Section 4 Deed Restrictions

 

THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS THAT, whereas, RODEO REALTY COMPANY, is the owner of a tract of land which has been subdivided and platted as WESTWOOD, SECTION NO. 4, a plat of said subdivision having been filed for record under File No. 879848; and are plat of Blocks Thirty-five (35), Thirty-six (36), and a part of BlockThirty-four (34) thereof, having been filed for record under File No.993224, all in the Plat Records of Harris County, Texas; andWhereas, it is deemed to be in the best interest of said corporation and of the persons who may purchase lands in said WESTWOOD, SECTION No. 4, that there be established and maintained a uniform plan for the improvement and development of the lots in said addition as a highly restricted and modern subdivision.

 

NOW, THEREFORE, we, RODEO REALTY COMPANY, being the owner of all of said WESTWOOD, SECTION NO. 4, acting herein by and through its officers duly authorized so to do 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 RODEO REALTY COMPANY, and all parties and persons claiming under it until November 15, 1977, 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 orin part.If RODEO REALTY 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 other person or persons owning any real property, situated in said WESTWOOD, SECTION NO. 4, to prosecute any proceedings, at law or inequity, against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation.Invalidation of any one 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. Nostructure shall be erected, altered, placed or permitted to remain on anyresidential building plot other than one detached single-family dwelling notto exceed two stories in height and a private garage for not more than twocars.B) No building shall be erected, placed or altered on any buildingplot in this subdivision until the building plans, specifications, and plotplan showing the location of such building have been approved in writing asto conformity and harmony of external design with existing structures in thesubdivision, and as to location of the building with respect to topographyand finished ground elevation, by a committee composed of IRA BERNE, EDGARO. BOTTLER and I. MARK WESTHEIMER, or by a representative designated by amajority of the members of said committee. In the event of death orresignation of any member of said committee, the remaining member or membersshall have full authority to approve or disapprove such design and location,or to designate a representative with like authority. In the event saidcommittee, or its designated representative, fails to approve or disapprovesuch design and location within thirty days after said plans andspecifications have been submitted to it or, in any event, if no suit toenjoin the erection of such building or the making of such alterations hasbeen commenced prior to the completion thereof, such approval will not berequired and this covenant will be deemed to have been fully complied with.Neither the members of such committee, nor its designated representativeshall be entitled to any compensation for services performed pursuant tothis covenant. The powers and duties of such committee, and of itsdesignated representative, shall cease on and after ten years from date.Thereafter, the approval described in this covenant shall not be requiredunless, prior to said date and effective thereon, a written instrument shallbe executed by the then record owners of a majority of the lots in thissubdivision and duly recorded appointing a representative orrepresentatives, who shall thereafter exercise the same powers previouslyexercised by said committee.C) No building shall be located nearer to the front lot line ornearer to the side street line than the building setback lines shown on therecorded plat. In any event, no building shall be located on anyresidential building plot nearer than 25 feet to the front lot line, nornearer than 10 feet to any side street line. No building, except a detachedgarage or other outbuilding located 70 feet or more from the front lot line,shall be located nearer than 5 feet to any side lot line. No residence orattached appurtenance shall be erected on any lot farther than 45 feet fromthe front lot line.D) No residential structure shall be erected or placed on anybuilding plot, which plot has an area of less than 7,000 square feet or awidth of less than 56 feet at the front building setback line.E) No noxious or offensive trade or activity shall be carried on uponany lot nor shall anything be done thereon which may be or become anannoyance or nuisance to the neighborhood.F) No trailer, basement, tent, shack, garage, barn or otheroutbuilding erected on the tract shall at any time be used as a residencetemporarily or permanently, nor shall any structure of a temporary characterbe used as a residence.G) No residential structure shall be placed on any lot unless, if thebuilding is a one-story structure its living area has a minimum of 1,000square feet of floor area exclusive of porches and garage, and if thebuilding is a one and one-half or two-story structure, that it shall havenot less than 900 square feet of ground floor area exclusive of porches andgarage.H) Easements for installation and maintenance of utility and drainagefacilities are reserved as shown of the recorded plat.I) Outside toilets are strictly prohibited.J) The raising or keeping of hogs, poultry, fowls or other livestockon any part of the subdivision is strictly prohibited.K) Bridges constructed over property line ditches shall be ofconcrete pipe and of a size not less than 18 inches, or of a greater sizeshould ditches be of a depth to require same, in order that drainage willnot be retarded.L) No sign of any kind shall be displayed to the public view exceptone sign of not more than five square feet advertising the property for saleor rent, or signs used by a builder to advertise the property during theconstruction and sales period.M) No oil drill, oil development operations, oil refining, quarryingor mining operations of any kind shall be permitted upon or in any lot, norshall oil wells, tanks, tunnels, mineral excavations or shafts be permittedupon or in any lot. No derrick or other structure designed for use inboring for oil or natural gas shall be erected, maintained or permitted uponany lot.N) rubbish. containers. No lot shall be used or maintained as a dumping ground forTrash, garbage or other waste shall not be kept except in sanitaryAll incinerators or other equipment for the storage or disposalof such material shall be kept in a clean and sanitary condition.The restrictions hereinabove set out shall not cover and apply tothose certain two tracts of land known and identified as RESERVE "A" andRESERVE "B" in the replat of Blocks 35, 36 and part of Block 34 of saidWESTWOOD, SECTION NO. 4, which said replat has been duly recorded in the MapRecords of Harris County, Texas, under File No. 993224, said two reservedareas being expressly excluded from the application of the foregoingrestrictions.EXECUTED this 15th day of November, 1952.ATTEST: RODEO REALTY COMPANYGeraldine Dunman Ira BerneSecretary President