Lake Livingston Airpark Estates Restrictions

1. If any Owner or Owners or other occupiers of any tract in the subdivision, or any of them, or their respective heirs, successors or assigns, shall violate, or attempt to violate, any of the covenants herein contained, it shall be lawful for the undersigned Declarant, its successors or assigns, to enter upon and abate such violation, without liability therefore, or Declarant, or its successors or assigns, and /or any other person or persons owning or have any beneficial interest in any real property situated in said subdivision, shall have the right to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate, such restrictions and/or covenants, and either to prevent him or them from so doing, or to cause to be removed, such violation, or to recover damages for such violation.

2. The violation of any restriction or covenant herein shall not operate to invalidate any mortgage, deed of trust, or other security instruments, or any part thereof, but such liens may be enforced against any and all property covered thereby, subject nevertheless to the restrictions herein.

3. As used herein, the term “Residential Structure or Building” shall mean either a Mobile Home, House Trailer or Constructed Permanent Home, and the term “Commercial Building” shall mean a structure built on any commercial tract located in the subdivision. Such term shall not included any “out-buildings” or storage buildings” used in connection with any business located on any commercial. Tract.

4. As used herein, the term “hangar” shall mean any structure or building used for the maintenance, storage or protection of airplanes.

5. The term “commercial, industrial or residential purpose” shall include the parking, storing, maintaining or taxing of aircraft.

6. No Residential Building, Commercial Building, or Hangar shall be erected, placed or altered on any tract in this subdivision until the location of such building or hanger has been approved in writing as to conformity and harmony of external design with respect to the topography and finished ground elevation by the architectural committee, or by a representative designated by a majority of the members of said committee. In the event of the death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it. In the event said committee fails to approve or disapprove such plans within such time period, then such approval will not be required and this covenant shall be deemed to have been fully complied with. Neither the members of such Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant.

7. No residential structure or building shall be placed on any residential tract unless its living area has a minimum of 900 square feet of living area exclusive of porches or garages. Any Commercial Building must contain a minimum of 1000 square feet of floor space under roof.

8. Except for any existing Mobile Home or House Trailer, which is presently attached to any property in the subdivision as of the 7th day of May, 1993, no Mobile Home or House Trailer shall be placed on any residential or commercial tract in the subdivision.

9. All buildings, structures, residences or hangers shall be located no nearer than thirty (30) feet from any platted road shown on the plat of said subdivision. No Building, structure, residence or hangar shall be located nearer than five feet (5’) to any side or back boundary line.

10. Any set-back line may be relaxed by the decision of the Architectural Committee if the above prescribed distances are not feasible, considering the terrain and topography of the lot, or for any other reason which the Architectural Committee deems fair and reasonable under the existing circumstances.

11. No Mobile Home, House Trailer, tent, shack, garage, barn or other buildings, outbuilding or structure of a temporary character shall at any time be attached to any property in the subdivision, or be used as a residence, temporarily or permanently nor shall any structure ever be moved onto, or permitted to remain on, any tract except during the construction of a permanent hangar, residence or commercial buildings. No trucks or equipment used for construction purposes may be parked or stored on a residential tract or the street adjoining it except during the actual construction of a residence or hangar on that tract. Motor homes and Travel trailers are allowed for camping on weekend, holiday and vacation periods, any of which such periods o time shall never contain more than thirty (30) consecutive days.

12. No residential or commercial building, structure, mobile home, house trailer or hangar shall be erected, placed or altered on any tract in said subdivision unt8il the buildings plans, specifications and the plot plan showing the location of such building, structure, mobile home house trailer or hangar have been approved in writing as to the conformity and harmony of external design with existing structures in said subdivision, and as to their location with respect to topography and finished ground elevation, by the Architectural Committee herein provided for. Structures, as that term is used herein, shall be held to include all outside outbuildings, fences, walls, playground equipment and any and all other improvements. Under no circumstances shall any dams or other similar structures be placed across or so as to obstruct any stream, gully, creek or watershed, running through the subdivision.

13. No residential or commercial buildings, structure or hangar consisting of wood frame construction shall be erected any tract unless same shall at the time of its construction received at least one coat of quality grade paint.
14. All residential and commercial buildings, residences or hangars shall be completed within six (6) months from the date of the beginning of its construction, unless such period is extended in writing by the Architectural Committee.

15. Tracts One (1) and Fifty-Four (54) fronting on F.M. Highway 350, and tracts Thirty-nine (39), Forty (40), Forty-two (42), Forty-three (43) and Forty-Four (44) which front on the taxiway, may be used for commercial, industrial or residential purposes.

16. No residential or commercial building, structure, or hangar shall be erected or placed on any parcel less than one full tract and no tract shall be subdivided, or a portion thereof conveyed, except as between the respective owners of full tracts contiguous thereto; and any such attempt to otherwise subdivide ownership of a tract shall be absolutely null and void.

17. All residences, whether commercial or residential, hangars and other building or structures must be kept in good repair and condition, and must be painted and or otherwise maintained when necessary to preserve the attractiveness thereof.

18. No tract, other than the tracts fronting on FM highway 350 or the taxiway described above, shall be used except for residential purposes. The term “Residential Purposes” as used herein, shall be held and construed to excluded hospitals, clinics, duplex houses, apartment houses, boarding houses, hotels and all other commercial uses, and all such uses of said property are hereby expressly prohibited, unless otherwise stated or allowed herein. No building shall be erected, altered, placed or permitted to remain on any residential tract other than a one detached single family dwelling, a hanger and or private garage for not more than three (3) cars.

19. As heretofore provided, Declarant, its successors or assigns, specifically reserves the right to waive and/or amend any portion of these restrictions, or any part thereof, and Delcarant, its successors or assigns, may by written instrument filed in the Official Records of Polk County, Texas, rededicate, amend, waive or adopt new restrictive covenants, or make any other provisions for such development as Declarant, or its successors or assigns, deems appropriate and reasonable, without the requirement of notice to, or the consent of, any other owner of a tract, tracts or other property located in the subdivision.

20. In the event any owner of a tract or tracts located in the subdivision, due to construction activities carried on by such owner, or such owner’s contractors, subcontractors, agents, employees or assigns, causes substantial damage to any road, street, utility lines or easements or any other portion of the subdivision, than such lot owner causing such damage shall be liable or Declarant, its successors or assigns, for the repayment of such damage. However, such liability on the part of such tract owner shall not operate to exclude any contractor, subcontractor, agent, employee or assignee from any liability for such damage.

21. No outside privies or toilets shall be permitted in this subdivision. All toilets shall be inside the houses, buildings or hangars and prior to its occupancy, the same shall be connected to a central sewage disposal system if there is one in existence at such time to serve the subdivision, but if no central sewage disposal system is in existence at such time, then all such toilets shall be connected to a holding tank or septic tank at the expense of the person buildings on the tract, and such septic tank shall have a sufficient field line, and any holding tank or septic tank and field lines shall be constructed and maintained in accordance with the requirements of the Texas Department of Health, or any other state or federal agency or governmental authority having jurisdiction of such matters, and shall be subject to the inspection and approval of such authority, provided however, that if a central sewage treatment plant and disposal system shall be established to serve this subdivision, whether publicly owned or privately owned or operated, than all of the tract owners and or occupants to whom such sewage disposal service is available shall connect their premises thereto for sewage disposal, paying the established rates and all connection fees or charges therefor, at their expense, and from and after the time such sewage disposal service becomes available to any tract, no septic tank, whether therefore or thereafter built or installed, shall be used in connection with any such tract.

22. The drainage of sewage into a road, street, alley, ditch or any waterway, either directly or indirectly, or the seepage from or overflow of any septic tank or holding tank, onto the surface of any lot or tract covered hereby is prohibited. However, this provision shall not apply to the discharge of effluent from a sewage treatment plant serving this subdivision.

23. No tract shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other wastes. Garbage and waste material shall not be kept except in sanitary containers. Incinerators or other equipment for the disposal of such waste materials shall not be permitted.
24. No animals, livestock or poultry of any kind or character shall be raised, bread or kept on a any tract, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained any commercial purposes, and provided that they do not become a danger or a nuisance to other tract owners.

25. The owners or occupants of each tract in this subdivision shall, at least one time each year, keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner, and shall in no event use any tract for the storage of material and equipment except for the normal residential requirements previously provided, or permit the accumulation of garbage, trash or rubbish of any kind thereon. In the event of default on the part of the owner or occupant of any tract in this subdivision in observing the above requirements, then, in such event, any of the employees or agents of Delcarant, its successors or assigns, may without liability to the owner or occupant for trespass or otherwise, enter upon said tract, cut, or causes to be cut, such weeds and grass, and remove, or cause to be removed, such garbage, trash, rubbish, etc. so as to place said tract in a neat, attractive, healthful and sanitary condition and may bill either the owner or occupant of such tract for the cost of such work. The owner or occupant, as the case maybe agree by the purchase or occupation of any tract in this subdivision to pay such statement immediately upon receipt thereof.

26. No interest in any oil, gas or other minerals in on, under or that may be produced from the property will be conveyed by Declarant, all such interest in the same having been expressly reserved by Declarant’s predecessors in title.

27. No noxious or offensive activity shall be carried on upon any tract or shall anything be done thereon which may be an annoyance or nuisance to the neighborhood, this to include no outside speakers.

28. No sign of any kind shall be displayed to the public view on any non-commercial tract except signs used by the Declarant or his assigns or successors in the original sale of the tracts in said subdivision, or signs used by builders to advertise any property during any construction and sales period.

29. No building material of any kind shall be placed or stored upon any tract except during construction; and then such material shall be placed within the property lines of the tract on which the improvements are to be erected.

30. Drainage structures under private driveways shall always have a net drainage opening of sufficient size to permit the free flow of water, without backwater, and the size and length of any culvert must meet with county specifications.

31. No unsightly boats, trucks, cars or other types of vehicles shall be stored or kept for the purpose of repair on any tract or street.

32. The digging of dirt, or the removal of any dirt, from any tract is expressly prohibited, except when necessary in conjunction with the landscaping of such tract, or in conjunction with the construction being done on any such tract.

33. Each owner of a tract in this subdivision shall be assessed a reasonable charge as a watertap fee when water shall be made available to his or her tract, and thereafter shall be charged a reasonable sum for the us of such water.

34. Each owner or owners of a tract located in the subdivision, including Declarant, and his, her or their heirs, successors, assigns, guests, or invitees or any other occupier of any such tract, shall accept same expressly subject to any and all other occupier of any such tract, shall accept same expressly subject to any and all ordinances, regulations and /or statures now in effect, or hereafter promulgated by the Federal Aviation Agency, The Texas Airport Commission, the City of Livingston, or any other similar state, federal, and/or municipal authority or agency having jurisdiction over the operation and maintenance of aircraft. Furthermore, each such owner or occupier shall strictly adhere to the maximum structure height requirements set forth upon the plat of the subdivision, as well as all other structure height requirements promulgated by the Federal Aviation Agency, the Texas Airport Commission, the City of Livingston, Texas, or any other subdivision thereof, or any committee appointed by the City of Livingston, Texas and formed in connection with the management and or regulation of the City of Livingston Airport. Any owner of a tract in the subdivision who desires to use the adjoining City of Livingston, Texas airport must comply with all regulations and requirements promulgated by the City of Livingston, Texas prior to usage of the airport facilities.
 

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