Lot Number 85 307 Sunset Estates, 4.75 Ac +/-, Electricity, Commercial or Residential, Pipeline Crossing
307 Sunset Estates
Restrictions for Subdivision
That Guenther Land & Cattle, LLC, as owner of the following described property, does hereby adopt and impress the following restrictive covenants upon the following described lots, to-wit:
Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates, a subdivision in the East one-half (E/2) of Section 254, Block G, W.T.Ry.Co. Survey, Gaines County, Texas, SAVE AND EXCEPT all oil, gas, and other minerals.
1. The primary purpose of the lots shall be residential; however, so long as a lot is used as a homestead by the owner thereof, then a small personal business owned and operated by a resident of said residential structure may be conducted on said lot, provided that said business is not a nuisance or annoyance to the neighborhood and the traffic resulting from said business is not excessive. No noxious or offensive trade or activity, including but not limited to cattle feed lots, slaughterhouses, holding pens, drive-in theaters, night club/bar, wrecking yards, salvage yards, hog raising or similar type of businesses, shall be carried on the above-described property, nor shall anything be done thereon which may be or become a nuisance or annoyance to the neighborhood.
2. No lot shall be used for ingress and egress purposes to or from a tract of land located outside of Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates.
3. No further subdivision shall be made of a lot. Only one primary residential structure and one secondary living quarter may be located on a lot; however, said secondary living quarter may not be rented, sold, or subdivided from the primary residential structure.
4. All lots using any roads within Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates for ingress and egress purposes shall be responsible for maintaining said roads and shall equally pay expenses required for said maintenances
5. A residential structure shall face the street on which it is built. No portion of any residential structure may be situated closer than 50 feet from the property line that establishes the street right of way of the street it faces or 15 feet from the side and back boundary lines of a lot, and any garage, storage room, carport or other structure that is not attached to the residential structure must be located behind the residential structure. However, if two or more adjacent lots have the same owner, then the spacing restrictions from an adjoining lot shall not apply to the boundary that is common to the commonly owned adjacent lots, thus allowing the owner of said adjacent lots to build a structure on the boundary line that is common to the commonly owned adjacent lots. The spacing restrictions contained herein shall not apply to sidewalks, curbs and driveways.
6. A residential structure must consist of new slab-built construction with (a) a ground floor area of not less than 2,500 square feet, exclusive of carports, garages, porches, and roof overhang, and (b) an attached garage suitable for parking at least two (2) standard sized automobiles, which conforms in design and material with the residential structure. Mobile homes, modular homes and ready-built homes are not permitted on a lot, no permanent dwelling or building constructed elsewhere shall be moved onto a lot. Except for storage buildings, all structures, including but not limited to residential structures, shops, and fences, that are built or placed on the property shall be constructed of new materials, and the construction of the exterior must be completed within one year of commencement. No structure of a permanent nature shall be built or placed in any dedicated easement.
7. Barns are permitted to be used as primary residential structures provided they have a modem or country look that is aesthetically pleasing, in which at least two of the following are incorporated: (1) materials on the front of the barn shall consist of at least partial stone, brick, wood, or material other than metal, (2) a modern roof line, and/or (3) at wraparound porch around at least one-half of the barn. Barns may also contain secondary living quarters under the provisions contained hereinabove. A barn, RV, and/or travel trailer may be used on a lot as temporary living quarters only while the primary residential structure is being bult and for a maximum of 18 months. Otherwise, no travel trailer, RV, basement, tent, shack, garage, or other structure of a temporary character shall at any time be used as a primary residence, temporarily or permanently.
8. Any barn must be located behind the primary residential structure. No carport, storage building, or other outbuilding shall be built in front of the primary residential structure.
9. No unlicensed or junk vehicles will be permitted on a lot longer than thirty (30) days. No garbage, refuse, junk, trash, or obnoxious or offensive material shall be permitted to accumulate on a lot, and the owner or owners of a lot shall cause the same to be disposed of by and in accordance with accepted sanitary practices. All garbage shall be disposed of in accordance with the regulations of the State of Texas and any of its political subdivisions Such garbage shall be removed by the property owner or sanitation contractor to a sanitary landfill provided by Gaines County or by arrangement with a garbage removal service Uncovered incinerator, trash dumps, and un-lidded trash cans will not be permitted.
10. No principal structures shall be constructed until and unless the owner of said lot has secured disposal of sewage through a septic tank and an evapotranspiration system or other system acceptable to the State of Texas and the County Commission. No privy or cesspools permitted on a lot,
11. Dogs, cats or other household pets may be kept on the property provided they are not kept, bred or maintained for any commercial purpose. Up to TWO (2) horses are allowed on a lot. Up to TWENTY (20) chickens are allowed per lot. No other animals, including but not limited to steers, sheep, pigs, and goats, shall be allowed on a lot. All persons keeping animals on the property shall be obligated to comply fully with the provisions of the stock laws in force in the State of Texas and to provide good and sufficient fences to meet the requirements of such animals.
12. Restrictions set forth in this instrument may be amended by duly recording an instrument executed and acknowledged by the then owners of parcels comprising not less than 80 percent of Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates.
13. If the parties hereto, or any of them, or their heirs Or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning a lot located in Lots 1-7, 9-47, 49-84, and 88-95, of 307 Sunset Estates, a subdivision in the East one-half (E/2) of Section 254, Block G, W.T.Ry.Co. Survey, Gaines County, Texas, to prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenants, and either to prevent him or them from so doing so or to recover damages for such violation.
14. Invalidation of any one of these covenants by judgment or Court order shall in no way affect any other provision, which shall remain in full force
15. The covenants, conditions, and restrictions of this declaration shall run with and bind the land
