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R-79-255 - 11/8/1979RESOLUTION NO. , WHEREAS, Provident Development Company, the Round Rock Independent School District and the City of Round Rock are the sole owners of the real - property located in the subdivi- t sion known as Mesa Ridge,' Section Six Amended, Phase One - A, and WHEREAS, certain have been proposed to be attached to the subdivision, and WHEREAS, the Council of the City of Round Rock desires to execute a Declaration of Covenants, Conditions and Restric- tions, Mesa Ridge, Section Six Amended, Phase One -A, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City the Declaration of Covenants, Conditions and Restrictions, Mesa Ridge, Section Six Amended, Phase One -A, a copy of said declaration being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED, this 7 day of O f ///!' /I! 1A JO'NNE LAND, ity ecretary • covenants, conditions and restrictions �ll�l , 1979. LARRY L . : iiT/, Ma or City of Round Rock, Texas THE STATE OF TEXAS § DECLARATIONS OF COVENANTS § CONDITIONS AND RESTRICTIONS COUNTY OF WILLIAMSON § MESA RIDGE, SECTION SIX AMENDED, PHASE ONE -A v, THAT, Provident Development Company, a Texas corporation, the City.of Round Rock, the Round Rock Independent School District and Related Properties, Inc., are the sole owners in fee simple of certain real property located in Williamson County, Texas, and known by official plat designation as Mesa Ridge, Section Six Amended, Phase One-A, as shown by the map or plat of said siiWIivi- sion, recorded in Cabinet "D",- Page 232 -233, Plat Records of Williamson County, Texas; and THAT, for the purposes of enhancing and protecting the value, attractive- ness and desirability of the lots constituting said subdivision and for and in consideration of the mutual benefits to Provident Development Company, the City of Round Rock, the Round Rock Independent School District and Related Properties, Inc., and future owners of property in said subdivision, Provident Development Company, acting by and through its duly authorized officer:the City of Round Rock, acting by and through its duly authorized officer, Round Rock Independent School District; acting by and through its duly authorized officer, and Related Properties, Inc., acting by and through its duly authorized officer, do hereby declare that all of the lots in the subdivision hereinabove described ( "lots ") and each part thereof, shall be held, sold and conveyed only subject to the following .asements, covenants, conditions and restrictions which shall consti- tute covenants running with the land and shall be binding on all parties having any right, title, or interest in any of the real property or part thereof in the subdivision, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof, to -wit: A. A -1 LAND USE AND BUILDING TYPES. Each lot shall be used for residential pur- poses as herein provided and for no other purpose, except for Lot - 14, B7 lock J Chich shall_beLused fora parkas d Lot 15, Block J, which shall be used for a school. NO building shall be erected, altered, placed or permitted on any lot, except for Lots 14 and 15, Block J, other than one detached, single - family dwelling, and no dwelling shall exceed two (2) stories in height. Single - family dwellings shall have an attached private garage or carport for not more than three (3) cars. No business of any kind shall be conducted in 1- any residence or on any lot with the exception of the business of Provident Development Company, its successors, transferees, or assigns, in developing all of the lots within the snhrlivision. A - ARCHITECTURAL CONTROL. No building, wall, fence or any other improve- ment shall be erected or placed on, nor shall any building, wall, fence or any other improvement be altered, modified, added to or removed from any lot, oth r than Lots 14 and 5, Block J until the construction plans and sepcifications thereof and a plan showing the location of all buildings, walls, fences and other improvements, including, but not limited to; driveways and setbacks, have been approved in writing by the Architectural Control Committee, hereinafter . called "Committee ", nor shall the topography of the lot be enlarged in any way which. will impede, restrict or in any way divert the flow of water without the prior written approval of the Committee. The Committee shall be composed of three members. The original mem- bers of the Committee shall be James H. Mills, Ken Pringle, and David Deem . The majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have the authority to • designate a successor by filing with the Committee and Provident Development Company, its successors or assigns, a written designation of the successor. In the event of the death or resignation of any member of the Committee, the remaining member or members shall have full authority to act until the member or members have been replaced. A decision of a majority of the Committee shall be binding on all members thereof. In the event of the death or resignation of all members of the Committee, Provident Development Company, its successors or assigns, shall have the authority to designate successor members to such Committee, and if Provident Development Company fails to appoint new members within thirty (30) days after having received a written request therefor, the then owners of a • majority of the lots in said subdivision shall have the right to designate an Architectural Control Committee. -2-- The Committee, in considering each set of plans and specifications and the plan showing the location of all improvements shall consider, among other things, the quality of design and materials, harmony of the design with exist- ing structures, and the location with respect to topography and finished grade elevation. The Committee's approval or disapproval as required herein shall be in w riting. In the event the Committee fails to approve or disapprove the plans and specifications and the plot plan for the improvements to be erected or placed on a lot, or the plans and specifications for the alteration, modifica- tion, addition to or removal of any i located on a lot, within thirty (30) days after the same have been received by the Committee, then in that event same shall be deemed approved and this covenant t_xxi ie with. When, in the opinion of the Committee, a waiver or modification of any of the restric tive cov herein would not impair or detract from the high quality of this snK7ivision, it may, by written instrument in recordable form, waive or modify any such restriction. All plans and specifications shall be de- livered to the Committee in care of Provident Development Company not less than thirty (30) days prior to the date construction is to be commenced at its offices at 7800 Shoal Creek Boulevard, Suite 390 -W, Austin, Travis County, Texas, 78757, or such other address as it may designate, certified mail, re- turn receipt requested, or delivered and a written receipt received therefor, and the date received at such address shall be considered the date of delivery to the Committee. A - DWE[S.m'G COSTS, QUAlSTY. AND SIZE. It being the intention and purpose of these covenants to assure that all residential dwellings erected in said subdivision shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost of $22,000.00 for the minimum permitted resi dential dwelling size,'no residential dwelling, exclusive of open porches, garages, carports, and patios, shall be permitted on any lot at a cost of less than the said figure of $22,000.00 based on cost levels prevailing on the'date these covenants are recorded, except as herein provided. The ground floor area of the main structure of all single - family dwellings, exclusive of one story open porches and garages, shall not be less than 1,100 square feet for a residential dwelling of not more than one story, and not less than 700 square feet for a residential dwelling of more than one story, with the combined area of the first and second floors not less than 1,400 square feet. A -4 SETBACK AND YARD REQUIREMENTS. Setback, front, rear and side yard re- quirements shall be those imposed by the City of Round Rock, Williamson County, Texas. For the purposes of these covenants, eaves, steps and open porches shall not be considered as part of the building, provided, however, that this Shall not be construed to permit any portion of a building on a lot to en- croach upon another lot. A - FENCES, - WALLS, HEDGES, AND SIDEWALKS. All fences must be constructed of wood and/or masonry. No exterior fences, walls and hedges may be erected, placed or altered on any lot until plans-and specifications showing the con- struction and location of such walls, fences, or hedges are submitted to the Committee and approved as to design, materials, and height. No hedge, fence, or wall may be erected, placed, or altered on any lot nearer to any street than the building setback line on that lot until approved by the Committee. The Committee shall, it is sole discretion, have the authority to determine rear lot lines (which may be one or more for a single lot) if clear differentia- tions cannot be made. There shall be sidewalks adjacent to all property lines where they abut streets•and such sidewalks shall be in place prior to the first occupancy of the residential dwelling located on the lot on which the sidewalk is to be located. A - TAT AREA AND WIDTH. No residential dwelling shall be erected or placed on any lot having a width of less than 40 feet at the minimum front building setback line nor shall any residential dwelling be erected or placed on any lot having an area of less than 7,000 square feet. ResnMivisions shall be per- mitted, provided that the total number of lots within the subdivision will not be increased. A -7 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. 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 instal lation or maintenance of utilities, or which may change the direction of flow of -4- 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 ti the owner of the lot, except for those improvements for which a public authority or utility company is responsible. A - NUISANCES. No noxious or offensive activities of any kind shall be per- mitted 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. A -9 TEMPORARY STRUCTURES OR EMPLACEMENTS. No structure or emplacement of a temporary character, mobile home, trailer, derelict, junk or racing rotor vehicle, or any motor vehicle without a current license tag, or any tent, shack, barn or other outbuilding which exceeds eight feet in height or is in excess of eight feet in width and ten 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 Committee. Each and every lot of the subdivision is intended solely for the erection of a single - family unit dwelling and attached garages or carports, and therefore no mobile hone or preconstructed building of any kind may be moved upon any lot for any purpose, save and except that Provident Development Company, its assigns, suc- cessors 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 Provident Development Company, its transferees or assigns, or contractors or sub - contractors when engaged in construction or repair work, or such work as may reasonably be necessary for the completion of the subdivision as'a resi- dential community, and the disposition of lots by sale, lease, or otherwise. A -10 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 one square foot in size, one sign of not more than five square feet advertising the property for sale or rent, or signs of modest dimensions used by a builder to advertise the property during the construction and sale period may be per- mitted. The "For Sale" sign on any new construction shall be as approved by Provident Development Company, its successors, assigns or duly authorized agents. All.merchandising, advertising and sales piogramning in the sub- division shall be subject to approval by the Provident Development Company, its successors, assigns or duly authorized agents and shall be in conformi- ty with the general marketing plan for the subdivision. A -11 OIL, GAS, MINERAL, MINING AND EXCAVATION OPERATIONS. No oil, gas, mineral, mining or excavation operations of any kind or character, no drill- ing or prospecting for oil, gas or other minerals, no oil, gas or other mineral develognent operations, refining, quarrying, or mining operations shall at a ny time be perm fitted upon any lot or other area within the subdivision. A - 12 LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind 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. A -13 GARBAGE AND REUSE DISPOSAL. No lot shall be used or maintained dumping ground for rubbish, trash, garbage or other waste and the same not be kept, except in sanitary containers. All incinerators or other equip- ment for the storage or disposal of such material shall be kept in a clean and sanitary condition. A -14 MASONRY REQUIREMENTS. -6- as a shall Residences located on interior lots shall have a minimum of twenty -five per cent (25 %) of their exterior walls of the ground floor of stone or masonry construction. Residences located on corner lots shall have a minimum of sixty per cent (60 %) of the ground floor exterior walls fac- ing streets of stone or masonry construction. In computing these percentages, (1) all gables shall be excluded fLCxu 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. B. B -1 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 forty (40) years fx.nt 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 a majority of the then owners of lots within the subdivision has been recorded, agreeing to change such'covenants in whole or in part. B -2 WORM/ENT. 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. B - SEVERABILITY. Severability and invalidation of any of these covenants by judgment or Court Order shall in noway affect any of the other provisions, which shall remain in full force and effect. B -4 RELEASE OF RESTRICTIONS. Notwithstanding any provision of this instru- ment to the contrary, the Committee shall, with the written consent of the owners of not less than ninety per cent (90 %) of the lots in the smd have the right to amend and/or terminate the restrictions set out in this in- strument. Upon the recordation of such an instrument in the Deed Records of Williamson County, Texas, reflecting the acceptance of the Comnittee'and the owners of not less than ninety per cent (90 %) of the lots in.the subdivision, the restrictions' set out in this agreement shall authomatically be amended or terhinated as provided therein. EXECUTED this the day of , 1979. PROVIDENT DEVELOPMENT COMPANY BY Its CITY OF ROUND ROCK By Its ROUND ROCK INDEPENDENT SCHOOL DISTRICT By -7- Its RELATED PROPERTIES, INC. BY Its THE STATE OF TEXAS COUNTY OF WIILIAMSON My commission expires: THE STALE OF TEXAS COUNTY OF WILLIAMSON 1979. THE STATE OF TEXAS COUNTY OF WrLLIAMSON My commission expires: s BEFORE ME,.the undersigned authority, on this day personally appeared of Provident Development Company, a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same for the purposes and consi- deration therein expressed and in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1979. • . ' Notary Public in and for 5 BEFORE NE, the undersigned authority, on this day personally appeared of the City of Round Pock, known tome to be the person and officer whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said City of Round Rock, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of My commission expires: Notary Public in and for . s County, Texas' BEFORE ME, the undersigned authority, on this day personally appeared of Round Rock County, Texas Independent School District, known borne to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same for the purposes and consideration therein expressed, as the act and deed of said Round Rock Independent School District, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1979. Notary Public in and for -8- County, Texas THE STATE OF TEXAS COUNTY OF WSLLIAMSON 5 BEFORE NE, the undersigned authority, on this day personally appeared of Related Properties, Inc., a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknow- ledged tore that he executed the same for the purposes and consideration there- in expressed and in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1979. Notary Public in and for County, Texas