COVENANTS AND RESTRICTIONS
ON AND FOR THE
ARROWHEAD SUBDIVISION
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HUTCHINSON X
WHEREAS, ARROWHEAD POA, INC. (hereinafter referred to as “Developer”) is the owner and developer of the surface estate of the real property which comprises the Arrowhead Subdivision according to the map and plat thereof filed of record on the 23rd day of May , 1977, in Volume 4, Page 39, of the Map and Plat Records of Hutchinson County , Texas (such plat, and any revisions, supplements or additions thereto are incorporated herein by reference for all purposes); and
WHEREAS, for the purpose of creating and carrying out a uniform plan for the improvement and development of the Arrowhead Subdivision (including, but not limited to, preserving so far as is practicable, the natural beauty of the property: minimizing the erection of poorly designed, unproportioned or unsuitable structures; encouraging harmonious architectural scheme and advancing the highest and best use of the property). Developer desires to implement the following restrictions, conditions and use limitations;
NOW, THEREFORE, Developer, in order to create and carry out a general uniform plan for the development, improvement and use of lots within the Arrowhead Subdivision, and for the benefit of the present and future owner (s) of said lots, does hereby adopt and establish the following covenants, conditions and restrictions which shall be applicable to all land within the Arrowhead Subdivision (hereinafter referred to as "the subdivision ''):
1. Except as may be otherwise permitted herein:
a. all lots in Blocks 1 – 15 of the subdivision shall be used, known and described as single-family primary residential lots;
b. no lot may be further subdivided;
c. no duplexes, apartments or other multi-family dwellings, structures or uses shall be permitted on any lot;
d. no commercial activity or use shall be permitted on any lot;
e. no soil or surface materials shall be removed for any commercial use nor shall any mining or excavation activities be conducted;
f. no outside toilet, cesspool or privy shall be erected or maintained on any subdivision lot: septic tank installation and sanitary plumbing shall conform to any and all requirements of the Texas Department of Health Resources, the City of Fritch, Texas, and Hutchinson County, Texas;
g. no ground fires shall be built or maintained on any lot;
h. no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept (provided the same are not raised, bred or kept for any commercial purpose);
i. no noxious or offensive activity shall be conducted or engaged in which is or may become a nuisance to other lot owners within the subdivision;
j. until December 1, 1979, no sign or signs shall displayed to the public view· on any lot (save and except 47 and 40 in Block 13 and any and all signs belonging to Developer),
k. Nothing, other than equipment used in the construction process of an approved dwelling for that lot(s), can be parked on a lot upon which an approved, completed primary residence does not exist. This includes but is not limited to: tents, boats, recreational vehicles, trailers, tractors, trucks, cars or temporary dwellings.
2. No building, dwelling or permanent structure of any type shall be erected on any subdivision lot within the prescribed set back lines described within Exhibit "A” attached hereto and incorporated herein by reference for all purposes. Each lot shall be kept and maintained in a neat and orderly condition, with weeds, grass and/or unsightly growth properly controlled.
3. Each residential dwelling constructed or erected on any lot in Blocks 1 through 13 shall contain a minimum of sixteen hundred (1,600) square feet of covered floor area. Each residential dwelling constructed or erected on any in Blocks14 and 15 shall contain a minimum of two thousand four hundred (2,400) square feet of covered floor area, exclusive of all porches, garages or breezeways attached to the main building. No single-wide or double-wide mobile home(s) shall be permitted within the subdivision. No wrecked, dilapidated or poor-quality structures may be brought upon or maintained on any lot within the subdivision. All construction must be of new materials, except stone, brick, or other materials used for antique decorative effect if such use is approved in writing by the Architectural Control Committee. No aluminum or metal siding shall be used on any structure without the consent and approval of the, Architectural Control Committee. No building, structure, improvement wall or fence of any nature whatsoever shall be erected, placed or altered on any lot until the construction plans and specifications, and a plot plan showing the location thereof, have been submitted to and approved by the Architectural Control Committee. Any building, structure or improvement commenced upon any lot shall be completed, as to exterior finish and appearance, within six (6) months from the commencement date.
4. The Architectural Control Committee, (hereinafter called "the Committee"), shall be composed of one or more individuals selected and appointed by Developer. The Committee shall function as the representative of the owners of the subdivision lots in better ensuring the effect of these restrictive covenants and in resolving any problems, ambiguities or other matters arising hereunder. A majority of the Committee may designate a representative to act for it. ln the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate and appoint a successor. Final constitution or building plans and specifications shall be submitted in duplicate to the Committee for approval or disapproval. If the Committee, or its designated representative, fails to approve or disapprove such plans and specifications within thirty (30) days after they have been submitted to it, and if no suit to enjoin the construction is commenced prior to substantial completion of such construction, then Committee approval shall be presumed.
5. No sale, transfer, lease or disposition of any lot in the subdivision shall be consummated unless and until the name and address of the purchaser or transferee has been properly recorded on the books and records of the Developer or, if then in existence, the subdivision property owners association. Provided that a reasonable supply of water is available from the City of Fritch, Texas, or any other governmental entity or public utility the drilling of any water wells within the subdivision is prohibited.
6. Each and every owner of any and all lots within the subdivision shall become a member of the subdivision property owners association at the time such subdivision property owners association is formed. Each and every owner covenants and promise to pay, to the Developer and/or the property owners association, as the case may be, when due, any and all dues and maintenance fees. Each and every owner of any and all lots within the subdivision covenant and agree that the Developer and/or the property owners association, as the case may be, and their successors and assigns shall have a lien upon the subject lot(s), inferior only to the lien for taxes anu any duly recorded mortgage, to secure the payment of such dues and maintenance fees and any reasonable court costs and attorney's fees incurred in connection with the collection of same.
7. Prior to January 1, 1982, the Developer shall have the power and authority to amend these restrictive covenants without the joinder or consent of any other individual or entity. After July 7, 2020, a majority of owners who are eligible to vote of the legal title of the lots within the subdivision (as then shown by the records of Hutchinson County, Texas) may amend the restrictive covenant; then existing by filing an appropriate instrument containing such amendment(s) in the office of the County Clerk of Hutchinson County, Texas.
8. The covenants, conditions and restrictions herein shall constitute covenants running with the land and shall be binding upon Developer, its successors und assigns and upon all persons or entities acquiring property in the subdivision, whether by purchase, descent, devise, gift or otherwise, and each person or entity, by the acceptance of title to any lot within the subdivision, shall thereby agree and covenant to abide by and perform the covenants, conditions and restrictions as set forth herein. Enforcement of these covenants and restrictions shall be by a proceeding or proceedings at law or in equity, initiated by a person or persons owning any lot in the subdivision or by any member of the Architectural Control Committee, or by the Developer, against any person or persons violating or attempting to violate any covenant or restriction herein contained, either to restrain the violation or to recover damages for the violation, or both, or to obtain such other relief for such violations as then may be legally available.
9. Violation of or failure to comply with these covenants and restrictions shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any lot in the subdivision. Invalidation of any one of these covenants and restrictions, or any portion thereof by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these covenants and restrictions conflicts with mandatory revisions of any ordinance or regulation promulgated by governmental agency having control or jurisdiction over the subdivision, then such governmental requirement shall control. Any deed or legal instrument (except deeds of trust, mortgages or other similar security agreements) purporting to convey, transfer or assign any interest in any lot within the subdivision shall contain appropriate language to expressly subject the land within such conveyance, transfer or assignment to all the covenants and restrictions set forth herein.
