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Fairway Estates Restrictive Covenants

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:

            That 20.326 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 writing.

2.         Minimum heated square footage of primary structure (not including the required two car garage)
             1 acre non golf course lots - 1800 sq ft (lots #10 - #17)
             1 acre golf course front lots - 2200 sq ft (lots #1 - #9)

*Total square footage of secondary structures will be limited to the heated square footage of the primary structure.

3.         Minimum roof pitches will be 7/12 front to rear & 12/12 side to side.

4.         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 fire places.

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 can begin.

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 construction begins.

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 subdivision maintenance.

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 be approved.

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 are permitted.

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 fines.

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 completed.

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 prohibited.

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 only.

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 and covenants.

29. If 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

 

 

State of Texas

 

County of Grayson

 

            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 Texas                                            

                                                                                                My commission expires: _________________

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Contact Us             Phone - (903)  327-5544                  Email  Steve @  Salem Design & Construction
255 Golf Walk Circle,  Denison, TX    75020

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