3061.0S

DEDICATION, PLAT AND RESTRICTIONS

THE STATE OF TEXAS

COUNTY OF TOM GREEN

WHEREAS, JAMES R. DUNCAN, TRUSTEE, is the owner of that certain 5.150 acre tract of land located and situated in San Angelo. Tom Green County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference; and

WHEREAS, JAMES R. DUNCAN, TRUSTEE, has caused said land described in Exhibit "A" hereto to be subdivided according to a survey made by Wilson, Williams, Langhor & Associates, Registered Public Surveyors, San Angelo, Texas, as shown by the accompanying map or plat thereof;

NOW, THEREFORE, JAMES R. DUNCAN, TRUSTEE, the "Developer" does hereby adopt the accompanying map, designated thereon and to be known as "THE BLUFFS, SECTION TWENTY-TWO" to the City of San Angelo, Texas, as his plan for subdividing the said 5.150 acre tract and the Developer does hereby dedicate to the public forever the streets and easements shown on said map or plat for customary public use as such.

For purposes of protecting the addition and keeping it as an attractive area, JAMES R. DUNCAN, TRUSTEE, hereby places the following restrictions on said Subdivision as covenants running with the land:

1. No buildings or improvements shall be erected, placed, or altered on any tract, and no exterior addition or alterations to any existing building or structure on any tract, and no erection, location or alteration of fences, hedges, walls, signage, or facilities for refuse disposal on any tract shall be commenced, erected or maintained until the construction plans and specifications and a plat showing the location of same have been approved by an Architectural Control Committee, as hereinafter designated, as to quality of workmanship and materials, harmony of external design with existing structures and improvements, and as to location with respect to any setback lines, topography and finished grade of elevation. As a minimum, a preliminary sketch shall be submitted to the Architectural Control Committee, stating the use, or proposed use of the property, and showing the location, height and square footage of all buildings, enclosures, walls, fences or similar structures as well as the materials used or proposed to be used in the construction of such buildings, enclosures, walls, fences or similar structures. All setback distances from the property lines and/or curb lines shall be shown on said preliminary sketch, together with the type, location and height of all exterior lighting equipment, the location, or proposed location, of facilities f(Rir refuse disposal, and any proposed signage, including size, location, proposed illumination and the height of any signage. The final plans and specifications, incorporating the preliminary approval by the Architectural Control Committee, shall be submitted to and approved in writing by the Architectural Control Committee, and such Architectural Control Committee approval shall not be deemed to have occurred until such final plans and specifications have actually been approved in writing, as aforesaid.

In the event the Architectural Control Committee (i) fails to issue its written approval or disapproval within thirty (30) days after final plans and specifications have been submitted to it, or (ii) if no submission for approval has been made to the Architectural Control Committee, and if no suit to enjoin the building, addition, alteration or change has been commenced prior

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Yu. 147 PHE 154

to sixty (60) days after the completion thereof, then in any of said events, such Architectural Control Committee approval will not be required and compliance with this covenant will be deemed to have occurred.

2. The Architectural Control Committee shall be composed of the Developer, E. Hal Dickson, James A. Duncan and Phillip W. Duncan. Any one member of the Committee is authorized to act for the Committee as a whole and any approval by one member shall be construed as the approval of the Architectural Control Committee necessary or required in these restrictions. In the event of the death or resignation of any member of the Committee, the Developer reserves the right to appoint a successor, and if such successor is not appointed by the Developer, then the remaining members shall have full authority to designate a successor. In the event the Committee fails or refuses to function, then the record owners of the tracts containing at least seventy-five percent (75%) of the square footage of all tracts in the addition under supervision by the Committee shall have the power, by written agreement recorded in the Deed Records of Tom Green County, Texas, to change the membership of the Committee to perform the functions designated thereto.

3. Upon submission of a written request for same, the Architectural Control Committee may, from time to time, in its sole discretion, permit owners to construct, erect or install improvements which are in variance from the architectural standards, covenants or restrictions which are provided herein or which may be promulgated in the future. In any case, however, such variances shall be in basic conformity with and shall blend effectively with the general architectural style and design of the addition. No member of the Architectural Control Committee shall be liable to any owner for any claim, causes of action, or damages arising out of the grant of any variance to an owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests, such shall be in writing containing all information requested by the Architectural Control Committee in connection therewith, and the grant of a variance to any owner shall not constitute a waiver of the Architectural Control Committee's right to strictly enforce the covenants, restrictions and architectural standards provided hereunder, against any other owner.

4. These covenants and restrictions shall run with and bind the land subject hereto and shall inure to the benefit of the Developer, the Architectural Control Committee, the owner of any tract subject to these restrictions, and their respective legal representatives, heirs, successors and assigns for a term of fifty (50) years from the date these restrictions are recorded, and after which time said restrictions and covenants shall be automatically extended for successive periods of ten (10) years unless an instrument electing to abolish said restrictions and covenants, or portions thereof, is signed by the owners of seventy-five percent (75%) of the tracts in said addition (such percentage of owners to be calculated on the basis of the square footage of the tracts owned by each owner as provided in Paragraph 3 above), and recorded in the Deed Records of Tom Green County, Texas, provided, however, no such agreement to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. Notwithstanding the above, these covenants and restrictions may be amended or changed in whole or in part as follows:

(a) During the five-year period immediately following the date of the recordation hereof, the Developer or any successor Trustee of the Developer may amend or change these covenants and restrictions without the consent of the lot owner in the addition; or

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yoL. 147 PAGE 155

(b) with the prior written approval of the Architectural Control Committee, these covenants and restrictions may be amended or changed at any time upon the express written consent of the owners of tracts containing at least seventy-five percent (75%) of the square footage of all of the tracts in the addition. All amendments, if any, shall be recorded in the Office of the County Clerk of Tom Green County, Texas.

5. Any owner of any tract may enforce these covenants and restrictions by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is by way of an injunction or by re-covery of damages, and the failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Architectural Control Committee shall also have the right, not the obligation, to enforce these covenants and restrictions in accordance with the provisions set forth herein, and the Developer shall also have the right, not the obligation, to enforce these covenants and restrictions in accordance with the provisions set forth herein. Violation of these covenants and restrictions shall under no condition bring about a forfeiture of title to any of the tracts in this addition.

6. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

DATED this 10 day of July , 1989,

THE STATE OF TEXAS

COUNTY OF TOM GREEN

This instrument was acknowledged before me on July 10 1989, by JAMES R. DUNCAN, Trustee.

G I NG ER A. OLSEN Notary Public, state 01

My Comm. Exp. March 7, 1992

41.444.-.94.4~-ecostvaet4.4k#.4,..pe.er #4 el. ea

FWR/gg/7-7-89/D2/JRD1-JRD3

Af-2KAN. Notary Public, State of Texas

Ginger A. Olsen Printed Name of Notary

My Commission expires 3-7-92

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vat. 147 PAGE 156

WM. C. WILSON, JR. AND ASSOCIATES

LICENSED STATE LAND & REGISTERED PUBLIC SURVEYORS

PHONE 915/6533916 - P. 0. BOX 3326

1514 WEST BEAUREGARD AVE.

SAN ANGELO. TEXAS 76902

EXHIBIT "A"

James R. Duncan, Trustee Description to for

THE BLUFFS Addition, Section Twenty Two Dedication

Being 5.150 acres of land, comprised of 4.206 acres out of T. J. Moore Survey 11, Abstract 5908, and 0.944 acres out of B. S. & F. Survey 5, Abstract 101, all in Tom Green County, Texas, and said 5.150 acres also being a part of that certain 518.23 acre tract described in deed recorded in Volume 769 at page 859-864 of the Deed Records of said Tom Green County, Texas and said 5.150 acres of land being described by metes and bounds as follows:

Beginning at a 5/8" iron rod set for a N.W. corner of Section Three of THE BLUFFS Addition and the S.W. corner of this Section Twenty-Two in an East line of Section Two of THE BLUFFS Addition and in the East line of Weston Road, said corner having coordinates on the Texas Coordinate System-Central Zone of Y=647,574.40 feet and X=1,943,829.72 feet, and from which sucker rod found in buried mound of stone for the N.E. corner of Deaf & Dumb Asylum Survey 1 bears S.57°24'19"E. 2291.60 feet and the Northerly N.W. corner of said 518.23 acre tract bears N.49°17'42"W. 718.16 feet; said corner also being at the beginning of a curve to the left having a radius of 1991.19 feet, a central angle of 12°48'04" and a long chord course and distance of N.7°09'05"E. 443.95 feet.

Thence with the East line of Section Two, same being the East line of Weston Road, and with said curve to the left, at a curve length distance of 403.42 feet cross the North line of said T. J. Moore Survey 11 and the South line of said B. S. & F. Survey 5, in all a curve length distance of 444.87 feet to a 5/8" iron rod set at the end of said curve and the beginning of another curve to the right having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord course and distance of N.45°45'03"E. 28.28 feet.

Thence continuing with a line of Section Two Old with said curve to the right a curve length distance of 31.42 feet to a 5/8" iron rod set at the end of said curve for the N.E. corner of said Section Two and a corner of this Section Twenty-Two on the South line of Arden Road and the North line of said 518.23 acre tract, said corner having coordinates on the Texas Coordinate System-Central Zone of Y=648,034.63 feet and X=1,943,905.25 feet.

Thence with the North line of said 518.23 acre tract and the South line of Arden Road, S.89°14'57"E. 668.07 feet to a 5/8" iron rod set for the Northerly N.W. corner of said Section Three and a corner of this Section Twenty-Two at the beginning of a curve to the right having a radius of 20.00 feet, a central angle of 90°00'00" and a long chord course and distance of S.44°14'57"E. 28.28 feet.

. Thence with a line of said Section Three and with said curve to the right a curve length distance of 31.42 feet to a 5/8" iron rod set for the end of said curve and a corner of Section Three.

Page 1 of 2

vat, 147 ME 157

MARIE RUSSELL, COUNTY CLERK TOM GREEN COUNTY, TEXAS

Page 2 of 2

VOL. 147 PAGE 158

Page 2 of 2

James R. Duncan, Trustee

Description to

for THE BLUFFS Addition, Section Twenty Two

Dedication

Thence continuing with a West line of Section Three and with a West line of Hunters Glen Road, S.0°45'03"W., at 35.20 feet cross the South line of said B. S. & F. Survey 5 and the North line of said T. J. Moore Survey 11, in all 230.00 feet to a 5/8" iron rod set for an ell corner of Section Three and the S.E. corner of this Section Twenty Two, said corner having coordinates on the Texas Coordinate System-Central Zone of Y=647,775.63 feet and X=1,944,589.98 feet.

Thence with a North line of said Section Three, N.89°14'57"W. 335.00 feet to a 5/8" iron rod set for corner.

Thence with a North line of said Section Three, S.52°15'08"W. 153.31 feet to a U.S.C.E. Brass disk marked "D 1 R 1" set in concrete for corner having coordinates on the Texas Coordinate System-Central Zone of Y=647,686.17 feet and X=1,944,133.79 feet.

Thence with a North line of said Section Three, S.77°02 1 00N. 160.56 feet to a 5/8" iron rod set for corner.

Thence with a North line of said Section Three, S.48°48 1 04 u W. 92.27 feet to a 5/8" iron rod set for corner.

Thence with a North line of said Section Three, S.79°09'46"W. 79.59 feet to the place of beginning, and containing 5.150 acres of land.

NOTE: All courses, distances and coordinates recited herein refer to the Texas Coordinate System-Central Zone.

Surveyed on the ground prior to this 20th day of January, 1989.

Wm. C. Wilson, Jr. Registered Public Surveyor No. 963 San Angelo, Texas

it.F.D FOR RECORD

1989 JUL 1 1 RI 9 : 49

MARIE RUSSELL COUNTY CLERK

";LINTY OF TOM UEE11. TEXAS

ANY PROVISION HEREIN WHICH RESTRICTS THE SALE. RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCE., ABLE UNDER FEDERAL LAW. STATE OF TEXAS COUNTY OF TOM GREEN

I hereby certify that this instrument was FILED in File Number Sequence on the dote and at the time stamped hereon by me, and was duly RECORDED in the Official Public Records of Real Property of Tom Green County, Texas on

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1989 JUL 1 I TIP 9 : 4 8

MARIE RUSSELL COUNTY CLERK

r: JI.I IITY OF ILA GREEN. TEXAS

ANY PROVISION HEREIN WHICH RESTRICTS THE SALE. RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCE...____ ABLE UNDER FEDERAL LAW. STATE OF TEXAS COUNTY OF TOM GREEN r

hereby certify that this Irtstrument was FILED in File Number Sequence on the date on41 of the time stamped hereon by me, and was duly RECORDED in the Official Public Records of Real Property of Tom Green County, Taws at

JUL 11 1989

14?4<11:4

1,1AniE RUSSELL COUNTY CLERK TOM GREEN COUNTY. TEXAS

VOL 147 PAGE 153