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HomeMy WebLinkAbout011-76 pp estancia pg 3ESTANCIA Maintenance of Lots and Improvements: The Owner of any lot in the Development shall at all times maintain the lot and any improvements situated thereon in such a manner as to prevent the lot or improvements from becoming unsightly; and, specifically, such Owner shall: (a) mow such portion of the lot upon which grass has been planted .at puch times as may be reasonably required. (b) remove all debris or rubbish; (c) prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the Development; (d) keep the exterior of all improvements in such a state of repair or maintenance as to avoid their becoming unsightly. Lot Owners Association's Right to Perform Certain Maintenance: In the event that the Owner of any lot in the Development shall fail to maintain his lot and any improvements situated thereon in accordance with the provisions of these restrictions, the Lot Owners Association shall have the right, but not the obligation, by and through its agents and employees or contractors, to enter upon said lot and repair, mow, clean or perform such other acts as may be reasonably necessary to make such lot and improvements situated thereofn, if any, conform to the requirements of these restrictions. The cost therefor to the Developer shall be collected in any reasonable manner from the Owner. Neither the Developer nor any of its agents, employees, or contractors shall be liable for any damage which may result from any maintenance work performed hereunder. The Lot Owners Association has the first right of refusal before a lot can be conveyed. Diligence in Construction: Every building whose construction or placement on any residential lot in the Development is begun shall be completed within twelve (12) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than three (3) months from the time of such destruction or damage. Until such time as a sanitary sewerage system is installed in this subdivision, sanitary septic tank with adequate absorption bed or dry well shall be installed for each dwelling erected. Such septic tank absorption bed and /or dry well shall be of such a type and constructin and so located on the land as to be approved in writing by the Public Health Authority. In the event a sanitary sewer is constructed by a City or other form of local government, and such sewer is within two hundred (200) feet of any property line of said subdivision, in that event, all owners of property will within one (1) year after sewer is available for connection connect to said sewer. The architectural control committee composed of J. Fred Risk, James E. Huffer, and R. J. Klein have authority to review building plans for con- formity and harmony of external design with existing structures. No other sanitary project or device for sewer disposal shall be permitted or used in this subdivision unless prior approval is obtained from said committee and the same is approved by the proper regulatory authorities. There may be no more than one septic or waste disposal system for each single family dwelling located on a tract of land which is no less than 1 1/2 acres. No portion of a finger system that is connected to a septic or waste disposal system, shall be located less than 30 feet from a lot line. No septic or waste disposal system shall be located in such a way as to pollute Williams Creek. The right to enforce the within restrictions, limitations, and covenants by injunction is hereby dedicated and reserved to owners of lots in this subdivision, their heirs and assigns, who shall be entitled to such relief without being required to show any damage of any kind to any such owner or owners, by or through any such violation or attempted violation. Said provisions ,shall be and continue in full force and effect for a period of twenty (20) years from the date of this plat, and thereafter unless and until by a vote of the then owners of a two - thirds majority of the total lots in this subdivision it is agreed to change the covenants in whole or in part. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Private Roads: A private road as shown on the plat is reserved for the common use and enjoyment of the owners of the lots in the Development and the owners of any lots in areas adjacent to the Development which may be acquired by Developer and subdivided into residential lots, their families and invitees. Such road is not dedicated for the use of the general public but is dedicated to the common use and enjoyment of the owners of lots in the Development, however, the road may be used by all public and quasi - public vehicles, including but not limited to, police, fire and other emer- gency vehicles, trash and garbage collectors, post office vehicles, and privately -owned delivery vehicles. Such road shall be maintained by the Owners of the several lots in this subdivision. It is understood and agreed that the Developer of this subdivision has no control over the availability of school buses and mail services. No representation is made herein for such services. For the purpose of maintaining the private roads within the subdivision, each and every lot owner, in accepting a Deed or Contract for any lot in such premises, shall be a member of and shall be subject to the duly adopted By -laws, Rules, Determinations and Assessments of the Lot Owners Association, hereinafter referred to as the "Association ". The sole purpose of the Association shall be to make the ordinary and reasonable expenditures necessary to properly maintain the private roads platted herein. The Assocation shall be governed by a President and Secretary and shall meet annually on March 15th, or on the next day following in the event such falls on a Sunday, or legal holiday, to elect such officers and to carry on the business of the Association. Meetings of the Association may be called by the President or by written request of any five (5) lot owners. Written notice of such special meeting shall be given to all lot owners atleast ten (10) days in advance of such meeting. Any and all assessments imposed by the Association shall be approved by a majority vote of the lot owners in attendance and for the purpose of voting, the owner or owners of each lot shall have one (1) vote in determining the affairs of said Association. The Association shall have the power to levey a uniform annual charge or assessment against all lots within the development. Every assessment shall be paid by the members of the Association before the 1st day of June of the year for which the assessment is made and the Assocation shall fix the amount of the annual assessment by the 1st day of May in each year and written notice of the assessment so fixed shall be sent to each member. Any assessment levied against said lots, together with interest or other charges or costs as herein provided, shall become and remain a lien upon such lots until paid in full, and shall also be a personal obligation of the owner or owners of such lots at the time they fall due. Such assessments and obligations shall bear interest at the rate of ten (10) percent per annum until paid in full. The initial officers of said Association shall be J. Fred Risk, President, and James E. Huffer, Secretary. All Officers shall serve until the succeeding Officers are duly elected pursuant to the provisions herein. The Association shall enact By -laws and said By -laws along with the books and records of the Association shall be kept by the Secretary and shall be available for inspection by any member of the Association during reasonable business hours upon request. The Association is impowered to own landscape and maintain the road. The road and common areas are to be conveyed by deed to the Lot Owners Association, which then assumes maintenance and is responsible, if the Association members so vote, for the paving of the road. All lot owners will be required to install, or have installed, at least one gas or electric "dusk to dawn" yard light in the front. The drainage easements shown on the within plat are reserved for the drainage of storm water, whether by swale, ditch, or storm sewer. No structure other than storm water drainage structures, retaining walls, or elevated walks and driveways shall be erected in, on, over, under, or across any such easement; except that a drainage easement may also be used as a utility strip, and structures permitted in a utility strip may be erected therein provided that they do not interfere with the flow of water. Owners in this subdivision shall take their title to the land contained in such drainage easement subject to the perpetual easement hehein reserved. In the event storm water drainage from any lot or lots flows across another lot, provision shall be made to permit such drainage to continue without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat. Lot Owners Association shall covenant to let all Federal, State and Municipal Authorities have access to all lots by way of the private access road. 3 OF 4