5. That no
structure of any kind (including hunting blinds and/or deer
feeders) shall be permitted within 300 feet of any public road,
200 feet of any private roadway easement or 100 feet of any
property line.
6. No noxious or
offensive activity shall be carried on upon any tract nor shall
anything be done thereon which may be or become an annoyance or
nuisance to any adjoining tract. No tract shall be maintained or
utilized in such a manner as to violate any applicable statute,
ordinance or regulation of the United States of America, the
State of Texas, the County of Terrell, if applicable, or any
other governmental agency having jurisdiction thereof.
7. Not more than
one residence shall be permitted on any tract. No communal
residences shall be permitted.
8. That no
commercial swine operation shall be permitted.
9. PURCHASER
agrees not to impede the flow of water in existing water lines
that cross his property and grants ingress and egress to persons
who need to maintain such water lines.
10. That no tract
may be subdivided without the express written consent of the
SELLER. This restriction will not prevent the Texas Veteran's
Land Board (TVLB) from deeding a tract to a veteran for the
purpose of a home site.
11. PURCHASER
hereby authorizes SELLER and/or Assigns to charge each property
owner a maintenance fee of $.50 per acre, per year, not to
exceed $150.00 to improve and maintain the highway entrances,
roads, wells, water lines, storage tanks and any other
maintenance deemed necessary by the Property Owners Association
in the Sierra Vista Ranch Subdivision.. Those tracts of land
which front exclusively on a state or county maintained road
will be charged a maintenance fee of $.25 per acre, per year,
not to exceed $75.00. Such charge shall not be assessed against
SELLER and/or Assigns. Such charge shall be made by direct
billing to the property owner. If PURCHASER refuses to make said
payments, PURCHASER hereby authorizes SELLER, at SELLER's
option, to deduct such charge from payments made by PURCHASER,
and any such charge so deducted will not be credited to the
payment on the balance due on the purchase price, principal or
interest. It is understood and agreed that this maintenance
charge (if not paid within 60 days of billing date) shall become
a lien against the tract being conveyed, permitting SELLER
and/or Assigns such rights to enforce said liens as may be set
forth in Sec. 51.002 of the Texas Property Code, as amended time
to time.
12. That at such
time as Seller may determine at his sole discretion, the Seller
shall have the authority but not the obligation to notify each
tract owner of the time, date, and a place of a meeting of all
tract owners to be held for the purpose of organizing a Property
Owner's Association. A majority of the votes of the tract owners
in attendance at such meetings or by written proxy shall be
sufficient to transact business at such meeting. Each tract
owner, including Seller, attending or represented by written
proxy at such meetings shall have one vote for each tract owned
by such owner on all business to come before the meeting. Upon
the creation and organization of such organization, as
non-profit corporation, or otherwise, Seller shall transfer and
assign to the association the current balance of the maintenance
fee collected, if any. Thereafter such association shall have
the power, authority and obligation to maintain the roadways of
the development and collect the maintenance assessment. All such
assessments upon any tract in the development shall become the
personal obligation of the owners of such tract and such
association is hereby granted a lien upon each lot to secure the
payments of such assessments, permitting said association such
rights to enforce said liens as may be set forth in Sec. 51.002
of the Texas Property Code, as amended time to time.
13. No deviation
of any kind shall be permitted from these restrictions unless
permission is granted in writing by the Seller.
