Section 5 Deed Restrictions

 

THE STATE OF TEXAS

KNOW ALL MEN BY THESE PRESENTS

COUNTY OF HARRIS

Whereas, STELLA LINK REALTY COMPANY, is the owner of a tract of

land which has been subdivided and platted as WESTWOOD, SECTION 5 AND

PARTIAL REPLAT OF SECTION 3 AND 4, a plat of said subdivision having

been filed for record under File No. 1137542, Plat 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 in said addition as a highly restricted and modern subdivision.

NOW, THEREFORE, we, STELLA LINK REALTY COMPANY, being the owner of

all said lots, 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 STELLA LINK REALTY CO. and

all parties and persons claiming under it until June 18, 1978, 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 STELLA LINK REALITY CO., 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 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 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 judgement 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, EDGAR O. BOTTLER and I. MARKWESTHEIMER, 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 duties and powers 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) 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

1,100 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 1000 square feet of ground floor area exclusive of

porches and garage.

H) Easements for installation and maintenance of utility and

drainage facilities 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

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 5 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 18th day of June, 1953.

ATTEST: STELLA LINK REALTY COMPANY

Geraldine Dunman Mark Westheimer

Secretary PresidentTHE STATE OF TEXAS

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF HARRIS

WHEREAS, Stella Link Realty Co.is the owner of the following

described tracts of land:

1. RESERVE A as per replat of Blocks 7, 8 and 9 and RESERVE A of

Section No. Five, WESTWOOD, said replat recorded in the office of the

County Clerk of Harris County, Texas under File No. 1193734.

2. RESERVES B, C AND D of Section No. Five, WESTWOOD, and partial

replat of Section Three and Section Four, as per the plat thereof filed

under File No. 1137542 in the records of the County Clerk of Harris

County, Texas;

and

WHEREAS, the above described tracts of land have been platted and

are indicated on the plats above mentioned as "Unrestricted Areas" and,

while it is intended that said areas may be used for business purposes,

it is deemed to the best interest of this company and of the persons who

may purchase residential lots in around and near the above indicated

land that the type and nature of such business uses should be

restricted:

NOW, THEREFORE, we, STELLA LINK REALTY CO., being the owner of the

above specifically described lands (heretofore unrestricted as to use)

do hereby ADOPT the following covenants and restrictions as to the land

hereinabove specifically described, which shall be taken and deemed as

covenants to run with the land and shall be binding on Stella Link

Realty Co. and all parties and persons claiming under it until June 18,

1978, at which time said covenants, conditions and restrictions shall be

automatically extended for successive periods of ten (10) years each,

unless, by duly recorded instrument, signed by a majority of the

property owners in the addition in which said properties lies, it is

agreed to change said covenants, conditions and restrictions, in whole

or in part:

(a) The property hereinabove specifically described may be used

for retail stores, wholesale stores, service stores, or any other

legitimate business purpose, provided that the same shall never be used

for a business purpose which results in or is accompanied by obnoxious

or offensive odors or activities constituting a nuisance to the

adjoining residental area.

(b) Nothing in the foregoing shall be so construed as to forbid,

restrict or prohibit the use of said property for the following business

purposes:(1) Grocery stores.

(2) Drug stores.

(3) Variety stores.

(4) Barber shops, beauty shops, shoe repairing shops,

washaterias, or other type of shop providing general or

particular service to the public.

(5) Restaurants.

(6) Cafeterias.

(7) Filling stations.

(8) Office buildings.

(9) Wholesale businesses.

(10) Theatres.

(11) Light manufacturing.

(12) Garages.

(13) Lodge rooms; or

(14) any other legitimate business activity, similar or

dissimilar to those enumerated by the foregoing, provided

that the same is not accompanied by obnoxious or offensive

noises, odors or other type of activities constituting a

nuisance to the residential area immediately adjoining

such property.

EXECUTED this 12th day of December, 1953.

ATTEST: STELLA LINK REALTY CO.

Geraldine Dunman Mark Westheimer

Secretary