Walnut Place Subdivision Deed Restrictions by Section

 
  • 1. All of said property shall be used for residence purposes only.

    2. No part of any said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    3. No trailer, basement, tent, shack, garage, barn or other out-building, except permanent servants' quarters, erected on any part of said property shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character ever be used as a residence.

    4. No residence erected or placed on any of said property shall have a ground floor area of less than 1,000 square feet, excluding porches, garages, car-ports, and store rooms and closets other than those in the livable portion of the house.

    5. No building shall be erected or placed on any of said lots, nor shall any existing structure be altered, until the building plan and specifications and a plot plan have been submitted to and approved in writing by Carl A. Feuerbacher or Veatrice Feuerbacher, or a representative by them designated in writing, or, it the event of the death or incapacity of the said Carl A. Feuerbacher or Veatrice Feuerbacher, then by their personal representative or a representative designated in writing by such personal representative. If said building plans and specifications and said plot plan be not approved or disapproved within 30 days or if no injunctions suit shall have been commenced prior to the completion of the work, then proper approval of the building plans and specification and of the plot plan shall be conclusively presumed to have been had and obtained.

    6. Each residence erected on any of the above described property shall be set back at least 25 feet from the front property line, shall not be nearer than 12 feet to any side street line, and shall not be nearer than 10 feet to any inside property line provided also that there shall be not less than a total of 25 feet when the clearance on both sides are added; and there shall be a difference of at least 4 feet in the front setback lines between all adjoining residences.

    7. Not more than one dwelling house, which shall be a single family dwelling unit, with necessary servants' quarters and garages, shall be erected, placed, or permitted to remain on any building plot. All garages or car-ports shall be attached to main dwelling. Any out-buildings are to be at the back of building plot and at least 3 feet from back property line and at least 10 feet from side property line, and not nearer than 12 feet to side street. All out-buildings shall be of the same type constructions as the main dwelling except that there need not be any masonry, and the inside need not be finished.

    8. For the purpose of these restrictions, a "building plot" shall consist of a lot as shown on plat or parts of lots having a contiguous frontage of not less than 100 feet on a street, except lots facing dead end circles. No lot shall be resubdivided so as to admit an additional dwelling facing on a side street, or for any other purpose.

    9. The dwelling shall be recognized standard construction with a minimum of 10 percent (10%) net exterior wall surface composed of masonry materials.

    10. Easements are reserved as indicated on plat for public utility installation and maintenance.

    11. No building shall front on Springdale Road.

    12. These covenants, conditions, and restrictions shall be binding on the undersigned and on all persons claiming under him until January 1, 1975, and thereafter for successive periods of 10 years, unless by a majority vote of the then owners of the above described property said covenants, conditions and restrictions are revoked or amended.

    13. The foregoing covenants, conditions, and restrictions shall be deemed to be covenants running with the land, and by the acceptance of a deed to any part of the above described property each grantee shall thereby bind himself, his heirs, assigns, and legal representatives, faithfully to keep and observe each of the same.

    14. In the event any person shall violate, or attempt to violate, or fail to perform or observe any of the foregoing covenants, conditions, and restrictions, then any person owning any part of the above described property shall be authorized to enjoin such violation, or proposed violation or to recover damages for such violation and to that end, to institute and prosecute appropriate proceedings either in law or in equity; and the undersigned, their heirs, assigns, or legal representatives, may also institute and prosecute any such proceedings, without being obligated to do so.

    15. If any of the foregoing covenants, conditions, and restrictions shall be invalidated by any judgment or other court order, the remaining covenants, conditions, and restrictions shall not be affected thereby, and they shall remain in full force and effect.

    SECTION 1 Owner: Carl A. or Veatrice Feuerbacher Recorded Sept 24, 1957

    SECTION 2 Owner: Carl A. or Veatrice Feuerbacher March 26, 1963

  • 1. All of said property shall be used for residence purposes only.

    2. No part of any said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    3. No trailer, basement, tent, shack, garage, barn or other out-building, except permanent servants' quarters, erected on any part of said property shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character ever be used as a residence.

    4. No residence erected or placed on any of said property shall have a ground floor area of less than 1,200 square feet, excluding porches, garages, car-ports, and store rooms and closets other than those in the livable portion of the house.

    5. No building shall be erected or placed on any of said lots, nor shall any existing structure be altered, until the building plan and specifications and a plot plan have been submitted to and approved in writing by Carl A. Feuerbacher or Veatrice Feuerbacher, or a representative by them designated in writing, or, in the event of the death or incapacity of the said Carl A. Feuerbacher or Veatrice Feuerbacher, then by their personal representative or a representative designated in writing by such personal representative. If said building plans and specifications and said plot plan be not approved or disapproved within 30 days or if no injunctions suit shall have been commenced prior to the completion of the work, then proper approval of the building plans and specification and of the plot plan shall be conclusively presumed to have been had and obtained.

    6. Each residence erected on any of the above described property shall be set back at least 25 feet from the front property line, shall not be nearer than 12 feet to any side street line, and shall not be nearer than 10 feet to any inside property line provided also that there shall be not less than a total of 25 feet when the clearance on both sides are added; and there shall be a difference of at least 4 feet in the front setback lines between all adjoining residences.

    7. Not more than one dwelling house, which shall be a single family dwelling unit, with necessary servants' quarters and garages, shall be erected, placed, or permitted to remain on any building plot. All garages or car-ports shall be attached to main dwelling. Any out-buildings are to be at the back of building plot and at least 3 feet from back property line and at least 10 feet from side property line, and not nearer than 12 feet to side street. All out-buildings shall be of the same type constructions as the main dwelling except that there need not be any masonry, and the inside need not be finished.

    8. For the purpose of these restrictions, a "building plot" shall consist of a lot as shown on plat or parts of lots having a contiguous frontage of not less than 100 feet on a street, except lots facing dead end circles. No lot shall be resubdivided so as to admit an additional dwelling facing on a side street, or for any other purpose.

    9. The dwelling shall be recognized standard construction with a minimum of 10 percent (10%) net exterior wall surface composed of masonry materials.

    10. Easements are reserved as indicated on plat for public utility installation and maintenance.

    11. No building shall front on Springdale Road.

    12. These covenants, conditions, and restrictions shall be binding on the undersigned and on all persons claiming under him until January 1, 1980, and thereafter for successive periods of 10 years, unless by a majority vote of the then owners of the above described property said covenants, conditions and restrictions are revoked or amended.

    13. The foregoing covenants, conditions, and restrictions shall be deemed to be covenants running with the land, and by the acceptance of a deed to any part of the above described property each grantee shall thereby bind himself, his heirs, assigns, and legal representatives, faithfully to keep and observe each of the same.

    14. In the event any person shall violate, or attempt to violate, or fail to perform or observe any of the foregoing covenants, conditions, and restrictions, then any person owning any part of the above described property shall be authorized to enjoin such violation, or proposed violation or to recover damages for such violation and to that end, to institute and prosecute appropriate proceedings either in law or in equity; and the undersigned, their heirs, assigns, or legal representatives, may also institute and prosecute any such proceedings, without being obligated to do so.

    15. If any of the foregoing covenants, conditions, and restrictions shall be invalidated by any judgment or other court order, the remaining covenants, conditions, and restrictions shall not be affected thereby, and they shall remain in full force and effect.

    Owner: Carl A. or Veatrice Feuerbacher March 26, 1963

  • 1. DESIGNATION OF USE: All lots as shown on the plat of said subdivision shall be used for single family residential purposes with not more than one residence on any lot. No trade, profession, business or commercial purpose of any kind shall be carried on, within or on any of said lots, nor shall anything be done thereon which may create or become any annoyance or a nuisance to the neighborhood, nor shall storage tanks containing inflammable fluids or gases be maintained above the surface of the ground.

    2. RETENTION OF EASEMENTS: Easements are reserved as indicated on the recorded plat for drainage easements and utility installation and maintenance. No overhead lines for public or private use shall be permitted in this subdivision.

    3. TEMPORARY STRUCTURES AND GARAGE APARTMENTS: No tent, shack, mobile home, house trailer, garage apartment or other outbuilding shall be placed, erected or permitted to remain or ["on"?] any of said lots nor shall any structure of any temporary character by used at any time as a residence thereon.

    4. SIZE AND CONSTRUCTION OF DWELLINGS, SEPARATE GARAGES AND GUEST HOUSES: All dwellings shall be of recognized standard construction with outer walls composed of at least seventy-five per cent (75%) masonry by area in the event that the dwelling is more than one story only the first story shall be required to be at least 75% masonry, except as provided below. The dwelling, if one-story shall not contain less than fourteen hundred (1,400) square feet in the house proper, exclusive of garage and porches; if the dwelling is one and one-half stories, not less than one thousand two hundred (1,200) square feet of ground floor area must be in the house proper, exclusive of garage and porches; if the dwelling is two full stories, not less than one thousand (1,000) squre feet of ground floor area must be in the house proper, exclusive of garage and porches. Each house must have at least a two car garage unless approval is obtained as outlined in paragraph 6. A separate garage building, servants quarters of one story, or a one-story guest house not to exceed six hundred (600) square feet of floor area will be permitted provided that such structure or structures be attached to the main walls of the dwelling by the same construction and percentage of area of masonry as the main dwelling; provided that the main dwelling be substantially completed prior to erection of such structure or that they be built simultaneously and provided further that all other restrictions, covenants, conditions and uses herein are complied with. Ornamental structures, fences, hedges and walls shall not be permitted to extend forward of the front wall line of the respective dwelling unless approved in writing by the developer or in the alternative by the architectural committee referred to under Paragraph No. 6.

    5. SET-BACK: FRONT LINE AND REAR LINE: SIDEWALKS: No structure shall be located or erected on any lot nearer to the front plot line than as indicated by the "building line" shown on the recorded plat of said subdivision, nor nearer than five (5) feet to any side plot line except that the total combined set- back from both sides shall in no event be less than fifteen (15) feet nor nearer than twenty (20) feet to the rear plot line unless first approved by the architectural committee. Within one year from date of purchase of upon completion of the dwelling it shall be the sole responsibility of each lot owner to construct a sidewalk upon his lot beginning 36" from the edge of the curb. The sidewalk shall be 42" wide. Said sidewalks shall comply with the code ofh the City of Austin, 1967, according to Sections 31- 23, A-S, regulating the construction and design of sidewalks in the City of Austin. No radio or television or guy wires shall be maintained on any portion of any lot forward of the front wall line of the respective dwelling.

    6. ARCHITECTURAL CONTROL: 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, composed of John T. Jones, Jr., and Charles R. Wayson, reserves the right to regulate and control the dwellings or structures or other improvements placed on each lot. No dwelling, wall fence 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 or the architectural committee or by an appointee of the architectural committee. Refusal or approval of the plans and specification by the developer or by the architectural committee may be based on any grounds including purely aesthetic grounds which in the sole and uncontrolled discretion of the developer or architectural comittee shall seem sufficient. No alterations in the exterior appearance of any dwelling or structure shall be made without like approval. No dwelling or other structure shall remain unfinished for more that one (1) year after the same has been commenced.

    7. ANIMALS: No animals, livestock or poultry shall be raised, bred or kept on any lot except that cats, dogs, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.

    8. CLEANLINESS: No trash, ashes or other refuse may be thrown or dumped on any vacant lot, park or drainage area in said subdivision.

    9. GENERAL PROVISIONS: These provisions are hereby declared to be restrictions, conditions, covenants and uses running with the land and shall be fully binding on all persons acquiring property in Walnut Place Section 4 whether by descent, devise, purchase or otherwise and every person by the acceptance of title to any lot in this subdivision shall thereby agree to abide by and fully perform the foregoing restrictions, conditions, covenants and uses which shall be binding until September 15, 1990. On and after September 15, 1990, said restrictions, conditions, covenants and uses which shall be automatically extended for successive periods of ten (10) years unless changed in whole or in part by a vote of three-fourths (3/4) majority of the then owners of the lots in Walnut Place Section 4, each lot or plot to admit of one (1) vote.

    10. PENALTY PROVISIONS: if any person or persons shall violate or attempt to violate any of the above restrictions, conditions, covenants and uses, it shall be lawful for any person or persons owning any of the lots in Walnut Place Section 4 to prosecute proceedings in law or in equity against the person or persons violating or attempting such violation to prevent him or them from so doing, or to recover damages for such violation. 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 covenants, conditions, restrictions and uses.

    INVALIDATION of any one or part of these conditions, restrictions, covenants and uses by judgment or Court Order shall in no wise affect any of the others which shall remain in full force and effect.

    Owner: the Vara Corporation Filed Sept. 29, 1970

  • Building in this subdivision shall be restricted to single family dwellings only.

    Each house constructed in this subdivision shall be connected to a septic tank with a capacity of not less than 750 gallons and with a drain field of not less than 150 feet and shall be installed in accordance with the regulations of the County Health Officer and shall be inspected and approved by such officer. This restriction is enforceable by the Travis County Health Unit and/or the subdivider.

  • I. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling. This prohibits the building of a duplex on any lot.

    II. The total floor area of the main structure or dwelling, exclusive of one-story open porches and garages, built on any lot in Walnut Place, Section Six, shall contain no less than 1,650.00 square feet.

    III. Seventy-five per cent (75%) of the area of the exterior walls of each dwelling erected on any above cited lots shall be masonry construction. No carports will be permitted. Each garage shall have no less than three enclosed sides.

    IV. No building shall be located nearer than five feet to an interior lot line. No building shall be located on any interior lot nearer than 15 feet to the rear lot line.

    V. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Recorded Plat.

    VI. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

    VII. No sign of any kind shall be displayed to the public view on any lot except 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 the construction and sales period.

    VIII. No oil drilling, oil development operations, oil refining, quarrying, or mining operations, of any kind, shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mining excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.

    IX. No part of any of said property shall ever be used for a business or commercial purpose or for carrying on any trade or profession.

    X. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for a commercial purpose.

    XI. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

    XII. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be placed on any lot at any time as a residence either temporarily or permanently.

    XIII. No lot may be resubdivided.

    XIV. No fence, wall, hedge or shrub planting which obstructs sightlines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sightline.

    XV. No fence, wall, or hedge shall be built or maintained forward of the front wall line of any house erected on any lot, except for trellises, and decorative fences included in the architectural design of the house, and these shall be no more than 15 feet from the front house wall line.

    XVI. No existing dwellings shall be moved onto any above cited lot in this subdivision.

    XVII. These restrictions, covenants and easements are hereby declared to be covenants, easements and restrictions running with the land and shall be binding upon all persons acquiring title to property in this subdivision, whether by descent, devise, purchase, or in any manner whatsoever, and any person or persons in accepting title to any lot or plot in this subdivision shall thereby agree and covenant to abide by and fully perform the restrictions and covenants herein set out.

    XVIII. If any person or persons shall violate any of the restrictions and covenants herein, it shall be in order for any other person or persons owning real property in this subdivision to prosecute any proceedings at law or in equity against the persons or persons violating or attempting to violate any restriction, easement or covenant stated herein and either prevent him or them from doing so or to require him or them to correct such violation, or to recover damages or other dues for such violating.

    XIX. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

    XX. Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

    Owner: Dennis M. Bethke Filed July 28, 1975

Map of Sections