DOC #2019043 ACKNOWLEDGEMENT OF RENEWAL, AMENDMENT AND EXTENSION OF RESTRICTIONS STATE OF TEXAS § § COUNTY OF MONTGOMERY § WHEREAS, Peter Nuttall and Mary Nuttall filed restrictions for each origina!
property sale in the CUMBERLAND ESTATES, Montgomery County, Texas, and, WHEREAS, we the undersigned property owners have signed this document renewing, amending and extending the above-mentioned restrictions on our respective properties, and, WHEREAS, the Original ‘Restrictions’ is amended by deleting paragraphs numbered II (a), (b) and (d), Ill (a) and (b), IV, V, VI, X, XV and XVII, and, WHEREAS, the ‘Amendment to Restrictions’ is amended by deleting paragraph numbers IV and XVI as follows: Amendments to Original ‘RESTRICTIONS’ (EXHIBIT A) (1) All provisions as set out in II (a), (b) and (d) of the aforementioned original instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(2) All provisions as set out in Ill (a) and (b) of the aforementioned original instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(3) All provisions as set out in IV of the aforementioned instrument and in subsequent pages thereof, are hereby amended.
(4) All provisions set out in V of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(5) All provisions as set out in VI of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(6) All provisions as set out in X of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(7) All provisions as set out in XV of the aforementioned instrument and in
t in X of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
(7) All provisions as set out in XV of the aforementioned instrument and in subsequent pages thereof, are amended to delete “dwelling” and be replaced with “building structure’.
(8) All provisions as set out in XVII of the aforementioned instrument and in subsequent pages thereof, are hereby amended.
(9) Whenever the word “restrictions” is used shall be construed to include conditions, covenants, reservations, easements and/or agreements.
Amendments to ‘AMENDMENT TO RESTRICTIONS’ (EXHIBIT B) All provisions as set out in IV of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety.
All provisions as set out in XVI of the aforementioned instrument and in subsequent pages thereof, are hereby deleted and cancelled in their entirety and amended.
The properties affected by the Original “Restrictions” and “Amended Restrictions” are the ones listed below, with the signatures of the property owners.
Lots One (1) through Four (4) of Cumberland Estates, a subdivision in Montgomery County, Texas located out of and a part of the John N.
Thomas Survey, Abstract No. 5149 recorded in Volume 797, Page 1199 of the Deed Records of Montgomery County. Said lots being more , particularly described by metes and bounds in the aforementioned Peter Nuttall Mary Nuttall THE STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Peter Nuttall, known to me to be the person whose name is subscribed to the foregoing instrument, and to me that he executed the same for the purposes consideration therein expressed.
sonally appeared Peter Nuttall, known to me to be the person whose name is subscribed to the foregoing instrument, and to me that he executed the same for the purposes consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 22nd day of May, 2019.
aun, MARCY YARDAS Ts} My Notary 1D # 124009802 0 : od Expires October 23, 2021 THE STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Mary Nuttall, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 22nd day of May, 2019.
MARCY YARDAS Ee isi My Notary ID # 124009802 eae Expires October 23, 2021 \ clu te an Fi Coe, VL 7730/ 05490: A sw Poe PY L.— ev TUT me 499 *S, Lets One (1) through Fo vohn 4. Thomas | Survey, Abstrac No. 549 in “Montgomery County, Texas.
THE STATE OF TEXAS § . : THE KNOW ALL MEN BY THESE PRESENTS: COUNTY OF MONTGOMERY § / ‘THAT I, BRUCE J. CALDWELL, SR., not joined by my wife as this property does not constitute my homestead, either residential or business, hereinafter called "GRANTOR", being the owner of that certain tract of land in the amount of 6.9401 acres out of the JONN N. THOMAS SURVEY, A-549, in Montgomery County, Texas, and being more particularly deocribed by metes and bounds tn Exhibit "A" attached hereto, which has heretofore been platted into that certain subdivision known as Lots 1 through 4 of CUMBERLAND ESTATES, an unrecorded Subdivision in Montgomery County, Texas, and desiring to create and carry out a uniform
tofore been platted into that certain subdivision known as Lots 1 through 4 of CUMBERLAND ESTATES, an unrecorded Subdivision in Montgomery County, Texas, and desiring to create and carry out a uniform plan for the improvement, development and sale of all of the atin dn caida CUMBERLAND ESTATES for. the benefit of the present and future owners of said lots dees hereby adopt and establish the following restrictions, reservations, covenants and easements ? to apply uniformly to the use, occupancy and conveyance of all .
lots in CUMBERLAND ESTATES and each contract or deed which may be hereafter executed with regard to any of the lots in said : CUMBERLAND ESTATES shall be conclusively held to have been executed, delivered and accepted subject to the following reser~ vations, restrictions, covenants, easements, liens and charges, regardless of whether or not said reservations, restrictions, covenants, easements, liens and charges are set out in full in said contract er deed.
RESERVATIONS There shell be and are hereby reserved in Grantor the following rights, title and easements, which reservations shall be considered a part of the land and construed ‘as being adopted in each and every contract, deed or other conveyance executed or to be executed by or on behalf of Grantor in the conveyance : of said property or any part thereof; “easements and rights-of-way, which easements and rights-of. property owners in the subdivision to allow for the construct’ other utility or service which Grantor may find necessary for “\ eee / #B0F gO cya, TOT nec 00 37 3% ' “Sake = enn i 3 Grantor reserves the right to convey necessary utility way are reserved for the use and benefit of Grantor and the ion, maintenance and operation of a system or systems of electric
% ' “Sake = enn i 3 Grantor reserves the right to convey necessary utility way are reserved for the use and benefit of Grantor and the ion, maintenance and operation of a system or systems of electric light and power, telephone lines, gas, water, sewers or any nw meet ntat acto he : the proper service of lots in CUMBERLAND ESTATES.
2.
‘Grantor reserves the right to impose additional restrictions and dedicate additional easements and street rights-of-way on 3 any unsold lots or building sites 4n CUMRERLAND ESTATES, such .
restrictions to be imposed and such easements and pighte-of-way to be dedicated either by instruments in writing duly recorded in the Office of County Clerk of Montgomery County, Pexas, or incorporated in the deed from Grantor conveying the lot or building, site in CUMBERLAND ESTATES to be so additionally restricted or subjected to such-easement or risht-of-way. » 5." .
Neither Grantor nor any utility company using the above mentioned easements shall be liable for any damages done by either of them or their assigns, agents, employees or servants to shrubbery, trees, flowers or other property of the owner eee situated on the land covered by soid oasements.
4, = It shall be and is expressly agreed and understood that the title, conveyed by Grantor to any lot ot parcel of land in said CUMBERLAND ESTATES by contract, deed er other conveyance ghall not in any event be held or construed co include the title ‘to the water, as, sewer, storm sewer, electric light, électric power or telephone lines, poles or conduits or any other utiitcy or appurtenances thereto constructed by Grantor or utility companies through along or upon the easements, pr-atses or any =Qu 2 de.
: ee aden paiement erat
ines, poles or conduits or any other utiitcy or appurtenances thereto constructed by Grantor or utility companies through along or upon the easements, pr-atses or any =Qu 2 de.
: ee aden paiement erat + —remammaenine an a9 2m atthaputnanmannentrminparndtnnseiinaiteumntnninmennates hnmctannce te trite eames ems: He So remanent aaNinmaindent 68S ap i aot eenn nema oe eeremncaneemtneton te mati ot wm atemenerenprnertnnonnnnmnmcnainiiamnennetinnns creme = oS va 197 nec OVE part thereof to serve said property or any other portions of COMBERLAN: ESTATES and the right to maintain, repair, sell or lerde such lines, utilities and appurtenances to any public service corporation, or to any other party, is hereby expressly reserved in Grantor, Sit At, such time as seventy-five per cent (75%) of the lend area in CUMBERLAND ESTATES shall be solid or deeded by GFantor, then the lot owners in CUMBERLAND ESTATES may hy vote, as hereinafter provided, appoint or elect a committee of not less than two (2) membern to be known an the CUMBERLAND ESTATES COMMITTEE, hereinafter referred to as the "Committee". Each member of the Committee must be a lot owner ‘in CUMBERLAND ESTATES, Each lot owner shall be entitled to one (1) vote for each lot (or for each building site conforming to the provisions of Paragraph Tit. of the Section hereof entitled “Restrictions™) to which he tken holds record title. Grantor reserves the right tobdea permanent. member of such committee, said right to bear the same duties and responsibilities as the other members of the committee.
Grantor shall be obligated to arrange for the initial election of such Committee at such time (after the sale of seventy-five per cent (75%) of the land area as hereinbefore set out) as two or
mittee.
Grantor shall be obligated to arrange for the initial election of such Committee at such time (after the sale of seventy-five per cent (75%) of the land area as hereinbefore set out) as two or more lot owners ‘in CUMBERLAND ESTATES request in writing the call of such election. Thereafter, the Cowalttee shall also be obligated to arrange for elections for the removal and/or replacement of Committee members wher so requested in writing by two'or more lot owners in CUMSEFLAI" ESTATES. ‘The Committee way also call such an election wichin its om discretion. / Such election (or any other election for the removal or replacesent of Committee wenbore) shall be governed by the following: The Committee (or Grantor until such Committee is initially elected) shall serve written notice of such election to each of the then lot owners in CUMBERLAND SSTATES by addressing such notice by registered mail to the last known address of such owners at least two weeks prior to such election, therein apprising said owners of the time and place of said election. Votes of owners shall be S x . A .
afi “a Mak. axes ae +70 ey SMe ee TR meet ” -- mee -ya. 197 e502 evidenced by written ballot furnished hy the Coumittee (or Grentor) and the Comittee shall maintain said ballets aa e persanent record of such election. Any owner may appoint a proxy to cast his ballot in such election, provided that his written appointment of such proxy is attached to the baliot as e part thereof.
The results of such election shall be determined by the majority vobe of those owners then voting. The appointment or @lection of the Committee and of any removal of replacement of members thereof shall be evidenced by the recording of an appro-
ned by the majority vobe of those owners then voting. The appointment or @lection of the Committee and of any removal of replacement of members thereof shall be evidenced by the recording of an appropriate instrument properly signed and acknowledged by a majority of the then property owners voting in such election. ‘The Committee, when creeted shall function as representatives of ali the property owners in CUMBERLAND ESTATES to assure against deprectation of the property values in seid addition by giving its attention to the matters hereinafter set out as proper functions of such committee, and shall be authorized to: .
1. Collect and expend, in the interest of the subdivision as a whole, the Maintenance Fund hereinafter created. , 2. Enforce, by appropriate proceedings, these covenants and restrictions. , 3. Enforce or release any lien imposed on any part of this subdivision by reason of a viglation of any of these covenants or restrictions, or by reason of failure to pay the maintenance charges herein provided for.
k, Approve or reject plans and specifications for improvements, to be erected in CUMBERLAND ESTATES, all of which must be submitted to and approved by it prior to the soanercunent of eonstruction of any such improvements, in accordance with these restrictions.
5. Employ from time to time an architect or architects for advice and consultation with reference to plans and specifications for any improvements to be constructed in CUMHERLAND ESTATES and to pay such architect or architects for their advice in connection with cuch matters out of the Maintenance Pund, & sum of or sums of money which the Committee deons to be apprdpriate, Members of the Committee may, at any time, ‘be relieved of de esi crcwrcpe cen’ erecta aetna A416 ent Bx. A.
mae | ' { | :
Pund, & sum of or sums of money which the Committee deons to be apprdpriate, Members of the Committee may, at any time, ‘be relieved of de esi crcwrcpe cen’ erecta aetna A416 ent Bx. A.
mae | ' { | : Smumternenimenmnes = er ers .
t Reem me ve TU? ne SUS their position and substitute mesbers therefor appointed by vote as above set out: Upon the death, resignation, refusal or inablity of any member of the Committee to serve, the remaining members of the Comaittee shall fill the vacancy by appointment, pending further action by the lot owners, Until such time es: a Committee has been formed, as above provided for, the Committee shall be comprised. of two (2) members to ve designated by Grantor. Such Committee shall have the right to act within the authority granted -to the Committee under these restrictions and covenants. Weither Grantor nor any member of the Committee shali ever be liable to any person, firm or corporation for any action taken with reference to the matters hereinabove set out in this section of thts instrument or for any action (other than fraud and theft) taken with respect to the collection and/or administration and/or expenditure of monies belonging to the Maintenance Fund hereinafter provided for, the acceptance by any party of a deed to any lot or buliding site in CUMBERLAND ESTATES shall constitute such party's coveran: and agreement that such liability shall not exist.
MAINTENANCE CHARGE Each lot, or building site conforming. to the provisions of 2 Paragraph III. of the Section hereof entitled’ *RESPRICTIONS", is hereby subject to an annual maintenance charse of not more than of creating a fund to be known as thé "MAINTENANCE FUND", to se
", is hereby subject to an annual maintenance charse of not more than of creating a fund to be known as thé "MAINTENANCE FUND", to se paid by the owners of each and all of the sites tn said subdivision, beginning January 1, 1973. The amount °° ..3 charge wili be due date of said charge. The maintenance charges levied by the Committee shail te paid tc the Commi: :- ‘ shall be held by i¢ in trust and used for the tenelic sf all owners\!n CUMBERLAND ESTATES, and such sum may be expended by the Committee for any purposes, which in its judgment, will be most effective in maintaining the property velues in CUMBERLAND ESPATES including, but not s Lge a eee ae neem cenenr enti Sate Smt etammnten meme oe Ne by way of limitation, the lighting, landscaping, improving ana necessary or desirdble, which in the dpinion of the Commatted; ' ag vaste wey pepe noose wa ful ne 54 maintaining the streets and roads in CUMBERLAND ESTATES, c@3recting and disposing of garbage, ashes or other refuse in CUMBERLAkD _ESTATES, employing policemen, and/or watchmen, caring far vacant lots and trees thereon, foxging or spraying for seontne1 of mosquitoes and other insects, and in doing any othep thing will keep the property neat and presentable, or for any atnes purposes which the Committee considers will benefit the ownéts or occupants of property in CUMBERLAND ESTATES. drantoy dées not bear the responsibility of paying the maintenance sharge for all unsold lots in CUMBERLAND ESTATES. 7 To secure the payment of the Maintenance Charge levied against
UMBERLAND ESTATES. drantoy dées not bear the responsibility of paying the maintenance sharge for all unsold lots in CUMBERLAND ESTATES. 7 To secure the payment of the Maintenance Charge levied against each lot, or conforming buflding site, a vendor's lien is hereby reserved by Grantor, said lien shali te enforceable through appropriate proceedings at law -- “ranctcr until such time as the Committee 18 formed pursuant to the prov: stons hereof, after which such time said lien shall be enforceable oy tne Committee. Grantor does hereby subordina‘ ; lien securing said Hatntensnes Charge to the lien or liens of any bona fic: “ender who hereafter lends monies for the purchase of any lot in said addition, and/or for the senstruction and/or permanent financing of any improvements . aazy such Lot...
fhe 0,7408 acre tract described below, consisting ef a 32 foot private roadway known a3 CAMBRIDGE COURT. and & private park locared 4s nereby dedicated fcr the use and benefit “in' common of alt the " property owners of Lots Cre (1) through Pour aN nf CUNBERLEND ESTATES. In this connection Leen ated te % ‘the event the af" Lyate park ever ceases to be used for same, then ... 2nat evens said park area shall revert to and become the praperty of Grantor, his heirs and assiens forever.
A 0.3408 acre tract of land out of a part of that certain , 7.693 acre tract of land out of a part of the John N. ‘ EX A 6. Gl ma TUT 50S Thomas Survey, Abstract Ho, 5489, Montromery County, Texas, conveyed to ARUCE J. CALDHELL, SR. and wife, MANCY H.
CALDWELL by instrument recorded in Volume 698 at Paze 610 of the Montgomery County Deed Records, to which reference ts herein made, said tract of land more particularily described as fe .lows: .
CY H.
CALDWELL by instrument recorded in Volume 698 at Paze 610 of the Montgomery County Deed Records, to which reference ts herein made, said tract of land more particularily described as fe .lows: .
BEGINNING at Champion Paper & Fibre Co. monument no.
410, same being the Southeast corner aforesaid 7.693 acre tract of land; . ‘ THENCE North 89 deg. 54 win. 46 sec. West. 662.00 ft.
along the intra North boundary of the Champion Paper and Fibre Co. tract and the South boundary aforesaid 7.693 acres to a 1/2" steel rod at the East rightof-way line of Old Mastiolia Road; .
THENCE North 22 dem. 37 min. 18 see. East 283.17 ft.
along the East boundary of Old Masnolia Road te a 1/2* steel rod at the intersection of Old Marnolia Road with a private roadway known as Cambridee Court,said 1/2" steel rod beine the “Place of Sezinainsg® of herein described tract; THENCE along the curved richt-of-way of private roadway a curvelinear distance of 307.44 ft. to a 1/2" steel rod situated at the East line of 014 Mamnolie Road; THENCE South 22 dex. 37 min. 18 sec. West at 32 rt, past the most Northerly South Tine of Cambridge Court, a total distance of 218.70 ft. along the Vest boundary of tract deserited and along the East right-of-way line of 014 Magnolia Road to the PLACE OF BEGINNING containing within these metes and bounds 0.3408 acres of land more or lese.
RESTRICTIOUS | No residence or auructiines (including by way. of example but ot by way of lim{tation, fences, walls, air conditicding towers ad swimming pools} or any additions therete, or any alterations sereof, shall be erected, renovated or re-constructed, placed r suffered te be placed or remain apon any premises comprising art of CUMBERLAND ESTATES until the architect's detailed plans
alterations sereof, shall be erected, renovated or re-constructed, placed r suffered te be placed or remain apon any premises comprising art of CUMBERLAND ESTATES until the architect's detailed plans wi specifications therefor, together with the outside color sheme thereof, have been approved by the Committee. Such plans id specifications mist accurately reflect the size, ‘tooation and tpe of the structure, including the materials to be used in any wrovements comtemplated, together with an accurate plot plan rowing the grading plan of the lot, the grade elevation of said ildings and structures, and the location of same with respect > the lot lines, and front, side and rear set back lines, and the itside color scheme to be used on any inptovenents to be erected 1 CUMBERLAND ESTATES, A true copy of ail such plans and specifiBx. A.
Wid stiona and details shal2 te lodged permanently with the Committee id any buildings or improvements which are thereafter erected AL SONU tte ahcaiabnemetiament ntanim sagan niente #8 Fate i : shall conform in detail to such plans and specifications. It is provided, however, that if the Commmittee neither approves nor rejects such plans and specifications in writing within thirty (30) days after filing of the same with the Committee, ita approval thereof shall be implied.
II.
(a) No building shall be located nearer than 100 ft. to the front lot lines 'nor nearer than 50 ft. to the side street lines.
In any event, no residence shall be located on any lot or building site nearer than fifty (50) feet to the side line of any such lot or building site. If any two or more lots or fractions thereof are consolidated into one homesite, in conformity with the provisions of Paragraph III. hereof, the building setback restrictions
h lot or building site. If any two or more lots or fractions thereof are consolidated into one homesite, in conformity with the provisions of Paragraph III. hereof, the building setback restrictions shall be deemed to apply to such resultant homesite as if it were one original lot.
(b) No garage placed on any lot or building site in CUMBERLAND ESTATES may face or open toward any street or road, where such street or road is a boundary of such lot, except with written consent of the Committee.
(c) No fence, wall or hedge shall be placed on any lot in CUMBERLAND ESTATES nearer to the front of lots in said subdivision than is permitted for the main residence on such lots. The location, height, type and design of any fence or wall in CUMBERLAND ESTATES shall be approved in writing by the Committee prior to construction.
(4) No road or driveway shall be constructed upon any lot which has as one of its boundaries the Old Conroe-Magnolia Road, where such road or driveway would provide access from the Conroe-Magnolia Road.
ΙΙΙ.
(a) No lot or lots in CUMBERLAND ESTATES shall be re-subdivided in any manner except as provided in sub-paragraph (b) of this Section III. next following.
(b) Any person owning two or more adjoining lots in CUMBERLAND ESTATES, may subdivide or consolidate such lots into building aites, : : : : : ΕΧ. Α.
8/14 “so 797 e507 with the privilege of placiagx ot constructing Inprovements, as permitted in the next following section hereof, on each such resulting building site, provided any such re~subdivision or conoclation from , such re-subdivision shall have a land area of not less than two acres of land.
Iv.
Any residence constructed in CUMBERLAND ESTATES must have a living area of not less than 2,500 square feet for one story
h re-subdivision shall have a land area of not less than two acres of land.
Iv.
Any residence constructed in CUMBERLAND ESTATES must have a living area of not less than 2,500 square feet for one story dwellings and not less than 3,000 square feet for more than one story dwellings, exclusive of open or. screened porches terraces, driveways, carports and garages.
Vv.
All lots or building sites in CUMBERLAND ESTATES shall beused for single family residential purposes only, arid no structure shall be altered, placed, erected or perwitted to remain on any lot or buliding site except one single family residence, which shall not exceed two stories in heiaht and a private sarane, which shall not exceed the height of the residence in stories or overall nal Ene. and which may contain living quarters only for.
bona fide servants.
VI.
No mobile home, tent, shack or other temporary structure shall ever be erected, ‘placed or ‘maintained on any Let or building.
arected on any Ilet or suilding site tn CUMBERLAND ESTATES, shal2 ‘4 at ug time used fer human or animal habitation (except by bona fide servants, as stated) temporarily or permanently. This provisjon does not exclude parking of mobile homes on property owned by lot owners, provided it 1s uninhabited and.is parked within 25. feet of the rear side of a lot or building site at the point of ite greatest depth. Further, this provision does not exclude erection of permanent bona fide servant and/or guest housing, animal stables and tack rooms, or workshops, provided; however, such structure are B XK.
4 Gl4 approved following the procedure outlined in Section I hereof and
t and/or guest housing, animal stables and tack rooms, or workshops, provided; however, such structure are B XK.
4 Gl4 approved following the procedure outlined in Section I hereof and are erected generally behind the main house structure.
VII.
No nuisance shall ever be erected or suffered to remain upon any site or sites in said subdivision, provided, however, that the Committee shall be the sole and exclusive judge as to what constitutes a nuisance.
VIII.
No trash, manure, garbage, putresoible matter or debris of any kind shall be dumped or permitted to accumulate on any lot, the occurance of which shall be remedied by the Committee in the manner set out under Section IX below.
IX.
: Each owner of a lot in CUMBERLAND ESTATES binds and obligates himself through purchase of such lot to maintain the same at his own cost and expense in a neat and presentable manner. Each lot owner obligates himself to keep the grass, vegetation and weeds on his lot cut soften as may be necessary to keep same in a neat and attractive condition. In the event any purchaser of a lot in CUMBERLAND ESTATES should, in the opinion of the Committee, fail to maintain his lot in a neat and attractive manner, said Committee will notify such owner in writing of any objectionable, detrimental or unattractive conditions existing on such lot and request such owner to eliminate same. In the event any such owner shall fail to eliminate any objectionable, detrimental or unattractive conditions existing on such owner's lot within fifteen days after receipt of written notice from the Committee specifying such objectionable or detrimental conditions, then, in such event, the Committee is authorized to eliminate such conditions and charge
ays after receipt of written notice from the Committee specifying such objectionable or detrimental conditions, then, in such event, the Committee is authorized to eliminate such conditions and charge the cost of same to such lot owner, and any such expense incurred by the Committee in such event shall be added to, be a portion of, and secured in the same manner as the Maintenance Charge assessed against such lot for the following year. In the exercise of the aforementioned power to climinate any objectionable, detrimental or unattractive conditions should a lot owner fail to do so after : EX.A.
10/14 ναι 797 PAGE 509 being duly notified, the Committee shall not be liable, and is hereby expressly relieved from any liability for trespass or other tort in connection with or arising from such action.
x.
No sign, advertisements, billboards or advertising structure of any kind may be erected or maintained on any lot without the consent in writing by the Committee. Grantor or members of the Committee shall have the right to remove any such non-conforming sign, advertisement or billboard or advertising structure which is placed on any lot without such consent and in so doing shall not be liable, and is hereby expressly relieved from any liability for trespass or other tort in connection with, or arising from such removal.
!
: ΧΙ.
No privy, cesspool or outdoor toilets shall be placed or maintained on any part of the property in CUMBERLAND ESTATES and all indoor toilets and baths shall be installed with and connected to a septic tank or sanitary sewer which must be approved by all state, county or city health authorities having jurisdiction. The drainage of septic tanks into road ditches, either directly or indirectly, is strictly prohibited.
ΧΙΙ.
hich must be approved by all state, county or city health authorities having jurisdiction. The drainage of septic tanks into road ditches, either directly or indirectly, is strictly prohibited.
ΧΙΙ.
No hogs, goats, chickens, cows, horses or other animals carrying an offensive odor shall be domiciled on lots in CUMBERLAND ESTATES, nor shall other farm and domestic animals be maintained for propogation and subsequent commercial exploitation; however, not more than two (2) horses may be kept upon Lots Two (2) and Pour (4), provided that adequate fences and stables shall be maintained upon such building site (said fences and stables to de approved by the committee).
XIII.
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon any building site, nor shall any wells, tanks, tunnels, mineral excavations or shafts de permitted upon any building ..
EX.A.
11/14 i site. No derrick or other structure designed for use in boring for oil, or natural gas, shall be erected, maintained or permitted on any building site, XIV.
The use or discharge of pistols, rifles, shot guns, other firearms, explosives or fireworks is expressly prohibited on any part of CUMBERLAND ESTATES.
: : : : XV.
Each lot on which a dwelling structure is located shall be subject to a monthly charge by the Gulf States Utilities Company at their standard rates for such charge for street lighting services. This charge will be included in the monthly bill from Gulf States Utilities Company, in addition to all other charges such lot owner may incur for electric service, as outlined in Gulf States Utilities Rate Schedule RLU. Rate Schedule RLU is subject to change without notice.
Company, in addition to all other charges such lot owner may incur for electric service, as outlined in Gulf States Utilities Rate Schedule RLU. Rate Schedule RLU is subject to change without notice.
Any purchaser of a lot in CUMBERLAND ESTATES, understands and agrees that only underground electric service at 120/240 volts, single phase, 3-wire, will be available for said lots and that the locked rotor current of any motor connected to this service will be limited in accordance with standard service practices of Gulf States Utilities Cry and no above surface electric service and ans wires will be lied outside of any structure. All such purchasers of saic lots understand and asses that underground electric service lines will extens s in order to zerve the residences crereca, and said area above said underground lines, and extending 2 1/2 feet to each side of said underground ; lines, shall be subject to excavation, refilling and ingress and ecreas for the installation, inspection, repair, replacing and removing said underground facilities by the utility company, and said purchasers shall ascertain the location of said lines and keep the area over the rose of sats tincs free of excavation and clear of structures, trees & other obstructions.
: XVI.
These covenants and restrictions shall run with the land, and EX. A.
12/14 iw TUT me SLL , itl be binding upon Grantor, his successors and assigns, and alk sons or parties claiming under it, for a period of twenty-five rs from the date hereof, at which time they shall be automat~ lly extended for successive periods of ten yeersé each, unless.
or to the expiration of any such périod the then owners of a arity of the land area in CUMBERLAND ESTATES shall execute and ord an instrument changing these covenants and restrictions in
each, unless.
or to the expiration of any such périod the then owners of a arity of the land area in CUMBERLAND ESTATES shall execute and ord an instrument changing these covenants and restrictions in le or in part, the provisions of said instrument to become rative at ‘the expiration of the period in which it is executed recorded. These covenants and restrictions may be amended pricr the expiration of the above mentioned twenty-five year period, vided the owmers. of a majority of the land area in CUMBERLAND ATES execute and record an instrument doing so. .
“xvE.
If the Grantor herein, ar any of his successors or assigns, 11 violate or attempt toa violate any of the restrictions and.
‘enants herein contained, it shall be lawful for any other person persons owning property in said subdivision, or for the Comaittee their behalf, to prosecute any proceedings at law or in equity inst the person or persons violating or attempting to viclate > such restriction or covenant and either to prevent him or then , : : wa so deing or to recover damages or other dues for such violation, ‘ the benefit of any owners of sites in said subdivision as their : :erest may appear. . . ‘ XVIII. | In the event any one, or nore, of these. covensrits, agreements, tarvations, easements, restrictions or maintenance charges shall rome or be held invalid, by reason of abandorment, waiver oz lictal decision, the same shall in nowise affect or impair the Lidity of the other covenants, agreements, reservations, easements, 3trictions or maintenance charges set out herein, which shell nain in full force and effect.
Bx. A.
amet teh ta ment mee mA AN geen at 1: THE STATE OF TEXAS COUNTY OP MONTGOMERY
nain in full force and effect.
Bx. A.
amet teh ta ment mee mA AN geen at 1: THE STATE OF TEXAS COUNTY OP MONTGOMERY BEFORE ME, the undersigned authority, on this day personally appeared BRUCE J. CALDWELL, SR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
of MOTVEN GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 11 day 1972.
Notary Public in and for Montgomery County, Texas.
Return to 2 Yareks Law Firm Nardar 2004 North, Suite zou Conroe 7X 77301 14.
EX, A.
14/14 Ae tee ntion VOL 36 nz 16 34°7455 AMENDMENT TO RESTRICTIONS FOR Lots One (1) through Four (4) of CUMBERLAND ESTATES THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF MONTGOMERY § WHEREAS, by instrument dated December 11, 1972, recorded in Volume 797, Page 499 of the Dead Records of Montgomery County, Texas, Bruce J. Caldwell, Sr., being the owner of the property covered and affected thereby, did adopt and establish certain restrictions, reservations, covenants and easements covering and affecting Lots One (1) through Four (4) of Cumberland Estates, a subdivision in Montgomery County, Texas located out,of and a part of the John N. Thomas Survey, Abstract No. 549 in Montgomery County, Texas. Said lots being more particularly described by metes and bounds in the aforementioned instrument; reference to which is hereby made.
WHEREAS, since the filing of the aforementioned restrictions, Jo Ann Jordan, formerly known as Jo Ann Burroughs has purchased Lot 3, the deed to said lot being dated December 14, 1972 and recorded in Volume 798, Page
he filing of the aforementioned restrictions, Jo Ann Jordan, formerly known as Jo Ann Burroughs has purchased Lot 3, the deed to said lot being dated December 14, 1972 and recorded in Volume 798, Page 393 of the Deed Records of Montgomery County, Texas.
WHEREAS, the said Bruce J. Caldwell, Sr., joined herein by Jo Ann Jordan, desire to amend and cancel certain provisions as originally contained in the aforementioned instrument recorded in Volume 797, Page 499 of the Deed Records of Montgomery County, Texas, so that the above described property shall be hereafter held and conveyed subject to the covenants, conditions, stipulations and restrictions set forth in said instrument, as amended by the terms and provisions hereof.
NOW THEREFORE, the said Bruce J. Caldwell, Sr., joined herein by Jo Ann Jordan hereby amend and cancel the following provisions as contained in the aforementioned restricrinna | to wit: EXHIBIT aoe este Paragraphs No. 1 and No. 2 under "RESERVATIONS", as set out on pages 1 and 2 of the aforementioned instrument is hereby deleted and cancelled in its entirety.
All provisions relating to "THE CUMBERLAND ESTATES COMMITTEE", as set out on pages 3, H and 5 of the aforementioned instrument and in subsequent pages thereof, hereby deleted and cancelled in its entirety.
All provisions relating to "MAINTENANCE CHARGE", as set out on pages 5 and 6 of the aforementioned instru~ ment is hereby deleted and cancelled in its entirety.
All provisions relating to "ROADWAY AND PARK DEDICATION", as set out on pages 6 and 7 of the aforementioned instrument is hereby deleted and cancelled in its entirety.
Paragraph I of the "RESTRICTIONS", as set out on pages 7 and 8 of the aforementioned instrument is hereby deleted and cancelled in its entirety.
rument is hereby deleted and cancelled in its entirety.
Paragraph I of the "RESTRICTIONS", as set out on pages 7 and 8 of the aforementioned instrument is hereby deleted and cancelled in its entirety.
Sub-paragraph "C" under paragraph II of the "RESTRICTIONS", as set out on page 8 of the aforementioned instrument is hereby deleted and cancelled in its entirety.
Paragraph IV of the "RESTRICTIONS", as set out on page 9 of the aforementioned instrument is hereby amended to add to and become a part of the aforementioned paragraph IV the following sentence to wit: All structures in Cumberland Estates must have roofs constructed of either » wood, tile or other materials other than composition.
Paragraph IX of the “RESTRICTIONS", as set out on page 10 of the aforementioned instrument is hereby deleted and cancelled in its entirety and the following paragraph (2) TET, ae ee ce ee IX. Each owner of a lot in Cumberland Estates binds _ Bubstituted in lieu thereof: “ and obligates himself through purchase of such lot to main~ tain the same at his own cost and expense in a neat and presentable manner. Each lot owner obligates himself to keep the grass, vegetation and weeds on his lot cut as often as may be necessary to keep the same in a neat and attractive eondition.
Paragraph XII of the "RESTRICTIONS", as set out on page 11 of the aforementioned instrument is hereby deleted and cancelled in its entirety and the following paragraph substituted in lieu thereof: XII. No hogs, goats, chickens, cows or other animals carrying an offensive odor shall be domiciled on lots in Cumberland Estates, nor shall other farm and domestic animals (excluding horses) be maintained for propogation and subsequent commercial exploitation. This restriction
or shall be domiciled on lots in Cumberland Estates, nor shall other farm and domestic animals (excluding horses) be maintained for propogation and subsequent commercial exploitation. This restriction does not exclude the domicile of horses on lots in Cumberland Estates nor the maintenance for propogation and subsequent comnercial exploitation thereof, provided that adequate fences and stables shall be maintained upon such buliding site or sites. be Y Paragraph XVI of the "RESTRICTIONS", as set out on page 13 of the aforementioned instrument is hereby deleted and cancelied in its entirety and the following paragraph substituted in lieu thereof: XVI. These covenants and restrictions shall run with neteneserec nn enn anata meta eette terest nsetenatstce tatntneemaetim ieee a the land, and shall be binding upon grantor, his successors and assigns, and all persons or parties claiming under it, for a period of twenty-five years from the date hereof, at which time they shall be automatically, extended for successive periods of ten years each, unless prior to the expiration of (3) ive B56 ar 79 8° any such period, Bruce J. Caldwell, Sr. or his heirs, be and the then owners of a majority of Lote 1 thru 4”%in Cumberland Estates shall execute and record an instrument changing these covenants and restrictions in whole or in part, the provisions of said instrument to become operative at the expiration of the period in which it is executed and recorded. These covenants and restrictions may be amended prior to the expiration of the above mentioned twenty-five year period, provided Bruce J. Caldweli, Sr.
or his heirs, successors and assigns and the then owmers of a'majority of the land area in Cumberland Estates execute and record an instrument doing so. All reference to Bruce J. be
e J. Caldweli, Sr.
or his heirs, successors and assigns and the then owmers of a'majority of the land area in Cumberland Estates execute and record an instrument doing so. All reference to Bruce J. be Caldwell, Sr. and his heirs shall be null and void in the event he or his heirs cease to own any property in the John N. Thomas Survey, Abstract No. 549 in Montgomery County, Texas.
Paragraph XVII of the "RESTRICTIONS", as set out on page 13 of the aforementioned instrument is hereby amended to add to and become a part of the aforesaid paragraph XVII the following sentence to wit: "Bruce J. Caldwell, Sr., owner of a tract of land in the John N. Thomas Survey, Abstract No. 549, lying west of Lots 1 through 4 of Cumberland Estates, shall have, either by himself or his heirs, aie Qt the same rights of enforcement 8 of these restriction any owner or owners of Lots 1 through 4 of Cumberland Estates."
All of the other terms and provisions of said instrument shall remain as they are and chode force and effect shall in no way be affected or impaired by the execution and filing of this instrument,of amendment.
Executed this bo day of a » 1974.
(4) to THE STATE OF TEXAS 5 ive 856 FACE 80 COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared BRUCE J. CALDWELL, SR., known to me to be the person _-whose name is subscribed to the foregoing instrument, and ‘acknowledged to me that he executed the same for the purposes “ana ‘ebagiderat ion therein expressed.
“Saay, of :2 , 1974 7 se” -Vyn0d + a ¢ in and for Montgomery County, Texas THE STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, a Notary Public
OF OFFICE this the 3¢ 2— ze “Saay, of :2 , 1974 7 se” -Vyn0d + a ¢ in and for Montgomery County, Texas THE STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JO ANN JORDAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed.
— eet “of. Alege 1974.
a ary and for Mont gomery COWNty Texas we Soe uany 31 1974 por HARRIS. OOS ru county ow (5) FILED FOR RECORD 05/23/2019 03:20PM Mab. Jub!
COUNTY CLERK MONTGOMERY COUNTY. TEXAS STATE OF TEXAS, COUNTY OF MONTGOMERY Doc #: 2019043957 Pages 24 RECORDER’S MEMORAN : At the time of recordation, this erent was found to be inadequate for the best photographic reproduction because of the illegibility, carbon or photo copy, discolored paper, etc, Ail blackouts, additions and changes were present at the time the instrument was filed and recorded, | hereby certify that this instrument was filed in the file number sequence on the date and time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
05/23/2019 Wb Imbel’ County Clerk Montgomery County, Texas