DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR LEISUREWOODS, SECTION ONE

THE STATE OF TEXAS
                                                        KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF HAYS

THAT WHEREAS, JIM RUBY, INC., hereinafter called the Declarant, is the owner of all that certain property located in Hays County, Texas, described as follows:

Being 68.454 Acres of land, and being a portion of the Phillip J. Allen survey No. Four (4) in Hays
County, Texas, and being a portion of that 352.64 Acres of land conveyed to James Cecil Ruby, Jr., as
show in recorded Deed in Volume 225, Page 573-576 of the Deed Records of Hays county, Texas, and
being platted as Leisurewoods Section One (1), more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof for all purposes; and
WHEREAS, the Declarant will convey the above described properties, subject to certain
protective covenants, conditions, restrictions, and charges as hereinafter set forth;
NOW, THEREFORE, it is hereby declared that all of the property described above shall be
held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of, and which shall run with the real
property and shall be binding on all parties having any right, title, or interest in or to the above
described property or any part thereof, and their heirs, successors and assigns, and which easements,
restrictions, covenants, and conditions shall inure to the benefit of each owner thereof.

ARTICLE ONE

DEFINITIONS

1. Owner. "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot or portion of a lot on which there is or will be built a detached
single family dwelling, including contract sellers, but excluding those having such interest merely as
security for the performance of an obligation.

2. Properties and Lot. "Properties" shall mean and refer to that certain real property
hereinbefore described. "Lot" shall mean and refer to that portion of any of the plats of land shown upon
the plat and subdivision map recorded as Leisurewoods Section One (1), on which there is or will be
built a single family dwelling. The term "Lot" shall not include any reserves shown on the said map or
plat.

ARTICLE TWO
ARCHITECTURAL CONTROL

1. Architectural Control Committee
An architectural control committee shall be designated and composed of three (3) members
appointed by Jim Ruby, Inc. Jim Ruby, Inc. reserves the right to terminate or assign responsibilities in
regard to the Architectural Control Committee. In the event Jim Ruby, Inc., terminates its responsibility
altogether, then the committee shall be elected by the record owners of a majority of the lots in the
subdivision.

2. Approval of Plans and Specifications
No building, fence, wall, or other structure shall be commenced, erected, or maintained upon
the properties, nor shall any exterior addition to, or change or alteration therein, be made, nor shall any
landscaping of any Lot or Lots be undertaken, until the plans and specifications showing the nature,
kind, shape, height, materials, and location of the same shall have been submitted to, and unanimously
approved in writing by, the Architectural Control Committee as to harmony of external design and
location in relation to surrounding structures and topography.

3. Committee Action
The Committee must approve or disapprove of submittals in writing. In the event that any plans
and specifications are submitted to the Committee as provided herein, and such Committee shall fail
either to unanimously approve or reject such plan and specifications within thirty (30) days following
such submission, approval by the Committee shall not be deemed to have been had. Failure to act on
any submission shall in no event affect requirement of submission of any and all plans and specifications
as required hereunder.

4. Control by Owners
Notwithstanding anything else herein to the contrary, within three (3) years from the date of the
first sale in this subdivision or after 30% of the lots have been sold, whichever occurs first, the
Architectural Control Committee shall thereafter be elected annually by a majority vote of the lot
owners in the subdivision. To serve on the committee, the person selected must be an owner in the
subdivision. The committee shall be elected on an annual basis with the meeting to be held on the third
Tuesday of January of each year, it being understood that Jim Ruby, Inc., shall give notice of the first
meeting of lot owners at which time the lot owners shall elect officers and thereafter perpetuate
themselves. If for any reason new committee members are not elected each year, then the existing
committee members shall continue to serve until their replacement has been selected.

ARTICLE THREE
EXTERIOR MAINTENANCE

In the event an Owner of any Lot shall fail to maintain the premises and the improvements
situated thereon in a neat and orderly manner, the Architectural Control Committee shall have the right,
through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and
exterior of the buildings and any other improvements erected thereon, all at the expense of the Owner.
After, first, having given the Owner of such Lot, at least fifteen (15) days, from time of written notice,
to correct the failure of maintenance.


ARTICLE FOUR
USE RESTRICTIONS

l. Type of Buildings Permitted
Lots shall be used for residential purposes only, and no building shall be erected, altered, placed,
or permitted to remain on any Lot other than one detached single family not to exceed two stories in
height and a private garage for not less than two automobiles with a side or rear entry. No garage will
be allowed to open to Leisurewoods Drive. All driveways as well as drainage pipe installation must be
approved in writing by the Architectural Control Committee.

2. Minimum Floor Area and Exterior Walls
Any single family dwelling construction on said Lots must have a ground floor area of not less
than 1,600 square feet, exclusive of open or screened porches, terraces, patios, drive-ways, carports,
and garages, unless adjusted or waived by the unanimous consent of the Architectural Control
Committee. The exterior walls of any residence shall consist of not less than 75% masonry construction
unless adjusted or waived by the unanimous consent of the Architectural Control Committee.

3. Setbacks
No building shall be located nearer to any street right-of-way line than the minimum building
set back line shown an the recorded plat of Hays County, Texas. Both side yards at the front building
set back line shall be [not] less than 15 feet unless adjusted or waived by the unanimous consent of the
Architectural Control Committee. For the purpose of this covenant, eaves, steps and open porches shall
not be considered as a part of the building; provided, however, that this shall not be construed to permit
any portion of the building on any lot to encroach upon another lot.

4. Noxious or Offensive Activities Prohibited
No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the neighborhood and no poultry.
cattle, horses, or other animals may be kept or maintained on any Lot except ordinary household pets
which shall be limited in number to three (3). No trade or commercial activity may be carried on any
Lot except that the Developer may maintain an office thereon during the development.

5. Prohibited Residential Uses
No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn,
or other outbuilding shall be erected or used on any Lots at any time as a residence, either temporarily
or permanently. No used building materials may be sued in the construction of buildings on any of the
Lots and no existing structure may be moved onto any of the Lots without the written consent of the
Architectural Control Committee. No non-operated cars, trucks, or other vehicles shall be kept on the
Lots unless parked inside a garage or carport. As used herein non-operative means unable to be operated
in the manner in which it was originally designed for thirty (30) consecutive days regardless of cause,
or any such vehicle not currently licensed. Recreational vehicles, trailers or boats shall be kept inside
the garage or carport or kept behind a privacy fence designed for such purpose.

6. Signs
No signs of any character shall be allowed on any Lot except one sign of not more than five
square feet advertising the property for sale or rent; provided, however, that Declarants and any other
person or entity engaged in the construction and sale of residences within the subdivision shall have the
right, during the construction and sales period, to construct and maintain such facilities as may be
reasonably necessary or convenient for such construction and sale, including but not limited to, signs,
offices, storage areas, and model units.

7. Oil Development Prohibited
No oil well drilling, oil development operations, oil refining, quarrying, or mining operations
of any kind shall be permitted on a Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts
be permitted on any Lot. No derrick or other structure designed for use in boring for oil, natural gas, or
other minerals shall be erected, maintained, or permitted on any Lot.

8. Rubbish, Trash and Garbage
No Lot shall be used or maintained as a dumping ground and no garbage or other waste shall
be kept except in sanitary containers. All incinerators or other equipment for the storage and disposal
of such materials shall be kept in a clean and sanitary condition.

9. Sanitary Regulations
All sanitary regulations set forth by the Public Health Authorities of Hays County, Texas, or
other pertinent governmental authorities, must be complied with and no outside toilets may be erected
on the premises. A septic tank and a sufficient drainage system must be installed to accommodate the
sewerage. No Lot may be occupied until water satisfactory for human consumption is available and
each septic tank must meet the capacity and design requirements of the appropriate governmental body.

10. Fences, Walls, Hedges and Utility Meters
No fence, wall, hedge, or utility meter shall be placed, or permitted to remain, on any Lot nearer
to the street or streets adjoining such Lot than is permitted for the main residence on such Lot, except
for decorative subdivision entry fences. No barbed wire, or "chain link" fence shall be permitted along
any Lot within the subdivision.

11. Shrubs and Trees
No shrub or tree planting which obstructs sight lines at elevations between two and six feet
above the roadway shall be planted or permitted to remain on any corner Lot within the triangular area
formed by the curblines or right of way lines at points twenty five feet from their intersection, or, in the
case of a rounded corner, from the intersection of the curblines or right of way lines as extended. The
same sight line limitation shall apply on any Lot within ten feed of the intersection of a street curbline
and the edge of a driveway or alley. No trees shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at a height of more than six feet above ground level.

12. Adjustment, Waiver, or Variances
Any adjustment or waiver of these covenants, conditions and restrictions by the Architectural
Control Committee is for the purpose of alleviating any hardships and assisting in the orderly
development of the subdivision. Variances may be granted by the Architectural Control Committee for
such purposes but all such variances must be granted in writing and signed by all members of the
Committee.

ARTICLE FIVE
EASEMENTS

Easements of ten feet along the side and rear lines of all Lots are hereby reserved for the
installation and maintenance of utilities and drainage facilities unless otherwise shown on recorded plats
or otherwise designated by the Architectural Control Committee by written acknowledged instrument
of record in the Deed Records of Hays County, Texas. Furthermore, drainage easements are reserved
as shown on the recorded plat of this subdivision. No utility company, water district, political
subdivision, private water or utility company or other authorized entity using the easement herein
referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants,
to shrubbery, trees, or flowers, or to other property of the Owner situated within any such easement.
Right of use for ingress and egress shall be had at all times over any such easement together with the
right to remove any obstruction that may be placed in such easement which would constitute
interference with the use, maintenance, operation or installation of such utility.

ARTICLE SIX
GENERAL PROVISIONS

1. Enforcement
The Declarants, or any Owner, shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, and reservations now or hereafter imposed by the provisions of this
Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed
a waiver of the right to do so thereafter.

2. Severability
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no
way affect any other provision, and all other provisions shall remain in full force and effect.