GOLDEN GLEN
BAY CITY, TEXAS
ZONING RESTRICTIONS
OCCUPANCY
1. Each lot shall be occupied and used only by the owner for single family residence purposes for the owner and his family. However, if the owner does not occupy the residential unit the residential unit may be leased or rented in its entirety as a single residence to one family or person.
SINGLE FAMILY RESIDENTIAL CONSTRUCTION REQUIREMENTS
1. The terms "residence purposes" as used herein shall be held and construed to exclude commercial and professional uses, whether carried on apart from, or within a single family residence constructed on any lot, and any such usage of this property is hereby expressly prohibited.
2. Square footage requirements.
The main structure of any single story residence constructed on any lot shall have a ground floor living area of not less than fourteen hundred (1400) square feet, exclusive of open or screened porches, terraces, patios, driveways, carports and garages.
The main structure of any story and half residence must have a ground floor living area of at least thirteen hundred (1,300) square feet and an upper floor area of not less than three hundred (300) square feet, exclusive of open or screened porches, terraces, patios, patios, driveways, carports and garages.
The main structure of any two story residence constructed on any lot shall have a combined first and second story living area of not less than eighteen hundred (1800) square feet, exclusive of open or screened porches, terraces, patios, driveways, carports and garages.
These minimum living areas restrictions shall not be construed to prevent the construction of a single family dwelling, which contains the required minimum living area partly on one lot and partly on another lot, provided that the other restrictions or requirements herein are met.
Furthermore, a driveway of at least sixteen (16) feet wide or containing at least seven hundred (700) square feet shall be constructed on every lot on which a residence is constructed. Each residential dwelling must have an attached, or detached, garage which shall adequately house a minimum of two automobiles. All driveways shall be constructed of concrete from the garage to the point where it connects with the street.
3. Masonary requirements. The exterior walls and the ground floor of any dwellings constructed on said lots shall consist of not less than seventy percent (70%) masonry construction (brick, brick veneer, stone, stone veneer, concrete, stucco or other type of masonry). However, the exterior walls of a detached garage need not be considered in determing whether the restrictions concerning masonry construction have been met.
4. All residences must be provided with sewer and water facilities meeting the requirements of the state health department of the state of Texas.
5. Sidewalks - Before the construction of any residence is completed, the owner shall cause a four foot sidewalk located four feet from the curb to be constructed in accordance with requirements of the city of Bay City. The sidewalk shall extend the full width of the lot. On corner lots the sidewalk shall extend the full width and depth of the lot and up to the street curb at the corner.
6. An underground electrical distribution system will be installed within the restricted properties. The owner of each lot shall, at his own cost, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the national electric code) the underground service cable and appurtenances from the point of electric company's metering at the structure to the point of attachment at such company's metering at the structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point designated by such company at the property line of each lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition, the owner of each lot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such owner's lot. For so long as underground service is maintained, the electric service to each lot therein shall be underground, uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current.
ARCHITECTUAL CONTROL COMMITTEE
1. Adjoining lots. Any owner of one or more adjoining lots (or portion thereof) may consolidate such lots or portions into one single-family residence building site. Any such proposed composite building site(s) must be approved by the Architectural Control Committee (ACC) which is the Managing Members of Noble Building and Development, LLC.
2. Plan approval. No building or improvements shall be erected, placed or altered on any lot until the construction plans and specifications and a plot plan showing the location of the structure have been approved in writing as to quality of materials, as to structural soundness, as to harmony of exterior design and color with existing structures. as to location with respect to topography and finished ground elevation, and as to compliance with minimum construction standards by the ACC. A copy of the construction plans and specifications and a plot plan, together with such other information as may be deemed pertinent, shall be submitted to the architectural control committee, or its designated representative, not less than thirty (30) days prior to the proposed date for the commencement of construction. The ACC may require the submission of such other documents as it deems appropriate, in such form and detail as it may elect in its entire discretion.
In the event said ACC or its designated representatives fail to approve or disapprove such design and location within thirty (30) days aftersaid plans and specifications have been submitted to it, or in the event the person seeking to build cannot locate any member of the committee after making a bona fide effort to do so and shall file an affidavit with the county clerk of Matagorda County, Texas stating what effort had been made to locate committee members, or in any event, if no suit to enjoin the erection of such building or 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.
The ACC shall consist of no less than two (2) persons designed by the Bay City Properties Investment, managing partners. The initial members of the committee are Tim Davenport, Lake Jackson, Texas and John Weaver, Lake Jackson, Texas,
The ACC may, from time, promulgate an outline of minimum acceptable constructuion standards; provided, however, that such outline will serve as a minimum guideline and such architectural control committee shall not be bound thereby.
The ACC, at its sole discretion, is hereby permitted to approve deviations in the restrictions set forth herein in instances where, in its or their sole judgments, such deviation will result in a more common beneficial use. Such approvals must be granted in writing.
ACC as well as their agents, employees and representatives, shall not be liable to any owner or any other party for any loss, claim or demand on account of their administration of these restrictions and performance of their duties hereunder, or any failure or defect in such administration and performance. No approval of plans and specifications or standards will, if followed, result in a properly designed residence. Such approvals and standards shall in no event be construed as representing or guaranteeing that any residence will be built in a good, workmanlike manner. The acceptance of a deed to a residential lot in the subdivision shall be deemed a covenant and agreement on the part of the grantee, and grantee's heirs, successors and assigns, that ACC, as well as their agents, employees and representatives, shall have no liability under these restrictions except for willful misdeeds.
MAINTENANCE, APPEARANCE, ANIMALS, ACTIVITIES AND OTHER ENCUMBRANCES
1. All lots must at all times be maintained in a safe, neat, orderly and attractive manner. All fences must be kept in good condition, replacing any deteriorated lumber and keeping all painted surfaces painted, lots shall be landscaped, trimmed and mowed regularly. There shall be no garbage, rubbish or trash anywhere on the lot other than in sanitary containers. All yard equipment, woodpiles or storage piles shall be kept screened from view of any other lots, streets or other property in the subdivision. The exterior appearance of all lots and improvements must maintain a harmony of external design and location in relation to surrounding structures and topography.
In the event of default on the part of the owner of any lot in observing the above requirements or any of them, such default continuing after thirty (30) days' written notice thereof, any lot owner may bring an action to enforce this restriction, and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions, so as to place said lot in a neat, attractive, healthful, safe and sanitary condition, all at the cost and expense of the offending lot owner.
2. No animals, livestock or poultry of any kind shall be raised, bred or kept on a lot except that dogs, cats or other household pets may be kept provided that they shall not become a nuisance and are not kept, bred, or maintained for any commercial purposes.
3. No noxious or offensive activity shall be carried on upon a lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the other owners.
4. No inoperative motor vehicles or equipment (including, but not limited to, those being repaired, dismantled or assembled) shall be parked or stored in front of any residence, or in any street parking area, or yard adjacent to a street for more than seventy-two (72) hours.
5. No trailers, boats, recreational vehicles, campers, or buses, equipment or machinery, shall be stored permanently or semi-permanently (which shall be construed to mean not to exceed forty-eight (48) hours) parked on the street, except that during construction of improvements on a lot necessary construction vehicles or equipment may be parked or stored.
6. No trailers, boats, recreational vehicles, campers, commercial vehicles greater than one ton, equipment or machinery shall be parked in the drive way or in between the front of the house and / or garage and the street for longer than 48 hours. They may be parked along the side of the house or garage as long as they are concealed from the street by a fence.
7. No structures of a temporary character, trailer, mobile home, modular home, tent shack, barn, servants' quarters or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently. Nor shall any of the aforesaid be moved onto any lot. During the construction period of the initial dwelling unit, the builder may erect and maintain such structures as are customary in connection with such construction including but not limited to, storage area, construction yard and signs. No building materials of any kind or character shall be placed or stored upon the property until the owner is ready to commence improvements and then such material shall be placed within the property lines of the lot or lots upon which the improvements are to be erected and shall not be placed in the streets or between the curb and property line.
8. No signs, billboards, posters, or advertising devices of any character shall be erected on this property (except for a sign no more than five (5) square feet, advertising the property for sale), without the written consent of the ACC, and such consent shall be revocable at any time. During the construction of a residence, the builder may use signs displaying his company name and any lender providing construction financing may erect signs displaying its name. The architectural control committee shall have the right to cause any non conforming sign, billboard, poster or advertising device to be removed at the expense of the offending lot owner.
9. No privy, cesspool, septic tank, disposal plant or sewage treatment system shall be erected or maintained on any part of this property.
10. No lot shall be used or maintained as dumping ground for rubbish. Trash, garbage or other waste shall be kept screened by adequate planting or fencing so as to conceal them for public view. All containers or other equipment for the storage or disposal of garbage and rubbish shall be kept covered and in clean and sanitary condition.
11. No spirituous, vinous, or malt liquors or medicated bitters capable of producing intoxication shall ever be sold or offered for sale on the restricted properties. Manufacturing shall be for personal use only.
12. Violations of any restrictions, conditions or covenants herein shall give any lot owner the right to bring an action at law, or in equity, for enforcement thereof, with all expenses, including attorneys' fees and court costs to be paid by the violation of such restriction, condition or covenant. Before bringing any such action such lot owner must give written notice by certified mail, return receipt requested, or by hand delivering same, to the offending lot owner stating the violation and if such violation is not cured within thirty (30) days after it is received, an action may be commenced. The notice is deemed received on the date of actual receipt, or five (5) days after it is deposited in the United States mail, certified mail, return receipt requested, addressed to the lot owner at the street address of the lot.
COVENANTS, RESTRICTIONS AND GENERAL PROVISIONS
1. ACC shall have and hereby reserves the right at any time and from time to time, without joinder or consent of any owner or other person or entity, to amend this declaration by an instrument in writing duly signed, acknowledged and filed for record, for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing in this declaration, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this declaration and shall not impair or affect the vested property or other rights of any owner or his or her mortgagee.
2. The restrictions, covenants and conditions provided for herein shall remain and continue to be in force and effect for twenty-five (25) years from the date of signing but may at any time prior thereto be changed, altered or amended by the owners of a majority of the lots (each lot being entitled to one vote), by the execution by them of an instrument providing for an alternation, change or amendment of same in such way as is desired by such persons and the recording of such instrument in the deed records of Matagorda County, Texas. Said restrictions, covenants and conditions are and shall remain and continue in full force and effect for successive periods of ten (10) years each from and after the initial twenty-five (25) years period, and then the expiration date of each said ten (10) years period, if not revoked prior to said expiration date by written instrument executed by the owners of a majority of the lots and recorded in the deed records of Matagorda County, Texas, prior to the expiration date.
3. If any of the covenants, conditions, restrictions or changes contained herein are held to be invalid or, if for any reason, not in force, none of the others shall be affected or impaired thereby but shall remain in full force and effect.
4. There is hereby created a blanket easement upon, across, over and under all of said property for ingress and egress, installation, replacing, repairing and maintaining all utilities including but not limited to water, sewer, gas, telephone, an electricity. An easement is further granted to all police, fire protection, ambulance, garbage and trash collector pick up vehicles and all similar persons to enter upon the parking areas in the performance of their duties. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document. ACC shall have the right to grant such easement on said property without conflicting with the terms hereof. The easements provided for in this article shall in no way affect any other recorded easement on said premises.
