Section 2 Deed Restrictions
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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
I, replat of said subdivision having been filed for record under
File No. 796803 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 in said
Westwood, SECTION I, 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 I, 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 January 1, 1975, 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 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 I, to prosecute any
proceedings, at law or in equity, 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. No
structure shall be erected, altered, placed or permitted to remain
on any residential building plot other than one detached single-
family dwelling not to exceed two stories in height and a private
garage for not more than two cars.
B) No building shall be erected, placed or altered on any
building plot in this subdivision until the building plans,
specifications, and plot plan showing the location of such building
have been approved in writing as to conformity and harmony of
external design with existing structures in the subdivision, and as
to location of the building with respect to topography and finished
ground elevation, by a committee composed of IRA BERNE, CHERESA
BERNE and I. MARK WESTHEIMER, or by a representative designated 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 said committee,
or its designated representative, fails to approve or disapprove
such design and location within thirty days after said plans and
specifications have been submitted to it or, in any event, if no
suit to enjoin the erection of such building or the making of such
alterations has been commenced prior to the completion thereof,
such approval will not be required and this covenant will be deemed
to have been fully complied with. Neither the members of such
committee, nor its designated representative shall be entitled to
any compensation for services performed pursuant to this covenant.
The powers and duties of such committee, and of its designated
representative, shall cease on and after ten years from date.
Thereafter, the approval described in this covenant shall not be
required unless, prior to said date and effective thereon, a
written instrument shall be executed by the then record owners of a
majority of the lots in this subdivision and duly recorded
appointing a representative or representatives, who shall
thereafter exercise the same powers previously exercised by said
committee.
C) No building shall be located nearer to the front lot line
or nearer to the side street line than the building setback lines
shown on the recorded plat. In any event, no building shall be
located on any residential building plot nearer than 25 feet to the
front lot line, nor nearer than 10 feet to any side street line.
No building, except a detached garage 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 or attached
appurtenance shall be erected on any lot farther than 45 feet from
the front lot line.
D) No residential structure shall be erected or placed on
any building plot, which plot has an area of less than 7,000 square
feet or a width of less than 56 feet at the front building setback
line.
E) No noxious or offensive trade or activity shall be
carried on upon any lot nor shall anything be done thereon which
may be or become an annoyance or nuisance to the neighborhood.
F) No trailer, basement, tent, shack, garage, barn or other
outbuilding erected on the tract shall at any time be used as a
residence temporarily or permanently, nor shall any structure of a
temporary character be used as a residence.
G) The ground floor area of the main structure, exclusive of
one-story open porches and garages, shall be not less than 700
square feet in the case of a one-story structure and shall be not
less than 600 square feet in the case of a one and one-half or two
story structure.
H) Easements for installation and maintenance of utility and
drainage facilities are reserved as shown on the recorded plat.
I) Outside toilets are strictly prohibited.
J) The raising or keeping of hogs, poultry, fowls or other
livestock on any part of the subdivision is strictly prohibited.
K) Bridges constructed over property line ditches shall be
of concrete pipe and of a size not less than 18 inches, or of a
greater size should ditches be of a depth to require same, in order
that drainage will not be retarded.
L) 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 a builder to advertise
the property during the construction and sales period.
M) No oil drill, oil development operations, oil refining,
quarrying or mining operations of any kind shall be permitted upon
or in any lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any lot. No derrick
or other structure designed for use in boring for oil or natural
gas shall be erected, maintained or permitted upon any lot.
N) No lot shall be used or maintained as a dumping ground
for rubbish. Trash, garbage or other waste 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.
EXECUTED this 31st day of August, 1950.
ATTEST: RODEO REALTY COMPANY
Geraldine Dunman Ira Berne
Secretary President
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
That WHEREAS, RODEO REALTY COMPANY is the owner of certain
lots in WESTWOOD, SECTION I, (replat of said Subdivision having
been filed for record under File No. 796803, of the Map Records of
Harris County, Texas) more particularly described as follows:
Lots 63 through 80 in Block Two;
Lots 81 through 125 in Block Three;
Lots 126 through 134 in Block Four;
Lots 135 through 153 in Block Five:
Lots 154 through 166 in Block Six;
Lots 167 through 175 in Block Four;
Lots 176 through 192 in Block six;
all in WESTWOOD, SECTION I;
WHEREAS, certain restrictions have been filed with the office
of the County Clerk of Harris County, Texas, under File No. 814803
covering WESTWOOD, SECTION I, and
WHEREAS, it is deemed to be in the best interest of said
corporation and of the persons who may purchase lots in said
WESTWOOD, SECTION I, that the following additional covenant and
restriction be placed on the above described property in WESTWOOD,
SECTION I.
NOW THEREFORE, WE, RODEO REALTY COMPANY, being the owner of
all of the above described property, acting herein by and through
its officers duly authorized so to do by its Board of Directors, do
hereby adopt the following covenant and restriction, which shall be
taken and deemed as a covenant to run with the land and which shall
be binding on RODEO REALTY COMPANY and all parties and persons
claiming under it until January 1, 1975, at which time, said
covenant and restriction shall be automatically extended for
successive periods of ten (10) years each, unless by duly recorded
instruments, signed by a majority of the property owners in said
addition, it is agreed to change said covenant and restriction, in
whole or in part.
No residential structure shall be placed on any lot unless,
if the building is a one-story structure its living area has a
minimum of 800 square feet of floor area exclusive of porches and
garage, and if the building is a one and one-half or two-story
structure, that it shall have not less than 750 square feet of
ground floor area exclusive of porches and garage.
If RODEO REALTY COMPANY or any of its successors or assigns
shall violate or attempt to violate this covenant and restriction,
it shall be lawful for any other person or persons owning any real
property situated in the above described tract to prosecute any
proceedings at law or in equity against the person or persons
violating or attempting to violate this covenant and restriction
and either to prevent him or them from so doing or to recover
damages or other dues for such violation.
EXECUTED this 10th day of March, 1952.
ATTEST: RODEO REALTY COMPANY
Geraldine Dunman Ira Beerne
Secretary President