Bending Oak Deed Restrictions
All tracts in the subdivision shall be used for single family residential purposes only.
No building shall be erected, altered, placed or permitted to remain on any tract other than one detached single–family dwelling and one–story garage for no less than two motor vehicles. No building shall remain uncompleted for more than one year after construction has been commenced. Only one outbuilding will be allowed and must be built with like materials of the main dwelling. outbuildings must be built behind front resident line.
The living area, exclusive of open or screened porches (covered or uncovered), garages, storage rooms, stoops, open terraces, and/or servants′s quarters of each main single–family dwelling shall be not less than 1,250 square feet and, if more than one story, the ground floor shall be not less than 800 square feet and the combined area for the first and second floors shall be not less than 1,250 square feet on all tracts in Bending Oak.
All residential buildings must be constructed on site of new materials. All roof materials on houses shall be compatible in color and texture in the opinion of the Architectural Committee and be built on a minimum pitch of 6 and 12. All residents must have a concrete driveway from Bending Oak Drive to garage or car port.
All improvements and personal property placed upon any tract shall be kept at all times in a sanitary, healthful and attractive condition.
No building located on any tract shall be nearer to the street than the setback lines of 40 feet, or 20 feet from the rear lot line. All interior side setback lines shall be 10 feet. Under no conditions shall any building be located on any easement shown on the plat. The location of all buildings on the tract shall be subject and comply with the subdivision requirements and shall be approved by the Architectural Committee. The Architectural Committee shall have the authority to deviate and grant exceptions to these requirements.
In the event a buyer purchases two or more adjoining tracts and desires to construct a dwelling across the common side lot line, the Architectural Committee may permit such act by written vacation of the side tract line setbacks, provided there is not then, or known to be planned, any utility easement along the common side lot line.
Eaves, steps, terraces, patios, swimming pools, walls and fences shall not be considered as part of a building for purposes of determining compliance with building location requirements. However, no structure may encroach on another lot or obstruct any easement, except that fences may be constructed on easements other than pipeline easements at the owner′s risk. No obstruction to visibility at street intersections shall be permitted.
Except for temporary structures of Developer, all tracts will be connected to the central water system. All residents shall have an individual aerobic wastewater treatment plant approved and licensed by the Angelina County and Cities Health District. All utility services shall be underground to each dwelling and shall meet the requirements of the utility company for connection. Natural gas must be installed in every dwelling.
No commercial business of any kind shall be conducted on or from any tract. No noxious or offensive activity shall be carried on upon any tract within the development.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any tracts in Bending Oak Subdivision except houehold pets which are not kept, bred or maintained for commercial purposes. No livestock (being goats, hogs, horses, cows, etc.) shall be kept, bred or raised on any tract within this subdivision. All animals on any tract shall be confined to the tract owner′s premises by an adequate fence or enclosure and shall be kept in a sanitary and healthful condition.
No automobile, camper, recreational vehicle, boat, trailer, house trailer or other vehicle or other obstruction shall be placed or parked on any road or street, said roads and streets being for the principal purpose of providing ingress to and egress from tracts within the development.
No temporary structure, mobile home, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any tract as a residence either temporarily or permanenetly. No building may be moved onto any tract.
No tract in the subdivision may be further subdivided unless the resubdivision creates a tract larger than originally platted.
No gainful occupation, trade or other non–residential use shall be conducted on any tract.
No sign shall be displayed on any tract except one sign not more than five square feet, advertising property for sale or rent.
No drilling, development, refining, quarrying, mining or prospection operations for any minerals shall be conducted on any tract nor shall any well, including water well, tank, tunnel, mineral excavation or shaft be permitted on any tract.
All satellite dishes, vegetable gardens, clothes lines and sewer treatment plants must be behind the front residence line.
No junk automobiles (those not in running condition or not currently licensed and inspected) may be kept on any tract in the development. No converted buses are allowed for more than 48 hours on any tract in the subdivision.
Fences and walls may only be erected or maintained within the minimum building setback requirements from any tract line adjacent to the street and shall not be nearer to that street than the front of the dwelling on that tract.
The exact design and layout shall be submitted to the Architectural Committee for approval prior to construction. No construction shall commence without the Architectural Committee′s approval. The Architectural Committee shall have the authority to deviate and grant exception to these requirements.
The plat of the subidivision reflects a greenbelt across the rear of certain tracts situated in the subdivision. This greenbelt is to be maintained for the benetfit of all tract owners in the subdivision. The owner of any tract upon which the greenbelt is situated will not cut or otherwise remove any tree six inches and larger in diameter at ground level from the greenbelt area unless such tree has died from natural causes or has been damaged or destroyed by any act of God or nature to the point where the continued presence of the tree would distract from the aesthetic value of the greenbelt. The owner of any tract upon which the greenbelt is situated will be permitted to fence in or enclose the greenbelt area along with other areas of the tract upon which the greenbelt is situated.
All mail boxes must be bricked in a decorative design.
No rubbish, trash, garbage, manure, debris or other material shall be kept, dumped, placed or be permitted on any tract within Bending Oak except in sanitary containers located in appropriate areas concealed from the public view. All trash must be disposed of by way of a sanitation service or to the Angelina County landfill.
Boats, recreational vehicles, or travel trailers must be kept behind the front residence line, preferably covered or under storage when not in use.
If the owners of any tract or their heirs, executors, administrators, successors, assigns or tenants shall violate or attempt to violate any of the restrictions and/or convenants set forth in this declaration, Developer may presecute any proceedings against the person or persons violating or attempting to violate any such restrictions and/or covenants, or if the developer shall fail to do so after sixty (60) days written notice from a person owning any tract encumbered by this declaration, then any such owner may prosecute any proceeding against the person or persons. The violation or attempted violation of the restrictions and/or covenants set forth in this declaration would result in irreparable damage to Developer and other owners of tracts in the subdivision, thus the breach of any provision of this declaration may not only give rise to an action for damages but also may be enjoined by and action for specific performance in equity in any court of competent jurisdiction. In the event enforcement actions are instituted and the remedies specified above, the violator shall pay all the court costs, the enforcing party′s reasonable attorney′s fees, and other costs of suit.
All covenants, conditions and restrictions hereunder are for the benefit of the entire development and shall be binding upon the purchasers, their successors, heirs and assigns. Invalidation of any one of the covenants, conditions or restrictions by a judgment of any court shall in no way affect or invalidate any of the other provisions hereof. These covenants, conditions and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy–five percent (75%) of the then owners of tracts in the development has been recorded, agreeing to change said covenants in whole or in part.
No delay or omission on the part of the declarant or the owner of other tracts in the development in attempting to enforce any of these covenants, conditions, reservations or restrictions herein contained shall be construed as a waiver thereof or acquescence therein.
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