Conditions, Covenants and Restrictions
This Amended and Restated Declaration of Covenants, Conditions and Restrictions of Aero Estates (this “Declaration”) is made on the date hereinafter set forth by the PROPERTY OWNERS ASSOCIATION OF AERO ESTATES, INC., a Texas nonprofit corporation, hereinafter referred to as “The Association” or “POAAE.”
WHEREAS, “AERO ESTATES” is a subdivision of approximately 118.467 acres in the John Ferguson Survey, A-7, Henderson County, Texas, and the John Ferguson Survey, A-22, Anderson County, Texas as more fully described on Exhibit “A” attached hereto and identified as Unit I, Unit II, and Unit III of Aero Estates Subdivision (hereinafter referred to as the “Property” or the “Subdivision”) as recorded in the plats (collectively, the “Plat”) in Cabinet D, Slide 80, Cabinet D, Slide 245, and Cabinet D, Slide 191, Plat Records of Henderson County, Texas and in Cabinet B, Slide 206, Plat Records of Anderson County (“Plat Records”);
WHEREAS, David Lockwood, a former owner of the Property, placed certain covenants, conditions and restrictions on the Property pursuant to that certain document entitled Aero Estates Restrictions and Covenants, which was executed on March 14, 1984 and recorded in Volume 1053, Page 110, Deed Records of Henderson County, Texas (the “original Declaration”);
WHEREAS, the Original Declaration provides that the Original Declaration may be altered, amended or revoked by the owners of at least sixty percent (60%) of the residential lots comprising the Property;
WHEREAS, the undersigned Owners are the record holders of at least sixty percent (60%) of the Ownership interest in the residential lots comprising the Property, and said Owners desire to amend and restate the Original Declaration in its entirety;
WHEREAS, it is the desire of “The Association” and the undersigned Owners to amend and restate the Original Declaration in its entirety, and to place certain covenants, conditions and restrictions upon and against the Property in order to establish a uniform plan for the benefit of both the present and future owners in the Subdivision. These covenants, conditions and restrictions will also cover any replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/or Anderson County.
NOW, THEREFORE, the undersigned Owners hereby adopt, establish and impose upon the Subdivision known as AERO ESTATES, and declare the following reservations, easements, restrictions, covenants and conditions, applicable thereto, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the Property, which Restrictions shall run with the Property and title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof except that no part of this Declaration or the Restrictions shall be deemed to apply in any manner to any areas not included within the boundaries of Unit I, Unit II and Unit III as identified in Exhibit A.
COVENANTS, CONDITIONS AND RESTRICTIONS
1. As used herein, and unless the context clearly indicates to the contrary, the following terms shall have the meanings attributed to them below:
a. "AERO ESTATES" shall mean and refer to the Subdivision and all of the land described in the preamble to these Restrictions and as set forth in the respective map or plats of AERO ESTATES, as same appear of record in the office of the County Clerk of Henderson County and/or Anderson County, Texas.
b. "Association" shall mean the Property Owners Association of Aero Estates, Inc., a non-profit corporation.
c. "Lot" shall mean and refer to any tract of land identified as a lot or tract on the Plat. For purposes of this instrument, "Lot" shall not be deemed to include any portion of any common areas in the Subdivision, regardless of the use made of such areas.
d. "Committee" shall mean and refer to the Architectural Committee for AERO ESTATES as set forth in item 11 hereof.
e. "Owner" or "Owners" shall mean and refer to the owner or owners of the fee simple title to one or more Lots but shall not mean or refer to any person or entity holding only a lien on a Lot or owning only any easement or a mineral interest thereon or therein.
2. All lots shall be known and used exclusively for Airpark Residential Purposes. This means residential lots on an airpark, for a house or a house with a hangar. Those owners of record prior to February 1, 2003, and their successors, have the option to build a hangar or a hangar house.
3. No lot shall be re-subdivided, and no more than one single family dwelling, not to exceed thirty (30) feet in height over closest runway access point, shall be erected, placed or permitted to remain on any residential lot. No structure of a temporary character, trailer, mobile home, motor home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. An exception for a temporary time of construction not to exceed 180 days may be allowed.
4. No residence of less than one thousand (1000) square feet of heated living area, excluding porch area, carport, garage, or hangar space shall be erected or constructed on any lot. Those owners of record prior to February 1, 2003, and their successors, are exempt from this requirement.
5. Any building erected on a Lot shall be built on a concrete foundation, and shall conform to all existing federal, state and local building codes for the type of building under construction. Buildings shall be neat in appearance and no building or structure shall be constructed or erected on the premises that shall be considered detrimental to the development. Any wood exteriors shall be stained or painted with two coats of paint or stain. All residences must be completed on the exterior within one hundred and eighty (180) days from the beginning date of construction; a onetime extension may be granted by the Architectural Committee.
6. No residence, garage or hangar shall be located on any lot nearer than twenty-five (25) feet to a taxiway, runway or road, nor nearer than ten (10) feet to the side lot line of any lot. In the event of common ownership of more than one lot and the construction of one building on more than one lot, the combined area owned shall be considered as one lot. No obstruction greater than 18 inches in height shall be located on any lot nearer than 10 feet to a taxiway or runway.
7. An easement five feet in width along the perimeter of all lots is to be used for purposes of the utilities, with exact location, within that easement, to be decided by the utility company. All utilities are to be buried. No building shall be located over, under, upon or across any portion of any utility easement.
The Owner of each Lot shall have the right to construct, keep and maintain concrete drives, fences, and similar improvements across any utility easement, and shall be entitled to cross such easements at all times for purposes of gaining access to and from such Lots, provided, however, any concrete drive, fence or similar improvement placed upon such Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot subject to said Utility Easements shall be responsible for (i) any and all repairs to the concrete drives, fences and similar improvements which cross or are located upon such Utility Easements and (ii) repairing any damage to said improvements caused by any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Utility Easements.
8. No outdoor toilet shall be erected, placed or permitted to remain on any lot. All individual sewage disposal systems shall be located, constructed and equipped in accordance with standards and requirements which are substantially equal to or exceed the minimum requirements for such systems as recommended by local health and zoning authority. Portable facilities may be used for special occasions only.
9. No sign shall be erected, placed, or permitted on any residential lot, except a standard real estate for sale sign, not to exceed sixteen (16) by twenty-four (24) inches. Signs installed prior to February 1, 2003 by owners of record are exempted.
10. No external tower or antenna except satellite TV dishes shall be allowed on any lot or structure; a waiver can be granted by the Association on an individual basis. Antennas or towers installed prior to February 1, 2003 by owners of record are exempted.
11. An Architectural Committee composed of four (4) members is hereby established for AERO ESTATES. Until such time as 95% of the platted lots are sold, the Committee shall consist of two (2) members of the Association, elected by the Association, and two members appointed by Aero Estates, L.P. and its successors. At such time as 95% of the platted lots are sold, the Committee shall consist of four (4) Association members to be elected by the Association. The Association Board of Directors shall have the right to appoint a new Association member for the Committee in the event of a vacancy due to death or resignation until such time that the Association can elect a replacement.
Prior to construction, all plans for a building or exterior improvement shall be approved by a majority of the Architectural Committee. The plan must show all uses and dimensions and the location of the building and/or improvement. Should a deadlock occur, a majority ruling by the Association Board of Directors shall be used. If no answer on proposed plans is received from the Committee within 30 days, the plan is automatically approved. The property owner shall have the right to appeal the Committee’s decision to the general membership of the Association.
The Committee , with oversight by the Association, may authorize variances from compliance with any of the provisions of this Declaration. Such variances must be in writing and shall become effective when approved in writing by the Committee. Variances from the Plat of record must be filed at the county court house.
12. No lot shall be used or maintained as a dumping ground for garbage or other refuse. Trash, garbage or other wastes shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no noxious or offensive trade or activity shall be performed on any residential lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, but not limited to, lighting.
13. The owner of each lot shall keep the same clean and free of weeds and debris. Upon failure to do this, the Association will notify the owner personally or by certified mail. If the owner does not respond within 21 days, the Association may have the lot cleaned at the lot owner’s expense.
14. No animals or fowl, except household pets, shall be kept or maintained on any lot. Local pet ordinances will apply, and no owner will be allowed more than two pets at any time.
15. Each property owner shall be a member of the Association and be subject to its rules and regulations and shall have one vote in accordance with the Association Bylaws, regardless of number of lots owned.
16. The Association shall establish safety policies and procedures and shall provide for the enforcement of these Covenants, Conditions and Restrictions. Aero Estates, L.P. or its successors shall be responsible for maintaining liability insurance and the maintenance of the common areas until such time as 95% of platted lots are sold or the Association agrees to assume responsibility, which ever comes first.
Aero Estates, L.P. or its successors shall deed over the common areas of AERO ESTATES, including the roads, taxiways, runway, and the five-foot reserve along the waterfront area (as shown on exhibit A), to the Association at such time as 95% of platted lots are sold. Aero Estates, L.P. or its successors may deed over the common areas at an earlier time if the Association agrees. The Association at that time shall assume the responsibility for all future tax liability (if any) and the lease agreement with the Upper Neches River Authority for the waterfront access and use.
17. The Plat dedicates for use as such, subject to the limitations as set forth therein, the roads, streets and easements shown thereon. All dedications, restrictions and reservations created herein or shown on the Plat, replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/or Anderson County, Texas, shall be construed as being included in each contract, deed, or conveyance executed or to be executed by or on behalf of Aero Estates, L.P. or its successors and/or any Owner, conveying the Property or any part thereof whether specifically referred to therein or not. All Owners shall have free and unlimited access to any common area in the subdivision, which shall include any areas of land for the common use, enjoyment and benefit of the Association and the Owners, including, without limitation, the runway, taxiways, roads, lake point (subject to the regulations of the Upper Neches River Authority), boat ramp, docks, piers, boat basin and any future area in the Subdivision designated by the Association as a "common area”.
18. These covenants are to run with the land and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part; however, they may be changed, altered, amended or revoked in whole or in part by petition of the owners of eighty (80) percent of the residential lots.
19. Enforcement of these covenants shall be a legal or equitable proceeding against any person, or persons, violating or attempting to violate any covenant, either to restrain violation or to recover damages from the violations.
20. Invalidation of any one of these covenants by a judgment, or court order, shall in no way affect any of the other provisions or covenants, which shall remain in full force and effect.
21. Notwithstanding anything to the contrary contained herein, Aero Estates, L.P. reserves unto itself, its heirs, successors and assigns, and its or their designated agent or agents, the right to use any unsold lot or lots for a temporary office location, for storage and use of construction equipment and materials and to place a sign or signs on any unsold lot in the properties.
22. This Declaration amends and restates in its entirety the Original Declaration, and shall be effective as of the date hereof with the SAME PRIORITY AS THE ORIGINAL DECLARATION, it being expressly understood and intended that NOTHING CONTAINED HEREIN SHALL IN ANY MANNER IMPAIR OR AFFECT THE VALIDITY OR PRIORITY OF THE COVENANTS AND OBLIGATIONS CREATED UNDER THE ORIGINAL DECLARATION.
23. NOTICE. AERO ESTATES IS AN AIRPORT COMMUNITY, AND OWNERS SHOULD BE AWARE THAT THERE WILL BE AIRCRAFT OPERATIONS ON THE RUNWAY AND TAXIWAYS, WHICH ARE AN INTEGRAL PART OF THE COMMUNITY. ALL AIRCRAFT WILL HAVE THE RIGHT-OF WAY AND PRIORITY OVER CARS, TRUCKS AND BOATS. “RUN-UP” SHALL BE DONE IN SUCH A MANNER AS TO NOT CREATE A NUISANCE OR CAUSE DAMAGE TO THE PROPERTY OF OTHERS. NO MOTOR VEHICLE IS ALLOWED ON TAXIWAYS OR RUNWAYS EXCEPT AS APPROVED BY THE ASSOCIATION.
WHEREAS, “AERO ESTATES” is a subdivision of approximately 118.467 acres in the John Ferguson Survey, A-7, Henderson County, Texas, and the John Ferguson Survey, A-22, Anderson County, Texas as more fully described on Exhibit “A” attached hereto and identified as Unit I, Unit II, and Unit III of Aero Estates Subdivision (hereinafter referred to as the “Property” or the “Subdivision”) as recorded in the plats (collectively, the “Plat”) in Cabinet D, Slide 80, Cabinet D, Slide 245, and Cabinet D, Slide 191, Plat Records of Henderson County, Texas and in Cabinet B, Slide 206, Plat Records of Anderson County (“Plat Records”);
WHEREAS, David Lockwood, a former owner of the Property, placed certain covenants, conditions and restrictions on the Property pursuant to that certain document entitled Aero Estates Restrictions and Covenants, which was executed on March 14, 1984 and recorded in Volume 1053, Page 110, Deed Records of Henderson County, Texas (the “original Declaration”);
WHEREAS, the Original Declaration provides that the Original Declaration may be altered, amended or revoked by the owners of at least sixty percent (60%) of the residential lots comprising the Property;
WHEREAS, the undersigned Owners are the record holders of at least sixty percent (60%) of the Ownership interest in the residential lots comprising the Property, and said Owners desire to amend and restate the Original Declaration in its entirety;
WHEREAS, it is the desire of “The Association” and the undersigned Owners to amend and restate the Original Declaration in its entirety, and to place certain covenants, conditions and restrictions upon and against the Property in order to establish a uniform plan for the benefit of both the present and future owners in the Subdivision. These covenants, conditions and restrictions will also cover any replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/or Anderson County.
NOW, THEREFORE, the undersigned Owners hereby adopt, establish and impose upon the Subdivision known as AERO ESTATES, and declare the following reservations, easements, restrictions, covenants and conditions, applicable thereto, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the Property, which Restrictions shall run with the Property and title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof except that no part of this Declaration or the Restrictions shall be deemed to apply in any manner to any areas not included within the boundaries of Unit I, Unit II and Unit III as identified in Exhibit A.
COVENANTS, CONDITIONS AND RESTRICTIONS
1. As used herein, and unless the context clearly indicates to the contrary, the following terms shall have the meanings attributed to them below:
a. "AERO ESTATES" shall mean and refer to the Subdivision and all of the land described in the preamble to these Restrictions and as set forth in the respective map or plats of AERO ESTATES, as same appear of record in the office of the County Clerk of Henderson County and/or Anderson County, Texas.
b. "Association" shall mean the Property Owners Association of Aero Estates, Inc., a non-profit corporation.
c. "Lot" shall mean and refer to any tract of land identified as a lot or tract on the Plat. For purposes of this instrument, "Lot" shall not be deemed to include any portion of any common areas in the Subdivision, regardless of the use made of such areas.
d. "Committee" shall mean and refer to the Architectural Committee for AERO ESTATES as set forth in item 11 hereof.
e. "Owner" or "Owners" shall mean and refer to the owner or owners of the fee simple title to one or more Lots but shall not mean or refer to any person or entity holding only a lien on a Lot or owning only any easement or a mineral interest thereon or therein.
2. All lots shall be known and used exclusively for Airpark Residential Purposes. This means residential lots on an airpark, for a house or a house with a hangar. Those owners of record prior to February 1, 2003, and their successors, have the option to build a hangar or a hangar house.
3. No lot shall be re-subdivided, and no more than one single family dwelling, not to exceed thirty (30) feet in height over closest runway access point, shall be erected, placed or permitted to remain on any residential lot. No structure of a temporary character, trailer, mobile home, motor home, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. An exception for a temporary time of construction not to exceed 180 days may be allowed.
4. No residence of less than one thousand (1000) square feet of heated living area, excluding porch area, carport, garage, or hangar space shall be erected or constructed on any lot. Those owners of record prior to February 1, 2003, and their successors, are exempt from this requirement.
5. Any building erected on a Lot shall be built on a concrete foundation, and shall conform to all existing federal, state and local building codes for the type of building under construction. Buildings shall be neat in appearance and no building or structure shall be constructed or erected on the premises that shall be considered detrimental to the development. Any wood exteriors shall be stained or painted with two coats of paint or stain. All residences must be completed on the exterior within one hundred and eighty (180) days from the beginning date of construction; a onetime extension may be granted by the Architectural Committee.
6. No residence, garage or hangar shall be located on any lot nearer than twenty-five (25) feet to a taxiway, runway or road, nor nearer than ten (10) feet to the side lot line of any lot. In the event of common ownership of more than one lot and the construction of one building on more than one lot, the combined area owned shall be considered as one lot. No obstruction greater than 18 inches in height shall be located on any lot nearer than 10 feet to a taxiway or runway.
7. An easement five feet in width along the perimeter of all lots is to be used for purposes of the utilities, with exact location, within that easement, to be decided by the utility company. All utilities are to be buried. No building shall be located over, under, upon or across any portion of any utility easement.
The Owner of each Lot shall have the right to construct, keep and maintain concrete drives, fences, and similar improvements across any utility easement, and shall be entitled to cross such easements at all times for purposes of gaining access to and from such Lots, provided, however, any concrete drive, fence or similar improvement placed upon such Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot subject to said Utility Easements shall be responsible for (i) any and all repairs to the concrete drives, fences and similar improvements which cross or are located upon such Utility Easements and (ii) repairing any damage to said improvements caused by any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Utility Easements.
8. No outdoor toilet shall be erected, placed or permitted to remain on any lot. All individual sewage disposal systems shall be located, constructed and equipped in accordance with standards and requirements which are substantially equal to or exceed the minimum requirements for such systems as recommended by local health and zoning authority. Portable facilities may be used for special occasions only.
9. No sign shall be erected, placed, or permitted on any residential lot, except a standard real estate for sale sign, not to exceed sixteen (16) by twenty-four (24) inches. Signs installed prior to February 1, 2003 by owners of record are exempted.
10. No external tower or antenna except satellite TV dishes shall be allowed on any lot or structure; a waiver can be granted by the Association on an individual basis. Antennas or towers installed prior to February 1, 2003 by owners of record are exempted.
11. An Architectural Committee composed of four (4) members is hereby established for AERO ESTATES. Until such time as 95% of the platted lots are sold, the Committee shall consist of two (2) members of the Association, elected by the Association, and two members appointed by Aero Estates, L.P. and its successors. At such time as 95% of the platted lots are sold, the Committee shall consist of four (4) Association members to be elected by the Association. The Association Board of Directors shall have the right to appoint a new Association member for the Committee in the event of a vacancy due to death or resignation until such time that the Association can elect a replacement.
Prior to construction, all plans for a building or exterior improvement shall be approved by a majority of the Architectural Committee. The plan must show all uses and dimensions and the location of the building and/or improvement. Should a deadlock occur, a majority ruling by the Association Board of Directors shall be used. If no answer on proposed plans is received from the Committee within 30 days, the plan is automatically approved. The property owner shall have the right to appeal the Committee’s decision to the general membership of the Association.
The Committee , with oversight by the Association, may authorize variances from compliance with any of the provisions of this Declaration. Such variances must be in writing and shall become effective when approved in writing by the Committee. Variances from the Plat of record must be filed at the county court house.
12. No lot shall be used or maintained as a dumping ground for garbage or other refuse. Trash, garbage or other wastes shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no noxious or offensive trade or activity shall be performed on any residential lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, but not limited to, lighting.
13. The owner of each lot shall keep the same clean and free of weeds and debris. Upon failure to do this, the Association will notify the owner personally or by certified mail. If the owner does not respond within 21 days, the Association may have the lot cleaned at the lot owner’s expense.
14. No animals or fowl, except household pets, shall be kept or maintained on any lot. Local pet ordinances will apply, and no owner will be allowed more than two pets at any time.
15. Each property owner shall be a member of the Association and be subject to its rules and regulations and shall have one vote in accordance with the Association Bylaws, regardless of number of lots owned.
16. The Association shall establish safety policies and procedures and shall provide for the enforcement of these Covenants, Conditions and Restrictions. Aero Estates, L.P. or its successors shall be responsible for maintaining liability insurance and the maintenance of the common areas until such time as 95% of platted lots are sold or the Association agrees to assume responsibility, which ever comes first.
Aero Estates, L.P. or its successors shall deed over the common areas of AERO ESTATES, including the roads, taxiways, runway, and the five-foot reserve along the waterfront area (as shown on exhibit A), to the Association at such time as 95% of platted lots are sold. Aero Estates, L.P. or its successors may deed over the common areas at an earlier time if the Association agrees. The Association at that time shall assume the responsibility for all future tax liability (if any) and the lease agreement with the Upper Neches River Authority for the waterfront access and use.
17. The Plat dedicates for use as such, subject to the limitations as set forth therein, the roads, streets and easements shown thereon. All dedications, restrictions and reservations created herein or shown on the Plat, replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/or Anderson County, Texas, shall be construed as being included in each contract, deed, or conveyance executed or to be executed by or on behalf of Aero Estates, L.P. or its successors and/or any Owner, conveying the Property or any part thereof whether specifically referred to therein or not. All Owners shall have free and unlimited access to any common area in the subdivision, which shall include any areas of land for the common use, enjoyment and benefit of the Association and the Owners, including, without limitation, the runway, taxiways, roads, lake point (subject to the regulations of the Upper Neches River Authority), boat ramp, docks, piers, boat basin and any future area in the Subdivision designated by the Association as a "common area”.
18. These covenants are to run with the land and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part; however, they may be changed, altered, amended or revoked in whole or in part by petition of the owners of eighty (80) percent of the residential lots.
19. Enforcement of these covenants shall be a legal or equitable proceeding against any person, or persons, violating or attempting to violate any covenant, either to restrain violation or to recover damages from the violations.
20. Invalidation of any one of these covenants by a judgment, or court order, shall in no way affect any of the other provisions or covenants, which shall remain in full force and effect.
21. Notwithstanding anything to the contrary contained herein, Aero Estates, L.P. reserves unto itself, its heirs, successors and assigns, and its or their designated agent or agents, the right to use any unsold lot or lots for a temporary office location, for storage and use of construction equipment and materials and to place a sign or signs on any unsold lot in the properties.
22. This Declaration amends and restates in its entirety the Original Declaration, and shall be effective as of the date hereof with the SAME PRIORITY AS THE ORIGINAL DECLARATION, it being expressly understood and intended that NOTHING CONTAINED HEREIN SHALL IN ANY MANNER IMPAIR OR AFFECT THE VALIDITY OR PRIORITY OF THE COVENANTS AND OBLIGATIONS CREATED UNDER THE ORIGINAL DECLARATION.
23. NOTICE. AERO ESTATES IS AN AIRPORT COMMUNITY, AND OWNERS SHOULD BE AWARE THAT THERE WILL BE AIRCRAFT OPERATIONS ON THE RUNWAY AND TAXIWAYS, WHICH ARE AN INTEGRAL PART OF THE COMMUNITY. ALL AIRCRAFT WILL HAVE THE RIGHT-OF WAY AND PRIORITY OVER CARS, TRUCKS AND BOATS. “RUN-UP” SHALL BE DONE IN SUCH A MANNER AS TO NOT CREATE A NUISANCE OR CAUSE DAMAGE TO THE PROPERTY OF OTHERS. NO MOTOR VEHICLE IS ALLOWED ON TAXIWAYS OR RUNWAYS EXCEPT AS APPROVED BY THE ASSOCIATION.