DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
EUREKA LAKE COUNTRY:
A RURAL COMMUNITY FOREVER
We’ve placed the simplest eight restrictions we could devise on EUREKA LAKE COUNTRY. You can keep any farm or domestic animals you want (except swine or mean dogs) but the guy next door can’t have a commercial kennel or a feedlot. You can run any home business that doesn’t require a sign larger than 2′ x 2′, so you don’t need to worry about living next door to a circus. We’ve done our darnedest to see that you, our typical, rural-oriented, nature-loving clients have as much freedom to do your own thing — just as God and John Wayne intended.
We think you should pick EUREKA LAKE COUNTRY if you’re looking for a place to escape the pollution and congestion of the city without becoming a polluter yourself; a place where you can raise your own food and maintain a simple lifestyle without being over-run by industry or agribusiness; a place where the kids and pets can play in the road without fear.
The typical 10-acre parcel of land is 286 feet by 1500 feet or roughly the equivalent of four Dallas city blocks, nine football fields, 40 typical building lots in Plano, TX OR forty-six million postage stamps! It’s enough room to raise a huge garden, pasture a several of horses and a few calves, and have all the privacy you want in the bargain. It’s enough space to create your interpretation of paradise.
EUREKA LAKE COUNTRY is divided into parcels of five to over twenty-one acres each. There are nice trees on most of the tracts, and many tracts have frontage Eureka Lake or on Eureka Creek. All tracts have frontage on paved county roads with Cherokee Loam soil on a mostly level terrain, and good grasses.
STATE OF TEXAS *
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COUNTY OF FRANKLIN *
RESTRICTIONS OF
EUREKALAKECOUNTRY
A RANCHETTE SUBDIVISION
IN
FRANKLIN COUNTY, TEXAS KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, developer is the owner of that certain tract of land containing approximately 322 acres of land, known as EUREKA LAKE COUNTRY, a ranchette subdivision situated in Franklin County. The Plat of EUREKA LAKE COUNTRY, PHASE I, was recorded in the office of the County Clerk of Franklin County, Texas on the 8th day of December, 2003, after having been approved by law, and being recorded in Plat Cabinet 8, page 85A of the Map Records of Franklin County.
NOW, THEREFORE, Developer hereby adopts, establishes and imposes upon EUREKA LAKE COUNTRY, PHASE I & PHASE II subdivision, and declares the following reservations, easements, restrictions, covenants, and conditions, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of said property, which Restrictions shall run with said property and title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof.
1) LAND USE:
No tract can be subdivided or divided into a smaller tract. No tract shall be used except for residential purposes, and a home based business. No buildings shall be erected, altered, placed, or permitted to remain on any tract other than single-family dwellings, and workshops, storage and/or barns.
Restricted use: No outside storage of business inventory, trash or debris. All signs are restricted to 2’x 2’ except in the case of real estate for sale. No motorized boats or docks will be allowed on Eureka Lake. Catch and release fishing is encouraged.
Hunting by land owners will be prohibited when six homes are started anywhere in Eureka Lake Country.
- HOUSE REQUIREMENTS:
Any residence constructed on any tract must have an air-conditioned living area of not less than 1600 square feet. All residences shall be built to meet the then current local and state, building and energy requirements. All building plans and specs must be approved by developer in writing before the start of construction. In an effort to maintain the aesthetic beauty of the area, all dwellings built or placed on the property must be compatible with the surrounding residential area. All property improvements including accessory buildings and barns must be built with new or pre-approved materials.
There is no time limit from the time tract is purchased to the start of construction, but once construction is started it must be completed within 12 months. Buildings damaged or destroyed due to fire, weather, or other reasons must be repaired or rebuilt, and any debris removed from the property within 12 months.
One Secondary (“mother-in-law”) cottages may be built behind the main house (after the main house is constructed), as long as they meet the building requirements above, except size.
Any exceptions to the building restrictions must be approved in writing by the developer and lot owners representing 60% of the lots.
3) TEMPORARY STRUCTURES and VEHICLES:
No mobile homes, recreational vehicles, or campers are allowed for permanent housing.
These tracts are not to be used for outside storing of disabled vehicles. All vehicles must be in operating order, and except farm equipment must have a current license and inspection.
Recreational vehicles and campers cannot be used for housing for over 60 days continuously. During construction of the permanent residence, recreational vehicles and campers can be used for onsite housing for up to a maximum of one year.
All motor vehicles must be currently licensed and parked in the drive or behind the main house. No inoperable vehicles will be allowed to remain on the property over 30 days.
4) LOCATION OF IMPROVEMENTS:
No building of any kind shall be located on any tract nearer to the street than the front building line, and 20 feet from the side and rear property lines. Tracts 1-17 have a 140 foot front building line. Common area is reserved for enjoyment of the lake and creek area for all land owners and their guests. The common area may not have fences running across it. See approved plat for details.
5) NUISANCES:
No noxious or offensive activity, whether for profit or not, shall be carried on or upon any tract, nor shall anything be done thereon which may be considered an annoyance or nuisance to the neighborhood. Any contaminating activities and storage of any environmental hazardous materials are prohibited.
6) ANIMAL HUSBANDRY:
Only farm and domestic animals native to Texas or the USA are permitted. Any dangerous and/or exotic animals are prohibited. Rottweiler, Pit Bull dogs and swine are specifically prohibited.
7) MOWING EASEMENT:
Developer reserves an easement for grazing or the mowing and/or bailing of hay across all tracts. Such easement shall terminate on each tract the earlier of (a) the fencing of such tract, or (b) the beginning of construction of a residence on the tract. Although Developer reserves these rights, he has no obligation to do so.
8) TERMS & Enforcement:
These covenants and restrictions are to run with the land and shall be binding for a period of thirty (30) years from the date of this instrument. After which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed and recorded by 70% of the current owners of the tracts, agreeing to change said covenants and restrictions, in whole or in part. These covenants and restrictions may be modified at anytime by an instrument signed and recorded by 70% of the current owners of the tracts, agreeing to said changes. For this and other matters there shall be one vote per tract.
The provisions of the Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration. No violation of the Restrictions shall affect the lien of any mortgage or deed of trust presently or hereafter placed of record or otherwise affect the rights of the mortgagee under any such mortgage, the holder of nay such lien or beneficiary of any such deed of trust.
The Developer (or any three elected property owners, if developer has no ownership interest in the subdivision) may constitute an Enforcement Committee. The Enforcement Committee shall have the right to enforce, by any proceeding at law on inequity, all restrictions, conditions, and reservations imposed by the provisions of this Declaration. The Enforcement Committee may enforce restrictions by first verbally, in person or on the telephone, but not through any artificial means such as voice mail, informing the property owner of the violation, and asking if he is aware of the violation. If no action is taken by the owner to correct the violation after 30 days from verbal notice, or if the owner is unable to be contacted by phone, the Enforcement Committee shall notify or re-notify the owner of the violation by certified mail, one to the situs address (if there is a mail receptacle), one to the mailing address of record at the FRANKLIN County Appraisal District office, and one to any other known mailing address.
All disputes will be handled in FRANKLIN County, first by mediation, and then binding arbitration. All attorney fees and costs of mediation and binding arbitration shall be recoverable by the prevailing party. If the property owner is found in violation of the restriction(s) and fails to correct said violations within 90 days of binding arbitration, then the Enforcement Committee may elect to correct the violation with outside contractors and/or public officials. The Enforcement Committee shall pay said outside contractors in a timely manner. The Enforcement Committee shall hereby be entitled to recover all costs of the enforcement, plus 20% for their time, plus 10% annually for the use of their funds, and the same shall constitute a lien against the tract owned by the violating party.
Any Restrictive Covenant declared invalid shall not affect other provisions of this document. Any Restrictive Covenant, which shall require a person to violate the law, shall yield to said law. Failure to enforce a restriction does not constitute a waiver of said restriction.
Exhibit A is the metes and bounds legal description of the property, also known as EUREKA LAKE COUNTRY Subdivision. Campbell Loyal Trust is the current sole owner of said land.
IN WITNESS WHEREOF, the undersigned, being the Developer herein, has hereunto set its hand this day of ________ , 2004.
Campbell Loyal Trust
A Texas Trust
By:________________________________
Ralph C. Campbell, Trustee