Deed restrictions
335 BUSINESS PARK
UNIT NO. 1
DECLARATION OF RESTRICTIVE COVENANTS
PLAT NO: File Clerk’s No. 2021009383, Official Public Records of Randall County, Texas
THIS DECLARATION is made effective the 21st day of April, 2021, by The 3thirty5, LLC (hereinafter, the “Developer”), regardless of the date actually executed by the undersigned.
WHEREAS, Developer is the sole owner of the property more particularly described on the above–referenced plat also attached hereto as Exhibit “A” and incorporated herein for all purposes, a subdivision in Randall County, Texas (hereinafter, the “Property”) upon which Developer intends to establish a commercial development complex generally identified as 335 Business Park;
AND WHEREAS, the Developer will convey the Property, subject to certain protective covenants, conditions, restrictions, reservations and charges as hereinafter set out; and
AND WHEREAS, the Developer desires to create and carry out a uniform plan for the improvement, development, and sale of the Property and portions thereof for the benefit of the present and future owners of the Property and portions thereof, Developer hereby adopts and establishes the following declarations, reservations, restrictions, covenants, conditions and easements to apply uniformly to the use, improvement, occupancy, and conveyance of the Property, including the roads, avenues, streets and alleys therein, and each contract, deed and conveyance of any kind or character which may be hereafter executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject the following (regardless of whether or not the same are set out in full or by reference in said contract, deed or conveyance);
NOW, THEREFORE, Developer hereby declares that the Property shall be held, sold and conveyed subject to the attached and incorporated plat and the following easements, restrictions, covenants and/or conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subdivision. These easements, covenants, restrictions and/or conditions shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the Subdivision or any part thereof, and shall be for the benefit of each owner thereof.
1. DEFINITIONS
a. “Review Committee” shall mean and refer to a committee composed of the Developer, or its nominees, until such time as the Developer has conveyed 100% of the lots described above.
b. “Subdivision” shall mean and refer to the established Unit 1 of 335 Business Park, in addition to the subsequently developed Unit 2 and Unit 3 (and any other subsequently developed units) of 335 Business Park, each of which shall similarly be subject to the Declaration, unless and except as otherwise subsequently amended of record.
c. “Lot” shall mean and refer to the various lots, tracts or parcels of ground designated on the attached plat establishing Unit 1 of 335 Business Park or such lots, tracts or parcels of ground designated on any subsequently recorded plat establishing Unit 2, Unit 3 (and any other subsequently developed units) of 335 Business Park in Randall County, Texas.
d. “Lot Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot or tract which is a part of the Subdivision, but excluding those having such interest merely as security for the performance of an obligation such as lenders and holders of mortgages.
2. MAINTENANCE
Each Lot Owner shall maintain each Lot owned thereby, including easements and road rights of–way adjacent to said Lot and all improvements located on said Lot, in a reasonable manner, consistent with the maintained condition of Lots throughout the Subdivision.
3. REVIEW COMMITTEE – FUNCTION
It is the purpose and function of the Review Committee to ensure the best use and most appropriate development and improvement of the Property for quality and consistency in architectural design; to prevent upon the Property the erection of poorly designed and proportioned structures and structures built of improper or unsuitable materials; to encourage and secure the erection of attractive structures thereon with appropriate locations thereof on the Lots; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and in general to provide for high quality and aesthetically pleasing type of improvements to the Subdivision which will protect and enhance the values of the Lots insofar as they exist in relation to a business/industrial park center as a whole in addition to protecting and enhancing the value of the remainder of the Property. In order to best achieve such objectives, all architectural designs, whether for primary structures or accessory structures, will be subject to review and approval of the Review Committee.
4. REVIEW COMMITTEE – PLAN APPROVAL
In order to ensure the architectural integrity and quality of the Subdivision, the Review Committee is hereby empowered to review and approve all plans, to establish standards for the development of the Subdivision, and to ensure the proper appearance of the Subdivision. In accordance with that directive, the Review Committee shall endeavor to ensure architectural integrity and conformity with the existing structures and residences within the Subdivision and to ensure a properly landscaped and maintained development. All determinations of the Review Committee shall be within the sole discretion of the committee and shall be inclusive.
All plans for the construction of any building, fence, wall, or structure to be erected upon any Lot and the proposed location thereof, and any changes after approval thereof, any remodeling, reconstruction, alteration, or addition to any building, driveway, or other structures upon any Lot shall require the approval in writing of the Review Committee. Before beginning the construction of any building, fence or other structure whatsoever; and prior to commencement of remodeling, reconstruction, or altering such structures upon any Lot, the person or persons desiring to erect, construct, or modify the same shall submit to the Review Committee one set of building plans and specifications, (including exterior color scheme) and plans for the building, fence or other structure so desired to be erected, constructed, or modified. No structure of any kind which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed, or maintained upon any Lot. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the Review Committee. The Review Committee shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications, nor shall the Review Committee have any responsibility for defects that might occur in any landscape, drainage, or site plan presented to and approved by the Review Committee. The Review Committee shall have twenty (20) calendar days to approve or reject all plans submitted in accordance with this section, and in the event the Review Committee fails to approve or disapprove such design and location within thirty (30) calendar days after said plans and specifications have been submitted to it, approval will not be deemed to have been granted.
In the event any owner shall attempt to construct or alter any improvements, except in compliance herewith, the Review Committee, the Developer, or any owner shall have the authority to seek injunctive or other appropriate relief to enforce compliance with these Declaration. It is understood and agreed by the Lot Owners that violation of these covenants are likely to cause irreparable harm and significant injury, financial or otherwise, to other Lot Owners and/or the Developer, the degree of which will be difficult to ascertain, and each Lot Owner therefore expressly agrees that any injunctive or equitable relief may therefore be obtained without the posting of a bond or similar undertaking and without the necessity of proving imminent or irreparable harm.
5. DEVELOPMENT: BUILDING STANDARDS AND LAND USE
5.1. Construction Standards – In order to ensure the best and most appropriate development, use and improvement of the Subdivision, the following specific standards are hereby established:
a. All Lot Owners shall construct one building for business/industrial/commercial use and each such building shall encompass a minimum of 2400 square feet, determined by outside dimensions. Siting of more than one building per Lot shall not be permitted unless expressly allowed by Developer, and any additional building permitted shall be of like kind and quality as any already existing building on such Lot.
b. Each building must include and be serviced by a minimum of one (1) gas appliance (which may be an interior heating or HVAC unit).
c. Each Lot shall be required to install and maintain its own water well and septic system servicing only the buildings situated upon such Lot.
d. Each Lot shall maintain a parking lot constructed wholly exclusively of either concrete; or wholly exclusively of asphalt; that shall extend from the front of each building to the property line adjacent to the street running parallel in front thereof, subject to any applicable setback lines.
Each Lot shall be serviced by an entrance from each road running parallel to any side of the Lot and all such entrances shall be constructed of concrete and shall include a culvert.
f. The front of each building shall include (being the entirety of the front of the building – from side to side) veneer or similar façade facing that shall extend to a vertical height of at least four (4) feet from the ground, running in a vertical direction.
g. Each building shall include a finished-out office area at the front of the interior of the building, or, at a minimum, shall appear to include such a finished out area from the exterior of such building and shall have a finished entrance to the building on the exterior thereof.
h. Each Lot shall include exterior fencing around the sides and back of the Lot. Galvanized chain link fencing is permissible unless the area enclosed thereby is utilized for storage or overnight parking, in which case, all such fencing shall be continuous metal fencing matching the exterior of the building or buildings on such Lot sufficient to prevent visibility of stored materials and/or parked vehicles. Notwithstanding the foregoing, fences may not exceed six feet in height from the surface of the Lot razor wire or barbed wire is allowed.
i. Each building on each Lot shall be equipped with down spouts (external or internal) and all surface drainage, including roof drainage from each such building, shall be designed to confirm to the overall drainage of the Subdivision. Each Lot Owner shall be required to evaluate storm water runoff and determine what treatment is appropriate to discharge into the Subdivision’s drainage system. This evaluation and proposed treatment shall be submitted to Developer for approval, although nothing herein shall relieve such Lot Owner of the obligation to comply with all legal requirements and regulations.
j. No excavation shall be made upon any Lot except in conjunction with construction of a building, and upon completion thereof, all exposed openings shall be back filled and graded to conform with the Subdivision’s drainage system as well as any master drainage plans, if any, approved by the City of Amarillo, Texas, or otherwise governed thereby as a result of any extra-territorial jurisdiction enjoyed by the City of Amarillo, Texas.
k. Each building on each Lot shall be roofed with a metal roof consistent with the overall exterior of the building.
l. No earth contact or below-ground structures shall be constructed on any Lot. This provision is not intended to exclude a normal basement.
m. Any loading docks must be constructed in the rear of any buildings.
n. All buildings must have a light over every exterior door, and at least one light must exist upon each twenty-five (25) foot section of any Lot adjacent to and fronting any road or street.
o. Each Lot Owner shall be responsible for installation of a single mailbox receptacle consistent with the U.S. Postal Service guidelines governing the Subdivision or each specific Lot, as the case may be. Each Lot Owner shall be responsible for ensuring that the siting, installation and maintenance of all such mailbox receptacles shall be as necessary for sustained approval of the U.S. Postal Service, and Developer shall bear no responsibility or liability, financial or otherwise, for the siting, installation and maintenance of such mailbox receptacles. All mailbox receptacles shall nevertheless be of a kind, quality and character necessary to ensure consistency with the overall integrity and aesthetics of the Subdivision and all such receptacles must be approved by the Review Committee prior to installation thereof. No novelty mailboxes shall be allowed.
5.2. All construction of buildings upon any lot shall be completed within six months from the start thereof. Construction trailers and temporary, portable toilets may be sited upon any Lot during such construction, all of which must be removed from the Lot immediately upon completion of any such construction. No temporary housing, temporary garages, trailer homes, or other temporary structures shall be placed or erected upon any Lot during construction.
6. RESTRICTIONS
6.1. Noxious Activity/Trash – No noxious or offensive activity shall be carried on or within any Lot, nor shall any trash or other refuse be thrown, placed or dumped upon any Lot, nor shall anything be done which may be or become an annoyance or nuisance within or to the
Subdivision, including but in no way limited to visible storage or accumulation of equipment, inoperative vehicles, junk, appliances, furniture, and dead grass, brush or tree limbs. No Lot shall be utilized for the purpose of a junkyard or salvage yard. No Lot shall be used which, in Developer‘s discretion, negatively impacts the overall Subdivision or neighboring areas or is offensive by reason of odor, fumes, smoke, dust, light, noise or pollution or which constitutes hazardous activity by reason of fire or explosion, or which violates any law or governmental regulation.
6.2. No Residential Use – The Lots and any development thereon shall be exclusively for commercial purposes. No building or structure intended for or adapted to residential purposes shall be erected, placed, permitted, or maintained on any Lot, or on any portion of the Subdivision whatsoever.
6.3. Setback Lines/Driveways – No building, structure, outbuilding or appurtenance of any nature shall be located within any building setback line.
6.4. Utility Lines, Radio and Television Antennas – All electric, telephone, water and other utility lines shall be placed under ground and no outside electrical lines shall be placed overhead. No exposed or exterior radio of television transmission or receiving antennas shall be erected, placed or maintained on any part of the premises. Satellite dishes 36” and smaller are permitted, so long as they are positioned behind the front corners of the building.
6.5 Signs – No billboards or advertising signs of any character shall be erected, placed, permitted or maintained on any Lot or improvement thereon except signs advertising the business thereon, which signs shall not exceed twenty four (24) square feet in area, unless otherwise approved by the Review Committee, further excepting the initial marketing signage that may be placed by the Developer for the initial sale of the Lots and any additional “For Sale” or “For Lease” signs which shall not exceed sixteen (16) square feet in area that any subsequent owner of the Lot may place thereon to so advertise. Signs of a permanent nature advertising the business of any Lot Owner shall be attached to a building and shall generally conform with the overall design of the building situated upon the Lot and shall be subject to the approval of the Developer. All such signs shall be lighted and shall be comprised of channel letters or shall be commercial grade box signs. Banner signs and flag signs are expressly prohibited.
6.6 Recreational Vehicles – All recreational vehicles, including campers, trailers, or boats must be parked behind the back corners of the building on a solid surface, subject to fencing requirements regarding visibility as previously hereinabove Section 5.1.h. No recreational vehicles, campers, trailers, or boats may be parked or stored in front of any building on a Lot.
6.7 Commercial Vehicles – All heavy commercial vehicles, construction vehicles or like equipment must be parked behind the back corners of the building on a solid surface, subject to fencing requirements regarding visibility as previously hereinabove Section 5.1.h. No heavy commercial vehicles, construction vehicles or like equipment may be parked or stored in front of any building on a Lot.
6.8 No Animals – No animals are allowed to reside upon any Lot or within any building thereon without the express written consent, obtained in advance, of Developer.
6.09 Portable Toilets – no portable toilets of any kind shall be situated upon any Lot except as otherwise permitted during construction as detailed hereinabove Section 5.2.
6.10 Restricted Uses – No Lot shall house any business engaged in (nor allow any such business to operate thereon):
a. a “head shop” or other establishment primarily engaged in the selling of drug paraphernalia as the bulk of its business;
b. a hookah lough;
c. an adult bookstore or facility selling or displaying or selling access to pornographic books, literature, websites or videotapes;
d. a strip club or gentleman’s lounge;
e. a bar that does not operate primarily as a restaurant; or
f. a place of betting, gambling, bingo or other gaming including eight-liner machines or other gambling devices, although nothing herein shall prevent the sale of lottery tickets as a portion of the business of any Lot Owner; or
6.11. No Subdivision of Lots – No Lot shall be subdivided.
7. ENFORCEMENT
7.1 General Enforcement – The Review Committee, Developer or any Lot Owner shall have the right to enforce, by any proceeding at law or in equity (including injunctive relief), all restrictions, conditions, covenants, reservations, liens and easements, now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Any party enforcing these restrictions, if successful, shall be entitled to recover the expenses of enforcement, including, but not limited to, reasonable attorney‘s fees, filing fees and costs, and the costs of obtaining expert witnesses, from the party defaulting on these Restriction. Said expenses shall become a lien upon the property of the offending Lot Owner and may be enforced as provided below.
7.2. Creation of the Lien and Personal Obligation of Assessments – Each Lot Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay any expenses assessed against said Lot in any enforcement proceeding, said amount to bear interest at a rate established by the court in any such proceeding, Said amount shall become a charge on the land and shall be a continuing lien upon the property against which such enforcement is made. Such assessment shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title.
8. GENERAL PROVISIONS
8.1 Severability – In the event that any provision of this Declaration is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal or valid meaning or be construed as deleted as such authority determines, and the invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
8.2 Interpretation – Should any court be called upon to construe the provisions of this Declaration, it is intended that these provisions be liberally interpreted, considering the goals and purposes as set forth herein.
8.3 Amendment – The covenants and restrictions of this Declaration shall run with and bind the land within the Subdivision, and shall inure to the benefit of and be enforceable by the Lot Owner, the Review Committee and/or the Developer, their respective legal representative, heirs, successors and assigns, for the term of 20 years from the date of this original Declaration as recorded, after which time said covenants shall be automatically extended for successive periods of 10 years. The covenants and restrictions of this declaration may be amended solely by the Developer until the earlier of Developer‘s divestiture of title to 100% of the Lots in the Subdivision or the expiration of 20 years from the date hereof.
