Section CC 2

FOREST COVE COUNTRY CLUB ESTATES, SECTION TWO
 

THE STATE OF TEXAS

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF HARRIS

WHEREAS, FOREST COVE DEVELOPMENT COMPANY is the owner of a tract of land
which has been subdivided and platted as FOREST COVE COUNTRY CLUB ESTATES,
SECTION TWO, as shown by the map thereof recorded in Volume 137, Page 22
of the Map Records of Harris County, Texas; and

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;

NOW, THEREFORE, FOREST COVE DEVELOPMENT COMPANY, being the owner of all
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 May 1, 1989, 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.

(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 C. Richard Morley, Howard W. Edmunds and T. C.
Edminister, Jr., 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 authority
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
recorded 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.

(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, nor
higher than three (3) feet above the ground to the rear of the residence
erected thereon, except with the express written permission of the Architectural
Control Committee. 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 horses, hogs, poultry, fowls, or of other
livestock 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 COUNTRY CLUB ESTATES, SECTION TWO. 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 recorded 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.

(5) Beginning January 1, 1967, each residential lot in FOREST COVE COUNTRY
CLUB ESTATES, SECTION TWO, 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 the FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., a non-profit
corporation; 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 COUNTRY CLUB ESTATES, SECTION TWO. 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.

FOREST COVE PROPERTY OWNERS ASSOCIATION, INC. shall apply the total of
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
COVE COUNTRY CLUB ESTATES, SECTION TWO.

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 COUNTRY CLUB ESTATES, SECTION
TWO, 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 recorded plat of FOREST
COVE COUNTRY CLUB ESTATES, SECTION TWO, 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 27th day of January, 1966.

FOREST COVE DEVELOPMENT COMPANY

 By: C. Richard Morlev, President

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