Oak Ridge

 




OAK RIDGE ESTATES

APPLICABLE RESTRICTIONS, COVENANTS AND RESERVATIONS

 

  1. All lots shall be used solely for residential purposes except lots designated as business.

  2. Lots designated as business may be used either for residential or business purposes provided, however, that if used for a business the nature and purpose of the business use shall first be approved in writing by Seller, his successors, assigns, or designees.

  3. No building other than a single family residence containing not less than 900 square feet, exclusive of open porches, screen porches, breezeways, car ports or garages, shall be erected or constructed on any residential lot of part of lot conveyed as a separate building site in Oak Ridge Estates. Servants quarters and guest houses may be constructed on said lots after completion of permanent residence; the outside wall area of the permanent residence shall have a minimum of twenty (20%) per cent masonry construction, consisting of brick, ledgestone, fieldstone or native types of stone veneer.

  4. No building, structure or fences shall be erected or constructed on any lot or part thereof conveyed as a separate building site until the building plans, specifications, design, size construction, and location on the property have first been approved in writing by an officer, agent or representative of Oak Ridge Estates, and buyer agrees to abide by set-back designations as to minimum and maximum set-back from front and rear property lines and side lines.

  5. No improvements shall be erected or constructed on any lake front lot nearer than 10 feet from the 825 mean contour line, or 10 feet from the back line of offshore lots; 20 feet from the street line of all lots and 5 feet from side property lines of all lots, except when such side line is a street line, then no nearer than 10 feet from such street line on all corner lots.

  6. No building or structure shall be occupied or used until the exterior thereof is completely finished.

  7. No structure of any kind, including mobile homes and trailer houses, shall be moved onto any lot of the subdivision.

  8. No outside toilet shall be installed or maintained on any premises and all plumbing shall be connected with a sanitary sewer or septic tank approved by the State and Local Departments of Health. No septic tank and field line shall be located nearer than 50 feet from the 825 foot contour line of Lake Lyndon B. Johnson, and all garbage shall be disposed of at the place provided therefor by the subdivider or hauled from the subdivision.

  9. No animals or birds, other than household pets, shall be kept on any lot in the subdivision, except on acreage tracts and then only with the consent of the subdivider.

  10. An assessment of $20.00 per lot per year shall run against each lot and any part of lot conveyed as a separate building site in said subdivision for the maintenance of the park and beach areas, and for all improvements maintained for the benefit of the subdivision. Such assessment shall be and is hereby secured by a lien on each lot respectively, and shall be payable to the Seller in Llano, Texas, on the lst day of May each year, commencing May 1, 20_ or to such other persons as Seller may designate by instrument filed of record in the office of the County Clerk of Llano County, Texas.

  11. All property owners and members of their families shall have ingress and egress to the lake and to the park area, as shown on plat of Oak Ridge Estates Unit No. _. All parks, lake and beach improvements shall be available for use to property owners and their families at their own risk.

  12. No noxious, offensive, unlawful or immoral use shall be made of the premises. No "for sale" sign shall be placed on any lot in Oak Ridge Estates Subdivision without the written consent of a co-partner, and seller is hereby expressly authorized to enter upon any lot and remove such sign.

  13. All covenants and restrictions are for the benefit of the entire subdivision, and shall be binding upon the purchaser or his successors, heirs and assigns, and may be enforced by any property owner in said Subdivision.

  14. Easements, restrictions, exceptions and mineral reservations of record and also as set forth in deed to T. G. Houston and D. B. Polk, in Volume 154, pgs. 232 et seq., Deed Records of Llano County, Texas, to which deed, and its record thereof, reference is made for all pertinent purposes and by such reference shall be deemed a part hereof; and subject to applicable zoning rules and regulations, Seller reserves unto itself a five (5) foot easement along all lot lines for the purpose of installing and servicing public utilities, telephones and water lines.

 

Invalidation of any one of these covenants or restrictions by judgment of any court shall in no wise affect any of the other provisions, which shall remain in force and effect.



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Oak Ridge Estates Board Of Directors Policy
For Interpretation of Deed Restrictions.
Adopted October 22, 1997


On March 12, 1997, the board of directors appointed a four-member committee to review the deed restrictions, and a draft set of interpretations was presented to the POA members at the annual general meeting held May 31, 1997. These provisions were approved by the board on July 23, 1997 and submitted to the membership for formal ballot vote. A majority of the POA membership voted in favor of the following deed restriction interpretations, and the board formally adopted them on October 22, 1997.

Restriction 1.
All lots shall be used solely for residential purposes except lots designated as business.

1/18/93 There are nine lots within Oak Ridge Estates designated for business use, They include the following Lot Numbers. 52R through 59R. Unit I and Tract 1, Unit 2.

Note: Under the terms of the settlement agreement in the case of Cogswell vs POA, Lot 1. Unit III, is also designated as a business lot.

10/22/97 A use which otherwise might be considered as business use will not be deemed as such it if it incidental to the use of the property as a personal residence, See examples below.

The lot should not appear to the casual observer as being used for anything other than residential purposes.

A vacant lot, residential or business, should not have any obvious or apparent advertisements, (signs, objects, including vehicles or trailers, with writing which indicates products, real estate, or services for sale, for rent, for lease, or available). This would be interpreted as being used for business purposes and not for residential purposes.

During construction (see definitions), on a residential or business lot, one sign (when construction spans multiple adjacent lots, only one sign is permitted) showing the contractor's name, logo, address, telephone number, and other pertinent information may be placed on the lot for no longer than six (6) months, The sign may be no larger than 4 feet by 4 feet and may stand no taller than 6 feet. Prior to commencement of construction of a residence, no lot may be used for storage of any equipment, building materials or parts, This includes but Is not limited to vehicles (autos, trucks, golf carts), boats, trailers, portable buildings, farm equipment, construction equipment, construction materials, lawn or gardening equipment.

When a residence is leased or rented as a residence, the lot will still be considered as used solely for residential purposes.

Parking one vehicle per resident which has a business logo and/or advertising at a permanent residence will be considered residential use and is permitted.

Many water front lots do not have the required space for a septic system, Therefore, it is customary to purchase, lease, or take an easement on an additional lot or portion of a lot for that purpose. At present there is no other practical solution to this problem. A lot may be used for septic purposes so long as it is not obvious that if is a septic lot (appearance or odor, see restriction #12. It must be kept mowed and any septic apparatus must be obscured from view of the streets by shrubs, trees or living plants other than grass or weeds.

All of the above are examples only and are not intended to be a definitive listing designed to cover any eventuality.

Restriction 2.
Lots designated as business may be used either for residential or business purposes provided, however, that if used for a business the nature and purpose of the business use shall first be approved in writing by Seller, his successors, assigns or designees.


5/13/89 WHEREAS Covenant Number 2 of the Deed Restrictions provides that prior to the introduction or establishment of any business on an Oak Ridge Estates property designated as a "business" lot, the owner of such lot shall first make written application for approval of the nature and purpose of such proposed business to those legally charged with the authority and responsibility for enforcing said restrictions, and:
WHEREAS the Board of Directors of the Property Owners Association of Oak Ridge Estates, Inc., currently exercises such legal authority and responsibility, and:
WHEREAS the Board of Directors finds that it is fitting and desirable to promulgate guidelines to aid the Board in its consideration of such applications and to apprise the owner and/or lessor of such business properties of the standards which the Board will apply in its adjudication of such applications:
NOW THEREFORE, BE IT HEREBY RESOLVED that the following guidelines, criteria, and objectives are adopted:
  1. It being recognized that Oak Ridge Estates is essentially a residential community, no business shall be approved which is incompatible with the residential nature and character of the subdivision, such as businesses which produce or might reasonably be expected to produce a volume of noise, smoke, odor, trash, litter, traffic or hazardous conditions sufficient to interfere with the residential property owners' use and enjoyment of their properties for residential purposes.
  2. Because the roads within the subdivision are maintained principally by the volunteer labor and donated funds of the residential property owners, no business shall be approved which requires the regular or frequent passage of trucks, trailers, or other heavy equipment with gross weight exceeding 5,600 pounds.
  3. Examples of businesses which generally would not be deemed incompatible with the residential character of the neighborhood (assuming appropriate design features, adequate off-street parking facilities, and other conforming amenities) would include, but not be limited to, multi-family residences of at lease 900 square feet each unit; small shops or boutiques not involved in the sale of food or beverages; barber or beauty shops; and similar service or retail establishments.
  4. Examples of businesses which generally would be deemed incompatible with the residential character of the subdivision would include, but not be limited to, night clubs; vehicles or engine repair shops; flea markets; light or heavy industrial plants; salvage yards; sexually oriented businesses of any kind; animal kennels, breeders, or any commercial livestock enterprise; entertainment facilities such as indoor or outdoor theaters, bowling lanes, miniature golf, carnivals; and restaurants or bars.
  5. Recognizing that time is frequently of the essence in business property transactions, each application for approval of the nature and purpose of a proposed business shall be promptly reviewed and adjudicated on its own merits, even though it may be necessary to convene a special meeting of the Board for that purpose. Each such application shall be decided by a majority of the members of the Board of Directors considering the application, provided that a quorum is present. In making their decision to approve or disapprove any such application, the Board members shall be guided by the standards and criteria outlined herein, the objective being to preserve and protect the residential character, qualities, and values of Oak Ridge Estates without unfairly, arbitrarily, or capriciously denying the owner of a commercial property the reasonable use and enjoyment of such property for those commercial purposes which would not produce a serious negative impact on the rest of the community.
  6. All decisions by the Board concerning "business nature and purpose" applications shall be reduced to writing, and a copy thereof shall be provided the applicant. A decision disapproving any such application shall include a complete statement of the Board's reasons for such disapproval.

1/18/93 As defined in Appendix A. "seller" is defined as the Property Owners Association of Oak Ridge Estates, Inc., hereinafter called "POA". On May 13, 1989 the POA Board of Directors approved a document entitled Guidelines for Approval/Disapproval of Applications for Establishment of New Businesses in Oak Ridge which clearly defines the process required to establish a business on Oak Ridge Estates property designated as a "Business" lot. The Architectural Committee will utilize this document in administering its duties on behalf of the POA Board of Directors.

10/22/97 As the nature of Oak Ridge Estates is one of a residential community, the architecture and construction of any building used as a business shall conform to residential appearance. (e.g. not warehouse, shopping center, parking lot, fast food restaurant). The outside walls of any commercial building shall have a minimum of twenty (20) percent masonry construction consisting of brick, ledgestone, fieldstone or native types of stone veneer.

Restriction 3.
No building, other than a single family residence containing not less than 900 square feet, exclusive of open porches, screen porches, breezeways, car ports or garages, shall be erected or constructed on any residential lot or part of lot conveyed as a separate rate building site in Oak Ridge Estates. Servants quarters and guest houses may he constructed on said lots after completion of permanent residence. The outside wall area of the permanent residence shall have a minimum of twenty (20%) percent masonry construction, consisting of brick, ledgestone, fieldstone or native types of stone veneer.


1/18/93 deleted 10/22/97 Oak Ridge Estates Unit numbers are defined in Appendix A. Although Masonry construction is defined as "consisting of brick, ledgestone, fieldstone or native types of stone veneer",the committee feels that stucco construction would also qualify under the definition, and therefore, would approve if all other criteria were met. Horseshoe Bay and Meadowlakes define stucco as masonry as well.(Deleted on 10/22/97)

10/22/97 Many residents have built a workshop, playhouse or storage building adjacent to their house. After completion of the permanent residence and with prior approval of the plans (see restriction number 4), this is permissible. When such structure(s) is located so as to be in view to a casual observer on the street, the architecture of such building(s) must conform to the general appearance of the permanent residence.

Restriction 4.
No building, structure or fences shall be erected or constructed on any lot or part thereof conveyed as a separate building site until the building plans, specifications, design, size construction, and location on the property have first been approved in writing by an officer, agent or representative of Oak Ridge Estates, and buyer agrees to abide by set-back designations as to minimum and maximum set-backs from front and rear property lines and side lines.

1/18/93 Many Oak Ridge Estates property owners own additional lots other than where their main residence is located for a variety of reasons. Each of these lots are governed individually by the Restrictions, however, the Committee feels the issue of fences needs some interpretation and clarification. Many of our residents use the additional lot(s) as gardens and install fences to protect their plants. The Committee feels the use of these fences for this purpose is acceptable, but approval should he obtained in advance of installation.

10/22/97 Once a home is built, the home lot or adjacent commonly owned lot may be used for any purpose consistent with a residence such as boat or RV storage. This precludes the prior building of boat docks or boathouses but not a retaining wall. A boat dock and/or boat house may be built prior to the construction of a residence if it done as part of an approved plan for the construction of a permanent residence.

From time to time a property owner wants to improve a lot with landscape in advance of building a house on it. The improvement may include trees or other landscape materials, protective fencing (for trees or shrubs), sprinkler system water pump or retaining wall but no building. Upon reviewing the plans (see restriction number 4) if, in the opinion of a majority of the acting POA Board of Directors, the improvement will enhance the residential appearance of the neighborhood, permission may be granted for the improvement.

Restriction 5.
No Improvements shall be erected or constructed on any lake front lot nearer than 10 feet from the 825 mean contour line, or 10 feet from the back line of off shore lots, 20 feet from the street line of all lots and 5 feet from side property lines of all lots, except where such side line is a street line, then no nearer than 10 feet from such street line on all corner lots.


1/18/93 The Committee will determine that all measurements are made from the structure foundation and not the edge of the overhang, The committee feels that it is reasonable to exclude boat docks, piers, and associated decking from the part of the restriction that states "No improvements shall be erected or constructed on any lake front lot nearer than 10 feet from the 825 mean contour line."

10/22/97 With permission of the POA, driveways, sidewalks and/or fences may be constructed within the setbacks. However, if access is required to the utility easements and/or road right of ways, the removal cost and repair of any damage will be at the expense of the property owner.

Restriction 6.
No building or structure shall be occupied or used until the exterior thereof is completely finished.

No interpretation needed.

Restriction 7.
No structure of any kind, including mobile homes and trailer houses, shall be moved onto any lot of the subdivision.


1/18/93 The Committee interprets this restriction to mean that the permanent placement of mobile homes, trailer houses or any "move-on house" is prohibited on any lot. However, the restriction does not preclude the storage of RV's (including motor homes, travel trailers, and fifth wheels) and/or boats and boat trailers if a completed single family residence is on the lot, RV's may not be utilized for permanent occupancy.

10/22/97 This restriction does not preclude parking a boat, recreational vehicle or travel trailer on a lot adjacent to a completed single family residence or on an adjacently owned lot. See also #12 for limitations.

This restriction does not preclude a pre-built workshop or storage building being permanently placed if a completed single family residence is on the lot or adjacently owned lot. The pre-built building must conform to the general architectural appearance of the residence including paint colors, trim and style if the building is visible from the street. Also see restriction number 3.

Restriction 8.
No outside toilet shall be installed or maintained on any premises and all plumbing shall be connected with a sanitary sewer or septic tank approved by the State and Local Departments of Health. No septic tank and field line shall be located nearer than 50 feet from the 825 foot mean contour line of Lake Lyndon H. Johnson, and all garbage shall be disposed of at the place provided therefor by the subdivider or hauled from the subdivision.


1/18/93 Since the Lower Colorado River Authority (LCRA) must approve all septic and/or sanitary sewer systems, the Architectural Committee will defer all responsibility for approving these types of systems to the LCRA.

An exception to the placement of an outside toilet on a lot shall occur during construction of the residence. It is expected that the contractor will provide a self-contained portable toilet for the workers at the beginning of construction and maintain it until construction is completed.

10/22/97 When a septic system and/or laterals will be located on a non- contiguous lot to the permanent residence, a diagram showing the location of this system and its connecting plumbing must be provided along with the house plans to the POA Architectural Committee for its review and approval. A road repair deposit or fee may be imposed at the discretion of the POA.

Restriction 9.
No animals or birds, other than household pets, shall be kept on any lot in the subdivision except on acreage tracts and then only with the consent of the subdivider.


11/18/93 "Acreage tracts" is defined in Appendix A. Since the original subdivider (T.G. Houston and D.B, Polk) conveyed responsibility for the subdivision to the POA, the "consent" required in this restriction will be provided by the POA Board of Directors.

10/22/97 Dogs and cats are household pets. Any other animal or bird would only be a household pet if it is normally kept inside the residence.

Restriction 10.
An assessment of $20.00 per lot per year shall run against each lot and any part of lot conveyed as a separate building site in said subdivision for the maintenance of the park and beach areas, and for all improvements maintained for the benefit of the subdivision. Such assessment shall be and is hereby secured by a lien on each lot respectively, and shall be payable to the Seller in Llano Texas on the 1st day of May each year, commencing May 1, 19_ or to such other persons as Seller may designate by Instrument filed of record In the office of the County Clerk or Llano County, Texas.


10/22/97 The POA should NOT subordinate our lien to a mortgage lender. However, the POA should be willing to provide a lender with a "60 day" letter in which the POA would agree to provide the lender appropriate notification before initiating foreclosure proceedings.

Restriction 11.
All property owners and members of their families shall have ingress and egress to the lake and to the park area, as shown on plat of Oak Ridge Estates Unit No. 1. All parks, lake and beach Improvements shall be available for use to property owners and their families at their own risk.


10/22/97 All neighborhood common areas are available for use by property owners, their families and accompanied guests at their own risk. Individually owned property is not to be used for lake ingress and egress or any other use without express permission of the property owner. The POA may charge a usage fee for any facility built, renovated and/or operated by the Property Owners Association.

Restriction 12.
No noxious, offensive, unlawful or Immoral use shall be made of the premises. No "for sale" sign shall be placed on any lot in Oak Ridge Estates Subdivision without the written consent of a co-partner, and seller is hereby expressly authorized to enter upon any lot and remove such sign.


10/22/97 No unlawful use shall be made of the premise. This includes uses which are prohibited by Llano County ordinance, State of Texas laws and United States federal laws.

Noxious, offensive or immoral use may be subject to individual interpretation. Any property owner may take individual legal action to remedy what they deem noxious, offensive, unlawful or immoral (see restriction number 13)

For purposes of general interpretation, it is the opinion of the POA that noxious, offensive or immoral uses of the premises shall include but shall not be limited to:
  • noise (including music, voices, construction, motors, splashing) should not be heard by neighbors after 10 PM or before 7 AM.
  • Illumination should not interrupt the privacy, serenity or sleep of any neighbor.
  • odors (including but not limited to: effluent, compost, animal waste, garbage, chemicals) should not be detected by any neighbor or passerby on any street.
  • Unattended fires are dangerous and are strictly forbidden.
  • Lots which are not mowed or cleared of debris, for the safety and appearance of the neighborhood will be considered a violation of this restriction. Violators will be notified in writing and be given 30 days to respond, If no response is received in that period the POA may mow the property or clear the debris and will charge the owner for the associated expense.
  • The outside parking by a single household of more than one RV or travel trailer and up to three recreational, boat or utility trailers on any residential lot with a permanent residence or adjacent commonly owned lot is prohibited. Occasionally residents have house guests who travel with their RV or recreational trailer. The above limits may be exceeded in that case for no more than 30 contiguous days during any three-month period.
  • As camping normally involves a structure, no camping or overnight stays will be permitted on any lot in Oak Ridge Estates until such time as a permanent residence has been constructed on the lot or the owners adjacent lot. The intent of this restriction is not to preclude an occasional camp out in the back yard of a residence.

The "For Sale" signs which are not permitted are signs advertising real property, ( house, business or lot) for sale, for rent, for lease, open house, or available. Such "For Sale" signs are not to be placed on any lot. Such signs should not be located anywhere on a lot so as to be visible from any Oak Ridge street or public water way. Such signs could therefore, not be placed on a boat dock even though the dock may not be a part of an Oak Ridge lot.

It is customary for neighborhood residents to sell personal items from time to time, especially when moving or cleaning out their garages. However, it would not be appropriate to establish a "flea market" or other on-going sales operation on any residential lot this would be deemed a business use and would be prohibited. For sale signs not to exceed 2' x 2' are permitted on up to three personally owned items on a lot if there is a permanent residence on the lot. These For Sale signs may be displayed for no more than 21 days in any given 3 month period. One garage sale sign will be permitted on a lot if there is a permanent residence on the lot. A garage sale sign may be displayed for no more than 8 days in any given 3 month period.

Restriction 13.
All covenants and restrictions are for the benefit of the entire subdivision, and shall be binding upon the purchaser or his successors, heirs and assigns, and may be enforced by any property owner in said Subdivision.


No interpretation needed

Restriction 14.
Easements, restrictions, exceptions and mineral reservations of record and also as set forth in deed to T. G. Houston and D. B. Polk, in Volume 154, Page 232 et seq., Deed Records of Llano County, Texas, to which deed, and its record thereof reference is made for all pertinent purposes and by such reference shall be deemed a part hereof; and subject to applicable zoning rules and regulations. Seller reserves unto itself a five (5) foot easement along all lot lines for the purpose of installing and servicing public utilities, telephones and water lines.


10/22/97 The five (5) foot easement discussed in this restriction is a further explanation of the five (5) foot easement defined in restriction #5.

When two or more adjacent lots, or parts of lots, are under common ownership, the POA may relinquish the easement between the commonly owned lots, or parts of lots, so long as they are used as one building site. The Property Owners Association will retain a five foot easement along both sides of any new property line. Should an owner request the POA to abandon an easement, the POA must respond in writing to the request. In order for the request to be granted, the owner must agree in writing, to assign to the Property Owners Association a five foot easement along both sides of any new property line subsequently created should the commonly owned adjacent lots or parts of lots be divided in any way.

Appendix A - Definitions

Definitions marked AC were promulgated by the Architectural Committee and adopted on January 18, 1983.

Definitions marked BD are currently being considered by the Board of Directors.

AC--Property Owners Association of Oak Ridge Estates, Inc. (POA)


The "Property Owners Association of Oak Ridge Estates, Inc. (POA)" was formed as a legal entity by virtue of the Certificate of Incorporation issued by the State of Texas on November 15, 1982. The transfer of authority from the original developers (T. G. Houston & D. B. Polk) to the POA was accomplished through the Assignment of rights to Assessment dated July 16, 1985 and filed in Llano County Texas on July 18, 1985.

AC--Seller


"Seller" is defined as the property Owners Association of Oak Ridge Estates, Inc. (POA).

AC--Co-Partner


Oak Ridge Estates was initially developed as a Co-partnership composed of T. G. Houston & D. B. Polk; therefore, they became known as Co-partners.

AC--Officer, Agent, or Representative of Oak Ridge Estates


Defined as Property Owners Association of Oak Ridge Estates, Inc, (POA)

AC--Subdivider


"Subdivider" is defined as Property Owners Association of Oak Ridge Estates, Inc. (POA).

AC--Oak Ridge Estates Unit No.


Oak Ridge Estates is composed of five (5) Units, 1, IA, 2, 3, & 6.

AC--Business Lots


"Business Lots" are those lots originally designated for business establishments by the Co-Partners (T. G. Houston & D. B. Polk). Those lots are identified as 52R through 59R, Unit I and Tract 1, Unit 2.

BD--Business Lots


In addition to the lots originally designated for business establishments by the Co-Partners referred to above, Lot 1, Unit III was designated as business under the terms of the agreed judgment entered in the case of Cogswell vs. Oak Ridge Estates Property Owners Association, Inc. Cause # 10,416. The Rule 11 Agreement is dated August 13, 1997.

AC--Acreage tracts


"Acreage Tracts" are defined as multi-acre lots within the subdivision.

AC--Lower Colorado River Authority (LCRA)


The "Lower Colorado River Authority (LCRA)" was formed, in part, to reduce, abate or prevent pollution, or injury to public health in the Highland lake area. Their two basic areas of jurisdiction as they apply to Oak Ridge Estates are as follows:

Restricted Zones:

The Lake Lyndon B. Johnson restricted zone is the area which is within 200 feet of the 825 foot msl contour line measured horizontally away from the lake.


Water Quality Zones:

The water quality zones are those portions in the lakes drainage areas within 2,000 feet measured horizontally away from the outer boundary of the restricted zone.

BD--During Construction


That period of time when any structure, including a residence, servants quarters, fence, storage facility, workshop, septic system, boat dock, boat house, or retaining wall is being built or restored.

The period must begin after the Oak Ridge POA has approved the Architectural plans for the construction project and end within two (2) months after:
  • no apparent/obvious construction occurs
  • or use of the constructed structure begins
whichever occurs first.

Construction must be in progress. It should be obvious and apparent to a casual observer; that there is construction activity each week.

BD--BUILDING


Roofed and walled structure intended for permanent use.

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Oak Ridge