Architectural Guidelines€¦ · and used for single family residential use. No Lot shall be further divided or subdivided (Restrictiolls 3.2 & 4. I). o Set-back Requirements: Set-back

11 1111111111 1111111111111111 ~~~~~y 201 706914

Architectural Guidelines

for

Eagles Nest Homeowners Association

Architectura l Guidelines (v20 17-2) Eagles Nest Homeowners Association

105 Eagle Ridge Burnet, TX 78611

Page 1 of 18 Approved

Table of Contents 1.0 Architectural Harmony and Compatibility ....... ... ... ...... ... ... .................... ...... ........ .4

2.0 Compliance with Eagles Nest Restrictions and Eagles Nest Rules ......... ............ ... . 5

o Owner's Responsibilities ................................... ..... ....... ................................................... 5

o Compliance by Owner's Agents ......... .. ....... ...................................................................... 5

3.0 Design Checklist... .. .. ......................................... ... ............ ... ... .. ... .. ... .... .. ... ........... 5

o Benefits of a Qualified Arch itect. ............................................................. ... ..... ......... ....... 5

o Definition of Improvement ....................... ..... ................ ........... ... ... ........ .......... ... ............ 5

o ARC Prior Approval before Construction .............................................................. ....... ..... 5

o Documents Required for ARC Approval .. ................................................................. .. ....... 6

o Sub-dividing and Single Family Dwellings ........................... .... .. ...... ............................. .... . 7

o Set-back Requirements ......... ........... ........ ....... .................. ........................ ....................... 7

o Size Restrictions ............................................... ..... ... ........................................................ 7

o Front Elevation ................................... ......... .. ...... ... ......... ... ... .... .... ........................... .. ..... 7

o Height Restrictions ... ............ ............ ................ .................................... .... .. .... .. ... ............. 7

o Masonry Materials ....... ....... ... .... ....... ........................... .................................................... 7

o Masonry Exterior .. .. .......................... .... ..... ................... ............. ....... .. .. ...... .. .......... ...... ... 7

o Roofing Materials ................................ ......................... .. ... ........... ........... ........ .... .... ........ 8

o Chimney Materials .......................................... ................................................................. 8

o Prefabricated Materials ................................. ............................................ ...... .. ...... ........ 8

o Garages ........... .... .. ..... ................. ........................... ... .......................... .. ..... .............. ....... 8

o Address Monument ........................ ..... ............... ........... .............. ...... ......... ..... .. .... .......... 8

o Driveways .......................................... ............. ................................................................. 8

o Screening Mechanical Equipment .................................................................................... 8

o Screening Trash Receptacles ........................................ ................. ............... .. .. ................ 8

o Playground Equipment. ................... ....... ................................... .. .. ...... ............................. 9

o Lighting .. ..... .................................................................................................... ................. 9

o Water Supply .......... ........ ................... ......... ..................................................................... 9

o Septic Systems ................ .... .................................. ..... .. ......................... .......................... 9

o Antennae .................... ........ ............... .. ...... ......... ............................................................. 9

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o Swimming Pools ..................................... .. ....................................................................... . 9

o Drainage ....................... .............................. ... .................................................................. 9

o Mining and Drilling ................................ .. ......... ........................... .......... ........................ .. . 9

o Variances ... ..................................................................................... .... ...... ... ... ............. .... 9

4.0 Construction Checklist.. ..................................... .. .... .. ................ .. ........ ... ... ... ... .. . 10

o ARC Approval Expiration ........................................... ... .... ..... .. ..... ............ ... ....... ......... ... 10

o Construction Activities ...................... ........ ..................................................................... 10

o Posting of Signs .. ............... ............................................................................................ 10

o Construction Duration ..................................... ...... .... .................................. .. ................ 10

o Construction of Improvements .............................. .... .. .. ............. ........ .. .... ..................... 10

o Building Permits and Certificate of Occupancy ........................................................ .. ..... 10

o Access to Construction Site ....... ....................... ... ............ ........... .. ..... ..... ..... ....... ........ .... 10

o Damage Liability ........... ................................................................................................. 10

o Site Cleanup ................................................................................................................... 11

o Review of Work in Progress .......................................... .. .... .................... .. ...... .. ............. 11

o Construction in Place ..................................................................................................... 11

o Alterations .... ................. ...... ................. .. ..... .................................................................. 11

o Temporary Structures ................................................................................ ... .......... ... .... 11

o Digging ............. .. ... .... ................. .................................................................... ............... 11

o Grading .......... ...................................................................... ... .... ..... .... .......................... 11

5.0 Policies Required by Texas Property Code .. ....... ...... .. .. .. ................... .. .. .. .... ..... .. 12

o Flag Display Review and Approval .. .............................................. ....... .. ...... ........ .... .... ... 12

o Rainwater Collection Review and Approval ...... ............................................ .. .. ..... ........ . 12

o Religious Display Review and Approval ............ .. .......... ............ ............................... .. ..... 12

o Roofing Materials Review and Approval ......................... ........................ ..................... ... 13

o Solar Panel Review and Approval .................. ................. .. .. .......................... ........... ....... 13

Exhibit A "ARC Adopted Rules" .......... ...... .. ................. ... ...... .. .. .... .. .... ....... .. ............... 14

Exhibit B "Screened from View Definition" ........ ........... ... .... .... .. .. ............... .. .. .. .. .. ...... . 16

Architectural Guidelines (v20 17-2) Eagles Nest Homeowners Association

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ARCHITECTURAL GUIDELINES

FOR

EAGLES NEST HOMEOWNERS ASSOCIATION, INC.

These Architectural Guidelines ("Guidelines") was created and adopted by the Eagles Nest Architectural Review Committee ("ARC") in accordance with the authorit y granted by the Eagles Nest Declaration of Covenants, Conditions and Restrictions, recorded at Instrument No. 2005063 12 of the Official Public Records of Burnet County, Texas as same may have been amended or supplemented from time to time ("Restrictions") (Restrictiolls 6.7).

The Board of Q.jn!ctors of the Association adopts the Guidelines to be effective the ~ day of .J oJ I~ , 2017 . The Guidelines shall be recorded in the Official Public Records of B net County, Texas and shall contmue m effect until superseded or revoked by subsequent written instrument filed ofrecord.

The Guidelines must be read in conjunction with the terms and provis ions of the Restrictions. To the extent there is a conflict, if any, between the Guidelines and the Restrictions, the provisions of the Restrictions shall control. If any of the provisions of the Guidelines are determined to be null and void, all other provisions of the Guidelines shall remain in full force and effect.

Except for defined terms created under the Guidelines, all defined terms shall have the meaning specified for such terms in the Restrictions. Capitalized terms used herein and not defmed shall have the same meaning to such terms in the Restrictions.

1.0 Architectural Harmony and Compatibility

The Texas Hill Country is unlike most others; although it appears rugged it is actually very fragile and requires attention to massing, texlure, color, height, materials and landscape in order to create a residence compatible with natural environment as well as the ability to provide the Owner a comfortable, livable home to enjoy for many years.

It is expected that the design of each residence will be tailored to the unique features of the Lot on which it is constructed, such as view, significant existing vegetation, outcroppings, topology as well as respect for the views and privacy of neighboring residences. The goal is for the appearance and character of all residences to harmonize with the natural surroundings and be compatible with the neighborhood rather than contrast sharply with it.

The purpose of the ARC established pursuant to the Restrict ions is to evaluate each proposed design for the appropriateness to its own Lot and surrounding residences. The ARC may determine that what is appropriate for one situation may not be appropriate for another.

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2.0 Compliance with Eagles Nest Restrictions and Eagles Nest Rules

o Owner's Responsibilities: Each Owner shall comply strictly with the provisions of the Eagles Nest Restrictions and Eagles Nest Rules as the same may be amended from time to time. Failure to comply with any of the Eagles Nest Restrictions and Eagles Nest Rules shall const itute a violation and shall rise to a cause of action to recover sums due for fines, penalties, Assessments, damages or injunctive relief or both, asserted by the Board on behalf of the Association or by an aggrieved Owner (Restrictiolls 3.24).

o Compliance by Owner 's Agents: Each Owner shall ensure the Owner's Builder or its employees, contractors, suppliers or agents understand and agree to comply with the provisions of the Eagles Nest Restrictions and Eagles Nest Rules. Each Owner shall be held responsible for any violation caused by any agents working on their behalf and shall rise to a cause of action as noted above (ARC Rille #3).

3.0 Design Checklist

o Benefits of a Qualified Arch itect: The ARC highly recommends enlisting the services of an architect with experience designing Hill Country custom homes in exclusive neighborhoods. Architects are skilled in assessing the Owners needs and wishes in designing a home in harmony with the characteristics of particular Lot and compatible with the neighborhood as a whole. The architect will ensure the requirements of the Guidelines are strictly adhered and can better convey to the ARC for approval the concept and design of a proposed Improvement (A RC Rule #20).

o Defi nition of Improvement : "Improvement" shall mean every structure and all appurtenances thereto of every type and kind located on the Property, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, basketball goals, swimming pools, garages, storage buildings, fences, trash enclosures, animal enclosures, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities (Restrictiolls 1.13).

o ARC Prior Approval before Construction: All Improvements, regardless of scope, size, cost or who performs the work, requires prior written approval from the ARC. With the exception of routine maintenance or repairs, alterations to the exterior appearance or removal of existing Improvements also require prior written approval from the ARC. Construction shall not commence until written ARC approval is granted. Failure to obtain prior written ARC approval will be deemed a violation of the Restrictions . (Restrictiolls 3.5, 3.9, 6.1 , 6.8, 6. 13 & ARC Rille #1 I , #13).

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A fee of SIOO shall be assessed for the ARC to perform an after-the-fact review. The Owner shall be responsible for the costs associated with correcting any and all non-compliances identified by the ARC after-the-fact review.

o Documents Required for ARC Approval: A detail set of Plans and Specifications typical of an Architects Bid Set for all Improvements shall be submitted to the ARC's for review and approval. Plans shall be annotated as appropriate to show layout dimensions, materials & finishes used and size & species of dimensional lumber. The use of "stock plans" is permitted provided that all associated Plans and Specifications have been modified to represent all proposed Improvements. Plans shall be submitted electronically in Portable Document Format (PDF). Scans of originals are discouraged unless all notations are clearly legible. (Restrictiolls 1.22 & ARC Rule #8, #14).

"Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, clearing plans, septic system plans or other sewage disposal system plans, landscaping and fencing plans, signage, lighting, elevation drawings, floor plans, specifications on all building products and construction techniques, samples or exterior colors, plans for utility services, all other documentation or information relevant to such Improvement.

Examples of such Plans and Specifications include, but not limited to, the following:

o Floor Plans, Front/SidelRear Elevations, Foundation Plan, Electrical Plan, Plumbing Plan, Roof Plan and Framing & Rafter Plan.

o Site Plan showing significant topology changes along with the location of the house. garage. driveway. fencing. swimming pool , outbuildings, septic system, mechanical equipment (such as propane tanks, NC Compressor, Pool Equipment).

o Landscaping plans showing location and types of hard- and soft-scaping plants and materials.

o Samples of Exterior Materials (stone, brick, roof) and Exterior Color Selections. Color photographs or description/images from supplier websites are acceptable.

The ARC reserves the right to require documentation from a licensed engineer or representative from the City of Burnet indicating the proposed Improvement complies with structural safety standards, engineering soundness or building codes.



o Sub-dividing and Single Family Dwellings: The Property shall be improved and used for single family residential use. No Lot shall be further divided or subdivided (Restrictiolls 3.2 & 4. I).

o Set-back Requirements: Set-back requirements shall be the more restrictive of (a) those set-fOlth on any Plat or (b) set f0l1h by the ARC. The general set-backs are 50 ft. from front and rear property lines and 15 ft. from side property line, with the exception of lots 19-24 which have a 40 ft. setback from front property line (Restrictions 3.33).

The ARC has established a more restrictive front property setback of 65 feet with exception of lots 19-24 which is 55 feet. The ARC may grant a variance to this more restrictive setback in order to accommodate topology constraints and design considerations provided the Owner is ab le to demonstrate aesthetic consistency with neighboring homes. However, in no event shall the proposed Improvement encroach upon the setback as set-forth on any Plat (A RC Rille #/7).

o Size Restrictions: Any residence constructed on Lots 4-28 shall have a minimum of 2,400 square feet of heated and cooled living space. Residences constructed on other lots shall have a minimum of 2,000 square feet of heated and cooled living space (Restrictions 3.6).

o Front Elevation: No residence shall have a front elevation less than sixty-five feet (65') in length (Restrictions 3.6).

o Height Restrictions: The maximum height restrictions are defined in "Exhibit B" of the Restrictions. Lots not specifically referenced within Exhibit B shall have a maximum height of 38 feet above natural ground. Chimneys shall be excluded when determining the highest point of the proposed Improvements (Restrictiolls 3.7 alld ARC Rille #16).

o Masonry Materials: "Masonry" shall mean brick, rock, stone or real stucco, but shall not include materials intended to imitate the look of brick, rock, stone or stucco or concrete siding products such as Hardie Plank (Restrictions 1./5).

Real stucco is defined as the traditional construction method where stucco is applied wet in three coats generally called the scratch coat, brown coat and finish coat. Stucco is applied over a base of metal wire mesh and weatherresistant , vapor-permeable building paper installed over the exterior wall sheathing. The stucco material is made from a mixture of Portland cement, fine sand, water, and hydrated lime but could include fiber additives that improve its strength and flexibility (A RC Rille #/8).

Other methods, such as Exterior Insulation and Finish S ysterns (EIFS) which uses polystyrene foam covered by synthetic stucco or Dryvit type products, are prohibited.

o Masonry Exterior: The exterior of all residences and other outbuildings on each Lot shall have an eighty-five percent (85%) Masonry exterior and the exposed portion of the foundation shall not exceed six inches (6") when measured from natural ground to the commencement of the Masonry (Restrictiolls

3. II ).


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o Roofing Materials: Roofing materials shall be either of metal, tile, and fiberglass or asphalt shingles with a 30 year or greater life rating. Roofing material shall not be too shiny or glossy. Color and finish shall not exceed a Solar Reflectance value of .60 as specified by the material supplier (Restrictiolls

3./0 & ARC Rille # / ).

o Chimney Materials: All chimneys shall have a Masonry exterior (Restrictiolls

3.10).

o Prefabricated Materials: The use of prefabricated materials shall be allowed only with the prior written approval of the ARC (Restrictiolls 3.3/).

o Garages: All garages shall be side entry, shall not have garage doors or garage openings visible from the front Lot line and shall, at a minimum, be of a size sufficient to accorrunodate two (2) standard size automobiles (Restrictiolls 3./3).

o Address Monument: An address monument sha ll be constructed adjacent to the street for each residence ident ifying the street number of such residence. The Restrictions currently requires all monuments to be 100% Masonry matching the Masonry on the residence and shall measure feet in height by 2 feet in width and depth. The ARC may consider, in its sole discretion, a variance for a more Hill Country suitable monument, however, the monument design, including materials to be used, shall require ARC approval prior to construction. (Restrictiolls 3.29 alld ARC Rille #/9).

o Driveways: All driveways shall be constructed of concrete or asphalt. Chip seal, Two Course, Squirt Top or similar materials and techniques shall not be an acceptable substitute for asphalt (Restrictiolls 3.30 & ARC Rille #7).

o Fences: Fences shall not be higher than 6' and shall be constructed of 100% Masonry or wrought iron. In order to avoid obscuring views, fencing along the perimeter of the Lot intended to provide a separation between Lots or to enclose a back yard shall be constructed of wrought iron with, optionally, stone columns. This requirement does not apply to fencing which encloses an outdoor living space connected to the house such as, but not limited to , pools or patios. No fencing shall be installed between the front yard of any residence (Restrictiolls 3./9 & ARC Rule 22).

o Screening Mechanical Equipment: Propane Tanks and Septic Systems shall not be visible from public or private thoroughfares or adjacent properties. Air Conditioning Systems, Pool Equipment shall be screened to minimize view from public or private thoroughfares (Restrictiolls 3./7 & ARC Rille #5 & 23).

o Screening Trash Receptacles: Provisions must be provided to minimize the view of all trash receptacles from public or private thoroughfares (Restrictiolls 3.3

& 3./7 alld ARC Rille #23) .

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o Playground Equipment: Playground and sports equipment shall only be installed and used behind the back elevation of the house in a manor to minimize view from public or private thoroughfares. This includes but not limited to jungle gym, putting greens, tennis courts or basketball goals. Temporary use of portable playground and sports equipment in front or at side of the Improvement shall be permitted for durations not to exceed seventy-two (72) hours. (Restrictiolls 3. 17 & ARC Rule #21 & 23).

o Lighting: No exterior light (other than security devices used exclusively for security or public safety purposes, low voltage landscaping lighting and uplighting for trees) shall be located, used or placed on any of the Property such that it will shine directly into or toward any other Lot or be offensive or detrimental to any other portion of the Property or its occupants. Outdoor area lighting for recreational purposes (such but not limited to putting greens, tennis courts or basketball courts) shall not be allowed as it will spoil the night time ambiance of the neighborhood (Restrictiolls 3.28 & ARC Rille #12).

o Water Supply: The drilling of any individual water wells on any Lot shall not be permitted (Restrictiolls 3.27).

o Septic Systems: All septic system must conform as required by the City of Burnet (Restrictiolls 3.25 & City of Bllmet Code) .

o Antennae: No exterior radio or television antenna or aerial or satellite dish receiver over thirty (30) inches in diameter shall be permitted (Restrictiolls 3.1).

o Swimming Pools: All swimming pools shall be permanently installed in-ground pools (Restrictiolls 3.15).

o Drainage: There shall be no interference with the established drainage patterns over any of the Property unless adequate provision is made for proper drainage and approved by the ARC. Each private driveway constructed over a drainage ditch or drainage way shall have open drainage under such driveway with a net drainage opening area of sufficient size to permit the free flow of water without back water, and shall be a minimum of an 18-inch diameter pipe culvert unless otherwise specified by the ARC (Restrictiolls 3.12).

o Mining and Drilling: No portion of the Lot shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate or earth (Restrictiolls 3.16).

o Variances: The ARC, in its sole and absolute discretion, may grant variances from compliance with any of the provisions of Restrictions. The granting of such variance is only applicable to the particular instance covered by the variance and shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions of the Restrictions (Restrictiolls 6.9).

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4.0 Construction Checklist

o ARC Approval Expiration: Improvement construction shall begin within twelve (12) months from the ARC approval date otherwise the approval shall become null and void requiring resubmission for ARC approval. A fee of $100 will be assessed for each resubmission (A RC Rille #6 and Restrictions 6./3).

ARC approvals are specific to the Owner of record on the date the approval was granted and is, therefore, non-transferable and shall expire immediately upon the sale of a Lot (A RC Rille #15).

o Construction Activities: Construction actIvItIes conforming to usual construction practices in the area and pursued to completion with reasonable dil igence shall not constitute a nuisance or a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities. In the event of any dispute regarding such matters, the ARC is empowered to issue waivers and/or set a reasonable schedule including days of the week and times for the performance of construction activities (Restrictions 3.23).

o Posting of Signs: Posting of signs shall be allowed during the duration of construction only after ARC approval of the Improvement. These signs shall not exceed outside dimensions of 18" x 30" with the top no more than 36" off natural ground (A RC Rille #8 and Restrictions 3.23).

o Construction Duration: No structure shall remain unfmished for more than one (I) year after the same has been commenced (Restrictions 3.32).

o Construction of Improvements: No Improvements shall be constructed upon any of the Property without the prior written approval of the Plans and Specifications for the Improvement(s) by the ARC (Restrictions 3.5 & 6.8).

o Building Permits and Certificate of Occupancy: The owner shall be responsible for ensuring that all improvements are located outs ide of any setbacks or easements on the owner's Lot and that the improvements are constructed in conformance with the codes and requirements of any governing authorities. Construction shall not be considered completed until all necessary inspections have been performed and the City of Burnet has issued a Certificate of Occupancy (City of Burnet Code & Rille #2).

o Access to Construction Site: No access to the Owner's Property shall be permitted via Common Property Green Space, other neighboring Lots or Common Property without prior approval (A RC Rille #4).

o Damage Lia bility: The Owner is responsible for all damages to common property (roads, concrete ribbon curbing, landscaping, irrigation, fencing, etc.) or that of adjacent Owner 's property caused by the Owner' s Builder or its employees, contractors, suppliers or agents. Failure to repair such damages within thirty (30) days of written notice from the ARC will be considered a violation of the Restrictions and subject to a fine not to exceed the cost of repairs (ResTricTions 5.8d & ARC RIlle #3).


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D Site Cleanup: The Owner is responsible for ensuring that during construction of the Improvement all rubbish or debris of any kind is discarded in a container appropriate for construction activities. The Owner shall immediately remove all accumulations of rubbish and debris that occurs on adjacent Lots or Common Property. Upon completion of the Improvement, the owner shall ensure that all rubbish or debris of any kind is promptly removed from the Lot or appropriately screened from view. Failure to remove trash and debris from adjacent Lots or Common Property within fifteen (IS) days of written notice from the ARC will be considered a violation of the Restrictions and subject to a fine not to exceed the cost of removal (Restrictions 3.3 & ARC Rille 10).

D Review of Work in Progress: The ARC, at its option, may inspect all work in progress to ensure compliance with approved Plans and Specifications. Upon completion of the Improvement, The ARC, at its own discretion, will issue a written report outlining any deviations to the original ARC approval that need to be completed or corrected. Failure to remedy the deviation outlined by the ARC final report will be deemed a violation of the Restrictions. (Restrictions 6.1 I , 6.14 &

ARC Rille #JJ).

D Construction in Place: All dwellings constructed on the Property shall be built in place on the applicable Lot and the use of prefabricated materials shall be allowed only with the prior written approval of the ARC (Restrictions 3.31).

D Alterations: Adding, changing or removing previously ARC approved Improvements which alters the Improvement's exterior appearance or placement within the Plat shall be performed only with the prior written approval of the ARC (Restrictions 3.9).

D Temporary Structures: Temporary Structures necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction may be maintained with the prior approval of the ARC (Restrictions 3. /5 ).

D Digging: The digging of dirt, sand, rock or gravel or the removal of any dirt, sand, rock or gravel from any Lot is expressly prohibited, except when necessary in conjunction with landscaping of such Lot, or in conjunction with construction being done on such Lot (Restrictions 3.26).

D Grading: No fill material which will change the grade of a Lot shall be placed thereon without the approval in writing of the ARC (Restrictions 3.26).

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5.0 Policies Required by Texas Property Code

In 2011, the 82nd Texas Legislative Session enacted new laws containing broader allowances for religious door displays, solar panels, roofing, flags and flagpoles and rainwater harvesting barrels. As required by the Texas Property Code ("Code"), the Association has adopted policies for which the ARC has review and approval authority.

Shown below is a synopsis for each policy. Additiona l requirements and limitations are included in the actual policy and should be reviewed prior to submitting an ARC approval request. These policies are recorded in the Official Public Records of Burnet County, Texas and shall continue in effect until superseded or revoked by subsequent written instrument filed of record.

o Flag Display Review and Approval: Only the flag of the United States of America or flag of the State of Texas or an official or replica flag of any branch of the United States armed forces shall be permitted. Flags may not exceed three (3) by five (5) foot in size and shall not exceed twenty (20) feet in height (if a freestanding flagpole) or six (6) feet in length if the flagpole is attached to a dwelling (Code 209.011).

o Rainwater Collection Review and Approval: Rainwater collection systems shall (Code 202.007):

o be of color consistent, in the reasonable opinion of the ACC, with the color scheme of the property owner's home;

o not display any language or other content that is not typically displayed on such barrel or system as it is manufactured;

o shall not be located on property owned by the Association or on property owned in common by the members of the Association or located between the front of the property owners' home and an adjoining or adjacent street;

o to the greatest extent reasonably possible, be located and/or shielded so as to minimize the visual impact of the installation on adjacent properties, lots and co mmo n areas;

o shall be constructed of a non-reflective material; and

o shall not exceed eight feet in height.

o Religious Display Review and Approval: Religious Iterns shall mean an item, on the entry to the owner's or resident's dwelling, the display of which is motivated by the owner's or resident 's sincere religious belief. The ARC may deny an application for approval which (Code 202.018) :

o Threatens the public health or safety; or

o Violates a law; or

o Contains language, graphics, or any display that is patently offensive to a passerby of reasonable sensitivities; or

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o Is in a location other than the entry door or door frame or extends past the outer edge of the door frame of the owner's or resident 's dwelling; or

o Individually or in combination with other religious items displayed or to be displayed on the entry door or door frame has a total size of greater than 25 square inches.

o Roofing Materials Review and Approval: Roofmg materials shall mean shingles proposed to be installed on the roof of the Owner's home or authorized outbuilding located on the Owner' s propelty within the subdivision, when the shingles meet the following standards (Code 202.011):

o They are designed primarily to a) be wind and hail resistant, b) provide heating and cooling efficiencies greater than those provided by customary composite shingles or c) provide so lar generation capabilities.

--- and ---

o When installed a) resemble the shingles used or otherwise authorized for use on property within the subdivision, b) are more durable than and are of equal or superior quality to authorized shingles and c) match the aesthetics of the property surrounding the owner's property.

o Solar Panel Review and Approval: Applications for a solar panel device ("SED") may be denied, or reasonable restrictions impose on the installation of an SED that (Code 202.010):

o As adjudicated by a Court, or threatens the public health or safety or violates a law;

o Is located on property owned or maintained by the Association;

o Is located on property owned in common by the members of the Association;

o Is located in an area on the Owner' s property other than the roof of the home or in a fenced yard or patio owned and maintained by the Owner;

o Does not meet all requirements for installation of the SED on a roof or in a fenced yard or patio owned and maintained by the Owner as set out above;

o Was installed without prior approval of the ARC;

o The ARC finds that placement of the SED as proposed will substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.



Exhibit A "ARC Adopted Rules"

The Architectural Review Committee may adopt procedural and substantive ru les. not in conflict with the Restrictions. as it may deem necessary or proper for the performance of its duties. including but not limited to a building code. a fire code. a housing code. landscaping code and other similar codes as it may deem necessary and desirable (Restrictions 6. 7).

The table below contains the adopted rules as of the effective date of the Guidelines.

Rule# Description

1 Clarify Restrictions 3.10 to ensure that metal roofing material are not too shiny or glossy

2 Emphasize improvements are constructed in conformance with the codes and requirements of any governing authorities

3 Emphasize the owner is responsible for damage to any Association property (landscaping, irrigation, fenCing, etc.) made by owner's builder or contractor.

4 Emphasize that no access is permitted via Green Space, other neighboring lots or any dra inage areas behind owner's lot without prior approval.

5 Clarify Restrictions 3.17 to include screen ing of mechanical equipment from view (such as Propane tanks and A/C equipment) .

6 ARC Approvals remain validate for 12 months. Project not started within that time must be resubmitted for approval subject to a $100 resubmission fee .

7 Clarify Asphalt definition in Restrictions 3.30 to exclude "chip seal"rtwo course"/"squirt top" driveways.

8 Clarify Restrictions 1.22 to include a more specific list of documents required for ARC review and establish requirements for using stock plans.

9 Establish size limitations for the posting of sign under Restrictions 3.23. Clarify when such signs are al lowed.

10 Clarify Restrictions 3.3 to include owners responsibility to prohibit Trash and Debris from accumulate on neighboring lots and to cleanup property upon completion of construction.

11 Add to Restrictions 6.11 an optional written report of ARC final Review of Work in Progress which outlines deviations from an approved Improvement that require action.

12 Clarity Restrictions 3.28 to prohibit outdoor lighting of recreational areas.

13 Assess $100 fee for after-the-fact ARC review of improvements without prior ARC approval. Allowed by Restrictions 6.13.

Architectura l Guidelines (v20 17-2) Eagles Nest Homeowners Association

Effective Date

10/ 20/2008

2/18/2011

2/ 18/2011

2/18/ 2011

12/ 1/ 2012

2/4/ 2015

2/ 4/ 2015

9/22/ 2015

1/25/ 2016

2/23/2016

2/23/2016

3/4/ 2016

8/ 2/16

Page 14 or 18 Approved

Rule# Description

14 ARC reserves right to require evidence of structural safety, engineering soundness or conformance with building codes. Consistent with Restrictions 6.8.

15 ARC approvals are speCific to the Owner of record on the date the approval was granted and is, therefore, non-transferable and shall expire immediately upon the sale of a Lot .

16 Exhibit "8" Height Restrictions only addresses Eagles Nest Section one. Clarify Restrictions 3.7 to state that Lots not specifically referenced by Exhibit B shall be limited to 38 feet above natural ground.

17 ARC increased the front property setback by 15 feet to provide a more stately appearance . This more restrictive setback, as allowed by Restrictions 3.33, is now 65 feet with exception of lots 19-24 which is 55 feet .

18 Clarify the definition of "Real Stucco" referenced in Restrictions 3.11.

19 Allow variances to the size and shape of Address Monuments as defined in Restrictions 3.29. ARC approval is still required .

20 Encourage the use of architects who have experience designing Hill Country custom homes.

21 Update "unsightly" articles defined in Restrictions 3.17 to include playground equipment which shall not be visible from front property line .

22 As allowed by Restrictions 3.19, restrict the materials used for perimeter fencing to wrought iron with stone columns.

23 Establish a consistent set of guidelines for assessing "Screened From View" compliance of unsightly articles (Restrictions 3.3, 3.17 and 3.22). See Exhibit B for explanation of these guidelines.


Effective Date

8/2/16

10/22/16

11/03/16

1/ 12/17

OS/25/16

02/27/17

4/4/17

5/10/17

5/10/17

7/7/17


Exhibit B "Screened from View Definition"

The screening of unsightly articles is referenced in several sections of the Eagles Nest Restrictions (3.3 "Rubbish and Debris", 3.17 "Unsightl y Articles" and 3.18 "Mobile Homes, Travel Trailers and Recreational Vehicles"). These sections use inconsistent and sometimes vague terms leaving its definition open to interpretation.

The ARC has established the following definition of terms found in the Restrictions as a guideline for assessing compliance:

• Definition of "So as to be visible" or "Screened from View" : Unsightly articles shall not be visib le within the normal visual range by someone standing at ground level, on a similar elevation from one of the following viewing locations:

o Location not specified by the Declaration: Unless otherwise specified by the ARC for a specific unsightly article, viewing location shall be from public or private thoroughfares.

o Public or private thoroughfares : The street(s) adjacent to the front, side or back property lines of the Lot.

o Adjacent or Adjoining properties : Neighboring Lots which share property lines.

o Other properties: See above definition for "Adjacent or Adjoining Properties"

o Any other portion of the Property: See above definition for "Location not specified by the Declaration".

• Definition of "Normal Visual Range" : The formal definition is the distance at which a given standard object can be seen with the unaided eye. For the purposes of interpreting the Eagles Nest Declaration, this distance shall be limited to 200 feet or the width of a standard Lot.

Usi ng the above definitions, the following interpretations are applied to various provisions of the Restrictions:

Section 3.3 Rubbish and Debris

SI': Refuse, garbage and trash shal l be kept at all times in covered conta iners and such containers shall be kept within enclosed structures or appropriately screened from view.

Interpretation: Viewing location is not defined. Unless otherwise specified by the ARC. the view of trash contaillers from public or private thoroughfares shall be minimized.

Section 3.17 Unsightly Articles; Vehicles

S1: No article deemed to be unsightly by the Architectural Review Committee shall be permitted to remain on any Lot so as to be visible from any other portion of the Property or public or private thoroughfares.

Interpretation: Viewing location is limited to thoroughfares unless otherwise defined by the ARC. The ARC should define a viewing location specific to each article deemed unsightly. Examples: a) Propane tanks shall not be visible from public or

I The "S" refers to the sentence within the section. The "P" refers to the phrase within the sentence.

Architectural Guidel ines (v2017-2) Eagles Nest Homeowners Association


private thoroughfares or adjacent properties. b) NC and Pool equipment shall be screened to minimize view from public or private thoroughfares.

S2-Pl: Without limiting the generality of the foregoi ng ...

Interpretation: This statement supports the authority given in the first sentence allowing the ARC to determine additional unsightly articles and its viewing location.

S2-P2: ." trai lers, graders, trucks other than pickups, boats, tractors, campers, wagons, busses, motorcycles, motor scooters, and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and .. .

Interpretation: Viewing location is not defined and is limited to thoroughfares unless otherwise defined by the ARC. The ARC should define viewing location specific to each vehicle type and/or the duration which it may remain visible. Examples: a) Unsightly vehicles shall not be visible from public or private thoroughfares or adjacent properties. b) Garden maintenance equipment, while in use, may remain visible for no more than seventy-two (72) hours. c) Inoperable vehicles shall not be stored outside of an enclosed structure.

S2-P3: .. . no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures.

Interpretation: Self-explanatory. Vehicle repair and maintenance is not permitted outside of enclosed structure.

S3: No automob iles or other vehicles may be parked overnight on any roadway within the Property.

Interpretation : Self-explanatory. No overnight street-side parking shall be permitted

S4-Pl : Service area, storage area, loading area and compost piles shall be appropriately screened from view from public or private thoroughfares and other properties and ...

Interpretation: Self-explanatory. Viewing location is properly defined for service areas, storage areas and compost piles.

S4-P2: .. . no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materia ls or scrap or refuse or trash shall be kept stored or all owed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from public or private thoroughfares and ad jacent properties.

Interpretation: Self-explanatory. Viewing location is properly defined for debris.

Section 3.18 Mobile Homes, Travel Trailers and Recreational Vehicles

Sl-Pl: No Mobile Homes shall be parked or placed on any Lot at any time. and ...

Interpretation: Self-explanatory. Mobile Homes shall not be permitted within Eagles Nest for any duration.

Sl-P2: ... no travel trailers or recreation veh icl es shall be parked on or near any Lot so as to be visib le from adjoining property or thoroughfares for more than seventy-two (72) hours.

Interpretation: Self-explanatory. Viewing location is properly defined for travel trailers and recreational vehicles.



By their signature below, the Manager of the Association certifies that the foregoing Guidelines was duly approved and adopted by the Board of Directors of the Association the ~ day of -::r oJ \ 'I , 2017 and effective as of the date noted above.

I

Certification

I, the undersigned, do hereby certify:

THAT I am the duly authorized Manager of EAGLES NEST HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation (the "Association") and, in such capacity, I have access to the records of the Association. The records reflect that the foregoing Guidel l'nes of the Assoc~ was duly adopted by the Board of Directors of the Association on the ~ day of

, )..,Iy ,2017.

IN WITNESS WHEREOF, I have hereunto subscribed my name this Jl day of -;r:, Iy ,2017.

ACKNOWLEDGEMENT

STATE OF TEXAS

COUNTY OF BURNET

§

§

§

This instrument was acknowledged before me on this the I t.f-l« day of ,I \I lirE ' 2017 by --rOMM'i J. ( 'r-BuT , ManagerofEAGLESNESTHO OWNERS ASSOCIATION, INC., a Texas non-profit corporation on behalf of said corporation.

AFTER RECORDING, RETURN TO:

Eagles Nest Homeowners Association 105 Eagle Ridge Burnet, Texas 78611

Architectural Guidelines ( ... 2017-2) Eagles Nest Homeowners Association

~" ... -... ...... - --..... .. .... - ~-""~~ . . " NANCY PULLEN ~ /t:,':.-~ NOT~.RY PUBLIC

l~' ...,....~..,..... r STAl E OF TEXAS • r ... j ~ IDR 12E22424·5

, My' COOlm EXt -«~«·2i -2019 ~~~~-~~~~~~~~~~~


FILED AND RECORDED OFFICIAL PUBLIC RECORDS

~,t?aMu/ Janet Parker. County Clerk

Burnet County Texas

7'141201733716 PM

FEE S8400

POLICY

201706914