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Reservations,
Restrictions and Covenants In Nassau Bay
Section
V
At
a meeting of the Board of Directors of MEMORIAL VILLAGE
BUILDERS, INC., a Texas Corporation,
herein sometimes called “Memorial ” held in the
office of the corporation in Houston, Texas, on the 20th day
of October, 1964, all of the directors being present, the following
resolutions were adopted by unanimous vote:
WHEREAS, MEMORIAL
VILLAGE BUILDERS, INC., is the
owner of all the lots and property in NASSAU BAY; Section V,
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 10th day of December, 1964,
under Clerk’s File No. 00453-C and,
WHEREAS,
it is the desire of MEMORIAL VILLAGE BUILDERS, INC.,
to place restrictions, covenants, conditions, stipulations
and reservations upon and against such property comprising
said Nassau Bay, Section V;
NOW,
THEREFORE, BE IT RESOLVED, That MEMORIAL VILLAGE BUILDERS,
INC., acting herein by and through
its duly authorized officers; as owner of all lots in Nassau
Bay, Section V, does hereby impose the restrictions and covenants
hereinafter set out and the same shall be applicable to Nassau
Bay, Section V, 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 10th day of December, 1964,
under Clerk’s File No. 00453-C. 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 MEMORIAL VILLAGE BUILDERS,
INC., 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 MEMORIAL VILLAGE BUILDERS,
INC., 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 MEMORIAL VILLAGE
BUILDERS, INC., 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 MEMORIAL VILLAGE
BUILDERS, INC., subject to the
limited dedications herein expressed.
(2) MEMORIAL
VILLAGE BUILDERS, INC. reserves
the necessary easements and right-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 MEMORIAL VILLAGE BUILDERS, INC.
sees fit to install in, across and/or under said lots, blocks,
and homesite tracts in said Section V of Nassau Bay as shown
on aforesaid map recorded in Harris County Map Records, to which
map and the record thereof reference is here made for the purposes.
(3) Subject
to sub-paragraph numbers 1 and 2 above, MEMORIAL VILLAGE
BUILDERS, INC. 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 streets, alleys
and easements for private or for public utility purposes is
reserved to MEMORIAL VILLAGE BUILDERS, INC.
(4) MEMORIAL
VILLAGE BUILDERS, INC. 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
MEMORIAL VILLAGE BUILDERS, INC. 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 MEMORIAL VILLAGE BUILDERS, INC. 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 on any utility or appurtenances thereto constructed
by or under MEMORIAL VILLAGE BUILDERS, INC.
or its agents 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 MEMORIAL
VILLAGE BUILDERS, INC.
RESTRICTIONS
For
the purpose of creating and carrying out a uniform plan for
the improvement and sale of Nassau Bay, Section V, an addition
in Harris County, Texas, according to plat thereof filed in
the office of the County Clerk, Harris County, Texas on MEMORIAL
VILLAGE BUILDERS, INC., on December
10th, 1964, under Clerk’s file No.00453-C; being the
owners of all property located in said Nassau Bay Section V,
desires to restrict the use and the development of the property
located in Nassau Bay, Section V in order to insure that it
will be a high class restricted district:
NOW,
THEREFORE, MEMORIAL VILLAGE BUILDERS, INC.,
being the owner of property known as Nassau Bay, Section V,
an addition to Harris County, Texas, according to plat thereof
filed in the office of the County Clerk, Harris County, Texas,
on 10th day of December, 1964, under Clerk’s
File No. 00453-C, does hereby impose the following restrictions
on said property which shall inure to the benefit of MEMORIAL
VILLAGE BUILDERS, INC., 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 1, 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
V, 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 MEMORIAL
VILLAGE BUILDERS, INC. on either
January 1, 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 1, 1999, or at any time
prior to five (5) years preceeding the
expiration of any successive ten-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 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 that 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 or character
shall be placed or stored upon the property until the owner
is ready to commence improvements, and then such materials
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 MEMORIAL
VILLAGE BUILDERS, INC.,
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 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 feet (6’) from
the ground. No
wire or woven 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 MEMORIAL VILLAGE
BUILDERS, INC., 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, busses, trucks, 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 setback
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 MEMORIAL VILLAGE
BUILDERS, INC.
(17) MEMORIAL
VILLAGE BUILDERS, INC. 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 restrictions 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
MEMORIAL VILLAGE BUILDERS, INC., 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 25 feet
to the front property line, or nearer than 10 feet to any side
street property line.
No
building shall be located nearer than 7 feet to any interior
property line, except that a garage or other permitted accessory
building located 75 feet or more from the front property line
may be a minimum distance of 3 feet from an interior property
line. No building may be closer than 8 feet to the rear property
line and no building, even a temporary nature, may be placed
in a utility easement.
(20) No
house shall be constructed in the addition which has less than
51% 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 or 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.
MEMORIAL
VILLAGE BUILDERS, INC., 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 thirty
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 contained in these restrictions shall be deemed to
have 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 25% more, or a total of
2,500 square feet for both stories. No
residence may exceed two 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. A house
on Lot 25, Block 9 or Lot 22, Block 17 may face either way.
FACING
OF GARAGES
No
garage located closer than 75 feet to the front property line
shall face and open at less than a 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 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 line:
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Lot
25, Block 9
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75
feet from either street
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Lots
35, 36, Block 10
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50
feet from San Sebastian Lane
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Lot
15, Block 14
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60
feet from Point Lookout Road
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Lot
16, Block 14
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75
feet from Point Lookout Road
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Lot
11, Block 15
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50
feet from Antigua Lane
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Lot
11, Block 17
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60
feet from Antigua Lane
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Lot
12, Block 17
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55
feet from Antigua Lane
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Lot
22, Block 17
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75
feet from either street
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Lot
9, Block 19
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50
feet from Point Lookout Road
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Lot
10, Block 19
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75
feet from Point Lookout Road
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Lot
18-A, Block 21
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65
feet from Point Lookout Road
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No
change, break or alteration can be made in the bulkheading
on lots adjoining Lake Nassau, or can any work or construction
of any nature be done in those lots subject without the approval
of the Architectural Committee.
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 feet (9’)
with expansion joints not more than twenty feet (20’)
apart, with one joint at back of street curb. Width
of driveway shall flair to a minimum of twenty feet (20’)
and the curb shall be broken in such a manner that the driveway
may be at least four inches (4”) 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 minimum width
of four feet (4’).
MAINTENANCE
FUND
(1) Each
residential lot in NASSAU BAY, Section V 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 vendors lien for the
use and benefit of NASSAU BAY HOMES ASSOCIATION, INC. and it
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 6% 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 V 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 judgement, 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 buoy 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 but 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,
Wm. D. Cleveland, as Vice President of MEMORIAL VILLAGE
BUILDERS, INC., and S. M. Gillett,
as Secretary, do hereby certify that the above and foregoing
is a true and correct copy of a resolution of the Board of
Directors of MEMORIAL VILLAGE BUILDERS, INC.
passed and adopted at a meeting of said Directors of MEMORIAL
VILLAGE BUILDERS, INC. held
in Houston, Texas.
WITNESS
our hands at Houston, Texas on this the 20th day
of October, 1964.
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ATTEST:
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MEMORIAL
VILLAGE BUILDERS, INC.
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By
______________________________________
Secretary
By
______________________________________
President
SUBSCRIBED
AND SWORN to before me this the 20th day of October,
1964.
THE
STATE OF TEXAS
COUNTY
OF HARRIS
BEFORE
ME, the undersigned authority on this day personally appeared
Wm. D. Cleveland, as President of MEMORIAL VILLAGE BUILDERS,
INC., and S. M. Gillett as Secretary of said Corporation, known
to me to be the persons and officers whose names are subscribed
to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein
expressed, and as the act and deed of said Corporation, and
in the capacities therein stated.
GIVEN
UNDER MY HAND AND SEAL OF OFFICE, this the 20th day
of October, 1964.
_____________________________________________
Notary
Public in and for Harris County, Texas
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Nassau
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