Declaration of Protective Covenants

 

For

 

River Meadows Estates

 

Collin County, Texas

 

 

 

Dated: 

June 1, 2007

 

 

 

 

 

 

 

 

 

 

River Meadows

TABLE OF CONTENTS

 

ARTICLE 1.......................................................................................................................1

            USE RESTRICTIONS AND PROTECTIVE COVENANTS…………………...1           

1.                  Permitted uses…………………………………………………….1

2.                  Outbuildings…………………………………..…………………..1

3.                  Completion of Construction.……………………………………...1

4.                  Mobile Homes…………………………………………………….1

5.                  Domestic Water………………………………………………...…1

6.                  Septic Tanks……………………………………………………….1

7.                  Driveways…………………………………………………………2

8.                  Minimum Floor Area……………………………………………...2

9.                  Building Materials………………………………………………...2

10.              Side Line and Front Line Setback Restrictions…………………....2

11.              Fencing…………………………………………………………….2

12.              Common Area……………………………………………………..2

13.              Roofs………………………………………………………………3

14.              Shiny Materials……………………………………………………3

15.              Lighting……………………………………………………………3

16.              Hunting and Wildlife Controls…………………………………….3

17.              Domestic Animals…………………………………………………3

18.              Outbuildings Construction…..…………………………………….3

19.              Gas Tanks………………………………………………………….3

20.              Landscaping……………………………………………………….3

21.              Underground Utility Lines………………………………………...3

22.              Specific Architectural Details……………………………………..3

23.              Construction Site Maintenance and Upkeep………………………4

24.              Uses Specifically Prohibited………………………………………4

25.              Noxious or Offensive Activity or Sounds…………………………4

26.              Commercial Activity………………………………………………4

 

ARTICLE III……………………………………………………………………………..4

            GENERAL PROVISIONS……………………………………………………..…4

1.                  Covenants to Run……………………………………………….…4

2.                  Termination of Covenants…………………………………………4

3.                  Cost of the Committee…………………………………………….4

4.                  Amendment of Covenants…………………………………………5

5.                  Severability………………………………………………………..5

6.                  Executive Board……………………………………………...……5

7.                  Limited Liability………………………………………………..…5

 

 

 

 

 

ARTICLE I

USE RESTRICTIONS

 

1.                  Permitted Uses. 

A.     Residential Use Only.  The property shall be used for single-family residential purpose only.  No building or other structure shall be created, altered, placed or permitted to remain on any Lot other than (1) detached single-family residence per Lot, which residence may not exceed (2) stories in height, and necessary private garages, cabanas and storage buildings and other out-buildings, as provided below, which shall be constructed to minimum Federal Housing Authority (“FHA”) and Veteran’s Administration (“VA”) standards, unless otherwise approved in writing by the Executive Committee.

B.     Single-Family Use.  Each residence may be occupied by only one (1) family consisting of persons related by blood, adoption or marriage or no more than two (2) unrelated persons living and cooking together as a single housekeeping unit, together with any household servants and occasional guests.  This paragraph is intended to restrict communal-style living, such as group homes or facilities for rehabilitation, drug treatment, group foster homes, nursing or assisted group living arrangements.

2.                  Outbuildings.  Owners shall be permitted to build detached garage, barn and other customary accessory buildings, which buildings shall not exceed 2,500 square feet.  Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet.  No greenhouses or auxiliary buildings shall exceed 16 feet in height.  No accessory building shall be constructed prior to the construction of the primary residence.

3.                  Completion of Construction.  Any construction activity on any Lot in River Meadows Estates shall be completed, fully cleaned up, and landscaped within eighteen (18) months form the issuance of a building permit, unless the lot Owner shall first obtain a variance from the Executive Board to allow for a longer period of construction upon proof of a due diligence.  In the event a variance is not secured and eighteen (18) months from the issuance of a building permit has passed, the Executive Board may assess penalties in any amount it deems appropriate.

4.                  Mobile Homes.  No mobile homes shall be constructed or placed within the Subdivision.  This prohibition shall not apply to construction trailers which shall be permitted for 12 months from the date of commencement of construction for office, and storage purposes and shall not be occupied as a residence for any period of time.  All other trailer homes or temporary structures of any kind shall be prohibited.

5.                  Domestic Water.  Each structure located within the Property and designed for residential occupancy shall be required to drill a well or connect to a potable water system.

6.                  Septic Tanks.  All septic tanks shall be built and at all times operated and maintained in accordance with all local, state and federal rules, laws, codes and regulations regarding the same, and shall be kept at all times in compliance with all national building codes regarding same.  All septic tanks shall be chemically treated or otherwise serviced at reasonably sufficient intervals, in conformity with good practice and procedure, and pursuant to all rules and regulations established by the Executive Committee regarding the same.

7.                  Driveways.  Driveway design must be included on the plans submitted to the Executive Committee for approval.  All driveways shall be completed at the time of construction for the primary dwelling and shall be concrete (or masonry with a concrete base) or asphalt.

8.                  Minimum Floor Area.  The total air-conditioned living area of the main residential structure constructed on each Lot as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be not less than two thousand six hundred (2,600) square feet..

9.                  Building Materials.  No exterior building walls erected or constructed shall be clad or covered with materials other than brick, brick veneer, stucco or stucco-like material, stone or stone veneer.  The above named materials shall constitute at least eighty percent (80%) of each outside wall (except for the outside back wall which such materials shall constitute at least sixty (60%), excluding roofs, windows and doors, or unless otherwise approved by the Executive Committee.  A dwelling shall be placed on a Lot so as to face the street on which the Lot faces.  The executive Committee reserves the right and authority to approve non-masonry materials for one hundred percent (100%) of the outside walls of any house if the Executive Committee determines that the quality and style of the structure are architecturally significant.

10.              Side Line and Front Line Setback Restrictions.  No building or other structure shall be closer than eighty (80) feet to a front property line, fifty (50) feet to a side property line.  Actual building location must be approved by the Executive Committee.

11.              Fencing.  In all cases, fences must have specific approval from the Executive Committee prior to construction.  Property owners may fence their properties starting 30’ from CR 277 and may extend to the back boundary property line.  The front fencing (bordering CR 277) must be constructed of wrought iron.  All fencing must be “open”, such as post and rail, split rail or un-barbed wire.  Chain link, chicken, hog, or barbed fences are not permitted.  Fences shall not exceed six (6) feet in height.  Solid wood fences are strictly prohibited.  Electric fences will not be allowed unless used within outer fencing.  Corrals or round pens will be allow but must be constructed of quality fencing materials.

12.              Common Area.  River Meadows will not have any common areas unless jointly agreed upon between individual property owners.

 

 

 

 

 

13.              Roofs.  All homes must have simulated wood shingle roofs, tile roofs, simulated tile roofs, or composition shingles (of a random tab style and having at least 300 weight), unless express approval to use other material is obtained from the Executive Committee.

14.              Shiny Materials.  No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny.

15.              Lighting.  All exterior lighting (with possible exceptions for lighting necessary for safety) shall be directed toward each Owner’s property and shall consist solely of down lighting and shall not be directly visible from outside the Owner’s property.

16.              Hunting and Wildlife Control.  No hunting of any kind shall be conducted within the Property.  However, with the approval of the Executive Board, upon approval with the Division of Wildlife, a lot Owner may destroy or remove wildlife which constitutes a nuisance or which may die on their property.

17.              Domestic Animals.  No animal may be kept upon the Lot which, in the sole discretion and judgment of the Executive Board results in any annoyance or is obnoxious to other Owners within the Subdivision.

18.              Outbuildings Construction.  Outbuildings used for the purpose of housing domestic animals, storage, home ships and other related personal uses shall be constructed in a similar or compatible manner to compliment the main dwelling, and shall require specific approval of the committee.

19.              Gas Tanks.  When butane or propane tanks are installed on a Lot, they must be totally and permanently screened from public view from the street and all adjoining properties.  An owner must plant climbing roses, hedges, or other perennial shrubbery so that tanks are totally and permanently screened throughout the year from public view and adjacent property.

20.              Landscaping.  The front yards of all Lots shall be landscaped.  Such initial landscaping must be completed within six (6) months of substantial completion of the main residence.  Perimeter areas may be left natural or planted with appropriate grasses or ground cover but must be maintained according to the standards of this Declaration. 

21.              Underground Utility Lines.  With respect to the new construction or extension of any utilities, all water, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of River Meadows Estates shall be buried underground and not be carried on overhead poles or above the surface of the ground.  Any areas of natural vegetation or terrain in River Meadows Estates disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than three (3) months.

22.              Specific Architectural Details.  The Executive Committee shall have the power to require specific architectural details, including but not limited to: All shutters, window frames, exterior colors.  Colors which appear to be offensively or distressingly bright will not be approved.

23.              Construction Site Maintenance and Upkeep.  The owner shall have the primary and ultimate responsibility for keeping the construction site in a neat and orderly manner.

24.              Uses Specifically Prohibited.  No temporary dwelling, shop, trailer, shack, tent, mobile home of any kind or any other improvement of a temporary character (except children’s playhouse, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a Lot only in places which are not visible from any street on which the Lot fronts) shall be permitted on any Lot.  No boat, marine craft, recreational vehicle, unattached pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked in the driveway or front yard of any Lot, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless completely concealed from public view.  No lot or other area on the Property shall be used as a dumping ground for rubbish or a site for the accumulation of unsightly materials of any kind.

25.              Noxious or Offensive Activity or Sounds.  No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of the River Meadows Estates Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound.

26.              Commercial Activities.  No commercial activities shall be permitted on any Lot in the Subdivision.

 

 

ARTICLE 2

GENERAL PROVISIONS

 

1.                  Covenants to Run.  All of the covenants contained in this instrument shall be a burden on the title to all of the lands in River Meadows Estates, and the benefits thereof shall insure to the Owners of the lands in River Meadows Estates and the benefits, and burdens of said covenants shall run with the title of all of lands in River Meadows Estates.

2.                  Termination of Covenants.   In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Texas and Collin County, Texas, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the 6 lot owners of River Meadows Estates.  If the Covenants are not so terminated, then they shall continue to be in full force and effective for successive twenty-five (25) year periods unless, at the close of a 25-year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the 6 lot owners at a meeting of the members duly held. 

3.                  Cost of the Committee.  In the event that the Executive Committee incurs reasonable and necessary costs and expenses in carrying out its duties hereunder or in enforcing the provisions hereof, such costs and expenses shall be paid by the offending Lot owner.

4.                  Amendment of Covenants.  These covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by all 6 lot owners.

5.                  Severability.  Should any part or parts of these covenants be declared invalid or unenforceable by any court or competent jurisdiction, such decision shall not affect the validity of the remaining covenants.

6.                  Executive Board.  The Executive Board shall consist of Robert Quinette and Mark Robinson.  When seventy-five percent (75%) of lots are sold, the lot owners will replace Robert Quinette and Mark Robinson on the Executive Board of the River Meadows Estate Covenants.

7.                  Limited Liability.  The Executive Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice.  The owners jointly and severally agree to indemnify the Executive Board against loss resulting from such actions or failure to act if the Board acted or failed to act in good faith and without malice.

 

IN WITNESS WHEREOF, this Declaration of Protective Covenants for River Meadows Estates has been executed as of the date and year first written above.

 

                                    DECLARANT:

 

                                    River Meadows Estates, Robert Quinette

                                    By:       Robert Quinette, an individual

 

                                                By: __________________________

                                                                        Robert Quinette

                                                                        Title:  Executive Board

 

                                                            ADDRESS:

                                                            10221 Prestwick Trail

                                                             Lone Tree, CO  80124