Amendment to Restrictive Covenants & Easement
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AMENDMENT TO RESTRICTIVE COVENANTS AND EASEMENT FOR TWIN ISLES
WHEREAS, ASCOA, INC., of Kingsland, Llano County, Texas, the developer and then owner of Twin Isles Subdivision, situated in Burnet County, Texas, as shown by the map or plat of said subdivision recorded in Volume 2, page 40 of Plat records of Burnet County, Texas: has been dissolved as a corporation and its members disbanded: and,
WHEREAS THE TWIN ISLES PROPERTY OWNERS, desiring to keep the development of this real property on a high level for the benefit and pleasure of the property owners in said subdivision, and for the protection of property values, have taken the action listed below:
A. Held a property owners meeting at Granite Shoals on November 22, 1980.
B. Organized the Twin Isles Property Owners Association.
C. Appointed a Board of Directors consisting of seven (7) Twin Isles Property Owners.
D. Directed the Board to have the By-Laws and other required legal papers prepared and submitted to the property owners for approval: and,
WHEREAS, the current Restrictive Covenants and Easements for Twin Isles are set forth in the legal documents identified below:
A. “RESTRICTIVE COVENANTS AND EASEMENTS FOR TWIN ISLES”, recorded in Volume 181, Pages 430-432 of Deed Records of Burnet County.
B. “RESTRICTIVE COVENANTS AND EASEMENTS FOR MOBILE HOME PARK FOR TWIN ISLES SUBDIVISION”, recorded in Volume 182, Pages 616-619 of Deed records of Burnet County: and,
WHEREAS, both of the documents listed above provide that they may be amended by a favorable vote of the owners of the majority of the lots in the subdivision: owners of the lots being entitled to cast one vote per lot owned:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that TWIN ISLES PROPERTY OWNERS ASSOCIATION, INC., a Texas Corporation, does hereby make and file the following amendments to the Documents identified above:
SECTION I
LOTS
1. All lots in Twin Isles shall be used solely for single family residential purposes.
2. A lot may be subdivided only if the subdivided parts are simultaneously combined with adjoining lots, thus increasing their size. No lot may be subdivided so as to form any lot smaller than the lots shown adjacent to it on the Plat of Twin Isles Subdivision on file in the Plat Records of Burnet County.
3. All water front lots must be walled with a concrete retainer wall on the side in contact with the water, to conform with other retainer walls in this subdivision. This concrete retainer wall must be completed within twelve months after purchase of the water front lot.
4. No boat dock or fishing pier may extend more than six feet into any canal. No boat or water craft shall remain in the water, unless in a boat slip, for a period three (3) days, due to the fact of the width of the canal.
5. No animals or birds, other than normal household pets, shall be kept on any lot. The Twin Isles Property Owners Association shall abide by Burnet County Animals Control Rules and Regulations.
6. No noxious or offensive trade or activity shall be carried on or maintained on any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
7. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot: one sign of not more than five square feet advertising the property for sale or rent: or signs used by a builder to advertise the property during construction and sales periods.
8. No lot shall be used or maintained as a dumping ground for rubbish, Garbage, trash or other waste shall not be kept except in sanitary containers, incinerators or other equipment for the storage of or disposal of such material shall kept in a clean and sanitary condition.
9. Grass and weeds shall not be permitted to grow so tall on any lot that, when dry, they will become a fire hazard to nearby property.
SECTION II
DWELLINGS
10. No dwelling shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Board of Directors of Twin Isles Property Owners Association, as to harmony of external design with existing structures and as to location with respect to topography, finished grade elevation, set back lines and boundary lines.
11. No dwelling shall be placed, altered, erected or permitted to remain on said lots other than a single residence, designed and constructed for use by a single family, together with such carport, garage or other structure as may be suitable and proper for use and occupancy of said residence as a single family dwelling.
12. There are two types of approved dwellings: a fixed house of permanent construction and a mobile home of good quality, condition and appearance.
13. The minimum size dwelling is seven hundred (700) square feet of interior living areas, excluding porches, stoops, open or enclosed carports or patios, garages, etc.
14. No building or structure shall be occupied or used until the exterior thereof is completely finished.
15. All mobile homes must be completely enclosed from the ground level to the lower portion of the outside walls, so as to maintain a neat appearance and to conceal posts, piers and wheels from outside view, within sixty (60) days after utilities are connected to each mobile home.
16. No old, used, existing building or structure, or parts thereof may be moved onto or permitted to remain on any lot, without prior approval of the board.
17. No basement, trailer, tent, shack, garage, barn or other out building shall be used as a permanent residence.
18. Prior approval must be obtained from the Board of Directors for the temporary use of any dwelling that does not meet the established standards for a permanent dwelling.
SECTION III
SEWER SYSTEMS
19. All dwellings must be connected to Kingsland Municipal Utility District in accordance with Kingsland Municipal Utility District Rules, and standards published by the Lower Colorado River Authority (LCRA).
20. Not more than one dwelling may be connected to any such sewer system and not more than one such sewer system, or any part thereof, may be placed on or in any lot.
21. No outside toilet or privy and no cesspool or other individual sewer system may be constructed or used in Twin Isles, except as specifically provided in the two preceding paragraphs.
SECTION IV
SET BACK LINES
23. No residential structure shall be located:
a. Nearer to the front lot line than twenty (20) feet.
b. Nearer to a side street line than ten (10) feet.
c. Nearer to a side or rear lot line than five (5) feet.
SECTION V
EASEMENTS
24. Perpetual easements are reserved along and within five (5) feet of the rear line, front line, and side lines of all lots in this subdivision for the construction and maintenance of utilities.
25. These utilities include:
a. Conduits, poles, wires and fixtures for electric lights and telephones.
b. Water mains, sanitary and storm sewers, and road drains.
c. Other public and quasi-public utilities.
26. Employees of said utilities are granted the right to trim any trees which at any time may interfere or threaten to interfere with the maintenance or operation of such utilities. They are also granted the right of ingress into, egress from, and to cross said premises in order to maintain utilities.
27. In case of fractional lots, said easements will also extend along all owners’ side and rear property lines.
28. It is understood and agreed that it shall not be considered a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some portions of said lots not within the five foot wide strip, as long as such lines do not hinder the construction of buildings or location of mobile homes on any lots in this subdivision.
SECTION VI
ASSESSMENTS
29. An annual assessment of Sixty (60) dollars for the first lot, Thirty (30) dollars for the second lot and Fifteen (15) dollars for half of a lot shall run against each lot in Twin Isles subdivision. The assessments shall be due and payable, on the first (1st) day of July of each year, to the Treasurer of the Twin Isles Property Owners Association.
30. This fund shall be used for the development, maintenance and management of the roads, canals and park shown on the plat of Twin Isles Subdivision, and for the administration, operation and legal representation of this Association and its Board of Directors.
31. No part of these funds shall be used as pay, salary, or any other form of compensation to an Officer of the Association, a member of the Board of Directors, or a member of the Association for any personal services which they might render to or on behalf of the Association while such persons are acting in their official capacity.
32. Assessments may be increased only by a majority vote on Twin Isles Property Owners, each property owner being entitled to cast one vote regardless of the number of lots owned.
33. These assessments shall be and are hereby secured by a lien on each lot respectively.
SECTION VII
LIENS
34. Any Twin Isles Property Owner who permit’s a monetary obligation to the Association to become four or more months overdue, without an explanation acceptable to the Board of Directors, may have a lien filed against his property.
35. Such liens take precedence immediately after liens for Taxes and liens for the purchase or repair of the real-property involved.
SECTION VIII
APPLICATION
36. When these restrictive covenants and easements are approved by the present owners of a majority of the lots in Twin Isles, ALL property owners in Twin Isles automatically become members of TWIN ISLES PROPERTY OWNERS ASSOCIATION, and all future owners become members automatically at the time that they become Twin Isles Property Owners.
37. All restrictive covenants and easements are for the benefit of the entire subdivision and when approved by the owners of the majority of the lots in the subdivision, shall become binding upon each present lot owner and each future purchaser of a lot, their successors, heirs and assigns.
38. All of the restrictive covenants and easements, when approved by the owners of the majority of the lots in the subdivision shall be taken and deemed as covenants running with the land, and as and when such lot or lots are conveyed, the same shall be conveyed subject to these restrictive covenants and easements herein.
39. When these restrictive covenants and easements are referred to in any deed or conveyance to any lot or lots in this subdivision the same shall be of the same force and effect as if these restrictive covenants and easements were written if full in such conveyance and each deed shall be conclusively held to have been so executed, delivered and accepted upon the express conditions, restrictive covenants and easements as herein set forth.
40. If the owner of any lot in this subdivision, or any other person, shall violate any of the covenants or easements herein, it shall be lawful for any other person or persons owning any real property situated in this subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or easement and either to prevent him or them from so doing or to recover damages or other dues for such violation.
41. The Restrictive Covenants and Easements for Twin Isles, now on file in the Deed Records of Burnet County, provide that they may be amended by a favorable vote of the owners of the majority of the lots in the subdivision, owners of the lots being entitled to cast one vote per lot owned. Therefore this method of balloting must be used to determine whether or not this Amendment to Restrictive Covenants and Easements for Twin Isles is approved.
42. If this Amendment is approved, the outcome of future balloting shall be determined by a majority vote of the property owners of Twin Isles. Where property in Twin Isles is jointly owned by a couple or by a group of people, only one person may cast a vote for that property.
43. Invalidation of any one or more of these restrictive covenants and easements by judgment of any court shall in no wise affect any of the other restrictive covenants and easements herein contained, which shall remain in full force and effect.
44. The above and foregoing restrictive covenants and easements, declarations, reservations, limitations, protective covenants, easements and restrictions may be amended only by vote of the Twin Isles Property Owners, with the majority of votes cast determining the result of the balloting and each property owners being entitled to cast one vote no matter how many lots owned.
45. These revision of the Restrictive Covenants and Easements shall take precedents over formerly recorded Restrictive Covenants and Easements recorded in Deed of Records in Burnet Count of Volume 181, Pages 430-432 of 15th day of July 1968, Volume 182, Pages 616-619 of 15th day of July 1970, and Volume 282, Pages 608-612 of 9th day of February 1981.
46. The address of the Association is:
TWIN ISLES PROPERTY OWNERS ASSOCIATION, INC.
P.O. BOX 1112
KINGSLAND, TX 78639-1112
{}{} Executed 22nd , day of March 2003
{}{} Filed March 23, 2003 with Burnet County Clerk, Burnet County, Texas
The above is posted on this Web Site for information purposes only.
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