aoe Z SOUS LC TE Soars _ EIS dite zotes 0 719883 WTA f © THE %7 OF TEXAS 1 ~ . 7 county Of ILVRRIS 1 | §2-24- ! Ho Sp ’ DECLARATION OF COVESANTS : CONDITIONS AND RESTRICTIONS BELNONT Pakk SECTION 1 Oe THIS DECLARATION, wade on the dace hereinafter set forth by HARRY W. REED, of Harris Couacy, Tense, hereinafter refercad Co AA “Declarant.”
UITNESSET MH: WHEREAS, Declarant 4s the fea sicpls owner of that certain tract of land containing 8.179) acres, more or lees, located in the John K. Black Survey, Abstract 134, Houston, Marries County, Taxaa, vhich hea heretofore been placted into a Subdivision known # BELMONT PARK, Section One, according to the map of eaid Subdivision f4ied for record in Voluoe 192, Page 106 of the Map Records of Harcis County, Texas, refarence to vhich im here wede for all purposes.
NOW, THEREFORL, Declaranc hereby declaces chac all of the proparcies described above shall be held, vold and conveyed subdject to the following essenents, reatric~ tions, covensentes, and conditions, which are for the purpose of protecting the valve and desirability of, and which adall evn with, the real property and be binding on all parcias having any right, ticle or interest in the deecribad proparties OF eny part thereof, their heira, successors ond s68igns, aod shall inura to the benefic of each owner thereof.
ARTICLE 1 OLTINITIONS Section 1. “apecetacion shalt acan and refer ¢o BELMONT PARK ASSOCIATION, @ Texas non-Profic Corporation, ite puccessoss ent azeigne. .
Section 2. "Omer" shell oean and refer to the record owner, whethar ove or more persons OF anticies, of a fee simple ticle to say Building Plat which fx a part of the Propercias, including concract saliers, buc excluding those having
refer to the record owner, whethar ove or more persons OF anticies, of a fee simple ticle to say Building Plat which fx a part of the Propercias, including concract saliers, buc excluding those having auch intereat aeraly as security for tha pacforeance of an obligation, Sectioa 3. “Properties” shell seas and cefar to thet certain real property hnaceindefore daucribed, and euch additions thearsCo a5 may hereafter be brought vithic the jurisdictian of the Association.
Section 4. “Common aAraa” ehall meon ail real property owned by the Aseoctact: for the coanoh uss ead enjoymant of the ouners. The Cosaon Area to be owned by the association shall rafex to those arees of land vithin the property ee shown upon the gecorded Subdivision map, together with all teprovagenté eitueced thereon, sxcept the individual Building Plots or Lota hereinbelow described, eubject hovever, £0 the eapemanta, limitacions, vestrictions, dedications and reservations applicable thereto by virtue hareofk and/or by virtue of the recorded Subdivision map.
Section $. “Busldiug Ploct or "Ler" aheil ean and cefer to each of the individual trects ef Land or veeubdivieloa of seme, into which the property (iscluding any added er annexed proparty), excepting the Common Area, haa been divided for the construction of townhouses theraon fot individual use end ownerehip, as ahown on the recorded Subdivision wary: .
Section 6. “Declarant” wnafl pcan, and rater to HARRY W. REED, his heirs, und aseigne qf euch heirs or asmigns pivald acquira wore than one undaveloped Building Ploc from che Declarent for the purpace of development.
ARTICLE 11 ’ . PROPERTY RICHTS Section 1, Quncr's Easements of Enjoyment. Every Owner chall have a raghe
uira wore than one undaveloped Building Ploc from che Declarent for the purpace of development.
ARTICLE 11 ’ . PROPERTY RICHTS Section 1, Quncr's Easements of Enjoyment. Every Owner chall have a raghe and eagamane of enjoymanc in and to the Common Aree ubtch shall be appurtanant to & shall pass wich ehe cicle fo every Building Ploc, evbject to the following provisio awe Ho stoNn eTre eta ft : [ od (a) che right of tha Axsocdhacsen CO chery, se table adalaestoa and other Feea for che use of any recreational fellas, tte 4 56 the Cownon Area; reasunable Rules and Reguistiona for the usa of <4. .uummn Acea and any recteational oc othec fectiteias skeuated chureon; (c) che e{ghe of the Association to suspend the voting rights and tight to use of the recreational or othar Lacilicias owned or epearatad by the Agacciacion by an owner for any pariod during which any asaesgment against his Building Ploc temains unpaid; and for @ pariod not co exceed 60 days for aay Infraction of {ts publighad ules and Ragulacions; (4) the righe of the Association co grant er dedicate any pert of tha Coemon Atea to suy public agency, authority, or utility for any aervica to the Properties of any part theraol; (a) tha right of tha Assoctat{oa to limit the number of gusts of Qmare using any porcion of tha Commva Acea and say recreational or other facilicies located thereon; (f) the righe of the Association, in accordeace with ita Articles of Incorporation or By-Laws, to borrow money for the purpose of improving the Common Arena and facilities and in aid tharaol to BOTT gaga eaid property, The rights of any much mortgages in aaid Propecties aheli be subordinate to the righta of the Owners hereunder;
improving the Common Arena and facilities and in aid tharaol to BOTT gaga eaid property, The rights of any much mortgages in aaid Propecties aheli be subordinate to the righta of the Owners hereunder; (g) che righe of the Associativa to contract for exclusive pervices @uch as vater, sanitary savege and crash collmctioa to each Building Ploc, Section 2. Delegation of Use. Any ovnar may dalagete, im accordance with the By-Lave, his right of anjoymenc to the Comecn Area and factlicies to che neah of hia femtly, hie canente, of concracce purchasers vho reside os the property.
Section 3. Parking Rights. In che evant a dwelling is on @ Building Plot which fa noc designed for on-site parking of autosobile(s) and parking 20 provide 4m the Common Ares, than ownership of each Buildiog Plot shall encitle the ovoer omnerea thareof to Cha ues of not sora than twe (2) sutomobile parking epaces, whs eball be aa near and conventent to seid Building Plot ee rassonably poastbla, tog: with the right of tngress and egress tn end upon said parking eras. The Associat abell pexmsneatly semign two (2) automobile parking apaces for each Building Plat The use of all other packing sresa eituetad ta the Common Area shall be ou ject to the excluaive control and managemenc of the Board of Diractere of the Asa: tion.
ARTICLE 1112 MEMBERSHIP AND VOTING RIGHTS Section 1. Members. Declarant and every owner of @ Building Plot which 41 subject Co asmeesmenc shall be a meabar of the Association, Membership shall be eppurtenanct to and way not be sapacated from auneruhip of any Building Ploc vhich Oubject te essagauanc.
E Section 2. Voting Righes. The Asesocietion shall heve two classes of votic manberehip.
Class A. Class A masbere ahall be all Owners with the axceptioa
any Building Ploc vhich Oubject te essagauanc.
E Section 2. Voting Righes. The Asesocietion shall heve two classes of votic manberehip.
Class A. Class A masbere ahall be all Owners with the axceptioa of the Declarant and shall be entitled to ona (1) vate for each Building Plet owned. When wore than ene pereon holds eo intarasc in any Building Plot. all auch parsona hall be members. The vote fat such Building Ploc ehall be exercised as they among thease’. « .ermine, but in no event shall more then one vote be cast #'.. .espect to any Building Plot.
V1 O%Clase A. The Clase B number(s) shall be the Declarant and ba phall be entitled to three (3) votes for eoch Building Plot owned.
In determining the number of Building Plots owned by HARRY ¥. REED for vocing purposes chare shall elso be counted the number of .
Rullding Plote owned by HARRY W. REED an any added oF annaxed prop~ arty 26 provided for in this necisration. The Clase B wanderahip shall cease and be converted to Class A membership on the happening of either of the folloving events, whichaver occurs gacliar: (a) when the gotal votes ouretanding t0 the Claas A moaberts equals the ratal votes outscanding in the Clase B nambera, OF Declarations, AATICLE TV OVENANT FOR MALNTENANCE ASSESSMENTS COVENANT FOR HAINTENATEE oe Section 1, Creation of the Lien end Yersons! Obigation of Agpesamence.
The Declarent, for each Building Ploc oumed within tha Properties, heraby covenante, and gech Ovoer ot any Building Pioc by acceptance of a deed therefor, whethar or not it shall be 60 expressed in uch daad, is deowed 6O covenant end agree to pay 6O the Aseociation: (1) ennval aaucasaencs OF charges, and (2) spectal assceowante
tance of a deed therefor, whethar or not it shall be 60 expressed in uch daad, is deowed 6O covenant end agree to pay 6O the Aseociation: (1) ennval aaucasaencs OF charges, and (2) spectal assceowante for copical improvements, auch sesesemants co be established and coljacted a@ hareinafcer provided. The annual and special ancesementa, togechar with interest, costa, and raesonabdle attornay's fass, shall be a charge on cha land and shall be a concinuing lien upon the property againes vhich each such agsesamont dis nada. Each such patessment, together with interest, coste, and reasonable accomey's Leas, shall also be the personal obligation of the person who wae the Omer of euch property at the time when the assessment tall due, The persons) obligation for delinquent mtsesaoenteé shall noc pase to his succeseote in title unless axpreassly ssounsd by thes.
Section 2. Purpose of Assasemente. he aanesouents levied by the Aseocietion ahall be used exclusively to promote che recreation, health, safety and welfare of the reaidents in the Propertias; the iaprovemant, operation, adainiatration, manase~ pant, preservation aud maincenance of che Cowmon Area end any part thereof; the pay mant of all expenses and obligetions Jawfully incurres by the Aseociation in connectic with the Coamon Aree ot services for alk Building Plote, including but oot limited to the cara and asintenence of any club house and other cecreational facilities which way hereafter be constructed for cha cogenon wee, benefit and enjoysent of the owners and/or occupante of the building plots which form eo part of the Properties; provided, hovever, thac Chis shsll not be construed aa creacing Any obligetion on the part of Declarant, Nis helra or aaaigns, Co consteuct euch club house and ocher racrestioasl
rt of the Properties; provided, hovever, thac Chis shsll not be construed aa creacing Any obligetion on the part of Declarant, Nis helra or aaaigns, Co consteuct euch club house and ocher racrestioasl factlictias.
Section 3, Haxinur Annual Acaseoamanc. Until January } of the year ionadiatel follaving the conveyance of tha firet Building pPloc to an Owner, the maximum enous) assesomant ehall be TRREE HUNDRED SIXTY AND NO/100 ($360.00) DOLLARS for each Busldin Plot, which ehall be due oad payable as provided nareinafcer, (a) From and after January 1 of che yeat f{umadistaly following the conveyance of the firet Building Plec co @n Oveer, the maxieum annual eneeaawant may be increaaad each year not wore than $% (euch percentage qneressa say be Cumm hacive frow yaer to yest) above the maximum sepecnment for the previous year vithout # vote of tha mesbarship, (bo) Frou and afar Jonuary 1 of the year demadietely following the conveyance of the firat Bufiding Plot te sn Ovner, the maxieun snnual aseesament may be {increased above 52 by the vote of vritcen easant of $12 of each claes of wenbers.
152-239-1683 at an amount not in axcess of vhe ovax (rum.
Seetson &. Spocial Assexsment?. for Capital Imorovement?s in Sduee'” * the annual spsesnments authorized above, the Aceociation way bevy, in any eescaen ment yeet, ¢ special astussmenc applicable co chat year only for tha purposs of defraying, in whole o¢ in part, the cost of any construction, reconstruction, repair of raplecemant of a capital sSaprovement upon tha Common Area, including tixcuces and personal property relatad thereto, rovided thar any such assossecnt
rovement upon tha Common Area, including tixcuces and personal property relatad thereto, rovided thar any such assossecnt Section 3. Noxice and Quotun Tor Any Action Authocized Under Sections 3 and &.
Atty action guchoeinzed under Section Jor & shall be taken ate peeting called for that purpose, wracten notice of which shall be aene to sli menbere not less than 20 days nor wore Chen 60 cays in advance of cha meecing. If the proposad ection 16 favored by a majority of the votes case st guch eceting, byt euch vote te tesa thas tha requisice majority of each close of eenbers, scabara who vera net preeent in parson o¢ by proxy May give their assent tn vritiag, provided the seme te obtsinad by the appropriate otficeca of tha Association not Jeter than 30 days {com tha date of auch menting.
Sectton 6. Uniform Rate of Aosessment. Both adnusl and special eseenumcnts shel} ba fixed at a uniform rate for ail Building Fiotes. Annual seseasnerta ohal) be made for each Building Plot at che rate of the full Annual Aasanament 2a Lollows: (e) Building Ploce owned by HARRY W. REED 2 se es etn * none thao MARRY W. REED for @ period of 12 eonths from date of conveyance of Building Plote troa HARKT W. REED (c) Svilding Pioce with «a coopiated xresidance gold to individual hoeebuyaté ee eee ee rere eet . - 19002 Section 7, Data of Coommencensat of Annual Aasessoente: Due Dates, The enue] asaassmants provided for herein shall coamcace as CO all Building Plote on the date (which shall be tha first gay of a month) fixed by the Board of Directors
f Annual Aasessoente: Due Dates, The enue] asaassmants provided for herein shall coamcace as CO all Building Plote on the date (which shall be tha first gay of a month) fixed by the Board of Directors of the Assaciacion co be the dace of commencement. Tha {iret annus) apsessment shall be adjuaced according ¢o tha nusber of months remaining in the colendar year. The Board of Directore shell fix the sacunc of che annual agsessmant ageinsr each Build= ing Plot ac least thirty (30) daya is advance of each annual ascessment period.
Written notice of the annuel asaeaangent shail be gant to every Omer gubjece thereto, The due datas shail be astabliahed by the Board of Directars and, unlese atherwias provided, the Ageockation shell collect esch month from che (amar of ech Bulldiag Plot ona-cvelfth (1/12) of the annual assessment for auch Building Pict. Tha Aspociation shall, upon deaend, aad for 6 reasonable charge, furnish a cercificate eigne: by an officer of che Association sacting forth wheather the aseeagments On & specifie Building Ploe have bean paid.
Saceson 8. Effect of Non-Pavment of Assgasmence: Remedies of the Asaocistto Any aaeeaament Aor paid within thirty (30) days after the dua Gate ehall beat inctere from the due dace at che race of 10 par cent per annua. The asaociation asy bring au action et lav against the Owner personally obligsted to pay the wert, ot forecloae che lian against Che property, Each such Omer, by hia acceptance of @ dead to m Building Plot, hareby expradsly vests in the Agssociacioa, oF dts agents, the right aad power CO bring all eccions ageinec such Omer personally for tha caijecm gion of such charges a6 & dabt and to enforce the aforanaid }ien by ail wechods
n the Agssociacioa, oF dts agents, the right aad power CO bring all eccions ageinec such Omer personally for tha caijecm gion of such charges a6 & dabt and to enforce the aforanaid }ien by ail wechods available for the anforcawsent of euch liens, including qudictal foreclosure by 60 action brought ta the name af the Asaociection in a like manser as @ MOTCRAES or deed of trust lien on reel proparty, ead auch Ovaar hereby expressly grants Ct the Assoctacion « power of sale in connection with aaid lien, The iten provided for is this section shall be in favor of the Aseocdactoa and ahadl be for the benefice of ail other Sutlding Plot ownera. No owner may walve of othervise ascape liability for che aseessmenta provided for harein by non-use of the Common Area oF abandonmen of hie Qullding Plot.
152-23-] 054 Section 9. Subdordinacion of the Lien to Norteesse. The lien of the ascesemunte —_— ee transfer of any Building Pict ghali not effec the asacsement lien. Hovever, the gale or transfer of any puilding Pict putauant te mortgege foreclosure of any proceading in ifew theceot, shall extinguish the Lien of euch srtessmencs ae to payments which became due prior ta guch pale oc transfer. No sale or transfer shall relieve auch Bullding Plot froe Liability for any Aveunemuentée thereafter becoming due of from the lien chereof, Section 10. Exempt Property. Ail properties dedicated ta, and accepted by, @ lecel public aothority end oil propercies owned by @ charitable of non-profit ergentration exempt from taxation by the lave of tha Stata of Texas ghail be exenpe {roa the assessments created herein. Novever, pe lead of iuproveaents devotad to dvelling vee shall be exept from said assesamenta-
empt from taxation by the lave of tha Stata of Texas ghail be exenpe {roa the assessments created herein. Novever, pe lead of iuproveaents devotad to dvelling vee shall be exept from said assesamentaSection LL. Inestance(a) The Boerd of Directors of tha Association shall obtain and concinue 1n affect blanket property dnaveance ta ineure the buildings and structures {a the Common Areae and che Association ageinat risks of joss oF damage by fire and other hacerde as ate covared under atandard extended coverage provisions, and said inn gutence BAy dnclude soverage egeinst vandalisa, (») The Board ef Ofraccore of the Association shail obtain comp rehacsive public lisbility ineurance io auch Jinite s¢ ae ehall agence and anployess, and aach Owner, Crom aod egainst Adabilicy 1A connection with ch Coasen Arass, ; (c} Fach Qmer shall be responsible ac hie own expense aud cost for obtatoing his oun personel insurence on tha buildiag and contents of his own ceoidanca, gerage, carport or perking spece and bie addicions and improvemants Chareto, including dacoreticone, gurnishinga end peveonsl property therein, end his pareonal propecty stored eleevhaera on che Properties; end for his personel Laabilicy not covered by daabilicy insvracce for all Ovnare obtained es @ part of the cosmon expenes, Rovever, iu Cha event chat an OQvnar, sfter writcen request of the Board of Dirwctorn, doen not aupply proof of adaquace coversge to the Boerd of Diraccore’ complete gatigfaction, the Board of Directors, of ata duly authorised ageot, shall heave che authority to and shall at ite Siscration obtain inaurence for such Ovnet’s townhouses agoinet hose oF dosage by fire oF other hacerde in an amount evtiicient to caver the
orised ageot, shall heave che authority to and shall at ite Siscration obtain inaurence for such Ovnet’s townhouses agoinet hose oF dosage by fire oF other hacerde in an amount evtiicient to caver the ful} replacewent cost of any repair oF recoostruction work in the event of damage oF deetruccion from any baxard. All ouch Gnaurance coverage house owner. Premiuas for insurance obtained by the board of Directorte on individual cownhovess shell not ba pact of the common expanse but shell bea an axpenes of che spacific townhouse or cownhouses @°o coverad and 4 debc oved by the Omar and shall be collactibla by any lavfvi procedure permitted by the Lave of tha State of Texas. In addition, if eeid dedt ie net paid within thirty (30) days after notice of euch debt, such amount phall avtomacically becoas 6 lien upon euch Owner's puilding plet and townhouse end shell continua to be @ lias until fully paid. This lian ahell be gubotdinate te the lien of any purchade money and/or ipprovessat mortgages and shall be anforceable ta the sans manner ag any liea created by failure to pay the eaintaensace assecseants. to the evant of damage oF daatcuction by fire or other casualty to eny ProP™ erty covered by insursace vrittan in the nese of the Ansochaction, the poatd af Directors, shall, with concurrence ef the morcgogest, if any, Upos vacaipt of the insurance proceeds, contract to cabuild or repett euch damaged oF deacroyed porcions of tha property to se good condition se other finanedal Anetitucion, the accounts of which bank or tnecitution are insured by # Federal govarnaantal agency, vith che proviso agreed to
other finanedal Anetitucion, the accounts of which bank or tnecitution are insured by # Federal govarnaantal agency, vith che proviso agreed to by said bank pe inecitucion chet euch funds sey de withdrawn only by aigpatuca of ac lsast oue-third (1/3) of the meabera of tha Boerd of Directors, or by an agent duly suthorized by the Board of Directors. The Board of pireccore, shell advectina for sealed bide with aay licensed contractors, aod then may Bagotisce with any contractor, whe shall be raquired to -$Ol Sat AV nd LE) ' 1 atrverion or cabuilding of such destroyed puilding or buildings. ta the event the insurance proceeds are insufficient to pay ell tha coata of repeiring and/ot rebuilding to the seme conditien as foraerly, the Board of Directors ahall levy ¢ upeciol ascessment ogeainet all owners of che damaged townhouses ia guch proportions 6% the Board of Directors decws fair and equitedle in the Light of the dasoge avetained by euch townhouses to taka up any deficiency, except thet the special sesass~ went ahall be levied against all townhouse owners, 80 astabliehed by Article IV, Sectioo 1, above, to make up any deficiency for repeir or rebuilding of the Common Ares not & phyedcal part of a townhouse unit.
Jo the event that such josurence proceada excand tha coet of repair and reconstruction, auch axcess ehall ba paid over to tha respective eortga~ geen and owners of tha desaged townhouses in such proportions as the Board of Directors deans {air and equitable tn the light of the damage puecained by such tovnhouses, In the event of danage or éeatruction by fire or other casvalty Co any townhouse, gerege, Carport, storage
f Directors deans {air and equitable tn the light of the damage puecained by such tovnhouses, In the event of danage or éeatruction by fire or other casvalty Co any townhouse, gerege, Carport, storage areé@ or other property covered by insurance written in the name of aa individual owner, eaid Ovner, shell, with concurrence of che mortgages, if any, upon receipt of the inavrance proceeds, contrect to vapair or ren build such demaged of destroyed portions of che garage, carport, actorage aces and exterior ef the toyvnhouse io 4 good vorkaanlike manner in conn foreance with the original plane and epecificacions of said tounhoves.
In the event such ovoer rafuses or faile to 60 repair end rebuild any aad all euch deaage tO the exterior of the townhouse, garage, carport and storage ares within thirty (30) daye, the Association, by and chrough 4te Board of Directore, is hareby irrevocably authorized by such Owasé to rapsir and rebuild any auch townhouse and gacage, carport and storage ares in a good and vorkmsnlika menner in conformance with cheir original plans aad specifications. The Ovner shall then repay the Association in the amount actually expended for such repaice, and the Association : ded above in this Section securing the paywact of inevrancea premiums; and subject to foreclosuces a8 above provided.
(da) All costs, charges and premiums for all insurance that che Board of Directors authorized 68 providad herein, except on tha individuel cownhouers, shel) be a commoa expanse of all Ovnere and be a part of che maintensace assessment.
Saction 12. Taxes. Each Omer shall directly render for taxation his ovn Building Flot and ieprovements and property thereon, and ehall at his own cost and
and be a part of che maintensace assessment.
Saction 12. Taxes. Each Omer shall directly render for taxation his ovn Building Flot and ieprovements and property thereon, and ehall at his own cost and expanse directly pay all taxes, levied or penassed against oF vpom his Building Plot aod improvementa ond property thereon. The Aasocistion shall reader for taxation and as part of the common expenses of #11 Ovnare ahall pay all texes levied of assassed against of upon the Common Ares and the isproveneate and property apper~ taining therate.
ARTICLE V ARCHITECTURAL CONTROL No building, fence, wall or ethar etructuté ghall be commenced, erected of maintained upon the Proparties, nor shell any exterior addition to or change of alteretion therein be mede until the plane and specifications shoving the natura, kind, ehape, hesght, estariale, color and location of the oame shall have been audaitted to and approved ia writing 68 to harmony of external design and location im relation to evrrounding structures and topography by che Board of Diractors of the Association, oF by an architectural commir ee comoosed af thsaa (3). of sore -eapraseatetives appointed bu the Posrd. “TH the event said Board, of its dasignated cnemicces, taria to approve or disapprove such design and jocation within thirty (30) days atter said plane and specifications have been submitted to it, approval will not be caquired and this Atcicle vill be deemed to have bean Eully complied wit!
\ w 152-239-1056 ARTICLE VU ———— MAINTENANCE AND REPAIRS “ =— —-—-— ection 1. Tha Ovnet.- The Over shall maintain and keep in good repair his Building Plot and the Teproverents thervon a& follows: {a) Ona the Owner'a Botlding Plot exterior to any building thereon,
—-— ection 1. Tha Ovnet.- The Over shall maintain and keep in good repair his Building Plot and the Teproverents thervon a& follows: {a) Ona the Owner'a Botlding Plot exterior to any building thereon, buc within the boundaries of the Butiding Plot including but not Linscad to the following? (the Too (es), exterior walls, foundactona, windows, doors, walka, Grives, pacio(s), fences, glass surfaces, haravare, gutters, down~ qpouts, alactrical, telephone, naturel gae and piusbing fectiitiaa, heating and cooling equipment, trees, landecaping, ahrubs, grese and all orher iaprovements On and in the Building Plec.
(b) In the Common Area, ail water, eanitery saver, telephone, patural gee, aod aicetrical service systane from tha point of Omer'e connection to the #ervice supplier's systaum CO and throughout the Building Ploc and its taprovemence; ell walke and Acivevuya for the eaclusive use of Owner’ suilding Plot between tha Building Plot and the Comaon Area drivea and volke.
{c) The Owner ahall not perform any ect or work thac pay dmpoir che etruccural soundnese of enother residence OF iepair any casemate or hereditament, nor do any act nor allow any condition to exisc on his d Building Plot vhich vill adversely affect the other residences OF their mete. * \y Section 2. The Association. The Association fe responsible for the maintenance and repaire to the Cocmaon Areoe a8 provided for vichion this documenc, but it te not respoaeible for avy of the cmer's responsibilities as provided ia Section 1 hereof. Hovever, the Associatios shell and does have rights in coaeection with the Ouner'a responsibilities and acte caleted Chareto af follewe: (a) In che avene the Omer does not perfore his responsibilities for maintenaoce a6 peovided in Section ) hareof or ae may be set forth
the Ouner'a responsibilities and acte caleted Chareto af follewe: (a) In che avene the Omer does not perfore his responsibilities for maintenaoce a6 peovided in Section ) hareof or ae may be set forth in the Rules end Raguletions of the Association adopted from time to tiee, the Association, upon approval of tuo-thirds (2/3) vote of the Board of Directors, ehall have the right, through ite agente and aaployeas, CO enter upon the Building Plot and co repekt, maintain, and restore the Building Foc aus ite Laprovewente. The cost of ouch work ehall be added to and baccea a pert of the asseasment Co which such building Plot ia subject.
(vo) Ina tha avant the need for saintenance oF repair of any Common Area which ordinarily would be the responsibilicy of the Aogocsacion is caused through tha willful of negligent act of the Qmer, hie fanily, uaate, invitees, auployeae, oF agents, the cost of such ssintanence of repeire ahall be added co and become & parc of the aceasseent to which the Building Plot of auch Omer ie aubject.
’ ARTICLE VIL VAMTY WALLS Kestion 1. funeral Rules of Law to Apply. Each wall which t6 budle a6 & part of the crigint coantruction of the howes upon the Properties an placed oo the dividfog linn O4rRes une Butlning Plots anall constitute @ party wall, aud, tw the extant not incoreiacent with che provisions of thie Article, sha atnerel rulvo af law ra~ garding perty walls and liability for property davege dua to negligence or willful acte or celaaione shali apply chereto. If a wall which 4a intendad a8 a party wall de @iturtes encireiy OF partly om oe combos Bub lding flot inataad of oo the divid!
Line vetvedn Powuhoues building plots, dua co error tc coastruction, auch wall gholl
ich 4a intendad a8 a party wall de @iturtes encireiy OF partly om oe combos Bub lding flot inataad of oo the divid!
Line vetvedn Powuhoues building plots, dua co error tc coastruction, auch wall gholl waver theless ha slecmed to be on the dividing lina and shall constitute 4 party wall for the purposes of this article. Recirrscal euseuents shall axiet upon ard in favet of the cdfoinsng covnhouse butiding plots for he paintenance, repair and raconetruc~ tion of pasty velle-: aS, 152-23-1G57 Section 2. Sharing of Repair and Maintenance, The cost of raasonsble rapair and maincenance of a patty wall shall be shared by the Owners vho maka use of the wall in proportion to such use.
Suction 3. Destruction by Fire ox Other Casualey. If « patty vall fs destroy or dawaged by fire or other casualty, any Omer vho hae used che wall may raatore it, and if the ocher Ovnars chereafter make use of the vall, they ahall contribuce to thw cose of restoration thereof in propoction to such use without prajudice, hovever, 60 the right of any such Ovneta te call for » larger contribution from the othara under any cule of lew ragstding liability for negligent or willful ects or omissions.
Section &. Weatherprooting- Notvichecanding any other proviston of this Article, af Quer who by hie negligent of wgliful act crusas the party wall to be axposed to the eleavnts shall baar the whole cost of furnishing che necessary protection ‘against such element.
Section 3. Right to Contribution Rung with Land, The right of esy Ovner te contribution Lrom any othar Ownet under this Article shall be appurteneat to the land ané shall pesos to euch Ovner's aucceesors in ticle.
Section 6. Arbitration. In the event of any diepute arising concerning
ion Lrom any othar Ownet under this Article shall be appurteneat to the land ané shall pesos to euch Ovner's aucceesors in ticle.
Section 6. Arbitration. In the event of any diepute arising concerning a party vail, or under the proviaions of chie article, each party shall choose one arbitrator, aod ouch arbitrators shall choose one additional erbitrator, and the decision ahall be by a majority of ell che arbicratora. Should any party refuse Co choose an arbitrator within ten (10) daya after written raquest therefor, the Board of Directors of the Association shall select an arbitrator for the refuning péerty.
ARTICLE VITE RE-SUBDIVIDING OF BUILDING PLOTS Any Building Ploe or part hareoft wey be re-subdivided or consolidated with ar adjoining building Plec or Bullding Plote or part ct parce thereof to constitute a eingla building plot on which a residence aay ba constructed, provided that the saa shall be approved by the Archirecrural Concrol Comaictes end shall comply with the winiaum eine requiranents established by tha Ciry of Houston.
ARTICLE IX USE RESTRICTIONS The Building Plots and the Common Area shall be occupied and used as follpws Baction 1. Residential Use. No Omer shall occupy or use his Building Plot or building thereon, or permit the ease or any part thareof to be eccupied or ueed for any purpose other chan 46 @ privece oingle family residence far the Owner, hia fewmily, gvesce and tanence ef not lewa chan 1200 square fant of floor area, maxsure through che exterior walla of the building. No Building Plor shell be used of occu for any business, commercial, trade of professional purposas either apart from of in connection with the use thereof as a rasidence. Thie ceecriction shall soc prev
Building Plor shell be used of occu for any business, commercial, trade of professional purposas either apart from of in connection with the use thereof as a rasidence. Thie ceecriction shall soc prev tha inclusion of ifving quarcera for bonelide domestic servants in ceonection vith the residance, Section 2, Obstructton of Common Arae. There shall ba no obstruction ot che Cownoh Ares, Bothing ahall be atored ta the Common Ares without the prio written coasent of the Board of Directors.
Section 3}. Ineutance. Wothing shall be done or kept in the Common Area which will increase the rate of ineucance on the Conmon Area, without the pricr written consent of the Board af Directora. Ma Owner ehall permic anything to be done o¢ kept ta the Common Area which will reeult in che eancallacion of tnsurance on any parc of the Comman Area, oc which would be in violation of any law. do vacte will be comaittad in the Common Aras.
Section 6, Nudnancen. Wo noxioue or offensive activicy shal] be carried on upon any Building Plot, of the Common Area, OcF ehall anything be done thereon which may ba or asy become an annoyance or nuisance to the ether Ovnere. No rapai —_ 1§2-23-1059 work, dismantling of avaerbdling of motor vebiclas oF any other machinery of equip~ ment shall be peraitted in any street, drivevay oF yord adjacent to @ atreat, OF in the Comnon Area. Ko vehicle shall be parked on wtreets or drivevays £0 a5 to obscruct ingrese and egress by the Owners of Building Ploca, their families, guests and invitees axcept for che reasonable needs of emergency, conetruction, or service Forcy=Cight (68) hours, family, guests and tnvitess of Ounace of Building Plote may
ergency, conetruction, or service Forcy=Cight (68) hours, family, guests and tnvitess of Ounace of Building Plote may park chest vehicles in the guest parking areas. Cusst parking ores are not incended for use by the Oners of Building Plots for parking or storing boats, trallure, comping units, or any personal vehicles and the Architectucal Conctro} Committsa may insure thea proper use of eeid areas in such legs} mannet a0 de deems necesaary.
Section $. Temoorery Structutee: No etructures of @ tamporary character, trailer, basement, Cent, ahach, barn, servants quatcercs oF other out buildings shail ba used on any Building Plot ac any ciwe se # cesidonce either tanmporarily or permanently; nor phall ery used veaidence oF other veed structure de moved onto any Building Flot. During the construction and sales period of the iaitial dvelling unite the buflder may erect and ealotaio auch structures aa is customsry in connection with such construction and esie of auch property, including, but without Jimitation, a buetnens office, atoroge erase, conetruccion yards, signs, model units and saleo offices.
Section 6. Signs. Wo eign af any kind shall be diaplayed to public view en any Building Ploc oc Building except one sige of nec wora than five (5) aquare feat in area advetcialng the werita of the property for eeala of rent. During che construerc$on and infeia) aales period of the duelling unite the builder aay use other signs end displays Co advactine the marita of the property for sale or tent.
Section 7. Oil and Mining Operations. Ho gee of of} drilling. gas or oil davelopecnt operations, off refining, Quarrying o¢ aining operationy of any kind
e the marita of the property for sale or tent.
Section 7. Oil and Mining Operations. Ho gee of of} drilling. gas or oil davelopecnt operations, off refining, Quarrying o¢ aining operationy of any kind shell be permitted upon or in any Building Ploe noc ahell of] walle, tenks, tunnels, minecal excavations o¢ shetcs be permicted upon of da any Building Pilot.
Section 8. Livestock and Povitry. No animale, Jivestack, or poultry of any kind enali be rafsed, bred o¢ kepe on any Bullding Ploc, excape that doge, cate of other household pets, not to exceed & total of two (2) pete, may be hept provided that they shall not become & nudjeance afd ere nat kept, bred, or maintained fot any commerchal purposes.
Section 9. Gacboge and Refuse Disposal. No Building Plot shall de used or maintained as dumping ground for rubbish, trash, gerbsge or other wasce shall be kept screened by adaquate plenting or fancing 60 a6 Co concesl then from public view. There te reserved in favor of the Associetion the determinacion of the mathod of gacbege disposal, that in, whether it shall be through public euchority or through priveta gerbage disposal con¢ractor(s). All wquipmenc for the scorage oc disposal of auch maceriele ahall be kept ia clean ond sanitary condition.
Section 10. Sewage and Wecer, Wo aavage treacment system nor water well shell ba permittad on any Building Plot.
Secrion 11. Use of Common Area. Except in enclosed arans on & Bullding Plot, no planting of gardening shall be done, and no fences, hedges or wells shall be erected ot mainteined upon the Propertiae except such as are inscallad in accordence with the initial construction of the buildings located thareoa or an approved by the Aanocie~ tion's Board of Diructocs or Cheit dacignated erchitectural committee. Except for
inscallad in accordence with the initial construction of the buildings located thareoa or an approved by the Aanocie~ tion's Board of Diructocs or Cheit dacignated erchitectural committee. Except for the cight of ingrase and egrase end the right end essemanc of anjoymant eo defined herein, the Ovnera are hereby prohibitad and restricted from using any of the Proparties outeide tha extecior propetty Linea of eech Butiding Plot, except o may he allowad by che Associacton's Board of Directors. Tt ia expresely acknoviedged end agreed by all parties concerned that thie paragraph is for the mutual banefit of al] Owners of tha Properties, ond any additions thereto, and io necessary for the protection of eaid Ovners. Haintenance, upkesp and tepaire of eny Butlding Ploc shall be sole responsibility of the individual owner end noc in eny manner the responsibility of the Aseociation, axcept as provided fo Article Vi. Any cooperative action nocéa~ @ary OF sppropriate Co the proper maintensnce end upkeep of the Coemon Area and the axterioca and roofs of the residences, tacluding but not lisited to, parking areas and walka, shall be caken by the Board of Diceccora ot by ite duly delegated yeprasantatives., 152-23--1059 Section 12, Outwide Ancennas, Without prior written apycovat ef the toatd of Directors, RO eatarior televisionw oF radio antennées of any crt stint, he piecal, Properties, not upon any structure situated upon che Properties other than te. 5-"1a4 for @ master antenna syaten, should any euch master system OF ByOteRs be utilized and require eny puch extersor antenns, Section 1). Non-Disceimination, Ne eceion shall ec any tine be taken by the
1a4 for @ master antenna syaten, should any euch master system OF ByOteRs be utilized and require eny puch extersor antenns, Section 1). Non-Disceimination, Ne eceion shall ec any tine be taken by the Association or ite Boatd of Diractors which in any mannet would diecriniaate egainst any Omer oc Omnats in Cavoe of the ochar mere.
Seceton 14, Annoyence- No activity shall be corried en upen any Building Seceton 14, Annoyent= Plac or the Common Atat which might reasonably be considered as giving annoysnce £0 neighbors of ordinary pensibilities and which night be calculeted to teduce the desirability of the Propercian an 6 ranidential neighborhood, aven though such activity be in the nature of & hobby and not catriad on for profit. The Board of Directors of the associetion shall have the sole and exclusive diecrecion to detecm mine what constitutes an annoyance, ARTICLE X EASEMENTS Section 1, Construction. Each Building Plot ond the Property included in the Comeon Area shall ba subject Co on essemant foc encroschwants created by construction, eettling and ovachengs, 68 designed or constructad by tha Declarant. A valid eaneeant for said encroschaence and for che asintenance of sawa, co long os it staods, ehall 6nd doas exist. In the event the structure containing tvo (2) of more raei~ dencee is partially or totally destroyed, and then rebuilt, the Owners 8° affected agras thec minor ancroachmence of parts of the adjacent renidential unite or Cocnon Areas due to construction ghall be permitted and that « valid easamenc for said encroachment and the maintenance thereof ohall exisc, Section 2. ucility, Energency end Association, Thera io haredy created a blanket aad perpetvsl eesemant upon, across, ovet, under and above all of the Prop-
nt and the maintenance thereof ohall exisc, Section 2. ucility, Energency end Association, Thera io haredy created a blanket aad perpetvsl eesemant upon, across, ovet, under and above all of the Propertian for ingress, agrees, inetallecions, replacing. rapeiring and asincaining al) utilicses, dacluding buc not lieitad to vetert, severe, g26, telephones and e@lecetricit and a master television antenns system, if any auch syscem is inetalled. By virtue of thia asseeent, i¢ shall be axprasaly parmiseible for the providing electrical and/ telephone company to arect and maintain the neceesary poles and other necessary aquip ment on asid propetty and co affix and maincaia electrical end/or telephone wires, circuits and condulté on, ebova, ecrons and under the reofs end anterior walle of paid casidencas. An essamact ie further grantad to all police, tire protection, eobulanca, garbage ond trash collector pick-up vehicles and all niailer persons to antar upon the Common Aree in the performance of their duties. Further, ea aose~ mant fe hereby granted to th Amsoctacion, its officers, agents, employees, and to any manegenenc company eelacted by the Association ta ancer in or to ctove over the Co@aon Ares and any Building Ploc to petform che duties of maintenance and repair of the residence or Common Aree provided for herein, Motwithatendiag anything to the contrary contained in the patagreph, no sevara, electrical lines, water Anes, er other utilicies may be inatelled ot relocerad oa the Fropertias except 4° initially progresmed and approved by the Declarant ot theraafcer approved by Daclecant or the Aseoctation’a Board of Directors. Should any utility furnishing & eecvice covered by tha general aesement herein provided requeat @ apecitic eaacmant by
rant ot theraafcer approved by Daclecant or the Aseoctation’a Board of Directors. Should any utility furnishing & eecvice covered by tha general aesement herein provided requeat @ apecitic eaacmant by separate recordable document, Declarant or che Ansociation ehall have the right to grant such easanent without conflicting with che teres hereof, Tha easemancte prom vided for in thia Article shall in no vay atfect any other xvecorded easement on aaid pranises.
Section 9%. Vaderground Ucilaty Servicas.
{o) Underground Eleecric Service. An underground electric aiatribucior eyotem will be installed co aetvicea eech of the Auilding Flots. Tne Owner of each Building Ploc, ac hia ovn coet, shell furnish, tnetell, own and maincair (all im accordance with the requitesanta of local governing guthoritias ead the Kactonal Llectriced Coda) the underground service cable ead appurtanance!l - 10 = t 1$2-29-1680 from the point of che electric company’s metering on customer's atructure to the point of ettachnent at such company's inatailad transforaurs oF anergized secondary junction boxes, such point ef actachment to be sade avatiabla by the electric company at o point designated by auch company ac the ptoperty tine of aach Building Plot. The electric company furninhing service phell make che necessary connsctiona 4t gaid point of actachwent and ot the wacer- In addition the Owner of each Building Plot shall, at his own cost. furoish, instell, own and maintain a water loop (in accotdanca with the than curcent standards and spacificecions of the alectric company furnishing sarvice) for the location and inateliatian of the meter of such electric company for the residence constructed on such Ouner'a Building Plot. For wo long 46 underground service {a maintained,
rnishing sarvice) for the location and inateliatian of the meter of such electric company for the residence constructed on such Ouner'a Building Plot. For wo long 46 underground service {a maintained, the electric service ¢o each Bullding Plot shall be uniform in character and exclysively of tha type known as single phase, 120/240 volt, three wire, 60 cycle, alternating curreat.
(be) Talevphone Service. falaphone service shell be available for each Butlding Floc and the Common Area, Service becvean che celephone coapany'a main lines end an individva) reaidance shall he by vay of undargtound condult.
(ce) Wacar Service, Water parvice ehall be provided for each Building "loc by way of a water dtate{bucion system owned by the Aneociation.
(4) Sanitery Sewer Service. Sanitsry sever earvice shall be provided for each Building Plot by means of a canttery sever collection syatea omed by Che association.
(a) Ucitlity Bilte. Lach Bullding Plot Omar shall directly pey at hie own cost and expessa for ali gaa, electricity acd ocher utilities used or consumed by hia, The coot of domentic water and sanitary aawet aervice provided ta aach Building Plot shell be paid for cut of the funda collected by tha Assacistioa.
(f£) Use of Eapenents, Easements for underground utility earvices may be crossed by drivevays ond walkways provided the Daclarant makes prior arrengemanta wich the ucilicy furnishing service. Such easeaents for underground services shall be kept clear of all ocher improvenente, includiog buildings, patios, of othar pevings, other than croosing walkveye or driveways, aod neither Declarant nor any utility Company using the easements shell be Liable for any damage done by either of them or their aceigns, thair agente, employees, or aarvants, fo shrubbery,
driveways, aod neither Declarant nor any utility Company using the easements shell be Liable for any damage done by either of them or their aceigns, thair agente, employees, or aarvants, fo shrubbery, treee, flowers, ox other ieprovements of thea Omer locatad on the land covered by said edaecnents.
Section &. Changes and Additione to Eapements, The Declarant reserves the Fight to sake minor changes ond addicione to the above eseementa, a6 CO any Butlding Plots owmed by it, for the purpose ef efficiently and economically dostalling end aparating above mentioned utilities.
ARTICLE XI GENERAL PROVISIONS Section 1. Enforcenent. The Assactation, of aay Owner, shail have the right to enforce, by any proceeding st lav o¢ in equity, all rastrictlons, conditions, covenants, raservations, \tens and chargee now of hereaftar dmpoeed by the provisions of this Declaration. Failure by the Asuociacion ar by eny Owner to anforce any covenant or restriction harein contained shall in no event ba deanad » waiver af the right to da ae thereafcar.
Section 2. Severability. Invalidation of any one ef cheea covenants oF restrictions by judgment or court ordar ahell in no wise affect any other prom viedone which mhali remein in full force and effect.
Section 3. Duration. The rights, vee eapewants and privileges of the Ovnere in and to the Common Area as provided for herein ahall be deawed to ba covensnts running with the lend and shell be of perpecual duratton. All othar proviaions, cestrictions, covenante énd conditions of this Declaration shall rua vith and bind cha land, for a term of twenty (20) yeate from the date thie Declaration 1 =i] _——— Sateen ah recorded, after which timc they ahsll be avtomatically extended for successive
th and bind cha land, for a term of twenty (20) yeate from the date thie Declaration 1 =i] _——— Sateen ah recorded, after which timc they ahsll be avtomatically extended for successive pertoda of ten (10) years. This Declaration may da amended ducing the tbrst ewency (20) year period by an (netruncne signed by not isos than asnaty (902) per cent of the Rullding ¥loc Owners, and thercalter by an inetrunent signed by not leve thas seventy-five (73%) pat cent of the Building Ploc OQvwnecs. Any Amend= ment gust bc recorded to the Deed Records of ttierds County, Texas.
Section &, Amendments by Declarant, The peclarant reserves and shell have the right at any time and from time to cine, without the joinder or consent of any Omer or any other pereon, ce amend thia Declaracion by an inatcunent in writing duly signed. acknowledged and filed for record, for the purpose of correcting any typographical error, ambiguity oF inconsistency appearing in thie Declaration, provided that any puch arendaant shall ve consistent with and in furtherance of the general plan and achema of davelopmant of evidenced by this Declaracton, and shell not ispeir the vested property rights of any home ovnet of hie wortgeste: Scecton S, Annexatsan. Addicsonal pasidenciel proparty and Commca Area nay be annexed to the Prepertias.
(a) Wich the coasent of cwo-thirds (1/3) of each clase of maubere.
(bd) Additsonal land vithin the area conveyed and deocribed in Deed recorded undec County Clerk's Fila Ko. D-479226 tn che Official Public Records of Bes] Property if the office of the County Clerk of Warri¢ County, Texse, wsy be anncaed by the Declerant vichouc the coosent of other Omera vithio cen (10) yaore of the dace of recording of thle dnecrument.
roperty if the office of the County Clerk of Warri¢ County, Texse, wsy be anncaed by the Declerant vichouc the coosent of other Omera vithio cen (10) yaore of the dace of recording of thle dnecrument.
(c) The annexation oF additon asy be accomplished by the execution and filing for record by the owner of the property peaing added or annexed of en ingtrument which may be called “ARTICLES OF ANNEXATION” which ehall ac }easc set out and provide jn substance: the nace of the owner of the property being addad o¢ annexed who shall ba called che “Decleranct'; the periaatec description of tha proparty being added of annexed whach for dascriptive purposes may be designated ov the second of thicd, atc., as che case may be, section of BELMONT PARK; the description of the Lote and of the Coamon Aree of tha propercy being added or annexed and the xighta and eacementé of the Owners in and to the Common Arana; chat che property ia being wedded of ennaxad in accordance with che provisions of this Declaration of Covenants, Condiciones and Reacrictions, and that the property being anncaed shall be developed, held, used, sold and convayed in accordance with end avbject to the provisions ef thie Declaration of Covenants, Conditions and Restrictions; that ell of tha provieione of the Declaration of Covenaaté, Conditione and Rastrictioos shell apply to the praparty being added or annexed vith the oame force ond effect am Sf paid property vere originally included therein ae part of the original developmant; that the praparty being addad or ennexad te gubmitted to the juriedicrion of tha Association vith the sams force and effect aa of said property vere originally included in this Decleracion of Covenants, Conditions ead Re-
ng addad or ennexad te gubmitted to the juriedicrion of tha Association vith the sams force and effect aa of said property vere originally included in this Decleracion of Covenants, Conditions ead Reetrictions ae part of the originel devalopaent; that the "Comson Area” of the propercy being added or annexad will ba conveyed to the Associatioa, aubject to the rights of the Owners tharein, prior to the sale of the ficat Building Plot in the added or annexed property; and, auch Articles of Annexation way contein such other provisions which are not inconsiotant with the provieions of this Declacation of Covensnte, Conditions and Re~ atrictions or the gencrel schees OF plan of development of BELMONT PARK an @ ranidential developsent. Kothing in thie Decleracion shall be conecrued to represent oF faply chec Declarant ie under any obligetion to sdd or annen additional property to this residential development.
record and the Common Aran of the annexed property has baen conveyed to the Association, 66 herainadova providad, the annexation shell be deamed accomplished acd che annexed ores shell be a patt of the Propertias and subdjact co each and all of the provisions of this Declacation of Covenents, Conditions and Restrictions and ta the juriediction of the Ansociation in the sama manner and with the eame force and alfect ae if auch annexed property hod been originally included in thia Daclar~ ation of Covenants, Conditions and Reatcictions as part of the initial developnaent.
- ile 15S2-23- 1062 (e) After audieiuns oF annesationa ara made to the develapecnt, all scscssments collected hy the Apeoctacion from the Ownara in the annexed areas shall be commingled with the esneaaments collecced from
e) After audieiuns oF annesationa ara made to the develapecnt, all scscssments collected hy the Apeoctacion from the Ownara in the annexed areas shall be commingled with the esneaaments collecced from all ochce Ovnare 60 ghat there shell bo cagaon Maincenance Fund for the Properties.
Section 6. Rights of tortgagees, Trustees o¢ Lienhei ters: No violaciens of any of these Teostriccions, covenants or conditions, phall atfect or impair the rights of any Morcgagee, trysten, of Lienhalder under any mortgage OF deed of trust, oc the cights of any aasigace of any Mortgeget, Truscas oc Lienholder under any puch woccgace or dead of crust.
Section 7. Nedicectons. Tie aforesnid recorded plac of BELMONT PARK, Sectica One, dedicates fos usa an auch, avbjact to the limitations set forth therela, certain atreecs shoun thereon, and such plat, eatablishes certain dedicattona, limitations, reservations and restclecions spplicable to the Properties, Easements affecting the Yropercies are hereby reserved as shoun of the recordad plat above referred to for the installerian, operation and maintenance of uetiieies and drainage facilities.
All dedications, Limirations, restrictions and reservectiona shown on said plat are ancorporaced herain and wade a part hereof we tf fully set forch herein, and ehall be conatrued ag being adopted ia aach and every contract, dead o¢ conveyence executed ef co be executad by oF on behalf of Declaraat, conveying eeid property oF aay part thereak.
Bection 8. Joinder of Lienholder. The undersigned Lienholder joing in the axecucion of thie tastrument for tha purposes of avidencing its consent and agraement to the establishment of tha foragoing restrictions on tha land deacribed Derein, .
/ ¢ IN WITNESS WHEREOP, the deraigned, have hereunto eet their
tha purposes of avidencing its consent and agraement to the establishment of tha foragoing restrictions on tha land deacribed Derein, .
/ ¢ IN WITNESS WHEREOP, the deraigned, have hereunto eet their WARRY W,/ REED MAIN RY: Joe eident "LIENHOLDER" re.)
we EXD a ER2\: bal gem necosnens Piaget Suse $ E= toe ve oat yaa tare Ww =a — EL THE STATE OF TEXAS 1 wi “ «2 COUNTY OF HARRIS I BEFORE HE, the undacaigned authority, en this ds y poraonally appeared HARZY .
REED, known to me to be the person whose oame is subscribed to cnetreetiding gnetruweat, and ecknow) ae papa eee to me thac he executed tha seme for the purposas and coocaiderat nt ; Notary Public in and\for arrise County, TEXA -19=-- AR -1¢53 BEFORE ME, the underatgned, @ Notety Publge in and for said County and State, on this day personally appeared Sunn G. Willy , known to ma to be counvy of Waris I the pereon ant officer whore nana te subscribed to the foregoing inetrument and achuovledgad to me chat the sama was the act of che said MAIN BANK OF HOUSTON, « corporation, and thar he executed tha soma a6 the ace of such corporetion for the purposes and consideration therain expressed, and ia the capacity therein etated, GIVES) UNDER MY HAND AND SEAL OF OFFICE ente (RU day of Oblate a a, D., 2972.
Boe laras IaVe ral PP etary Fublic in ond for Rerrta County, TERKAS.
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RESTRICTIONS RET a p839435 > AMENDMENT TO DECLARATION OF COVENANTS, uN TO INFORMATION ques KNOW ALL HEN BY THESE PRESENTS 3 COUNTY OF HARRIS I x WHEREAD HARRY W. REET Lopozed chat. pertain Geclaructod of Covwurresz—ien Seem -
5 > AMENDMENT TO DECLARATION OF COVENANTS, uN TO INFORMATION ques KNOW ALL HEN BY THESE PRESENTS 3 COUNTY OF HARRIS I x WHEREAD HARRY W. REET Lopozed chat. pertain Geclaructod of Covwurresz—ien Seem tioaa and Reatrictione upon all Buildicg Plote and Common Aress in Belmont Pack, Section 1, by inet rument racorded under County Clerk's File *. P-719363 in the Official Public Records of Real Property in the office of the County Clerk of Harrie County, Texas, reference es whteh fe here cade for all purcposca, and WHEREAS, HARRY W. REED ta the amer of all Buliding Pilots, and BELMONT PARK ASSOCIATION, & Texas corporetioca, {a tha owner of the Common Areas, located within Belmont park, Section 1, 4 Subdivision in Harrie Coumty, Texas, according to che replat thereof recorded in Volune 203, Page L111 of the Msp Records of Harris County, Texas, and WHEREAS, 1 nov appears that certain apendmente should be wade to said Restrictive Covenants to inaure a@ more volform and pro,er use of Belmont Park, Section 1, and WHEREAS, it is the denire of Harcy ¥. Reed and Belmont Park Aseociation that the hereinafter desertbed amendments be carried out and effected; THEREFORE, HARRY M, REED and BELHONT PARK ASSOCIATION, a Texas corporation, acting herein by and through ita duly authorized officers, do hareby amend the ia~ strumenc recorded under County Clerk's File Na. p-719383 in the Offichal Fublic Records of Real Property fn the off ies of the Uoueepet thet Harris County,” fexue, in the follewing particulars! .
1.
ARTICLE VI, HALNTENANCE AND REPAIRS, beginning at the top of Page 1 of the aald Reatrictive Covenanta, 1¢ hereby amended by deletion and substitution of words therein an that from and after the date af this instrument such ARTICLE VE shall read as follows:
p of Page 1 of the aald Reatrictive Covenanta, 1¢ hereby amended by deletion and substitution of words therein an that from and after the date af this instrument such ARTICLE VE shall read as follows: Seucion 1. The Association.
a CONDITIONS ANO RESTRICTIONS : y BELMONT PARK, SECTION 1 59-29-0044 po 0 “STATE OF TEXAS 1 o 1SS~29-004:, Coazon Arana, the Association shal} provide extactor eaincenancs upon aach Building Flot which és subject to assescuent hereunder 46 Lallowa: paiac, repair, replace (but noc in the event of Fiza, or other caevalty Joos normally covered by dveaurance of tha pramioss) and care for roots, gutters and domepouca,. (if any), axtertor bullding surfaces, fances, grees, abrubs, gress, valks and other exterior ieprovenante. Such axtariar minteneance aball not incivdes giess surfaces, enclosed patic areas (if any}, window and door fixtures and hatdvace, Jandscapicg taetellead by Quer (ff any), exterior Light fixtures opecated {rom 4 cenidence, ait condiftianing equipment, ucdiity coepany secera, edrevit breakers and avicch panels, aaoitery saver, gas and elactric power ser~ vice linea.
In the event the need for paintenance ce repair is caused through che willful or nagiigent ect of the Omer, tin family, of gvescs, or invitees, che coat of euch melatanance of xepaizre shall be added to and bacoes 6 part of the aesnsanent to which such Building Plot ta subject.
Seccion 2. The Qmer. The Omer shell aaintain aad keep in xepair the following equipeant and lines located outside the yeaidence: afr conditioning coapreeeor condenser, including pipes and elactrical lines connacting ¢ame to tha pesidence, sanitary sevar line connecting the residenca ta the sanitary saver collection syates,
nce: afr conditioning coapreeeor condenser, including pipes and elactrical lines connacting ¢ame to tha pesidence, sanitary sevar line connecting the residenca ta the sanitary saver collection syates, eleceric power sarvice conductors frou the exterior of the building to the poiac of connecting te the electric utility company's junction box or transforver, electric circult preakers, any portion of astural gas, and/or telephone parvica lines located oo the Building Plot but boc maintained by the gas end/or talaghene companies.
An Ovnay shall do no eck mor any work that vill impair the structural soundness iutegrity of gnathear residence or inpaiz any easement or hecedi{camant, Aor do any act aor allow any eondicioa to exter which will adversely affect che other yeeidences or their Owoers.
Ia the avent ag Quer de ceaponaible for certain exterior maintenance ss provided berein of as set forth io the Rules and RaguIscions of che Asgoctetion and auch Omer shall fail co maintain the renieas and the improvements ettuated thereon in a mannec patistactory P , to the Board of D : (2/3) vota of tha Board agents and employees, thereon. The cos EZNCEFORTH, th ex-. ¥ile Ho of the County Clerk of Raccia said azwended ARTICLE VI had b tt ta agreed by all Declaration of Covenants, except sa herein specifics HARRY > Join fa the axecution of thi sent ond agreame and Reatrictions, @P —_— necnaoenre {rectora, the Assoctation, to enter upon said Bul maintain, and rescore Pen} t of auch excar1ot maintenan become part of the ageeoc=37 e aaid Reatrictive Covenants , D-719383 fia the official parties to the execution Conditions lily amended, shall renain € Ww, REED and BELMONT PARK mt to the anendmenta he rel ratifying aad adopting the af plicuble to Belmont Pat’ THESS WHEREOF, the
fficial parties to the execution Conditions lily amended, shall renain € Ww, REED and BELMONT PARK mt to the anendmenta he rel ratifying aad adopting the af plicuble to Belmont Pat’ THESS WHEREOF, the this HO- day of mafich , A. Dey 1973.
= ag Deri: fae eaeweret ae (tot ead ewes.
I38-29-0046 after approval by two-thirds of Directors, shall have the right, Ulrough 123 lding Plot and co repalt, Building Ploc and any ioprovemencs erected ce ahall be added to and + eo which such. Building ‘yioc Le aubjecte .
aaa mean aaa recorded under County Clerk's Public Racocds of Real Property in the of fice Uounty. Texas, shall be construed a4 though the een written therein.
hereof that the original and Restrictions, Belmont Park, Section l, {fective and unchanged.
ASSOCLATION, and the below named lienholder, 5 inatrument for the purpose of evidencing their sonn made, and for the further purpose of of Covenants, Conditions oresaid original Declaration k, Section 1, as hereby amended, have executed thie inatrument parties hereto President Preaideat Meas ins Cashier gp wOUM: taotrameet were TUR DD PA 3 42 4 ostt y : I5S-29-0047 ” qWe STATE OF TEXAS = I To Berdas if, the underaigned SSS, i: Ev, on thts day personally appeaced HARRY a.
‘ E ‘ W. REED, known to me to be ths person shose name is subaccibed to che foregoing soe _ - instvmenc, and acknowledged to ae that ha executad the sase for the purposes and : , . Fecctteeatics therefla expressed: al 2.)
. ate impen HT HAND AND SEAL OF OFFICE this 30 day of mMaachk " 7 a Le! Web aaTy cnt Public in and t Hucrie County, a4 TEXAS qu STATE OF TEXAS COUNTY OF HARRIS J { BEFORS HE, the undersigned, a Notary Public 1g and fcr said County and State, z eeD_Y , President, on this day personally appeared
nd t Hucrie County, a4 TEXAS qu STATE OF TEXAS COUNTY OF HARRIS J { BEFORS HE, the undersigned, a Notary Public 1g and fcr said County and State, z eeD_Y , President, on this day personally appeared kmow to m to be the person and officer whose nace is subscrihed to the foregoing duet rument ane acknowledged to me that the same was the act of the said PRLMONT PARK ASSOCIATION, .. a corporation, and that he executed the same aa the act of such corporatee a wont and consideration therein expreaaed, and Ln the capacity / sgeat sco HY HAND AND SEAL OF OFFICE thls BC _ day of moagert 7 ris County, in and for TEXAS.
ublic Seg THE STATE OF TEXAS I COUNTY OF HARRIS I BEPORE ME, the undersigned, a Notary Public in and ioc wald County and State, on thia day persooally appeared M. John G. Willy, Vice, Presidenc, knam to me to be the person and officer vhose name ts gubactibed to the foregoing inatcucent and acknowledged to me that the sama waa the sct of the said MAIN BANK OF HOUSTON, a corporation, and that he executed the same ae the act of auch corporetion tor the, purposes and consideration therein expressed, and in the capaclty ' therein ‘stacede, . oe ie GIVEN, wep HAND AND SEAL OF OFFICE this fA) Lh, jay of WMabole—* a Leettal Notary Public ln and for Harcie County, TEXAS.