Hillside Terrace Estates Deed Restrictions RESTRICTIONS ON USE: All lots shall be used for residential purposes only, and no commercial enterprise shall be permitted thereon, except that Owner may authorize lots to be used by a builder temporarily for model homes. No. structure shall be' erected, placed or permitted on any residential lot other than one single family dwelling, not to exceed two stories in height, together with a private garage, childreni s playhouses,greenhouses. or buildings ~of like nature for the pleasure oftile occupants of the main dwelling. No noxious or offensive trade or activity shall be carried on upon any of the premises nor anything be done thereon which may become an annoyance or a nuisance to the neighborhood. No horses, cows, sheep, chickens, or other livestock shall be kept for any time or purpose, nor shall any domestic pets be kept for commercial breeding or raising on any lots covered by these restrictions. No structure ofa temporary character, trailer, basement, tent, shack, garage, bam, or other building shall be used on anyiotat any time as a residenee, either temporarily or permanently. No signs of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet for advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction process and sales period. Easements for installation and maintenance of utilities are reserved as shown on the Plat or as dedicated by separate instruments. There shall be no fences constructed within the front yard set back on any lot. No truck; bus, recreational vehicle; travel trailer, trailer; camper trailer/vehicle, motor home, boat,or commercial vehicleshallbe parkedourhestreeforanywhere in frontofany house except for construction and repair equipment while a house or houses 'are being built or repaired, or if land development is occurring in the immediate vicinity. None of the above described vehicles, trailers,
nor any inoperative or junk cars or motor vehicles may be parked on the streets or kept on any of the lots unless it is kept in a screened area or enclosed structure which prevents the view thereof from the streets or lots of the Addition. Notwithstanding anything to the contrary herein there shall be no truck, bus, travel trailer, camper trailer/vehicle, motor home, or commercial vehicle parked on any lot. To protect all lots from unsightly antennas, there shall not be installed or located on any lot, either temporarily or permanently, any antenna other than a usual and normal residential antenna for the reception of television. There is expressly prohibited the installation of short wave or other electrical or mechanical device extending higher than the housetop except a television antenna may extend above the housetop. No disc, dish, or television reception device or other electronic device may be installed or used in any manner that is visible from the street. SETBACK AND LOCATION REQUIREMENTS: Every house constructed on any lot shall be located on the lot, including set back requirements, in accordance with the City of Amarillo Zoning Ordinance. All houses shall face the street upon which the front of the lot abuts. The lots shown may not be subdivided into building sites with less than 50 feet street frontage. Any deviation from the requirements of these restrictions under this paragraph 2 may be waived at any time by written waiver of the undersigned or its authorized agent, and all purchasers of lots herein accept properties with this right reserved for the benefit of the undersigned, its successors and/or assigns, but such waivers shall not effect requirements as may be made by ordinance, nor shall such right here reserved impair the right of all parties to enforce all restrictions not so waived. CONSTRUCTION REQUIREMENTS: All structures and use of all structures shall at all times comply with the Zoning Ordinances, Building Codes, and Regulations of the City of Amarillo, Texas. No house may be erected on any lot that has a ground floor, exclusive of garages, out buildings, porches, basements and
covered terraces of less than 1,450 square feet. If the house is two stories in height, the ground floor shall contain no less than 1200 square feet of floor space, exclusive of garages, out buildings, porches, basements and covered terraces. No structure shall be more than two stories in height, excluding basements. Unless written approval (see below) is provided by an officer of Owner, every house and garage shall have brick on the exterior walls. No concrete blocks may be used for any part of exterior construction of any house or garage. Procedure for written approval of other building materials: a complete copy of final plans and specifications must be delivered to the then current offices of Owner or its designee at least fourteen days before construction of improvements, showing the nature, kind, shape, and percentages of materials to be used. If disapproved, the plans will be returned marked "Disapproved" accompanied by reasons for such disapproval. Any modification must again be submitted for approval. Any approval or disapproval shall be in writing only. If Owner or its designee fails to approve or disapprove such plans and specifications within the fourteen day period, written approval will not be required. The fourteen day period begins at the time a written receipt for such plans and specifications has been given, dated and signed by Owner or its designee. All roofs must have a pitch of at least 6 and 12. No roofs shall use shingles of a lesser quality than 240 pound composition laminated shingles; All shingles must give the appearance of architectural shingles and have the color of weathered wood. All shingles must have a 25 year warranty. When a house is constructed, there shall be constructed a double car or triple car attached garage and a solid concrete driveway. No strip driveways or asphalt driveways of any type will be allowed. All storage buildings shall be at the rear of the house and shall not be visible from the front street. When a house is constructed, there shall be constructed a 4 foot sidewalk across the front of the lot, and if the lot is a comer lot, down the side of the lot in addition to the front of the lot. The sidewalk shall be located adjacent to the back of the curb on the street.
No heating, ventilation or air conditioning equipment may be located upon any lot where it can be seen from the street. When a house is constructed, grass sod and sprinkler shall be installed in all areas visible from the street and shall be maintained in good condition. Additionally, there shall be planted at least two trees with at least a two (2) inch trunk diameter and located three and one half feet from the front curb line. Additionally, there shall be at least an eighteen inch landscape border following the contour of the house in the front yard to be planted with hedges or other similar type landscaping vegetation. There shall be no rock yards, concrete yards or any artificial material other than grass in front yards. When a house is constructed, there shall be constructed a sixfcot woooen picket fence encompassing the backyard area of the house. ENFORCEMENT: If Owner, its successors and/or assigns, shall violate or threaten to violate these restrictions, any person owning any property in this Addition may proceed at law or in equity against any person or persons violating or threatening to violate any of the restrictions, either to restrain such violation or to recover damages, provided that no right of reversion is hereby provided or intended. Failure to enforce any restriction shall not be deemed a waiver of the right to do so thereafter. The prevailing party in any suit to enforce these restrictions shall be entitled to receive and recover reasonable expenses in so enforcing these restrictions, including attorney's fees and court costs against the non prevailing party or parties. TERM: These restrictive covenants shall continue in force for thirty years from the date hereof. Thereafter, these restrictive covenants shall continue for successive periods of 10 years each, unless, an instrument in writing, signed by a majority of the then owners of the lots in this. Addition, shall have been recorded agreeing to change such restrictions, in whole or in part, in which event said instrument shall control. Prior to thirty years from the date hereof, these restrictive covenants may be amended by an instrument signed by at least 75%of the lot owners. Any amendment must be recorded in the Deed Records of Randall County, Texas.
SAVING CLAUSE: Invalidation of any of the restrictions or covenants in whole or in part by judgment, legislation, or court order, shall in no way effect any of the other provisions, which shall remain in full force and effect. NEIGHBORHOOD WATCH PROGRAM: At any time hereafter Owner, at its sole option, may implement a neighborhood watch program which may include, but not be limited to, the installation of surveillance cameras and security patrols. In the event such a program is established by Owner, each lot upon which a house has been constructed, shall be subject to an assessment by Owner. The assessment shall not initially be more than $20.00 per month,but may be increased by the same percentage of increases in the Consumer Price Index. The assessment shall be payable by the homeowner to Owner monthly, quarterly, semi annually, or annually as Owner shall determine in its sole discretion. The unpaid portion of any assessment which is due shall be secured by a lien on the lot and improvements thereon when a notice claiming the lien has been recorded by Owner in the Official Public Records ofrandall County Texas. Owner shall not, however, record such claim oflien until the assessment is unpaid for not less than twenty days after it is due. Such a claim of lien shall also secure all assessments which come due thereafter until the claim oflien is satisfied, except that such lien shall be subordinate to liens secured by money advanced to purchase the lot with improvements and filed ofrecord. The assessment lien shall not preclude the personal liability ofthe homeowner. The lien may be enforced by judicial enforcement.