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Reservations,
Restrictions and Covenants In Nassau Bay
Section
III
At
a meeting of the Board of Directors of TANGLEBRIAR SECURITY
CORP., a Texas Corporation,
herein sometimes called “TANGLEBRIAR,” held in
the office of the corporation in Houston, Texas, on the 27th
day of January, 1964, all of the directors being present, the
following resolutions were adopted by unanimous vote:
WHEREAS, TANGLEBRIAR
SECURITY CORP.
is the owner of all the lots and property in NASSAU BAY; Section
Three, an addition in Harris County, Texas, according to the
plat thereof, filed for record in the office of the County Clerk
of Harris County, Texas, on the 30th day of January,
1964, under Clerk’s File No. B829231; and
WHEREAS,
it is the desire of TANGLEBRIAR SECURITY CORP. to place restrictions, covenants, conditions, stipulations and reservations
upon and against such property comprising said NASSAU BAY Section
III;
NOW,
THEREFORE, BE IT RESOLVED: That TANGLEBRIAR SECURITY
CORP. acting herein by and through
its duly authorized officers as owner of all lots in NASSAU
BAY, Section III, do hereby
impose the restrictions and covenants hereinafter set out and
the same shall be applicable to NASSAU BAY,
Section III; an addition in Harris County, Texas, the plat
of which was filed in the office of the County Clerk in Harris
County, Texas, on the 30th day of January, 1964,
under Clerk’s File No. B829231. Said
map has been duly authenticated with proper certificates showing
dedication of the streets, drives and easements to the use
of the present and future residents and to the public, subject
to the restrictions and covenants herein contained, to the
same extent as though copied at length in said dedication certificate
and said map is subject to only minor changes as, in the judgment
of TANGLEBRIAR SECURITY
CORP. are necessitated by the
efficient installation of improvements.
RESERVATIONS
That
the plat filed for record on even date herewith dedicates for
public use as such and subject to the limitations set forth
in the dedication appearing on said plat the streets, alleys,
parks and easements shown thereon and there were reserved and
are hereby expressly reserved in TANGLEBRIAR SECURITY
CORP., the following rights,
titles and easements, which reservations are expressly made
a part of, and shall be construed as being adopted in, each
and every contract, deed or conveyance executed or to be executed
by or on behalf of TANGLEBRIAR CORP., conveying
said property or any part thereof.
(1) The
legal and fee simple title in and to each and all of the several
streets and drives and easements as shown on said map or plat
is hereby reserved in TANGLEBRIAR,
subject only to
the limited dedications herein expressed.
(2) TANGLEBRIAR reserves
the necessary easements and rights of way for the purpose of
constructing, maintaining and repairing a system or systems
of light, electric power, telegraph, and telephone line or
lines, gas sewers, or any other utility TANGLEBRIAR sees fit
to install in across and/or under said lots, blocks, and homesite
tracts in said Section III of NASSAU BAY as shown on aforesaid
map recorded in the Harris County Map Records, to which map
and the record thereof reference is here made for all purposes.
(3) Subject
to sub-paragraphs (1) and (2) above, TANGLEBRIAR dedicates to the public use, as such, all of the streets, alleys, parks
and easements shown on the above plat forever except that the
use of streets, alleys, and easements by any utility company
or companies for the construction, installation, maintenance,
operation, repair and/or removal of utility pipe, lines, and
cables is limited to those public utility company or companies
having the right of eminent domain for such utility purposes,
and to their use for only those purposes for which such right
of eminent domain exist as to said streets, alleys and easements;
all other right , title, interest and use of such street, alleys
and easements for private or public utility purposes is reserved
to TANGLEBRIAR.
(4) TANGLEBRIAR reserves
the right to make minor changes in and additions to the above
easements for the purpose of most efficiently and economically
installing the improvements.
(5) Neither TANGLEBRIAR nor
any utility company using the easements herein referred to, shall be liable for
any damages done by them or their assigns, their agents, employees
or servants, to shrubbery, trees or flowers or other property
of the owner situated on the land covered by said easements.
(6) It
is expressly agreed and understood that the title conveyed
by TANGLEBRIAR to any
lot or parcel of land in said addition by contract, deed or
other conveyance shall not in any event be held or construed
to include the title to the water, gas, sewer, storm sewer,
electric light, electric power, telegraph or telephone lines,
poles or conduits or any utility or appurtenances thereto constructed
by or under TANGLEBRIAR or
its agents or assigns through, along or upon said premises
or any part thereof to serve said property or any other portions
of the addition, and the right to maintain, repair, sell or
lease such lines, utilities and appurtenances to any municipality,
or other governmental agency or to any public service corporation
or to any other party is hereby expressly reserved in TANGLEBRIAR.
RESTRICTIONS
For
the purpose of creating and carrying out a uniform plan for
the improvement and sale of NASSAU BAY, Section III, an addition
in Harris County, Texas, according to plat thereof filed in
the office of the County Clerk, Harris County, Texas on January
30, 1964, under Clerk’s File No. B829231; TANGLEBRIAR
SECURITY CORP., being the sole
owners of all property located in said NASSAU BAY, Section
III, desires to restrict the use and the development of the
property located in NASSAU BAY, Section III in order to insure
that it will be a high class restricted district:
NOW,
THEREFORE, TANGLEBRIAR SECURITY CORP.,
being the sole owner of property known as NASSAU BAY, Section
III, an addition in Harris County, Texas, according to plat
thereof filed in the office of the County Clerk, Harris County,
Texas, on January 30, 1964, under Clerk’s File No. B829231,
does hereby impose the following restrictions on said property
which shall inure to the benefit of TANGLEBRIAR SECURITY
CORP., its successors and assigns,
and any one of said beneficiaries shall have the right to enforce
such restrictions using whatever legal method is deemed advisable;
and if any one of such restrictions shall be held to be invalid,
or for any reason is not enforced, none of the others shall
be affected or impaired thereby, but shall remain in full force
and effect.
GENERAL
RESTRICTIONS
(1) These
restrictions shall be effective until January 30, 2004, and
shall automatically be extended thereafter for successive periods
of ten (10) years; provided, however, that the owners of a
majority of the square foot area of lots in NASSAU BAY, Section
III, may release all of the lots hereby restricted from any
one or more of said restrictions, or may release any lot from
any restriction imposed hereby or created by deed from NASSAU
BAY on either January 30, 2004,
or at the end of any successive ten-year period thereafter,
by executing and acknowledging an appropriate agreement or
agreements in writing for such purpose, and filing the same
for record in the office of the County Clerk of Harris County,
Texas, at any time prior to January 30, 1999, or at any time
prior to five (5) years preceding the
expiration of any successive ten (10) year period thereafter.
(2) This
property shall be used for single family residence purpose
only.
(3) Only
one residence shall be constructed on each lot; however, this
shall not prohibit the construction of a residence on a portion
of two or more lots as shown by said map, provided such tract
constitutes a homesite as defined in the succeeding paragraph.
(4) Parts
of two or more adjoining lots facing the same street in the
same block may be designed as one homesite, provided the lot
frontage shall not be less than the minimum frontage of lots
in the same block facing the same street and the minimum square
footage of the lot shall not be less than 8,000 square feet.
(5) No
structure of any kind shall be moved on to any lot, except
as provided in Section (11) hereof.
(6) The
term “residence purposes” as used herein shall
be held and construed to exclude hospitals, duplex houses and
apartment houses, and to exclude commercial and professional
uses; and to exclude any development operations or drilling
for oil, gas, or other minerals or any refining or quarrying
or mining, or placing or maintaining on the premises of any
tanks, wells, shafts, mineral excavations, derricks or structures
of any kind incident to any such oil, gas or other mineral
operations; and any such usage of this property is hereby expressly
prohibited.
(7) The
word “house” or “residence” as used
herein with reference to building lines shall include galleries,
porches, porte cocheres, projections and every other permanent
part of the improvements, except roofs; however, steps, terraces,
planters, etc., outside of building lines will be permitted,
provided that these elements may not extend higher than one
foot (1’) above finished grade line at the house.
(8) No
garage or outbuilding on this property shall be used as a residence
or living quarters, except by servants engaged on the premises.
(9) No
trash, garbage, ashes, refuse or other waste shall be thrown
or dumped on any vacant lot in the addition.
(10) No
animals, livestock or poultry, of any kind, shall be raised,
bred, kept, staked or pastured on any lot, except dogs, cats
or other household pets may be kept, provided they are not
kept, bred or maintained for any commercial purpose.
(11) No
building materials or temporary building of any kind of character
shall be placed or stored upon the property until the owner
is ready to commence improvements, and then such material or
temporary building shall be placed within the property lines
of the lot or parcel of land upon which the improvements are
to be erected, and shall not be placed in the streets or between
the curb and property line; and any such temporary building
or structure of any
kind shall not be used for other than construction purposes;
and, expressly, but not by way of limitation, shall not be
used for residential or sales office purposes, either during
construction, or thereafter, and shall be removed immediately
upon completion of construction.
(12) Grass
and weeds shall be kept mowed to prevent unsightly appearances. Dead,
diseased, or damaged trees which might create a hazard to property
or persons on any lot or adjacent lot, shall be promptly removed
or repaired, and if not removed by owners, then TANGLEBRIAR
SECURITY CORP. or NASSAU
BAY HOMES ASSOCIATION,
INC. may remove such trees and
shall not be liable for damage done in such removal. Vacant
lots shall not be used as dumping ground for rubbish, trash,
rubble, or extra soil, except in areas which may be set aside
by TANGLEBRIAR SECURITY CORP.
for filling operation. Trash
shall not be burned except in closed top incinerators, because
of the danger of damage to trees and to buildings.
(13) No
fence, wall or hedge shall be placed on any lot in the addition
nearer to any front street than is permitted for the house
on said lot, and no fence, wall or hedge shall be placed on
any portion of the sites higher than six (6) feet from the
ground. No wire
or woven wire fence is permitted on any part of any lot. Should
a hedge, shrub, tree, flower or other planting be so placed,
or afterwards grow, so as to encroach upon adjoining property,
such encroachment shall be removed upon request of the owner
of the adjoining property. Should
any encroachment be upon a right-of- way or easement, it shall
be removed promptly upon request of TANGLEBRIAR SECURITY CORP., and such encroachment is wholly at the risk of the owner.
Fences,
walls, and hedges are permitted along, but inside, the property
lines adjoining side streets, but not closer to the front street
than the front set-back line for the house or residence.
(14) No
sign of any kind shall be displayed to the public view on any
residential lot, except one sign of not more than five (5)
square feet area, advertising the property for sale.
No
boats, trucks, buses, trailers, housetrailers, or junk of any
kind or character, or any accessories, parts or objects to
be used therewith, shall be kept on any lot nearer to the front
street than the rear line of the house or residence or nearer
to a side street than the side street building set-back line.
(15) No
privy, cesspool, septic tank, or disposal plant shall be erected
or maintained on any part of this property.
(16) No
excavation, except such as is necessary for the construction
of improvements, shall be permitted, nor shall any well or
hole of any kind be dug on this property without the written
consent of TANGLEBRIAR
SECURITY CORP.
(17) TANGLEBRIAR
SECURITY CORP. may make other
restrictions applicable to each lot by appropriate provision
in the contract of deed, without otherwise modifying the general
plan herein outlined, and such other restriction shall inure
to the benefit of and bind the respective parties in the same
manner as though they had been expressed herein.
(18) Violations
of any restrictions, condition or covenant herein shall give TANGLEBRIAR
SECURITY CORP. the right to
enter upon the property where such violation exists and summarily
abate or remove the same at the expense of the owner, and such
entry and abatement or removal shall not be deemed a trespass.
(19) No
building shall be erected on any lot nearer to the front property
line or nearer to the side street property line than the building
line shown on the recorded plat. In
any event, no building shall be located nearer than twenty-five
(25) feet to the front property line (except twenty (20) feet
at the cul-de-sal lots in Block 1), or nearer than ten (10)
feet to any side street property line.
No
building shall be located nearer than ten (10) feet to any
interior property line on Lots 35-46 inclusive in Block 1,
or nearer than (7) feet to any interior property line on Lots
23-31 inclusive in Block 1, Lot 10 in Block 6, Lot 29 in Block
14, Lot 1, 2, 23, 24 and 25 in Block 15, Lots 1-11 inclusive,
20 and 21in Block 16, Lots 1-17 inclusive in Block 20, except
that a garage or other permitted accessory building located
seventy-five (75) feet or more from the front property line
may be a minimum distance of three (3) feet from an interior
property line. No
building other than garage may be closer than eight (8) feet
to the rear property line and no building, even of a temporary
nature, may be placed in a utility easement.
(20) No
house shall be constructed in the addition which has less than
fifty-one (51%) per cent masonry exterior walls in the main
structure with frame construction being permitted on detached
garages. If garage
is integral part of structure, it is considered part of main
structure.
(21) No
type of radio aerial or television antenna shall be erected
on the outside of any residence or above the roof of said residential
structure.
(22) No
building or other improvements shall be erected, placed or
altered on any lot until the construction plans and specifications
and plat showing the location of structure of improvements
have been approved by the Architectural Control Committee as
to the quality of workmanship and materials; harmony of external
design with existing structures; and location with respect
to topography and finished grade elevation, and compliance
with general restrictions.
TANGLEBRIAR
SECURITY CORP., acting by and
through its duly authorized officers is hereby designated as
the Architectural Committee, which Committee and its successors,
are hereby vested with the full right and authority to act as
such under the provisions of these restrictions. The
Committee shall have the right to designate a representative
or representatives to act for it in all matters arising hereunder. In
the event a designated committee or its successors fail or refuse
to act hereunder, then NASSAU BAY HOMES ASSOCIATION, INC., shall
be entitled to so act in place thereof. The Committee’s approval or disapproval as required
in these covenants shall be in writing. In
the event said Committee or its designated representative fails
to approve or disapprove any design or location within (30) days
after plans and specifications have been submitted to it, or
in any event, if no suit to enjoin the erection of such building
or the making of such alterations has been commenced prior to
completion thereof, such approval will not be required and the
covenants in these restrictions shall be deemed to have been
fully complied with. Neither
the members of such Committee nor any designated representative
shall be entitled to any compensation for services performed
pursuant to these restrictions. The
powers and duties of the Committee as from time to time constituted,
shall continue in force during the effective period of the restrictions
hereby created.
LIVING
AREAS
The
living area of the main house or residential structure constructed
as a one-story residence on any homesite, exclusive of porches
and garages, shall be not less than 2,000 square feet; in the
case of any residence of more than one story, the requirements
as to living area shall be at least twenty-five (25%) more,
or a total of 2,500 square feet for both stories. No
residence may exceed two (2) stories in height.
FACING
OF RESIDENCES
Houses
or residences on corner lots shall face the street from which
the greater building line set-back is shown on the recorded
plat.
FACING
OF GARAGES
No
garage located closer than seventy-five (75) feet to the front
property line shall face and open at less than a ninety (90)
degree angle to the front property line.
Garages
on corner lots may optionally open directly towards, and have
driveway entrances from, the side streets, except that no garage
shall face and open at less than a ninety (90) degree angle
to the side street unless the garages on the following lots
are at least the following distances from the side street property
lines:
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Lot
34, Block 1
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75
feet from Barbuda Lane
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Lot
1, Block 16
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50
feet from Davon Lane
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Lot
9, Block 20
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75
feet from Point Lookout Drive
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Lot
10, Block 20
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60
feet from Point Lookout Drive
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BULKHEADING
No
change, break or alteration can be made in the bulkheading
on lots adjoining Carlton Lagoon, or can any work or construction
of any nature be done in those lots subject to the Harris County
Flood Control Easement without approval of the Architectural
Committee and the Harris County Flood Control District.
PROVISION
FOR YARD LIGHTING
Each
house, when completed, shall include a gas outlet and line
to the front of the house for the purpose of installing a gas
light in the front yard thereof; such house tap and line to
be installed by the builder at a point designated by the Architectural
Committee. The
gas light shall be kept burning during all hours of darkness
by the builder or any subsequent owner or resident. In
lieu of a gas light, an electric light of similar light output,
quality and design may be installed.
DRIVEWAYS
Driveways
shall be constructed with a minimum width of nine (9) feet
with expansion joints not more than twenty (20) feet apart,
with one joint at back of street curb. Width
of driveway shall flair to a minimum of twenty (20) feet and
the curb shall be broken in such a manner that the driveway
may be at least four (4) inches thick at its end towards the
street paving, and this extreme end shall be poured against
a horizontal form board to reduce the unsightly appearance
of a ravelling driveway.
WALKS
Walks
from the street curb to the residence shall have a minimum
width of four feet (4’) feet.
MAINTENANCE
FUND
(1) Each
residential lot in NASSAU BAY, Section III shall be subject
to an annual maintenance charge of not more than ten (10) mills
per square foot of lot area. Lots which have odd shapes causing excessive square footage
for the construction of residence shall have equalized maintenance
charge based on the surrounding lots. This
adjustment will be entirely at the discretion of NASSAU BAY
HOMES ASSOCIATION, INC.
(2) This
maintenance charge shall be secured by Vendor’s Lien
for the use and benefit of NASSAU BAY HOMES ASSOCIATION INC.,
and is to be paid to it annually, in advance, on January 1st of
each year after the date of sale of each lot. The
maintenance charge for the current year of the sale of each
lot will start on the date of such sale, and the prorated portion
for the remainder of that year will be due and payable on such
date of sale. Interest
at the rate of six (6%) per cent per annum may be charged on
any delinquent charges.
(3) Such
annual maintenance charge may be adjusted by NASSAU
BAY HOMES ASSOCIATION,
INC., from year to year, as
the needs of the property and the subdivision require, in their
judgement, and to meet the annual requirements; but in no event
shall the charge so set exceed the maximum of ten (10) mills
per square foot of lot area. NASSAU
BAY HOMES ASSOCIATION, INC., shall
use funds so collected from the lot owners in Section III of NASSAU BAY,
in conjunction with funds collected in any and all other sections
of NASSAU BAY, and adjoining
property which shall contribute to maintenance so far as they
may be sufficient, in their judgment, toward the payment of
maintenance of streets, sidewalks, paths, parks, parkways,
esplanades and vacant lots; furnishing of bus service, or the
subsidy for such public bus service as may be necessary; for
providing fire, police or watchman service; for the maintenance
of street lighting; fogging or insect control, for backdoor
garbage and rubbish pickup; maintain channels navigable; and
maintain bouy markers; for enforcement of these restrictions;
and doing any other thing necessary or desirable in the opinion
of NASSAU BAY HOMES ASSOCIATION,
INC. to maintain or improve
the property, or the subdivision, or that which is considered
of benefit to
owners or occupants of the subdivision. The
use of the maintenance charge money for any of these purposes
is permissive and not mandatory, and the decision of the NASSAU
BAY HOMES ASSOCIATION, INC. shall be final, so long as made
in good faith.
(4) These
annual maintenance charges shall continue for such period as
these restrictions are in effect, or until such time as the
maintenance fund charges may be changed in whole or in part
as in Paragraph Three (3).
(5) In
order to encourage the granting of first mortgage liens on
property within this subdivision, before NASSAU BAY
HOMES ASSOCIATION, INC.,
may proceed to enforce this prior lien, granted and reserved
under these restrictions, upon any property upon which there
is outstanding a valid first mortgage lien, it shall be necessary
that a sixty (60) day notice be sent to the nearest office
of such first mortgage lienholder by registered mail of such
intent, which notice may be a statement of the charges delinquent,
together with notation “Final Sixty Day Notification
to Proceed to Collect Maintenance Fund Lien.” Upon
request by any first lien mortgage holder, or proposed holder, NASSAU
BAY HOMES ASSOCIATION,
INC., shall furnish for the
mortgage holder’s file an executed form relating the
provisions of Paragraph Five (5) to the applicable individual
lot.
We,
THEO DORA HEYNE, as President of TANGLEBRIAR SECURITY
CORP., and A. WEATHERLY, as
its Secretary, do hereby certify that the above and foregoing
is a true and correct copy of a resolution of the Board of
Directors of TANGLEBRIAR SECURITY CORP.,
passed and adopted at a meeting of said Board of Directors
of TANGLEBRIAR SECURITY CORP. held in Houston, Texas.
WITNESS
our hands at Houston, Texas on this the 30th day
of January, 1964.
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ATTEST:
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TANGLEBRIAR
SECURITY CORP.
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A.
Weatherly
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By
THEO DORA HEYNE
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Secretary
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President
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SUBSCRIBED
AND SWORN to before me this the 30th day of January,
1964.
AMELIA
B. WESTERHOFF
Notary Public in and for Harris County, Texas
My Commission Expires June 1, 1965
THE
STATE OF TEXAS
COUNTY
OF HARRIS
BEFORE
ME, the undersigned, a notary public in and for said County
and State, on this day personally appeared THEO DORA HEYNE
President of TANGLEBRIAR SECURITY
CORP., known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act
of the said TANGLEBRIAR SECURITY CORP.,
a Texas Corporation, and that he executed the same as the act
of such Corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN
UNDER MY HAND AND SEAL OF OFFICE, this the 30th day
of January, A.D., 1964.
AMELIA
B. WESTERHOFF
Notary Public in and for Harris County, Texas
My Commission Expires June 1, 1965
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Updated:
August 17, 2004
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Nassau
Bay Homes Association
