Village Place Community Association

Deed Restrict - Sec 1

VILLAGE PLACE DEED RESTRICTIONS SECTION 1

THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS


Where FIRST GENERAL REALTY CORRORATION, hereinafter called “First” and INTEREAL COMPANY, being leinholder of that certain 53.664 area tract of land which has been here to platted and subdivided into that certain subdivision known as Lakeside Place, Section 1 according to the plat filed on record in the office of the Clerk of Harris County, Texas in Volume 190 Page 48 of the Map Records does hereby established, adopt and promulgate the following reservations, restrictions, covenants and easements. To apply uniformly to the use, occupancy and conveyance of all lots in said Lakeside Place, Section 1 ( described below) for the benefit of the present and future owners of said lots and the Lakeside Place Community Association, Inc.:

Block 1: Lots 1 through 28 Block 5: Lots 1 through 4
Block 2: Lots 1 through 33 Block 6: Lots 1 through 15
Block 3: Lots 1 through 29 Block 7: Lots 1 through 13
Block 4: Lots 1 through 21


1. Single Family Residential Construction

No building shall be erected, altered or permitted to remain on any lot other than one detached single family residential dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars and bona fide servants quarters which structures shall not exceed the main dwelling in height or number of stories and which structure may be occupied only by a member of the family occupying the main residence on the building or site by domestic servants employed on the premises.


2. Architectural Control

No buildings or improvements of any character shall be erected or placed or the erection begin, or changes made in the design thereof after original construction, on any lot until the construction plans and specifications and a plot plan showing the location of the structure or improvements has been submitted to and approved by the Architectural Control Committee consisting of Richard H Basden, W.R. Stromatt and Kenneth A. Summuki or its assignee hereinafter provided for as to compliance with these restrictions as to quality of material, harmony of external design with existing and proposed structures and is to location with respect to topography and finish grade election. In the event the Committee fails to approve or disapprove within thirty (30) days after the receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied. First hereby agrees to assign its rights to approve or disapprove plans and specifications, location of structures, construction contracts and all other documents of approvals required to be submitted to it to the Lakeside Place Community Association. Inc., when one hundred (100) percent of all the lots in Lakeside Place, Section 1 and all subsequent sections of Lakeside Place are occupied by residents.


3. Minimum Square Footage Within Improvements

The living area on the ground floor of the main structure exclusive of one story open porches and the garage shall not be less than three thousand (3,000) square feet for one story dwellings nor less than eighteen hundred (1800) square feet for a dwelling of more than one story. The total square feet for a multi story dwelling shall be not less than three thousand (3,000) square feet. The exterior materials of the main residential structure including garages if attached, shall be not less than fifty-one (51%) percent masonry. Detached garage may be of wood.


4. Location of the Improvements Upon the Lot

No building shall be located on any lot nearest to the front line or nearest to the street side line than the minimum building set back line shown on the recorded plat. The main residential structure (exclusive of detached garage and out buildings) shall be located no less than fifteen (15) feet from the rear property line. Subject to the provisions of paragraph 5, no building shall be located nearer than five (5) feet to an interior lot line except that a garage or other permitted accessory building located sixty (60) feet or more from the front line may be a minimum distance of three (3) feet from an interior lot line. No garage located closer than 60’ feet or more from the front line shall face and open at less than a (90) degree angle to the front property line. For the purposes of this covenant eaves, steps and unroofed terraces shall not be considered as part of a building provided, however, that this shall not be constructed to permit any portion of the construction on a lot to encroach upon another lot.

5. Composite Building Site

Any owner of one or more adjoining lots or portions thereof may consolidate such lots or portions into one building site with the privilege of placing or constructing improvements on such resulting site which case setback lines shall be measured from the resulting side property lines rather than from the lot lines as indicated on the recorded plat. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of the lots in the same block.


6. Utility Easement


Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat and no structure shall be erected upon any of said easements. Neither First or any utility company using the easements shall be liable for any damage done by either of or them or their assigns, their agents, employees or servants to shrubbery, trees, flowers or improvements of the owner located on the land covered by said easement.


7. Prohibition of Offensive Activities

No activity, whether for profit or not, shall be carried on an any lot which is not related to single family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any lot which may be or become an annoyance or a nuisance to the neighborhood. First, or its assigns, may maintain, as long as it owns property in Lakeside Place , Section 1 in or upon such portions of the property as first determines, such facilities as in its sole discretion may be necessary or convenient, including, but without limitations to offices, storage areas, model units and signs.


8. Use of Temporary Structures

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Temporary structures used as building offices and for other related purposes during the construction period must be inconspicuous and slightly.


9. Storage of Automobiles, Boats, Trailer and Other Vehicles

No boat trailers, boats, travel trailers, inoperative automobiles, campers, or vehicles of any kind are to be semi-permanently or permanently stored in the public street right-of-way or on driveways. Permanent and semi-permanent storage of such items and vehicles must be screened from public view within the garage.


10. Mineral Operations

No oil Drilling, oil development operations, oil refining, quarrying or mining operations of any Kind shall be permitted upon or in any lot, not shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structures designed for the use in boring for oil or natural gas shall be erected maintained or permitted upon any lot.


11. Animal Husbandry

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other common household pet of the domestic variety may be kept provided that they are not kept, bred or maintained for commercial purposes and provided that no more than two (2) of each type animal is kept.


12. Walls, Fences and Hedges

No walls, fence or hedge in excess of three (3) feet shall be erected or maintain nearer to the front lot line than the front building setback line. No side or rear fence, was or hedge shall be more than eight (8) feet high. No chain link or wire fence type construction will be permitted on any lot. Any wall, fence or hedge erected as a protective screening on a lot by First shall pass ownership with title to property and it shall be owner’s responsibility to maintain said protective screening thereafter.

13. Visual Obstructions at the Intersection of Public Streets

No object or thing which obstructs site lines at elevations between two (2) feet and six (6) feet above the roadways within the triangular area formed by the intersecting street property lines and a line connection them at points twenty – five (25) feet from the intersection of the street property lines or extensions there of placed, planted or permitted to remain on any corner lots.


14. Lot Maintenance

The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted or permit the accusation of garbage, trash or rubbish of any kind thereon and shall not burn anything (except as permitted by law). The drying of clothes in full public view is prohibited and the owners or occupants of any lots at the intersection of streets or adjacent to parts playgrounds or other facilities where the rear, yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of the owner or occupant of any lot in observing the above requirements or any of them such default continuing after ten (10) days written notice thereof First or its assignee shall without liability to the owners or occupant in trespass or otherwise enter upon said lot or cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions so as to place said lot in a neat attractive, healthful and sanitary condition any may charge the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupation of the property to pay such statement immediately upon receipt of thereof.


15. Signs, Advertisement, Billboards

No sign, advertisement or billboard or advertising structure of any kind other than a normal “For Sale” sign not exceeding six (6) square feet may be erected or maintained on any lot in said subdivision. First or its assignee will have the right to remove any such sign. Advertising or billboard or structure which is placed on said lot and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal.


16. Roofing Materials

The roof of any building shall be constructed or covered with wood shingles. Any other type roofing material shall be permitted only at the sole discretion of the Architectural Control Committee upon written request.


17. Maximum Height of Antennae

No radio or television aerial wires or antennae shall be maintained on any portion of any residential lot forward of the front of the structure and no radio or television aerial wires or antennae shall be placed or maintained on any building nor shall any free standing antenna of any style be permitted to extend more than ten (10) feet above the roof of the main residential structure on said lot. No radio or television antenna shall be erected on a wooded pole.


18. Sidewalks

Before the dwelling unit is completed and occupied, the lot owner shall construct a concrete sidewalk four (4) feet in width parallel to the street curb and shall extend into the project of the lot boundary lines into the street right-of-way and/or street curbs at corner lots. Owners of corner lots shall install a sidewalk parallel to the front lot line and the side street lot line.


19. Underground Electric Services

Underground electrical service shall be available to certain lots at the sole desecration of First end the Houston Lighting & Power Company in compliance with the Federal Housing Administration’s guidelines. The owner of such lot shall at his own cost furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the Electric Company=s metering or the customer=s structure to the point of attachment of such cable (such point of attachment to designated by the Electrical Company) to Electric Company=s installed transformers or energized secondary junction boxes. The Electric Company furnishing service shall make the necessary electrical connections at said point of attachment and at the meter. In addition, the owner of each lot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the Electrical Company furnishing service) for the location and installation of the meter of the Electric Company furnishing service to the residence constructed on such owner=s lot. For so long as underground service is maintained the electric service to each lot shall be uniformed and exclusively of the type known as single phase 120-240 volt, 3-wire, 60 cycle alternating current.

20. The Lakeside Place Community Association, Inc.

Definitions :
a) "Association" shall mean and refer to Lakeside Place
Community Association, Inc., Its successors and assigns. The
Association has the power to collect and disburse those maintenance
assessments as described in Paragraph 21.

b) "Owner" Shall mean and refer to the record owner, wether
One or more persons and entites of a fee simple title to any lot
which is a part of the properties including contract sellers but
excluding those having such interests merely as security for the
performance of an obligation.

c) "Properties" shall mean and refer to that certain real
property hereinbefore described and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.

d) "Common Area" shall mean all real property owned by
by the Association for the common use and enjoyment of the owners.
the Common Area to be owned by the Association at the time of the
conveyance of the first lot is described as follows:


Reserve “A” and “B” of Lakeside Place as described in Plat of record in Volume 190, Page 48, Map Records of Harris
County, Texas.

e) "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties with the exception of the
Common Area and Reserves.

f) "Declaring" shall mean and refer to FIRST GENERAL
REALTY CORPORATION, its successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declerant for the purpose of development.

21. Maintenance Assessment


There is to be imposed on each lot in Lakeside Place, Section I and on other sections subsequently to be platted and made of record in Lakeside Place, an annual maintenance charge to be paid to Lakeside Place Community Association, Inc. to be applied, so far as sufficient, toward the payment of expenses incurred in lighting, improving, and maintaining streets, park area, vacant lots, a swimming and recreational club, and any other thing necessary or desirable in the option of Lakeside Place Community Association, Inc. to be of general benefit to the owners or occupants of the above described property. Appropriate recitations in the deed conveying each lot will evidence the retention of vendor=s lien by First for the purpose of securing payment of said charge, assigned to Lakeside Place Community Association, Inc. without recourse on First in any manner for the payment of said charge and indebtedness.

22. Purpose of Assessments

The assessments levied by the Association shall be used exclusive to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Area. The proceeds of regular annual or special assessments shall not be used to reimburse First, its successors or assigns, for any capital expenditures incurred in construction or other improvements of Common facility, nor for the operation or maintenance of such facilities incurred prior to conveyance unencumbered to the Association.

23. Maximum Annual Assessments

Until January 1 of the year immediately following the conveyance of the First lot to an Owner, the maximum annual assessment shall be ONE HUNDRED EIGHTY DOLLARS ($180.00) per lot.


(A) From and after January 1 of the year immediately following
the conveyance of the first lot to an Owner, the maximum annual
assessment may be increased each year not more than three percent
(3%) above the maximum assessment for the previous year without a vote
of the membership.

(B) From and after January 1 of the year immediately following the
conveyance of the first lot to an Owner, the maximum annual assessment
may be increased above three (3%) by a vote of two-thirds (2/3) of each
class of members who are voting in person or by proxy, at a meeting duly
called for this purpose.

(C) The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum.


24. Special Assessments for Capital Improvements

In addition to the annual assessments authorize above, the Association may levy, in any assessment yet, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.


25. Owner=s Easement of Enjoyment


Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot subject to the following provisions:

(A) The right of the Association to charge reasonable admission
and other fees for the use of any recreational facility situated upon the
Common Area.

(B) The right of the Association to suspend the voting rights and
the right to use of the recreation facility by an owner for any period
during which any assessment against his lot remains unpaid: and for
a period not to exceed sixty (60) days for each infraction of its published
rules and regulations.


(C) The right of the Association to dedicate or transfer all or any part
of The Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No
such dedication or transfer shall be effective unless an instrument signed
by two-thirds (2/3) of each class of the members agreeing to such
dedication or transfer has been recorded.

(D) The right of the Association to collect and disburse those funds as
set forth in paragraph 21.


26. Delegation of Use

Any owner may delegate in accordance with the by-laws his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property


27. Membership and Voting Rights

Every owner of a lot which is subject to assessment shall be a member of the Association. Memberships shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. The Association shall have two classes of voting membership.

Class A. Class A members shall be all owners with
the exception of First and shall be entitled to one vote for
each lot owner. When more than one person holds an
interest in any lot, all such persons shall be members. The
vote of such lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast
with respect to a lot.


Class B Class B members shall be First or its
successors and assigns if such successors or assigns should
require more than one undeveloped lot from First for the
Purpose of development. Class B members shall be entitled
To four votes for each lot owned. The Class B membership
shall cease and be converted to Class A membership on the
happening of either of the following events, which ever occurs
earlier: (1) When the total votes outstanding in Class A
membership equal the total votes outstanding in Class B
membership including duty annexed areas, but subject to further cessation in accordance with the limitations set forth in this
paragraph; or (2) on January 1 or 1979.

First hereby agrees to assign its rights to approve or disapprove plans and specifications, location of structures, construction contracts and all other documents or approvals required to be submitted to it to the Lakeside Place Community Association, Inc. when either of the conditions (1) or (2) above occur.


28. Rate of Assessments

All lots in Lakeside Place shall commence to bear their applicable maintenance fund assessment simultaneously and lots owned by First are not exempt from assessment, lots which are occupied by residents shall be subject to the annual assessment determined by the Board of Directors ( according to Paragraphs 24 and 29). Lots which are not occupied by a resident and which are owned by First, a builder, or a building company shall be assessed at the rate of one-half (1/2) of the annual assessment above. The rate of assessment for an individual lot, within a calendar year, can change as the character of ownership and the status of occupancy by a resident change. The applicable assessment for such a lot shall be prorated according to the rate required of each type of ownership.


29. Date of Commencement of Annual Assessments

Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year. The board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The Due Dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific lot have been paid.


30. Effect of Non-Payment of Assessments


Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property. No owner may waive nor otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot.


31. Subordination of Lien

The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any lot shall not affect the assessment lien. However the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability of any assessments thereafter becoming due or from the lien thereof.


32. Enforcement

The Association or any owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these deed restrictions. Failure by the Association or by any owner to enforce any covenant or restrictions herein shall in no event be deemed a waiver of the right to do so thereafter.


33. Severability

Invalidation of any one of these covenants or restrictions by judgement or court order shall in no wise affect any other provision which shall remain in full force and effect.


34. Amendment to the Above Deed Restrictions

The covenants and restrictions of this Declaration shall run with the bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy- five percent (75%) of the Lot Owners. Any amendment must be recorded.


35. Books and Records

The books, records and papers of the Association shall, during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation, By-Laws of the Association, and Restrictive Covenants shall be available for inspection by any member at the principal office of the Association where copies may be purchased at a reasonable cost.


36. Annexation


Additional residential property and common area may be annexed to the properties by the Board of Directors without obtaining homeowners consent.

IN WITNESS HEREOF, we have hereunto set our hands, this ____9th____day of ____________May______________. 1972.


FIRST GENERAL REALTY CORPORATION
ATTEST: By _____________________________________
____________ _______________ Vice President
Assistant Secretary
COMPANY
INTEREAL CORPORATION

ATTEST: By__________________________________
Vice President
____________________________
SECRETAY

THE STATE OF TEXAS x

COUNTY OF HARRIS x

BEFORE ME, the undersigned authority, on this day personally appeared
R. H. BASDEN, Vice President of FIRST GENERAL REALTY CORPORATION, a corporation, known to me to be the person and officer whose nane is subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9TH DAY OF
May , 1972.


_______________________________
Notary Public in and for
Harris County, Texas


THE STATE OF TENNESSEE x

COUNTY OF DAVIDSON x

BEFORE ME, the undersigned authority, on this day personally appeared Marion G. Smith, Jr., Vice President of INTEREAL company corporation, a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day of May, 1972.


________________________________
Notary Public in and for
_________________________________
County, Tennessee