Covenants and Restrictions

 

(Summary)

 

 

The Frankford Corporation, owner and developer, notified the City of Dallas of the record of maps on record at Collin County that the lots situated in Briar Ridge Estates are subject to the following Covenants and Restrictions and that they be binding upon all purchasers, their heirs, successors, executors, administrators and assigns. (Stiles Land Corporation for Bent Trail Phase 1 and Phase II) and (The Westwind Frankford Venture for Moss Creek). This is a brief summary of those covenants and restrictions.

 

1.       RESIDENTIAL LOTS:   Only free-standing single-family dwelling and its customary and usual accessory structures may be constructed on each lot.

 

2.      STRUCTURAL RESTRICTIONS:  No structure shall be erected on any lot with materials other than brick, brick veneer, stone or stone veneer, stucco or stucco veneer unless the above named materials constitute at least 75% of the total outside area. The total floor area of the main structure exclusive of porches, garages, patios, terraces, and breezeways shall not be less than 3,000 square feet. Each 1 ½ or 2-story dwelling shall contain a minimum of 3,500 square feet of covered floor area (exclusive of all porches, garages, patios, terraces, or breezeways attached to the main dwelling of which not less than 2,200 square feet shall be covered ground-floor area.

 

3.      ARCHITECTUAL CONTROL COMMITTEE:  No building shall be erected, placed, or altered on any building unless approved by the ACC.

 

4.      AMENDMENT:   At any time, the owners of the legal title to seventy percent (70%) of the lots within the subdivision may amend the covenants, conditions, and restrictions.

 

5.      SETBACKS:  All dwellings must face the street upon which the lot faces. No structure of any kind shall be nearer than 10% of the width of the lot or 10 feet, whichever is less, to any inside line of any lot.

 

6.      FENCES:   No fence, wall, or hedge shall be erected or altered on any lot nearer to any street than the minimum building setback line indicated on the record plat of Briar Ridge, Bent Trail, or Moss Creek. No fence or hedge shall exceed six feet in height unless specifically required otherwise by the City of Dallas. No chain link or other metal fences are allowed.   

 

7.       OFFENSIVE ACTIVITIES:   No noxious or offensive activity of any kind whatsoever shall be carried out upon said property. Nor shall there be permitted any act thereon that may be or become an annoyance or nuisance to the owners or occupants or portions of said property.

 

Any boat, boat trailer, trailer, mobile home, camper, or any vehicle other than a conventional automobile, if brought within Briar Ridge, Bent Trail, or Moss Creek, shall be stored, placed or parked within the garage of the appropriate lot owner, unless approved by the ACC.

 

8.      GARAGES AND SERVANTS QUARTERS:  Any garages, servants quarters, storage rooms, or carports erected or placed on any portion of said property must be attached to the main structures.

 

9.      PETS:   No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any residential lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for commercial purposes.

 

10.   EASMENTS:   All easements shown for the purpose of installation of and maintenance of        

              public utilities are granted for such purposes and shall not be obstructed.

 

11.   SIGNS:   No signs for advertising purposes shall be displayed to the public view except  

 signs of customary dimensions (3’x4’) for advertising said property for sale.

 

12.   ROOFS:   All buildings constructed shall have a roof covering of weathered wood

 composition roofing (340 pound timberline) or approved equal.

 

13.   GARAGE -WEEDS:   Garage containers shall be placed so as to not be visible from the

 street. Owners must keep the lots free of weeds and debris. If at any time an owner of     

 any residential lot shall fail to control weeds, unsightly growth, or debris that is on a lot,

 the developer or its successors or assigns shall have the right to go on said lot and mow

 and clean and bill the owner of record for the charges.

 

14.   ANTENNAS AND AERIALS:   All television antennas and other antennas and aerials shall

 be located inside the attic or under roof, unless otherwise expressly permitted by the   

 ACC.

 

15.   LANDSCAPING AND DRAINAGE:   All lots shall be graded so that surface water will flow

 directly to the street or alley without crossing any other lot.

 

16.   BUILDING PERMITS:  The building inspector of the City of Dallas is hereby authorized to refuse or revoke all permits for construction of improvements of any kind or character if such improvements do not conform to and comply with the restrictions set out herein.

 

17.   WAIVER BY ACC:  The ACC may approve construction of structures lacking not more

              than 10% of the minimum square footage required by Paragraph 2.

 

18.   ENFORCEMENT:   Enforcement of these covenants and restrictions shall be by a

 proceeding initiated by a person, or by any member of the ACC, or by the City of Dallas.

 

19.   DURATION:    The restrictions herein above shall be binding upon all persons and

 assigns until January 21, 2000, and shall automatically be extended thereafter for    

 successive ten-year periods, unless 70% of the homeowners shall in writing change or

 modify during the year 2000, or during the last year of any succeeding ten-year renewal   

 period.

 

20.   SERVICE FACILITIES:   All clothes lines or service facilities must be enclosed within walls,

 fences, or landscaping so as to not be visible from outside the lot.

 

21.   PUTLIC USE PERMITTED:   Any restrictions shall not restrict the State of Texas, City of

 Dallas, or the Plano Independent School District from using any of the property affected   

               hereby for public purposes.

 

22.   VALIDITY:   Violation or failure to comply with these covenants and restrictions shall not

 affect the validity of any mortgage, bona fide lien, or other similar security instrument.