PROPERTY OWNERS' ASSOCIATION
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| PROPERTY OWNERS' ASSOCIATION |
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A. By the reflection therein of the said Agreement attached hereto as Exhibit A and the entitling of said Declaration as:
“DECLARATION OF RESERVATIONS
HORSESHOE BAY AND HORSESHOE BAY SOUTH
COUNTIES OF LLANO AND BURNET, TEXAS”B. By the addition thereto of provisions for a district in the subdivision for mobile homes, as follows:
5.7: M-1 Mobile Home District
The following uses and regulations shall apply in the M-1 Mobile Home District unless otherwise provided in this Declaration, except that Sections 3.2-A.(4), 3.3-B.(3), and 3.4-C.(4) of this Declaration shall not apply to the M?1 Mobile Home District.
(1) Uses Permitted
(a) A single-family mobile home dwelling on a lot, except that “double trailers” such as “double tens” and “double twelves” or an expanding unit designed to form one complete dwelling may be placed on a lot.
(b) A cabana, ramada, patio slab, carport, and a small utility closet not larger than 7’ x 9’, the plans and designs of which shall be subject to the prior written approval of the Committee.
(c) Maintaining mail address for commercial, professional and business license purposes only, provided no stock in trade, supplies, nuisance producing apparatus or equipment are kept on the premises, and provided that no employees or assistants are engaged for said services on the premises, and except as otherwise provided in the Section, no signs are displayed.
(d) One (1) professionally made sign per dwelling unit not to exceed one (1) square foot in area containing only the name and title or home occupation of the occupant.
(e) One (1) professionally made unlighted sign not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5) feet to a street line.
(2) Maximum Mobile Home Height
One level not to exceed fifteen (15) feet or two levels not to exceed twenty-five (25) feet above the highest contour line of applicable lot.
(3) Minimum Yard Requirements
Except where there is specifically designated on the Subdivision Map, which specification shall control, the following shall apply:
(a) Front yard setbacks shall conform to a minimum depth of ten (10) feet from the front property line to the closest structural projection, including porches, but not including awnings, overhangs, or planters.
(b) A side yard setback shall be maintained of at least five (5) feet in depth from all side property lines to the building line of any structure, with a minimum clearance of forty (40) inches from awnings or other projections to the side property line. Corner lots shall maintain a minimum setback of ten (10) feet from the side street line.
(c) A rear yard shall be maintained of at least fifteen (15) feet from the property line to the nearest building line, excepting fences, walls, and hedges when used as a property or boundary lines separation.
(4) Maximum Area of Dwelling
Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the mobile home and other structures.
(5) Subdivision of Lots
No lot or parcel of land shall be divided into smaller lots or parcels whether for lease, sale or rental purposes, provided that variations may be granted by the Committee.
(6) Minimum Dwelling Unit Size
All mobile homes shall require not less than seven hundred (700) square feet of floor area for any single family mobile home including contiguous patios, cabana, ramada, carport or similar structure with a minimum floor area of five hundred (500) square feet for the living area in the dwelling portion of the mobile home.
(7) Approval of Plans
No mobile home, building, addition, accessory, fence, wall, patio, or other improvement shall be commenced, erected, or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, location, and approximate cost of such structure or improvement have been submitted to and approved in writing by the Committee.
(8) Mobile Homes – Size – Plumbing Systems
No mobile home may be placed on any lot until approved in writing by the Committee as to size, condition and appearance. Said mobile homes must have complete sanitary facilities, including among others a lavatory, toilet, wash basin, tub or shower, kitchen sink, and must be connected to sewage outlets in conformity with state or county health requirements. The plumbing shall conform to the requirements of the Southern Standard Plumbing Code as published by the Southern Building Code Congress, current edition, as a guide to sound plumbing practices.
(9) Tie Down of Mobile Homes
Each mobile home shall be securely anchored at each corner by a chain of not less than 3/8” to a buried block of concrete anchor weighing not less than 300 pounds or the equivalent thereof.
(10) Garages and Carports
Garages and carports are not required but may be constructed on a lot with the prior written approval of the Committee.
(11) Spaces Below Mobile Homes – Enclosed
The space beneath the mobile home must be underpinned with a skirting of matching metal, stone or other such material as may be approved by the Committee of Architecture within sixty (60) days of date of placing the mobile home on its designated lot.
(12) Awnings
Open and closed awnings shall be permitted, the size, design and placement of which shall be subject to the approval of the Committee.
(13) Mail Boxes
Mail boxes shall be only of a design approved by and installed in a location designated by the Committee.
(14) Parking and Automobiles
(a) No structure on any lot shall be occupied in this District until off-street parking for at least two (2) automobiles has been provided on said lot. These required spaces and the drive thereto shall be surfaced with a permanent all-weather pavement.
(b) No parking shall be allowed on the streets of this District.
(c) No repairing or overhauling of cars or other vehicles is permitted on the lots or on the streets in this District.
APPENDIX B
AGREEMENT
(HORSESHOE BAY SOUTH)THE STATE OF TEXAS )(
COUNTY OF BURNET )(This Agreement (“Agreement”) dated November 22, 1971, by and between Lake Lyndon B. Johnson Improvement Corporation (“LBJ”) and Kings Land Inc. (Assignee).
WITNESSETH:
WHEREAS, on July 5, 1971, LBJ made a certain Declaration of Reservations (“Declaration”) covering a subdivision (“Subdivision”) known as Horseshoe Bay, which Declaration is recorded in Volume 177, Page 280 of the Records of Llano County, Texas, and Volume 189, Page 637 of the Records of Burnet County, Texas; and,
WHEREAS, said Declaration reserves to the Declarant therein the right at any time and from time to time to cause or permit the owners of other land adjoining or in the vicinity of the Subdivision to commit said other land or part thereof to the Declaration, all upon and subject to the terms and conditions of the Declaration; and,
WHEREAS, Assignee is owner of 674.905 acres, more or less (said “Land”) situated in Burnet County, Texas, more particularly described in Exhibit A which is attached hereto and made a part hereof for all purposes, subject to the liens, easements, rights-of-way, reservations and other encumbrances more particularly described in said Exhibit A; and,
WHEREAS, Assignee has requested LBJ to grant to Assignee, its successors and assigns, the right to commit all or part of said Land to the Declaration and LBJ deems that such grant will be in its best interest and LBJ is willing to grant said right upon and subject to the terms and conditions hereof;
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration including the mutual agreement herein set forth, the receipt and sufficiency of which is hereby acknowledged, LBJ and Assignee have and by these presents do agree as follows:
(1) LBJ hereby grants to Assignee the right but not the obligation at any time and from time to time hereafter at the sole election of Assignee to commit said Land or any part thereof to the Declaration by making and filing of record in Llano and Burnet Counties, Texas, a Plat duly executed by Assignee, which Plat complies with the Formal Requirements set forth in Section 1.1 of the Declaration covering the portion of said Land to be committed to the Declaration (the portion of said Land committed to the Declaration pursuant to the terms hereof shall be called the “Committed Land”).
(2) In the event Assignee commits said Land or any part thereof to the Declaration, LBJ hereby reserves all rights and privileges, duties, and obligations of the Declarant in and under the Declaration with respect to the Committed Land, save and except only the following rights and privileges of the Declarant which are hereby delegated to Assignee insofar and only insofar as the same cover the Committed Land:
(a) Assignee shall have the right to plat the Committed Land into one or more Lots and/or Tracts in compliance with the applicable provisions of the Declaration, including Section 1.1(a) through (e) and Section 3.1(a) through (g) thereof. Assignee shall have the right to resubdivide the same to the same extent and upon the same terms and conditions as LBJ, as Declarant, may resubdivide its own land pursuant to the Declaration, including Section 3.1 thereof. All Lots and/or Tracts into which the Committed Land may be platted shall be identified as Lots K__________ through and including K__________ and/or Tract K__________ through and including Tract K__________, as the case may be. The Plat or Plats filed by Assignee shall be identified as “Horseshoe Bay South”.
(b) Assignee shall restrict each Lot constituting the Committed Land into any of the Classifications then in effect under the Declaration as provided in Section 3.1 of the Declaration and any subsequent amendments thereof and as permitted in subparagraph 2(c) hereof. Assignee shall have the right to reclassify the Committed Land to the same extent and on the same terms and conditions as LBJ, as Declarant, may reclassify its own land as provided in the Declaration, including Section 3.1(f) thereof. Assignee shall not have the right to add additional Classifications as permitted in Section 3.1 (e) save and except as permitted in subparagraph 2(c) hereof.
(c) LBJ hereby authorizes Assignee to supplement Section 3.1 (Platting, Lot Classification, Easements) of the Reservations with respect to any or all of the Committed Land in order to add an additional Classification to be known as M-1 Mobile Home District. Assignee may make such amendment by preparing and filing of record in Llano and Burnet Counties, Texas, a supplement to the Restrictions which shall set forth the uses and regulations which shall apply in the M-1 Mobile Home District. Assignee shall have the right to determine the rules and regulations applicable to the M-1 Mobile Home District.
(d) Assignee shall have the right to impose additional special conditions on the Committed Land or any part thereof to the same extent and on the same conditions as LBJ, as Declarant, may impose additional restrictions on its own land pursuant to the Declaration, including Section 5.5 thereof.
(e) LBJ hereby authorizes Assignee to amend Section 3.2 A.9 (Utilities) of the Reservations with respect to all or part of the Committed Land in order to permit the installation of utility poles, wires, and appurtenances on or above ground level. Assignee may make such amendments with respect to any Lot or Lots and any Tract or Tracts by stating on the applicable Plat or Plats that utility poles, wires and appurtenances on specific Lots and/or Tracts and adjacent streets may be installed on or above ground level.
(f) Assignee shall have the right to dedicate to public or private use the applicable easements for roads, streets, utilities and the like relative to the Committed Land in the sole discretion of Assignee.
(g) Assignee agrees with respect to each Lot constituting part of the Committed Land to reserve in favor of Assignee and LBJ, as Declarant under the Declaration, in addition to the easements for utilities and drainage as provided in Section 3.1(9) of the Declaration, an easement for utilities and drainage ten (10) feet wide along lot line or lines of said Lot adjoining a street or streets in the Subdivision, said ten (10) foot easement shall include and not be in addition to the five (5) foot wide easement provided for in said Section 3.1(g) along said lot line or lines.
(h) Without limitation, LBJ, as Declarant under the Declaration, expressly reserves all other rights and privileges of the Declarant with respect to the Committed Land, including, without limitation, the following:
(i) LBJ, as Declarant, reserves all the rights and privileges of the Declaration as set forth in Sections 2.1 through and including 2.7 of the Declaration with respect to the Committee of Architecture (“Committee”).
(ii) LBJ, as Declarant, reserves all the rights and privileges set forth in Section 3.1(e) of the Declaration to add additional Classifications save and except as permitted in subparagraph 2(c) hereof.
(iii) LBJ, as Declarant, reserves the right but not the obligation pursuant to Section 4.2 of the Declaration to extend membership in the Ancillary Facilities to any Owner of any Lot or Subdivision Land constituting part of the Committed Land.
(iv) LBJ, as Declarant, reserves the right to establish and collect annual maintenance fees as provided in Section 4.4 of the Declaration, subject to the provisions of Section 3(f) of this Agreement.
(v) LBJ, as Declarant, reserves the right at any time and from time to time to cause or permit the owners of other land adjoining or in the vicinity of the Subdivision to commit said lands or any part thereof to the Declaration and the Conditions thereof as provided in the Declaration, including Section 4.6 thereof.
(3) LBJ and Assignee agree in general as follows relative to the Committed Land:
(a) This Agreement and the Declaration shall cover and be applicable only to such portion of said Land, if any, which Assignee shall commit or cause or permit to be committed to the Declaration by the filing of a plat or plats meeting the Formal Requirements set forth in the Declaration and this Agreement. This Agreement and the Declaration shall not cover or be applicable to any such portion of said Land, unless and until Assignee shall commit the same to the Declaration by the filing of a plat or plats meeting the Formal Requirements set forth in the Declaration. This Agreement shall never be deemed to obligate Assignee to commit said Land or any part thereof to the Declaration unless and until Assignee, in the exercise of its sole discretion, elects to commit the same to the Declaration.
(b) In the event Assignee shall commit said Land or any part thereof to the Declaration, the Committed Land shall be deemed to be part of the Subdivision Land and shall be subject to the Declaration for all purposes. All Committed Land shall be owned, held, leased, sold and/or conveyed by Assignee and any subsequent owner of all or any part thereof, or any right, title or interest therein, subject to the Declaration and the Conditions thereof. The Declaration and the Conditions thereof shall be binding upon and inure to the benefit of the Committed Land and/or any part thereof, including, without limitation, each and every Lot and/or Tract into which the same may be subdivided, and shall be binding upon and inure to the benefit of each and every Owner thereof, or any part thereof, or any right, title or interest therein. The Declaration and the Conditions thereof shall constitute covenants running with the Subdivision Land, which includes the Committed Land and each and every Lot or Tract into which the Committed Land may be subdivided as provided herein, and shall constitute a mutual covenant and equitable servitude burdening each part of said Subdivision Land, including the Committed Land, and inuring to the benefit of each other part thereof and burdening each Lot and/or Tract in favor of each other Lot and/or Tract in said Committed Land and/or the Subdivision Land.
(c) The term “Owner” shall include the owner of fee simple title to the Committed Land or any part thereof, including, without limitation, any Lot and/or Tract constituting part of the Committed Land. The term “Owner” shall include Assignee if and to the extent Assignee is owner of fee simple title to the Committed Land or any part thereof. In the case of a contract for deed or similar instrument (“Contract for Deed”) in which Assignee is the owner of fee simple title to the Lot or Land covered thereby and is grantee in said Contract for Deed, Assignee shall be deemed to be the Owner of the Lot or Land covered by said Contract for Deed until the third party, or the heirs, successors, assigns, or legal representatives of said third party, have paid twenty-five percent (25%) of the total principal amount of the purchase price provided for in said Contract for Deed, whereupon said third party, or the heirs, successors, assigns, or legal representatives of said third party, shall be deemed to be the Owner of said Lot or Lots so long as said Contract for Deed shall remain in good standing and no default shall occur thereunder.
(d) The Committee established pursuant to the Declaration, including Sections 2.1 through and including 2.9 thereof, will have the same rights and powers with respect to the Committed Land as with respect to all other Subdivision Land.
(e) The rights-of-way and easements reserved as set forth in Sections 1.1(e) and/or 3.1(g) of the Declaration, insofar and only insofar as the same cover the Committed Land, are and shall be reserved for the non-exclusive use and benefit of LBJ, as Declarant under the Declaration, and Assignee; and LBJ hereby assigns to Assignee the non-exclusive right and privilege to use the same for the purposes for which the same are created. Assignee shall have the right to relocate said rights-of-way and easements at any time by replatting, if and to the extent replatting thereof by Assignee is authorized pursuant to any other provisions hereof and if and to the extent LBJ, as Declarant, its successors and assigns, have not commenced the use thereof.
(f) Each Lot and Tract, except those owned by Assignee, shall be subject to the annual maintenance fee provided for in the Declaration, including Section 4.4 thereof, which fee shall be payable January 1 in advance each year. Said fee shall be established and collected by LBJ, as Declarant under the Declaration, until formation of the Property Owners’ Association (“Association”), all as provided in the Declaration. Without limitation, the Committed Land shall be part of the Subdivision.
LBJ and Assignee agree that within the sole discretion of LBJ, as Declarant under the Declaration, all maintenance fees paid to LBJ, as Declarant, attributable to the Committed Land, may be used for any or all of the uses and purposes set forth in the Declaration, including Section 4.4 thereof, and shall be subject to the terms and conditions of said Declaration.
The liens covering each Lot constituting the Committed Land securing the obligation to pay maintenance fees to the extent the same run in favor of the Declaration, shall run in favor of LBJ, as Declarant, and/or the Association as provided in the Declaration.
(g) Without limitation, Lots constituting part of the Committed Land shall be deemed to be Lots in the Subdivision for purposes of the Declaration, including Section 4.4 thereof.
(h) For purposes of Section 5.1 of the Declaration, the Owners of the Committed Land shall be deemed to be Owners of Subdivision Land for purposes of determining a majority of interest in the Subdivision Land, all as provided in said Section.
(i) Without limitation, if any Owner of any Lot or any portion of the Subdivision Land, including, without limitation, the Committed Land, shall violate or attempt to violate the Declaration or any part of the Conditions or covenants thereof, it shall be lawful for LBJ, as Declarant, Assignee, the Committee or any Members thereof, the Association or any Owner of any Lot or any portion of the Subdivision Land, including, without limitation, the Committed Land, to pursue any of the remedies provided for or permitted in Section 5.6 of the Declaration.
(j) The Declaration may be amended or supplemented at any time and from time to time by complying with the terms and conditions of Section 5.2 thereof and all such amendments shall be binding upon and inure to the benefit of the Committed Land. Without limitation, the Committed Land shall be deemed to be Subdivision Land for the purposes of Section 5.2 of the Declaration.
(k) LBJ hereby assigns without warranty to Assignee the non-exclusive right and privilege to use the name “Horseshoe Bay South”, together with the right to use the mark, a copy of which, marked Exhibit “B”, is attached hereto, in connection with the Committed Land. As between LBJ and Assignee, Assignee agrees that LBJ is the owner of said name and mark.
(l) This Agreement shall never be deemed to grant to Assignee any right, title or interest in and to any assets or property, whether real, personal or otherwise, of LBJ and/or in and to any other rights, titles or interests owned or claimed by LBJ. Without limitation, this Agreement shall never be deemed to grant Assignee any right, title or interest in or to any land described in that certain Deed dated May 5, 1971, from Hurd Properties, Inc. to LBJ covering 765.55 acres, more or less, recorded in Volume 176, Page 122, of the Deed Records of Llano County, Texas, and/or any Contract of Sale covering said property or any part thereof or any improvements thereon or otherwise. In the event Assignee commits any part of said Land to the Declaration pursuant to the terms and conditions hereof, Assignee shall have the rights and privileges granted under the Declaration and this Agreement insofar and only insofar as the Declaration covers the Committed Land.
(m) This Agreement shall never be deemed to grant to LBJ any right, title or interest in and to any assets or property, whether real, personal or otherwise, of Assignee and/or in and to any other rights, titles or interests owned or claimed by Assignee. Without limitation, this Agreement shall never be deemed to grant LBJ any right, title or interest in or to any land described in that certain Deed dated August 24, 1971, from C.T. Hedges and wife, Jim Willis Hedges, covering 674.905 acres, more or less, recorded in Volume 190, Page 703, of the Deed Records of Burnet County, Texas, and/or any Contract of Sale covering said property or any part thereof or any improvements thereon or otherwise. In the event Assignee commits any part of said Land to the Declaration pursuant to the terms and conditions hereof, LBJ shall have the rights and privileges granted under the Declaration and this Agreement insofar and only insofar as the Declaration covers the Committed Land.
(4) LBJ and Assignee further agree in general as follows:
(a) Terms herein which are defined in the Declaration, including, without limitation, the terms “Owner”, “Subdivided Land”, “Declaration”, “Conditions”, “Formal Requirements”, “Lot”, “Tract”, “Plat”, “Committee”, “Association”, “Maintenance Fee”, and the like shall be defined for purposes of this Agreement as said terms are defined in the Declaration. The term “Land”, as used in this Agreement, shall mean the land described in Exhibit “A” hereof and shall not mean “Land” as that term is defined in the Declaration.
(b) This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, assigns and legal representatives.
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