306110

DEDICATION, PLAT AND RESTRICTIONS

THE STATE OF TEXAS

COUNTY OF TOM GREEN

WHEREAS, JAMES R. DUNCAN, TRUSTEE, is the owner of that certain 3.316 acre tract of land located and situated in San Angelo, Tom Green County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference; and

WHEREAS, JAMES R. DUNCAN, TRUSTEE, has caused said land described in Exhibit "A" hereto to be subdivided according to a survey made by Wilson, Williams, Langhor & Associates, Registered Public Surveyors, San Angelo, Texas, as shown by the accompanying map or plat thereof;

NOW, THEREFORE, JAMES R. DUNCAN, TRUSTEE, the "Developer" does hereby adopt the accompanying map, designated thereon and to be known as "THE BLUFFS, SECTION TWENTY-THREE" to the City of San Angelo, Texas, as his plan for subdividing the said 3.316 acre tract and the Developer does hereby dedicate to the public forever the streets and easements shown on said map or plat for customary public use as such.

For purposes of protecting the addition and keeping it as an attractive area, JAMES R. DUNCAN, TRUSTEE, hereby places the following restrictions on said Subdivision as covenants running with the land:

1. No buildings or improvements shall be erected, placed, or altered on any tract, and no exterior addition or alterations to any existing building or structure on any tract, and no erection, location or alteration of fences, hedges, walls, signage, or facilities for refuse disposal on any tract shall be commenced, erected or maintained until the construction plans and specifications and a plat showing the location of same have been approved by an Architectural Control Committee, as hereinafter designated, as to quality of workmanship and materials, harmony of external design with existing structures and improvements, and as to location with respect to any setback lines, topography and finished grade of elevation. As a minimum, a preliminary sketch shall be submitted to the Architectural Control Committee, stating the use, or proposed use of the property, and showing the location, height and square footage of all buildings, enclosures, walls, fences or similar structures as well as the materials used or proposed to be used in the construction of such buildings, enclosures, walls, fences or similar structures. All setback distances from the property lines and/or curb lines shall be shown on said preliminary sketch, together with the type, location and height of all exterior lighting equipment, the location, or proposed location, of facilities for refuse disposal, and any proposed signage, including size, location, proposed illumination and the height of any signage. The final plans and specifications, incorporating the preliminary approval by the Architectural Control Committee, shall be submitted to and approved in writing by the Architectural Control Committee, and such Architectural Control Committee approval shall not be deemed to have occurred until such final plans and specifications have actually been approved in writing, as aforesaid.

In the event the Architectural Control Committee (i) fails to issue its written approval or disapproval within thirty (30) days after final plans and specifications have been submitted to it, or (ii) if no submission for approval has been made to the Architectural Control Committee, and if no suit to enjoin the building, addition, alteration or change has been commenced prior

VOL. 147 Pt,GE 160

to sixty (60) days after the completion thereof, then in any of said events, such Architectural Control Committee approval will not be required and compliance with this covenant will be deemed to have occurred.

2. The Architectural Control Committee shall be composed of the Developer, E. Hal Dickson, James A. Duncan and Phillip W. Duncan. Any one member of the Committee is authorized to act for the Committee as a whole and any approval by one member shall be construed as the approval of the Architectural Control Committee necessary or required in these restrictions. In the event of the death or resignation of any member of the Committee, the Developer reserves the right to appoint a successor, and if such successor is not appointed by the Developer, then the remaining members shall have full authority to designate a successor. In the event the Committee fails or refuses to function, then the record owners of the tracts containing at least seventy-five percent (75%) of the square footage of all tracts in the addition under supervision by the Committee shall have the power, by written agreement recorded in the Deed Records of Tom Green County, Texas, to change the membership of the Committee to perform the functions designated thereto.

3. Upon submission of a written request for same, the Architectural Control Committee may, from time to time, in its sole discretion, permit owners to construct, erect or install improvements which are in variance from the architectural standards, covenants or restrictions which are provided herein or which may be promulgated in the future. In any case, however, such variances shall be in basic conformity with and shall blend effectively with the general architectural style and design of the addition. No member of the Architectural Control Committee shall be liable to any owner-for any claim, causes of action, or damages arising out of the grant of any variance to an owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests, such shall be in writing containing all information requested by the Architectural Control Committee in connection therewith, and the grant of a variance to any owner shall not constitute a waiver of the Architectural Control Committee's right to strictly enforce the covenants, restrictions and architectural standards provided hereunder, against any other owner.

4. These covenants and restrictions shall run with and bind the land subject hereto and shall inure to the benefit of the Developer, the Architectural Control Committee, the owner of any tract subject to these restrictions, and their respective legal representatives, heirs, successors and assigns for 2. term of fifty (50) years from the date these restrictions are recorded, and after which time said restrictions and covenants shall be automatically extended for successive periods of ten (10) years unless an instrument electing to abolish said restrictions and covenants, or portions thereof, is signed by the owners of seventy-five percent (75%) of the tracts in said addition (such percentage of owners to be calculated on the basis of the square footage of the tracts owned by each owner as provided in Paragraph 3 above), and recorded in the Deed Records of Tom Green County, Texas, provided, however, no such agreement to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. Notwithstanding the above, these covenants and restrictions may be amended or changed in whole or in part as follows:

(a) During the five-year period immediately following the date of the recordation hereof, the Developer or any successor Trustee of the Developer may amend or change these covenants and restrictions without the consent of the lot owner in the addition; or

-2-

VOL. 147 F/GE 161

THE STATE OF TEXAS

P'&11://' AN, Trustee

(b) With the prior written approval of the Architectural Control Committee, these covenants and restrictions may be amended or changed at any time upon the express written consent of the owners of tracts containing at least seventy-five percent (75%) of the square footage of all of the tracts in the addition. All amendments, if any, shall be recorded in the Office of the County Clerk of Tom Green County, Texas.

5. Any owner of any tract may enforce these covenants and restrictions by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is by way of an injunction or by re-covery of damages, and the failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Architectural Control Committee shall also have the right, not the obligation, to enforce these covenants and restrictions in accordance with the provisions set forth herein, and the Developer shall also have the right, not the obligation, to enforce these covenants and restrictions in accordance with the provisions set forth herein. Violation of these covenants and restrictions shall under no condition bring about a forfeiture of title to any of the tracts in this addition.

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

DATED this 10 day of July , 1989.

COUNTY OF TOM GREEN

This instrument was acknowledged before me on July 10 1989, by JAMES R. DUNCAN, Trustee.

.44.44~...-~~11425-6e\P 44.1,04Jd1 tor etrawel,444 00‘,7T-,,,.....

7 0 d Vivan 0---.& A GINGER A. OLSEN i Notary R blic, State of Texas Notary Public, State of Texas i My Comm. Exp. March 7, 1992 *> printed Name of Notary

114.oltaf4^taNti.tattoltatvce,tow+Nreff4o4v#4.44.er.r~r.tMy Commission expires 3-7-92

FWR/gg/7-7-89/D2/JRD1-JRD3

Ginger A. Olsen

-3--

Yu. 147 H,GE 162

WM. C. WILSON, JR.

AND ASSOCIATES LICENSED STATE LAND & REGISTERED PUBLIC SURVEYORS

PHONE 915/653-3916 - P. 0. BOX 3328

1514 WEST BEAUREGARD AVE.

SAN ANGELO. TEXAS 76902

EXHIBIT "A"

James R. Duncan, Trustee

Description to

for THE BLUFFS Addition, Section Twenty-Three

Dedication

Being 3.316 acres of land, comprised of 2.449 acres out of T. J. Moore Survey 11, Abstract 5908 and 0.867 acres out of B. S. & F. Survey 5, Abstract 101, all in Tom Green County, Texas, and said 3.316 acres also being a part of that certain 518.23 acre tract described in deed recorded in Volume 769 at page 859-864 of the Deed Records of said Tom Green County, Texas and said 3.316 acres of land being described by metes and bounds as follows:

Beginning at a 5/8" iron rod set at fence corner for the Northerly N.W. corner of said 518.23 acre tract and the N.W. corner of this Section Twenty-Three in the South line of Arden Road, said corner having coordinates on the Texas Coordinate System-Central Zone of Y=648,042.75 feet and X=1,943,285.30 feet, and from which a sucker rod found in buried mound of stone for the N.E. corner of Deaf & Dumb Asylum Survey 1 bears S.55°28'22"E. 3004.28 feet.

Thence with the North line of said 518.23 acre tract and the South line of Arden Road, S.89°14'57"E. 520.00 feet to a 5/8" iron rod set for the Easterly N.W. corner of Section Two of THE BLUFFS Addition and a corner of this Section Twenty Three, said corner having coordinates on the Texas Coordinate System-Central Zone of Y=648,035.94 feet and X=1,943,805.26 feet and being at the beginning of a curve to the right having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord course and distance of S.44°14'57"E. 28.28 feet.

Thence with a line of said Section Two and with said curve to the right a curve length distance of 31.42 feet to a 5/8" iron rod set at the end of curve and the beginning of another curve to the right having a radius of 1931.19 feet, a central angle of 12°48'04" and a long chord course and distance of S.7°09'05"W. 430.57 feet.

Thence continuing with a West line of said Section Two and the West line of Weston Road and with said curve to the right, at a curve length distance of 41.98 feet cross the South line of said Survey 5 and the North line of said Survey 11, in all curve length distance of 431.47 feet to a 5/8" iron rod set for the end of said curve and an ell corner of Section Two and the S.E. corner of this Section Twenty-Three, said corner having coordinates on the Texas Coordinate System-Central Zone of Y =647,588.46 feet and X=1,943,771.39 feet.

Thence 113.32 feet

Thence 135.89 feet

Thence 186.55 feet

Thence 205.91 feet

with a line of said Section Two, N.66°12'08"W. to a 5/8" iron rod set for corner.

with a line of said Section Two, N.2°12'35"E. to a 5/8" iron rod set for corner.

with a line of said Section Two, N.23°04'04"W. to a 5/8" iron rod set for corner.

with a line of said Section Two, S.62°43'49"W. to a 5/8" iron rod set for corner.

Page 1 of 2

voL 147 FLEE 163

.yt'plrkt:„{:7Ftrnt'sirt

FILED FOR RECORD

NO9JULII 9 : 49

MARIE RUSSELL COUNTY CLERK

HIIPITY OF TOM REM TEXASMARIE RUSSELL, COUNTY CLERK TOM GREEN COUNTY, TEXAS

Page 2 of 2

James R. Duncan, Trustee

Description to

for THE BLUFFS - Addition, Section Twenty-Three

Dedication

Thence with a North line of said Section Two, N.85°00 1 00"W. 365.22 feet to a 5/8" iron rod set for a N.W. corner of Section Two and the West corner of this Section Twenty-Three in the N.W. line of said 518.23 acre tract.

Thence with said N.W. line of said 518.23 acre tract, N.54°50'13"E., at 169.00 feet cross the North line of T. J. Moore Survey 11 and South line of B. S. & F. Survey 5, in all 284.17 feet to the place of beginning and containing 3.316 acres of land.

NOTE: All courses, distances and coordinates recited herein refer to the Texas Coordinate System-Central Zone.

Surveyed on the ground prior to this 20th day of January, 1989.

Wm. C. Wilson, r. Registered Public Surveyor No. 963 San Angelo, Texas

ANY PROVISION HEREIN WHICH RESTRICTS THE SALE. RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCE-ABLE UNDER FEDERAL LAW. STATE OF TEXAS COUNTY OF TOM GREEN

I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me, and was duly RECORDED in the Official Public Records of Real Property of Tom Green County, Texas on

JUL 11 1989

Page 2 of 2

VOL. 14 7 PAGE 164

VOL. 14 7 PAGE 15 9

30(0109

ANY PROVISION HEREIN WHICH RESTRICTS THE SALE. RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORC&. ABLE UNDER FEDERAL LAW„ STATE OF TEXAS COUNTY OF TOM GREEN r

I hereby certify that this Instrument was FILED In Filo Numbor

Sequence on the dote and of the time stomped bacon by me, and wos duly RECORDED In the Officlol Public Recorcl of Real rroperty of Torn Green County, Taros cn 1989

JUL

4?;101t•bl? icteAde...0* unruEnussat., coutiTY CLERK 70M GREEN COUNTY. TEXAS

:FILED FOR RECORD

1989 JUL H ni‘,1 9 : 4 9 %el (1) MART RUSSELL

COUNTY CLERK ,T,ONTY OF 1St'( GREEN. TEXAS

rote..,,.

J.._ ...

-e'24nj

=.=

• . ....

THE BLUFFS ADDITION

SECTION TWENTY—THREE SAN ANGELO. TEXAS

•". --".

z —

ik)_P•att_ —J./WC — • c•••e•-77.-.

e.

JAMES R. OUNC•N. TRUSTEE

C. •11.10, •Irf +Sall ..... 1.6.4 1.•••1•0.4 a nn•• n •••••n

Le•,•en.

306109