This is a re-typed version of a photocopy, done for ease of reading ONLY. It is NOT to be considered a definitive legal document, but only an aid to reading. The Original is filed in the Harris County deed records.
State of Texas
County of Harris
Know All Men by These Presents:
THAT, Norman Enterprises, inc., and Pamela Land Company, both being Texas Corporations domiciled in Harris County, Texas, both acting herein by and through their duly authorized officers, and both hereinafter referred to Jointly as DEVELOPERS and
WHEREAS it is the DEVELOPER’S Intention and desire to subject the hereinafter described real-property, of which the DEVELOPER Is Owner, to the restrictions, covenants, reservations, easements, liens and charges hereinafter set forth each and all of which is and are for the benefit of said real property and for each owner and subsequent owner thereof and the same shall Inure to the benefit of and pass with said property, and each and every parcel thereof, and shall apply to and bind the successor in interest, and any owner thereof.
NOW THEREFORE, the DEVELOPER, as owner thereof, hereby declares that the hereinafter described real property is, and shall be held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations, easements, liens and charges hereinafter set forth.
AREA OF APPLICATION
1. The real property which is, and shall be, held and shall be conveyed, transferred and sold subject to the condition, restrictions, covenants, reservations, easements, liens and charges with respect to the various portions thereof set forth In the various clauses and sub-divisions of these Restrictive Covenants Is located In the County of Harris, State of Texas, and is more particularly described as follows, to-wit
FOREST WEST, SECTION TWO, a subdivision Within the City of Houston, Texas according to the plat filed in Volume 130 Page 11 of the Map Records of Harris County, Texas.
2. No property other than that described above shall be deemed subject to these Restrictive Covenants, unless and until specifically made subject thereto.
3. The DEVELOPER may, from time to time, subject additional real property to the conditions, restrictions, covenants, reservations, liens, and charges herein set forth by appropriate reference hereto.
4. The RESIDENTIAL AREA COVENANTS shall apply to all building sites except Reserves F through and Including Reserve T.
5. The BUSINESS AREA COVENANTS shall apply to Reserves F through and including Reserve I.
GENERAL PURPOSES OF CONDITIONS
The real property described hereinbefore is subjected to the covenants, restrictions, conditions, reservations, liens and charges hereby declared to insure the best use and the most appropriate development and Improvement of each building site there; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of Improper or unsuitable materials; to insure the highest and best development of said property; to encourage and secure the erection of attractive improvements thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setbacks from streets, and adequate free spaces between structures, to create and preserve a neighborhood environment of social compatibility and economic security; end in general to provide adequately for a high type and quality of improvement in said property, and thereby to enhance the values of Investments made by purchasers therein.
RESIDENTIAL AREA COVENANTS
1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, not to exceed two stories in height and a private garage for not less than two nor more than four passenger type automobiles.
2. ARCHITECTURAL CONTROL. No building shall be erected, placed, or altered on any lot until the construction plans and specifications have been approved in writing by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The plans shall show in detail the foundation, floor plan(s), all elevations, all exterior material, location of dwelling, garage, open porches, patios, driveway and public walks. No fence or wall shall be erected, placed or altered on any lot nearer to any Street than the minimum building setback line unless similarly approved. The procedure for approval shall be as hereinafter provided.
3. DWELLING SIZE. The habitable area of the main structure, measured to outside of walls, exclusive of open porches, garage(s), carport(s), porte-cochere and roof overhangs, shall be not less than the following:
a. On Lots 162 through 200, inclusive, in Block 7; Lots 224 through 250, inclusive, in Block 9; Lots 251 through 278, inclusive, in Block 8; Lots 339 through 356, inclusive, in Block 11; Lots 283 through 288, inclusive, In Block 14: 1800 square feet for a one story dwelling; nor less than 1200 square feet on the ground floor for a dwelling of more than one story, but In no event shall the total habitable area of a dwelling of more than one story be less than 1900 square feet.
b. On Lots 201 through 213 inclusive, in Block 7; Lots.2l4 through 223, inclusive, In Block 9 Lots 279 through 282, inclusive, In Block 14: 1700 square feet for a one story dwelling; nor less then 1150 square feet on the ground floor for a dwelling of more than one story, but in no event shall the total habitable area of a dwelling of more than one story be less than 1800 square feet.
c. On Lots 289 through 320, inclusive, In Block 14; Lots 421 through 452, inclusive in Block 12; Lots 357 through 420, inclusive, In Block H; Lots 453 through 1467, inclusive, In Block 13; Lots 468 through 480, inclusive, in Block 10; Lots 481 through 490, inclusive, In Block 15: 1400 square feet for a one story dwelling; nor less than 1000 square feet on the ground floor for a dwelling of more than one story, but in no event shall the total habitable area of a dwelling of more then one story be less than 1500 square feet.
d. On Lots 321 through 338, inclusive, In Block 14; Lots 491 through 501, inclusive, in Block 15; Lots 502 through 522, inclusive, In Block 16; Lots 556 through 567, inclusive, in Block 18: 1350 square feet for a one story dwelling; nor less than 950 square feet on the ground floor for a dwelling of more than one story, but in no event shall the total habitable area of a dwelling of more than one story be less than 1450 square feet.
e. On Lots 535 through 555, inclusive, In Block 17; Lots 568 through 594, inclusive, in Block 18; Lots 595 through 614, inclusive, in Block 19; Lots 615 through 628, inclusive, In Block 20: 1300 square feet for a one story dwelling; nor less than 900 square feet on the ground floor for a dwelling of more than one story, but in no event shall the total habitable area of a dwelling of more than one story be less than 1400 square feet.
4. BUILDING LOCATION.
a. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat, In any event no building shall be located on any lot nearer than 25 feet to the front lot tine, or nearer than 10 feet to any side street line.
b. No building shall be located nearer than 5 feet to an interior lot line, except that a 3 foot side yard shall be permitted for a detached garage or other permitted detached accessory building located 30 feet or more from the front minimum building setback line. In no event are building improvements to be erected on or within utility easements. No habitable portion of a dwelling shall be located on any interior lot nearer than 20 feet to the rear lot line.
c. Residences on corner lots shall face the street on which the lot has a building setback line of 25 feet.
d. In. the case of a garage facing the side street of a corner lot, the automobile entrance to the garage shall be not less than 20 feet from the side street property line.
e. No porte-cochere shall be placed or maintained nearer to a street than the minimum building setback lines, nor nearer to any other lot line than five (5) feet. No portecochere shall be permitted on any lot which does not have a usable garage for at least two (2) automobiles. For the purposes of these covenants, car-ports shall be considered as garages and shall comply with all requirements for garages.
f. For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.
5. BUILDING MATERIALS.
a. Walls and roofs of garages, carports, and porte-cocheres, attached to the residence, shall be constructed of the same material used on the walls and roof of the residence.
b. The use of asphalt shingle roofs is prohibited. ****See Amendment******
c. The exterior wall area of the residence shall not be less than fifty one percent (51%) masonry or masonry veneer construction, In determining this required area the are of all gab1es, windows and door openings shall be excluded from this required area, in the event of an attached garage, its exterior wall area shall be included in the determination of the required masonry or masonry veneer area. The Architectural Control Committee may waive this masonry area requirement, If, in its opinion, this masonry requirement would be a substantial detriment to the design of the proposed residence and would not materially effect neighboring residences in an adverse manner.
d. Driveways shall be constructed of concrete and have a minimum width of nine (9) feet. The driveway shall flare to a minimum width of twenty (20) feet at the curb. The street curb shall be broken in such a manner that the joint at the street pavement and the driveway will not have an unsightly appearance.
e. Walks from the street curb to the residence shall be constructed of concrete or masonry materials and shall have a minimum width of three (3) feet.
6. PUBLIC WALKS. Before the initial dwelling unit is completed the lot owner shall construct a concrete sidewalk in the Street right of way parallel to the street curb and two (2) feet from the street right of way line(s), four (4) feet in width, and said sidewalk shall extend to the projection of the lot boundary lines into the street right of way and/or street curbs at corner lots.
7. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 6500 square feet. However, this covenant shall not preclude the erection of a dwelling on any lot as designated on the recorded plat.
8. UTILITY EASEMENTS, Easements, as shown on the record plat, and right of entry to them, for installation and maintenance of utilities and drainage facilities are reserved. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation, maintenance or operation of utilities. The easement area of each lot and all improvements in it shall be maintained by the owner of the lot, except those improvements of a public authority or utility shall be maintained by such authority or utility. The title to a lot shall not include title to any utility’s facilities located within easements or streets. Neither the Developer, their successors nor assigns. nor the operator of any public utility, shall be liable for damage to any plants, structure or buildings located in or on such easements or streets because of the installation or maintenance of the utility facilities.
9. NUISANCES. No. noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which nay be or may become an annoyance or nuisance to the neighborhood. No boat, trailer or truck shall be parked or stored in front of any dwelling unit for more than 24 hours. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, front or side yards.
10. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, servants quarters or other out buildings shall be used on any lot at any time as a residence, either temporarily or permanently, except that servants quarters may be occupied by bona fide servants actually employed on the premises; nor shall any used residence or other used structure be moved onto any lot for residential purposes. During construction and sales period, builders may erect and maintain such structures as is customary in connection with such construction and sale of property.
11. SIGNS. No sign of any kind shall be displayed to public view on any lot or building except one sign of not more than five (5) square feet in area. advertising the merits of the property for sale or rent. During the construction and initial sales period of the dwelling the builder may use other signs and displays to advertise the merits of the property for sale or rent.
12. OIL AND MINING OPERATIONS. No gas or oil drilling, gas or 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.
13. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes
14. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as 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 clean and sanitary conditions.
15. WATER SUPPLY. No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements and standards of the City of Houston, Texas. Approval of such System as installed shall be obtained from such authority.
16. SEWAGE TREATMENT.. No sewage treatment system shall be permitted on any lot.
17. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height so as; to prevent obstruction of such sight lines.
a. After the initial residential unit has been completed the owner shall maintain yards so as to prevent unsightly appearances, by cutting weeds, maintaining grass and shrubs. Dead, diseased, or damaged trees which might create a hazard to property or persons on the lot, or adjacent lots, shall be promptly repaired or removed.
b. The owner shall keep the appearance of all lot improvements at a consistently high level by timely painting, maintenance and repair.
c. The owner agrees, that upon notice from the Developer, the Architectural Control Committee, or the Association, to perform such maintenance and/or repairs listed in such notice.
19. FOREST WEST COMMUNITY IMPROVEMENT ASSOCIATION.
a. The Developer has caused to be organized under the Texas Non Profit Corporation Act a corporation with the corporate name of Forest West Community Improvement Association; the same hereinafter referred to as “Association”.
b. The purposes of the Association are to determine, collect, enforce manage and expend the Maintenance Fund hereinafter imposed; and in general to maintain and promote the values of residential properties and social well being of the residents of Forest West.
c. The membership in the Association shill be all of the record Owners of residential lots or sites in Forest West, including all future sections there if any, or any future adjacent recorded subdivision which may be subject to this Association and to the Maintenance Fund charge, or its equivalent. Such members may be in two classes: regular members and developer-builder members. Developer builder members shall be those record lot owners engaged in the business of: it dividing Forest West Addition, or any future sections thereof, if any, or any future adjoining recorded subdivision made subject to the Association and the hereinafter imposed Maintenance Fund charge, or its equivalent; constructing improvements for the purpose of selling or leasing of all of the said improvements on a lot in Forest West Addition, or any future section thereof, if any, or any future adjoining recorded subdivision made subject to the Association and the hereinafter imposed maintenance Fund charge or its equivalent. The Developer reserves the right to determine whether the owner of a lot shall be a regular member or a Developer Builder Member. Where the term “member” is used herein It shall include both classes of members, unless specified otherwise.
d. Each member of the Association shall be entitled to one vote for each lot owned on each matter submitted to a vote of the members. Vote(s) shall be by only one of any two or more common owners or tenants in common, but split or fractional votes where common owners or tenants in common cannot agree are specifically prohibited. Voting may be in open meeting, or by mail, as designated in the by laws of the Association.
20. MAINTENANCE FUND.
a. Each residential lot or building site shall be and is hereby made subject to an annual charge by the Association for its maintenance fund.
b. The rate of the Maintenance fund charge shall be determined annually by the Association. The rate so determined and charged shall be sufficient, in the Association’s judgment, to meet it’s requirements, but in no event shall the rate of charges exceed a maximum of five (5) mills per square foot of residential lot of building site area.
c. The Maintenance fund charge shall be due and payable to the Forest West Community improvement Association annually. In advance, on the first day of January of each year after the date of the conveyance of each lot or portion thereof. The Maintenance Fund charge shall commence as of the date of conveyance by the Developer, on which date shall be due the prorated annual Maintenance Fund charge for the remainder of the year. Delinquent charges may be assessed a charge not to exceed the rate of six (6) percent per annum. The Association shall not be liable or responsible to any party for failure or liability to collect such maintenance charge or any part thereof from any other party
d. All maintenance funds collected from all lot Owners, now or hereafter subject to such charges may be pooled, merged and combined into a single Maintenance Fund without regulation to the location of the assessed lots
e. The Maintenance Fund shall be used by the Association for the use and benefit of all residents of this subdivision, and all subsequent Sections thereof, if any, or future adjoining recorded subdivisions wherein the residential lots are impressed with and subject to an annual Maintenance Fund charge at a rate equivalent to that herein imposed, and which are subject to the jurisdiction of the Association as herein provided. Such uses and benefits to include, but are not limited to the following: maintenance of streets, public walks, parks, parkways, esplanades, and vacant lots; provision and maintenance of street lighting, and subdivision markers or monuments, esplanade planting and decoration; provision or subsidy of service for public transportation, fire protection, police or watchman protection, insect control, garbage and rubbish pickup; provision and/or operation and/or maintenance of recreational facilities including, but not limited to, swimming, tennis and playgrounds; and the enforcement of these restrictive covenants. The foregoing uses, benefits and purposes are permissive and not mandatory. The good faith decisions of the Association shall be final so long as they are made in accordance with the law and the Association’s by-laws.
f. It is specifically provided that Developer-Builder members shall not be subject to such Maintenance Fund charges(s) of the Association. The Development reserves the right at all times to use its own judgment and discretion as to the exemption of any lot from said maintenance charge, and such good faith judgments shall be binding and conclusive upon all parties.
g. The Maintenance Fund charges established herein and to be levied shall be secured by a Vendor’s Lien for the use and benefit for the Association, said lien to be enforceable at law by said beneficiary. Each such lien shall be secondary, subordinate and inferior to all liens present and future, given granted and created by or at the instance and request of the Owner of any such lot or building site to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any such lot or building site. As a condition precedent to any proceeding to enforce its lien upon any lot or building site upon which there is an outstanding valid and subsisting first lien, said beneficiary shall give the holder of such first lien sixty (60) days written notice of such proposed action, such notice to be addressed to the office of such first lien holder by U.S. Certified Mail, and to contain the statement of the delinquent Maintenance Fund charges upon which the proposed action is based. Upon request of the holder of any such first lien holder, the Association shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular lot or building site subject to such first lien.
h. The Maintenance fund charge shall continue for such term as these Restrictive Covenants are in effect or until such time as the Maintenance Fund charges may be changed, in whole or in part, as provided herein for changing of these Restrictive Covenants.
BUSINESS AREA COVENANTS
1. LAND USE. No Reserve or any portion thereof shall be used for any manufacturing or industrial purposes so as to produce a nuisance to the neighborhood with or from excessive noise, odorous matter, vibration, smoke and particle matter, glare, fire and explosive hazards toxic and noxious matter or any other activity.
2. PROTECTIVE SCREENING. The Owner of Reserve F, G, H. or any portion thereof shall at the time of erection of any-structure install and maintain at his own expense a protective screen masonry wall along their respective property lines that are common with Residential lots or on their line of the utility easement between their property and the Residential Lots for the entire length of the Reserves, or their portion thereof as the case may be. The design of this screen wall shall be subject to the approval of the Architectural Control Committee.
3. BUILDING LOCATION.
a. No building shall be located on any lot nearer to a street than the minimum building setback lines shown on the recorded plat.
b. For the purposes of this covenant, eaves, steps, and open walkways, open porches, and canopies, shall not be considered as part of a building, provided, however, that this shall not be construed, to permit any portion of a building to encroach upon the land of others.
4. PUBLIC WALKS. Before initial construction of the principal structure has been completed a concrete sidewalk with a minimum width of four (4) feet shall be constructed by the property owner in the street right of way parallel to the street curb(s), two (2) feet from the right of way and property boundary line, and the walk shall extend to the projection of property boundary lines into the street right of way and to street curbs in the case of property at street intersections.
5. UTILITY EASEMENTS. Easements, as shown on the recorded plat and right to entry to them, for installation and maintenance of utilities and drainage facilities are reserved. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation, maintenance or operation of utilities. The easement area of each lot and all improvements in it shall be maintained by the land owner, except those improvements of a public authority or utility shall be maintained by such authority or utility. The title to the land shall not include title to any utility facilities located within easements or streets. Neither the Developer, their successors or assigns, nor the operator of any public utility, shall be liable for damage to any plants, structure or buildings located in or on such easements or streets because of the installation or maintenance of the utility facilities.
6. OIL AND MINING OPERATIONS. No gas or oil drilling, gas or oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Reserve or portion thereof, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.
7. GARBAGE AND REFUSE DISPOSAL. No Reserve or portion thereof 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 clean and sanitary condition.
ARCHITECTURAL CONTROL COMMITTEE
1. MEMBERSHIP. The Architectural Control Committee is composed of J. S. Norman, Jr., Walter Mischer, and H. H. Norman, all of Houston, Texas. A majority of the committee may designate a representative of the committee to act for it in the event of death or resignation of any member of the committee. the remaining members shall have full authority to designate a successor. Neither the members of the committee or its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time after the expiration of fifteen (15) years from the date these Restrictive. Covenants are recorded, the then record owners of a majority of the residential lots shall have the power through a duly recorded written instrument executed by them to change the membership of the committee, or to withdraw from the committee or restore to it any of its powers and duties, or transfer al1 of the powers duties, purposes and functions of this Committee to the Forest West Home Owners Association in which event this Committee shall cease to exist.
2. PROCEDURE. The Committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, falls to approve or disapprove within thirty (30) days after plans and specifications have, been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
3. AUTHORITY. Specifically, but not by way of limitation, the Committee shall have the right and the authority to approve or disapprove, any of the building plans submitted to it in accordance with the requirements of these Restrictive Covenants; and to enforce these Restrictive Covenants, but not the obligation to do so.
1. TERMS. These covenants are to run with the. land and shall be. binding on all parties and all persons claiming under them for a period of forty (40) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed, and duly acknowledged, by a majority of the then Owners of the lots has been recorded in the County Clerk’s office in Harris County, Texas, agreeing to and changing said covenants in whole or in part.
2. ENFORCEMENT. The Owner, or Owners, of land within this subdivision, the Forest West Community Improvement Association, or the Architectural Control Committee may enforce these Restrictive Covenants by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
3. SEVERABILITY. Invalidation of any one of these covenants by Judgment of court order shall in no wise affect any of the other provisions which shall remain in full force and affect.
EXECUTED this 6th day of October, 1965.