THIS IS A COPY. AN OFFICIAL COPY IS ON FILE WITH THE FOREST COVE PROPERTY OWNERS' ASSOCIATION, INC.

 

FOREST COVE COUNTRY CLUB ESTATES SECTION FOUR

 

THE STATE OF TEXAS COUNTY OF HARRIS

WHEREAS, FOREST COVE DEVELOPMENT COMPANY, previously the owner of a tract of land which has been subdivided and platted as FOREST COVE COUNTRY CLUB ESTATES. SECTION FOUR, according to the unrecorded plat of said subdivision as prepared by T. C. EDMINISTER, JR., Registered Engineer, Registration Number 9949, dated April, 1965, the boundary of said subdivision being more fully described by metes and bounds hereafter,

and WHEREAS it was deemed in the best interest of said corporation and of the persons who may purchase lands described in and covered by the above mentioned plat that there be established and maintained a uniform plan for the improvement and development of the lots covered thereby as a highly restricted and modern subdivision;

and WHEREAS FOREST COVE DEVELOPMENT COMPANY, as owner of all of said lots, acting by and through its officers duly authorized to do so by its Board of Directors, adopted certain covenants and restrictions, which are taken and deemed as covenants to run with the land and were binding on it and all persons claiming under it until May 1, 1988, at which time said covenants, conditions and restrictions were automatically renewed for successive periods of ten years each unless by duly recorded instrument signed by a majority of the property owners in said addition it is agreed to change said covenants, conditions and restrictions in whole or in part, and,

WHEREAS said covenants, conditions, and restrictions are duly recorded in Volume 6076, page 37 through page 42 of the Deed Records of Harris County, Texas, and have not been changed, and,

WHEREAS, said recorded restrictions, conditions and covenants provide in section (s) thereof that an annual maintenance fee of $20.00 per lot for a "MAINTENANCE FUNDS" shall be payable to the "FOREST COVE OWNERS COMMITTEE" by the owner of each lot annually in advance on January 1st of each year commencing from the date of contract of sale or conveyance of the building lot by FOREST COVE DEVELOPMENT COMPANY, but not sooner than January 1, 1967, said maintenance charge being secured by a vendors lien on said lots (secondary and subordinate to any valid first mortgage purchase lien or mechanics and materialman's lien); and that such maintenance charge shall bear interest until paid, at the rate of 6% per annum,

and WHEREAS such recorded restrictions further provide purposes for which such funds shall be applied, including (but not limited to) enforcement of all covenants and restrictions for the subdivision and doing any other thing necessary or desirable in the opinion of the Trustees of the FOREST COVE OWNERS COMMITTEE to keep the property in the subdivision neat and in good order, or which it considers to be of general benefit to the owners or occupants of the subdivision,

and WHEREAS the owners of lots in the subdivision are permitted under said section (s) to elect the Board of Directors of the FOREST COVE OWNERS COMMITTEE from the members or organize a non profit corporation to take over the duties and functions of the property owners committee and thereafter all benefits, liens and rights thereunder shall vest in said corporation;

WHEREAS the FOREST COVE OWNERS COMMITTEE ceased to exist in 1973 and all of its functions, purposes, and acts have been taken over by the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., a corporation organized under the TEXAS NON PROFIT CORPORATION ACT, which had previously existed and was organized for the same essential purposes in other sections of FOREST COVE, and

WHEREAS since the dissolution of the FOREST COVE OWNERS COMMITTEE in 1973, the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC. has collected the maintenance funds provided for in recorded deed restrictions of FOREST COVE COUNTRY CLUB ESTATES, SECTION FOUR, and the property owners of said addition have paid the maintenance fees provided for in said recorded restrictions to the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., have participated in the elections of Directors of the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., have continuously elected members of the Board of Directors of said non profit corporation from among the property owners of FOREST COVE COUNTRY CLUB ESTATES. SECTION FOUR, and have continuously enjoyed all of the benefits provided by the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., which it has also provided and still provides to property owners in all other sections of Forest Cove,

NOW, THEREFORE, the undersigned persons whose signatures are affixed to this instrument, being a majority of the property owners in FOREST COVE COUNTRY CLUB ESTATES. SECTION FOUR, do hereby CHANGE the covenants and restrictions dated April 30, 1965, and recorded in Volume 6076, page 37 through page 42 of the Deed Records of Harris County, Texas, to substitute the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., for the FOREST COVE OWNERS COMMITTEE in said restrictions in order to clarify, ratify, and update the scheme of collection, maintenance, and benefits currently existing in said addition, and to identify ourselves as members of the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC.

These covenants, restrictions, and conditions shall henceforth run with the land described by the metes and bounds as follows:

(The description is eliminated in the interest of economy)

WHEREAS, it is deemed in the best interest of all persons who have purchased or may purchase lands described in and covered by the above mentioned plat described by metes and bounds that there be established and maintained a uniform plan for the improvement and development of the lots covered thereby as a highly restricted and modern subdivision;

now, therefore all parties and persons claiming under FOREST COVE DEVELOPMENT COMPANY and all lot owners and parties or persons who have purchased and/or contracted to purchase lots or shall so purchase or contract to purchase such lots in FOREST COVE COUNTRY CLUB ESTATES.

SECTION FOUR, until May 1, 1998, are and shall be bound by these covenants, conditions, and restrictions running with the land, at which time said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten years each unless by duly recorded instrument signed by a majority of the property owners in said addition

it is agreed to change said covenants, conditions, and restrictions in whole or in part.

If FOREST COVE DEVELOPMENT COMPANY, or any of its successors or assigns shall violate or attempt to violate any of the covenants herein it shall be lawful for any person or persons owning any real property situated in the above referred to subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violations.

Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

(a) No lot shall be used except for residential purposes. The term "residential purposes" as used herein shall be held and construed to exclude hospitals, clinics, duplex houses, apartment houses, boarding houses, hotels, and to exclude commercial and professional uses on said residential lots, whether from homes, residences or otherwise, and all such uses of said property are hereby expressly prohibited. No building shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single family dwelling not to exceed three stories in height, a private garage for not more than

three (3) cars, and a stable for personal horses on those lots where horses are permitted under (j) below.

(b) No building or construction of any type shall be erected, placed or altered on any building plot in this subdivision until two (2) sets of the building plans, specifications, and plot plan showing the location of such buildings have been approved in writing as to the conformity and harmony of external design with existing structure in the subdivision, and as to location with respect to topography and finished ground elevation, by the Architectural Control Committee of the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., or by a representative named by a majority of the members of said committee. The duties and powers of such committee and its designated representative shall remain vested and In force until May 1, 1998, and shall be automatically extended for successive periods of 10 years each unless by duly recorded instrument signed by a majority of the property owners in said addition it is agreed to change said covenants, conditions and restrictions in whole or in part.

(c) No building shall be placed or maintained on any lot nearer to the street than the front or side street building set-back lines shown on the unrecorded plat. No residences shall be maintained nearer to an interior lot line than five (5) feet, except by special permission of the Architectural Control Committee.

(d) Only one residential structure may be placed on any residential lot.

(e) No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the tract shall be at any time used as a residence, temporary or permanent nor shall any structure of a temporary character be used as a residence.

(f) No residential structure shall be placed on a lot unless its living area has a minimum of 1,800 square feet of floor area exclusive of porches and garages.

(g) The exterior walls of all residences shall be at least fifty-one per cent brick, brick-veneer, concrete or other masonry type construction, or may be of such other materials as may be approved by the Architectural Control Committee.

(h) No fence, wall, hedge, nor any pergola or other detached structure higher than two (2) feet above the ground, shall be erected, grown or maintained on any part of any lot forward of the front building line of said lot. No massed planting which could interfere with the view of cross traffic shall be allowed on a corner lot.

(i) No noxious or offensive trade or activity shall be carried on upon any lot or shall anything be done thereon which may be or become an annoyance to the neighborhood.

(j) The raising or keeping of hogs, poultry, fowls, or of other livestock, on any part of the subdivision is strictly prohibited. Horses may be kept for personal use of the occupants on any lot which exceeds 30,000 square feet.

(k) No spirituous, vinous, or malt liquors, or medicated bitters, capable of producing intoxication, shall be sold or offered for sale, on any residential site in FOREST COVE COUNTRY CLUB ESTATES. SECTION FOUR. No premises or any part thereof shall be used for vicious, illegal, or immoral purposes, nor for any purpose in violation of the laws of the State of Texas, or of the United States, or of police, health, sanitary, building or fire code regulations or instructions relating to or affecting the use or occupancy or possession of any of said sites.

(1) No sign of any kind shall be displayed on any residential lot to the public view except one sign of not more than five square feet, advertising the property for sale or rent, or signs used by builders or FOREST COVE DEVELOPMENT COMPANY to advertise the property during the construction and sales period.

(m) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other wastes shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

(n) No boats or trailers may be parked in front of the front building line of any lot.

(o) Easements affecting all lots in this subdivision are reserved, as shown on the official unrecorded plat, for the installation and maintenance of utilities and drainage facilities, and in addition to the easements shown on said plat, there is hereby designated and dedicated for use of all public utilities, an unobstructed aerial easement five (5) feet wide from a plane twenty (20) feet above the ground, upward, located adjacent to said easements as shown on said plat.

(p) Title to any lot or portion thereof shall not include title to any utility lines in; under, or on, any easement or street.

(q) All concrete pipe under driveways must be at least 18 inches in diameter and may be of a greater dimension when required by the Architectural Control Committee.

(r) No water well shall be permitted.

(s) Each residential building plot shall be subject to an annual maintenance charge of $20.00 per lot, for the purpose of creating a fund to be known as "MAINTENANCE FUND,11 and to be paid by the owner of each building plot. This charge shall be payable to the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., annually in advance on January 1st of each year and shall commence from the date of the contract of sale or conveyance of the building plot by FOREST COVE DEVELOPMENT COMPANY, but not sooner than January 1, 1967. The maintenance charge shall be secured by a vendor's lien upon such lots, but said vendor's lien shall be secondary and subordinate to any valid first mortgage purchase lien or mechanic's and materialman's lien for the purchase or construction of a residence or other improvements on said lot. Any maintenance charge not paid when due shall bear interest from the date it became due until paid at the rate of 6% per annum.

The total fund accumulated from this charge, insofar as the same may be sufficient, shall be applied towards the payment of maintenance expenses for any or all of the following purposes: LIGHTING, IMPROVING AND MAINTAINING STREETS, PARKS, PARKWAYS, ESPLANADES; DREDGING OF CHANNELS AND WATERWAYS; CARING FOR VACANT LOTS; PAYMENT OF LEGAL OR OTHER EXPENSES INCURRED IN CONNECTION WITH THE COLLECTION, ENFORCEMENT AND ADMINISTRATION OF THE "MAINTENANCE FUND'1 AND THE ENFORCEMENT OF ALL COVENANTS AND RESTRICTIONS FOR THE SUBDIVISION; EMPLOYING POLICEMAN AND WATCHMEN; SUPPORTING A VOLUNTEER FIRE DEPARTMENT; AND DOING ANY OTHER THING NECESSARY OR DESIRABLE IN THE OPINION OF the Directors of FOREST COVE PROPERTY OWNERS ASSOCIATION, INC. to keep the property in the subdivision neat and in good order, or which it considers to be of general benefit to the owners or occupants of the subdivision. It is understood that the judgment of the Trustees of FOREST COVE PROPERTY OWNERS ASSOCIATION, INC. in the expenditure of said funds, shall be final and conclusive so long as such judgment is exercised in good faith.

All owners of lots in the subdivision designated as FOREST COVE

COUNTRY CLUB ESTATES. SECTION FOUR shall be members of the FOREST COVE

PROPERTY OWNERS ASSOCIATION, INC. Each lot owned in the subdivision

shall be entitled to one vote at any meeting of the members. THE FOREST

COVE PROPERTY OWNERS ASSOCIATION, INC. shall act through its Board of

Directors, who shall be owners of lots in the various sections of FOREST

COVE and/or FOREST COVE COUNTRY CLUB ESTATES.

(t) Nothing herein contained shall serve to restrict or reserve in any manner any land other than the land described in the unrecorded plat of FOREST COVE COUNTRY CLUB ESTATES, SECTION FOUR, as described above by metes and bounds.

(u) Any violation of any of the covenants, agreements, reservations, easements, and restrictions herein shall not have the effect of impairing or affecting the rights of any mortgagee, trustee or grantor, under any mortgage, or deed of trust, or to the assignee of any mortgagee, trustee, or guarantor, under any such mortgage or deed of trust, outstanding against the said property at the time that the easements, agreements, restrictions, reservations, or covenants may be violated.

Signed on the date or dates hereafter stated, by the persons whose names are hereafter signed.