
MODIFICATION
OF
RESTRICTIONS FOR
GLEN OAKS ESTATES
KERR COUNTY, TEXAS
01629
VOL 364 PAGE 321NOW, THEREFOR, KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED PROPERTY SUBDIVISIONS 1, 2, 3, 4 & 5 DESIRE TO MODIFY AND REPUBLISH COVENANTS, CONDITIONS AND SUBDIVISION NO. 1, 2, 3, 4 &5.
THE AFOREMENTIONED RESTRICTIONS ARE FILED OF RECORD IN VOL 130, PAGE 622 FOR GLEN OAKS SUBDIVISION 1; VOL. 206, PAGE 311 FOR GLEN OAKS SUBDIVISION 2 AND IN VOL. 194, PAGE 279 FOR GLEN OAKS SUBDIVISIONS NO. 3, 4 AND 5 OF THE KERR COUNTY DEED OF RECORDS.
ALL RESTRICTIONS AND MODIFICATIONS SHALL APPLY TO ALL OF THE TRACTS OF LAND IN THE GLEN OAKS ESTATES ( FORMALLY KNOW AS GLEN OAKS SUBDIVISIONS 1, 2, 3, 4, & 5); A PLAT OF SAID SUBDIVISIONS HAVE BEEN HERETOFORE FILED OF RECORD IN THE PLAT RECORDS OF KERR COUNTY, TEXAS AS FOLLOWS:
SUBDIVISION ONE..................VOL. 130 PAGE 623
SUBDIVISION TWO..................VOL. 4 PAGE 87
SUBDIVISION THREE...............VOL. 3 PAGE 39
SUBDIVISION FOUR.................VOL. 3 PAGE 65
SUBDIVISION FIVE...................VOL. 3 PAGE 66
ALL RESTRICTIONS AND MODIFICATIONS, AS HEREIN ADOPTED, SHALL BE IN EFFECT FROM DATE OF FILING IRRESPECTIVE OF ANY ALLEDGED PREVIOUS RESTRICITIONS VIOLATIONS.
COVENTS ARE TO RUN WITH THE LAND AND SHALL BE BINDING ON GRANTEES AND ALL PERSONS ACQUIRING TITLE UNDER THEM UNTIL JANUARY 1, 2001, AT WHICH TIME SAID COVENANTS AND RESTRICTIONS SHALL AUTOMATICALLY BE EXTENDED FOR SUCCISSIVE PERIODS OF TEN (110) YEARS UNLESS AND UNTIL BY DULY RECORDED INSTRUMENTS, SIGNED BY A MAJORITY OF CONDITIONS AND RESTRICTIONS, IN WHOLE OR IN PART.
IF GRANTEES OR ANY OF THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS SHALL VIOLATE OR ATTEMPT TO VIOLATE ANY OF THE COVENANTS HEREIN, IT SHALL BE LAWFUL FOR ANY OTHER PERSON OR PERSONS OWNING ANY OF THE REAL PERPERTY SITUATED IN THE ABOVE REFERRED GLEN OAKS ESTATES, TO PROSECUTE ANY PROCEEDINGS AT LAW OR IN EQUITY AGAINST ANY PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANYY SUCH COVENANTS AND EITHER TO PREVENT HIM OR THEM FROM SO DOING OR TO RECOVER DAMAGES OR OTHER DUES FOR SUCH VIOLATIONS, ALL OF WHICH REMEDIES ARE TO BE CUMULATIVE.
1. LAND USE: THE ABOVE DESCRIBED PROPERTY HEREIN CONVEYED SHALL BE USED FOR RESIDENTIAL PURPOSES ONLY; SAID PROPERTY SHALL NOT BE USED FOR BUSINESS PURPOSES OF ANYCHARACTER, NOR HAVE ANY COMMERCIAL OR MANUFACTURING PURPOSE. THE TEM RESIDENTIAL PURPOSES SHALL MEAN SINGLE FAMILY DWELLINGS CONSTRUCTED ON THE PROPERTY SITE. NO MORE THAN ONE DWELLING SHALL BE CONSTRUCTED ON ANY PLATTED LOT, TRACT, PART OR PARCEL OF LAND LOCATED IN ANY OF THE GLEN OAKS ESTATES.
2. GLEN OAKS ESTATES BUILDING BOARD: A THREE MEMBER BUILDING BOARD SHALL BE ELECTED BY THE COMMUNITY ACTION GROUP AND SERVE AS THEIR REPRESENTATIVES TO PROVIDE AUTHORITY AND ENFORCEMENT OF CERTAIN RESTRICTIONS AND COVENANTS CONCERNING BUILDING CONSTRUCTION AND LAND USAGE WITHIN THE GLEN OAKS ESTATES SUBDIVISIONS.
THE BUILDING BOARD MEMBERS SHALL CONSIST OF PROPERTY OWNERS IN RESIDENCE IN ONE OR MORE OF THE AFOREMENTIONED SUBDIVISIONS OF THE GLEN OAKS ESTATES. THE COMMUNITY ACTION GROUP WILL APPOINT OR REPLACE BUILDING BOARD MEMEBERS AS NECCESARY OR WHEN APPROPRIATE TO DO SO . PERSONS WISHING TO CONTACT THE GLEN OAKS ESTATES BUILDING BOARD MAY DO SO BY WRITING TO ...COMMUNITY ACTION GROUP P.O. BOX 124 KERRVILLE, TEXAS.
3. APPROVAL OF CONSTRUCTION PLANS, SEPTIC SYSTEMS AND OUT-BUILDINGS: PRIOR TO THE START OF CONSTRUCTION OF ANY DWELLING, OR SUBSEQUENT ADDITIONS OF MODIFICATIONS TO AN EXISTING DWELLING, ON ANY PLATTED LOT, TRACT, PART OR PARCEL OF LAND LOCATED IN THE GLEN OAKS ESTATES, THE BUILDING PLANS OF SUCH DWELLING OR ANY OF SUCH DWELLING, MUST FIRST BE SUBMITTED TO THE GLEN OAKS ESTATES BUILDING BOARD FOR APPROVAL.
DWELLING CONSTRUCTION PLANS MUST ALSO BE ACCOMPANIED BY A CERTIFIED APPROVAL FROM THE UGRA, OR ACTING AUTHORITY FOR WASTE WATER DISPOSAL, FOR THE COMPLETE
VOL. 364 PAGE 322
SEPTIC SYSTEM TO BE USED FOR SAID DWELLING.
PLANS FOR THE CONSTRUCTION OF ANY OUT-BUILDINGS LARGER THAN 100 SQUARE FEET IN FLOOR SPACE MUST BE APPROVED BY THE BUILDING BOARD BEFORE ANY CONSTRUCTION IS STARTED.
A WRITTEN NOTICE, REFLECTING THE APPROVAL OR DISAPPROVAL OF THE SUBMITTED BUILDING PLANS AND SEPTIC SYSTEM WILL BE EITHER MAILED OR DELIVERED TO THE PROPERTY OWNER BY THE BUILDING BOARD WITHIN 10 DAYS AFTER RECEIPT OF THE DWELLING AND/OR OUT-BUILDING PLAN AND PLAT.
4. DWELLING SIZE, BUILDING SET-BACK AND EXTERIOR MATERIAL: NO DWELLING SHALL BE CONTRUCTED ON ANY PLATTED LOT, TRACT OR PART, OR PARCEL OF LAND LOCATED IN THE GLEN OAKS ESTATES SUBDIVISIONS WHICH CONTAINS LESS THAN 1500 SQUARE FEET OF LIVING AREA. THE LIVING AREA SHALL BE EXCLUSIVE OF OPEN PORCHES, TERRACES, PATIOS, DRIVEWAYS, CARPORTS, AND GARAGES.
THE MINIMUM DEPTH OF SET-BACK FOR DWELLINGS IN THE GLEN OAKS ESTATES SUBDIVISIONS 2, 3, 4 & 5 IS 50 FEET AS MEASURED FROM THE SURVEYED LINE FRONTING EACH PLATTED LOT, TRACT, PART OR PARCEL OF LAND. THE MINIMUM
DEPTH OF SET-BACK FOR DWELLINGS IN GLEN OAKS ESTATES SUBDIVISION 1, IS 100 FEET AS MEASURED FROM THE CENTER LINE OF THE EXISTING ROAD FRONTING THE OWNERS PROPERTY.
ALL DWELLINGS (INCLUDING ALL ADDITIONS AND MODIFICATIONS SUBSEQUENTLY MADE TO ANY DWELLING) CONSTRUCTED ON ANY PLATTED LOT, OR TRACT, OR PART, OR PARCEL OF LAND LOCATED IN THE GLEN OAKS ESTATES MUST HAVE NOT LESS THAN 50% OF THE EXTERIOR WALLS COVERED BY BRICK, MASONRY (MASONRY IS NOT TO BE CONSTRUED AS INCLUDING PAINTED OR UNPAINTED CONCRETE BLOCKS OR COMMON CLAY TILES), AUSTIN STONE, OR SIMILAR MATERIAL. NO ASBESTOS SHINGLE SIDING SHALL BE PERMITTED AS EXTERIOR SIDING ON ANY DWELLING.
ALL CONSTRUCTION UPON RESIDENTIAL LOTS SHALL BE COMPLETED WITHIN A REASONABLE PERIOD OF TIME, NOT TO EXCEED ONE YEAR. DWELLINGS SHALL BE CONSTRUCTED ON THE LOT SO AS TO FRONT UPON THE STREET WHICH SUCH LOTS FACE AND NO IMPROVEMENTS, INCLUDING ANY BUILDING OR PART THEREOF SHALL EXTEND BEYOND THE MINIMUM SET-BACK LINE AT THE FRONT OR SIDE OF THE LOT.
DEFINITIONS DEFINED
DWELLING: MEANS A HOUSE FOR RESIDENTIAL
PURPOSES CONTAINING ONE LIVING UNIT, A UNIT
IS FOR A SINGLE FANILY RESIDENCE.
5. RESUBDIVIDING: NO SUBDIVIDING OR RESUBDIVIDING OF ANY PLATTED LOT, OR TRACT, OR PART, OR PARCEL OF LAND LOCATED IN GLEN OAKS ESTATES SUBDIVISIONS WILL BE PERMITTED. THE ONLY EXCEPTIONS TO THE ABOVE APPLIES TO PROPERTY OWNERS WHO HAVE DEEDS SPECIFICALLY STATING THAT THEY MAY SUBDIVIDE OR RESUBDIVIDE, IN A PRESCRIBED MANNER, THEIR PLATTED LOT, TRACT, PART OR PARCEL OF LAND.
THE CONSTRUCTION PLANS FOR ANY DWELLING OR UNIT OR OTHER BUILDINGS FOR ANY RESUBDIVIDED LOTS OR TRACTS MUST MEET THE RESTRICTIONS OUTLINED IN SECTIONS 3 AND 4 OF THESE GLEN OAKS ESTATES RESTRICTIONS.
6. OTHER LAND USE: NO MOTOR HOME, TRAVEL TRAILER, MOBILE HOME, MODULAR HOME, HOUSE TRAILER, CAMPING TRAILER, CAMPER, CAMPER BODY, BOAT, TRUCK OR BUS BODY, BASEMENT (UNLESS PART OF A COMPLETE HOME), TENT, SHACK, GARAGE, BARN OR OTHER BUILDING SHALL AT ANY TIME BE USED AS LIVING QUARTERS OR AS A RESIDENCE, EITHER TEMPORARILY OR PERMANENTLY.
MOBILE HOME AND MODULAR HOME DEFINED:
".......ANY STRUCTURE TRANSPORTABLE IN ONE OR MORE
SECTIONS ON EITHER A PERMANENT OR TEMPORARY CHASSIS
OR OTHER CONVEYANCE DEVICE, WHICH IS EIGHT BODY FEET
OR MORE IN WIDTH AND IS 32 BODY FEET OR MORE IN LENGTH AND
WHICH IS MANUFACTURED AT A LOCATION OTHER THAN THE
HOMESITE AND WHICH IS DISIGNED TO BE CONNECTED TO THE REQUIRED UTILITIES AND INCLUDES THE PLUMBING,
HEATING, AIR CONDITIONING AND ELECTRICAL SYSTEMS
CONTAINED AS WELL AS ANY FURNITURE, APPLIANCES, DRAPES
CARPET, WALL COVERING, OR ANY OTHER ITEMS WHICH ARE
ATTACHED TO OR ARE CONTAINED IN THE HOME AND WHICH
ARE INCLUDED IN THE CASH PRICE AND SOLD IN CONJUNCTION
WITH THE HOME, SUCH TERMS SHALL INCLUDE ALL MOVILE HOMES
AND MODULAR HOMES WHICH SATISFY THE ABOVE DEFINITION,"
7. OTHER STRUCTURES: NO STRUCTURE SHALL BE MOVED INTO ANY PLATTED LOT,
VOL. 364 PAGE 323
TRACT, OR PART, OR PARCEL OF LAND LOCATED IN THE GLEN OAKS ESTATES SUBDIVISIONS UNLESS IT SHALL CONFORM TO THE BUILDING RESTRICTION SPECIFICALLY MENTIONED IN SECTION 3 AND 4 CONTAINED IN THESE MODIFIED RESTRICTIONS.
8. TEMPORARY BUILDINGS: NO TEMPORARY BUILDINGS SHALL BE ERECTED OR MAINTAINED ON ANY LOT EXCEPT DURING ACTUAL CONSTRUCTION OF A DWELLING BEING ERECTED THERON, AND THEN SUCH TEMPORARY BUILDINGS MUST BE ON THE LOT ON WHICH CONSTRUCTIONS IN PROGRESS AND NOT ON ADJOINING LOTS, STREET OR EASEMENT. NO SUCH TEMPORARY BUILDING SHALL BE USED FOR RESIDENTIAL PURPOSES DURING CONSTRUCTION. AT COMPLETION OF CONSTRUCTION THE TEMPORARY BUILDING MUST BE REMOVED WITHIN 10 DAYS. AFTER THE COMPLETION OF THE DWELLING, IT WILL BE PERMISSIBLE TO ERECT A SMALL TOOL OR WOOD SHED, NO LARGER THAN 10 X10 X 8 FEET AND WHICH WILL CONFORM WITH THE HARMONY OF THE SURROUNDING AND ADJACENT AREA.
9. ANIMALS: NO POULTRY OR LIVESTOCK, OTHER THAN HORSES, MAY BE KEPT ON ANY PLATTED LOT, TRACT, PART OR PARCEL OF LAND LOCATED IN THE GLEN OAKS ESTATES. DOGS, CATS, OR OTHER DOMESTICATED HOUSEHOLD PETS MAY BE KEPT PROVVIDED THEY ARE NOT KEPT, BRED OR MAINTAINED FOR ANY COMMERCIAL PURPOSES. ANIMALS, ESPECIALLY DOGS AND CATS, MUST NOT BE PERMITTED TO ROAM UNATTENDED AT ANYTIME.
10. LEGAL AND NOXOUS USE: NO PREMISES OR ANY PART THEREOF SHALL BE USED FOR ILLEGAL OR IMMORAL PURPOSES, NOTHING SHALL BE DONE ON ANY PREMISE THAT MAY BE OR BECOME OBNOXIOUS OR DANGEROUS TO THE OCCUPANTS OR OWNERS OF ANY OTHER PREMISES BY REASON OF FIRE, SMOKE, ODOR, NOISE, FUMES, VAPORS, GLARE OR UNSIGHTLINESS.
11. DUMPING AND PROPERTY MAINTENANCE: NO PREMISES SHALL BE USED OR MAINTAINED AS A DUMPING GROUND FOR RUBBISH, TRASH, GARBAGE OR OTHER WAIST MATERIALS. LOTS AND PREMISES MUST BE MAINTAINED TO CONFORM TO SURROUNDING AND ADJACENT PROPERTIES.
PREMISE DEFINED
"....ANY PLATTED LOT, TRACT, PART
OR PARCEL OF LAND, WITH OR WITHOUT A
RESIDENTIAL BUILDING OR DWELLING."
12. STORAGE OF MATERIALS AND OTHER ITEMS: STORAGE OF ANY TYPE OR KIND OF MATERIAL IS PROHIBITED UPON ALL PREMISES EXCEPT: BUILDING MATERIALS MAY BE PLACED OR STORED UPON A LOT WHEN THE BUILDER IS READY TO COMMENCE IMPROVEMENTS AND THEN SUCH MATERIALS SHALL BE PLACED WITHIN THE PROPERTY LINES OF THE LOT OR PARCEL OF LAND UPON WHICH IMPROVEMENTS ARE TO BE ERECTED, AND SHALL NOT BE PLACED IN THE STREET. NO STUMPS, TREES, UNDERBRUSH OR ANY REFUSE OF ANY KNID, OR SCRAP METAL FROM THE IMPROVEMENTS BEING ERECTED ON ANY LOT SHALL BE PLACED ON ANY ADJOINING LOTS, STREET OR EASEMENTS. ALL SUCH MATERIALS, IF NOT DISPOSED OF IMMEDIATELY, MUST REMAIN ON THE PROPERTY UPON WHICH CONSTRUCTION WORK IS IN PROGRESS, AND AT THE COMPLETION OF SUCH IMPROVEMENTS, SUCH MATERIALS MUST BE IMMEDIATELY REMOVED FROM THE PROPERTY.
13. GARBAGE CANS. NO GARBAGE CAN OR REFUSE CONTAINERS SHALL BE PLACED OR PERMITTED TO REMAIN AT THE FRONT OF A DWELLING EITHER WITHIN THE STREET OR UPON THE LOT EXCEPT UPON THOSE DAYS SCHEDULED FOR GARBAGE AND REFUSE COLLECTION BY A PUBLIC AGENCY OR A PRIVATELY CONTRACTED COLLECTOR.
14. EASEMENTS. THE USE OF EASEMENTS AS SHOWN ON THE RECORDED PLAT ARE GRANTED TO KERR COUNTY, TO THE PUBLIC AND TO UTILITY COMPANIES AS SET FORTH ON SAID PLAT FOR THE PURPOSES OF ROADS, DRAINAGE, WATER, ELECTRICAL AND TELEPHONE LINES AND CONDUITS. IN THE EVENT THAT NO EASEMENTS ARE SHOWN ON SAID RECORDED PLAT, THEN 10 FEET IN THE FRONT OF THE SURVEYED LOT LINE ACROSS THE FRONT OF EACH AND EVERY LOT IS RESERVED AND HEREBY DEDICATED FOR UTILITY PURPOSES. NO STRUCTURE SHALL BE PLACED OR PERMITTED TO REMAIN WHICH MAY DAMAGE OR INTERFERE WITH THE INSTALLATION AND MAINTENANCE OF UTILITIES OR WHICH MAY CHANGE THE DIRECTION OF FLOW OF WATER THROUGH DRAINAGE CHANNELS IN THE EASEMENT. THE EASEMENT AREA OF EACH LOT SHALL BE MAINTAINED BY THE OWNER OF THE LOT EXCEPT WHERE THE COUNTY OR PUBLIC AUTHORITY OR UTILITY COMPANIES HAVE AGREED TO ASSUME RESPONSIBILITY.
IN THE EVENT ANY ONE OR MORE OF THESE COVENANTS, RESERVATIONS OR RESTRICTIONS SHALL BECOME OR BE HELD INVALID BY REASON OF ABANDONMENT, WAIVER OR JUDICIAL DECISION, SAME SHALL IN NO WAY AFFECT OR IMPAIR THE VALIDITY OF THE OTHER CONVANTS, AGREEMENTS, RESERVATIONS OR RESTRICTIONS HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
[navbar.html]