Deed Restrictions for Oak Tree Ranch Estates
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We’ve placed the simplest six restrictions we could devise on Oak Tree Ranch Estates. You can keep any farm or domestic animals you want (except swine) 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 Oak Tree Ranch Estates 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. Remember “Good restrictions make for good neighbors”
The typical 10-acre parcel of land is 500 feet by 900 feet or roughly the equivalent of four city blocks, nine football fields, 40 typical building lots in Plano, TX OR forty-six postage stamps. It’s enough room to raise a huge garden, pasture a couple of horses or a few calves, and have all the privacy you want in the bargain. It’s enough space to create your interpretation of paradise. Oak Tree Ranch Estates is divided into parcels of ten to twelve acres each. There are nice trees on all of the tracts, and some tracts have frontage on one of the two small lakes sites. All tracts have frontage on paved county roads with mostly level terrain.
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1) LAND USE:
No current tract can be subdivided or divided into a smaller tract of less than five acres, and shall have a minimum of 200 feet of road frontage. 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, workshops, storage and/or barns.
RESTRICTED USE:
Restricted Use: Tracts are not to be used for the storage of business inventory, trash or debris. All signs are restricted to prior approval, except in the case of real estate for sale. No structures used for storage purposes shall be erected or placed upon any Lot which will be visible from any roadway, unless placed within the most rear one-fourth (1/4) of the parcel, that being such portion farthest away from any roadway. All such structures shall be neatly maintained. No tents, campers or trailers shall be used on any Lot for residential purposes. Manufactured homes are expressly prohibited. No mobile home, modular home, or other manufactured home or structure of any kind shall be permitted on any Lot. A mobile home is a “mobile home” with the meaning of this restriction even if its wheels shall have been removed and the structure set on a permanent foundation or slab and even if connected to water and electric lines.
All Lots shall be kept in a clean and orderly condition at all times, and all trash, garbage, and other waste shall be kept in sanitary containers. Waste placed by the roadway for pickup shall be in a garbage cans or similar containers. No hunting shall be permitted on any Lot in this subdivision and no discharging of any fireworks shall be permitted. No portion of any Lot shall be used in a manner that adversely affects adjoining Lot Owners or creates an annoyance or nuisance to other Owners. This shall include noise pollution such as barking dogs, loud music, or any animal or fowl that causes a nuisance. All water wells and related equipment shall be placed in the back half of the Lot within enclosed structures or appropriately screened from public view with plant material suitable for that purpose. No exterior radio or television antenna or satellite dish (except such satellite dish not exceeding 24” in diameter) shall be erected or maintained on the Lot, without the prior written approval of the Enforcement Committee. No quarrying, mining, excavating or removal of timber, shall be permitted on any Lot, except as necessary for the construction of dwellings or other outbuilding structures on the property.
2) HOUSE REQUIREMENTS:
Any residence constructed or placed on any tract must have an air-conditioned living area of not less than 1800 square feet, with a two car attached enclosed garage. All residences shall be built to meet the then current local and state, building and energy requirements. All utilities must be underground from the road. All drives must be concrete or asphalt. All building plans, specs and site plan must be submitted for approval by developer or Enforcement Committee. 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.
All septic systems must be approved by the county, and the Tarrant Regional Water District, and maintained in good working order.
There is no time limit from the time tract is purchased to the start of construction. Once construction is started it must be completed within 12 months. Residences damaged or destroyed due to fire, weather, or other reasons must be repaired or rebuilt, and any debris removed from the property within 6 months.
Up to one Secondary (“mother-in-law”) cottages may be built behind the main house, as long as they meet the requirements above, except size. No mobile homes, recreational vehicles, or campers are allowed for permanent housing.
Any exceptions or modifications to the building restrictions must be approved in writing by the developer or lot owners representing 60% of the acreage lots.
3) TEMPORARY STRUCTURES and VEHICLES:
Recreational vehicles and campers cannot be used for housing for over 15 days continuously. During construction of the permanent residence, recreational vehicles and campers can be used for housing for up to a maximum of six months.
These tracts are not to be used for storing disabled vehicles, or parking of 18 wheeler trailers. All vehicles must be in operating order, and except for farm equipment, must have a current license and inspection. No inoperable vehicles will be allowed to remain on the property over 30 days, except in enclosed buildings where the vehicle is not visible from the road or other property.
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 25 feet from the side property lines. Front Building Line is generally defined as one-half of the depth of the Lot from the road way. 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 the USA are permitted. No outside kennels are allowed and each lot is restricted to 2 adult dogs. Any dangerous and/or exotic animals are prohibited. Rottweilers, Pit Bull dogs and swine are specifically prohibited.
7) TERMS:
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 60% of the current owners of the tracts, agreeing to change said covenants and restrictions, in whole or in part. There shall be one vote per whole acre within the Lot or Lots owned by each Owner.
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 any such lien or beneficiary of any such deed of trust.
8) ENFORCEMENT COMMITTEE:
The Developer (or an Enforcement Committee elected by votes representing 60% of the acreage of all 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 artificial means such as voice mail, informing the property owner of the violation, and asking if he knows he is aware of the violation. If no action is taken by the owner to correct the violation, after 30 days from verbal notice, the Enforcement Committee shall 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 Henderson County Appraisal District office, and one to any other known mailing address.
All disputes will be handled in Henderson 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% compounded annually for their time & effort, 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. 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 OAK TREE RANCH ESTATES Subdivision.