Koinonia Point

Declaration of Residential Covenants,

Conditions and Restrictions

This declaration is made this 1st day of July, 2011 by the Declarant, Koinonia Point Subdivision, Koinonia Point, an Official Plat, Port O’Connor Townsite, Calhoun County, Texas.

Whereas, Declarant is desirous of protecting the value and desirability of Koinonia Point Subdivision.

Now, therefore, Declarant hereby declares that Koinonia Point shall be held, sold and conveyed subject to the following restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of Koinonia Point and which shall run with the land and shall be binding on all parties having any right, title, or interest therein or any part thereof, their heirs, successors and assigns, and shall insure to the benefit of each owner thereof.

  1. DEFINITIONS

For the purpose of this declaration, the following terms shall have the following definitions, except as otherwise specifically provided:

  1. “Koinonia Point Subdivision Plat” shall mean and refer to the real property located in Koinonia Point a plat in and forming a part of Port O’Connor Township in Calhoun County, Texas.
  2. “Declarant” shall mean and refer to Mike Balloun and Dennis Tuttle.
  3. “Lot” shall mean and refer to any individual parcel of land within Koinonia Point Subdivision as shown and recorded on the plat of Koinonia Point Subdivision, and numbered lots 1 through 20 inclusive.
  4. “Building Plat” shall mean and refer to one or more lots as one or more lots and the portion or portions of adjacent platted lots in Koinonia Point Subdivision, used for the construction of one dwelling as herein permitted.
  5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any lot.
  6. “Mobile Home’ shall mean any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance, upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons, but shall also include any such vehicle with motive power not registered as a motor vehicle in Texas.
  1. RESIDENTIAL USE

All lots in Koinonia Point Subdivision shall be known and described as residential lots and shall not be improved, used or occupied for other than private residential purposes. No full time or part time business activity may be conducted on any lot or in any dwelling or structure constructed or maintained on any lot.

  1. PURPOSE

The purpose hereof is the creation of a residential community having a uniform plan of development and the preservation of properly values and amenities in the community. The real property described herein is hereby subjected to the covenants, restrictions, conditions, reservations, liens and charges set out to insure the best use and most appropriate development and improvement of each building site thereof; to protect the Owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, so far as practical, the natural beauty of the property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of the property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on building sites; to secure and maintain property setbacks from abutting properties; and, in general, to provide adequately for quality improvements of the property and thereby enhance the values of investments made by purchasers of building sites therein.

  1. THE PROPERTY

The real property owned by Appearer and referred to herein is described as follows, and is subject to the covenants, conditions and restrictions set out herein:

INSERT POC LEGAL

The property and all other portions thereof shall be conveyed, transferred and sold by any record Owner thereof subject to the conditions, covenants, restrictions. reservations, servitudes, liens and charges hereinafter set out, all of which are imposed upon the property, and all of which shall run with the land.

  1. APPROVAL REQUIRED BY COMMITTEE PRIOR TO CONSTRUCTION

No improvement, building, fence, wall, or boathouse landscaping or other structure shall be commenced, erected or maintained upon any tract, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications shall have been submitted to and approved in writing by the architectural committee which is initially composed of Mike Balloun or Dennis Tuttle or their designated representatives. The above appointed architectural committee shall function until January 1, 2025, at which time the committee members shall be replaced by, an architectural committee appointed by two-thirds of the owners of lots in Koinonia PointSubdivision. As to all improvements, construction and alterations the architectural committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alteration which is not suitable or desirable in their opinion, for any reason aesthetic or otherwise, and in passing upon such design, the committee shall have the right to take in consideration the suitability of the proposed building, construction or alteration to the harmony thereof with the surroundings and the effect upon the surroundings. The committee will have the authority to grant variances when deemed appropriate.

Every residential building must be connected to Port O'Connor Municipal Utilities District water and septic system. No cesspool or septic tank shall be located on the property. No water well shall be located on the property until the location, plans and specifications shall have been submitted to and approved in writing by the architectural committee. Not more than one residence per lot of land sold shall be constructed.

  1. BUILDING RESTRICTIONS - SETBACKS

No Improvements shall be constructed upon any of the property without the prior written prior approval of the architectural committee of the specific floor plans and elevations. All residences must be constructed and located above the flood plain level with a minimum height of 9 feet from sea level elevation unless the architectural committee approves a variation.

The maximum height of any improvement constructed on a lot shall not exceed 60 feet from sea level.

Setbacks

No building structure or other structure shall be constructed nearer to the front property line, side, or back as per the following chart:

Building Setback Chart

LotFrontSidesBackWater

1 5’5’10’

2 5’5’10’

320’5’10’

420’5’10’

520’5’10’

620’5’15’

720’5’20’

820’5’10’

920’5’10’

1020’5’10’

1120’5’10’

1220’5’9’ 5” 0

1320’5’5’ 0

1420’5’5’ 0

1520’5’5’ 0

1620’5’5’ 0

1720’5’5’ 0

18 5’5’5’ 0

19 5’5’5’ 0

No track shall be subdivided without the architectural committee’s approval. In the event one person owns two or more lots and wishes to build a residence across boundary lines, the side property line shall be the outside lines of the combined lots and the interior lines will be omitted.

  1. BOATHOUSES, DOCKS, AND PIERS

Free standing boathouses, docks and piers with low roofs are allowed. The side building line for the lot stops at the water’s edge. The mooring easement is the width of the lot out as designated by mooring easements. All boathouses, docks, pier and mooring areas require a construction permit from the United States Army Corps of Engineers. Owner/builder is responsible for reviewing and complying with the United States Army Corps of Engineers requirements.

7A.Boathouses

All boathouses shall have a 5/12 hip roof. Roof material and trim colors are to match the corresponding residence. The maximum height allowed for any boathouse structure is twenty-four (24) feet above mean low tide to the cove height. No decks are allowed above boathouse structures. Boathouse must be built with square pilings and have louvered panels that extend downward four (4) feet from cove height of the boathouse. If closets or storage lockers are built, the louvered panels must extend down to the floors decking.

7B.Mooring Areas

Owners wishing to moor a boat (without a roof) in the area adjacent to or within the area designated for a boathouse may build a pier and moor their watercraft anywhere within the allowable area. Owner/builder is responsible for permitting and complying with the United States Army Corps of Engineers.

7C.Docks & Piers

In addition to a boathouse, a dock or pier may be built to allow access to the canal for fishing, or other recreational purposes. No docks or piers may be built beyond the property line and no mooring can infringe on adjacent property. Owner/builder is responsible for permitting and complying with the Unites States Army Corps of Engineers.

7D.Offshore Boat Aft Mooring

Lots 15 – 19 have an added mooring area for offshore boats who wish to moor to aft. No structure can be built beyond the 30’ building line; however, pilings for mooring may be set out to 40’ outside measurement from the bulk head edge. No vessel can extend past 60’ from the bulkhead edge.

7E.Jet Ski Ramps

Jet ski ramps may be included as part of a boathouse structure within the allowable area. In addition, they are allowed in areas designated as only open dock and piers, but they cannot be covered with any structure if they are I the dock and pier area only.

7F.Dock and Fishing Lights

Any dock lighting should not cause distraction, nuisance, or be unsightly. Light sources should not conflict with the sight lines of boaters or endanger their safety and welfare. Lighting which interferes with GIWW traffic is specifically prohibited. Light sources must not “spill over” into neighboring yards. Light sources must be conceded or shielded. All “fishing” light intended for bait attraction should be underwater.

  1. DRIVEWAYS

Builder is required to build the driveway into the street. All driveways are required to be constructed of concrete, and should be a minimum of 4” thick with steel reinforcement. Driveway cannot be on the building easement and must cross the building setback in a straight line and be perpendicular to the street.

  1. TEMPORARY STRUCTURES

No structure of a temporary character, trailer, or mobile, modular or prefabricated, metal building, shall be placed on any lot, and no house, garage or other structure apartment thereto but moved upon any lot from another location. However, a boathouse, dock or piers may be built if approved by the committee as part of a master plan for development of the lot. The primary residential structure must be completed within three (3) years of completion of the boathouse, dock or pier.

  1. NUISANCE

No noxious or offensive activity shall be carried on or permitted upon a lot, nor shall anything be done thereon, which may be or become an annoyance of nuisance to the neighborhood or other lot owners.

  1. SIGNS

No signs of any kind, including political issue or candidate signs, shall be displayed to the public view from the street or canal side on any Lot, except a Lot Owner may display two (2) professionally made signs not to exceed dimensions of 24 inches by 36 inches on a Lot (one on road side and one on canal side) to advertise the Lot and/or residence for sale. Contractors and their sub-contractors may place signs, not to exceed 24 inches by 36 inches on any Lot during construction of a residence, boathouse, swimming pool or other structure but these signs shall be removed upon the completion of the improvements. Lot Owners will place no signs of any kind at the entrance to the Waterfront subdivisions. This limitation on signage shall not apply to the Developer of the subdivision during the course of its development.

  1. GARBAGE AND REFUSE STORAGE AND DISPOSAL

All Lots and improvements located thereon shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter including grass clippings or other yard waste. All trash, garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials with tightly-fitting lids, and shall be maintained in a clean and sanitary condition and screened from the street or adjacent property. Other than for the construction of improvements, no Lot shall be used for open storage of any materials or equipment except for normal residential requirements. New building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay. Upon completion of the improvements, all construction materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned or buried on any Lot during or after construction. Any debris, including concrete from wash out of delivery trucks, found in Conservation Areas may be removed by the Committee without notice and billed to the Lot Owner to whom the concrete was delivered.

  1. LOT MAINTENANCE

All Lot Owners shall at all times: Keep all weeds, grass and landscaping located on their lot cut in a sanitary, healthful and attractive manner; maintain all improvements in a sanitary, healthful and attractive manner; and not permit the accumulation of garbage, trash or rubbish of any kind on any Lot. All Lots, including but not limited to vacant Lots, shall at all times be mowed so the grass shall be at a height of not greater than eight (8") inches. Should a Lot Owner rent or lease the premises built upon their Lot, the Lot Owner of record shall still be responsible for all upkeep required by this section.

  1. DRILLING AND MINING OPERATIONS

No drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil or water wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

  1. PARKING

Except as provided herein, no boats, recreational vehicles or trailers of anykind, or parts or appurtenances may be kept, stored, repaired or maintained onany street or on any portion of a Lot nearer to the street than the minimum building setback line. Recreational vehicles may be stored no closer than twenty-five (25) feet from Koinonia Court of D4 Lane or be housed completely under house. In no event shall they be kept, stored, repaired, or maintained in any manner that would detract from the appearance of both the individual Lot and the Development. Temporary parking of recreational vehicles shall be allowed if full electrical, sewer and water hook-ups areprovided. Such temporary parking shall not exceed thirty (30) days per year. The recreational vehicle hook-ups shall not be located on anylot nearer than the twenty-five (25’) feet from the road.

  1. ANIMALS

No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. No pet will be allowed to make an unreasonable amount of noise or to become a nuisance

  1. FENCING

A. Design and Material
No fence shall be constructed on any Lot without first obtaining written approval of the Architectural Review Committee. Chain link, wire or unfinished concrete blocks or other unsightly fencing is prohibited. Fence designs of heavy timber, board-on-board, wrought iron, stucco and similar construction will be considered acceptable, subject to the Architectural Review Committee's approval.

B. Setback and Height
No fence shall be nearer the street than the front of house. Fencing may be installed on side lot line to a height not to exceed six (6’) feet. Side fencing must be located on property line.

  1. EXTERIOR MATERIALS

Brick, stucco and concrete barrier board (such as Hardiplank) are approved exterior building materials subject to Committee approval for color and quality. Wood siding, hardboard, vinyl or aluminum siding is not permitted.

  1. FIREPLACE FLUES/CHIMNEYS AND ROOF VENTS

Fireplace flues and chimneys shall be covered with the same materials as used on the exterior of the residence. Exposed metal flues are prohibited. All fireplaces shall have chimney caps. All roof vents will be painted to match the surrounding roofing material and may not be located on a roof sloping to the street.

  1. SATELLITE DISHES AND ANTENNA

No television antenna, radio antenna (receiver or sender) or other similardevice shall be mounted on the roof or exterior walls of any residential orancillary structure, except a satellite/TV dish of 18-inch diameter or less. Placement of all dishes shall require Architectural Review Committee approval.

  1. MAILBOXES, FLAGPOLES AND STATUES

All mailboxes will be housed in the post office building. No other mailboxstructures or newspaper boxes shall be allowed. Flagpoles, statues and otheryard ornaments must be approved by the Architectural Review Committeeprior to installation and may be disapproved for any reason, including purelyaesthetic reasons. However, the United States and State of Texas flags may be displayed without Committee approval.