. ’ a co payne ae 3 OT J iy Boh og }. aN _xfitle Data RA TDI13515 HA V578348.001 ee i Ae av . ay < 2 9S y578348 | FIFTH AMENDED AND RESTATED PROTECTIVE COVENANTS OF ; THE HUISACHE ACRES SUBDIVISION Lr THE STATE OF TEXAS § oayoksae g0ogepees Varese. #218,75 - Co §. _ SNOW ALL MEN BY THESE PRESENTS: COUNTY OFHARRIS . “! | § THAT, WE, the undersigned ovness ‘of lots in Lot 2, Block “E” of the R H GAUT SUBDIVISION of the WILLIAM WHILE 1/3 LEAGUE, Harris County, Texas, represent a majority of the lot ovmers in the subdivision known as HUISACHE ACRES (the .
' "Subdivision”), which said subdivision was created by that certain Original Plat, dated Angust 27, 1948, filed for record on October 4, 1948, inthe Map Records of Harris County, Texas, in Volume 28, page 51, (the "Original Plat") to which these Resttictions are subject and to which teference is here made for all purposes, and do-heréby establish, adopt and promulgate the following conditions, ; Testrictions and covenants (the"Restrictions") which shalt be applicable to alf of the lofs in the Subdivision and are for ts purpose of enitouraging the construction of new homes in the Subdiviston, rentodeling of existing homes and enbancing and protecting the L. Residential Single Family Use, No Commercial Use. Only One Dwelling per Lot. .
‘The term "Oziginal Lot!” vihen used in this instrnment refers to the otiginal lots 1-6, Block 1; lots I-13, Blod:2, lots 1-10, Block 3 and lots 1, 23 and 4, Block 4, of the Subdivision, as reflected on. the copy of plat attached hereto as Exhibit "A".
ent refers to the otiginal lots 1-6, Block 1; lots I-13, Blod:2, lots 1-10, Block 3 and lots 1, 23 and 4, Block 4, of the Subdivision, as reflected on. the copy of plat attached hereto as Exhibit "A".
Lot 3, Block 4 was mads subject to the Subdivision by Amendment to the Protective Covenants of the Huisache Acres Subdivision, recorded Jamnary 31, 2001 at File Number 101499339, Harus County, Texas. Theterm “NewLotwhen _ . used in this instrument refers to a lot created out of an Original Lot by division, sibdivision or re-subdivision of an Original Lot in the manner provided Paragraph 2. The term “Lot” inchudes New and Original Lats, Each Lot shall be used only for 7 single family residential purposes and no commercial use shall be made af any Lot or part thereof. No Lot shall be used for any business, commercial, thamufacturing, mercantile, storing, vending or other nonresidential purpose. No more than one dwelling shall be erected on any Lot. A dwelling owner may.lease or rent a dwelling honse., however, any such lease or rent Li agreement shall be subject to the terms of this instrament.
i 4 4 2, Subdividing of Lots Permitted, Minimum Frontage and Lot Size. i Hach Original Lot may be divided, subdivided and re-subdivided ot jeined with adjoining Lots, and divided, subdivided and resubdivided into New Lots of not less than 8,000 square feet, with each New Lot- having not less than a seventy-five (75) foot frontage on a public street, but not on any private drive which Is expressly prohibited, however, ‘any Oniginal Lothas .
less ‘than one hundred fifty (50) foot frontage, imay be divided into twvo New Lots vith eal ~ .
etree ee et ett eel nl a Meee ted
drive which Is expressly prohibited, however, ‘any Oniginal Lothas .
less ‘than one hundred fifty (50) foot frontage, imay be divided into twvo New Lots vith eal ~ .
etree ee et ett eel nl a Meee ted - frontage, e.g., if att Original Lot now‘has 130 foot frontage and contains 16,000 or more square feet, such Original Lot may be divided, subdivided, or re-subdivided into two New Lots of not less than 8,000 square feet each with each having equal Frontage of sixty-five (65) feet. A variation of 5 percent or less in the mininmm size of a New Lot or minimam frontage of a New Lot shall not be a viclation of fhe provisions of this paragraph Nothing in this iistrament shall be deemed to requite a plat or a teplat of an Original Lot or of Neve Lot to be filed or approved by sey Bovernmental Dody or aBEICY. .
‘3, New Construction Requirements. . .
Each dwelling constructed after the effective date of this instrament shall contain not less than 3,300 square feet of intetior ’ living area, axcludmg porches, garages, and.servants' quarters, and shall be built of at least sixty-five percent (65%) brick, Se eS SE.
oom masonry, stncco, or stone excluding windows, door ways, and plate glass areas,.and shall coutath no more than 2-1/2 * , stories. Each Lot shail conta at least a two-car attached or detached garage with paved driveway, and may contain servants’ quarters, and such garage and servants’ quarters mst have a roof and outside walls of the same material or colors as those used in the develling house. All garages constructed after the date of these Fifth Amended and Restated Protective Covenants tuay be either attached to, or’ detached from the residential dwelling situated on the Let} however, each such
rages constructed after the date of these Fifth Amended and Restated Protective Covenants tuay be either attached to, or’ detached from the residential dwelling situated on the Let} however, each such gavage shall have a frant building lins which is at least twenly (20) feet bebind that portion of te front building line of the residential Gwelling on the Lot which is nearest to the frant boundary line of the Lot. * . , 4, Building And Structure Set Back Lines for New Construction and Remodel, | - Each Building or structure constructed after the effective date of this instrament shall be constructed not less than five feet .
‘ from the rear lot Ime and not less than five feet from the side lat lines except side sefback Ime restrictions shall not apply to detached garages or other buildings located ane hundred feet (100) or more from the front Jot lines. No stnictare or building of any kind, other fhan a ditveway, parking pad or sidewalk shall be located nearer to the front lot line than fotty (40) feet.
"Stracture™ means any improvement on a lot, including, but not limited to, a residential dwelling, wall, feice, gataze, or sculpture. The front building set back line shall be thé set back as reflected on the recorded. subdivision map or plat ¢ dated August 27, 1948 and recorded in Volume 28; page 51 of the Map Records of Harris County, Texas.
5, Création of Homeowners Association. Assessments, Voting.
AL Crestion, : : A Homeowner's Association (the Association") may be established vith three Directors: who singit seryé for a term of one " year, and in such event they shall be elected-or re-elected annually by the pergons holding a majority of the votes aa: herein,
e established vith three Directors: who singit seryé for a term of one " year, and in such event they shall be elected-or re-elected annually by the pergons holding a majority of the votes aa: herein, provided, The Directors shall have the power to take such reasonable action as they, in their sole digcretian, deem pradent for the enforcement of these Restrictions against any party violating them, to collect stmms dus the Association, andto carry .
” on. the normal functions of the Association ' Houston 200335 v 5, 17291,00001 _ 2 “wiTitle Data RA TDI13515 HA V578348.002 ty Sac a at o™ —Title Data RA TDIi3515 HR V578348.003 eS —————— B. Assessments, Each Lot owner (here referred to as "Membér") shall pay to the Association the:sum of $100.00 annually commencing June 1, 1991 and June 1 of each year thereafter to find the activities of the Association, and such sum may be inoreased, but not more than ten percent (10%) annually, or decreased, or suspended entirdly, by a vote of the persons holding 4 majority ofthe votes at any regular or special meeting. The Board of Directors of the Association, at its option, from time to time may discontinue the annual $100.00 assessment and thereafter reinstate such assessment based onthe finding needs of the Association, No expense ovef $500.00 other than an expense in enforcing these restrictions shall be incurred by the ~ Association unless such expense is first approved by the vote or written consent of those persons holding a majority of the .
votes. The Association shall not have the right to make any assessment against the Members to satisty @ judgment rendered.
against the Association.
C, Voting.
Each record owner of a Lot in the Subdivision shall be entitled to one vote for Lot gvned od reflected in the records of the
Members to satisty @ judgment rendered.
against the Association.
C, Voting.
Each record owner of a Lot in the Subdivision shall be entitled to one vote for Lot gvned od reflected in the records of the Hatiis County Appraisal District 60 days priar to the voting Gate DB. Quorams and Proxies.
A valid meeting shall require a quorum. A quorum Shall exist at any meeting when those persons owning a majority of the votes are presett mm person, by proxy or by an attoineysm-fact. Voting may be in petson, by proxy or by attorney-in-fact..
Any Member, upon submission of a written request to any’member of thé then current Board of Directors, shall have the ' tight to receive a fonm of the proxy used for a pending meeting. In addition, the Secretary of the Association shall maintain @ current Hst of the names and addresses of each Member entitled to vote at 2 meeting of Menthets. The list of. curtent Members shall be available for review by any Member not lese than thirty (30) days prior to a meeting of the Members.
-E. Meetings.
Regular meetings shall be held not less tein snnnsty, and spectel meetings may be called upon the written request of those persons holding: at least twenty percent (20%) of the votes, or as otherwise provided in the bylaves. . .
¥. Enforcement of Assessments and Dues, Sums due ‘the Association and not timely paid shall accrue interest at the rats of ten percent (10%) stmaple interest “per amon begining on the 90th day after dus date. Tn the event a Lot owner fails to pay any sum within 90 days after dus .
date, the debt may be enforced by suit, and in addition, the Association shall have the tight to collect ull principal and . interest dus upori the transfer of title to the property, or upon the death of a Lot owner, and an express Hen against the Let
tion, the Association shall have the tight to collect ull principal and . interest dus upori the transfer of title to the property, or upon the death of a Lot owner, and an express Hen against the Let ovmer’s Lot is granted to enforce such additional right, however such lien is subordinate and inferior to all present: and fichire mortgages, deeds of trast and financing statements created by a “Lot oymer to secure sums advanced to purchase, acghite, improve, repair, remodel, demolish or pay taxes.against such property. Sale or transfer of.a Lot or improvement thereon pursuant to mortgage foreclosure proceedings, whether private ar judicial. foreclomms, or any proceeding in Hien thereof, shall extinguish the Hen granted herein, . .
Houston 200335 vy 5, 17291,00004 ’ 3 .
hem ee eet seraess 5 he Ep G. Association's Books and Records.
The Association shall maintain books and records reflecting, all of its incomes and Gsbursements. The Association's backs and records shell be maintained at such location as shall be directed by the President of the.Association. Any record owner of any Lot in-the Subdivision shall hays the tight to inspect’ such books and records during regular buginess hours, i.e.
Monday through Friday, 8:30 am, not 5:00 p.m, Housten, Texas time, excluding natiqnally recognized holidays.
H. President.
The President.chall be the principal executive officer of the Association and shall in general supervise and control all of the , . business and affairs of the Association. The President shall preside at all meetings of the Mambeze and all meetings of the Board of Directors. He shall sign, with the Secretary, certificates of membership, any deeds, mortgages, bands, contracts or
sident shall preside at all meetings of the Mambeze and all meetings of the Board of Directors. He shall sign, with the Secretary, certificates of membership, any deeds, mortgages, bands, contracts or other instruments which the Board of Directors has authorized to be executed, except’in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors to same other officer or agent of the Assoctation, or .
shall be required by law to be otherwise signed or executed; and in general, he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President shall not ‘have the authority to bind the Association to any employment agreement an behalf ‘of the Association unless such — employment agreement be expressly approved and authorized in advance by resolitian of the Board of Directors. In the event that any such employment agreement provides for the employment by the Association of any person who at the time of such employment or at any tims diving the period of such employment is an officer of the Association, then no provision of snch employment agreement purporting to amplify the authority of such officer beyond the authority set forth iri these Restrictions shall be valid or effective unless these Restrictions are amended’in a manner consistent with such employment.
agreement; and the mere signing of such employment agreement an behalf of the Agseciation and its approval at a meeting, of the Board of Directors {and/or Mambers) shail not constitute an amendment of these Restrictions, Ih the event that any "such employment agreement (whether ar not these Restrictions be amended incident thereto) limits or qualifiés the authority
il not constitute an amendment of these Restrictions, Ih the event that any "such employment agreement (whether ar not these Restrictions be amended incident thereto) limits or qualifiés the authority of any such officer in a manner inconsistent with these Restrictions, then the provisions of such employment agreement limiting and qualifying -such ~guthority ané imposing such duties shall be velid and effective notwithstanding amy, inconsistency between the provisions af such employment agement gud the provisions of these Restrictions, ~ 3° 1. Vice President. tof . . ; .
Tn the ‘absence of the President or in the event of fe President's inability or refusal to a act, the Vice President shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President shalt perfarm such other duties from time to time as may bo assigned to him by the President or by the Board of Directors of the Association. .
J. Secretary.
The Seorstary shall: (a) keep written minutes of the regular and special meetings of Menibers, the Board of Directors, and any committees created by the Board of Directors and/or Members in one or more books provided for that purpose, (b) see that all notices are duly given in accordance with the provisions of the Association's Bylaws or as required by law, (o) be custodian of the Association's records and of the seal of the Association. and see that the seal of the Association is affixed to all certificates of thembership puor to the issuance thereof and to.all documents, the execution of vatich on behalf of ths ‘Association under its seal is duly authorized in accordance with the provisions of the Association's Bylaws, (® keep a
ssuance thereof and to.all documents, the execution of vatich on behalf of ths ‘Association under its seal is duly authorized in accordance with the provisions of the Association's Bylaws, (® keep a . Tegister af the post office addtess of each Member, (¢) sign with the President certificates of membarship, the issue of vibich oN zTFitle Data shail have been authorized by resolution of the Board of Directors, (f) have general charge of the books of the Association, and {g) in general perform all dnties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the President or by the Board of Directors. Houston. 200335 v5, 17291.00001 , - 4 .
Fe ert RA TDI12515 HA V578348.004 —— = ee cK. Treasurer. , .
The Treasurer shall: (a) have charge and custody of, and be tesponsible for all fonds and securities of the Association, receive in trust and give réceipts for monies due and payable to the Association fom any source whatsoever, and deposit all such monies in the name of the Association in such baitks,, trust cortpanies or other.depositories as shall be selected by the Board of Directors; (b) submit a written report af income, expenses paid, expenses incurred but unpaid, and antidpated income and expenses for the twelve (12) months sneceeding the anmal meeting of the Members, at each anual raseting of the Members and at such ‘other times as may be directed by the Board of Directors; and (¢) in ‘general perform all the dnties incident to the office of Treasurer and such other daties as from time to time may be assigned to the Treasurer by the Board L, Procedural Rules, ; Unless waived in vaiting by a majority af Members represented at a meeting at which a quorum ig present, all regular and
me to time may be assigned to the Treasurer by the Board L, Procedural Rules, ; Unless waived in vaiting by a majority af Members represented at a meeting at which a quorum ig present, all regular and special meetings of the Members, the Board of Directors, and any committees created by the Board of. Directors and/or Members shall be govemed by the then current Roberts Rules of Orders, as amended from time to time, or Such other parliamentarian‘guide as a majority of Members represented at such meeting may approve in writing. In the absence of the ’ Association's President and. Vice-President, any Director of the Association may presidé at a meeting of Members, af the Board of Directors, and any coimnittees created by the Board of Directors and/or Members. ° ¥ ; i M. No Waiver.
nl The failure or refusal of any officer or'Dizector of the Association to enforce any of these Restrictions shall not be binding ‘| onthe Association nor be deemed to comatitute a waiver or tennination of any of these Restrictions. , x N. Copies of Association Docunients, | jy Fach Member, upon submission of & waitten request to the Secretary af the Association, dial! be entitled to receive, at no # cost, current and complete copies of the Association's Articles of Incorporation: Bylaws, and Resirictions, ag such documents may be amended from time to time. 2!
- . oO Exempt Property. ) All properties dedicated te, and accepted by, a local public ‘authority and all properties ovmed by a charitable or nonprofit _ otganization exempt from taxation by the laws of the State of Texas shall be exerupt from the lien and assessments created 6, Approval of Constrietion and Remodeling Plans by the Agsociatton, -
ofit _ otganization exempt from taxation by the laws of the State of Texas shall be exerupt from the lien and assessments created 6, Approval of Constrietion and Remodeling Plans by the Agsociatton, Two sets of plans for construction of any improvement of any nature, inckidmg, without limitation, new homes, gatages, ° _ Walls, fences and parking pads on ani Original or New Lot, or for an extension or exterior remodeling of a new or existing home, shail be submitted to a director of the Association not less than fourteen (14) days prior to commencing constriction, ' The director of the Association recaiving the plans shall notify all other directors, and the plans shall be deemed approved ° unless expressly disapproved within ten (10) days after delivery, The Board of Directors of the Association is authorized to use professional assistance in reviewing development and building plans and monitoring Houston 200335 v5, 1729100001 . Ss .@fitle Data RA TDI13515 HA V578348.005 ————S Be ee :) Bete ee constraction and:to charge a fea to be set + by the Boaid of Director’ and paid by the Lot ovmer for such service. Ths Board of Directors af the Association is authorized to consider the appearance and design of proposed improvements in the ¢ Subdivision when reviewing building plans and to withhold epproval of such building plans if in the opinion of a majotity.of the Directors on the Board of Directors the appearance and design are not in keeping with appropriate quality im the neighborhood, or the proposed structure would not be consistent with the ambiance of the neighborhood, or the proposed structure would potentially change the character and/or quality ef the neighborhood. If the plans comply with the
ructure would not be consistent with the ambiance of the neighborhood, or the proposed structure would potentially change the character and/or quality ef the neighborhood. If the plans comply with the requirements of this instrument in part, and fait to comply in patt, the directors shalt specifically point ont which portions do not comply. In the vent of disagreement, the directors of the Association and the party submitting the plans shall meet and attempt to amicably resclye disputes, and if such dispute cannot be resolved then either patty may seck court | interpretation or enforcement of this instrament. Hach Lot over shall commence construction of the improvements for (180) days after the date on which such construction plans have been approved by the Board of Directors of the Association (the “Construction Deadlines”). Ifa Lot ovmer failsto commences construction of the improvaments prior to the expiration of the Construction Deadline, the Board of Directors’ approval of the Lot owner's proposed-construction plans shall be null and yoid, abl initio, and thereafter the Lot otwmer must resubmit the two sets of construction drawings to the Board’ of Directors for reexamination and reconsideration of the proposed construction plans. For purposes of these Restrictions, the © — tema "commence construction’ with respect to‘new struchires ehall mean that (i) the ‘foundation slab for the improvements to be constructed on the Lot must be poured and completed prior to the Consttuction Deadline, and fi) the Lot oymer must be diligently and contimonsly pursuing completion of the improvements to be constructed on the Lot. The tenm "commince - --
and completed prior to the Consttuction Deadline, and fi) the Lot oymer must be diligently and contimonsly pursuing completion of the improvements to be constructed on the Lot. The tenm "commince - -constraction" with respect to remodeling or expanding an existing, structure shall mean that, prior to the expiration of the Construction Deadline, @ ths Lot owner has obtained the requisite permits from all applicable governmental anthorities, and @) the Lot owner is diligently and cantinuously pursing completion ef the renovations to be constructed onthe Lot.
7. Repair and Remodeling of Existing and New: Homes.
Existing homes, garages, servants! quarters, driverrays, walkways and fences may be maintained, remodeted, on repaired without violating these covenants if such matutenance, repair, or remodeling is consistett with existing construction. Anew ..
2arage may be constrocted an an Oxiginal Tat op-wibict 8 honse presently exists povided such new garages consistent’ with paragraph 3 of this instrament. .
Anew home constructed after tlie effective date of this instrnment may be extended or remodeled provided suchestnsion or remodeling meets the requirements of Para, praph 3, New Constraction Requirements. ; 3 Driveways and Parking Pads.
Parking pads may be constructed adjacent to the driveway on’ each Lot; provided, however, that a parking pad should only - be used for the occasional parking, of motar vehicles... The Board of Directors of the Association, in its sole discretion, shall rN aetitle Data RA TDI13515 HA V578348.006 have the right to restrict the location and/or size of say parisg pad on. a Lot snd to determine if a Lot ovmer's use of 4 patking pad violates the intent of these Restrictions, . Houston 200335 v 5, 17291.00001 6 .
“ 1 + * .
the location and/or size of say parisg pad on. a Lot snd to determine if a Lot ovmer's use of 4 patking pad violates the intent of these Restrictions, . Houston 200335 v 5, 17291.00001 6 .
“ 1 + * .
ets 8 en ET ete etn eT .
od + 9. Basketball Goals and Backboards, No basketball backboards and/or goals or pole mounted or portable basketball backboards and/or goals shall be installed, mounted, located ot placed at a location on a Lot which is parallel with, or in front of any portidi of the front building line .
of tho residential dvelling on the Lot. . . _ 10,~ Variances, . ; ; - a Where circumstances, such as topography, location of property lines, location of trees, or other matters require, the Association, by the vote. or written. consent of a majority of its Directors, may allow reasonable variances as to any of the covenants, conditions or'restrictions contained in Paragraph 3 Nev, Comstruction Requirements, Paragraph 4 Building And, Stracture Set Back Lines for New Constructidn and Remodeling and Paragraph 7 Repair, and Remodeling of Existing and.
New Homes on such terms ay itmay require; provided, however, that all such variances shall be in keeping with the general plan for improvement and devdopment of the Subdivision, The granting of a variates dull not be doatned a waiver of any of the Restrictions contained herein. ; _ .
Wk No Trailers or Temp orary , Structures Permitted. Exclusion During Construction.
, No structure of a temporary character, trailer, tent, shack, barn or other ouf-building shall be permitted on any Lot at any time, except a constroction trailer or temporary structure is permitted during the construction, remodeling of tepalt of any improvements.
12. Exclusion for Existing improvements
ted on any Lot at any time, except a constroction trailer or temporary structure is permitted during the construction, remodeling of tepalt of any improvements.
12. Exclusion for Existing improvements No existing house, garage or fence shall be deemed to be in violation of amy covenatt or restriction herein with respect to minixbum standards for dwelling size, Lot size or set back Hine requirements, construction materials, or other construction t requirements, | 3. Miscellaneous Restrictions.
“SG —-aeiae (a) No signs shall be displayed to the public view on any Lot offer than a sign no larger than six square feet adrian ' the property for sale or rent, . : aw pemmitted on any Lot if visitie from the street, and sains shail be screened from public view, within the garage. : © No boats, trailers or motor homes shall be placed on any Lot for any period of more than 48 hours in such a mater that it is visible from the street; penizment or semi-permansit storage af game 6 shall be screened from public view within the (dq) The following arenot peamitted: oil wells, ‘gas walls, water wells, ceiling. septic tanks, cesspools, sewage treatment facilities, mining, use of a Lot as a dumping ground or storage area for rubbish, trash, garbage, waste inaterials, spare parts, or unused construction materials, However, 2 Lot may be used for storage of construction materials during, remodeling, extending, repairing, or construction of i improvements on 3 Lot, bat same shall be promptly removed upon. ; completion c£ catistenction. : Houston 200335 v 5, 17291.00001 a ™ aeTitle Data RA TDI13515: HA v578348.007 8 yas-ses7 :
uction of i improvements on 3 Lot, bat same shall be promptly removed upon. ; completion c£ catistenction. : Houston 200335 v 5, 17291.00001 a ™ aeTitle Data RA TDI13515: HA v578348.007 8 yas-ses7 : (2) No animals, pigs, goats, horses, sheep or livestock of any kind, or poulizy of any kind shall be raised, bred or kept on any Lot, except-dogs, cats or ofhar common honséhold pets in reasonable manibers, provided they are net kept, bred or maintained for any commercial purpose, ‘ : ‘ © Nonoxions, offensive, dangerous or noisy activity shall be conducted on any Let, nor shall anything be dove tharean which shall be or become a misance to the subdivision or to any occnpant.of'a dwelling. No dwelling shall be used in sich a Inamner as to unreasonably endanger the health or disturb the exjoyment of any dwelling occupant, No Lot shall be used in Such @ mariner té violate any statute, ordinance, day, ruls or regulation of the City of Houston.
(g) No vehicle, motorcycle, boat, trailer or motor home shall be parked off the driveway on the wpaved partion of the ‘front yard of any Lot. a ; oo. ) (b) No fence shall be constructed exceeding, eight feet (8°) in height and no chain link fence chall be erected after the effective date of this instrument except around a pool for safety purposes. . : @) No Member shall deposit his/her garbage upan the Lot of another Member, except with the express written consent of the other Member, ° , .“14, Mainienznce.
All Lots shall be kept in a sanitary, healthful and attractive condition. Grass and vegetation on each Lot shall be kept, mowed at regular intervals, Each Lot shail be kept free of debris atid mbbish. If any Lot owmer fails to comply with any .
ful and attractive condition. Grass and vegetation on each Lot shall be kept, mowed at regular intervals, Each Lot shail be kept free of debris atid mbbish. If any Lot owmer fails to comply with any .
provisions of this paragraph within thirty (30) days after written request from the Association, then the Association shall - have the right to trespass, without liability for trespass, and to mow and to temove such’ debris and rubbish at the Lot ; " owner's expense, 7, ' 18, No Liability. ; To the extent permitted by law, no director of the Association shall be Hablein damages to any party for the enforcement of - or failure to enforce any provision of this instrument nor shall a Lot owner of occupant of any home be liable for any negligent or intentional act or omission of a director or any persons acting on behalf of a director.
16, Term, Amendment and Termination, These Regttictions shall run with the land and shall tind the land for a period of 20 years ending April 1, 2010, and thereafter shail be automatically renewed for successive ten year periods unless modified ot terminated as'provided herein.
These Restrictions may be amenrled, altered or changed by’ an instrament recorded in the Official Public Records. of Real Property of Harris County, Texas, adopting such amendments, signed by the persons holding a majority (more than 50%) * of the votes and may be terminated in fall by an instrument recorded in the Official Public Records ‘of Real Property of . Hartig County, Texas, terminating such Restrictions in full, signed by those persons holding no legs than seventy-five patcent (75%) of the votes.
Houston 200335 v5, 17291.00001 3 o™ =Title Data RA TDE13515 BA V578348.008 17, Interpretation, Enforcement,
full, signed by those persons holding no legs than seventy-five patcent (75%) of the votes.
Houston 200335 v5, 17291.00001 3 o™ =Title Data RA TDE13515 BA V578348.008 17, Interpretation, Enforcement, These restrictions shall be liberally construed to carry out their purposes, and may be enforced by specific performance and any other remedy provided in law or in equity. ’ ’ Ss " 18..No Third Party Beneficiary. Standing, No one shall be deemed to be a third party bendficiary to this instrament, and no one shall have standing to seek to enforce’ or otherwise obtain the benefit from any provision herein unless such person, his grantor or predecessors-in-title have signed 19, An Invalid Provistan Does Not Invalidate Other Provisions, Hf any provision or portion of a provision in this instrament is found to be tnyatid or void for any teasan, the remaining ' provisions shall be valid and enforceable.
20, Covenants Rum With and Bind Land.
This iristrument is made for the purpose of cteating covenants and restrictions running with: the iand, and sach covenants, and restrictions are binding if approved by a majority of oymers and upon each person who signs this instrument, and such - petson's grantees and successors-in-title, until amended or terminated in the mamer herein provided. .
21, Binding Upon Persons Who Sign, Effective Date, This instrument shall be binding and effective on all Lots and Lot ovmers in the Subdivision when signdd by a majority, ie, at least fifty-one percent (51%) of the present owmers of Lots, each Lot having one vote,.as reflected in Exhibit “A*, 22. Liens Not Affected.
A. violation of any provision of this instrament shall not affect, alter or diminish the lien of any mortpage, deed of trast or
ot having one vote,.as reflected in Exhibit “A*, 22. Liens Not Affected.
A. violation of any provision of this instrament shall not affect, alter or diminish the lien of any mortpage, deed of trast or secntity interest, now or hereafter created: however, in the event of foredosure of such lien the purchaser at 2 foreclosure sate shall take the property subject to restrictions and provisions of this instrament, but not to any sums due the Association by the party foredosed upan. fo.
23. Replacement of Prior Restrictions. | This instruntatt snpamsedes and replaces all pride restrictive covénauts (but net the Original Plat) affecting thie Subdivision, (1) Deed restriction’ contained in instrament, dated October 4; 1948, and recorded in Vol:’ 1845, Pape 251 of the Deed Records of Harris County, Texas: . .- ° Lo Houston 200335 v 5, 17291,00061 Lg c™ “meTitle Data RA fDI13515 HA v578348.009 ee « .
ee , Public Recards of Harris County, Texas, on July 26, 1988, under Harts. County Clerk's file number 1.771591 and recorded .
under Film Code No. 123-61-0749; ; _ Coo, (3) Tnstroment entitled "Amendment to Protective Covenants of Huisache Acres Subdivision” filed in the Official Public Records of Real Property of Haris County, Texas, on April 23, 199 1, under Haris County Clerk's ‘File Number 104705 and recorded under Film Code No. 032-07-1828: .
(4) Tnstroment entitled “Amended and Restated Protective Covenants af the Hutisache Acrés Subdivision” filed in the Official Public Records of Real Property of Harris County, Texas, an Jane 5,1995, der Harris County Clerk's File No.
and Restated Protective Covenants af the Hutisache Acrés Subdivision” filed in the Official Public Records of Real Property of Harris County, Texas, an Jane 5,1995, der Harris County Clerk's File No.
R424215, and recorded under Film Code No. 5 04-04-3 3 84, and refiled with sabseqnent additional signatures on Angiust 29, 1995, under Harris County Clerk's File Number R553709 and recorded under Film Code No. 505-15-0101, oo Office Public Records of Real Property of Haris County,’ Texas, on November 21,1997, under Haris Comfy Clerk's File Number 8742574 and recorded under Fiim Code ‘No. 515-77-0829 and e-tecoided on Jammary 8, 1998, underHartis.
Coimty Clerk's File Number 8805862 and tecorded under Film Code No.-516-41-0755. ; 7 (6) Instrument entitled "Amendment to the Protective Covenants of the Huisacha Acres Subdivision" filed in the Official Public Records of Real Property of Harris County, Texas, on January 31, 2001, under Harris County Clark’s File No.
- SIGNED on the date set forth by cach signature below and effective for all parposes as of December 1, 2001, See ys 22s .
UPON RECORDATION OF THIS INSTRUMENT RETURN TO: MR. RANDALL D. JONES 5070 CEDAR CREEK DRIVE HOUSTON, TEXAS 77056-2402 Houston 200335 v 5, 17291.00001 "10 geTitle Data RA TDI13515 HA v578348.010 ee. en CNN enn tte arte agente mane town ta dones HOA HS HSETIR: za EHD + .
Let No. 3 glock *E" Gout, Subd, : Wa, Farringtod TANGLE wooo CT) ome sores! S085 rxcen | aut, SSS iy soe ai id ‘a LANSING Goooswray7 SO85 cal KIRK {2 vests we SPOR tas [Casturar OT Lol Nol Bhock WEN: Gaul, Subd... oe, ‘Otis Massey . .
T) ome sores! S085 rxcen | aut, SSS iy soe ai id ‘a LANSING Goooswray7 SO85 cal KIRK {2 vests we SPOR tas [Casturar OT Lol Nol Bhock WEN: Gaul, Subd... oe, ‘Otis Massey . .
HUISACHE “AcRES | PLAT OF. SUBDIVISION OF LoT 2. ar BLOCK "E" R:B. GAUT susp, 0.
(OF THE WM, WHITE 173 LEAGUE 1 * s A Pa Cia cd aH ef LSE #5 x : KY 4 a) & ty 4 TEXAS" 19,83 AORES ABSTRACT 836 HARRIS co, a, ACIPHEE SUISE TTA at Meee, a, ts MF SSS ARE Ret creates meet . . .
HA V578348.011 TDI1351i5 RA —=Title Data ey sey SS Ba6 4 50%@ Cedar Creek 5090 Cedar Creek’ Lot 10, (E1/2), Block 3 5096 Cedar Creek Lot 10, (21/2), Block 3 5099 Cedar Creek Let.7, (WU2), Block 2 5095 Cedar Creek, 5081 Cedar Creek 5O79 Cedar Creek Lot 6, (F 1/2), Block 2 5075 Cedar Crecle Lot 5, (W-1/2), Block 2 teTitle Data RA fTDI13515 Lat 9, (W1/2), Block 3Lot 7, (@ 1/2), Block 2° Lot 6, (W 1/2}, Bloék 2° HA V578348.012 « .
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rable, Ovner (spouse) Kasturi Kumar, a Printed Name: Ashwin Kumar PTT wh St Ovmer (spouse) Marty Dudley Funted Name: William N. Dudley te Ovmner (spouse) Lisha Halt Printed Names Joimny L. Hall | * . Nw Ovmer (spouse) Jennifer Garza Printed Name: Rithard Garza’ , ATA . KM Ovmer (spouse) * Printed Name: Nader Goravanchi , NifA Owner (spouse) Shzanue Stuchly Printed Name: Michael Stachly Owner (spouse)-Sylvia Giatnmalva Printed Name; $V. Giammatva Owner (shonse) : Printed Name: Gilboa Homes, { Inc.
By Teruel Ben Moyal Q THE STATE OF TEXAS § COUNTY OF HARRIS § .
_ Sanuary P00, A Wir) Bhatt and Ky<tur Kumar.
dao t .
2 NISHA DHIR : Notary Public in and for Cs id te Rien cbe lata . The of T: ~ MARCH 20, Aner 20 2008 [24 oz.
COUNTY OF HARRIS - § ‘This instroment was acknowledged before me on the day of Decamber, 2001, by and. ‘ Notary Public in and for
r Cs id te Rien cbe lata . The of T: ~ MARCH 20, Aner 20 2008 [24 oz.
COUNTY OF HARRIS - § ‘This instroment was acknowledged before me on the day of Decamber, 2001, by and. ‘ Notary Public in and for The State of Texas 4 TRE STATE OF TEXAS “ g N COUNTY OF HARRIS 5 d ‘This instrament wes acknowledged before me oa the day of December, 2001, by and ‘ : ¥ I Notary Public in and for q ‘The State of Texas Mh THE STATE OF TEXAS § COUNTY OF HARRIS § fi n This instrament was acknoviledged before me on the day of Decanber, 2001, by and : Notary Public in ang for The State of Texas THE STATE OF TRXAS $ COUNTY OF HARRIS § Seer tary EOE - Notary Public in and for The State of Texas Tithe Data RA TDI13515 HA V578348.013 ‘THE STATE OF TEXAS nr: ‘counry oF HARRIS,’ ot § cs instrument wes scinoinien ete: db bday ce Dect, 200i ry Writ. © Hemi. ond Lauia J eliota Him paut ” o™ . FLX PUBLIO “STATE OF TEXAS THE STATE OF TEXAS a 8g COUNTY OF Hanis a This instrument was acknowledged before me on the day of December, 2001, by Notary Public in and for , The State of Texas | “THE STATE OF TRXAS OT, bo 4 couNry or HARRIS noe , § “fs . This instrument was acknowledged before me onthe day of December, 2001, by - ih: . and . . ‘ -_ , . .
, Notary Public in and for Ms The Stats of Texas. ' He .
THE STATE OF TEXAS 5° COUNTY OF HARRIS , TL tg This instrument was acknowledged befvre me dathe = day bf Dessenber, 2001, by Notary Public in and for The State of Texas .
. THE STATE OF TEXAS | .- 8. h COUNTY OF HARRIS — " "8 _ This instrament was seine ete a onthe day of December, 2001, by oor - : I tound to be inadequate ie ths bast Photo mpi i . . The State of Texas : .
Tepfoductlon because oi Iilegibiliy. cares we? ob : enone epolored paper, eto, i blookouts j a aad
DE | Hetny nbc ma oor - : I tound to be inadequate ie ths bast Photo mpi i . . The State of Texas : .
Tepfoductlon because oi Iilegibiliy. cares we? ob : enone epolored paper, eto, i blookouts j a aad were ; : . : t 8 Instrument was fled ad rvde. at the time r ; pitle Data RA YDII3515 HA v578345.004 . 7 3 .
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. DOE PROTO REREA YAMA SESTRNTS ThE THE STATE OF TEXAS ‘COUNTY OF HARRIS / , Srttly, Tes oe se _. FEB 4 2002 . .
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‘ Title Data RA TDI13515 V578348_095 ————_— COUNTY CLERK .
* HARRIS COUNTY, TEXAS’ ESE REL, O2 SE OF IRE FESCOTEEO REEL PROPERTY SRB TE OF CORR OR DATES LUG Seb URELPOACELICE DEDEA FEDERAL Lew, . . Uaaisby é0cy fa ie fuente FLED i FFs Wiebe Seczetce co he dae aM tba fo - + yeped beoea hy viaad era RECORDED. kOe PS Reseed Psd Peg ty ade