NOTE: Four Units (Unit I, Unit I-A, Unit II and Unit 3) make up the area covered by the Rockport Country Club Estates Protective Restrictions and Covenants and Landowners’ (R&C) Agreement. While these are filed and recorded in the Aransas County records separately the wording is basically the same, differing primarily in designation of lots for multiple family structures, easement designations, etc., and increased minimum dwelling square footage requirement for Unit 3, therefore only Unit II is recorded on the Website. The individual R&C documents can be found as follows:
Unit I - Vol. 289, Pgs. 299-307; Doc. #118311; dated Feb. 26, 1982
Amendments of July 9, 2010 – Computer File (CF) #312738
Unit I-A - Vol. 303, Pgs. 445-453, Doc #123732; dated Feb. 10, 1983
Amendments of July 9, 2010 – Computer File (CF) #312739
Unit II - Vol. 313, Pgs. 199-207, Doc. #128690; dated Sept. 27, 1985
Amendments of July 9, 2010 – Computer File (CF) #312740
Unit 3 – Corrected Instrument #140015, Images #11459-11466; dated Mar. 27, 1985
Amendments of July 9, 2010 – Computer File (CF) #312741
THE STATE OF TEXAS PROTECTIVE RESTRICTIONS AND
COVENANTS AND LANDOWNER’S AGREEMENT
COUNTY OF ARANSAS ROCKPORT COUNTRY CLUB ESTATES UNIT II
(with amendments recorded on July 9, 2010 included)
Rockport Country Club, Inc., a Texas corporation, hereinafter called “Developer”, is the owner of the surface estate in and to the following described property situated in Aransas County , Texas, to-wit:
Rockport Country Club Estates Unit II, a subdivision in Aransas County, Texas, as shown by map or plat thereof recorded in Volume 4 Page(s) 31, reference to which is here made, hereinafter referred to as the “addition” or subdivision.
Developer has subdivided said land into lots and blocks with intervening streets, parks, beautification areas, lakes, fairways and easements, for the construction, operation and maintenance of streets, parks, beautification areas, lakes, utilities, drainage facilities and easements, and Developer has dedicated said streets and easements, as set forth on the above described.
I. SCOPE OF RESTRICTIONS
1. For the purpose of creating and carrying out a uniform plan for the improvement and sale of said subdivision, as a high-quality subdivision, the following restrictions, conditions and use limitations are hereby established, adopted and imposed upon the following portions only of said subdivision, to wit:
all numbered lots as shown on said plat, all in said Rockport Country Club Estates Unit II, in Aransas County, Texas, as shown by said recorded map or plat.
All other portions of said Unit II and adjoining lands are specifically excluded from the terms, provisions and effects of this instrument.
2. The restrictions, conditions and use limitations hereinafter set forth shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of Developer, its successors and assigns, and upon all persons acquiring property in said subdivision, whether by purchase, descent, devise, gift or otherwise; and each person, by the acceptance of the title to any lot out of such subdivision, shall agree and covenant to abide by and perform the terms, conditions, restrictions and covenants as set forth herein. Such restrictions, conditions and use limitations shall be considered to be made a part of each contract and/or deed conveying any lot in said subdivision, whether such restrictions or this instrument be referred to or not, and by acceptance thereof, the grantee, and all persons claiming under him, shall be subject to and bond thereby, and any conveyance of any such lot shall be construed to be subject to the terms of this instrument.
3. Although Developer is not the owner of the oil, gas and other minerals under said land, it does own the surface estate and has the undisturbed and exclusive right to use of the surface, since the reservations of oil, gas and other minerals heretofore made precluded any right of the owner of such minerals to enter upon such surface for prospecting, drilling, mining for or producing such reserved minerals, and the owner of such minerals may obtain the same only by drainage or directional drilling from adjacent lands not embraced in the subdivision. Any conveyance of lots in said subdivision shall be deemed to except said oil, gas and other minerals in by reference to the restrictions, but will pass to the grantee undisturbed and exclusive right to use of the surface of the property conveyed, subject to the restrictions herein contained.
1. A “street” is any street, roadway, avenue, court, loop or drive, designated as such on the recorded map of such subdivisions.
2. A “utility easement” is any easement designated as such on the recorded map of such subdivisions, which easement may be used for the construction, maintenance and/or installation of any and all utilities, sewage, telephone and water drainage facilities (surface and subsurface).
3. A “lake” is any area covered by water, whether it be a canal or pond.
4. A “lot” as used herein, shall be interpreted to mean a residential building site having an area of not less than seven thousand (7,000) square feet.
5. A “corner lot” is a lot which abuts more than one street. Any lot, except a corner lot, shall be deemed to front the street upon which is abuts. A corner lot shall be deemed to front on the street on which it has the smallest dimension and improvement shall be built to front on such street, except that the Architectural Control Committee, hereinafter specified, shall have the right to grant permission for the improvements constructed on any such corner lot to face diagonally or on the street having the longest dimension.
6. A “fairway lot” is a lot which abuts the fairway.
7. An “off-fairway lot” is a lot which does not abut a fairway.
8. “Rockport Country Club Project” shall mean not only said ‘Unit II but shall include any subdivided areas which may be hereafter added as additional units of the developer.
III. ARCHITECTURAL CONTROL
1. The Architectural Control Committee, hereinafter called “the Committee", is composed of the Board of Directors of Rockport County Club, Inc.
A majority of the Board of Directors may designate representatives to act for it. No member of the Board or its designated representatives shall be entitled to any compensation for services preformed herein under. At any time after January 1, 1992, the record owners of a majority of the lots or tracts into which Rockport Country Club Project shall be then subdivided shall have the power to change the membership of the Committee, to withdraw powers and duties from the Committee; or to restore the powers and duties of the Committee. Such actions shall be effective upon recordation of a written instrument properly reflecting same.
2.No building, structure, fence or improvements of any nature shall be erected, placed or altered on any lot subject to these restrictions until the construction plans and specifications and a plan showing the location of such building , structure or improvements had been approved by the Committee as to quality of workmanship, type and quality of materials, type of roofing materials, exterior color scheme, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. In addition, no substantial change in the originally approved finish grade elevation of any lot shall be made without the prior written approval of the Committee.
3. The Committee shall approve or disapprove plans, specifications and details within thirty (30) days after receipt thereof. One set of such plans and specifications and details with the approval or disapproval endorsed thereon shall be returned to the person submitting them and the other copy thereof shall be retained by the Committee for its permanent files. The Committee shall advise the applicant of the reason for the disapproval and suggest acceptable changes. In the event the Committee fails to approve or disapprove any plans which have been submitted to it within thirty (30) days from receipt thereof, approval shall not be required and the related covenants shall be deemed to have been fully complied with.
4. The Committee shall have the right to disapprove any plans specifications or details submitted to it in the event the same are not in accordance with all of the provisions of these restrictions, if the design or color scheme of the proposed improvements is not in harmony with the general surroundings of the real property or with the existing adjacent improvements and natural environment, if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans, specifications or details or any part thereof to be contrary to the interest, welfare or rights of owners of the lots covered hereby. The decisions of the Committee shall be final.
5. Neither the Committee, Rockport Country Club, Inc., nor any architect or agent thereof shall be responsible in any way for any defects or any plans or specifications submitted , revised or approved in accordance with the foregoing provision, nor for any structural or other defects in any work done according to such plans and specifications.
6. The Committee shall have the right and authority to waive, modify alter, change or approve any covenant, term, condition or restrictions where, in the opinion of the committee, such change is necessary or required for the advantage and best appearance of the subdivision, in the following particulars, to-wit:
a. Change all restrictions in conflict where one lot and all or a portion of other contiguous lots are being used together for purpose of building a residence.
b. Change their restrictions in the case of lots which are unusual in size, or which are of an unusual or irregular shape, where such change is deemed best for the advantage or best appearance of the immediate community.
IV. GENERAL LAND USE
1. All lots shown on said plat, except Lot 26, Block 18; Lot 30 Block 19; Lots 30, and 45, Block 21 and Lot 46, Block 28, and the area entitled “Golf Course Area”, shall only be used for a single family purpose. Not more than one single family dwelling shall be erected, altered, placed or permitted to remain on any lot except as otherwise provided therein. In addition to such single family dwelling there shall be permitted guest houses, maid’s quarters, garages, carports and other accessory buildings that are necessary and contributory to the overall improvements of said lots. All such accessory structures shall conform to every provision of these covenants and shall be constructed simultaneously with or subsequent to the construction of the principal dwelling located on the same lot. Lot 26, Block 18; Lot 30, Block 19; Lot 45, Block 21 and Lot 46 of Block 28 may be used for multi-family purposes as hereinafter provided. Lot 30, Block 21 may be used for general commercial purposes as may be approved by the Architectural Control Committee in their sole discretion.
2. No structure or obstruction of any nature whatsoever shall be constructed or allowed by any Lot Owner on, in or under any fairway or lake. This will not prevent the construction of any water line, sewer line or other developmental features by the Developer when the same do not interfere with use of fairways or lakes.
3. All buildings and other improvements placed on any of said lots shall be newly erected on said lot and no second-hand or used buildings or other improvements shall be moved onto any said lots, and no used or secondhand materials may be used in the exterior of such improvements unless specifically approved in advance, in writing.
4. No business or professional service on any nature shall be conducted on any lot, and no building or structure intended for or adapted to business or professional purposes, and no apartment house, double house, flat building, lodging house, rooming house, hotel, hospital or sanitarium shall be erected, placed, permitted or maintained on any lot. No room or rooms in any principal residence, nor any accessory buildings, or parts thereof , may be rented or leased to others by the owner or owners of any lot; nothing in this paragraph, however, shall be construed as preventing the renting or leasing of an entire lot, together with its improvements.
5. No animals of fowl other than ordinary Household pets commonly household on a residence shall be permitted on any lot and the breeding or maintaining of such animals or fowl for commercial purposes shall not be permitted.
6. No oil drilling, oil storage, oil refining, quarrying or mining operations of any kind shall be conducted upon any lot.
7. No signs whatsoever, including commercial, political or other similar signs, visible from adjoining lots, golf course, the lake or streets, shall be permitted on any lot except as follows: such signs as may be required by legal proceedings; residential identification signs of a combined total face area of one and one-half (1 ½) square feet or less; during the time of construction and prior to the time of the sale of any residence or other improvements one job identification sign and one “for sale” sign having a maximum total face area of six (6) square feet; not more than one “for sale” sign by the developers having a maximum face area of three (3) square feet on a vacant lot owned by developer; flashing, lighted or moving signs shall not be permitted. No sign of any description or supports or braces for signs, shall be nailed or spiked to any tree. All signs must be on their own supporting standards. Advertising banners, pennants and wind powered devices will not be permitted. All signs, including proposed location, sizes and colors shall be reviewed by the committee and must receive prior written approval from the Committee before installation. The Committee may issue variances as to the above on such conditions and for such time periods as it may deem necessary. Provided further, that in no event shall any sign on any lot be visible from the lake or from the golf course except as may be required by legal proceedings
8. Use of house trailers, campers, motor homes, boats, trailers, trucks, buses, similar vehicles or temporary structure of any nature whatsoever for residential purposes is hereby prohibited, but such vehicles may be temporarily parked if and where approved by the Committee. No such vehicles shall be kept or permanently parked on the paved portion of any street, or on any lot within the subdivision unless such vehicle is concealed behind a privacy fence no close to the street that the front of the building or no closer to the fairway than the back corner of the building. the above shall not apply to passenger automobiles, motorcycles and trucks not exceeding three quarter ton.
9. No building materials of any kind or character shall be placed or stored upon any lot until the owner is ready to commence improvements, and then such materials shall be placed within the property lines of the building site upon which the improvements are to be erected and shall not be placed in the street or between the roadbed and property line.
10. All laundry drying yards shall be screened from view from the streets, neighbors, golf course, the lake and common areas. Trash, garbage and other wastes shall be stored in sanitary containers so situated as to be accessible to the service agency responsible for collection of said wastes and such area screened from the street. No obnoxious, offensive or illegal activities shall be carried on on any lot nor shall anything be done on any lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood.
11. Each developed single family residential lot shall contain sufficient parking space for at least two (2) automobiles by one of the following means: (a) a garage or carport either attached to or detached from the main structure OR (b) an exterior parking area screened from view of adjacent lots, golf course or the lake.
12. No air conditioning condensing unit and fan, evaporative cooler or other object, which in the opinion of the Committee is unsightly, shall be placed on any lot or upon or above the roof of any dwelling or other building except where it is architecturally concealed or screened from view in plans submitted to and approved by the Committee and then only when, to the satisfaction of the Committee, the same is not aesthetically objectionable and is otherwise in conformity with the overall development of the property.
13. No radio or television aerial or guy wires shall be maintained on any portion of any lot forward of the frontline of the building or on fairway lots no closer to the fairway than the back line of the building.
14. A lot may not be so subdivided or areas sold off so that there will be left in such lot, when combined with an adjoining lot or portion of an adjoining lot, a building plot having an area which is less that the total area and frontage of the larger of the two original lots from which such areas are taken.
15. Construction must begin within three (3) months after the approval of plans by the Committee, and pursed diligently to completion.
16. The native trees larger than four inches (4”) in diameter, measured 6” from the base of the tree, on any lot shall not be destroyed or removed from any lot, except such trees as may be necessary for the construction and maintenance of roads, driveways, residences, garages, accessory buildings and/or walled-in service yards and patios, which native trees shall not be removed prior to the commencement of construction and unless written permission is first obtained from the Committee. In the event such trees are removed, except as stated above, the Committee may require the replanting or replacement of same, the cost thereof to be borne by the lot owner.
17. Lot 26, Block 18; Lot 30, Block 19; Lot 45, Block 21 and Lot 46, Block 28, as shown on said plat, may be used for multiple family purposes. As to said multiple family lot, no building shall be erected, altered, placed or permitted, to remain on any lot other than apartments, multiple family dwellings, duplexes, single family dwellings, corporate executive retreat complexes and other buildings such as garage, carports, and accessory buildings that are necessary and contributory to the overall development of the subject property. The maximum number of living units which may be built on any part of any lot shall not exceed fifteen (15) units for each one (1) acre of area of the lot as shown on said plat.
Lot 26, Block 18; Lot 30, Block 19; Lot 45, Block 21 and Lot 46, Block 28, as shown on said plat, may be resubdivided with the prior written approval of the Committee, and such subdivision results in the creation of lots for multiple or single family purposes, as herein above provided, have a land area of not less than two thousand nine hundred (2,900) square feet for each living unit and are in keeping with the general character of the existing or proposed adjacent residential development.
18. Notwithstanding any provision herein to the contrary, the areas designated on said plat as “Golf Course Area” may be used for the construction and operation of a golf course and club house together with all related accessory buildings and improvements or any nature deemed necessary and contributory to such construction or operation as determined by the Committee.
V. SIZE, DESIGN AND PLACEMENT OF IMPROVEMENTS
1. No dwelling shall be permitted on any lot within the subdivision unless the floor area of the enclosed main dwelling, exclusive of porches, garages, whether attached or detached, breezeways, patios, or other appendages, complies with the following requirements.
a. The total area of the enclosed main dwelling of any residence, whether one story or more, must contain not less the 1400 square feet.
b. The floor area of the enclosed ground floor of any two story residence must contain not less than 800 square feet.
2. All on-site utility connections, including water, gas and sewer lines, power, telephone cables shall be located underground. The Committee may issue variances as to the above where strict enforcement may impose an undue hardship.
3. The Committee shall have the authority to set up regulations and design criteria as to location, height design, material, content and color schemes of any walls and fences enclosing yards or patios. No property or patio fence, wall or berm shall be erected, altered or maintained on any lot without the prior written approval of the Committee. No such fence or wall located on the lot side which is contiguous to the golf course shall be higher that forty-two (42) inches and in the case of any berm so located, it shall be a maximum of forty-two (42) inches measured from the point on the uphill side where the berm meets existing grade. This forty-two (42) inch height restriction shall not apply to Fairway Access Lots being lots 3,4,8,9,10,11,14,15,16,17,18,19,20,21,22,23,27, Block 28; Lots 3,15, Block 25; Lots 1,2,3,4,7,8,9,10,11,12,13,14,15,16,17,18,19, Block 20; Lot 10, Block 27; Lots 19,20,21,22, Block 23; Lots 29, 34, 35, 40, Block 26 and Lot 8, Block 19.
4. No building shall be erected on any lot or lots in said subdivision in front of the front building line shown on the map of said subdivision. No portion of any building shall be erected nearer than six (6) feet to any interior lot line, and twenty-five (25) feet from a fairway lot line. However, roofs, eaves, or steps may extend over the minimum building setback line for a distance of not more than two feet.
5. All buildings, landscaping, fences, drives, parking areas, areas within easements adjoining any lot and any other improvements shall be maintained in good and sufficient repair and such premises shall be kept painted, window as determined by the Committee. All owners or property shall be responsible for keeping their lots free from debris, rubbish or trash of any kind. Landscaping shall be properly maintained by the owner of the property, whether said property is occupied or not, in a neat and adequate manner which shall include lawns mowed, underbrush cleared, hedges trimmed, watering when necessary and removal of weeds from planted areas. No owners of any lots shall be permitted to store wrecked or disabled motor vehicles on a lot or any street nor shall any lot or street be used for the repair, reconstruction or modification of motor vehicles. Developer shall have the right to have said lots cleaned to comply with this provision in the event the lot owner, after ten (10) days written notice, shall fail to do so, and any reasonable expense incurred in doing the same shall be paid by the owner of the respective lot.
The restrictions and covenants herein set forth shall continue and be binding upon Developer, its successors and assigns, for a period of thirty-five (35) years from the date. At the expiration of said term of thirty-five (35) years the restrictions and covenants herein set out shall automatically be extended for an additional ten (10) year period and for successive periods of ten (10) years thereafter, unless same are nullified or revised as hereinafter provided. After the expiration of thirty-five (35) years from the date of this instrument, the owner of a majority of the lots in said Unit II may execute and acknowledge an agreement in writing terminating or revising these restrictions and covenants and file the same in the Office of the County Clerk of Aransas County, Texas, or in such office as conveyances of real estate may be required to be filed, at such time, thereupon these restrictions and covenants shall be null, void and of no further force and effect, or shall be modified or revised as such instrument may direct.
At any time the owners of the legal title to 51% of the lots in said Unit II (as shown by the records of Aransas County, Texas) may amend the restrictions, covenants, conditions, and matters set forth herein by filing an instrument containing such amendment signed by 51% of the owners in the Office of the County Clerk of Aransas County, Texas, except that, prior to the expiration of fifteen (15) years from date hereof, no such amendment shall be valid or effective without the joiner of Developer, its successors or assigns.
The restrictions, conditions and use limitations herein set forth shall be binding upon Developer, its successors and assigns, and all parties claiming by, through, or under them and all subsequent owners of each lot, each of whom shall be obligated and bound to observe such restrictions, conditions, and use limitations, provided, however, that no such persons shall be liable except in respect to breaches committed during his or their ownership of said lot. The violation of any such restriction, condition, or use limitation, shall not operate to invalidate any mortgage, deed of trust, or other lien acquired and held in good faith against said lot or any part thereof, but such liens may be enforced against any and all property covered thereby, subject, nevertheless, to the restrictions, conditions and use limitations herein mentioned. Developer, or the owners of any property in this addition, or Trustees, its successors and assigns, shall have the right to enforce observation or performance of the provisions of this instrument. If any person or persons violate or attempt to violate any of the restrictions, conditions or use limitations contained herein , it shall be lawful for any person or persons owning any lot out of said addition to prosecute proceeding at law or in equity against the person violating or attempting to violate the same, either to prevent him or them from so doing, or to obtain such other relief for such violation as then may be legally available.
Effective July 9, 2010, (1) the Rockport Country Club Estates Homeowner’s Association, Inc. has the right and authority to enforce the provisions of this instrument, and (2) membership in the Rockport Country Club Estates Homeowner’s Association is mandated for those acquiring property in the Rockport Country Club Estates on/after that date.
Invalidation of any of the terms, provisions or covenants contained in this instrument by judgment or court order shall not in any way affect any of the other terms, provisions or covenants set forth in this instrument which shall remain in full force and effect.
EXECUTED this 27th day of September, 1983