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Reservations,
Restrictions and Covenants In Nassau Bay
Section
VI
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,
1966, 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
VI, 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 19th day of December, 1966, under Clerk’s File
No. 00453-C and,
Whereas,
it is the desire of Memorial Village Builders, Inc., and all other owners
of lots in Nassau Bay, Section VI, to place restrictions, covenants,
conditions, stipulations and reservations upon and against such property
comprising said Nassau Bay, Section VI;
Now,
Therefore, Be It Resolved, That Memorial Village Builders, Inc., acting
herein by and through its duly authorized officers; C. L. Whynot and
Ernest W. Roe as owner of all lots in Nassau Bay, Section VI, do hereby
impose the restrictions and covenants hereinafter set out and the same
shall be applicable to Nassau Bay, Section VI, 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 19th day of December,
1966, under Clerk’s File No. 004247. 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., and 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 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. and Tanglebriar Security
Corp., subject to the limited dedications herein expressed.
(2)
Memorial Village Builders, Inc. and Tanglebriar Security Corp.,
reserve 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 Memorial Village Builders, Inc. and/or Tanglebriar
Security Corporation sees fit to install in, across and/or under said
lots, blocks, and homesite tracts in said Section VI 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. and
Tanglebriar Security
Corporation 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. and Tanglebriar Security Corporation.
(4)
Memorial Village Builders, Inc. and Tanglebriar Security Corp.
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., Tanglebriar Security
Corp. 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. or Tanglebriar Security Corp., 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 Tanglebriar Security
Corp. 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. and Tanglebriar
Security Corp.
RESTRICTIONS
For
the purpose of creating and carrying out a uniform plan for the improvement
and sale of Nassau Bay, Section VI, an addition in Harris County, Texas,
according to plat thereof filed in the office of the County Clerk, Harris
County, Texas on December 17th, 1966,
under Clerk’s file No.00453-C. Memorial Village Builders Inc.,
and others hereinafter named, being the owners of all property located
in said Nassau Bay Section VI, desires to restrict the use and the development
of the property located in Nassau Bay, Section VI in order to insure
that it will be a high class restricted district:
Now,
Therefore, Memorial Village Builders, Inc., and others named above and
joining herein, being the owner of property known as Nassau Bay, Section
VI, an addition to Harris County, Texas, according to plat thereof filed
in the office of the County Clerk, Harris County, Texas, on 17th
day of December, 1966, 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, 2006,
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 VI, 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, 2006,
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,
2001, or at any time prior to five (5) years proceeding
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 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.
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., or Nassau Bay Homes Association,
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 1800 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 2,250 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.
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
11, Block 18
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60
feet from Boothbay Lane
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Lot
1, Block 33
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60
feet from Antigua Lane
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Lot
16, Block 33
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50
feet from Antigua Lane
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Lot
1, Block 34
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60
feet from Boothbay Lane
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Lot
5, Block 34
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60
feet from Antigua Lane
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Lot
9, Block 34
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60
feet from Davon Lane
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Lot
12, Block 34
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60
feet from Davon Lane
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Lot
19, Block 34
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50
feet from Martinique Drive
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Lot
24, Block 34
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50
feet from Martinique Drive
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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 gaslight shall be kept burning during all hours of darkness
by the builder or any subsequent owner or resident.
In lieu of a gaslight, 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 sixteen feet (16’) 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 VI 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 VI 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; owning and providing recreational
facilities including marina, swimming pool and club, 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 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,
Wm. D. Cleveland, as Vice President of Memorial Village Builders, Inc.,
and Hubert J. Karnes, 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 8th day of November,
1966.
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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, 1966.
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 24th day of October,
1966.
_____________________________________________
Notary
Public in and for Harris County, Texas
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Nassau
Bay Homes Association
