Zoning and Deed Restrictions
Casa Linda Estates (CLE) is divided into four sections and each section is governed by their own set of deed restrictions. The deed restrictions for CLE have a time limit - that is to say they are valid for a finite period of time at which time the said deed restrictions can be renewed and amended if desired. CLE Deed restrictions can be renewed anytime within one year of their expiration. The last time CLE deed restrictions were renewed was in 1984.
In ALL cases, the signatures of the owners of a majority of the square footage of the given section are required to approve any renewal or amendments. The original deed restrictions were drafted in the 1930s. As a result, the original deed restrictions contained restrictions that are illegal today. Specifically they make restrictions to those individuals of color. When the deed restrictions were renewed in 1984 sections-2, section-3, and section-4 specifically did not renew any restriction which referenced race. Although section-1 renewal did not explicitly remove references to race there is a clause which is formally stamped by the Dallas County Clerks Office on each deed restriction that effectively removes any restriction, in all deed restrictions, that discriminates based on race, color, sex, handicap, or national origin. The CLE deed restrictions really have two parts to them: 1) The original deed restriction (drafted in the 1930s) and 2) the deed restriction renewal. The renewal is the document that either amends the original deed restrictions or can completely re-write the deed restrictions. CLE has both examples. You will notice as you review the subsequent tabs that the top portion of each tab contains the renewal. Following each renewal is the original deed restriction (if applicable). Section-2 is a good example where the renewal completely re-wrote the original deed restriction (for section-2); that is why you will not see the original deed restrictions for section-2; it is because they (the original deed restrictions) are no longer applicable. Section-1 and secttion-4 are good examples where the renewal references the original deed restriction and makes some amendments. For section-1 and Section-4, you will find the renewal along with the original deed restrictions. In Section-3 you will notice there are not any original deed restrictions listed. This is because they reference the deed restrictions of section-2. If you examine closely the renewal for section-3 it states the following:
Volume 2138 Page 626 references the original deed restrictions of section-2! This is important because the renewal for section-2 is not the same as the original deed restrictions for section-2 (the set backs are different among other things). Volume 83250 Page 2827 is where section-2 renewal is formally recorded. Current City of Dallas Zoning (R10A)This is what the City of Dallas will enforce when you apply for a building permit.
Current Deed RestrictionsThe City of Dallas does not enforce deed restrictions - these are enforced by the residents.
* The deed restrictions place no restrictions on the actual height of the home. The deeds explain that homes may be 1, 1-1/2, or 2 story. Therefore the height of a home would be governed by the City R10A zoning. Section-1 NSO SetbacksAn NSO (Neighborhood Stabilization Overlay) sits on top of R10 zoning. That means that when you apply for a building permit the City of Dallas will first look at the NSO restrictions and enforce accordingly. Any restriction not covered under the NSO will then be covered by R10 zoning. For example, the NSO for section 1 has no height restriction. This means that the height will then be governed by the City's R10 zoning. Section-I is the only section in Casa Linda Esates where an NSO applies and does not include the homes of Section-I which front Buckner
* The NSO applies to Section-1 excluding Buckner Frontage homes. There is no height restriction under this NSO. As a result the height of the homes under the NSO are governed by R10A zoning, which is 30-feet.
NOTE: FYSB = Front Yard Setback; SYSB = Side Yard Setback
RENEWAL OF RESTRICTIONS CASA LINDA ESTATES: 1ST INSTALLMENT We, the undersigned, are presently owners of lots or estates in Casa Linda Estates, First Installment, an Addition to the City of Dallas in the County of Dallas, Texas, the map or plat which is recorded in Volume 5, Page 311, Map Records of Dallas County, Texas. As owners of a majority square feet area of said Estates, we desire to renew and extend the restrictions, conditions and covenants running with our land, which restrictions, conditions and covenants are recorded in Volume 5, Page 314 of the Map Records of Dallas County, Texas, and are also contained in the original deed from Carl M. Brown and wife, Ida May Brown, developers, to each of us or to our predecessors in title, such renewal and extension to be not only of original restrictions but also any additions, changes or amendments duly made, filed and recorded since the original restrictions. NOW, THERFORE, each of us make this written declaration, hereby renewing and extending said restrictions, conditions and covenants as duly supplemented and amended, (excepting only paragraph 11 of said restrictions, conditions and covenants which paragraph is hereby expressly not renewed or extended) for an additional period of fifty (50) years from and after January 3, 1984, at the end of which time said restrictions, conditions and covenants may again be renewed and extended by the then owners of a majority of the square foot area of said Estate. RESTRICTIONS: CASA LINDA ESTATES: FIRST INSTALLMENT:
Paragraph 1
There shall not be erected on any one estate, as such estate may be prescribed or described or designated in each deed, more than one private dwelling house and the necessary outhouses, and said premises shall be used for private dwelling purposes and by white persons only, not excluding bona fide servants of any race; except that on any Estate fronting on EL CAMPO DRIVE and on REDONDO DRIVE, west of its points of intersection with El Campo Drive, a two family dwelling may be erected.
Paragraph 2
No dwelling house or outbuildings shall be erected on said Estate, excepting in accordance with plans and specifications which have been approved in writing by a committee of three, which committee shall be composed of the owner of Casa Linda Estates, the Chairman, and two other Estate owners residing in said estates; said two committee men to be elected by a majority vote of the owners. Copy of said plans and specifications shall be filed with the Chairman of said committee.
Paragraph 3
The exterior construction of any dwelling erected on any Estate shall be of Brick, Brick Veneer, stone, stone-veneer, hollow tile, stucco or concrete, or any of the heretofore mentioned materials for the first story/frame for the second story, and the servants house, garage and other outhouses may be of frame weather boarded and painted, or any of the foregoing materials, except, that on those Estates fronting on El Campo Drive and on Redondo Drive west of its points of intersection with El Campo Drive, the exterior construction of any dwelling may be frame if weather boarded and painted.
Paragraph 4
On all estates fronting on BUCKNER BOULEVARD, in Blocks —A“, —D“, and —E“. no dwelling shall be erected unless it is full two stories in height; and shall contain not less than 2200 square feet of floor space, exclusive of porches, terraces and outbuildings, whether attached or detached. On all other estates shown as subdivided on the map of dedication, either one story, story and one half or two story dwellings may be erected. On all Estates fronting on Buckner Boulevard in blocks —B“, —C“, —H“, and —L“ no dwelling shall be erected which contains less than 1400 square feet of floor space exclusive of porches, terraces and outbuilding, whether attached or detached; and said dwellings shall contain a minimum of six rooms, exclusive of bath. On all Estates fronting on Hermosa Drive in block —A“, Alta Mira Drive in Blocks —B“ and —C“ and on Redondo Drive in Blocks —D“ and —L“, shown as subdivided on map of dedication, no dwelling shall be erected which contains less than 1000 square feet of floor space exclusive of porches, terraces and outbuildings whether attached or detached; and said dwellings shall contain a minimum of five rooms, exclusive of bath. On all Estates fronting on El Campo Drive in Blocks —J“ and —K“ and those fronting on Hermosa Drive and Redondo Drive in Block —K“, shown as subdivided on the map of dedication, no dwelling shall be erected which contains less than 900 square feet of floor space exclusive of porches, terraces and outbuildings, whether attached or detached; and said dwellings shall contain a minimum of five rooms, exclusive of bath.
Paragraph 5
No dwelling house (this to apply to the main body or other enclosed portion of the house) shall be erected on any Estate fronting on Buckner Boulevard at any point nearer than 100 feet to the property line of the street; and on all other streets no dwelling house shall be erected on any estate at a point nearer than 50 feet to the property line of the street. On Buckner Boulevard no dwelling house shall be erected on any estate at a point nearer than 25 feet to either side property line. On all other streets no dwelling house shall be erected on any Estate at any point nearer than 15 feet to either side property line.
Paragraph 6
No buildings fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over or across the —Easement Strip“ as shown on the Map of Dedication of Casa Linda Estates. Said —Easement Strip“ being reserved for the mutual use and accommodation of all public utilities, desiring to use or using same. All or any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective system on this —Easement Strip“, and all public utilities shall at all times have the full right to ingress and egress to or from and upon the said Easement Strip, for the purpose of constructing, reconstructing inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems, without the necessity at any time of procuring the permission of anyone.
Paragraph 7
Any fence constructed on any estate must be of ornamental iron or woven wire, with iron posts, or rustic fence, stone fence, or wooden fence duly painted, and must not be more than 40 inches high between the dwelling and the street which the dwelling faces, nor more than five feet high the depth of the dwelling, nor more than six feet high at any point rear of the dwelling.
Paragraph 8
Any dwelling erected on any Estate must be equipped and connected with a septic tank or sanitary sewer disposal system approved by the City of Dallas.
Paragraph 9
No garage, servant‘s house, garage house or other temporary dwelling or outbuilding shall be occupied by owner, tenant or any one prior to the erection of main dwelling.
Paragraph 10
No noxious or offensive trade shall be carried on upon any Estates, now shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein before January 1, 1963, it shall be lawful for any other person or persons owning any other estates in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants of restrictions, and either to prevent him or them from so doing or to recover damages or other dues for such violations.
Paragraph 11
It is further agreed and stipulated that upon the breach of any of the foregoing conditions and covenants, within twenty five years from the first day of January, 1938, the title to said premises shall ipso facto and immediately revert to and vest in Carl M. Brown and wife, Ida May Brown, their successors or assigns, and they or their successors or assigns shall be entitled to immediate possession thereof but such reversion shall not affect any mortgage, or other lien, which in good faith at that time may be existing upon said property or any improvements thereon.
Paragraph 12
Each and every condition and covenant herein contained shall terminate and be of no further effect after twenty-five years from the first day of January, 1938, provided; that at any time within one year before the expiration of said period the then owners of a majority of the square foot area of said Estates, may by written declaration signed and acknowledged by them, and recorded in the deed records of Dallas County, Texas, extend or amend said restrictions, conditions and covenants, provided that nothing contained in this paragraph #12 shall apply to provisions of paragraph #6 above.
NOW, THEREFORE, each of us makes this written declaration, hereby renewing and extending and amending said restrictions, conditions, and covenants, as duly supplemented and amended for an additional twenty-five (25) years from and after January 1, 1984, at the end of which time said restrictions, conditions and covenants will automatically renew for a second twenty-five (25) year period, in the absence of any contrary action by the then owners of the majority of the square feet of the SECOND INSTALLMENT of CASA LINDA ESTATES. These restrictions, conditions and covenants shall be amended hereby to read as follows: FIRST: There shall not be erected on any one Estate, as such Estate may be prescribed or described or designated in this SECOND INSTALLMENT, CASA LINDA ESTATES, more than one private dwelling house and the necessary outhouses, and said premises shall be used for private dwelling purposes only. SECOND: The exterior construction of any dwelling erected on any Estate shall be of brick, brick veneer, stone, stone veneer, hollow tile, stucco or concrete, or any of the heretofore mentioned materials for the first story and or frame for the second story, and the servants’ house, garage and other outhouses may be of frame weather boarded and painted, or any of the foregoing materials. THIRD: On all estates, either one story, story and one half or two-story dwellings shall be erected. No dwelling shall be erected which contains less than 1,000 square feet of floor space, exclusive of porches, terraces and outbuildings, whether attached or detached; and said dwellings shall contain a minimum of five rooms, exclusive of bath. FOURTH: No dwelling shall be erected on any estate at a point nearer than fifty (50) feet to the property line of the street. No dwelling house shall be erected on any estate at any point nearer than twelve (12) feet to either side property line. FIFTH: No building, fence, tree, shrub, or other improvement or growth shall be constructed or placed upon, over or across the "Easement Strip," as shown on the Map of Dedication of Casa Linda Estates. Said "Easement Strip" being reserved for the mutual use and accommodation of all public utilities, desiring to use or using same. All or any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction or efficiency of its respective exits on this "Easement Strip" for the purpose of constructing, re-constructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems, without the necessity of at any time procuring the permission of anyone. SIXTH: Any fence constructed on any estate must be of ornamental iron or woven wire, with iron posts, or rustic fence, stone fence or wooden fence duly painted, and must not be more than forty (40) inches in high between the dwelling and the street which the dwelling faces, nor more than five (5) feet high the depth of the dwelling, nor more than six (6) feet high at any point rear of the dwelling. SEVENTH: Any dwelling erected on any Estate must be equipped and connected with a septic tank or sanitary sever disposal system approved by the City of Dallas. EIGHTH: No garage, servants house, garage house or other temporary or outbuilding shall be occupied by owner, tenant or anyone prior to the erection of main dwelling. NINTH: No noxious or offensive trade shall be carried on upon any estate nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any if the covenants or restrictions herein before January 1, 2009, It shall be lawful for any other person or persons owning any other estate in said CASA USDA ESTATES, SECOND INSTALMENT to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent him/her -or them from so doing or to recover damages or other dues for such violations. TENTH: No gas meter shall be set nearer the street than the front or side of dwelling unless the meter is of an underground type. ELEVENTH: Any estate when improved, the purchaser must construct or have constructed a reinforced concrete dip entering said Estate of uniform grade and size as per those established prior to 1983. TWELFT: Each and every condition contained herein shall renew and be effective for an additional twenty-five (25) years from the first day of January 2009 in the absence of contrary action by the owners of fifty-one (51) percent of the square footage of CASA LINDA ESTATES, SECOND INSTALLMENT.
RENEWAL OF RESTRICTIONS CASA LINDA ESTATES: 3RD INSTALLMENT We, the undersigned, are presently owners of lots or estates in Casa Linda Estates, Third Installment, an Addition to the City of Dallas in the County of Dallas, Texas, the map or plat of which is recorded in Volume 6, Page 267, Map Records of Dallas County, Texas. As owners of a majority of the square feet area of said Estates, we desire to renew and extend the restrictions, conditions and covenants running with our land, which restrictions, conditions and covenants are recorded in Volume 2138, Page 626 of Map Records of Dallas County, Texas, and are also contained in the original deed from Carl M. Brown and wife, Ida May Brown, developers, to each of us or to our predecessors in title, such renewal and extension to be not only of the original restrictions but also any additions, changes or amendments duly made, filed and recorded since the original restrictions. All references to racial restriction are herewith deleted. NOW, THEREFORE, each of us makes this written declaration, hereby renewing and extending said restrictions, conditions and covenants, as duly supplemented and amended, for an additional period of twenty-five years from and after January 1, 1984, at the end of which time said restrictions, conditions and covenants may again be renewed and extended by the then owners of a majority of the square foot area of said Estates. IN WHITNESS WHEREOF, we have executed this instrument on the respective dates indicated. The document is then signed by approximately 29 residents Note: Section-3 renewal references the original deed restrictions for section-2 (the original deed restrictions for section-2 are not the same as the renewal for section-2). RENEWAL OF RESTRICTIONS CASA LINDA ESTATES: FOURTH INSTALLMENT We, the undersigned, are presently owners of lots or estates in Casa Linda Estates, Fourth Installment, an Addition to the City of Dallas in the County of Dallas, Texas, the map or plat of which is recorded in Volume 7, Page 242-A, Map Records of Dallas County, Texas. As owners of a majority of the square feet area of said Estates, we desire to renew and extend the restrictions, conditions and covenants running with our land, which restrictions, conditions and covenants are recorded in Volume 7, Page 242-A of Map Records of Dallas County, Texas, and are also contained in the original deed from Carl M. Brown and wife, Ida May Brown, developers, to each of us or to our predecessors in title, such renewal and extension to be not only of the original restrictions but also any additions, changes or amendments duly made, filed and recorded since the original restrictions. NOW, THEREFORE, each of us makes this written declaration, hereby renewing and extending said restrictions, conditions and covenants, as duly supplemented and amended, (excepting only paragraph 2 in its entirety and that part of paragraph 1 of said restrictions, conditions and covenants, that states “… and by white persons only” which are hereby expressly not renewed or extended) for an additional twenty-five years from and after January 1, 1984, at the end of which time said restrictions, conditions and covenants may again be renewed and extended by the then owners of a majority of the square foot area of said Estates. RESTRICTIONS: CASA LINDA ESTATES: FOURTH INSTALLMENT:
FIRST
FIRST: There shall not be erected on any one Estate, as such Estate may be prescribed or described or designated In this deed, more than one private dwelling house and the necessary out houses, and said premises shall be used for: private dwelling purposes only, and by white persons only, not excluding bona fide servants of any race; except a two family dwelling may be erected with side entrance, and only one main front entrance, provided the plans are approved in writing by the Developer of this sub-division or in case of his incapacity to serve a committee of three elected by the property owners of all the Installments of Casa Linda Estates.
SECOND
SECOND: No dwelling house or outbuilding shall be erected on said Estate, except In accordance with plans and specifications which have been approved in writing by the Owner of Casa Linda Estates or, in case of his incapacity to serve a committee of three elected by the property owners of all the Installments of Casa Linda Estates. Copy of said plans and specifications shall be filed with the Owner of said Casa Linda Estates.
THIRD
The exterior construction ar any dwelling erected on any Estate shall be of brick, brick veneer, stone, stone veneer, hollow tile, stucco or concrete or other fire resisting material, provided written consent Ic given by the Owner of Casa Linda Estates, or any of the heretofore mentioned materials for the first story and frame for the second story, and the servant's house, garage and other outhouses may be of frame weather-boarded and painted, or any of the foregoing materials.
FOURTH
FOURTH: No dwelling shall be erected which contains leas than 105O square feet of floor space, exclusive of porches, terraces, garage, and outbuildings whether attached or detached; and said dwelling shall contain a minimum of five rooms, exclusive of the bath.
FIFTH
FIFTH: No dwelling house (this to apply to the main body or other enclosed portion, of the house) shall be erected on any Estate fronting on any street at any point nearer than 40 feet to the property line of the street. On all streets no dwelling, garage or outbuilding shall be erected at any point nearer than 25 feet from that street as a side set back. No dwelling house shall be erected on any estate at any point nearer than 12 feet of either inside property line.
SIXTH
SIXTH: All of the Estates in Block 18, Estate 14 in Block 16, Estate 1 In block 14, Estates 11 and 12 In Block 15, are restricted against Any type of outbuilding on the rear of the Estate, and the garage must be attached to the dwelling and If a servant's house or storage room is built, it must be attached to the garage or dwelling, and said Estates are further restricted against construction of any entrance between highway 67, commonly known as the Garland Road, and said Estates. All of the estates In Block 18 have a six foot beautification strip reserved in connection with the water line easement off the rear of said Estates. Estate 14 In Block 16 Estate 1 In Block 14, Estate 11 and 12 in block 15 have a six foot beautification strip of the side or said Estates adjacent to Highway 67, commonly known as Garland Road.
SEVENTH
SEVENTH ; No buildings, fences, trees, shrubs, or other improvements or growth shall be constructed or placed upon, over or across the "Easement Strip." as shown on the Map of Dedication of Casa Linda Estates, Said "Easement Strip" being hereby reserved for the mutual use and accommodation For all public utilities, desiring to use or using same. All or any public utility shall have the right to remove and keep removed all or part Of any buildings, fences, trees. shrubs, or other Improvements or growth which may in any way endanger or Interfere with the construction, maintenance or efficiency of its respective system on this "Easement Strip" and all public utilities shall at all times have the full right of ingress and egress to or from and upon the said "Easement strip" for the purpose of constructing, reconstructing, Inspecting, patrolling, maintaining and adding to or removing all/or part of Its respective systems, without the necessity of at any time procuring the permission of anyone. It is further understood and agreed by. all parties that the foregoing restrictions do not. apply to the six foot "Easement Strip" along Highway 67 and alone the Peavy Road which "Easement Strip" Is dedicated to be used only for the planting and maintaining of various shrubs for beautification and toe placing on and maintaining of a public water main and that the Telephone Company and the Power Company shall be permitted to cross said "Easement Strip" at right angles for service to adjacent properties.
EIGHTH
EIGHTH: Any fence constructed on any Estate must be or ornamental Iron or woven wire, with iron posts, stone fence or wooden fence duly painted and must not be more than 42 inches high between the dwelling and the street which the dwelling faces, not more than 42 Inches at any point on corner Estates back to its restricted building line from that street. Any other fencing on the Estate from the rear of dwelling to the back be to six feet in height. Any continuous shrubbery or hedge must conform to the heights as set out In the above fence restrictions.
NINTH
NINTH: Any dwelling erected on any Estate must be equipped and connected with a Septic tank or sanitary Sewer disposal system approved by the City of Dallas, and the Owner of Casa Linda Estates.
TENTH
TENTH: No garage, servant‘s house, garage house or outbuilding shall be occupied by owner, tenant or anyone prior to the erection of main dwelling.
ELEVENTH
ELEVENTH:; NO noxious or offensive trade shall be carried on upon any Estate nor shall anything be done thereon which may be or become an Annoyance or nuisance to the neighborhood.
TWELFTH
TWELFTH, IF the parties hereto or any of them or their heirs or assignor shall violate or attempt to violate any of the covenants or restrictions herein before January 1st, 1963, It shall be lawful for any other person or persons owning any other Estate, in the subdivision to prosecute any proceedings at law or In equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent, him or them from so doing or to recover damages or other dues for such violation.
THIRTEENTH
THIRTEENTH. No gas meter shall be any nearer the street than the front or side of dwelling unless the meter la of an underground type.
FOURTEENTH
FOURTEENTH: . Each and every condition and covenant herein contained shall terminate and be of no further effect after twenty-five years from the first day of January 1838, provided: That at any time within one year before the expiration of said period, the then owners of a majority of the square foot area of said Estates, may by written declaration signed and acknowledged by them, and recorded in the Deed records of Dallas County, Texas, extend or amend said restriction, conditions and covenants provided that nothing contained in this Paragraph No. 14, shall apply to provisions of Paragraph No. 7 above.
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