STATE OF TEXAS )( )( COUNTY OF JACKSON )( RESTRICTIONS, CONDITIONS AND COVENANTS OF CAPE CARANCAHUA SUBDIVISION, BUSINESS PARK, A SUBDIVISION OUT OF THE NANCY McFARLAND LEAGUE ABSTRACT #2, JACKSON COUNTY, T EXAS FILED AS 165 -A IN THE PLAT RECORDS OF JACKSON COUNTY, TEXAS.
Cape Carancahua, Inc., the developer of Cape Carancahua Business Park for the benefit of all of the lot owners does hereby adopt the following restraints, covenants and conditions that sha ll apply to all lots in Cape Carancahua Business Park.
§ 1.0 1 No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or the subdivis ion. No person shall discharge any gun, pistol or firearm, air -rifle, air -pistol, or bow and arrow, activated by whatever means including gun powder, compressed air or gas, or spring, or cannon cracker or torpedo as the same are defined by laws of the S tate of Texas and no person shall discharge firecrackers on, over, or across any lot, street, or easement within the Subdivision.
§ 1.02 No cows, horses, sheep, goats, hogs, chickens, ducks, rabbits, or any other animals, or fowls or poultry, except hou sehold pets, shall be kept, staked, pastured or permitted o n any lot in the Subdivision.
§ 1.03 No part of the Subdivision or any lot herein shall be used for the dumping of rubbish, trash or other waste. All trash, garbage, and other wastes shall be ke pt in a sanitary container and shall be disposed of at regular intervals consistent with good housekeeping. All household and yard tools and equipment shall be kept out of sight in enclosed storage areas except when in use. All containers, incinerators o r other equipment for the storage or
od housekeeping. All household and yard tools and equipment shall be kept out of sight in enclosed storage areas except when in use. All containers, incinerators o r other equipment for the storage or disposal o f trash and/or wastes shall be k ept clean and in good repair.
§1.04 No use of any lot shall be made for any purpose that would result in the pollution of the waters above, below or adjacent to the surface of the Subdivision.
§1.05 No excavation for stone, gravel, or earth shall be made thereon except in connection with the erection of improvements.
§ 1.06 The owners or occupants of all lots of the Subdivision shall at all times keep all weeds and grass thereupon cut in a sanitary, healthful and attr active manner, and shall in no event use any lot for storage of material and equipment except when completely enclosed with a si x (6) foot privacy fence. Such owner or occupants shall not permit the a ccumulation of garbage, trash, or rubbish of any kind thereon. In the event of default on the part of the owner or occupant of any lot in the Subdivision in observing the above stated requirements, or any o f them, employees or agents of t he developer, or any lot owner in the Business Park, its and their successors and assigns may, without becoming liable to the owner or occupancy, in trespass or otherwise, enter upon such lot, cut, or cause to be cut, such weeds and grass, and remove or cause to he remo ved such garbage, trash, rubbish, etc. so as to place said lot in a neat, attractive, healthful and sanitary condition, and may bill either the owner or occupant of such lot for the cost of such work. The owner or occupant as the same may be, agrees
lace said lot in a neat, attractive, healthful and sanitary condition, and may bill either the owner or occupant of such lot for the cost of such work. The owner or occupant as the same may be, agrees by the purchase or occupation of any lot in the Subdivision to pay such bill or statement immediately upon receipt thereof.
1 Section II.
BUILDING RESTRICTIONS §2.0l No building, toolhouse , outbuildings, culvert , fence or other st ructure or improvement shall he erected, placed or altered on any lot until two copies of the construction plans and specifications, including specifications of all exterior materials and a plan showing the proposed location of the structure, have been subm itted to and approved in writing by the Developer. If the construction is not commenced within three (3) months of such approval, the approval shall he null and void unless an extension is granted in writing .
§2.02 No house may be constructed or cover ed with tar paper, metal or any other material other than that customarily used for the erection of houses, except that pier houses and boat houses, that are built on the water, may be of a new corrugated sheet metal. All houses shall have a minimum of o ne thousand (1000) square feet of living area, not counting stoops and porches . All construction must be of new material, except stone, brick, or other materials used for an antique decorative effect if such use is approved in writing by the Developer. No sheet metal or metal panels shall be used in any outb uildings unless such sheet metal panels shall have factory applied paint or be factory anodized. Any metal outbuildings, storage building or toolhouse not built by a commercial
be used in any outb uildings unless such sheet metal panels shall have factory applied paint or be factory anodized. Any metal outbuildings, storage building or toolhouse not built by a commercial manufacturer shall be of design, appearance, quality and materials comparable to those built by commercial manufacturers.
§2.03 All buildings shall be completed on the outside within six (6) months after construction is commenced, and if wood, they must have at least two coats of high grade paint or stain applied to the exterior , except where rough cedar siding is wood.
§2.04 All dwellings and other structures shall be kept and maintained in good repair and must be painted when necessary to preserve their attractivene ss.
§2.05 temporarily §2.06 §2.07 No outbuildings, basement or garage erected on any lot shall at any time be used for a dwel ling or camping or permanently.
Mobile homes of any type shall not be permitted in the Subdivision, on any basis.
Pickup campers are not to be taken off the truck and left on any lot.
§2.08 Metal storage buildings shall not be attached to a hous e. Old school buses or similar vehicles shall not be permitted.
§2.09 Each and every private drive way to an y lot in the Subdivision shall have a drainage structure there under and parallel to the roadway which provides an opening sufficient in sire and depth to permit free flow of water to the end that the same will not cause the impounding of water on othe r lots in the Subdivision, and will not interfere with the drainage in the Subdivision .
§2.10 All structures shall comply with all appli cable laws and building codes, as well as all the restrictions herein.
§2.11 No building shall be placed in any util ity easement as shown on the Plat Map of the Subdivision. No
mply with all appli cable laws and building codes, as well as all the restrictions herein.
§2.11 No building shall be placed in any util ity easement as shown on the Plat Map of the Subdivision. No building shall be located nearer than five (5) feet to any side lot line , nor nearer to the rear lot line than ten (10) feet nor nearer to the front line than twenty (20) feet ; for the purpose of installation or maintenance of utilities, including but not limited to gas, water , electricity, telephone, drainage and sewage and any appurtenances to the supply lines thereof including the right to remove and/or trim trees, shrubs or plants. This reservation is for the purpose of providing for the practical installatio n of such utilities as and when any public or private authority or utility company may desire to service said lots. Should utilities be installed in the rear property easement as herein reserved, each lot owner or purchaser agrees to in stall a gate in any fence that shall be constructed on such easement for utility company access to such lines, etc. All lots are subject to easements and restrictions now of record and are subject to any applicable zoning rules and regulations.
§2.12 Any reasonable damage by utility companies to any fence located in any utility e asement shall be borne .
2 by the lot owner or purchaser and not by the utility company.
§2.13 No removal of trees or excavation of any materials other than for landscaping, construction of buildings , driveways, etc ., will be permitted without the wri tten permission of the Developer .
§2.14 No water wells m ay be drilled on any lot.
§2.15 No lot purchase or owner of a waterfront lot in the Subdivis ion shall erect a dock, pier or piling adjacent
tten permission of the Developer .
§2.14 No water wells m ay be drilled on any lot.
§2.15 No lot purchase or owner of a waterfront lot in the Subdivis ion shall erect a dock, pier or piling adjacent to such a lot a nd or on in Carancahua Bay witho ut first obtaining written approval from the Developer and without first obtaining permits for the St ate Land Commission , the Texas Game and Fish Co mmission and any and all other governmental authorities hav ing jurisdiction o ver such matters .
Section III .
WATE R AND SEWAGE DISPOSAL SERVICE §3.01 No outside toilet or privy shall be erect ed or maintained in the Subdivision. The materials install ed in, and the means and methods of assembly of all sanitary plumbing shall conform with the requirements of the Heal th Department of Jackson County and of agencies of the State of Texas. No septic tank or lateral line will be placed within ten (10) feet of any water l ine. No sewage, nor effluent shall be disposed of, upon nor under any lot in the Subdivision except i n a septic system or other approved sy stem meeting the aforesaid requirements . Before any work is done, approval of said location must be first obta ined from the Developer .
Section IV .
GENERAL PROVISIONS §4.01 These protect ive covenants shall const itute covenants running with the land and shall be binding on and inure to the benefit of the owners and developer, their successors and assigns, and all persons claiming by, through or under them until January 1, 1995, after which time they shall be aut omatically extended for successive periods of ten (10) years each unless an instrument signed b y a majority of the lot owners in the Subd ivision has been recorded, agreeing to a change therein in whole or in part.
ded for successive periods of ten (10) years each unless an instrument signed b y a majority of the lot owners in the Subd ivision has been recorded, agreeing to a change therein in whole or in part.
§4.02 The protective covenants may be amended at any time after March 15, 1 995, by an instrument signed by the Developer, together with a majority of the lo t owners in the Subdivision.
§4.03 The restrictive covenants may be enforced by the Developer or any lot owner in the Subdivision eith er by proceeding for injunction or to recover damages for breach thereof or both .
§4.04 Anyone who has executed a contract for purchasing a lot in the Subdivision shall be deemed for all purposes hereunder to be the owner of such lot if they have under such contract the right to possession of such lot , whether or not such right is conditional or limited.
§4.05 If any provision or portion of these restrict ive covenants sh all be declared invalid by judg ment , court order or otherwise, it shall not effec t or invalidate any other provisions or portions thereof.
§4.06 Failure to enforce anyone or more provisions hereof shall not constitute a waiver thereof o r invalidate such provision or provisions .
3 STATE OF TEXAS )( )( COUN TY OF JACKSON )( AMENDMENT TO RESTRICTIONS, CONDITIONS AND COVENANTS OF CAPE CARANCAHUA SUBDIVISION BUSINESS PARK WHEREAS On March 13, 1985, Cape Carancahua, Inc. filed of record one certain Restrictions, Conditions and Covenants of Cape Carancahua Subdivision Business Park in Volume 662, Pages 488 -492 of the Deed Records of Jackson County, Texas and WHEREAS, I, John Curtis White, the undersigned. as President of Cape Caranca hua, Inc. wish to further amend said Restrictions, Conditions and Covenants
the Deed Records of Jackson County, Texas and WHEREAS, I, John Curtis White, the undersigned. as President of Cape Caranca hua, Inc. wish to further amend said Restrictions, Conditions and Covenants NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the Restrictions, Conditions and Covenants of Cape Carancahua Subdivision, Business Park, are hereby amended in the follo wing particulars: Paragraph 1.06 is hereby amended to read: The owners or occupants of all lots of the Business Park shall at all t1mes keep all weeds and grass thereupon cut in a sanitary, healthful and attractive manner, and shall in no event use any lot for storage of material and equipment except when com pletely enclosed with a six (6 ) foot privacy fence. Such owner or occupants shall not permit the accumulation of garbage, trash or rubbish of any kind thereon. In the event of default on th e part of the owner or occupant of any lot in the Business Park in observing the above stated requirements, or any of them, employees or agents of the Cape Carancahua Property Owners' Association, its and their successors and assigns may, without becoming liable to the owner or occupancy, in trespass or otherwise, enter upon such lot, cut, or cause to be cut, such weeds and grass, and remove or cause to be removed such garbage, trash, rubbish, etc. so as to place said lot in a neat, attractive, healthful and sanitary condition, and may bill either the owner or occupant of such lot for the cost of such work. The owner or occupant as the same may be, agrees by the purchase or occupation of any lot in the Cape Carancahua Business Park to pay such bill or statem ent immediately upon receipt thereof.
Paragraph 2.01 is hereby amended to read: No building, toolhouse, outbuildings, culvert, fence or other
Cape Carancahua Business Park to pay such bill or statem ent immediately upon receipt thereof.
Paragraph 2.01 is hereby amended to read: No building, toolhouse, outbuildings, culvert, fence or other structure or improvement shall be erected, placed or altered on any lot until two copies of the construction plans and specifications, including specifications of all exterior materials and a plan showing the proposed location of the structure, have been submitted to and approved in writing by the Cape Carancahua Property Owners' Association. If the constructio n is not commenced within three (3) months of such approval, the approval shall be null and void unless the extension is granted in writing.
Paragraph 2.02 shall be amended to read: No house may be constructed or covered with tar paper, metal or any ot her material other than that customarily used for the erection of houses, except that pier houses and boat houses, that are built on the water, may be of a new corrugated sheet metal . All houses shall have a minimum of one thousand (1000) square feet of living area, not counting stoops and porches. All construction must be of new material, except stone, brick, or oth er materials used for an antiqu e decorative effect if such use is approved in writing by the Cape Carancahua Property Owners Association. N o sheet metal or metal panels shall be used in any outbuildings unless such sheet metal panels shall have factory applied paint or be factory anodized . Any metal outbuildings, storage building or tool house not built by a commercial manufacturer shall be of design, appearance, quality and materials comparable to those built by commercial manufacturers.
Paragraph 2.13 shall be amended to read: No removal of trees or excavation of any materials other than
design, appearance, quality and materials comparable to those built by commercial manufacturers.
Paragraph 2.13 shall be amended to read: No removal of trees or excavation of any materials other than for landscaping, construction of buildings, dr iveways, etc., will be permitted without the written permission of Cape Carancahua Property Owners' Association, Inc.
Paragraph 3.01 shall be amended as follows: The last sentence shall be omitted and replaced with "Before any work is done, approval of said location must be first obtained from the Cape Carancahua Property Owners' Association, Inc." Except for this change, article 3.01 remains unchanged.
Addition of Parag raph 3.02 : In the event a governmental authority should require the installation of sanitary sewers and appurtenances in part or all of the Subdivision, the purchasers and owners of the lots in the Business Park agree to join with the Cape Carancahua Property Owners' Association, Inc. and/or the Cape Carancahua Water Supply Corporat ion in the formation of a util ity district to furni sh and provi de such required services and each lot purchaser and owner does appoint the Cape Carancahua Property Owners' Association and/or the Cape Carancahua Water Supply Corporation as their lawful at torney -in-fact to execute any and all instruments and take any and all necessary actions in their behalf to accomplish the creation of a utility district and the construction of the required improvements. Each lot purchaser and owner further agrees to p ay monthly charges for t he use of such system as established by the Texas Utilities Commission or its successor.
When and if a sewage treatment plant and collection system for the service of the Subdivision is provided,
r t he use of such system as established by the Texas Utilities Commission or its successor.
When and if a sewage treatment plant and collection system for the service of the Subdivision is provided, it shall be used as the sole mea ns of sew age disposal for such premises.
4 The additi on of Paragraph 3.03 : The Cape Carancahua Property Owners' Association reserves unto itself, its successors and assigns, or any governmental authority having jurisdiction there over , the right and privilege and an easement to use all streets and roadways, waterways, public areas and easements shown on the recorded plat of the Cape Ca rancahua Business Park, for utili ty purposes and surface drainage. In addition, Cape Carancahua Property Owners' Association, Inc. reserves unto itself, its successors and assigns, an easement for util ity purposes, i n , on, over and under a strip twenty (20) feet in width along the front of each lot in the Business Park a nd ten (10) feet in width along the rear and five (5) feet in width along each side of each and every lot in the Business Park.
Paragraph 4.01 shall be amended to replace , the word "D eveloper" with "Cape Carancahua Property Owners' Association, Inc."
Paragraph 4.02 shall be amended to read "The protective covenants may be amended at any time , after March 15, 1995 by an instrument signed by Cape Carancahua Property Owners' Assoc. together with a majority of the lot owners in the Business Park.
Parag raph 4.03 shall be amended to replace the word "Developer" with "Cape Carancahua Property Owners' Association, Inc."
The addition of Paragraph 4.07 : Cape Carancahua Property Owners' Association shall have the right to enfo rce
o replace the word "Developer" with "Cape Carancahua Property Owners' Association, Inc."
The addition of Paragraph 4.07 : Cape Carancahua Property Owners' Association shall have the right to enfo rce any and all of the protect ive covenants contained herei n, and pursuant thereto has the right to contract for the performing of services which will remedy the breach of any covenant herei n and assess the cost of said services against the particular lot owner involved. Each instrum ent of conveyance of any lot in the Subdivision shall make reference to these Restrictions and shall contain a Vendor's Li en in favor of Cape Carancahua Property Owners' Association, Inc. securing the performance of these Restrictions.
The addition of Parag raph 4.08: Cape Carancahua Property Owners' Association, Inc. shall approve in advance any construction proposed for any lot in the Business Park. The Association shall determine whether the same meets the specific requirements of these protec tive covenants. In addition, and with 1imitation, the Associati on on shall have the right to approve the type and size of the proposed structure, the quality of materials and workmanship, the harmony of the external design in relation to existing structures, a nd the location with respect to the topography of the property. The Association shall formulate an estab lished plan with regard to all such matters and shall make the same available to all lot owners.
The addition of Paragraph 4.09 : Cape Carancahua Pro perty Owners' Association, Inc. shall have the power in specific cases where, owing to special conditions, enforcement of one or more of these protectiv e covenants will result in hard ship to the lot owner, to make a special exception thereto, and may sub stitute
cases where, owing to special conditions, enforcement of one or more of these protectiv e covenants will result in hard ship to the lot owner, to make a special exception thereto, and may sub stitute other conditions therefore, so that the spirit of these protective covenants will be preserved.
EXECUTED on this 24th day of April, 1995.
STATE OF TEXAS )( )( COUNTY OF JACKSON )( COV ENANTS OF CAPE CARANCAHUA BUSINESS PARK to be the President of Cape Please return recorded instrument to: CARANCAHUA BUSINESS PARK to be the President of Cape Cape Carancahua Property Owners' Association, Inc.
HC02, Box 214 Palacios, TX 77465 5