shall be uniform in character and exclusively of the type known as single-phase 120-240 volt, 60 cycle, alternating current.


22. TERM

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time these covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the owners of a majority of the lots within the subdivision has been recorded, agreeing to change such covenants in whole or in part.


23. ENFORCEMENT

Enforcement shall be by proceeding in law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Reasonable attorney's fees shall be allowed to any party prevailing in any action in any court of competent jurisdiction to enforce any of the provisions contained in this instrument.


24. RELEASE OF RESTRICTIONS

Notwithstanding any provision of this instrument to the contrary, the Architectural Control Committee shall, with the written consent of the owners of not less than ninety percent (90%) of the lots in the subdivision have the right to amend the restrictions set out in this instrument. Upon the recordation of such amended restrictions, reflecting the acceptance of the Architectural Control Committee and the owners of not less than 90% of the lots in the subdivision, the restrictions set out in this agreement shall automatically and irrevocably terminate and be of no further force and effect as to the property covered by the substitute restrictions.


WITNESS its hand at Austin, Texas, this 23rd day of February, 1983.













Archive of the files from the previous website - the text above should be an exact copy

DECLARATION
1. DEFINITIONS
2. PROPERTY SUBJECT TO THIS DECLARATION
3. LAND USE AND BUILDING TYPES
4. ARCHITECTURAL CONTROL COMMITTEE
5. DWELLING COSTS, QUALITY AND SIZE
6. SIDEWALKS
7. SETBACK REQUIREMENTS
8. FENCES, WALLS, HEDGES
9. LOT AREA AND WIDTH
10. EASEMENTS
11. NUISANCES
12. TEMPORARY STRUCTURES OR EMPLACEMENTS
13. TRUCKS, BUSES AND TRAILERS
14. SIGNS AND SALES PROGRAM
15. OIL, GAS, MINERAL, MINING, AND EXCAVATION OPERATIONS
16. LIVESTOCK AND POULTRY
17. STORAGE AND VEHICLE REPAIRS
18. MAINTENANCE OF LOTS
19. GARBAGE AND REFUSE DISPOSAL
20. MASONRY REQUIREMENTS
21. UTILITIES AND UNDERGROUND ELECTRIC SYSTEMS
22. TERM
23. ENFORCEMENT
24. RELEASE OF RESTRICTIONS