Deed Restrictions - Section VII |
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Click on a Section below to view the deed restrictions for your property. If you do not know your section number you can find it by going to the Harris County Appraisal District site. |
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Reservations,
Restrictions and Covenants In Nassau Bay Revision 2/22/00 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 September, 1965, 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 VII, 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.
C 162741, 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 VII. 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
VII, does hereby impose the restrictions and covenants hereinafter set
out and the same shall be applicable to Nassau Bay, Section VII, 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 162741.
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 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 on behalf of MEMORIAL
VILLIAGE 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 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.
sees fit to install in, across and/or under said lots, blocks, and homesite
tracts in said Section VII 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 VII, 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 September 20, 1965, under Clerk’s File No. C 162741; being the owners
of all property located in said Nassau Bay Section VII, desires to restrict
the use and the development of the property located in Nassau Bay, Section
VII 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 VII, an addition
in Harris County, Texas, according to plat thereof filed in the office
of the County Clerk, Harris County, Texas, on 20th day of
September, 1965, under Clerk’s File No. C 162741, 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, 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 VII 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, 2005, 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, 2000, 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 set-back line. (15)
No privy, cesspool, septic tank, or disposal plant shall be erected
or maintained on any part of this property. (16) No excavation, except such as is necessary for the construction of improvements, shall be permitted, nor shall any well or hole of any kind be dug on this property without the written consent of 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 been fully complied with. Neither the members of such Committee nor any designated representative
shall be entitled to any compensation for services performed pursuant
to these restrictions. The
powers and duties of the Committee as from time to time constituted,
shall continue in force during the effective period of the restrictions
hereby created. LIVING
AREAS The
living area of the main house or residential structure constructed as
a one-story residence on any homesite, exclusive of porches and garages,
shall be not less than 2,000 square feet; in the case of any residence
of more than one story, the requirements as to living area shall be
at least 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. 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:
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. BULKHEADING No
change, break or alteration can be made in the bulkheading on adjoining
Boat Channels, Nassau Bay, or Swan Lagoon, or any work or construction
of any nature be done on those such lots without the approval of the
Architectural Committee. PIERS No
piers, docks or other structures shall be erected in channels; however,
boat bumpers approved by MEMORIAL VILLAGE
BUILDERS, 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 MEMORIAL
VILLAGE BUILDERS, 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 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 VII 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 VII 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 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. Kainer, 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 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 September,
1965.
By ______________________________________ Secretary By ______________________________________ President SUBSCRIBED
AND SWORN to before me this the 20th day of September, 1965. 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 Hubert J. Kainer 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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