(This is a re-typed version of a photoco py, done for ease of reading ONLY.
It is NOT to be considered a definitive legal document, but only an aid to reading. The original is filed in the Harris County deed records volume 6431, beginning on page 602.)
RESTRICTIONS, RESERVATIONS, COVENANTS AND EASEMENTS OF HAMMERSMITH, SECTION ONE, A SUBDIVISION IN HOUSTON, HARRIS COUNTY, TEXAS THE STATE OF TEXAS | KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS | That LEGGETT-CUTBIRTH-WINSTON, INC., a Texas corporation with offices in Houston, Harris County, Texas, acting herein by and through its undersigned officers, duly authorized hereunto, and Joseph L. Ec kman, of Houston, Harris County, Texas,
xas corporation with offices in Houston, Harris County, Texas, acting herein by and through its undersigned officers, duly authorized hereunto, and Joseph L. Ec kman, of Houston, Harris County, Texas, being owners of lots Thirty-five (35), thirty-six (36), and thirty-seven (37), in block One (1) of Hammersmith, Section One (1), a subdivision in the City of Houston, Harris County, Texas, according to the map thereof recorded in Volume 122, page 63 of the map records of Harris County, Texas, and G.R. JACKSON, TRUSTEE, of Houston, Harris County, Texas, being the owner of all the numbered lots in Hammersmith, Section One (1), except Lots 35, 36, and 37 in Block One (1), and the aforesaid owners , respectively, of all the lots in Hammersmith, Section One (1), desiring to create and carry out a uniform plan for improvement, development and sale of all numbered lots or parts of numbered lots in Hammersmith, Section One (1), for the benefit of the present and future owners of said lots, do hereby adopt and establish the following reservations, restrictions, covenants and easements to apply uniformly to the use, occupancy and conveyance of all the numbered lots or parts of numbered lots in Hammersmith, Section One (1), shall conclusively be held to have been executed, delivered and accepted subject to and on the following reservations, restrictions, covenants and easements, regardless of whether or not said reservations, restrictions, covenants or easements are set out in full or by reference in any such contract or deed; and the following reservations, restrictions, covenants and easements shall run with each and all of the numbered lots or parts of numbered lots in Ham mersmith, Section One (1), and shall be binding upon the present
g reservations, restrictions, covenants and easements shall run with each and all of the numbered lots or parts of numbered lots in Ham mersmith, Section One (1), and shall be binding upon the present owner or owners thereof and upon his or their respective heirs, successors, assigns, devisees and legal representatives. The headings of the following lettered paragraphs are employed herein for convenience only and shall not be controlling over content.
(a) Building site : The term “building site” as used herein m eans all or part of a num bered lot in Ham mersmith, Section One (1), A building site m ay be com prised of more than one such lot, or one or m ore such lots and a part of one or m ore other such lots.
(b) Townhouse residential purposes only : No building shall be erected, altered, placed or perm itted to rem ain on any building site, other than a single fam ily residential building and garage or carport. Ham mersmith, Section One (1), shall be developed solely as a townhouse subdivision and all of the provisions of this instrum ent shall be construed so as to be consistent with that kind of developm ent.
(c) Architectural Control Com mittee: No im provem ents shall be erected, placed or altered on any building site until the construction plans and specifications and a plot plan showing the location of the stru cture or im provem ents have been approved by the Architectural Control Com mittee, including approval as to quality of workm anship and m aterials required by the plans and specifications, harm ony of external design with existing structures, and as to location with respect to topography and finished grade elevation. The approval or disapproval of the Com mittee shall be in writing. If the
ny of external design with existing structures, and as to location with respect to topography and finished grade elevation. The approval or disapproval of the Com mittee shall be in writing. If the Com mittee f ails to give written approval or disapproval within thirty (30) days af ter the plans and specif ications and a plot plan have been subm itted to it, or, In any event, if no suit to enjoin the construction has been com menced prior to the com pletion of the improvem ents, it shall be conclusively presum ed that the Com mittee has approved such plans, specifications and plot plan. Th e Architectural Control Com mittee shall be composed of three (3) m embers, the initial m embers hereby appointed being G. R.
JACKSON, MARVIN E. LEGGETT and GLENN W . LOGGINS, each of whose address is P.O. Box 3104 Houston, Texas, 77001. A Majority of the Com mittee m ay designate a representative to act for it. In the event of death or resignation of any initial or successor member of the Com mittee, the rem aining m ember or m embers shall have f ull authority to designate a successor or successors. In the event of the death or resignation or continued 2 absence or failure to function of all m embers of the Architectural Control Com mittee, the directors of the Ham mersmith Com munity Im provem ent Association shall have full authority to appoint a new com mittee. Neither the m embers of the Com mittee nor its designated representative shall be entitled to any com pensation f or services perf ormed hereunder.
(d) Minim um size of dwelling : Each dwelling shall contain not less than ONE THOUSAND EIGHT HUNDRED (1800) square feet of living area unless the Architectural Control Com mittee in its disc retion approves a dwelling plan containing
ch dwelling shall contain not less than ONE THOUSAND EIGHT HUNDRED (1800) square feet of living area unless the Architectural Control Com mittee in its disc retion approves a dwelling plan containing less than 1800 square feet of living area.
(e) Building lines : All dwellings shall be located on the respective building sites, with the sides of each building being on the side property lines and the front of the building being on the front property line or set back a distance to be specified for the particular building site by the Architectural Control Com mittee. In no event shall a dwelling be set back m ore than 15 feet nor shall m ore than three adjacent buildings in a row have the sam e set back distance. It is the function of this restriction to stagger the set back of the dwellings to prom ote the individuality of each dwelling. W ithout lim iting the requirem ent for overall approval of plans and specifications, eves, steps and open porches that face a street shall be specifically approved by the Architectural Control Com mittee.
Nothing in these restrictions shall prevent the construction of condom inium s or condom inium type construction, provided that such construction is approved in writing by the Architectural Control Com mittee bef ore plans and specif ications are subm itted to the City of Houston for a building perm it. Party walls and joint walls are not prohibited under these restrictions, however, all party walls or joint walls shall be covered by specific party wall or joint wall agreem ents executed by abutting building site owners. In the event individual walls are installed (as opposed to com mon, joint or party walls), the joint between the two walls m ust be water proofed to prevent any m oisture from getting
g site owners. In the event individual walls are installed (as opposed to com mon, joint or party walls), the joint between the two walls m ust be water proofed to prevent any m oisture from getting between the two buildings, and the responsibility for the installation of this cap or water proofing shall be the responsibility of the latest or the last unit built adjoining such wall.
The m aintenance of such cap or water proof ing shall be the joint responsibility of the abutting site owners. All adjoining Type V Buildings of one hour construction or m ore, as classified in the City of Houston Building Code, shall have an adjoining 4” m asonry 3 wall m atching the first wall installed and isolating the buildings with an 8” m asonry separation extending 3’00” beyond the exterior wall and parallel to the property line.
(f) Living area of dwellings – patios : Not m ore than 75% of any building site m ay be covered by living area. For the purpose of this restriction, eaves, steps and open porches and garages or carports shall not be considered as part of the building.
Each dwelling m ust contain an enclosed open area (patio or atrium ) of not less than 150 square feet. Each dwelling shall consist of not less than two (2) levels of living area (g) Utility easem ents: Attached hereto as Exhibit I and m ade a part hereof for all purposes fully as though the sam e were copied herein verbatim are pages 1 and 2 with plat attached thereto and identified therei n as Exhibit “A”, of that certain instrum ent, presently unrecorded, by and between G.R. Jackson, Trustee (Developer) and Houston Lighting and Power Com pany (Com pany) and entitled “AGREEMENT FOR UNDERGROUND EXTENSION OF SINGLE PHASE 120/240 ELECTRIC SERVICE
recorded, by and between G.R. Jackson, Trustee (Developer) and Houston Lighting and Power Com pany (Com pany) and entitled “AGREEMENT FOR UNDERGROUND EXTENSION OF SINGLE PHASE 120/240 ELECTRIC SERVICE TO HAMMERSMITH, PORTIONS OF SECTIONS 1 AND 2”. Attached hereto as Exhibit II and m ade a part hereof for all purposes as fully as though the sam e were copied herein verbatim a copy of certain easem ent instrum ent presently unrecorded, by and between G.R. Jackson, Trustee and Houston Lighting and Power Com pany. There is hereby dedicated and reserved easem ents for the installation, repair, m aintenance and replacem ent of electric, telephone and gas utilities servicing Section One of Ham mersmith as provided for in said Exhibit I and II attached hereto, insofar as said Exhibits relate to Ham mersmith, Section One.
(h) Nuisances prohibited : No noxious or offensive activity shall be perm itted upon any building site or within the subdivision, nor shall anything be done thereon or therein which m ay be or becom es an annoyance or nuisance to the neighborhood.
(i) Temporary structures prohibited : No structures of a tem porary character, including a trailer, basem ent, tent, shack, garage, barn or other outbuilding, shall be used on any building site at any tim e as a residence, either tem porarily or perm anently.
(j) Signs : No sign of any kind shall be displayed to the public view on any building site, except such signs as have been approved by the Architectural Control Com mittee.
4 (k) No m ining operation : No oil drilling, oil developm ent operations, oil refining, quarrying or m ining operations of any kind shall be perm itted upon, in or under any building site, nor shall any walls, tanks, tunnels, m ineral excavations or shafts be
nt operations, oil refining, quarrying or m ining operations of any kind shall be perm itted upon, in or under any building site, nor shall any walls, tanks, tunnels, m ineral excavations or shafts be perm itted upon, in or under any building site. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, m aintained or perm itted upon any building site.
(l) Livestock and pets : No anim als, livestock or poultry of any kind shall be raised, bred or kept on any building site, except that dogs, cats or other household pets may be kept in reasonable num bers, provided that they are not kept or m aintained for any commercial purposes.
(m ) Garbage disposal : No building site shall be used or m aintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary m etal or m asonry bins with self closing tops which shall have been approved by the Architectural Control Com mittee. All incinerators or other equipm ent for the storage or disposal of such m aterial shall be kept in a clean and sanitary condition. All garbage and trash shall be kept in the garage area and at least one cubic yard of garbage and trash storage of the type above specified shall be provided for each dwelling.
(n) Garages or carports : Each dwelling shall provide covered parking for at least two cars. All covered parking m ust open on and enter from a rear alley. No doors opening on the alley shall be constructed nearer than four (4) feet from the alley.
(o) No window air conditioners : No window or wall type air conditioners shall be perm itted to be used, erected, placed or m aintained on or in any dwelling.
(p) Kitchen garbage disposals : The kitchen in each dwelling shall be
No window or wall type air conditioners shall be perm itted to be used, erected, placed or m aintained on or in any dwelling.
(p) Kitchen garbage disposals : The kitchen in each dwelling shall be equipped with a garbage disposal unit, which garbage disposal unit shall at all tim es be kept in a serviceable condition.
(q) Landscaping : No landscaping shall be done on the front of any building site until the landscaping plans shall have f irst been approved by the Architectural Control Com mittee. The ten foot area between the curb and the front building site line shall be im proved by each individual building site owner with a m aterial and shrubs specifically approved by the Architectural Control Com mittee. It is the intention of this covenant to lim it this ten foot parkway area to flagstone, cobblestone, brick or exposed 5 aggregate concrete or quarry tile walk, f our (4) f eet in width and two (2) f eet from the front property line, each walk m eeting the level of the adjoining walks and with a slope towards the curb. Each dwelling shall have a tree of the size and type specified by the Architectural Control Com mittee, to be installed by building site owner in the sidewalk area at the tim e the building is erected.
(r) Exterior of dwellings : The exterior wall m aterial of all dwellings shall be of m asonry or m asonry veneer, or stucco, provided that carports are not required to be constructed of m asonry or m asonry veneer. The exterior of each dwelling, including lawns, walls, and shrubbery, shall at all tim es be kept and m aintained in good condition.
If, in the opinion of the Architectural Contro l Com mittee, the exterior of any dwelling is in need of repair or m aintenance, the Ar chitectural Control Com mittee shall notif y the
good condition.
If, in the opinion of the Architectural Contro l Com mittee, the exterior of any dwelling is in need of repair or m aintenance, the Ar chitectural Control Com mittee shall notif y the owner in writing of the need of such repair or m aintenance, and if such repairs or maintenance are not accom plished within thirty (30) days of said notice, then the Architectural Control Com mittee m ay proceed to have such repairs or m aintenance work done for the account of and paym ent by the owner, and the owner shall pay upon dem and the Architectural Control Com mittee’s cost, together with interest at the rate of 6% per annum until such paym ent is m ade, and reasonable attorney’s fees if referred to an attorney for collection.
(s) Period of restrictions : These covenants, reservations, restrictions and easem ents shall run with the land and shall be binding on all parties and all persons for a period of twenty-five (25) years from the date this instrum ent is f irst recorded, af ter which tim e said covenants, reservations, restrictions and easem ents shall be autom atically extended for successive periods of ten (10) years unless prior to the term ination of the twenty-five or any ten year period an instrum ent executed and acknowledged by a majority of the then owners of the buildi ng sites has been recorded in the Deed of Records of Harris County, Texas, agreeing to change, am end or cancel said covenants, reservations, restrictions and easem ents, in whole or in part.
(t) Enforceability : Enforcem ent of any provision hereof shall be by proceedings at law or in equity against any person or persons violating or attem pting to violate any covenant, reservations, restriction or easem ent herein contained, either to
on hereof shall be by proceedings at law or in equity against any person or persons violating or attem pting to violate any covenant, reservations, restriction or easem ent herein contained, either to restrain violation or to recover dam ages.
6 (u) Partial invalidity : Invalidation of any one or m ore of the provisions hereof by judgm ent or court order shall in nowise affect any of the other provisions which shall rem ain in f ull force and ef fect.
(v) Rights of m ortgagees : Violation of any of the restrictions, reservations, covenants or easem ents contained or established herein shall not have the effect of impairing or affecting the rights of any m ortgagee or trustee under any m ortgage or deed of trust in effect against any building site or building site and im provem ents at the tim e of any such violation.
(w) Annual Maintenance Charge : Each building site shall be subject to an annual m aintenance charge at a rate not to exceed $10.00 per lot per m onth, or $120.00 per lot per year, for the purpose of creating a fund to be known as “Maintenance Fund”, which said charge shall be payable by each building site owner payable to Ham mersmith Com munity Im provem ent Association in advance in quarterly installm ents each year, commencing January 1, 1967. To secure paym ent of such m aintenance charge, a vendor’s lien shall be retained against the building sites, prem ises and im provem ents therein n favor of Ham mersmith Com munity Im provem ent Association, its successors and assigns, and each deed conveying a building site shall contain appropriate recitations imposing the Maintenance Charge and creating the vendor’s lien. Such vendor’s lien shall be subordinate and inferior to any valid deed of trust lien on any building site,
tain appropriate recitations imposing the Maintenance Charge and creating the vendor’s lien. Such vendor’s lien shall be subordinate and inferior to any valid deed of trust lien on any building site, prem ises and im provem ents thereon, but in the event of foreclosure of any such valid deed of trust lien such vendor’s lien shall apply to secure the paym ent of m aintenance charges accruing on such building site, prem ises and im provem ents thereon after such foreclosure, but any such m aintenance charges accrued prior to such foreclosure shall be extinguished by such foreclosure. Such Maintenance Charges m ay be adjusted from year to year by Ham mersmith Com munity Im provem ent Association as the needs of the property or property owners m ay in its judgm ent require, but in no event shall such charge be raised above $10.00 per lot per m onth, or $120.00 per lot per year. The aforesaid owners of all the num bered lots in Ham mersmith Section One (1), and their respective heirs, adm inistrators, successors and assigns, agree to pay their proper proportion of said fund for the unsold land fully developed as saleable building sites owned by them , respectively, in said Ham mersmith. Ham mersmith Com munity 7 Improvem ent Association shall apply the total fund arising from such charge, so far as the sam e may be sufficient, toward the paym ent of expenses incurred for any or all of the following purposes: Constructing and m aintaining parks, swim ming pools, parkways, rights of way, easem ents, esplanades, and other public areas, providing security protection, collecting and disposing of garbage, ashes, rubbish and the like; paym ent of legal and all other expenses incurred in connection with the enforcem ent of all recorded
, providing security protection, collecting and disposing of garbage, ashes, rubbish and the like; paym ent of legal and all other expenses incurred in connection with the enforcem ent of all recorded charges, covenants, restrictions and conditions affecting said property to which the Maintenance Charge applies; paym ent of all reasonable and necessary expenses in connection with collection and adm inistration of the Maintenance Charge; em ploying policem en and watchm en; caring for vacant lots; enforcing the action of the Architectural Control Com mittee, and doing any other thing necessary or desirable, in the opinion of the Ham mersmith Com munity Im provem ent Association, to keep the property neat and in good order, or which it considers of general benefit to the owners or occupants of the property, it being understood that the judgm ent of Ham mersmith Com munity Improvem ent Association in the expenditure of said funds shall be final and conclusive as long as such judgm ent is exercised in good faith. Such Maintenance Charge shall in any event rem ain effective until Decem ber 31, 2012, and shall autom atically be extended thereafter for successive periods of ten (10) years each, provided, however, that the owners of the m ajority of the building sites in Ham mersmith subject to the Maintenance Charge m ay revoke the Maintenance Charge on either Decem ber 31, 2012, or at the end of any successive ten (10) year period thereafter, by executing and acknowledging an appropriate written agreem ent, or agreem ents, f or such purpose and f iling the sam e for record in the Office of the County Clerk of Harris County, Texas, at any tim e prior to Decem ber 31, 2012, or at any tim e prior to five (5) years preceding the expiration of any
iling the sam e for record in the Office of the County Clerk of Harris County, Texas, at any tim e prior to Decem ber 31, 2012, or at any tim e prior to five (5) years preceding the expiration of any successive ten (10) year period thereafter.
Executed this 6th day of June, 1966 .
8 AMENDMENTS TO RESTRICTIO NS, RESERVATIONS, COVENANTS AND EASEMENTS ON HAMMERSMITH, SECTION ONE, A SUBDIVISION IN HOUSTON, HARRIS COUNTY, TEXAS THE STATE OF TEXAS | KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS | That the undersigned present owners of the building sites in Ham mersmith, Section One, a subdivision in Houston, Harris, County, Texas, who constitute a m ajority of the present owners of those building sites, do hereby agree to change and am end the Restrictions, Reservations, Covenants, a nd Easem ents on Ham mersmith, Section One, a subdivision in Houston, Harris County, Texas, executed June 6, 1966, recorded in Volum e 6431, page 602, Deed Records, Harris County, Texas, as follows: The m aximum amount of the Annual Maintenance Charge provided for in paragraph (w) shall be raised from $10.00 per lot per m onth to $25.00 per lot per m onth and from $120.00 per lot per year to $300.00 per lot per year.
Executed this 20th day of January, 1987.
9 AMENDMENTS TO RESTRICTIO NS, RESERVATIONS, COVENANTS AND EASEMENTS ON HAMMERSMITH, SECTION ONE, A SUBDIVISION IN HOUSTON, HARRIS COUNTY, TEXAS THE STATE OF TEXAS | KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS | That the undersigned present owners of the building sites in Ham mersmith, section one, a subdivision in Houston, Harris, County, Texas, who constitute a m ajority of the present owners of those building sites, do hereby agree to change and am end the
sites in Ham mersmith, section one, a subdivision in Houston, Harris, County, Texas, who constitute a m ajority of the present owners of those building sites, do hereby agree to change and am end the Restrictions, Reservations, Covenants, a nd Easem ents on Ham mersmith, Section One, a subdivision in Houston, Harris County, Texas, executed June 6, 1966, recorded in Volum e 6431, page 602, Deed Records, Harris County, Texas, as follows: The m aintenance fee for Ham mersmith, Section I, shall be determ ined and fixed each year in advance by the vote of a m ajority of the Board of Directors of Ham mersmith Com munity Im provem ent Association, subject to ratification by the vote of a m ajority of the property owners of Ham mersmith, Sections 1 and 2, at the next annual m eeting of the Ham mersmith Com munity Im provem ent Association. In the event the Maintenance Fee approved by the Board of Directors is not ratified by a vote of the m ajority of the property owners at such Annual Meeting, the Maintenance Fee for that year shall be the sam e amount as the Maintenance Fee for the preceding year.
Executed this 12th day of January, 1993.
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