Deed Restrictions
Lakewood Park, Section 3
As amended, March 2007
LAKEWOOD PARK SUBDIVISION, SECTION 3 consists of the following addresses:
| 7310 Creekbluff Drive | 7311 Creekbluff Drive |
| 7312 Creekbluff Drive | 7313 Creekbluff Drive |
| 7400 Creekbluff Drive | 7401 Creekbluff Drive |
| 7402 Creekbluff Drive | 7403 Creekbluff Drive |
| 7405 Creekbluff Drive | 7406 Creekbluff Drive |
| 7407 Creekbluff Drive | 7408 Creekbluff Drive |
| 7410 Creekbluff Drive | 7501 Creekbluff Drive |
| 7502 Creekbluff Drive | 7503 Creekbluff Drive |
| RESTRICTIONS: LAKEWOOD PARK, SECTION 3 AS AMENDED, MARCH 2007 FILED AND RECORDED APRIL 6, 2007 RECORD NUMBER 2007062418 RECORDS OF TRAVIS COUNTY, TEXAS | |
| BULL CREEK HOMEOWNERS ASSOCIATION TO THE PUBLIC THE STATE OF TEXAS ) COUNTY OF TRAVIS ) |
KNOW ALL MEN BY THESE PRESENTS:
That the Bull Creek Home Owners Association of Austin, Travis County, Texas, a nonprofit corporation, Charter Number 01549510-01 dated August 31, 1999, whose purpose is to operate, manage, maintain and administer the property and the deed restrictions applicable to that property in Lakewood Park Subdivision, Section Three (3), as shown by the plat thereof recorded in Plat Book 17, Page 23, Plat Records of Travis County, Texas, by these presents does hereby impress all of the property included in said subdivision with the following restrictions, covenants and conditions, to-wit:
1. Designation of Use.
All lots shall be used for single family residential purposes, with not more than one residence on any lot. No lot shall be used for a trade or profession; nor shall anything be done on any lot which may be or may become an annoyance or nuisance to the neighborhood.
The following restrictions apply to the phrase: “used for single family residential purposes”
A property, residence or dwelling (“property”) shall be occupied by the homeowner and his/her immediate family, or by a tenant holding a valid lease issued by the homeowner or their designated agent. No lease shall be for a period of less than six consecutive months unless prior written approval is obtained from the Bull Creek Homeowners Association (“BCHOA”) Board of Directors.
No owner, agent or lease-holder may sublease or otherwise assign a lease to a third party without the prior written approval of the BCHOA Board of Directors.
If a lease is terminated for any reason prior to the completion of a full and consecutive six-month term, the property may not be leased again without the prior written approval of the BCHOA Board of Directors.
No property may be advertised in any medium unless the property is available for sale or for lease for a minimum of six months within thirty days of the advertisement.
2. Retention of Easements.
Easements are reserved as indicated on the recorded plat.
3. Temporary Structures and Garage Apartments.
No apartment house, house trailer, tent, shack, garage apartment or other outbuilding shall be placed, erected, or permitted to remain on any lot or plot, nor shall any structure of temporary character be used at any time as a residence thereon.
4. Separate Garages, Guest Houses, etc.
A separate garage building for not more than three (3) cars, of one story, will be permitted, provided that such structure must be attached to the main residence by a common wall or by a covered passage-way, provided that the main dwelling be substantially completed prior to said erection and provided further that all restrictions, covenants, conditions and uses herein are complied with. All garage structures shall be enclosed on at least two sides and no such structure shall open directly to the street. Garage structures on corner lots shall be completely enclosed.
5. Minimum Plot Size.
No structure shall be erected or placed on any plot which plot has an average width of less than 100 feet. No resubdivision of existing lots shall be made which would create an additional lot or plot; but this shall not prevent the modifying of boundaries of original lots in conformity with the above minimum width. For the purpose of these restrictions, a “plot” shall consist of a lot or lots having a contiguous frontage and having an average width of not less than 100 feet.
6. Size and Construction of Dwellings.
All dwellings shall be of recognized standard construction. The dwelling erected on any plot shall cover not less than 1,500 square feet of floor area of which not less than 1,300 square feet shall be in the house proper, exclusive of garage and porches. Ornamental structures, fences and walls are permitted subject to approval in writing of the Developer, or in the alternative, by the Architectural Committee referred to under Paragraph 8.
7. Set-Back; Front Line, Side Line, and Rear Line.
No structure shall be located or erected on any plot nearer to the front plot line than 40 feet, or nearer than 10 feet to any side plot line, or nearer than 30 feet to any rear line; provided that, when the distance between property line and curb line exceeds 10 feet, the required set-back of 40 feet shall be reduced by such excess; provided, further, that the Developer, or, in the alternate, the Architectural Committee may vary set-back requirements where in the opinion of the Developer or the Committee no adverse effect will be had on the neighborhood and where, because of trees and/or topography, the strict enforcement of the provisions of the paragraph would militate against the best utilization of the lot. Under no circumstances, however, shall a structure approach nearer than 25 feet to the front line or nearer than 7-1/2 feet to any side line.
8. Architectural Control and Building Plans.
For the purpose of insuring the development of the subdivision as a residential area of high standards, the Developer or, in the alternative, an Architectural Committee appointed at intervals of not more than five years, by the then owners of a majority of the lots in Lakewood Park Subdivision, Section Three (3), reserves the right to regulate and control the buildings or structures or other improvements placed on each lot. No building, wall, or other structure shall be placed upon such lot until the plan therefor and the plot plan have been approved in writing by the Developer. Refusal of approval of plans and specifications by the Developer, or by the said Architectural Committee may be based upon any ground, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Developer of Architectural Committee shall seem sufficient. No alterations in the exterior appearance of any building or structure shall be made without like approval. No house or other structure shall remain unfinished for more than two years after the same shall have been commenced.
9. Septic Tank or Sanitary Sewage Provision.
Each house in this subdivision shall be connected to a septic tank meeting the approval of the State Health Department or to a public utility sanitary sewage collection system.
10. General Covenants.
These provisions are hereby declared to be conditions, restrictions, uses and covenants running with the land and shall be fully binding on all persons acquiring property in Lakewood Park Subdivision, Section Three (3), whether by descent, devise, purchase or otherwise, and every person by the acceptance of title to any lot of this subdivision shall thereby agree to abide by and fully perform the foregoing conditions, restrictions, uses and covenants, which shall be binding until January 1, 1978. On and after January 1, 1978, said conditions, restrictions, uses and covenants shall be automatically extended for successive periods of ten years unless changed in whole or in part by a vote of three-fourths majority of the then owners of the lots in Lakewood Park Subdivision, Section Three (3), each lot, or plot, to admit of one vote.
11. Penalty Provisions.
If any person or persons shall violate or attempt to violate any of the above conditions, restrictions, uses and covenants, it shall be lawful for any other person or persons owning any of the lots in Lakewood Park Subdivision, Section Three (3) to prosecute proceedings at law or in equity against the person or persons violating or attempting such violations to prevent him or them from so doing, or to recover damages for such violations. No act or omission on the part of any of the beneficiaries of the covenants, conditions, restrictions and uses herein contained shall ever operate as a waiver, of the operation of or the endorsement of any such covenant, condition, restriction or use.
Invalidation of any one or any part
of these conditions, restrictions, uses or covenants, by judgment or Court order
shall in no wise affect any of the others which shall remain in full force and
effect.
With the exception of the above paragraphs, the differences in the restrictions for the three sections are minimal. Again, a full copy of the deed restrictions can be obtained by contacting the president of the Bull Creek Homeowners’ Association.