El Dorado

By Laws of El Dorado Homes Association (Mar-April 1974)

Reprint of an article published in the Sunburst, mid 1970's

TO: ALL RESIDENTS OF EL DORADO
FROM: EL DORADO HOMES ASSOCIATION, INC.

Perhaps during the flurry of activity and red tape you experienced during the legalities leading to purchase of your residence, you overlooked a very important clause that refers to the restrictions pertaining to your deed. In an effort to create an awareness of those restrictions, the following pages have been published. The particular document you see reproduced here applies to building unit X, which were the ninth and last unit to be constructed in El Dorado. However, the other areas have been thoroughly researched and except for a few minor word changes in the document filed for building unit I; inclusion of specifies for the El Dorado Homes Association property in the document filed for unit II; and exclusion of certain lots in Unit X for the EDHA, they (the restrictions) are identical.

Please read this document and save it for future reference.

Neighbors, the restrictions are there to aid all of us in our endeavor to maintain the high quality of our subdivision. Please consider them with a great deal of thought. They are extremely important to all of us.


ELDORADO ? UNIT X
ELDORADO JOINT VENTURE Composed of RESTRICTIONS
SHEPHERD AND BURRIS PROPERTIES, INC. DATED: March 13,1974
and MORTON/SOUTHWEST COMPANY FILED: April 1, 1974RECORDED: Volume 7313 Page 165 BEXAR COUNTY DEED RECORD

TO THE PUBLIC

That El Dorado Joint Venture, composed of Shepherd and Burris Properties, Inc., acting herein by and through its President, Bruce Shepherd, hereunto duly authorized, land Morton/Southwest Company acting herein by and through its President, Clifford E. Morton, hereunto duly authorized, being the owners of El Dorado, Unit X, a plat of which is duly recorded in Volume 7200, Page 36 of the Deed of Records of BEXAR County, Texas, does hereby make and publish limitations and restrictions, which are to apply to and become a part of all contracts of sale, deeds, and other legal instruments whereby title or possession is divested out of the present owners and invested in other person or persons. To all of which El Dorado Joint Venture and Shepherd and Burris Properties, Inc., and Morton/Southwest Company do hereby bind themselves as the free owners of said property in El Dorado Unit X. All of the Limitations and restrictions contained herein shall extend to include the heirs, assigns, devisees, lessees and holders of any land and under all who may purchase or acquire any real property in El Dorado, Unit X from El Dorado Joint Venture and Shepherd and Burris Properties, Inc., and Morton/Southwest Company, which expressly retains and reserves in every part, parcel, and lot in said El Dorado Unit X the proprietary right to enforcement and observance of all limitations and restrictions hereinafter set forth.

I. USE OF LAND

The lots shall be used for private dwelling purposes only except lots 1?3, Block 34, which may be used for community recreation facilities. No store or business house, no gas or oil or automobile service station, and no building of any kind whatsoever shall be erected or maintained thereon except private dwelling houses and such outbuildings as are customarily appurtenant to dwellings, each house being detached and being designed for occupancy for a single family.

No residence of temporary character shall be permitted on any lot. No shack, basement, garage, trailer, camper, tent, barn, or other outbuilding or vehicle erected on or placed on any lot in the subdivision, shall at any time be used or occupied as a residence or place of human habitation either temporarily or permanently whether or not a house is then being used as a residence on the sum lot. No trailer, camper, or similar vehicle shall ever be connected to utilities on a lot. No vehicle not in use, trailer, boat, camper, or similar vehicle shall be located in the drive or front yard of any house or on the exposed side yard of comer lots, for more than thirty days in any 360?day period.

No noxious or offensive trade or profession shall be carried on in any structure or upon any lot, nor shall anything be done thereon which may be or become any annoyance to the neighborhood.

No building material of any kind shall be placed or stored upon any lot until the owner thereof is ready to commence improvements and then the material shall be placed within the property line of the lot upon which the improvements are to be erected and shall not be placed on the street or between the curb and property line.

No dwelling constructed elsewhere shall be moved onto any lot.

II. LOT AREA AND FRONTAGE

Every dwelling erected on any plot shall front or present a good frontage on the street on which said plot fronts. Dwellings on comer lots shall have a presentable frontage on all streets on which the particular corner lot abuts.

Ill. APPROVAL OF PLANS

No building shall be erected placed of altered on any building plot in this subdivision until the building plans, specifications and plot plan showing location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to the topography and finish ground elevation, by an Architectural Control Committee composed of Bruce Shepherd, Graham L. Burris, Clifford E. Morton, and Ralph Bender. In the event of death or resignation of any member of said Committee, the remaining members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the event said Committee, or its designated representative fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it or, in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed Pursuant to this convenient. The powers and duties of such Committee and its representatives shall cease on or after 1983. Thereafter the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by then record owners of a majority of the lots in the subdivision and duly recorded appointing a representative or representatives who shall hereinafter exercise same power previously exercised by said Committee.

IV. SIZE OF DWELLING

No dwelling, exclusive of open porches, garages, carports, or patios, shall be permitted on any lot at a cost of less than $16,000, based on the cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of these covenants to assure that all dwelling shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size.

The minimum ground floor area of the main structure of any dwelling erected, placed or permitted to remain on any single family residential lot, exclusive of open porches, terraces, garages and detached accessory buildings shall be not less than 1400 square feet for one story and 900 square feet for the ground floor area of more than one story. Minimum 75% masonry will be required on each dwelling; this could be reduced if in the judgment of the Architectural Control Committee named in Paragraph III above, for reasons of design or style authenticity, a lesser amount is dictated.

The minimum masonry requirement specified shall apply to the lower floor only of a two story dwelling. All dwellings placed on a comer lot will have masonry to the top plate line on the sides of the house exposed to the streets.

V. OUTBUILDING REQUIREMENTS

Every outbuilding except a green house or metal storage building shall correspond in style and architecture to the dwelling to which it is appurtenant, and shall be of the same exterior materials, both walls and roof, as such dwelling. No outbuilding shall exceed the dwelling to which it is appurtenant in height or number of stories.

VI. BUILDING LOCATION

No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. (In any event, no building shall be located on any lot nearer than 20 feet to the front lot line or nearer than 10 feet to any side street line.) No building shall be located nearer than 5 feet to an interior lot line and the sum of the nearer than 15 feet to the rear lot line, or at a greater distance if so required by the duly recorded plat of this subdivision. For the purpose of this covenant, eaves, steps, brink masonry lugs or returns and fireplace footings, and open porches shall not be considered as part of a building, provided, however that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

VII. FENCES

No fence, wall, or hedge shall be built or maintained forward of the front wall line of the respective house, not including decorative walls or fences which are part of the architectural design of the house, and which are not to be built or maintained nearer than 20' to the front property line of any lot. An exception shall be made in the case of retaining walls of not over twelve inches above the ground.

No fence, wall, or hedge shall be built or maintained which exceeds a height of seven feet.

No fence, wall, or hedge or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner lot within the triangular areas formed by the street property lines and a line connecting them at points twenty?five feet from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street line extended, the same sight line limits shall apply on any lot within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such sign lines.

An exception to the above fence requirements may be granted by the Architectural Control Committee for community facilities in order to provide proper screening delineation, decoration and protection.

VIII. MODIFICATIONS

Neither carports nor garages can be modified for use as living area without providing for car storage acceptable to the Architectural Control Committee.

All plans for structural modifications that can be seen from the street must be submitted to and approved by the Architectural Control Committee before start of construction.

IX. SIGNS

No commercial signs of any kind shall be displayed to the public view on any residential lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder advertising the property during construction and sales period.

X. OIL AND MINING OPERATIONS

No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, minerals excavations, or shafts be permitted upon any lot. No derrick or other structure, designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.

XI. MISCELLANEOUS PROVISIONS

No tank for the storage of oil or other fluids may be maintained on any of the lots above the surface of the ground.

Livestock and Poultry: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.

Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste materials shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

At the time the original improvements are erected on any residential lot in El Dorado Subdivision, Unit X controlled by these covenants, the builder shall construct a cement sidewalk along the entire front of such building plot located as provided in the ordinances governing the building of sidewalks of the City of San Antonio, Texas, as to spacing and width and conglomerate contents, etc. and shall be uniform.

XII. TERMS

These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall automatically be extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots have been recorded agreeing to change said covenants in whole or in part.

XIII. ENFORCEMENTS

Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant either to restrain violation or to recover damages.

XIV. SEVERABILITY

Invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions which shall remain in full form and effect.