Mont Del HOA

Reservations, Restrictions, and Covenants
1. Definitions

The word “lot” as used herein is intended to refer to a single piece or parcel of land shown as a lot on the attached map. The word “plot” as used herein is intended to refer to a parcel of land consisting of a lot and part of an adjoining lot or lots or two contiguous parts of any two adjoining lots into which any lots shown on the attached map be divided pursuant to powers retained by the undersigned herein. A “corner lot” or “plot” is one which abuts on more than one street. The words “building line” as used herein mean the line designated as “building line” on the attached map or as otherwise indicated herein, or as changed by the undersigned in accordance with the provisions hereof. The word “residence” as used herein, except in section 5, shall include porches, enclosed attached garages and attached servant’s quarters, as well as breezeways and every integral part thereof, including but not limited to balconies , porte-cocheres and architectural appurtenances such as cornices, bay windows and the like. The word “outbuilding” as used herein shall include any building improvement located on a lot or plot not connected with the residence. The word “street” as used herein shall include any street, drive, road, lane or public way shown on the attached map.

2. Use of Land

Only one single family residence and incidental outbuilding shall be constructed or permitted to remain on any lot or plot. No lot or plot and no residence or outbuilding located thereof shall ever be used for other than single family residence or purposes incidental thereto. No garage or outbuilding on any lot or plot shall be used as residence or living quarters. temporarily or otherwise, except by servants engaged on the premises.

3. Construction

Of Residence, Garages, and Outbuildings Residences : Each residence shall be of brick or brick veneer or of stone or stone veneer. except that the forgoing fireproof material may be used in combination with the non-fireproof material, when approved by the undersigned in writing. Roofs shall be of any approved roofing material except composition asphalt shingles. Every residence erected on any lot or plot shall front on the street on which it is located, unless the undersigned approves in writing a different frontage. Every residence on a corner lot or plot shall front on the street designated by the undersigned and shall present a good appearance on the other side on which it is located. Garages: Every garage shall be attached to the residence or to a breezeway or covered porch attached to the residence unless the written consent of the undersigned to different treatment is first had and obtained. No garage or carport shall open or face any street without the written consent of the undersigned. Outbuilding : There shall be no outbuildings placed on any lot unless by written consent of the undersigned.

4. Approval of Plans

No residence. outbuilding, fence, retaining wall, wall or structure of any kind shall be commenced, erected or maintained, nor shall any addition thereof or change or alteration thereof be made on any part of the land shown on the attached map until plans and specifications, designs, plot plans, and grading plans have been submitted to the undersigned, and they, as well as the site upon which all buildings, improvements or structures of any kind are to be constructed, have been approved by the undersigned. In passing upon such plans and specifications. the undersigned, may take into consideration. among other things, 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 to be erected, and the effect ·upon the building or other structure as planned on the adjacent or neighboring property. A copy of all such plans, sp·ecifications and other information required by the undersigned shall be left with it after the same have been approved in writing by the undersigned.

5. Required Size of Residence

No residence having a floor area of less than 2,400 square feet shall be erected on all lots. By “floor area” as that term is used above, is meant the floor area of the residence only. “Residence” as the term is used in this section 5, does not include the floor area of outbuildings, servant’s quarters, garages and similar buildings attached to the main dwelling, nor does it include the floor area of porches, attached or unattached, enclosed or unenclosed, basements, attics, etc. No building of any character may be moved from outside the area covered by this dedication to any lot or plot, so covered.

6. Set-Back from Street Line and Side Lines

Except as hereinafter set out. no residence, outbuilding, structure, improvement, fence wall, hedge or obstructions of any character shall be erected, planted or maintained or permitted to remain on any lot or plot nearer to an adjoining street or streets than the building line shown on the attached map, nor shall any residence, outbuilding or structure be located nearer than 12 feet to the side lot line, unless by written consent of the undersigned. Open porches. balconies, porte-cocheres, terraces, cornices, bay windows, spoutings, chimneys and other customary architectural appurtenances may be extended beyond the building and side lines a distance of not to exceed 5 feet. The undersigned reserves the right to change in writing any building lines shown on the attached map or the set-back line from the side lines hereinabove set out of any lot or plot so long as it holds legal title to such lot or plot and likewise reserves the right to make such changes without the consent of the owner of the property involved after it has parted with the title to such property. In no event shall such building lines be changed to as to bring them nearer to the streets. than is permitted by zoning ordinances of the city of Benbrook, then in effect, nor shall setback distances from any lot or plot be decreased by more than 5 feet with the consent of the adjoining property owners.

7. Easements Reserved

The undersigned reserves an easement on, over and under that property designated in the attached map.by the term “easement”, for the purpose of constructing and maintaining and permitting the construction and maintenance of pipe lines, conduits, telephone, telegraph and electrical and other equipment necessary to the supply of any public utility service. Fences, walls, and hedges, but no building or structure of any other character, may be erected and maintained on the easements shown on the map attached hereto, provided (1) that such fences, walls and hedges do not interfere in any way with the use of such easements by public utilities then utilizing or thereafter wishing to utilize same, (2) that the rights of the owners of such fences, walls and hedges shall be subordinate to the rights of such public utilities and (3) that such public utilities may at any time without liability to the owner remove any such fence. wall or hedge where the removal of the same is incidental to the performance of its public service operations. The undersigned shall have the right to vacate the easement appurtenant to any lot, provided such vacation shall not prevent access by utilities then occupying any such easement to any lot shown on said plat. All rights of every kind to transport persons and property by air over the premises shown on said plat are reserved in the undersigned for the benefit of the owners of the lots shown on said plat.

8. Miscellaneous

The construction or maintenance of bill-boards, signs, poster boards or advertising structures of any kind on any part of any lot or plot is prohibited, except that (1) signs not exceeding 5 square feet in size · advertising property shown on said map for sale by owner thereof other than the undersigned, and (2) signs in excess of 5 square feet in size located on lots owned by the undersigned advertising the same for sale, shall be permitted. No trailer, house, car or other movable structures shall ever be parked, placed, temporarily or otherwise, on any lot or plot for use as a residence, servant’s quarters outbuilding. No pickup truck or other truck shall be parked on the site or in the driveway outside the building line, except such trucks or pickups as may be needed during the construction of improvements. No tank for the storage of oil or other fluid may be constructed or maintained on any lot or plot above the surface thereof. This shall not preclude such water storage tanks as may be required for the furnishing of water to the subdivision. No noxious or offensive activity shall be carried on any lot or plot nor shall any nuisance be created thereon. No radio, television towers or aerial wires shall be maintained over any part of any lot not occupied by a structure, and all such must be approved in writing by the undersigned, prior to erection. Uniform electric lights with detachable mail boxes have been approved by the undersigned and will be required on each lot, to be placed on the lot in a manner approved by the undersigned.

9. General

The undersigned reserves the right from time to time as it may see fit by amended dedication or otherwise, to redivide and replat any property shown on the attached map not theretofore sold by it; to change the size of any lot or lots shown in this or any subsequent dedication or map of said property; to change the location on streets and easements prior to the time the same shall have actually been opened up for public use or availed of by the public utilities. all without the consent of any person owning any of the property described hereinabove; provided, however, that no change (1) shall operate to deprive any then owner of any such property of reasonable access to his property or (2) shall result in reducing the frontage or depth of any lot or plot now shown on the attached map to a number of feet less than the frontage and depth of the smallest lot or plot shown on the attached map. In the event of any dispute over the proper interpretation of any of the provisions of this dedication, the determination of the undersigned, shall be final and binding on all interested persons. The undersigned may include restrictions other than those set out herein in any contract or deed to any lots or plots without other side modifying the general plan above outline. The restrictions herein set out shall be referred to, adopted and made a part of each and every contract and deed executed by and on behalf of each and every one of the undersigned conveying said property, or any part of thereof, to all such intents and purposes as though incorporated in full therein; and each such contract and/or deed shall be conclusively held to have been so executed, delivered and accepted upon the express conditions herein stated. All the reservations, covenants, restrictions, liens and charges appearing herein, as well as those appearing in any contract, deed or other conveyance to or covering any part of this property, shall be construed together, but if any one of the same shall be held to be invalid, for any reason is not enforced, none of the others shall be affected or impaired thereby, but shall remain in full force and effect.

10. Right to Enforce

The restrictions herein set forth are imposed upon each lot and plot of land for the benefit of each and every other lot and plot, shall constitute covenants running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and or assigns, and each and every purchaser of, and person acquiring any interest in any part of such land, and their heirs and assigns, and all persons acquiring any of the land covered by these restrictions shall be taken to agree to and covenant to and conform to and observe all such restrictions as to the use of said land ( no restriction or covenants herein set forth shall be binding on any corporation, person or persons except in respect to breaches committed during the time such corporation or person owns or has an interest in said land or part thereof); and the undersigned, its successors and assigns, and the owner or owners of any part of such said land and any interest therein, acting jointly or severally, shall have the right to sue for and obtain an injunction or prevent the breach of, or to enforce the observance of, the restrictions and covenants above set forth in addition to the ordinary legal action for damages, and the failure of any one or all of such persons to enforce any of the restrictions or covenants herein set forth at the time of its violation shall in no event be deemed tobe a waiver of the right to do so at any time thereafter, nor shall the failure to enforce such restrictions as to any one or more lots or plots, or as to any one or more owners thereof, be deemed a waiver of the rig~t to enforce them as to any and all other lots and owners; nor shall the failure of the undersigned to enforce any such covenants, conditions or restrictions give rise to any cause of action against it by any other person.

11. Right to Assign

The undersigned may assign or convey by appropriate instrument to any person or corporation any or all of the rights, reservations, . easements, and privileges herein. reserved by it, or in any deed or written instrument herein authorized, whereupon such person or corporation shall succeed to the assignor’s rights and be bound by its obligations. In like manner and upon the same conditions, such assignee or any subsequent assignee or any subsequent assignee may assign the same.

12. Duration

All of the restrictions and covenants herein set forth, save as the same may be changed pursuant to the provisions of this dedication, shall continue and be binding upon the undersigned, its successors and assigns, all parties claiming by, through or under it until January 1, 1990, provided that the owners of the legal title to land accounting for more than 75 per cent of the front footage of the lots covered by this dedication, may ·at any time after 1 0 years from the date of this instrument by written instruments, duly executed, acknowledged and recorded in the Deed Records of Tarrant County, Texas, from time to time release anyone or more of the restrictions or conditions herein set forth as to any lot or lots herein dedicated, such instrument to become effective from the date of recording. All restrictions and covenants affecting lots herein dedicated in effect January 1 , 1990, shall automatically be extended from such date for successive periods of ten (1 O) years each, subject to the right to change the same pursuant to the provisions of this dedication, provided, however that by written consent agreement signed, executed and filed for record in the Deed Records of Tarrant County, Texas, the owners of the legal title to land covered by this dedication hereinabove referred to, owning at the time more than 50 per cent of the front footage of such land shown on the maps covering such dedications in effect the time, may at any time during the year 1985, or during any tenth year thereafter, release any one or more of the restrictions or conditions herein set forth as to any lot or lots herein dedicated such instrument to become effective as of the time when such restrictions would have been renewed automatically for any additional 1 0-year period but for the changes in question.

______________________________________________________
All signatures, witnessed and notarized, and relevant to the preceding
document, are on file with the City of Benbrook