Village 5 VOL 637 PAGE 191

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1 Village 5 VOL 637 PAGE 191 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WILLIAMSON X 782" THAT THE ANDERSON MILL JOINT VENTURE, a joint ventur e of National Housing Industries, Inc., a Delaware corporation, Lumbermen's Investment Corporation, a Texas corporation an d Southern Union Realty Company, a Delaware corporation is th e sole owner of Millrun Village at Anderson Mill, a subdivision comprising acres of land out of the William Frampto n Survey, Abstract 230, conveyed to the Anderson Mill Join t Venture by deed recorded in Volume 579, Page 672, of th e Deed Records of Williamson County, Texas, as shown by map s or plat of said Millrun Village at Anderson Mill, recorde d in Book 10, Pages 72, 73 and 74, Plat Records of Williamson County, Texas, and as owners thereof, the Anderson Mil l Joint Venture desires to adopt a plan for the development o f Millirun Village at Anderson Mill, which shall be binding o n the Anderson Mill Joint Venture and upon its successors i n title to the land in said Millrun Village at Anderson Mill. NOW THEREFORE, the Anderson Mill Joint Venture, joine d herein by REPUBLIC NATIONAL BANK, a national, banking corporation, having its principal offices in Dallas, Dallas County, Texas, acting by and through their duly authorized officers, do hereby make the said Millrun Village at Anderson Mill, subject to the following restrictive covenants ; and Republi c National Bank by joining in the execution of these restrictiv e covenants does hereby subordinate the deed of trust lien s which it now holds on the above described property to sai d restrictive covenants set out herein, to wit : A A-1 LAND USE AND BUILDING TYPES. No lots shall be used except for residential purposes. On each residentia l lot, no building shall be erected, altered, placed o r permitted other than a detached, single family dwelling

2 2 637 PAGE 19 not to exceed two stories in height, with an attache d private garage or carpor t, for not more than three cars. A-2 ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any lot until a copy of the co n struction plans, specifications and a site plan ha s been submitted and approved by the Architectural Contro l Committee. Said plans shall remain in the possessio n of said committee until this subdivision has been buil t in its entirety. The committee's approval or disapprova l as required in these covenants shall be in writing. In the event the committee, or its designated represent ative, fails to approve or disapprove within 30 day s after plans and specifications have been submitted t o it, or in any event, if no suit to enjoin the constructio n has been commenced prior to the completion thereof, approval will not be' required and the related covenant s shall be deemed to have been fully complied with. The committee is authorized in its sole discretion t o grant a deviation from the requirements contained i n paragraphs A-3, A-4, A-4a, A-4c, A-5, A-16, A-17. A-3 DWELLING COST, QUALITY, AND SIZE. No dwelling, exclusiv e of open porches, garages, carports and patios, shall b e permitted on any lot at a cost of less than $25,000.00, based on cost levels prevailing on the date thes e covenants are recorded, it being the intention an d purpose of this covenant to assure that all dwelling s shall be of a quality of workmanship and material s substantially the same or better than that which can be produced on the date these covenants are recorded a t the minimum cost stated herein for the minimum permitte d dwelling size. The ground floor area of the main structure, exclusive of one story open porches an d garages, shall be not less than 1,400 square feet for a one story or split level dwelling, not less than 1,00 0 square feet for a dwelling of more than one story and

3 not less than 1,800 square feet for the combined are a 3 of the first and second floors. A-4 SET BACK REQUIREMENTS. For the purposes of thes e covenants, eaves, steps and open porches shall not b e considered as a part of a building, provided, however, that this shall not be construed to permit any portio n of a building on a lot to encroach upon another lot. L A-4a FRONT YARD REQUIREMENTS. No building shall be locate d on any lot nearer to the front lot line than 25 feet, nor further than 40 feet back, nor nearer than 15 fee t to the side line if said side line is a street. In cases where a corner lot has 25 foot building setbac k lines indicated by the plat along both streets, th e Architectural Control Committee may rule one setbac k line be changed to 15 feet. A-4b SIDE YARD REQUIREMENTS. No building shall be locate d on any lot nearer than 5 feet to the interior lot line. The combined total side yard requirements are as follows : Lots 60' wide or less - 10 ' Lots up to and including 61' wide - 11 ' Lots up to and including 62' wide - 12 ' Lots up to and including 63' wide - 13 ' Lots. up to and including 64' wide - 14 ' Lots 65'. wide and wider The width of the lot shall be determined by adding th e total distance between the side lot lines at the fron t property line and at the rear property line and divid e that total distance by two. The rear property line(s ) are construed to be those generally running parallel with the street. Side yard lines are construed to be those generally running perpendicular to the street. In the case of irregular shaped lots where a clear

4 VOL. 637 PAGE 19 4 differentiation cannot be made between rear an d side lot lines, the Architectural Control Committee wil l rule and determine the lot width. A-4c REAR YARD REQUIREMENTS. No part of the main buildin g including garages and carports shall be located neare r than 15 feet from the rear property line. In the cas e of irregular shaped lots where a clear differentiatio n cannot be made between rear and side lot lines, th e Architectural Control Committee will rule and determin e the rear yard location. A-5 FENCES, WALLS, HEDGES. No exterior fences, walls an d hedges may be erected, placed or altered on any lo t until plans and specifications showing the constructio n and location of such walls, fences, or hedges ar e submitted to the Architectural Control Committee an d approved as to design, materials, and height. No hedge, fence or wall may be erected, placed or altere d on any lot nearer to any street than the building setback line on that lot, unless approved by the Arch i tectural Control Committee. A-6 LOT AREA AND WIDTH. No dwelling shall be erected o r placed on any lot having a width of less than 60 fee t at the minimum front building setback line nor shall any dwelling be erected or placed on any lot having a n area of less than 7,000 square feet. No resubdivisio n shall be permitted that would increase the total numbe r of lots within Millrun Village at Anderson Mill. A-7 EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear seven an d one half feet of each lot. Within these easements, no

5 structure, planting or other material shall be place d or permitted to remain which may damage or interfer e with the installation and maintenance of utilities, o r 5 19 which may change the direction of flow of drainag e channels in the easements, or which may obstruct o r retard the flow of water through drainage channels i n the easements. The easement area of each lot and al l improvements in it shall be maintained continuously b y the owner of the lot, except for those improvements fo r which a public authority or utility company is respon sible. A-8 NUISANCES. No noxious or offensive activities shall b e carried on upon any lot, nor shall anything be don e thereon which may be or may become an annoyance o r nuisance to the neighborhood. A-9 TEMPORARY STRUCTURES OR EMPLACEMENTS. No structure o r placement of a temporary character, mobile home, trailer, derelict, junk or racing vehicle, or any vehicle without a current license plate, or tent, shack, barn or othe r outbuildings that are larger than 8 feet by 10 feet i n width and length and 8 feet high shall be erected, placed driven, altered or permitted to remain on any lot at any time, either temporary or permanent withou t the prior consent of the Architectural Control Committee. No residential building or mobile home may be move d upon any lot in this addition and be used as a residence. A-10 SIGNS AND SALES PROGRAM. No signs of any kind shall b e displayed for public view on any lot except one profe s sional sign of not more than one square foot, one sig n of not more than 5 square feet advertising the property for sale or rent or signs used by builder to advertis e the property during the construction and sale period.

6 VOL 637 PAGE 619 All merchandising, advertising, and sales programmin g in Millrun Village at Anderson Mill, shall be subjec t to approval by the developer and shall be in conformit y with the general marketing plan for Millrun Village a t Anderson Mill. For sale signs used to market all ne w homes shall be those approved by the Anderson Mil l Joint Venture. A-11 OIL AND MINING OPERATIONS. No oil drilling, oil develo p ment operations, oil refining, quarrying or minin g operations at any time shall be permitted upon or i n any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use i n drilling for oil or natural gas shall be erected, maintained or permitted upon any lot. A-12 LIVESTOCK AND POULTRY. No animals, livestock or poultr y of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may b e kept provided that they are not kept, bred or maintaine d for any commercial purposes. A-13 GARBAGE AND REFUSE DISPOSAL. No lot shall be used o r maintained as a dumping ground for rubbish, trash, garbage or other waste and the same shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of suc h material shall be kept in a clean and sanitary condition. A-14 WATER SUPPLY. No individual water supply system shal l be permitted on any lot. A-15 SEWAGE DISPOSAL. No individual sewage system shall b e permitted on any lot.

7 197 A-16 SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstruct sight lines at eleva tions between 2 and 6 feet above the roadways shall b e placed or permitted to remain on any corner lot withi n the triangular area formed by the street property lin e and a line connecting them at points 25 feet fro m intersection of the property lines, or in the case of a rounded property corner, from the intersection of th e street property lines extended. The same sight lin e limitation shall apply on any lot within 10 feet from an intersection of a street property line with the edg e of a driveway or alley pavement. No tree shall b e permitted to remain within such distances of suc h intersection unless the foliage line is maintained a t sufficient height to prevent obstruction of such sigh t lines. A-17 MASONRY REQUIREMENTS. Residences located on interio r lots shall have a minimum of 50% of their exterio r walls of the first floor of stone or masonry constru c tion. Residences located on corner lots shall have a minimum of 60% of their exterior walls facing street s of stone or masonry construction. In computing thes e percentages (1) all gables shall be excluded from the total area of exterior walls ; (2) all windows and doo r opening shall be excluded from the total area of exterio r walls, and (3) stone and masonry used on fireplaces, chimneys, and masonry used on walls of an attache d garage may be included in the computation as stone o r masonry used. A-18 SIDEWALK REQUIREMENTS. All lots within Millrun Villag e at Anderson Mill shall have a concrete sidewalk, installe d at such time as a residence is constructed thereon, along the street right-of-way between the lot line and

8 637 PAGE 198 curb line or within such sidewalk easements as may b e provided on the lot, whichever the case may be, an d construction shall be in accordance with the specifi cations of the City of Austin. B. B-1 ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP. Th e Architectural Control Committee is composed of th e following : Wayne McDonal d James Vie r Roger Beach The majority of the committee may designate a represent a tive to act for it. In the event of death or resignatio n of any member of the committee, the remaining member s shall have the full authority to designate a successor. Neither the members of the committee, nor its designate d representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of the majority of the lots in Millrun Village at Anderson Mill shall have the power, through a duly recorded written instrument, to change the membership of the committee or to restore to it any of its powers or duties as they may pertain t o Millrun Village at Anderson Mill. B-2 PROCEDURES. The committee's approval or disapproval a s required in these covenants shall be in writing. C. C-1 TERM. These covenants are to run with the land an d shall be binding on all parties and all persons claimin g under them for a period of 40 years from the date these

9 VOL covenants are recorded, after which time such covenant s shall be automatically extended for successive period s of 10 years, unless an instrument signed by a majorit y of the then owners of the lots has been recorded, agreeing to change such covenants in whole or in part. C-2 ENFORCEMENT. Enforcement shall be by proceeding in law or in equity, against any person or persons violatin g or attempting to violate any covenant, either to restrai n violation or to recover damages. C-3 SEVERABILITY. Invalidation of any one of these covenant s by judgment or Court Order shall in no wise affect an y of the other provisions, which shall remain in ful l force and effect. WITNESS its hand at Austin, Texas, this 4th day o f June, NO SEAL ANDERSON MILL JOINT VENTUR E By : Herman Chanen, Pres. Herman Chanen, Presiden t National Housing Industries, Inc. NO SEAL By : NO SEAL Wayne McDonald, Presiden t Lumbermen's Investment Corporation By : Roger teach, Gener a REPUBLIC NATIONAL BAN K y l Southern Union Realty Compan NO SEA L John Hamstra, Vice Presiden t -9

Page 1 of 5 THE STATE OF TEXAS: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS:

Page 1 of 5 THE STATE OF TEXAS: COUNTY OF HARRIS: KNOW ALL MEN BY THESE PRESENTS: WESTCHESTER REALTY CO., a Texas corporation, owner of the lands and premises hereinafter described for the purpose of evidencing