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AMENDED
SUBDIVISION RESTRICTIONS LAKE
THUNDERBIRD SUBDIVISION 1.
There shall be established an Architectural Control Committee composed of three (3) members
appointed by the undersigned (and/or by designees of the undersigned, from
time to time) to protect the owners of lots in this Subdivision against such
improper use of lots as will depreciate the value of their property; to
preserve, so far as practicable, the natural beauty of said property; to
guard against the erection
thereon of poorly designed or proportioned structures and structures built
of improper or unsuitable materials, to obtain harmonious architectural
schemes; to insure the highest and best development of said property; to
encourage and secure the erection of attractive homes and placement of
attractive mobile homes thereon, with appropriate locations, thereof on
lots; to secure and maintain proper setbacks from streets and adequate free
spaces between structures; to regulate and/or participate in regulation of
use of lake areas; and, in general to provide adequately for a high type of
quality of improvements in said property, and thereby to enhance the value
of investments made by purchasers of lots therein. The
undersigned, the Architectural Control Committee, and
the officers and members thereof shall not be deemed to have assumed any
liability with regard to any undertaking by consequence of its enactment and
enforcement of, or failure to enact or enforce minimum standards for,
any improvements, and no act or omission shall be construed to impose any
liability upon the undersigned, said Architectural Control Committee, or the
officers and members thereof for damages which any grantee may sustain. 2. Subject to the provisions of numbered paragraph 10 hereof and except on those lots designated as commercial on the aforesaid plat, all lots are restricted to use for single family residential purposes only and no building shall be erected or maintained on any residential lot In said Subdivision other than a private residence, a private boathouse, a private storage building, and a private garage for the sole use of the owner or occupant. Lots designated as commercial shall be used only for residential purposes as set forth above and/or for retail sales establishments so conducted that they do not unduly conflict ,with the residential character of the subdivision, and all provisions of these restrictions apply to lots designated as commercial lots unless commercial lots are specifically excluded from such provision. 3. Subject to the provisions of numbered paragraphs 9 and 10 hereof, and to the last sentence of this paragraph 3, no existing building or structure of any kind and no part of an existing building or structure shall be moved onto, placed on, or permitted to remain on any lot. All construction must be of new material, except stone, brick, or other materials used for antique decorative effect if Such use is approved in writing by the Architectural Control Committee, All buildings other than boathouses or residences erected on piers elevating the building at least 5 feet above ground level shall be completely underpinned, with no piers or pilings exposed to view. No natural drainage shall be altered, nor shall any drainage ditch, culvert, nor drainage structure of any kind be installed nor altered, nor shall any curb nor other such impediment to the free flow of water be installed nor altered, without prior written consent of the Architectural Control Committee, An existing building may be placed on a lot only if it and its plans have been approved by the Architectural Control Committee, and if it has been recently constructed of new materials and has never been placed in use, and if it otherwise meets all of the requirements of these restrictions. Page
2 4.
No building exceeding two stories in height shall be erected on any lot, and
each residential building, subject to paragraph 9 hereof, shall have a
minimum floor area of 550 square feet, exclusive of porches, stoops, open or
closed carports, patios or garages. 5.
No building, mobile home, fence, or other structure or improvements shall be
erected, placed or altered on any lot until two copies of the construction
plans and specifications, including specifications of all exterior materials
and a plan showing tile proposed location of the structure, have been
submitted to and approved in writing by the Architectural Control Committee
as to harmony of external design with existing structures and as to location
with respect to topography and finish grade elevation.
If construction is not commenced within eight (8) months of such
approval, the approval shall be null and
void unless an extension is granted in writing. 6.
No fence shall be permitted to extend nearer to the street or the rear and
front lot lines than the minimum setback line hereinafter provided in
paragraph 7 in respect to buildings. 7.
No building or mobile home shall be located nearer than 10 feet to any rear
lot line or side lot line, nor nearer to the front lot line than 20 feet. 8.
No animals or birds, other than household pets, shall be kept on any lot, 9. Except as provided below in regard to camping, no outbuilding, boathouse, basement or garage erected on any lot shall at any time be used as a dwelling, temporarily or permanently, nor shall any shack be placed on any lot. Mobile homes (inducting travel type trailers used as mobile homes) may be placed and used upon any lot only if same have been inspected by, and prior written approval of same has been granted by, tile Architectural Control Committee, and said Committee may, as condition to its said approval, make any requirement which in its judgment is deemed proper, including the following requirements: (a) that the mobile home be no more than 5 years old at date of application, be in good repair and of attractive design and appearance, and underpinned within 90 days with material approved by the Architectural Control Committee, (b) that any mobile home not built by a commercial mobile home manufacturer be of design, appearance and quality comparable to those built by commercial manufacturers; otherwise no mobile home shall be placed on any lot, and (c) water service must be connected and an approved septic tank must be connected and an approved septic tank must be installed prior to occupancy. Camping on lots shall be limited to use of campers, camping trailers, tents or other camping shelters which shall be of good appearance and in good repair, and no such camping shelter shall be placed on any lot for more than 14 days of any 30 day period. Lots shall be kept free of litter, rubbish, trash or other debris, and no unsanitary condition shall be allowed to exist on any lot. Page 3 10. Easements
are reserved along and within 10 feet of the rear lines, front lines, and
side lines of all lots in this subdivision for the construction, operation
and perpetual maintenance of conduits, poles, wires and fixtures for
electric lights, gas lines, telephone, water lines, sanitary and storm
sewers road drains and other public and quasi-public utilities and to cut
and/or, trim any trees which at any time may interfere or threaten to
interfere with the maintenance of such lines, with right of ingress to and
egress from across said premises to employees of said utilities. To
the extent neither said construction, operation nor maintenance of any of
the items mentioned in the next preceding sentence has commenced along any respective lot,
"side lines of all lots" as used in this paragraph in respect to
any two or more contiguous whole and/or fractional lots owned by (and/or
under a contract to be conveyed by the undersigned to) the same person or
persons and used as a single building site, shall thereafter mean each
and/or either of the two outermost side lot lines considering said
contiguous whole and/or fractional lots as one lot, if the combined width of
said contiguous whole and/or fractional lots is at least 50 feet at the
widest portion thereof. The
undersigned and/or their designees may, on any lot and/or lots then owned by
them, construct, maintain, use and allow to be used by others, parks,
swimming pools, playgrounds, community center buildings, sales offices,
mobile home demonstration and sales lots, water wells and related pumping,
storage, operation and maintenance facilities, and the like, and
numbered paragraphs 2, 3, 4, 6 and 7 hereof shall not apply thereto. 11.
No outside toilet or privy shall be erected or maintained in the
Subdivision. The materials
Installed In, and the means and methods of assembly of, all sanitary
plumbing shall conform with the requirements of the Health Department of
Bastrop County and the State of Texas.
No septic tank or lateral line will be placed within 10 feet of any
water line installed in any
utility easement. 12.
Subject to the provisions of the last two sentences of this paragraph, as to
each lot in this Subdivision, an assessment is hereby made of (I) $1.25 per
month per lot the owner of which owns only one lot in said Subdivision, and
(II) a pro-rata amount per month pet- lot in said Subdivision in respect to
lots of which two or more are owned by the same pet-son but not to exceed
$1.25 per month as to the total of all lots owned by one owner in ,said
Subdivision, for the maintenance and construction of playgrounds, parks,
roads and other improvements in Lake Thunderbird Subdivision;"
owner" as used in this sentence shall include also a purchaser from the
undersigned of a lot. The
assessment shall accrue from the earlier of the date of the agreement for
deed from the undersigned as sellers to a purchaser or of the conveyance by
the undersigned as grantors, Such assessment shall be and is hereby secured
by a lien on each lot in this Subdivision, respectively, and shall be
payable to Lake Thunderbird Owners Association (a Texas non-profit
corporation), its Successors and assigns, the owner of said assessment
funds, on June 30th of each year commencing in
1971, at which date in the year 1971 and in successive years said
,assessment lien shall conclusively be deemed to have attached, and there
shall be no lien securing said assessment until June 30th of each year.
Said assessment lien shall be junior and Subordinate to any lien
which may be placed on any lot or any portion of any lot as security for any
interim construction loan and/or- any permanent loan for financing
improvements on said lot, and/or any purchase money loan for any lot on
which a dwelling or building complying with these restrictions has
theretofore been constructed. Said
assessment shall not accrue in respect
to any lot during such nine as the owner (or any person as purchaser from
the undersigned under a contract to purchase then in force) of such lot,
after having made written application for membership in
said Lake Thunderbird Owners Association, is refused membership (or
having been admitted is involuntarily expelled from membership) in said
Association, It being understood that said playground, Page
4 parks
and recreational areas are for
the sole use and benefit of the
members of said Association and their families.
Commencing on the last Friday in April, 1973, the undersigned shall not
be eligible for membership in said Lake Thunderbird Owners Association; no
assessment shall be made against the undersigned at any time; assessments
against lots owned by the undersigned
shall accrue, and liens Securing same may attach, only
during such time as a contract to purchase said lots from the undersigned is
then in force.
13.
Any building, structure or improvement, commenced upon any lot shall be
completed as to exterior finish and appearance, within six (6) months from
the commencement date, No lot or portion of any lot shall be used as a
dumping ground for rubbish or trash, not- for storage of items or materials
(except during construction of a building or in approved storage buildings),
and all lots shall be kept clean and free of any boxes, rubbish, trash, or
other debris. The undersigned
shall have the right to enter the
property where a violation exists under this paragraph and remove the
incomplete structure or other items at the expense of the offending party.
14. No lot shall be further subdivided except that fractions of lots
may be separated to add to space of whole lots if the combination of whole
and fractional lots is used as a single building site and if all other
provisions of these subdivision restrictions are complied wine.
No lot or any part of a lot shall be used for a street, access road
or public thoroughfare without the prior written consent of the undersigned,
their successors and assigns.
15. If the owner of any lot in said Subdivision, or any other person,
shall violate any of the covenants herein, it shall be lawful for any other
person or persons owning any real
property situated in said Subdivision to prosecute any proceedings at low or
in equity against the person or persons violating or attempting to violate
any such covenant and either to prevent him or them from so doing or to
recover damages or other dues for such violation, or both.
16. Invalidation of any one or more of these covenants, and
restrictions by judgment of any Court shall in nowise affect any of the
other covenants, restrictions, and provisions herein contained, which shall
remain in full force and effect.
17. Amendments to Subdivision Restrictions
1974
Maintenance Fee changed to $22.50 per year.
1980
Maintenance Fee changed to $30.00 per year.
1985
Maintenance Fee changed to multiple fees for
over 3
1989
Maintenance Fee changed to $40.00 per year.
1996 Maintenance Fee changed to $45.00 per year. 2000 Maintenance Fee Changed to $55.00 per year.
2005
Maintenance Fee Changed
to
$60.00 per year. 2008 Maintenance Fee Changed to $85.00 per year: Landowners would pay $85.00 per year for all lots they own as long as they do not have property that has a home on it they rent out or property rented out for mobile home parking. Landlords that have rent property would pay $85.00 per place they rent out and would receive a renter membership card for each property. Landlords can charge their renter for the card if he chooses. Landlord is responsible for maintenance fees on each of his properties; LTOA will not collect maintenance fees from renters. The increase will take effect June 1, 2009. Recorded
Bastrop Co. Court Hse. Vol.
197, pg. 621
Vol.
378, pg. 112 Amended
2000
Vol.
1084 pg. 525 Filed and Recorded Bastrop Co. 3-20-2009 Book: 1900 Page: 331-336
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