LIVE SPRINGS RANCH

ARTICLE III

GENERAL RESTRICTIONS

          All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions:

Section 3.01 Single Family Residential Construction.  Except for Common Areas or as otherwise set forth herein, all lots shall be used solely for single family residential, recreational, ranching and/or agricultural purposes only, and shall not be used for mercantile or commercial purposes. Agricultural purposes for the purpose of this instrument shall mean and include running livestock or exotic animals, hunting, trapping and taking of all wild animals and wild birds. No mobile home or other type of portable structure shall be used on any portion of the properties as a permanent residence. All permanent main dwellings must have at least two thousand (2,000) square feet of living area and must be built of new construction material. Living area does not include porches, breezeways, or garages. The foundation of the main dwelling can be concrete slab, or a combination of concrete slab and piers. All piers must be constructed of concrete and rebar.  The dwelling must not exceed forty (40) feet in height, at its highest point, measured from the highest elevation of virgin soil. The exterior of the main dwelling must consist of at least fifty percent (50%) masonry. Masonry will be defined as stone, stucco or hardy plank siding. There is no restriction time period in which a dwelling, outbuilding or other improvement must be started, but once said dwelling, outbuilding or improvements are commenced, they shall be completed as to the exterior finish and appearance within nine (9) months from the commencement date. Commencement of a building is defined as the setting of forms for the foundation of the building.  All garages, including detached garages will be of the same general construction and exterior finish as the main dwelling, and located on the Lot according to the Committee approved building site plan. Outbuildings shall not exceed twenty five (25) feet in height from the highest elevation of virgin soil.  All improvements must be approved in writing, prior to being erected, altered or placed on the Property.

Section 3.02 Location of Improvements upon the Lot. All buildings, improvements and temporary structures except fences and driveways, shall be located a minimum of seventy five (75) feet from the side Property line, two hundred (200) feet from the front Property line or roadway and seventy five (75) feet from the rear Property line, provided however, as to any Lot, the Architectural Control Committee may waive or alter any such set-back line, if the Architectural Control Committee in the exercise of the Architectural Control Committee’s sole discretion, such waiver, or alteration is necessary to permit effective utilization of a Lot. Any such waiver or alteration must be in writing and recorded in the Official Public Records of Gillespie County, Texas.

Section 3.03 Use of Temporary Structures. No structure of a temporary character, whether trailer, motor home, basement, shack, garage or other outbuilding shall be maintained or used on any Lot at any time as a permanent residence. Motor homes, camping trailers or campers may be used during the regular deer and turkey bow hunting seasons in each year as a temporary hunting lodge or camp and during the times of recreation and vacation as lodging. Additionally, any motor home, camping trailer or camper shall be placed on the Lot at a distance greater than two hundred (200) feet from the main roadway and seventy five (75) feet from any property line and must be well screened behind hills or trees to substantially eliminate visibility from the main roadway and adjoining Lot.  The Developer reserves the right to erect, place and maintain a mobile home, camper, or motor home in or upon any portion of the Subdivision as in its sole discretion may be necessary or convenient while selling Lot, selling or constructing residences and constructing other improvements within the Subdivision. The Developer is not restricted by any of the above time constraints in this provision.

Section 3.04 Repair of Buildings. All improvements upon any of the Property shall at all times be kept in good condition and repair, painted and maintained by the owner thereof.

 

Section 3.05 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which alters the exterior appearance of any improvement, or the removal of any improvement, shall be performed only with prior written approval of the Architectural Control Committee.

Section 3.10 Walls and Fences. Walls, fences and gates, if any, must be approved prior to construction by the Architectural Control Committee. All walls, fences, and gates must be maintained in good condition. All fencing facing any main roadway must be pipe fencing as follows; the fence posts shall consist of two and three eighths inch (2-3/8”) drill stem pipe with ten foot (10’) spacing. A single top rail consisting of the same size pipe shall be placed on top of the line posts. The area between the posts shall be a solid-lock high-tensile wire or ranch panel welded to the vertical pipe and top rail. All piping must be painted with panels and/or solid-lock high-tensile wire left in its natural galvanized color. Any entrance gates must be decorative and custom made. Standard ranch-style swing gates will not be allowed along roadways.   

Section 3.12 Light Pollution. Exterior lights such as those for security, safety, and decorative reasons are allowed, provided all exterior lighting is hooded or the main beam of light is at no greater than a thirty (30) degree angle from the ground.

Section 3.13 Noise Pollution. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security or public safety purposes) shall be located, used or placed on any Lot such that it becomes or will become clearly audible at the property line of adjoining property owners.

Section 3.15 Garbage. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property or to its occupants.  Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or appropriately screened from view.  In the event the Owner shall fail or refuse to keep, or cause to be kept such Owner’s property or any improvements thereon free from rubbish or debris of any kind, and such


failure or refusal shall continue for fifteen (15) days after delivery of written notice thereof, then the Live Springs Ranch Property Owner’s Association may enter upon such property and remove or correct the same at the expense of the property owner and any such entry shall not be deemed a trespass.

Section 3.16 Junk Motor Vehicles Prohibited. No Lot shall be used as a depository for abandoned or junk motor vehicles. No junk of any kind or character shall be kept on any Lot.

Section 3.18 Signs. Only one (1) sign is allowed per Lot. Signage is only for the purpose of displaying address and or ranch identification. Sign must be of new quality construction and no greater than ten (10) square feet in size. Sign must be located no closer than twenty five (25) feet to any main roadway. No permanent or temporary sign(s), advertisements or billboards of any kind shall be constructed or placed upon any Lot without prior written approval by the Architectural Control Committee All permitted signs must be maintained and in the event a permitted sign is not properly maintained, the Architectural Control Committee may give the sign owner written notice thereof. Repairs required by the Architectural Control Committee must be made within five (5) business days from receipt of such notice. The Architectural Control Committee shall have the right, but not the obligation, to have repairs made and charged to the Lot Owner and in doing so, shall not be liable, and are hereby expressly relieved from, any liability for trespass or other tort in connection therewith, or arising from such repair.

Section 3.19 Animal Husbandry. Dogs must be kept in a dwelling, kennel, dog run, or fenced area that confines such dog(s) to the area. Dogs will not be permitted to run loose in the Subdivision and must be kept on leash if outside of those confines mentioned above.

Section 3.20 Mineral Development. No commercial oil or gas drilling, oil or gas development operations, oil or gas refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.   

Section 3.21 Drainage. No person or persons shall impair the natural established drainage patterns of streets, Lots, or roadway ditches. No creeks or natural drainage areas may be dammed, or water impounded, diverted or used for any purpose without the prior written consent of the Architectural Control Committee. Driveway culverts must be installed and will be of sufficient size to afford proper drainage of ditches without backing water up or diverting flow. Drainage culvert installation must meet Gillespie County requirements.

Section 3.24 Re-subdivision of Lots. Any Lot created as a result of being re-subdivided shall be no smaller than fifteen (15) acres in size.

Section 3.25 Hunting.  No rifle hunting is allowed in the subdivision. Shotgun, handgun, bow or cross bow hunting is allowed so long as it is conducted in accordance with the laws of the State of Texas. The hunting season will extend from September to June. There will be no hunting in July or August. Hunting and/or the firing of weapons is allowed only during daylight hours. All hunting must be done from a fixed position (hunting stand or blind) and shooting must be done down into a draw or into a hillside on your own property. No hunting stand, blinds or game feeders shall be constructed, placed or situated closer than one hundred (100) feet to any property line and shall be well screened behind hills and or trees so that said blinds and feeders will be substantially hidden from view of any roadway. There is no commercial leasing of property for hunting purposes.

Section 3.26  No Warranty of Enforceability.  While Declarant has no reason to believe that any of the restrictive covenants of other terms and provisions contained in this Article III or elsewhere in this Declaration are or may be invalid or unforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.