Lakeway Estates Deed Restrictions
Now, therefore, know all men by these presents, that the undersigned, MATKS, LLC, being the owner of the property situated in the City of Weatherford, Parker County, Texas, as described in Exhibit “A” attached hereto and made part hereof, has caused such property to be platted into tracts as shown on the attached map and does hereby dedicate to the public for its use the streets and easements shown on said map.
RESERVATIONS, RESTRICTIONS AND COVENANTS
For the purpose of assuring the orderly and uniform development of the above described property to be known as Lakeway Estates, Blocks 1 through 9, and in order to carry out a general plan of development for the benefit of each and every purchaser of a tract or tracts in Lakeway Estates, Blocks 1 through 9; the following restrictions upon the use of the property are hereby established: And the land shown on the attached map is held and shall be conveyed subject to the reservations, restrictions, and covenants hereinafter set forth.
The word “tract” as used herein is intended to refer to the single piece or parcel of land as shown on the attached map. The word “plot” as used herein is intended to refer to a parcel of land consisting of a tract and a part of an adjoining tract or tracts of two contiguous parts of any two adjoining tracts into which any tract shown on the attached map may be divided pursuant to powers retained by the undersigned.
A “corner tract” or “corner plot” is one which abuts on more than one street.
The word “residence” as used herein, except in Section V, shall include porches, attached garages, and attached servant quarters, as well as breezeways and every integral part thereof, including, but not limited to, balconies, porte-cocheres, and architectural appurtenances such as cornices, bay windows and the like.
The word “out-buildings” as used herein shall include any building improvement located on a tract or plot not connected with the residence.
The word “street” as used herein shall include any street, drive, road, lane, or public way shown on the attached plat.
II. USE OF LAND
Only one single family residence and one incidental out-building shall be constructed or permitted on any tract or plot. No tract or plot and residence or out-building located thereon shall ever be used for other than a single family residence or purposes incidental thereto. No tract or plot shall ever be used for any purpose than residential unless otherwise indicated on the attached plat. No commercial activities or commercial breeding is allowed.
No houses, fences, and structures, or obstructions shall ever be allowed to be constructed upon the area as designated as 100-year flood plain or floodway on this plat filing. The natural course of water run-off and free movement of wild game are not to be obstructed in these designated areas and appurtenances or any provision for public safety. For unforeseeable or future unknown reasons the undersigned reserves the right to grant deviations or variances in these areas if the need arises. (Refer to Plat, Exhibit A, for these area designations.)
No garage or out-building on any tract or plot shall be used as a residence or living quarters, temporary or otherwise, except after the residence is completed and then only by the servants engaged on the premises, or by a bona-fide relative who makes his home with the owner of the tract or plot.
No residence shall ever be constructed for multi-family purposes.
III. CONSTRUCTION OF RESIDENCES, GARAGES, FENCES AND OUT-BUILDINGS
Residences: The exterior material of any residence shall be a minimum of seventy-five percent (75%) masonry or similar construction. Should a prospective buyer desire to erect a residence with an extensive amount of glass or wood exterior, the undersigned reserves the right to waive the 75% masonry rule. Examples of this nature include Victorian architecture but in no event will the undersigned allow log finish or dome type structures. Any prospective buyer so desiring a deviation from the 75% masonry rule must get permission of the undersigned developer organization or its successor entity or representative (the “undersigned”) in writing before commencing with any variation from the masonry rule.
Every residence erected on any tract or plot shall front on the street on which it is located unless the undersigned approves in writing a different frontage.
Every residence on a corner tract or plot shall front towards the main street or as designated by the undersigned and shall present a good appearance to both streets and the residence on either side.
Electric wiring shall be installed in good and workmanlike manner. All electrical work shall be performed by a competent workman that is properly licensed and trained by the then lawful and proper regulating authority.
Garages: Every garage shall be attached to the residence or to a breezeway or covered porch attached to the residence unless the prior written consent of the undersigned to different treatment is first obtained. No garage shall front the street; garages shall have side or rear entry only. Side or rear entry garages only will be allowed unless prior written consent is first obtained from the undersigned. In allowing any such a deviation the undersigned will consider tract and plot access and architectural design hardship cases only.
Out-buildings: Cooling towers and other mechanical units located in front of or at the side of the residence must be screened to the satisfaction of the undersigned so as not to be visible from the street or sidewalk. No used materials may be used on the exterior wall or in the construction of out-buildings. Only one out-building per tract or plot will be allowed.
Fences: No used materials may be used to construct fences. No barbed wire, no hog wire or chicken wire may be used to construct fences. In general only masonry, wood, picket, metal and chain-link fencing will be allowed.
Ornate or security fences will be allowed only when prior written consent of the undersigned allows for their construction or installation. Security fences will be considered by the undersigned and in some applications will be allowed. Before allowing a security fence, the undersigned will take into consideration the feasibility, design, craftsmanship, and suitability of the structure. The greatest consideration, in determining the site upon which it can be built, will be determining its effect and architectural appearance as it relates to adjacent or neighboring properties. The undersigned may require written permission of the adjoining or neighboring property owners. No fence, of any type or purpose, will ever be allowed to extend past the front of the dwelling of the property on which it is to be erected.
Roof: The roof of every structure and residence shall be a minimum of 240 pounds composition shingles, tile, metal or treated cedar. Single story structures shall have a minimum of 10/12 pitch unless prior written consent is obtained from the undersigned. Any deviation in materials for roofing requires prior written consent from the undersigned as well.
Subdividing: No existing tract or plot shall be subdivided.
Construction Term: Construction of any residence shall be completed within one (1) year from the date of the commencement of construction unless prior written consent is obtained for a deviation from the undersigned.
IV. APPROVAL OF PLANS
No residence, out-building, fence, wall or structure of any kind shall be commenced, erected or maintained, nor shall any addition thereto or change or alteration thereof be made on any part of the land shown on the attached plat until plans, specifications, design, plot plans, and land grading plans have been submitted to the undersigned, and they, as well as the site upon which all buildings, improvements or structures of any kind are to be constructed, have been approved by the undersigned in writing. In passing upon such plans and specifications, the undersigned may take into consideration, among other things, the suitability of the proposed building or structure, the materials from which it is to be built, the site upon which it is to be erected and the effect of the building on other structures as planned on the adjacent or neighboring properties. A copy of all such plans, specifications and other written information required by the undersigned shall be left with the undersigned after the same have been approved.
V. REQUIRED SIZE OF RESIDENCE
Any residence erected shall have a minimum floor area of not less than two thousand (2,000) square feet. The undersigned reserves the right to grant a 10% variance.
“Floor area”, as that term is used above, is meant to be the floor area of the residence only.
“Residence” as that term is used in this section does not include the floor area of the out-building, servant quarters, garages and similar buildings attached to the main dwelling, nor does it include the floor area of porches, attached or unattached, enclosed or unenclosed, basements or attics.
No residence or building of any character may be moved from a location outside the area covered by this dedication to any tract or plot included in these restrictions.
VI. SET BACK FROM STREET LINE AND SIDE LINE
Except as hereinafter set forth, no residence, structure, improvements, fence, wall, hedge or obstruction of any character shall be erected, planted, maintained or permitted to remain on any tract or plot nearer to an adjoining street or streets than the building line shown on the attached plat. No out-building shall be nearer to an adjoining street or streets than the out-building line shown on the attached plat. No residence, out-building or structure shall be located nearer to a side lot line than the minimum specified by City Ordinance.
The undersigned reserves the right to change in writing any building line shown on the attached plat or the set-back from the side lines hereinabove set forth of any tract or plot so long as the undersigned holds legal title to such tract or plot, and otherwise reserves the right to make such changes with the consent of the owner of the property involved even after it has parted with title to such property. In no event shall such building lines be changed as to bring them nearer to the streets nor shall the set-back distance from any tract or plot be decreased by more than five feet (5’) without the prior written consent of the undersigned.
Sanitary wastewater lines will be extended to each lot or parcel in this dedication.
VIII. EASEMENTS RESERVED
Subject to any rights of incorporated communities as granted by the State of Texas, the undersigned reserves an easement on, over, and under the property, as designated on the attached plat by the term “easement,” for the purpose of constructing and maintaining, or permitting the construction and maintenance of, pipelines, conduits, telephone, telegraph and electric light poles and such other equipment necessary to the supply of any public utility service. Fences, walls and hedges, but no building or structure of any other character, may be erected or maintained on the easements shown on the plat attached hereto, provided that (1) such fences, walls and hedges do not interfere in any way with the use of such easements by public utilities then utilizing or thereinafter wishing to utilize the same; (2) the right of the owners of such fences, walls and hedges shall be subordinate to the rights of such public utilities; and (3) such public utilities may at any time without liability to the owner remove any such fence, wall or hedge where the removal of the same is incidental to the performance of public service operations. The undersigned shall have the right to vacate the easement appurtenant to any tract or plot provided such vacation shall not prevent access by utilities then occupying any such easement to any tract or plot shown on said plat.
The construction or maintenance of billboards, poster boards or advertising structures of any kind on any part of any tract or plot is prohibited except that signs not exceeding nine square feet in size advertising the property shown on said map for sale are permitted.
The raising and keeping of any livestock, sheep, or goats of whatever character other than normal house pets such as dogs and cats are prohibited. Poultry are specifically prohibited. Swine are specifically prohibited. No commercial breeding of any animals or pets shall be allowed.
A maximum of four (4) dogs per household or plot will be allowed in this plat filing so long as this does not exceed any City Ordinance specifying a smaller number. All dogs must be confined by fence or leash by the plot owner. Any individuals or owners desiring to walk or exercise their dogs within the plat filing must do so with the dog or dogs confined to and controlled with a leash by the owners or other responsible individuals at all times when outside. No kennels are allowed.
Vehicles and Parking
No trailers, cars, house-trailers or other moveable structure shall ever be parked or placed, temporarily or otherwise, on any tract or plot for use as a residence, servants house or out-building.
There will be no “on street” parking allowed in this dedication, temporarily or otherwise. All cars, trailers, and other vehicles must be parked in appropriate driveway or garage parking accommodations off-street. No cars or other vehicles in non-working condition may be stored or parked on the lawn or grass within sight of the street.
Recreational vehicles will be allowed, however the owner of such vehicle must provide storage to the rear of the residence.
No commercial vehicles over one (1) ton G.V.W. (gross vehicle weight) will be allowed to be parked or be stored on any platted tract or plot within the sub-division.
General Appearance and Maintenance
After the completion of the streets by the undersigned, all lots must be kept mowed and clear of grass and underbrush.
Indiscriminate tree cutting shall not be permitted.
Fires must be contained, enclosed, carefully supervised, and conducted in accordance with the applicable city code. Tracts and plots must be kept clean and free of trash, garbage and debris at all times. All trash cans, gasoline tanks and tanks for the storage of oil or other fluids, shall be screened so as not to be visible from the street or sidewalk or annoying or unsightly to adjoining owners.
Prohibited Activities and Uses
No lot may be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All incinerators or other equipment for storage or disposal of such material shall be kept in clean and sanitary condition.
No old cars, junk, structures of temporary character, or house-trailers shall ever be permitted or placed temporarily or otherwise on any tract or plot located in this sub-division.
No person, persons, firm or corporation shall at any time use the property herein conveyed for the purpose of mining rock, gravel, sand or dirt or drilling for oil, gas or other minerals. There will be no hunting, gaming or use of firearms of any nature allowed on this plat filing.
No tank for storage of oil or other fluids other than water, butane or propane may be constructed or maintained on any tract or plot above the surface thereof.
No obnoxious or offensive activity shall be carried on any tract or plot above the surface thereof.
No radio, television towers, aerial wires, wind generators, or wind towers or turbines, etc., shall be maintained or constructed over any part of any tract or plot occupied or unoccupied by a structure and all such radio or television towers or aerial wires must be approved in writing by the undersigned prior to construction.
Commercial business activities shall only be constructed on lots or plots designated on the plat as commercial acres.
The undersigned may include additional restrictions, other than those set out herein, in any contract or deed to any tracts or plot without otherwise modifying the general plan above outlined, and such other restrictions shall inure to the benefit of and find the respective parties in the same manner as though they have been expressed herein.
The restrictions herein set out shall be referred to, approved, and made a part of each and every contract and deed executed by and on the behalf of the undersigned conveying said property.
All of the restrictions, covenants, resolutions, as well as those appearing in any contract, deed or other conveyance to or covering any part of this property, shall be construed together. If any one of the same shall be held to be invalid or for any reason is not enforced, none of the other shall be affected or impaired thereby but shall remain in full force and effect.
In the event of any dispute over the proper interpretation of any of the provisions of this dedication, the determination of the undersigned shall be final and binding on all interested persons.
The undersigned herein reserves the right from time to time as he may see fit to amend, dedicate or otherwise to re-divide and re-plat any property shown on the plat not heretofore sold by him, or that may have been re-acquired by him and the right is reserved to change the location of streets prior to the time the same shall actually be opened for the public use or by public utilities with permission, however, of the city body, but without consent of any person owning any of the property described hereinabove, provided, however, that no change shall operate to deprive any then owner of property in said addition of reasonable access to his property.
XI. RIGHT TO ENFORCE
The restrictions herein set forth are imposed upon each tract and plot of land for the benefit of each and every other tract and plot and shall constitute covenants running with the land and shall inure to the benefit of and be binding on the undersigned, its successors and assigns. All persons acquiring any of the land covered by these restrictions shall be taken to agree and covenant to conform to and observe all such restrictions as to the use of said land. No restrictions or covenants herein set forth shall be binding on any corporation, person or persons except in respect to breaches committed during the time such corporation or person owns or had an interest in said land or part hereof. The undersigned, its successors and assigns and the owner or owners of any part of such land or any interest therein acting jointly or separately, shall have the right to sue for and obtain an injunction preventing the breach of, or to enforce the observance of, the restrictions and covenants above set forth in addition to the ordinary legal action for damages; and the failure of any one or all of such persons to enforce any of the restrictions of covenants herein set forth at the time of its violation shall in no event be deemed to be a waiver of the right to do so at anytime thereafter; nor shall the failure to enforce such restrictions as to any one or more owners thereof, be deemed a waiver of or give rise to any cause of action against him by any other person.
XII. RIGHT TO ASSIGN
The undersigned may assign or convey by appropriate instrument to any person, corporation or entity any or all of the rights, reservations, easements and privileges herein reserved by him or in any deed or written instrument herein authorized. Whereupon such person, corporation or entity shall succeed to the assignor’s rights and be bound by its obligations and in like manner and upon the same conditions, such assignee or any subsequent assignee may assign the same. At such time as the undersigned no longer owns any parcels, lots or tracts and no longer has an interest in any of the total number of tracts and plots covered by these restrictions, all of the rights, reservations and privileges herein reserved by the undersigned by the virtue of this instrument automatically shall be assigned and conveyed and shall vest in the owners of all tracts and plots covered by these restrictions on a one tract or plot one vote basis, and thereafter all such rights, reservations and privileges shall be exercised by a majority vote of such owners on a one tract or plot, one vote basis. The vesting of these rights, reservations and privileges shall be covenants running with each tract or plot thereafter. It is further provided that after such automatic transfer and assignment of these rights, reservations and privileges that a majority of the owners, voting on a one tract or plot one vote basis, may at their option, delegate these rights, reservations and privileges to a three (3) member committee which can carry out the function of exercising such rights, reservations and privileges.
All of the restrictions and covenants herein set forth shall continue and be binding upon the undersigned, its successors, assigns, and all parties claiming through or under it for a period of twenty five (25) years from the date this instrument is filed for record in the offices of the County Clerk of Parker County, Texas, and shall automatically be extended thereafter for successive periods of fifteen (15) years each; provided, however, that at any time within five (5) years prior to the expiration of the first twenty five (25) years period or within five (5) years prior to the expiration of any fifteen (15) year period thereafter, the owners of the legal title to the tracts or plots having at the time more than 50% of the area shown in the plat attached hereto and covered by this dedication may provide for the release of any or all of the tracts or plots herby restricted, from any one or more of said restrictions and covenants at the end of any successive fifteen (15) year period, by executing and acknowledging a proper agreement in writing for such purpose and filing the same for record in the manner as then required for the recording of land instruments.
WHEREAS, by instrument dated July, 2009, recorded in Volume 2736, Page 1127 of the Real Records of Parker County, Texas, MATKS, LLC, acting through its Managing General Partner, Tony Aaron, created and imposed certain restrictions on LAKEWAY ESTATES:
Lots 1-36, Block 1; Lots 1-5, Block 2; Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; Lots 1-3, Block 5; Lots 1-6, Block 6; Lots 1-8-, Block 7, Lots 1 and 2, Block 8 and Lots 1-3, Block 9, Lakeway Estates, an addition to the City of Weatherford, Parker County, Texas, according to Plat Cabinet D, Slide 17, Plat Records, Parker County, Texas. Exhibit “A”.
WHEREAS, the said LAKEWAY ESTATES, acting by and through Tony Aaron, Managing Partner of Owner, MATKS, LLC, provided there-in the right to “amend, dedicate or otherwise” amend same.
WHEREAS, LAKEWAY ESTATES, acting by and through Tony Aaron, Managing Part of Owner, MATKS, LLC, desires to amend and supplement same and DOES HEREBY AMEND AND SUPPLEMENT SAME to read as follows to include Lakeway Residential, LLC properties by and through Tony Aaron, Managing Part of Owner, Lakeway Residential, LLC:
WHEREAS, the following lots are being added to Lakeway Estates, as Lakeway Estates Phase II, and are subject to, the Deed Restrictions of Lakeway Estates, as follows: Lot 4-24, Block 7; Lots 3-9, Block 8; Lots 4-25, Block 9; Lots 1-11, Block 1 Lakeway Estates Phase II, an addition to the City of Weatherford, Parker County, Texas, according to Plat Cabinet __, Slide ___, Plat Records, Parker County, Texas. Exhibit “B”.
WHEREAS, Lakeway Residential, LLC properties Block 9, Lot 16 North property line, Block 9, Lot 17 East property line, Block 9, Lot 11 West property line shall not be allowed to construct stockade fencing along said property lines.
WHEREAS, a portion of Article III states:
“No garage shall front the street; garages shall have side or rear entry only. Side or rear entry garages only will be allowed unless prior written consent is first obtained from the undersigned. In allowing any such deviation the undersigned will consider tract and plot access and architectural design hardships only.”
WHEREAS, LAKEWAY ESTATES, acting by and through Tony Aaron, Managing Partner of Owner, MATKS, LLC and Lakeway Residential, LLC, desires to amend and supplement same and DOES HEREBY AMEND AND SUPPLEMENT SAME to read as follows:
“There may be a 1 car front entry garage IF there is a 2 car side entry garage. There may be 2 car front entry garages at the sole discretion of the undersigned if the tract or plot poses a hardship.”
WHEREAS, a portion of Article VI states:
“The undersigned reserves the right to change in writing any building line shown on the attached plat or the set-back from the side lines hereinabove set forth of any tract or plot so long as the undersigned holds legal title to such tract or plot, and otherwise reserves the right to make such changes with the consent of the owner of the property involved even after it has parted with title to such property. In no event shall such building lines be changed as to bring then nearer to the streets nor shall the set-back distance from any tract or plot be decreased by more than five feet (5’) without the prior written consent of the undersigned.”
WHEREAS, LAKEWAY ESTATES, acting by and through Tony Aaron, Managing Part of Owner, MATKS, LLC and Lakeway Residential, LLC, desires to amend and supplement same and DOES HEREBY AMEND AND SUPPLEMENT SAME to read as follows:
“In Lakeway Estates, Phase II, the Front set-back and building line shall be twenty feet (20’).”
Lots 4-10, Block 9, Fronting West Lake Drive shall have no direct access to West Lake drive. These Lots shall have a twenty-five foot (25’) rear building line setback along West Lake Drive. Lots 4-6, Block 10, shall have no direct access to Marina Link and will have a fifty foot (50’) rear building line along Marina Link.
Homes Constructed on Lots 1,4,5,6,10, & 11, Block 10 on China Berry Court shall face China Berry Court.