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Reservations,
Restrictions and Covenants In Nassau Bay
Section
VIII
At
a meeting of the Board of Directors of NASSAU, INC.
a Texas Corporation, herein sometimes called “Nassau"
held in the office of the corporation in Houston, Texas, on the 20th
day of September, 1965, all of the directors being present, the following
resolutions were adopted by unanimous vote:
WHEREAS,
NASSAU, INC. is the owner of all the lots and property in NASSAU BAY, Section VIII,
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 20th day of September, 1965, under Clerk’s File No.
C162743 and,
WHEREAS,
it is the desire of NASSAU, INC.
to place restrictions, covenants, conditions, stipulations and reservations
upon and against such property comprising said Nassau Bay, Section VIII;
NOW,
THEREFORE, BE IT RESOLVED; That NASSAU, INC.,
acting herein by and through its duly authorized officers; as owner
of all lots in Nassau Bay, Section VIII, does hereby impose the restrictions
and covenants hereinafter set out and the same shall be applicable to
Nassau Bay, Section VIII, 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 20th day of September, 1965, under Clerk’s
File No. C 162743. 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 such minor changes
as, in the judgment of NASSAU, 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
NASSAU, INC., the following rights,
titles and easements, which reservations are expressly made 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 NASSAU,
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 NASSAU, INC.,
subject to the limited dedications herein expressed.
(2)
NASSAU, INC. 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
NASSAU, INC. sees fit to install
in, across and/or under said lots, blocks, and homesite tracts in said
section VIII 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, NASSAU,
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 exists as to said streets,
alleys and easements; all other right title interest and use of such
streets, alleys and easements for private or public utility purposes
is reserved to NASSAU, INC.
(4)
NASSAU, 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 NASSAU, 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 NASSAU, 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 NASSAU, 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 NASSAU,
INC.
RESTRICTIONS
For
the purpose of creating and carrying out a uniform plan for the improvement
and sale of Nassau Bay, Section VIII, an addition in Harris County,
Texas, according to plat thereof filed in the office of the County Clerk,
Harris County, Texas on NASSAU, INC., on September 20, 1965, under Clerk’s File No. C 162743, being the owners
of all property located in said Nassau Bay, Section VIII, desires to
restrict the use and the development of the property located in Nassau
Bay, Section VIII in order to insure
that it will be a high class restricted district:
NOW,
THEREFORE, NASSAU, INC., being
the owner of property known as Nassau Bay,
Section VIII, an addition in Harris County, Texas, according to plat
thereof filed in the office of the County Clerk, Harris County, Texas,
on September 20, 1965, under Clerk’s File No. C 162743, does hereby
impose the following restrictions on said property which shall inure
to the benefit of NASSAU, 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, 2005 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 VIII, 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 1, 2005, or at the end of any successive ten (10) 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, 2000, or at any time prior to
five (5) years preceeding the expiration of any successive ten (10) year period thereafter.
(2)
This property shall be used for single family residence purpose
only, except Lot 1, Block 32 may also be used as a business and/or Realty
Sales Office.
(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 (II) 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, 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 NASSAU,
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 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 NASSAU, INC.,
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 NASSAU,
INC.
(17)
NASSAU, 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 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 NASSAU, 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 of a temporary nature, may be placed in a
utility easement.
(20)
No house shall be constructed in the addition which has less
than 51 percent 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.
NASSAU,
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 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 percent 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.
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 lines:
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Lot
30, Block 24
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50
feet from Upper Bay Road.
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Lot
22, 23, Block 24
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50
feet from Martinique.
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Lot
10 and 13, Block 29
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50
feet from Upper Bay Road.
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Lot
1, Block 30
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55
feet from Prince William Lane.
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Lot
10, Block 30
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50
feet from Prince William Lane.
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Lot
11, Block 30
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75
feet from Prince William Lane.
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Lot
14, Block 30
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75
feet from Prince William Lane.
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Lot
5, Block 31
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60
feet from Upper Bay Road.
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Lot
6, Block 31
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60
feet from Upper Bay Road.
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Lot
13, Block 31
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70
feet from Upper Bay 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 without the approval of the Architectural Committee.
BULKHEADING
No
change, break or alteration can be made in the bulkheading on lots adjoining
boat channels, Nassau Bay or Swan Lagoon, or can any work or construction
of any nature be done on those such lots without approval of the Architectural
Committee.
PIERS
No
piers, docks or other structures shall be erected in channels, however,
boat bumpers approved by NASSAU, INC.
may be installed.
BOAT HOUSES
No
boat houses shall be erected unless same shall constitute an integral
part of the residence. This
restriction may be waived in certain instances where NASSAU,
INC. deems it necessary to allow the
property owner to build a boat house because channeling into the lot
might result in severe damage to the lot or adjacent properties.
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 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 toward 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 VIII 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 percent 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 VIII 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 light; fogging or insect
control, for backdoor garbage and rubbish pickup; owning and providing
recreational facilities including a 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,
JACK C. BALL, as Vice President of NASSAU, INC.,
and ANN BUEHLER, as the Secretary, do hereby certify that the above
and foregoing is a true and correct copy of a resolution of the Board
of Directors of NASSAU, INC.,
passed and adopted at a meeting of said Directors of NASSAU,
INC., held in Houston, Texas.
WITNESS
our hands at Houston, Texas on this the 20th day of September,
1965.
ATTEST:
_____________________________
Secretary
NASSAU,
INC.
BY
Vice
President
SUBSCRIBED
AND SWORN to before me this the 20th day of September, 1965.
_______________________________________________
Notary
Public in and for Harris County, Texas
THE
STATE OF TEXAS
COUNTY
OF HARRIS
BEFORE
ME, the undersigned authority on this day personally appeared JACK C.
BALL, as Vice President of NASSAU, INC.,
and ANN BUEHLER, 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 September,
1965.
_____________________________________________
Notary
Public in and for Harris County, Texas
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Nassau
Bay Homes Association
