Section 5





WHEREAS, FOREST COVE DEVELOPMENT COMPANY is the owner of a tract of land
which has been subdivided and platted as FOREST COVE, SECTION FIVE, according
to the unrecorded plat of said subdivision as prepared by

T. C. EDMINISTER, Registered Engineer, Registration Number 9949, dated
June 30, 1962, the boundary of said subdivision being more fully described
by metes and bounds as follows:

NOTE: Legal description deleted in the interest of economy.

WHEREAS, it is deemed to be 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;

of said lots, acting herein by and through its officers duly authorized
to do so by its Board of Directors, do hereby adopt the following covenants
and restrictions, which shall be taken and deemed as covenants to run with
the land and shall be binding on FOREST COVE DEVELOPMENT COMPANY and all
parties and persons claiming under it until July 1, 1987, 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 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 lot other than one detached single family dwelling not to exceed two
stories in height, a private garage for not more than three (3) cars, and
a stable wherein horses may be kept for the sole enjoyment and use of the
persons residing in the residence on said lot.

(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 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 a
committee composed of three (3) officers of FOREST COVE DEVELOPMENT COMPANY,
or by a representative named by a majority of the members of said committee.
In the event of death or resignation of any member of said committee, the
remaining member or members shall have full autbority to approve or disapprove
such design and location or to designate a representative with like authority.
In the event such committee, or its designated representatives, fail to
approve or disapprove such design and location within thirty (30) days after
said plans and specifications have been submitted to it, such approval will
not be required and this covenant will be deemed to have been complied with.
Neither the members of such committee nor its designated representatives
shall be entitled to any compensation for services performed pursuant to
this covenant. The duties and powers of such committee, and of its designated
representatives shall cease on and after ten (10) years from date. Thereafter,
the approval described in this covenant shall be vested in the FOREST COVE
PROPERTY OWNERS ASSOCIATION, INC., which shall thereafter exercise the same
powers previously exercised by said committee.

(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 ten (10) feet.

(d) No residential structure shall be erected or placed on any building
plot which has an area of less than 40,000 square feet and 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 1,500 square feet of floor area exclusive of porches
and garages. (See Addendum, at end of this deed restriction, for lots requiring
2,000 square feet of floor area). (*) (**) see addenda at bottom

(g) The exterior walls of all residences shall be at least fifty-one
per cent brick, brick-veneer, concrete or other masonry type construction.

(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 would 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,
except horses, on any part of the subdivision is strictly prohibited.

(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, SECTION FIVE. 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

(1) No sign of any kind shall be displayed 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.

(0) 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

(r) No water well shall be permitted.

(s) Beginning January 1, 1961, each residential lot in FOREST COVE, SECTION
FIVE, shall be subject to an annual maintenance charge of $10.00 per lot
per year, for the purpose of creating a fund for the use and benefit of
such charges are to be paid by the then owner of each lot in connection
with like charges to be paid by the owners of other lots in FOREST COVE,
SECTION FIVE. This maintenance charge is to be paid annually on the first
day of January of each year and there shall be 6% interest charged on any
delinquent payments. 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 lots.

the sums so collected, so far as they may be sufficient for the repair and
maintenance of streets and vacant lots and for the maintenance of the waterfront
of FOREST COVE SUBDIVISION including, but not by way of limitation, the
dredging of channels, and for doing any other things which in the opinion
of said Association are necessary and desirable to improve or maintain the
property and which is of general benefit to the owners or occupants of FOREST

The annual charge for maintenance may be adjusted by the Association
from year to year as the needs of the property may, in their judgment, require,
but shall in no event be set at a higher amount than hereinabove stated,
except by duly recorded petition signed by not less than three-fourths (3/4ths)
of the then property owners of FOREST COVE, SECTION FIVE, and in that event
such an increase shall be binding upon all of the then property owners in
said subdivision.

(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, SECTION FIVE, 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.

EXECUTED this 30 day of June, 1962.



By: Howard E. Edmunds, President

*ADDENDUM, dated October 8, 1962 amended “Section f” of the
original deed which affected the following “lots, tracts, and parcels
of land”:

Lots TEN through EIGHTEEN, inclusive, in block THIRTY-THREE;
Lots ONE through SEVENTEEN, inclusive, in block TWENTY-ONE;
Lots FORTY-TWO through FIFTY-THREE-B, inclusive; and
Lots FIFTY-FIVE through EIGHTY, inclusive, in block THIRTY-TWO;
Lots ONE through EIGHTEEN, inclusive, in block TWENTY-FIVE;
Lot NINE in block TWENTY-FOUR;
FIVE, according to the plat of said subdivision as prepared by T. C. Edminister
Engineering Company, dated June 30, 1962

**ADDENDUM amended “Section f’ to read as follows:

(f) No residential structure shall be placed on a lot unless its living
area has a minimum of 2,000 square feet of floor area exclusive of porches
and garages.

In all other clauses, and for the properties not herein above described,
the said restrictive covenants remain unchanged.

This addendum was signed by: Howard Edmunds, President; and was attested
by: C. Richard Morley, Secretary.




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