That Stephen Salem, as
owner, does hereby adopt and impose the following
restrictive covenants upon only the following
described property, which is hereby designated as a
separate and distinct divisional unit:
acres of land, part of the Sifford Green survey abstract
#1151 now known as "Fairway Estates" Phase 1, as plat of
record in volume 18, page 6, plat records of
Grayson County, Texas.
1. All plans must be approved by developer before
any construction can begin, this includes & is not limited
to: the primary structure, and any other structure built.
A complete set of plans and specifications will be kept on
file by the developer including: plot plan with setbacks,
floor plans, foundation plan, and all four elevations,
included without limitation to the paint, brick, and
roofing color samples, location and design of all fencing,
driveways, headwalls, mailbox structures, lighting and
landscape design. Please allow 7 days for approval of
complete plans submitted. Construction can not begin until
a written approval is received. The approval will be given
only for the approved plans and details on file, any and
all additions or changes must be submitted and approved in
2. Minimum heated square footage of primary
structure (not including the required two car
1 acre non golf course lots
- 1800 sq ft (lots #10 - #17)
1 acre golf course front lots - 2200 sq ft
(lots #1 - #9)
square footage of secondary structures will be limited to
½ the heated square footage of the primary structure.
3. Minimum roof pitches will be 7/12 front to rear
& 12/12 side to side.
Two car garages minimum with side or rear entry will be
required for all homes. Garage sized doors on secondary
buildings also need to be side or rear entry
5. Homes to be all brick veneer, stone or masonry,
(with the exception of under covered porches, not to
exceed 40% of the perimeter) and dormers. Designs for
brick veneer, stone and masonry coverage will be approved
by the developer & any siding approved will be Hardy Plank
(concrete board) or its equivalent. Rectangular chimney
caps to hide the round standard tops are required for all
6. Required shingles are the 5 tab type, sometimes
referred to as architectural grade in Weather
wood, Barn wood or comparable color. Three tab shingles
will not be approved.
7. All homes are required to build approved brick
headwalls & brick mailboxes where the driveway meets the
street. These headwalls will require lights on both sides
of the drive, the lights are to be on a photo cell and
remain on all night every night 24/7.
8. Before occupancy 1 acre lots require 3 - 3”
caliper oak trees, lot #10 a corner lot will require 2
extra 3” caliper oak trees. All trees to be planted 30’
from the streets edge. All homes will have approved tree
locations and landscape designs before home construction
9. All vehicles will be parked behind the front of
the primary structure. Any non running, or vehicle left on
blocks must be kept inside the garage. All recreational
vehicles, boats, trailers will be screened from view from
the streets of this subdivision and within reason from
the neighbors view and the view from the golf course. All
propane tanks will be buried underground. The developer
will review all screening plans for approval.
10. Driveways will be concrete from the street to
the back of the garage.
11. Minimum building set back to be 75’ front, 20’
sides and 25’ in the rear. This applies to the primary
structure and any secondary building being built now or
any time in the future. A Plot plan showing drainage, &
building sites must be approved by developer before
12. No pre-manufactured homes will be allowed.
13. All homes will meet the current Electrical and
framing codes, independent inspections will be required by
a certified inspector, before sheetrock is installed, & a
final inspection before occupancy. If these inspections
are not obtained by the homeowner & submitted to the
developer the home will be considered Non compliant to the
Architectural guidelines. Electrical power to all
structures will be delivered underground.
14. Noncompliance to architectural guidelines (any
building under construction without written approval from
the developer) or deviations from approved plans on file
with the developer will be subject to fines from $10 to
$25 per day. All fines collected will be spent on
15. Lawn and landscape maintenance needs to be done
in a manner commensurate with a custom home subdivision.
Unkempt lawns will be subject to fines of $10 per day. All
fines collected will be spent on subdivision maintenance.
16. No livestock animals or poultry of any kind will
be raised bred or kept on any of the lots, except dogs,
cats or other household pets provided that are not kept
for breeding or maintained for any commercial purpose. All
dogs will be kept on your property and not be allowed to
run free in the subdivision.
17. All fencing must be approved by developer before
it is installed. No chain link or barbed wire fence will
18. All swimming pools must be completely below
ground. No above ground pools will be permitted.
19. Once construction is commenced by a lot owner
the home must be completed within 12 months. If not
completed within this time frame then the house will be
considered non compliant to the architectural guidelines
and would be subject to fines.
20. No exterior aerials or antennas may be erected
without developer approval; satellite dishes less than 24”
21. Trash will be contained; garbage and other waste
will be kept in sanitary containers. All equipment for the
storage or the disposal of such materials will be kept in
clean, sanitary and orderly condition. Trash violations
will be enforced during and after construction & will be
handled like unkempt yards and will be subject to daily
22. Vegetable gardening will be allowed anywhere
behind the front of the primary structure.
23. Temporary living quarters i.e. a trailer; tent
or secondary structure can NOT be used or erected for more
than 72 hours at a time before the primary structure is
24. Signs on lots will be limited to two 6 sq. ft.
signs advertising the property for sale or rent. Signs
used by a builder to advertise a property during
construction have the same restriction without written
approval from the developer.
25. The use of firearms in the subdivision is
26. No obnoxious or offensive activities will be
carried out upon any lot, nor will anything be done
thereon which may become an annoyance or nuisance to the
neighborhood. All lots and houses are for residential use
27. Any reference to the Developer on these
Restrictive Covenants shall be deemed to refer to Stephen
M. Salem, his successors or assigns.
28. These restrictions and covenants are hereby
declared to be covenants running with the land and shall
be fully binding upon all persons acquiring the property
in said subdivision whether by descent, devise, purchase
or otherwise, and any person by the acceptance of title to
any lot of this subdivision shall thereby agree & covenant
to abide by and fully perform the foregoing restrictions
any person shall violate or attempt to violate any of the
restrictions & covenants herein, it shall be lawful for
any person or persons owning any lot in said subdivision
to prosecute any proceedings at law or in equity against
the person violating or attempting to violate any such
restriction & covenant, either to prevent him or them from
so doing or to correct such violation.
Invalidation of any one or part of these covenants or
restrictions by judgment or court order shall in no wise
affect any of the other provisions or parts of provisions
which shall remain in full force and affect.
Executed this the 4th day of May, 2006. By
Stephen M. Salem
Salem Design & Construction LLC
Before me, the undersigned authority on this
day personally appeared Stephen M. Salem known
to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations
therein expressed and in the capacities therein stated.
Given under my hand and seal of
office this 4th day of May, 2006.
Notary Public for the State of
My commission expires: