Section CC 4a

FOREST COVE COUNTRY CLUB ESTATES. SECTION FOUR-A
 

THE STATE OF TEXAS

COUNTY OF MONTGOMERY

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 at Volume 93G, page 522, Deed Records of Montgomery County, Texas,
which 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; and,

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-A (4-A), 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-A (4-A), 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-A (4-A), do hereby CHANGE the covenants
and restrictions dated April 3~, 1965, and recorded in Volume 6~76, page
37 through page 42 of the Deed Records of Harris County, Texas, and in Volume
930, page 522, Deed Records of Montgomery County,Texas, to substitute the
FOREST COVE PROPERTY OWNERS ASSOCIATION, INC., for the FOREST 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:

 

A tract of land containing 19~.32~5 acres, being part of and out of
that certain tract of land as conveyed to FLORENCE WEAVER by deed recorded
in Volume 1389, Page 131 of the Deed Records of Harris County, Texas, and
also being part of and out of that certain tract of land as conveyed to
HOWARD W. EDMUNDS by deed recorded in Vol. 4333, Page 289 of the Deed Records
of Harris County, Texas, in the Mary Owens Survey, A-611, Harris County,
Texas1 said 19~.32~6 acre tract of land being more particularly described
by metes and bounds as follows:

(The description is eliminated in the interest of economy)

The portion of this property which lies in Montgomery County, Texas,
being 21.13~2 acres,~is further described in a map recorded at Cabinet A,
Sheet 5-B, Map Records of Montgomery County, Texas. The portion of this
property which lies in Harris County, Texas, being 168.4314 acres, is further
described in a map recorded in Volume 138, page 25 of the Map Records of
Harris County, Texas.

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-A (4-A), 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
purposes11 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,. 1988, and shall be automatically
extended for successive periods of 1~ years each unless by duly recorded
instrument signed by a majority of the property owners in said subdivision
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 ~ square feet of floor area exclusive df 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-A (4-A). 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,” 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 5 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 AND OTHER EXPENSES INCURRED IN
CONNECTION WITH THE COLLECTION, ENFORCEMENT AND ADMINISTRATION OF THE “MAINTENANCE
FUND” 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 POUR-A (4-A) 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-A (4-A), 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.

SIGNED 5 AUGUST , 1992.

FOREST COVE PROPERTY OWNERS ASSOCIATION, INC.

BY: /s/ Paulette Murray

 

Name: PAULETTE MURRAY

Title: PRESIDENT

 

Attest:

Jules McCloud

Secretary

<>THE STATE OF TEXAS COUNTY OF HARRIS

This instrument was acknowledged before me this 5th day of

August 1992 , by /S/ Paulette MurraY.

Isi Marsha H. Harvev

 

Notary Public – STATE OF TEXAS My Commission expires: May 17 1993

 

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NOTE: The package of signatures of property owners who agreed to the
execution of this deed restriction is on file in the FCPOA files.

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

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