North Texas Properties

Property ID:    14.8+- Acres South of Muenster

Status:     Withdrawn - Off Market  

Location:     Approximately 3 miles south of Muenster, Texas .

Driving Directions:   From Intersection of I-35 and U.S. Hwy. 82 in Gainesville travel west on U.S. Hwy. 82 to Muenster. Turn left at the red light on FM 373 for approximately 3 miles. Turn left onto County Road 360 to cul-de-sac at the end. Property on left side.  

Site Description:    Nice high hill with long views. Property rolls to the northwest and has several trees on the slope and the north western areas.

Residence / Improvements:  None. Property is vacant awaiting your own custom home.  

Utilities: Electric and phone available. Private water wells and septic systems are required.          

Comments:      Excellent location in highly sought after Muenster I.S.D. and Sacred Heart Catholic School.  Deed restrictions are posted on the website cited above.

Specific Information:    

Terms:  Cash to Seller    Legal description: Gatewood Hills, Lot 6   

Tax I.D.#:   110877         Taxes:  $19.82 with Ag valuation    Schools:   Muenster I.S.D.    

N.T.R.E.I.S. MLS#:  11076697               Montague MLS #:   45559

> > >     Information herein believed to be accurate but not warranted.     < < <  

> > > Buyer to verify all.  < < <

Aerial Photo

Survey Plat

You should be able to click on this plat to enlarge it.

Deed Restrictions

GATEWOOD HILLS OF MUENSTER

DEED RESTRICTIONS

These covenants are effective as of January 1, 2001, and are subject to change in part or in their entirety.

Please read this entire document carefully as these Deed Restrictions directly affect the ability to use and enjoy all of the tracts of land in the Gatewood Hills subdivision. There are currently a total of fifty-three (53) individual covenants comprising this document. If you do not understand, or have any questions regarding any part of these Deed Restrictions you are strongly advised to consult an attorney of your choice.  

1. These deed restrictions and covenants are hereby declared to be “covenants” and are fully and specifically intended to run with the land and shall be binding on all parties and all persons claiming under them by descent, devise, purchase, or otherwise, and any person accepting title to any portion of the subdivision thereby agrees to abide by and fully perform within the restrictions and covenants set forth herein. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for a successive period of five (5) years unless an instrument signed by a three-fourths (3/4) majority of the then land owners of the lots (each platted lot having one (1) vote) has been recorded, agreeing to change said covenants in whole or part.

1. 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 the undersigned conveying said property or any part thereof to all such intents and purposes as though incorporated in full therein; and each such contract and deed shall be conclusively held to have so executed, delivered and accepted upon the expressed conditions herein stated.

1. The owner/developer may include restrictions, other than those set out herein, in any contract or deed to any tracts without otherwise modifying the general plan outlined herein, and such other restrictions shall insure to the benefit of and bind the respective parties in the same manner as though they have been expressed herein.

1. Enforcement of these covenants shall be by proceedings at law, or in equity, against any person or persons violating, or attempting to violate, any covenant either to restrain violation or to recover damages.

1. Any cost incurred in the enforcement of these restrictions or covenants, including legal and/or court costs, shall be borne by the violating person or persons.

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

1. The owner or owners of any tract of land out of the land described herein shall have the right to sue for and obtain injunctive relief to enforce any of the restrictions or covenants herein set forth, and the party or parties in violation of any of the restrictions or covenants shall pay any and all court costs, including expert witness testimony, attorney’s fees, court costs, and any other related expenses, paid or agreed to be paid by the parties bringing suit for such injunctive relief.

1. The Architectural Control Committee, hereinafter referred to simply as “the Committee” or just “Committee”,  shall be made up of the named developers of the subdivision until such time that all of the lots are sold. Upon closing of the sale of the last remaining lot, a new “Architectural Control Committee” consisting of at least three of the then land owners shall be appointed by a majority vote of the then land owners of the lots (each platted lot having one (1) vote). Members of the Architectural Control Committee shall serve terms as established by a three-fourths (3/4) majority vote of the then land owners of the lots (each platted lot having one (1) vote). The Architectural Control Committee shall hold meetings on an annual basis at a minimum, more frequently if necessary, and all meetings shall be open to any and all land owners and/or those permanently residing with the current land owners, i.e. family members of the land owners. Meetings do not necessarily need to be open to the general public. The Architectural Control Committee shall be charged with general governing duties and responsibilities regarding all aspects of the subdivision. However, any and all decisions regarding altering these covenants; altering the subdivision as originally platted; or taking any action, for or against, any land owner within the subdivision will require a three-fourths (3/4) majority vote of the then land owners of the lots (each platted lot having one (1) vote).    

1. If it becomes necessary for the Architectural Control Committee, or an owner, to bring action or suit against any lot owner in order to insure compliance with the protective covenants or any matter with respect to which the owner and/or Committee shall be entitled to recover all costs in connection therewith, including but not limited to reasonable attorney fees, expert witness costs and/or court costs.

1. All Tracts in said Addition are and shall be known and described as single family residential lots. Some recreational livestock is permissible and described herein.

1. There shall be no commercial improvements or structures erected on the premises. No trade or business of any kind shall be conducted upon the property or any part thereof, with the exception of the ability to sell all or part of an owners livestock which are allowed by this covenant.

1.  All improvements must conform to Articles 15 through 34 of this covenant.

1. No tracts, or lots, in this subdivision as shown by the Cooke County Plat Records shall be subdivided and no part or portion thereof shall be sold, leased, or other wise possessed unless such sale, lease or other possession shall include and encompass possession of such tract, or lot, in its entirety. No lot can be subdivided into two or more parcels, or lots.  Each lot will remain as platted.  Any deviation must be approved by the Committee. Provided, however, in the event of condemnation of a part of said tract, the owner thereof may negotiate sale of a portion of such tract to the condemning authority and under no circumstances shall any party have a justifiable interest in said condemnation or the proceeds derived therefrom.

1. The owner/developer herein, or its assigns, shall have the right to sell, assign, transfer, or convey to any person, firm or corporation, any or all of the rights, reservations, reversions, easements, and privileges herein stated, or those that may be placed in the deed or deeds of conveyance of such rights; such grantees, as well as successive grantees, may reassign such rights.

1. Residences constructed on the lots referenced herein shall be one-story, one and one-half story or two story structures with a minimum of a two-car garage, which may be attached to the main residence or detached from the main residence, and shall be used for purposes of a residence in the usual and customary manner. 

1. All residences, and/or outbuildings requiring such, must provide sewerage and/or waste water disposal systems in conformity to the county health standards in place at the time of construction.

1. Any one-story residence erected shall have not less than 1,750 square feet of living area excluding all porch and garage areas.  Any two-story residence erected shall have not less than 2,000 square feet of living area, excluding all porch and garage areas.  The exterior walls of the main structure erected on a lot shall be a minimum of 70% of the total outside wall area of brick, or stone except where the Architectural Control Committee shall approve other materials the exterior walls of carports, garages, and other out building reasonably suitable to the single family residence purpose of the lot shall be of the same materials in the same percentages as the main structure.  The other 30% maybe of wood, vinyl or metal materials approved by the Architectural Control Committee.

1. Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving of any existing building onto a lot and remodeling or converting same into a dwelling unit or out building upon the property.

1. Prior to the construction,  remodeling or alteration or any building or other structure, two complete sets of plans and specifications, showing plot layout, exterior elevation and materials thereof, and structural designs covering such proposed work shall be submitted to the Architectural Control Committee (as herein after defined) for approval and no construction shall commence until such plans have been approved.  The Architectural Control Committee will retain one set of plans until the building is completed and approved by the Committee.

1. All barns, workshops, storage buildings and/or other outbuildings shall be of similar materials and construction as residence buildings or colored “commercial” quality steel of a minimum of 26 gauge thickness.  No corrugated, nor “V” drain, nor any other type metal is acceptable material for any outbuilding. All outbuildings MUST have the approval of  the committee. There shall be no freestanding, or detached, open carports. All garages and/or private workshops must have doors. Enclosed detached garages or totally enclosed private workshop type structures are deemed to conform the standards set forth herein.

1. The roof of any structure shall be tile, composition or cedar shakes or shingles that have been treated by fire retardant chemicals approved by the Committee, or metal, except where the Committee permits the use of other materials.  Roof lines on residences must not be less than 4/12 or more than 8/12 pitch unless otherwise approved by the Committee.

1. No trailer, mobile home, recreational vehicle, tent, shack, or apartment (provided such “apartment” is used only for auxiliary family quarters for unmarried members of the family residing in the main residence) shall be placed, erected or permitted to remain on any lot, nor shall any structure of temporary, or movable, character or nature be used at any time as a residence, storage or any other type purpose. 

1. No building shall be constructed nearer than fifty (50) feet to any property boundary line. No improvement (except a fence) may be constructed within twenty (20) feet of any platted utility or drainage easement, or within fifty (50) feet of any road or access easement.

1. For the purposes of these covenants and restrictions, fencing shall be considered an “improvement” which is subject to approval by the Committee and must meet or exceed the following standards. Injunctive relief may be sought by owners affected by non-conforming fencing just as with any other non-conforming improvements. Fencing shall be at the property owners expense. It is strongly encouraged that adjoining land owners cooperate in the construction of common boundary fencing, sharing in all costs of materials, labor and maintenance. Perimeter fencing shall be a minimum of five (5) tightly stretched strands of barbed wire, or four (4) strands of cable, supported by steel posts, either driven or cemented into the ground, and stretched to steel “corner” or “in line” stretch posts which must be a minimum of 4 inch diameter iron pipe, with similar anchors and/or bracing posts, cemented into the ground sufficient to prevent movement and/or loosening of the fencing material. Any other fencing, such as cross fencing within the boundaries of a single tract must meet the criteria for perimeter fencing but may be limited to four (4) tightly stretched strands of barbed wire. In order to prevent unsightly, or inadequate, or super-adequate fencing, no fence of any type or material will be permitted to be constructed or to remain which is taller than seven feet two inches in height in any one place. Fences constructed of wire, steel or metal may not exceed five feet in height to the top strand of fencing, posts may be no taller than six feet in height. There may be private fencing for pools and patio areas but may not exceed seven feet 2 inches in height in any one place. No electrified fencing is permitted at any time in any place. All fences must be properly maintained at all times.

1. The location and design of any proposed swimming pool, including fencing, pumps and any other related paraphernalia must be approved by the Committee. The location of any television satellite dish shall also have the approval of the Committee.

1. All mail box structures shall be of the same material as the principal material of the exterior wall of the mail structure.  The configuration design of each mail box structure shall be in conformance with the U.S. Post Office regulations and have the approval of the Committee.

1. All water wells must have approval of the County Health Department.

1. All electricity shall be run in accordance to plat easements and approval of Cooke County Electric.

1. No above ground butane, propane, fuel or any other type storage tanks shall be placed on any of the lots in the addition; unless completely enclosed by “solid”  fencing  so as to be out of sight or otherwise approval of the Committee. These fences must be properly maintained.

1. Utility power lines may be overhead or underground from the service poles of pads to the residence depending on owners preference.  All service lines to other buildings may be overhead or underground as well.

1. All construction shall comply with all applicable zoning, ordinance, building codes, fire codes, and any other laws, ordinances or regulations of any applicable governmental body or agency including but not limited to city, county, state and federal governments or agencies.

1. All buildings erected upon a lot must be constructed with permanent type new material in a workmanship like manner fully completed for planned use in 180 days. Construction of any buildings shall be completed within one year from the date of start (foundation poured).  If not completed within this period, the amount of $25.00 per day shall be assessed by the Developer, or Committee, and will continue daily until residence is completed.

1. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste; and such rubbish, trash, garbage, or other waste shall be totally contained in sanitary containers.  All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean, safe and sanitary condition.

1. No mobile, or modular, home of any size, shape, or condition shall be permitted in this addition at any time or any place.

1. No dumping or burning of any rubbish, trash, garbage or other waste will be allowed. Adequate and sanitary storage containers must be maintained for disposal of solid waste.

1. Any waste disposal containers larger in capacity than 60 gallons may be placed on any of the lots in the addition; unless completely enclosed by a “solid” fence at least six inches taller than the container but within the limits as set forth in paragraph 23 of these Covenants. These fences MUST be closed on the side facing the public access road way either by the fence or by a gate, or gates, which must be constructed of the same material as the fence. These fences MUST be properly maintained at all times. Large waste disposal containers are allowed, and allowed to be exposed, during the construction of residences and MUST be permanently removed upon completion of the residence. Large waste disposal containers are NOT allowed during construction of outbuildings. 

1. No noxious or offensive trade or activity shall be carried on upon any lots, or shall anything be done thereon which may be or become a nuisance or annoyance to neighboring properties.

1. No part, or parts, of any tract within the division shall be used as a junk yard, for the storage of any rubbish, trash, garbage, other waste, junk, or unused or inoperable vehicles, equipment or machinery  of any kind that would detract from the value, general appearance, or general desirability of any other tract within the subdivision or any other adjoining tract of land. The collection and/or storage of disassembled building material, vehicles of any type that are not operable or licensed with current and valid safety inspection stickers and/or other items stored in the open except for firewood for personal use are strictly prohibited.  If unused or inoperable vehicles are to be kept by an owner (such as antique automobiles) such vehicles must be stored inside of indoor storage buildings constructed to the specifications as set forth herein. It being understood that there shall be permitted such outbuildings and permission to keep, maintain and operate such equipment as shall be necessary for the full use and enjoyment of the tract. 

1. No sign of any kind shall be displayed to the public view on any one lot except one which is not more than five (5) square feet advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period.  The owner/developer (as defined above) may display larger signs advertising the sale of lots until such time as all lots are sold.  Occupant name and address signs are exempted from this restriction; however, they must reasonable and customary in size and appearance or have the approval of the Committee.

1. Livestock and pets shall be strictly limited to three (3) horses and/or six (6) cattle per platted lot or tract. Small house pets such as yard dogs, cats and other household pets may be kept in reasonable numbers so long as they do not constitute an annoyance or nuisance to the neighborhood and provided that they are not kept, bred or maintained for any commercial purpose and must be strictly restricted to the animal owners specific property. Absolutely no animals will permitted to escape the boundaries of their owners property. It is the property owners responsibility to construct fencing adequate to contain their livestock and/or pets in accordance with the specifications for fencing as set forth herein. Strictly prohibited livestock/pets includes, but is not limited to:  All varieties of swine, poultry, goats, sheep, emu, ostrich, llama, buffalo, or other exotic species, or any breed or species of wildlife. No pets, neither an owners nor an owners visitors, are allowed to run at large outside of the owners own property boundaries at any time.  Noisy or unruly pets, or livestock, or those that complaints are received about will not be allowed to remain. Anything pertaining to this restriction is subject to all applicable county, state, and/or federal law, rules or regulations.

1. Easements for installation and maintenance of utilities and drainage facilities are reserved according to plat thereof of Cooke County, Texas for Gatewood Hills Subdivision. No owner shall change the natural flow of water across his/her lot without first securing the written permission of the Committee. No improvement (except a fence) may be constructed within twenty (20) feet of any platted utility or drainage easement. Each lot owner is responsible for the upkeep and maintenance of that portion of the easement that is located on his/her lot.

1. Owners are responsible for the maintenance and appearance of their lot. Lots must be kept clear of debris so as not to be annoyance nuisance, or unsightly to the neighborhood.  If the lot is not cleared of debris within 10 days from the receipt of a notice from the Architectural Control Committee, then the Committee shall have the right to have said lot cleared, cleaned up or whatever else may be necessary in order to bring the lot into conformance with this covenant.  If the Committee has to take action under the terms of this covenant, then it shall be reimbursed by the lot owner for all costs incurred, including any and all legal fees,  plus a 15% administrative charge.

1. Trucks with tonnage in excess of two tons shall not be permitted to park overnight on the roads, streets, driveways or otherwise within the subdivision.

1. No truck tractor or trailer may be parked on the roads, street, in the driveway or any place in the addition at any time.  No vehicle of any size which transports inflammatory or explosive cargo may be kept in this addition at any time.

1. Small farm tractors or other light agricultural equipment may be maintained, stored, or kept on any lot covered by these covenants so long as it is used only on the owners tract of land and not utilized in any commercial use. This type of equipment may be kept outside so long as there are no more than three (3) individual pieces of equipment located outside of an enclosed outbuilding constructed in conformity with these covenants, and all pieces are parked within fifty (50) feet of an enclosed outbuilding, as provided for herein, and the piece of equipment is in operable condition. Non-operable vehicles, equipment or machinery of any kind are strictly prohibited. Furthermore, should such farm related items become unsightly, or a nuisance, to other property owners injunctive relief may be sought either through the committee or through legal action.   

1. No major automotive maintenance or repair of any kind whatsoever shall be permitted outside of an enclosed garage except minor maintenance on personal vehicles requiring less than 48 hours to complete.

1. No radio, television towers, or aerial wires shall be maintained on any lot that does not contain a residential structure, and no commercial towers for that purpose shall be constructed.  Any of the above must be located behind the residence away from the public access side.

1. No person, firm or corporation shall at any time use any property within this subdivision for the purpose of drilling, mining or quarrying for oil, gas, rock, gravel, sand, dirt or any other mineral.

1. The use or discharge of firearms is expressly prohibited and forbidden within said subdivision.

1. The property herein conveyed or any part thereof shall never be used in the construction, operation, nor congregation of a church or any form of joint or massive religious services, nor shall any house, after the same has been constructed thereupon be used as a place for the purpose of congregational of massive numbers of persons for political, civic, recreation, social, or commercial purposes; nor shall gun clubs or commercial riding stables be permitted upon the property.

1. The Architectural Control Committee shall be composed of Ira Schoppa of Camp Creek Surveying, as well as Jack Schoppa of North Texas Properties and the Committee shall act by execution of any approval or other document or such committee may designate in writing representatives to act in its stead. After the last platted tract of the subdivision has been sold the committee will be comprised of the owners of all of the tracts of land within the subdivision. Each tract of land will constitute one (1) vote in the decision making of the committee. The committee will elect a president, a vice president and a secretary to set and preside over meetings. Elections will be held to elect new committee officers on an annual basis. Voting on issues before the committee will require three-fourths (3/4), or the next highest whole number, of the number of tracts to constitute a quorum in order to hold an official vote and then require a minimum of fifty one percent (51%) of allowable votes present to pass any issue before the committee.     

1. Approval or disapproval of any plans or specifications submitted to the Committee hereunder shall be based, among other things, on the adequacy of site dimensions, adequacy of structural design, quality, conformity and harmony of exterior design with the neighboring structures, effect of locations and use on neighboring lots and improvement situated thereon, relation of topography, grade and finish ground elevations of the lot being improved to that of neighboring lots, proper facing of main elevations with the respect to nearby streets and conformity of the plans and specifications to the purpose and plan and intent to these protective covenants, all as determined by the Committee in its sole discretion exercised in good faith. The Committee shall not in bad faith arbitrarily withhold its approval of such plans and specifications. The Committee or its designated representatives, shall respond in writing within ten (10) business days to the submitting party or it shall be conclusively presumed that the Committee has approved such plans and specifications. There must be a document signed by  the submitting party as well as at least two (2) sitting committee members stating the date that the plans and specifications are submitted to the committee. 

1. Neither the owner nor any member of the Committee nor their successors or assign shall be liable for damages to anyone submitting plans for approval, or to any owner or lessee of land affected by these protective covenants by reason of mistake in judgment, negligence or nonfeasance arising out  of, or in connection with, the consenting or failing to consent, approving or failing to approve any matter with respect to which the owner and/or Committee may have authority under the terms hereof.  Every person who submits plans to the owner and/or committee for approval agrees, by submission of such plans, and every owner or lessee of any of said property agrees, by submission of such plans, and every owner or lessee of any said property agrees, by acquiring title thereto, or leasehold interest therein, that he will not bring any action or suit against the owner or developer or any member of the Committee, their successors and assigns, to recover any such damages.

Jack Schoppa, Broker, Appraiser 

Call us at 940-995-2987

 JackSchoppa@yahoo.com

If you would like to PRINT a portion of this page – “Highlite” the portion that you would like to print by “clicking and dragging” over that area, then select “File” from your menu bar at top, then select “Print”, then select “Selection”, and then “Print”. This should print only the areas that you wish to print.

Jack C. Schoppa is the owner of North Texas Properties, a full service real estate appraisal and brokerage firm licensed and regulated by the Texas Appraiser Licensing and Certification Board, General Appraisal Certification TX-1326535-G,  and the Texas Real Estate Commission. Broker License 0444767.

This site is not intended to solicit property listed with another REALTOR.

www.NorthTexasProperties.com

www.NorthTexasProperties.com

www.NorthTexasProperties.com