Walsh Tarlton Neighborhood Association

WTNA Covenants

Again, thank you Julie Witte for typing these up for us!

This document has been typed from a copy of the original document. There appears to be a missing second page. If anyone has a copy of this page could you please contact Chris Ott at Capecod515@yahoo.com.

Page 1 Covenants

WOODHAVEN II SUBDIVISION

DECLARATION OF CONVENANTS AND RESTRICTIONS
OCT -5-79

THIS DECLARATION, made this 3rd day of October, 1979, by GUNN-FREEMAN-MCDANIEL, INC., a Texas corporation, acting by and through its hereunto duly authorized officer, with its principal offices in Austin, Travis County, Texas.

WITNESSETH:

WHEREAS, GUNN-FREEMAN-MCDANIEL, INC. is the owner of the real property described in Article 2 of this Declaration and desires to create thereon a residential subdivision known as “Woodhaven II” with streets, utilities and certain other common facilities for the benefit of the said subdivision; and

WHEREAS, GUNN-FREEMAN-MCDANIEL, INC. desires to provide for the preservation of the values and amenities in said subdivision and for the maintenance of said streets, utilities and other common facilities, and to this end, desires to subject the real property described in Article 2 to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and

WHEREAS, GUNN-FREEMAN-MCDANIEL, INC. has deemed it desirable, for the efficient preservation of the values, attractiveness and desirability of the lots in said subdivision administering and enforcing certain covenants and restrictions hereinafter created:

NOW, THEREFORE, the GUNN-FREEMAN-MCDANIEL, INC. declares that the real property described in Article 2, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and easements (sometimes referred to as “covenants and restrictions”) hereby imposed on said property, and such restrictions and covenants shall constitute covenants running with interest in any Lot or lots in said subdivision, their heirs, successors and assigns, and shall in re to the benefit of each owner of any such Lot or Lots in said subdivision, to –wit:

1. DEFINITIONS
a. “The Property” shall mean and refer to all such existing property, as are subject to this Declaration under the provision of Article 2 hereof.

b. “Lot” shall mean and refer to any of the numbered lots shown upon any recorded subdivision map of The Property (including Lots in any permitted resubdivision and Lots in any additional lands added to this Declaration as provided herein).

c. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property, including contract Sellers, but excluding those having such interest merely as security for the performance of an obligation.

2. PROPERTY SUBJECT TO THIS DECLARATION

The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Travis County, Texas, and is more particularly described as follows:

DEED RECORDS 6747 1982
Travis Coutnry, Texas
All lots in Woodhaven II, a subdivision

Pages 2-6

In Travis County, Texas, according to
the map or plat thereof of record in
Book 78, Page 203, Plat Records of
Travis County, Texas.

all of which property shall hereinafter be referred to as the “property”.

3. LAND USE AND BUILDING TYPES

Each lot shall be used as a residence for a single-family and for no other purpose. No building shall be erected, altered, placed or permitted on any lot other than one detached, single-family dwelling not be exceed two (2) stories in height, and with an attached private garage or carport for not more than three (3) cars. No business of any kind shall be conducted in any residence or on any lot with the exception of the business of Woodhaven II Joint Venture, its successors, transferees, or assigns in developing all of the lots within the subdivision.

4. WOODHAVEN II ARCHITECTURAL CONTROL COMMITTEE

The Woodhaven II Architectural Control Committee shall be composed of three (3) persons. The initial member of the committee shall be William T. Gunn, III, Joseph McDaniel and Doyle Wilson. No member of the Committee shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the record owners of two-thirds (2/3) of the lots covered hereby shall have the power through a duly executed written instrument recorded in the Deed Records of Travis Country, Texas, change the membership of the committee. Any member of the Committee may resign therefrom, and the remaining members of the Committee shall appoint his successor, subject to change by the record Owners of two-thirds (2/3) of the Lots covered hereby as provided above. No building shall be erected, placed or altered on any lot until a copy of the construction plans and specifications and a plan showing the location of the structure have been delivered to and approved by Woodhaven II Architectural Control Committee as established hereinafter as to the quality of workmanship and materials, harmony of external design with the existing structures and as to the location with respect to topography and finished grade elevations. The plans and specifications shall be properly prepared in a manner so as to be clearly understood. The plans and specifications and the plan showing the location of the proposed structure shall remain in the possession of said Woodhaven II Architectural Control Committee until this subdivision has been completed in its entirety. The Woodhaven II Architectural Committee’s approval or disapproval as required in these covenants shall be in writing. In the event Woodhaven II Architectural Control Committee, or its designated representative fails to approve or disapprove within thirty (30) days after the plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. When, in the opinion of the Woodhaven II Architectural Control Committee a waiver or modification of any of the restrictive covenants therein would not impair or detract from the high quality of this subdivision, it may, by written instrument in recordable form, waiver or modify any restriction.

5. DWELLING COSTS, QUALITY AND SIZE

No single-family residential dwelling, exclusive of open porches and garages, shall not be less than 1,300 square feet for a single-family residential dwelling of not more than one-story and shall not be less than 1,000 square feet for a single-family residential dwelling of more than one-story with the combined area of the first and second floors not less than 1,300 square feet.



6747 1983
6. SETBACK REQUIREMENTS

All buildings shall comply with the setback requirements set forth on the plat of the subdivision of record in book 78, Page 203, of the Plat Records of Travis Country, Texas.

7. FENCES, WALLS, HEDGES

No exterior fences, walls and hedges may be erected, placed, or altered on any lot which extends beyond the front of the dwelling erected thereon toward the street on which the lot is situated until the plans and specifications showing the construction and location of such walls, fences or hedges are submitted to Woodhaven II Architectural Control Committee and approved as to design, materials, and height. No chain-link fences shall be permitted.

8. LOT AREA AND WIDTH

No lot may be resubdiivided without the specific approval of the Woodhaven II Architectural Control Committee.

9. EASEMENTS

Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plat of record in Volume ____, Page _____, of the Plat Records of Travis County, Texas. Within these easements, no structure, trees, vines, plants or any other thing shall be placed or permitted to remain which may in any way damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the 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.

10. NUISANCES

No noxious or offensive activities of any kind shall be permitted upon any lot, nor shall anything be done thereon which constitutes a nuisance or which may be or may become an annoyance to the neighborhood.

11. TEMPORARY STRUCTURES OR EMPLACEMENTS

No structure or emplacement of a temporary character, mobile home, trailer, derelict, junk or racing motor vehicle, or any motor vehicle without a current license tag, or any tent, shack , barn or other outbuildings which exceeds eight (8) feet in height or is in excess of eight feet in width and ten (10) feet in length, shall be erected, placed, driven onto, altered, or permitted to remain on any lot at any time, either temporarily or permanently, without the prior written consent of Woodhaven II Architectural Control Committee. No mobile home or preconstructed building of any kind may be moved upon any lot for any purpose, save and except that Woodhaven II Joint Venture or its successors or assigns, or duly authorized agents may utilize temporary structures for a sales office or construction office which may be moved onto a lot. This provision shall not apply to vehicles, equipment or temporary structures utilized by Gunn-Freeman-McDaniel, Inc., or Doyle Wilson Builders, Inc. their respective transferees or assigns, or contractors or subcontractors when engaged in construction or repair work, or work as may reasonably be necessary for the completion of the subdivision as a residential community and the disposition of lots by sale, lease, or otherwise.



6747 1984
12. TRUCKS, BUSES AND TRAILERS

No truck, bus, motor home or trailer shall be parked in the street in front of any lot except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity, and no truck, bus, boat, or trailer shall be parked on the driveway or any portion of the lot as to be visible from the street.

13. SIGNS AND SALES PROGRAM

No signs of any kind shall be displayed for public view on any lot excepting that one professional sign of not more than three square foot in size, one sign of not more than one hundred (100) square feet advertising the property for sale or rent, or signs of modest dimensions used by a builder to advertise the property during the construction and sale period may be permitted. The “for sale” sign on any new construction shall be as approved by Woodhaven II Architectural Control Committee.

14. OIL, GAS, MINERAL, MINING AND EXCAVATION OPERATIONS

No oil, gas, mineral, mining or excavation operations of any kind or character, no drilling or prospecting for oil, gas or other minerals, no oil, gas or other mineral development operations, refining, quarrying, or mining operations shall at any time be permitted upon any lot or other area within the subdivision. No oil wells, derricks or tanks, tunnels, mineral excavations or shafts designed for oil or gas production or exploration or for the mining of any other mineral shall ever be permitted upon any lot or any other area of the subdivision.

15. 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 small and domesticated household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.

16. STORAGE AND VEHICLE REPAIRS

If open carports are used, no unsightly storage shall be permitted therein that is visible from the roads. No boat, trucks or unsightly vehicles shall be stored or kept for the purpose of repair on any Lot, except in enclosed garages or storage facilities protected from the view of the public and other residents.

17. MAINTENANCE OF LOTS

The owner of each Lot shall keep grass, weeds and vegetation trimmed or cut so that the same shall remain in a neat and attractive condition. No fence, wall or shrub or other structure or planting which obstructs sight lines shall be permitted without the specific approval of the Architectural Control Committee.

18. GARBAGE AND REFUSE DISPOSAL

No lot shall be used or maintained as a dumping ground for rubbish , trash, garbage or other waste and the same 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.



6747 1985
19. MASONRY REQUIREMENTS

Single-family dwellings located on interior lots shall have a minimum of sixty per cent (60%) of their exterior walls of the first floor of stone or masonry construction. Single-family dwellings located on corner lots shall have a minimum of seventy-five per cent (75%) of the ground floor exterior walls facing streets of stone or masonry construction. In computing these percentages, (1) all gables shall be excluded from the total area of exterior walls; (2) all windows and door openings shall be excluded from the area of the exterior walls; and (3) stone and masonry used on fireplaces, chimneys and walls of an attached garage may be included in the computation as stone or masonry used. A substitute for the masonry requirements of certain select cedar, redwood, or other similar materials may be submitted to the Woodhaven II Architectural Control Committee for approval.

20. UTILITIES AND UNDERGROUND ELECTRIC SYSTEM

All buildings constructed on any lot shall be connected to the City of Austin utility services. An underground electric distribution system will be installed to serve all lots in the subdivision, provided, however, perimeter lots may be served by overhead electrical lines and in such event the owner of such perimeter lots so served shall provide for overhead connection. The owner of each lot shall, at his own cost and expense, furnish, install, own and maintain (all in accordance with the requirements of local governmental authorities and the national Electrical Code) an underground service cable and appurteneances (except as herein provided) from the meter installed upon the lot by the electric company to such point as may be designated by such company on the property line of such lot. The company furnishing electric service shall make the necessary connection at the property line and at the meter. Each owner shall also install, furnish, own and maintain at his own cost and expense a meter loop (in accordance with the then current standards and specifications of the electric company) for the residence constructed on the lot. For so long as underground service is maintained, the electric service to each lot shall be uniform in character and exclusively of the type known as single-phase 120/240 volt, 60 cycle, alternating current.

21. TERM

These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time these covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the owners of a majority of the lots within the subdivision has been recorded, agreeing to change such covenants in whole or in part.

22. ENFORCEMENT

Enforcement shall be by proceeding in law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. Reasonable attorney’s fees shall be allowed to any party prevailing in any action in any court of competent jurisdiction to enforce any of the provisions contained in this instrument.

23. RELEASE OF RESTRICTIONS

Notwithstanding any provision of this instrument to the contrary, the Woodhaven II Architectural Control Committee shall, with the written consent of the owners of not less than ninety percent (90%) of the lots in the subdivision, have the right to amend the restrictions set out in this instrument. Upon the recordation of such amended restrictions, reflecting the acceptance of the Woodhaven II Architectural Control Committee and the owners of not less than 90% of the lots in the subdivision, the restrictions set out of this agreement shall automatically and irrevocably terminate

6747 1986
and be of no further force and effect as to the property covered by the substitute restrictions.

WITNESS its hand at Austin, Texas, this __3rd______ day of _October___________, 1979.


GUNN-FREEMAN-MCDANIEL, INC.


By ______________________________________
William T. Gunn, III, President

THE STATE OF TEXAS, COUNTY OF TRAVIS 55:

BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM T. GUNN, III, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _3rd___ day of __October , 1979.


__Linda Pope______________________________
NOTARY PUBLIC IN AND FOR
TRAVIS COUNTY, TEXAS


NOTARY SEAL My Commission Expires: ____12 – 8 - 80_______






FILED
OCT 5 4:30 PM ‘79

David Sh…………….
County Clerk
Travis County, Texas

















6747 1987

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