The land in Ridglea Country Club Estates, an Addition situated in part in the City of Fort Worth, and in part in the City of Benbrook, Tarrant County, Texas is subject to the Restrictions, Reservations and Covenants of the recorded Plats and Dedication given thereto. For the most part, with no material exception, Said Restrictions, Reservations and Covenants are as herein set forth.
The Ridglea Country Club Home Owners Association (RCCEHA) was given the responsibility for the enforcement of the restrictive covenants contained in the deeds to the properties in the Estates by Assignments of Record from the developers on April 14, 1976 and on July 31, 1989. Said assignments are recorded in Volume 6015 at page 744 of the Deed of Records of Tarrant County, Texas.
Section 1, USE OF LAND. Tracts A1, A2 and B1 and B2 shall be used as a golf course. All lots except those in Block 6 shall be used for private residence purposes only. The portion of Block 6 within the city limits Fort Worth shall be limited to apartments permitted under CR Restricted Apartment Classification. The portion of Block 6 within the city limits of Benbrook will be restricted to apartments; however, the dedicatiors reserve the right to approve the construction of a small shopping area. No store, flat or apartment house except herein heretofore provided though intended for residence purposes and no building of any kind whatever shall be erected and maintained thereon except private dwelling houses and such outbuildings as are customary or pertinent to residences, and all dwelling houses shall be designated for occupancy for single families only.
No garage or outbuilding on any plat shall be used as a residence or living quarters except by servants engaged on the premises and except pending the construction of the residence, and then for a total not to exceed one year.
Section 2, APPROVAL OF PLANS. All plans for the erection of any plat shall be prepared by a licensed architect and if a designer is used, then the designer must be approved in advance by J. T. Luther, Jr. or Fritz E. Barton, or their designees, before the plats are drafted. No building fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition thereto or change of alterations therein be made until plans and specifications, color schema, plot plan and grading plan therefore, shall have been submitted to and approved in writing either by J. T. Luther, Jr. or Fritz E. Barton, or their designees.. and a copy thereof as finally approved lodged with the dedicators. In passing upon such plans, specifications, and other requirements, they shall take into consideration the suitability of the proposed building or other structure and the materials of which it is to be built, to the site upon which it is proposed to erect same, and the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from adjacent or neighboring property.
Section 3, MATERIAL. The exterior material of any residence shall be a minimum of 75% masonry or similar construction on the exterior wall surface.
No composition roofs shall be used on any residence and built up roof may be used on flat surface and roofs with a one and one-half inch pitch may have the built-up roofs.
No outbuildings shall exceed the residence to which it is appurtenant in height or number of stories, unless the written consent of J. T. Luther, Jr. or Fritz E. Barton, or their designees, has been first obtained. Every outbuilding except a greenhouse shall correspond in style and architecture to the residence to which it is appurtenant and shall be of the same materials, both walls and roof, as such residence.
Section 4, FRONTAGE. Every residence on any plot shall front or present a good frontage on the street or streets on which the lot or lots composing such plot are deemed to front, and there will be no garage opening facing on the street in which the house fronts.
Residence on corner lots hsall have a presentable frontage on all streets on which the particular lot fronts.
Section 5, SET-BACK OF RESIDENCE FROM STREET LINE. No residence or any part thereof shall be erected or maintained on any of said lots nearer to the adjoining street or streets than the building lines shown on the attached plat. However, covered or uncoverd, but no enclosed porches, balconies, portacochers, and terraces may extend beyond the building line toward the street or streets on which such plot fronts not more than twelve(12) feet. Bay or other windows, vestibules and stairway landings(other than full two-story windows, vestibules and stairway landings), cornices, spouting, chimneys, or other similar projections may extend not more than four(4) feet beyond the building line in the direction of any street adjoining the plot. And steps leading to residence may extend beyond such building line, provided such steps are not higher than the level of the first floor of the residence.
Section 6, FREE SPACE. No part of any residence shall be erected or maintained nearer then ten(10) feet to the side property line of the plot upon which it is erected, unless written consent or either J. T. Luther, Jr. or Fritz E. Barton, or their designees, is obtained, together with the consent of the adjacent property owner.
Section 7, SET-BACK OF OUTBUILDINGS FROM STREET. No outbuildings shall be erected or maintained on any of said lots nearer to the adjoining street or streets than the outbuilding limits shown on the attached plot. However, the dedicators reserve the right to change any outbuilding limit line established on any lot, but in no event shall the outbuilding limit line shown on the attached plat be changed so as to bring it more than ten(10) feet nearer any adjoining street than such line now is shown on such plat. And said outbuilding limit line shall not be moved nearer any adjoining street unless the owner or owners of the lot or lots in the same block which border on said street and which are contiguous to the lot upon which it is proposed to make such change, shall first give written consent thereto. The projection of cornices, spoutings, chimneys and purely ornamental projections over said building limit line shall not be construed as a violation of the provisions of this section.
Section 8, OUTBUILDING FREE SPACE REQUIRED. In fixing the dimensions of all outbuildings, including greenhouses, with reference to the width of the plot on which such buildings are located, the measurement of such plot width shall be taken along the rear property line thereof. Outbuildings other than greenhouses shall not extend sixty(60) feet in width, and if more than one such outbuilding is erected, the combined widths thereof shall not exceed sixty(60) percent of the width of the plot with the written consent of the dedicators. Greenhouses shall not exceed twenty(20) feet in width. No more than fifty(50%) of the width of any plot shall be occupied by such outbuildings, exclusive greenhouses, and if the greenhouse be included, that not more the sixty(60%) percent of such width shall be occupied by all outbuildings including greenhouses. However, the dedicators may permit occupancy of as much as seventy(70%) percent of any plot by all outbuildings, including greenhouses, by giving their written consent thereto. In the case of corner lots having an angle or angles in the outbuilding limit line, all outbuildings may be erected to such width and occupy such area as the space on the interior side of the outbuilding limit line allows.
Section 9, MINIMUM FLOOR SPACE REQUIREMENTS. (Refer to the recorded Plats and Dedications applicable to the Blocks and Lots thereunder.)
Section 10, EASEMENTS RESERVE. Above, upon and under the area marked “Easement” on the attached plat, the dedicators reserve the right to construct and maintain, or cause to be constructed and maintained, pipe lines, conduits, poles, wires, and any other equipment necessary to the performance of any public or quasi-public utility service and function, with the right of access thereto at any time for the purpose of further construction and maintenance and repair. No building or other permanent structure shall be erected or maintained on any part of any area marked “Easement” , but the owners of the lots may erect and maintain a fence, wall or hedge along the property line with such easements, subject to the provisions of Section 11, hereof, and subject at all times to the prior right to use such area for utility and quasi-utility purposes.
All right of every kind to transport persons and property by air over the premises shown on said plat are reserved in the dedicators for the benefit of the owners of the lots shown on said plat.
Section 11, SIGN, BILLBOARDS AND MISCELLANEOUS STRUCTURES. The construction or maintenance of billboards, posterboards, or advertising structures of any kind on any part of any lot is prohibited, except that signs not exceeding five(5) square feet I size advertising property shown on said plat for sale or rental permitted. Amended to permit political signs in accordance with Texas State Law. See the following for compliance information: Political Signs
No fence, wall, or hedge, nor any pergola or other detached structure for ornamental purposes, shall be erected, grown, or maintained on any part of any lot on the front or exterior side of the building line as shown on said plat.
No radio aerial wires shall be maintained over any part of any lot not occupied by a structure, nor more than fifteen(15) feet above the roof of any structure. No provisions shall be made in any lot for the raising of poultry or the housing of cows, horses or other livestock.
No trailers, campers or boats shall be parked in the open on any lot.
No tank for the storage of oil or other fluid may be maintained on any lot above the surface thereof. On any lot abutting on the golf course no wall or fence shall be erected on the boundary line of the golf course unless said wall is of the same construction and material of the house and it must conform to the architecture of the house. No fences or chainlink or wood type construction will be utilized on any lots abutting on the golf course. Any fence erected within twenty(20) feet of the rear boundary of the lots abutting on the golf course must be approved in writing by the developers unless said fence or wall is constructed of the same material and architecture of the house.
The dedicators reserve the right to waive any of the prohibitions set forth in this section as to any lot or lots shown on the attached plat, such swiver to bend the dedicators, their successors, and all owners of lots shown on said plat. Waiver in the manner above set forth as to any particular lot or lots shall not release the prohibitions in this section as to any other lot.
Section 12, DURATION.Any of the restrictions and covenants herein set forth shall continue and be binding upon the dedicators and upon their successors and assigns for a period of twenty-five(25) years from the date this instrument is filed for record in the office of the County Clerk of Tarrant County, Texas, and shall automatically be extended thereafter for successive periods of fifteen(15) years; provided however, that the owners of the legal title to the lots having more than fifty(50%) percent of the front footage of the lots shown on this plat may release all of the lots hereby restricted from any one or more of said restrictions and covenants and may release any lot shown on said plat from restrictions or covenants created by deed from the dedicators at the end of the first twenty-five(25) year period or at the end of any successive fifteen(15) year period thereafter by executing and acknowledging any appropriate agreement or agreements in writing for such purpose and filling the same for record in the manner then provided for the recording of land instrument at least five(5) years prior to the expiration of the first twenty-five(25) year period, or at least five(5) years before the expiration of any fifteen(15) year period thereafter.
Section 13, RIGHT TO ENFORCE. The restrictions herein set forth shall run with the land and bind the dedicators, their successor, and assign, and all parties claiming by, through, and under them shall be taken to hold, agree, and covenant with the dedicators and the successors in title, and with each of them, to conform to and observe all restrictions and covenants as to the use of said lots and the construction of improvements thereon, but no restrictions or covenants herein set forth shall be personally binding on any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of or title to said land, and the owner or owners of any of the above land shall have the righ to sue for and obtain an injunction prohibitive or mandatory, to prevent the breach or to enforce the observance of the restrictions and covenants above set forth in addition to the ordinary legal action for damages, and failure of the dedicators or owners of any other lot or lots shown on this plat to enforce any of the restrictions or covenants herein set forth at the time of its violation shall in no event be deemed to be a waiver of the right to do so an any time hereafter.
Section 14, DEDICATORS’ RIGHT TO ASSIGN. The dedicators may assign or convey by appropriate instrument to any person or corporation any of all of the rights, reservations, easements and privileges herein reserved by it and upon such assignment of conveyance being made, their assign or grantees, at their option, may exercise, transfer or assign such rights, reservations, easements and privileges, or any one or more of them at any time or times, in the same way and manner as though directly reserved by them or it in this instrument.
Allen Place Addition
Covenants, Conditions and Restrictions
Section 1, RESIDENTIAL USE. All lots in this tract shall be known and described as residential lots, and shall be used for single family residential purposes.. No residence shall be erected, altered, placed or permitted to remain on any lot other than one(1) detached single-family residence per lot.
Section 2, SQUARE FOOTAGE, No single family detached dwelling shall be constructed on said lots which contains a floor area within the main structure exclusive of open porches, garages, and breezeways, of less than 2000 square feet. It is expressly understood and agreed that the above minimum floor space requirements may be reduced by ten percent(10%) on any lot by written authorization of the Committee.
Section 3, EXTERIOR SURFACES. The total exterior wall area of the first floor shall not have less than seventy-five(75%) brick, brick veneer, stone, stone veneer or glass. All chimneys shall be of masonry construction.
Section 4, GARAGE. Each residence shall not have less than a two(2) car garage. The garage door of any house must open to the side or rear for inside lots except that a garage door can open toward the street provided the garage is a minimum of thirty feet(30’) behind the front building line. Swing entry garages are allowed.
Section 5, DRIVEWAYS. All driveways shall be concrete, brick or another masonry construction as approved by the New Construction Committee. All access to garages must be entered from the public alley in Lots 1 through 24, Lots 27 and 28, of Block 2. All residences constructed in Allen Court and Ernest Court must face the court in which it is adjacent.
Section 6, ROOFING. All roofing of residences must be built with concrete tile, clay tile, wood shingles or a composition shingle in brown or gray tones as approved by the New Construction Committee. All roofs must be constructed with at least an 8 ½ pitch.
Section 7, ANTENNAS. No satellite discs, or any other type of instrument or structure, receiving radio or television reception, or other types of sound or video reception, shall be allowed at any place outside the house, or on a lot except that such a structure may be placed in the backyard or a lot so long as it is not visible from the view of any street. No use shall be made of any lot or structure thereon for any type of radio or television or similar broadcasting systems.
Section 8, FENCES AND WALLS. All fences shall be of wood, masonry or ornamental iron construction as approved by the New Construction Committee, and shall not exceed the height of eight(8) feet. All fences constructed of wood must be solid and constructed of standard size planks. Said fence or wall must be completed not later than at the time of completion of the residence. All lot owners with lots contiguous to Allen Place Addition agree to keep in good repair and to maintain the masonry, wood or iron exterior fence, and shall not remove, alter, paint or otherwise change the general aesthetic effect of the perimeter fence. All retaining walls must be of masonry construction faced with brick, stone or reasonable facsimile.
Section 9, MAILBOXES. Mailboxes shall be constructed of brick or ornamental iron to match the residence in a style and form approved by the New Construction Committee.
Section 10, LANDSCAPING. Each lot on which a dwelling unit is constructed shall have landscaping including but not limited to shrubs, flowers, at lest two(2) trees in the front yard which shall be approved by the New Construction Committee , ground cover and grass, either sod or hydro mulch, of a sufficient quality, quantity and design to be compatible with landscaping on adjoining lots. An underground sprinkler system must be installed in all front yards. Landscaping of a lot, including the sprinkler system, shall be completed within one hundred twenty(120) days after the date of which the house or residence is complete. Lot owners shall use reasonable efforts to preserve, keep and maintain the landscaping in healthy and attractive condition.
Section 11, SIGNAGE. No sign of any kind shall be displayed to the public view on any lot except one(1) professional sign of not more than six(6) square feet advertising the property during the construction and sale period. Grantor or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. Grantor shall have the right to erect and maintain two billboards of not more than ninety-six(96) square feet so long as Grantor is marketing lots on the Land.
Section 12, GRASS AND TRASH. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and said rubbish, trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for storage or disposal of such material, shall be kept ina clean and sanitary condition. Grass, weeds and vegetation of each lot in the Subdivision shall be kept mowed at regular intervals so as to maintain the lot in a neat and attractive manner. Upon failure to maintain a lot, the Grantor or its assign of said Property may, at its option, have the grass, weeds and vegetation cut when, and as often as necessary in its judgment, and the owners of the property shall be obligated to reimburse the Grantor or its assigns for the cost of such work.
Section 13, ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any property in the Subdivision except that dogs, cats or other household pets may be kept for the purpose of providing companionship to the family.
Section 14, VEHICLES. Trucks with tonnage in excess of one(1) ton shall not be permitted to park on streets, driveways or lots overnight, and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept in the Property at any time. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pickup camper, travel trailer, motor home, camper body, or similar vehicle or equipment may be parked in the open on any lot, or parked on any public street in the Subdivision. No junk vehicles or vehicles in disrepair or neglect shall be stored, repaired or displayed in any lot, street or otherwise in this Property.
Section, 15, OIL DRILLING. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or other structure designed for use in boring for oil or natural gas be erected, maintained or permitted upon or in any lot.
Section 16, OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot nor anything be done thereof which may be or may become an annoyance or nuisance to the neighborhood.
Section 17, TEMPORARY STRUCTURES. No structure of a temporary character such as a trailer, basement, tent, shack, barn or other outbuilding shall be used on any lot at any time as a residence; however, builders may maintain and occupy model houses. Sales offices during the construction oand sales period will be accepted only with the permission and under the terms and conditions provided by the Grantor herein.
Section 18, OUTBUILDINGS. All outbuildings except greenhouses shall correspond in style and architecture to the residence to which it appertains and shall be of the same materials, both walls and roof, as such residence unless said outbuilding is erected so as not to be visible from the street or to other property owners.
Section 19, SOLAR PANELS. Any roof solar heating units installed must be architecturally acceptable and approved by the New Construction Committee and have no glare reflected to other property owners.
Section 20, AIR CONDITIONING UNITS. No air conditioning apparatus shall be installed on the front of a dwelling house. In the event a compressor system is placed in the required side yard of any lot, the compressor system must be located ten(10) feet behind the front building line, but in instance shall this compressor system extend further than the front wall of the dwelling unit. No evaporative cooler or other window cooler shall be installed on the front wall or window or the side wall or window of the dwelling house.
Section 21, INSPECTION. The Grantor reserves the right during the construction of the improvements to enter upon the subject lot for the purpose of inpecting said construction to ascertain that the approvals and/or restrictions heretofore provided for are being complied with. However, the failure of the undersigned to inspect said improvements during construction does not constitute a waiver or the righs of Grantor, the New Construction Committee or any lot owner to enforce the provisions contained herein at any time after the construction of said improvements has been completed.
Section 22, ASSIGNMENT OF INTEREST. The New Construction Committee may assign, with unanimous approval of all members, to any person or corporation any or all rights, powers, reservations, easements and privileges herein reserved by and to the Committee, and such assignee shall have the same right to so assign. Any individual member of the New Construction Committee may, with unanimous approval of all members, assign to a person or corporation of their choice, either temporarily or permanently, all of its right and obligations as a New Construction Committee member hereunder.