Kimble Oaks Ranch Restrictions

These are not the complete recorded documents for Kimble Oaks Ranch Subdivision;
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3.  Non Commercial Use of Tracts.  None of said Tracts, or improvements erected thereon, shall be used for any purpose other than a private family residence with usual and customary accessory buildings, such as, but not limited to garages, guest cottages, and servants quarters.  No Tract, or improvement thereon, shall be used for any commercial purpose, except that nothing herein shall be construed to prevent a purchaser from rendering professional services of purely personal nature so long as such services do not attribute to the Tract any appearance of a commercial or non-residential use.

4.  Architectural Control.  There is hereby established a Building Board which shall determine if the plans and specifications for any structure on any Tract meet the requirements of these restrictions and determine if the appearance, design, and quality of the workmanship and materials are in harmony with the purposed scheme or plan of development of the Subdivision and the Building Board.  Plans and specifications shall, as a minimum, describe the building to be placed or constructed as well as the materials to be used on the exteriors.

5.  Construction of Buildings and Other Structures.   All building and structures on each Tract shall be architecturally acceptable by the Building Board.  No unpainted metal or fiberglass structure shall be placed on any said Tracts for use as an accessory building. 

No tent or substandard structure of any character may be placed, constructed or maintained by any said Tracts, nor shall ever any structure of temporary character be used as a residence thereon.  Storage of travel trailers is permitted provided it is not in a condition or location to adversely affect the value of the adjoining property.

6.  Size and Type of Building.  Not more than one single family residence shall be placed or constructed on any tract of the land herein contracted or conveyed, and no single family residences shall be constructed thereon which contains less than 1,000 square feet of living area. New Manufactured Dwelling Houses (or houses which are not more than five years old) of not less that one thousand (1,000) square feet are permitted.  These houses must have their tongues and axles removed, and be set on and permanently attached to permanent foundations.  A Manufactured Dwelling House must be skirted with a 100% masonry skirting.  Houses in this category must also have a front porch which has been approved by the Building Board.
 Minimum depth of the building setback lines from the roads fronting the tracts in Kimble Oaks Ranch shall not be less than one hundred (100) feet and not less than twenty (20) feet from side tract lines and not less than fifty (50) feet from the back lines.  There can be no variations from this No. 6 paragraph unless permission is granted in writing by said Kimble Oaks Ranch Building Board prior to any such construction.

7.  Animals and Hunting.  No feed lots shall be allowed and specifically no swine shall be permitted unless it is in connection with a school  project, Future Farmers of America or 4-H Club project.  Household pets should be maintained in a sanitary and quiet manner.  Livestock may be kept and maintained on said land in numbers not to exceed One (1) animal unit for each two acres for horses and cattle and may not exceed One (1) animal unit for each one acre for sheep and goats.  No hunting of any type shall be allowed on property which comprises less that ten (10) contiguous acres. Hunting shall be permitted on tracts wherein one property owner owns ten (10) or more contiguous acres. Any and all hunting must be done in full compliance with all state and county laws and regulations

8.  Sanitation and Sewerage.  No outside toilets will be permitted and no installations of any kind of disposal of sewage shall be allowed which would result in raw, treated or untreated sewage or septic tank drainage on or into the surface, alleys, ditches, or water bodies.  No septic tank or sewage disposal may be installed without prior approval of the Building Board and the proper governmental authorities All State, County, and municipal (if any) health and sanitation statues, rules, ordinance, and regulation must be complied with at all times.

9.  Trash and Garbage.  No trash, garbage, construction debris, or other refuse may be dumped or disposed or allowed to remain upon any Tract, vacant or otherwise.  No building material of any kind or character shall be placed upon the property until the owner is ready to commence improvement, and then such material shall be placed with the property lines of the Tract.  No noxious or undesirable thing or use whatsoever shall be permitted on any tract.  The Building Board shall determine noxiousness or undesirability and decision shall be conclusive on all parties.

10.  Signs.  No sign or advertising device may be displayed on any Tract except in the event of sales.  There may be one for sale sign with no more than five (5) square feet.

11.  Subdividing.  No Tract, as that term is defined herein, may be re-subdivide by the purchaser or owner without the consent of the Developer in writing.

12.  Separability of all Terms and Provisions.  If any term or provision of this instrument, or the application thereof shall be held invalid all other terms and provisions of this instrument, or the application thereof shall not be affected thereby nor shall any failure of the Building Board to seek enforcement of any term or provision constitute a waiver of any rights to do so in the future or the validity or enforceability of such term or provision.

13.  Enforcement.  The Developer and every other person, firm, or corporation hereinafter having any right, title, or interest in any Tract or parcel of land in this subdivision shall have the right to prevent the violation of any said restriction by injunction or other lawful procedure and to recover any damages resulting from such a violation.  Damages for the purpose of this paragraph shall include court cost and necessary attorney fees.

14.  Interpretation.  The right is expressly reserved to the Developer and its successors and assigns, to interpret any and all conditions, limitations and restrictions contained in these restrictions but such right shall be without prejudice to the rights of enforcement prescribed in paragraph 13 above.

15.  Abatement and Removal Violation.  Violation of any restriction or condition or breech of any covenant herein contained gives the Building Board or its agents, in addition to other remedies, the right to enter upon the land, and to abate and remove the violation at the expense of the Purchaser or Owner, and said agents shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, and removal

16.   Road Maintenance. Purchaser hereby authorizes Developer and/or Assigns to improve and maintain roads used for access to the above referenced property and other property in Kimble Oaks Ranch Subdivision. And to charge each property owner a fee of $5.00 per acre, per year not to exceed $75.00 per year. (THESE FEES MAY HAVE CHANGED PER KIMBLE OAKS PROPERTY OWNERS ASSOCIATION.) Such charge shall not be assessed against Developer or Developer’s Assigns. Such charge shall be made by direct billing to the property owner. If Purchaser refuses to made said payments, Purchaser hereby authorizes Developer, at Developer’s option, to deduct such charge from payments made by Purchaser, and any such charge so deducted shall not be credited to the payment on the balance due on said purchase price, principle or interest. It is understood and agreed that this road maintenance charge (if not paid within 60 days of the billing date) shall become a lien against the tract being conveyed, permitting Developer and/or Assigns such rights to enforce said lien as may set forth in Sec. 51.002 of the Texas Property Code, as amended time to time.
 
17.   Property Owners Association.    At such time the Developer may determine at his sole determination, Developer shall have the Authority to notify each tract owner of the time, date and location of a meeting of all property owners to be held for the purpose of organizing a Property Owner’s Association. A majority of the votes of the tract owners in attendance at such meetings or by written proxy shall be sufficient to transact business at such meeting. Each tract owner, including developer, attending or represented by written proxy at such meetings shall have one vote for each tract owned by such owner on all business to come before the meeting. Upon the creation and organization of such organization, as a non-profit corporation, or other wise, developer shall transfer and assign to the association the current balance of the road improvement and maintenance, if any. Thereafter such association shall have the power, authority and obligation to maintain and improve roadways of the development and collect the road maintenance assessment. All such assessments upon any tract shall become the personal obligation of the owner of each tract and such association is hereby granted a lien upon each lot to secure the payments of such assessments, permitting said association such rights to enforce said liens as may be set forth in Sec. 51.002 of the Texas Property Code, as amended from time to time.                   THE ASSOCIATION HAS BEEN FORMED.