DECLARATION OF COVENANTS AND RESTRICTIONS
SPICEWOOD ESTATES, SECTION TWO
THE STATE OF TEXAS 3-45-2788
COUNTY OF TRAVIS
THIS DECLARATION, made on the date hereinafter set forth by HILLVIEW, INC.,
a Texas Corporation, hereinafter referred to as "Declarant".
Declaration and desires to create thereon a residential community with designated "Lots" (as the term is defined herein), for the benefit of the present and future owners of said Lots; and,
WHEREAS, Declarant desires to provide for the preservation of the values and WHEREAS, Declarant is the owner of the real property described in Article III of this quality in said community, and, to this end, desires to subject the real property described in Article III to the covenants, restrictions, easements, conditions and other provisions hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof;
NOW THEREFORE, the Declarant declares that the real property described in Article III is and shall be held, transferred, sold, conveyed, occupied, and enjoyed subject to the covenants, restrictions, easements, conditions and other provisions (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth.
The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings:
(a) "The Subdivision" shall mean and refer to SPICEWOOD ESTATES, SECTION TWO.
(b) "The Property" shall mean and refer to the properties described in Article III hereof which are
subject to this Declaration.
(c) "Subdivision Plat" shall mean and refer to the map or plat of SPICEWOOD ESTATES, SECTION TWO,
recorded in the Plat Records of Travis County, Texas.
(d) "Lot" and/or "Lots" shall mean and refer to each of the lots shown upon the Subdivision Plat.
(e) "Owner" shall mean and refer to the record owner whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property, but notwithstanding any applicable theory of the mortgage, shall not
mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to
foreclosure or any proceeding in lieu of foreclosure.
The Subdivision Plat dedicated for use as such, subject to the limitations set forth therein, certain streets and easements shown thereon, and such Subdivision Plat further establishes dedications, limitations, reservations and restrictions applicable to the Property. All dedications, limitations, restrictions and reservations shown on the Subdivision Plat affecting the Property are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property.
Property Subject To This Declaration
Section 1. Description. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration consists of the following: all of SPICEWOOD ESTATES, SECTION TWO, a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Book 83, Pages 98C - 99A, Plat Records, Travis County, Texas; all of which real property is sometimes hereinafter referred to as "Property".
Section 2. Municipal Utility District. The Property is located entirely within the boundaries of the Northwest Travis County Municipal Utility District No. 1 and is subject to all rules and regulations of said utility district. Each Owner, upon acceptance of title to a Lot covenants and agrees to pay all reasonable and necessary charges of such utility district and to perform all the other obligations of an Owner within such utility district.
Architectural Control Committee
Section 1. Approval of Plans. No building, structure, fence, wall or other improvements shall be commenced, erected, constructed, placed or maintained upon the Property, nor shall any exterior addition to or change or alteration thereof be made until the detailed plans and specifications showing the nature, kind, shape, height, materials (including quality thereof), landscaping and location therefor shall have been submitted to and approved in writing as to location and situation on the Lot, and as to harmony of external design or location in relation to property lines, building lines, easements, grades, surrounding structures (including but not limited to the effect such structure or other improvement will have upon the view of the natural terrain and scenery from surrounding structures), walks, trees and topography by the Architectural Control Committee constituted as provided herein. The submitted plans and specifications shall specify, in such form as the Architectural Control Committee may reasonably require, the nature, kind, shape, height, exterior color scheme, materials to be incorporated into, and location of the proposed improvements or alterations thereto. In the event said Architectural Control Committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required as to such plans and specifications, and the provisions of this Section will be deemed to have been satisfied; provided however, that the failure of the Architectural Control Committee to approve or disapprove such plans and specifications within such thirty (30) day period shall not operate to permit any structure, fence, wall or other improvement to be commenced, erected, placed, constructed or maintained on any Lot in the Property in a manner contrary to any provision of this Declaration. Without limitation of the powers herein granted, the Architectural Control Committee shall have the right to specify requirements for each Lot as follows: minimum setbacks; the location, heights, and extent of fences, walls, or other screening devices; and the orientation of structures with respect to garage access and major entry and frontage. The Architectural Control Committee also shall have full power and authority to reject any plans and specifications that do not comply with the restrictions herein imposed or meet its minimum construction requirements or architectural design requirements or that might not be compatible in the sole discretion of the Architectural Control Committee, with the design or overall character and aesthetics of the Property.
Section 2. Committee Membership. The Architectural Control Committee shall consist of not less than two (2) persons, and shall be initially composed of Leon A. Whitney and Kay D. Whitney. The members of the Architectural Control Committee shall be appointed by and serve at the pleasure of Declarant. The members of the Architectural Control Committee, by a majority vote, may designate a representative or representatives to act for them. In the event of death or resignation of any member of members of the Committee the remaining member or members shall appoint a successor member or members, and until such successor member or members shall have been so appointed, the remaining members shall have full right, authority and power to carry out the functions of the Architectural Control Committee as provided herein.
Section 3. Transfer of Authority to the Lot Owners. The duties, rights, powers and authority of the Architectural Control Committee, as provided herein, may be assigned at any time, at the sole election of Declarant, to the then Owners. Upon such assignment the then Owners, by a majority vote, shall appoint (at intervals of not more than five (5) years) the members of the Architectural Control Committee.
Section 4. Construction Requirements.
(a) Only new construction materials (except for used brick) shall be used and utilized in constructing any structures situated on a Lot. The exterior walls on the ground floor of any residence shall consist of not less than ninety percent (90%) stone or masonry construction. For purposes of determining the stone or masonry requirement, covered porches (whether masonry or not) shall be considered masonry or stone construction. Any exterior fireplace chimney (exterior or interior) shall consist entirely of stone or masonry construction; provided, however, this sentence shall not prohibit the use of a metal firebox and/or flue within the stone or masonry chimney. The construction requirements
specified in this Section 4.(a) may be adjusted or waived by the written consent of the Architectural
Control Committee prior to construction.
(b) All exterior construction of the primary residential structure, garage, porches and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work completed, all interior walls, ceilings and doors completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other floor covering) shall be completed not later than twelve (12) months following the commencement of construction. For the purposes hereof, the term "commencement of construction" shall be
deemed to mean the date on which the foundation forms are set.
(c) No window air conditioners shall be permitted to be used, placed or maintained on or in any building in any part of the Property, unless it is not visible from the street.
(d) No roofs of the structures situated on any Lot shall be constructed of composition/fiberglass shingles weighing less than 300 pounds per square (100 square feet) unless adjusted or waived by the written consent of the
Architectural Control Committee prior to construction.
(e) No unsightly or elaborate antennae for receiving and/or transmitting television and/or radio signals will be allowed, excepting this restriction is not to be construed to prohibit the smaller conventional television rooftop antennae for normal viewing purposes. A microwave dish or similar such equipment for receiving and/or transmitting television and/or radio signals shall be permitted, provided that such microwave dish or similar such equipment is not visible from the street and provided further that the proposed location thereof shall have been first submitted to and approved in writing as to location and situation on the Lot (including, but not limited to, the effect the location of such microwave dish or similar such equipment will have upon the views from surrounding structures) by the Architectural Control Committee.
(f) Unless adjusted or waived by the written consent of the Architectural Control Committee prior to commencing landscaping, the front yard of any residence shall be landscaped as a lawn and no gravel, rocks or similar material shall be placed in the front of any residential structure situated on a Lot, excepting this restriction is not to be
construed to prohibit circular driveways, sidewalks and retaining walls.
Section 5. Size of Residences. No single family structure with a heated area of less than two thousand (2000) square feet, exclusive of the area of garages, porches, or other appurtenances or appendages, shall be erected on any Lot, unless adjusted or waived by the written consent of the Architectural Control Committee prior to construction.
Section 6. Building Location. No structure or other improvement shall be located on any Lot between the building setback lines shown on the Subdivision Plat and the street. No building shall be located nearer than five (5) feet to any side Lot line. Notwithstanding the foregoing minimum side yard provision to the contrary, in no event shall the sum of the widths of the side yards of any Lot be less than fifteen (15) feet. For the purposes hereof, the term "side yard" shall mean and refer to that portion of the Lot lying between the side Lot line and a line coincident with the exterior wall of the structure situated on such Lot which is nearest such side Lot line. No main residence building nor any part thereof including garages shall be located on any Lot nearer than fifteen (15) feet to the rear Lot line. In the case of irregular shape Lots where a clear differentiation cannot be made between rear and side Lot lines, the Architectural Control Committee will rule and determine their location. For the purposes of this Section, eaves, steps, driveways and open porches shall not be considered as a part of the building; provided, however, that the foregoing shall not be construed to permit any improvement on any Lot to encroach upon another Lot. Unless otherwise approved in writing by the Architectural Control Committee, each main residence building will face the front of the Lot.
Section 7. Fences, Walls, and Hedges. No fence, wall or hedge shall be placed, or permitted to remain, on any Lot nearer to the street or streets adjoining such Lot than is permitted for the main residence on such Lot,
and such fence, wall or hedge shall not exceed eight (8) feet in height.
Fences must be of ornamental iron, wood or masonry construction. No chain link or wire fences shall
be permitted, except in special circumstances, such as to enclose a swimming pool or tennis court, and
the express written consent of the Architectural Control Committee shall be first obtained.
Section 8. Shrubs and Trees. No shrub or tree planting which obstructs sight lines at elevations between two (2) and seven (7) feet above the roadway shall be planted on any corner Lot within the triangular area formed by the curblines of such intersecting streets and a line connecting such curbline at points twenty-five (25) feet from their intersection, or, in the case of a rounded corner, from the intersection of the curblines as extended. The same sight line limitation shall apply on any Lot within ten feet of the intersection of a street curbline and the edge of a driveway. No trees shall
be permitted to remain within such distances of such intersections unless the foliage line is maintained at a
height of more than seven (7) feet above ground level.
Building and Use Restrictions
Section 1. Residence Buildings and Garages. Unless otherwise provided in these covenants and restrictions, no building or other structure shall be built, placed, constructed, reconstructed or altered on any Lot other than one detached single family structure, and no structure shall be occupied or used until the exterior construction thereof is completed. Each single family structure situated on a Lot shall have an enclosed, attached or detached garage for not less than two (2) automobiles. No carport shall be built, placed or constructed or reconstructed on any Lot. All Owners,
their families, tenants and contract purchasers shall, to the greatest extent practicable, utilize such garages
for the garaging of vehicles belonging to them. Detached garages shall be attached to the main dwelling
by a common wall or by a covered passageway.
Section 2. Residential Use. Each Lot (including land and improvements) shall be used and occupied for residential purposes only. No Owner or other occupant shall use or occupy his Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family residence for the Owner or his tenant and their families. As used herein the term "residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of Lots for garage apartments or other apartment use. No Lot shall be used or occupied for any
business or commercial purpose.
Section 3. Temporary and Other Structures. No structure of temporary character, trailer, mobile, modular or prefabricated home, tent, shack, barn or other outbuildings shall be erected, placed, 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; provided however, servant's quarters of one story, or a one story guest house not to exceed 800 square feet of floor area will be permitted provided that the main dwelling be substantially completed prior to said erection and provided further that all other restrictions, covenants, conditions and uses herein are complied with. No residence house, garage or other structure appurtenant thereto, shall be moved upon any Lot from another location; except however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain, such facilities in and upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements in the Property. Such facilities may include, but not necessarily be limited to a temporary office building, storage area, sign, portable toilet facilities and sales office. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with the
construction and sales operations in the Property, but in no event, shall a builder have such right for a period
in excess of one month from the date of substantial completion of his last residence in the Property.
Section 4. Nuisance. No noxious or offensive activity shall be carried on or permitted upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. No trucks larger than three quarter (3/4) ton, motor vehicles not currently licensed, boats, trailers, campers, motor or mobile homes, recreational vehicles or other vehicles shall be permitted to be parked on any Lot, unless they are not visible from the street or on any street, except passenger cars and trucks three-quarter (3/4) ton or smaller may be parked on the street in front of the Lot for a period not to exceed twelve (12) hours in any twenty-four (24) hour period.
No repair work, dismantling, or assembling of motor vehicles or other machinery or equipment shall
be done or permitted on any street or driveway.
Section 5. Signs. Except for signs, billboards or other advertising devices displayed by Declarant for so long as Declarant or any successors or assigns for Declarant to whom the rights of Declarant under this Section 5 are
expressly transferred, shall own any portion of the Property, no sign of any kind shall be displayed to the public
view on any Lot except:
(a) Builders may display such signs, of not more than five (5) square feet, on a Lot as are reasonably necessary to advertise the Lot and any residential structure situated thereon for sale during the sales and/or construction period; and,
(b) Any Owner may display one (1) sign of not more than five (5) square feet on a Lot to advertise the Lot, and any residential structure located thereon, for sale or rent.
Declarant or its agent shall have the right to remove any sign not complying with the provisions of this Section, and in so doing, shall not be liable and is expressly relieved of any liability for trespass or other tort in connection therewith, or arising from such removal.
Section 6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other common household pets (not to exceed three (3) adult animals) may be kept, but they
shall not be bred or kept for commercial purposes.
Section 7. Lot Maintenance, Garbage, Refuse Storage and Disposal. The Owner or occupants of all Lots shall at all times maintain the Lot and the improvements situated thereon in a neat, orderly, healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping grounds for garbage, trash, junk or other waste matter. All trash, garbage or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials, with tightly-fitting lids, which shall be maintained in a clean and sanitary condition and kept from public view. No Lot shall be used for open storage of any materials whatsoever, which storage is visible from the street, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time so long as the construction progresses without unreasonable delay, until completion of the improvements, after which these materials shall either
be removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash, debris or other
waste matter of any kind shall be burned on any Lot.
Section 8. Septic Tanks. No privy, cesspool, water supply system or septic tank shall be placed or maintained
upon or in any Lot, or other portion of the Property.
Section 9. Driveways. Each Lot must be accessible to an adjoining street by a hard surface single ribbon driveway suitable for such purposes before the residential structure located on any such Lot may be occupied or used.
Section 10. Minimum Lot Area. No Lot shall be resubdivided unless such resubdivision results in each resubdivided Lot containing not less than nine thousand (9000) square feet, nor shall any building be erected or placed on any Lot having an area of less than nine thousand (9000) square feet. No resubdivision shall be permitted that would increase
the total number of Lots in the Subdivision.
Section 11. Oil and Mining Operations. No oil drilling or development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, minerals excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section 1. Duration. 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 the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for an initial term commencing on the effective date hereof and ending December 31, 2013. During such initial term, the covenants and restrictions of this Declaration may be changed or terminated only by an instrument signed by the then Owners of all Lots in the Subdivision and properly recorded in the appropriate records of Travis County, Texas. Upon the expiration of such initial term, said covenants and restrictions (as changed, if changed), and the enforcement rights relative thereto, shall be automatically extended for successive periods of ten (10) years. During such ten (10) year extension periods the covenants and restrictions of this Declaration may be changed or terminated only by an instrument signed by the then Owners of not less than fifty-one percent (51%) of all the Lots in the Subdivision and properly recorded in the appropriate records of Travis County, Texas.
Section 2. Enforcement. Any Owner shall have the right to enforce, by proceedings at law or in equity, all restrictions, covenants, conditions and all other provisions set out in this Declaration. Failure of any Owner to take any actions upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of their right to take enforcement actions upon any subsequent breach or default.
Section 3. Amendments by Declarant. The Declarant shall have and reserves the right at any time and from time to time, without the joinder or consent of any other party to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record for the purpose of correcting any typographical or grammatical error, 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 shall not impair or affect the vested property or other rights of any Owner or his mortgagee.
Section 4. Interpretation. If this Declaration or any word, clause, sentence, paragraph, or other part thereof shall be susceptible of one or more conflicting interpretation, then the interpretation which is most nearly in accordance with the general purposes and objectives of this Declaration shall govern.
Section 5. Omissions. If any punctuation, word, clause, sentence, or provision necessary to give meaning, validity or effect to any other be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
Section 6. Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed.
Section 7. Severability. Invalidation of any one or more of the covenants, restrictions, conditions or provisions contained in the Declaration, or any part thereof, shall in no manner affect any of the other covenants, restrictions, conditions or provisions hereof, which shall remain in full force and effect.
First City National Bank of Austin and Leon A. Whitney, the owners and holders of liens covering all of the Property have executed this Declaration to evidence their respective joinder in, consent to, and ratification of the imposition of the foregoing covenants, conditions and restrictions.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, the Lienholders have executed this Declaration to be effective, this the 7th day of November, 1983.
HILLVIEW, INC., a Texas Corporation
Leon A. Whitney, President
ATTEST: FIRST CITY NATIONAL BANK OF AUSTIN
Leon A. Whitney