OF COVENANTS, CONDITIONS AND: RESTRICTIONS — ' THIS DECLARATION, made on the date hereinafter set forth by San Joaquin Parkway Subdivision, Inc., hereinafter referred to as “Declarant”, a oS WITNESSETH County of Galveston, State of Texas 77546, which is more particularly described as: | Carmel Village and Mission Estates Subdivision, Phases 1, 2, NOW THEREFORE, Declarant hereby declares that ail of the properties described above shail be held, sold and conveyed subject to the following easements, restrictions, © covenants, and conditions, which are for the purpose of protecting the value and desirability _ of, and which shall run with the, the real property and be-binding on all parties having any — right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. - ARTICLE | DEFINITIONS.
Section 1. "Association" shall mean and refer to San Joaquin Parkway Subdivision, -Inc., its successors and assigns.
‘more.persons or entities, or a fee simple.title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. a - ae _ Section 3. "Properties" shall mean and refer to: (a) that certain real property first hereinabove. described, and (b) such additions thereto as may,be hereafter be brought within, the jurisdiction of the Association. : .
Section 4, "Lot" shall mean and refer to any plat of land shown upon any:
ove. described, and (b) such additions thereto as may,be hereafter be brought within, the jurisdiction of the Association. : .
Section 4, "Lot" shall mean and refer to any plat of land shown upon any: recorded subdivision map of the Properties, or a residential building site resulting from a with the exception of property designated thereon as “Reserves” or "Common Area”, if any. - So, Section 5, "Common Area" shall mean all real property together with -the . qbrovements thereon owned by the Association for the common use and benefit of the .
wners, _— ' Section 6. "Declarant" shall mean and refer to San Joaquin Parkway _ Subdivision, Inc., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development: For the purpose of this Declaration, "developed Lot" shall mean a Lot with the street on which it faces opened and improved with utilities installed and ready to furnish utility service to such Lot, and an “undeveloped Lot" is any Lot which is nota developed Lot.
ARTICLE 1 USE RESTRICTIONS © Section 1. Single Family Residential Construction. No building shall be erected, altered or permitted to remain on any Lot other than one single-family residential!
dwelling not to exceed two (2) stories in height, which may have a private (garage/ear ort) for. not more than three (3) cars and bona tide servants! quarters which structures shal not a exceed the main dweiling in height and which structures may be occupied only by a member of the family occupying the main residence on the building site or by domestic — servants employed on the premises and no room(s) in the dwelling and no spgee in any
s may be occupied only by a member of the family occupying the main residence on the building site or by domestic — servants employed on the premises and no room(s) in the dwelling and no spgee in any _ other structure shail be let or rented. This shall not preclude the main residentigf structure from’ being leased or rented in its entirety as a single residence to one family ar person.
-lcharacter shall be erected or placed or the erection thereof begun, or changes made in the design thereof. after original construction, on any Lot until the construction plans an | specifications and a plan.showing the location of the structure or improvements f ave een submitted to and approved in writing by the gions Hg Control Committes, or ts i authorized representative, as to compliance’with these restrictions, quality of mate ae hatmony of external design with existing and proposed structures and as to location wi respect to topography and the finished grade elevation. If there exists at any time one or icies int i C ittee, ini embers mote vacancies in the Architectural Control Committee, the remaining member or m é of such Committee may designate successor membar(s to fill such vacancy or vacancies "provided that Declarant may from time-to-time, without liability of any character for so doing, remove and replacé any. such members of the Architectural Control Committee as it may In its sole discration determine. The Declarant, Architectural Control! Committee and the individual. members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. In the event the Committee ails
rol! Committee and the individual. members thereof shall not be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. In the event the Committee ails to indicate its approval or disapproval within thirty (80) days after the receipt of the require documents, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied. Declarant hereby retains its rights to assign the duties, powers and responsibilities of the Architectural Control Committee to San Joaquin Parkway Homeowners Association when one-hundred percent (100%) of:all Lots and all subsequent sections of Carmel Village and Mission Estates Subdivisions Phases 1 and 2 are occupied by residents, and the term “Architectural Control Committee" herein - shall include the Association, as such assignee. The approval or lack of disapproval! by the Architectural Control Committee shall not be deemed to constitute any warranty or representation by such Committee including, without limitation, any warranty or representation to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations, Anything contained in this Paragra h2or elsewhere in this Declaration to the contrary notwithstanding, the Architectural Control _ Committee, and its duly authorized representative, is hereby authorized and empowered, at its sole and absolute discretion, to make and permit reasonable modifications of and deviations from any of the requirements of this Deciaration relating to the type, kind, quantity or quality of the building materiais to be used in the construction of any building or _Improvement on any Subdivision Lot and of the size and location of any such building or
the type, kind, quantity or quality of the building materiais to be used in the construction of any building or _Improvement on any Subdivision Lot and of the size and location of any such building or improvement when, in the sole and final judgment and opinion of the Committee, or its duly authorized representative, such modifications and deviations in such improvements will be in harmony. with existing structures and will not materially detract from the aesthetic appearance-of the Subdivision and its improvements as a whole.
tural. Control Committee may require the submission to it of such S-(including as examples, but without limitation, written request for and ariances requested, plans, specifications, plot plans and samples of -deém appropriate, in connection with its consideration of a request for a ectural Control Committee shall approve such requests for a variance, ntrol Committee may evidence such approval, and grant its permission nly by written instrument, addressed to the Owner and the Lot(s) relative ‘Suc ‘lance has been requested, describing the applicable restrictive ) and the: particular variance requested, expressing the decision: of the ‘al rol Committee to permit the variance, describing (when applicable) the on which the variance has been approved (including as examples, but without 3; the: - Of alternate materials to be permitted, and alternate fence height Or Sp ig the location, plans and specifications applicable to an approved igned by a majority of the then members of the Architectural Control he committees duly authorized representative). Any request for a iaméd to have been disapproved for the purposes hereof in the event notice: of disapproval from the Architectural Control Committee; or (b)
ommittees duly authorized representative). Any request for a iaméd to have been disapproved for the purposes hereof in the event notice: of disapproval from the Architectural Control Committee; or (b) ctural Control Committee to respond to the request for variance. In the fal: Control Committee or any successor to the authority thereof shall not and/or the term of the Architectural Control Committee shall have ard of Directors of the-Association shall not have succeeded to the herein provided, no variances from the covenants shall be permitted it Jarant that no variances be available except at the discretion of rol Committee, or if it shall-have succeeded to the authority of the | Committee in the manner provided herein, the Board of Directors of 9 Architectural Control! Committee shall have no authority to approve pt as expressly provided in this Declaration. 7 _ Section 3. Minimum Square Footage Within improvements. The living area 18: ar Of the main residential structure (exclusive of porches, garages and .
hall not be less than one-thousand (1,000) square feet for one-story living area for a multi-story dwelling shail not be less than one-thousand -2i i 4in residential . ion 4. Exterior Materials. The exterior materials of the main rest structure and any attached garage and servants’ quarters shall not be less than fity percent (50%) stucco and masonry on the ground floor, unless otherwise approved by Architectural-Control Committee. | Sectlon 5. Location of the improvements Upon the Lot.
No buildi in arer to the front line or vyaror vo the atrest sideline than the minimum building setback line show on the
ot.
No buildi in arer to the front line or vyaror vo the atrest sideline than the minimum building setback line show on the recorded plat. No building shall be located on any lot nearer than twenty (20) eet y | side street line. Subject to Paragraph B of this Section, no building shall be jostle nearer than seven point five (7.5) feet to any interior lot line, except that a detache garage or other permitted accessory building may be located within three (5) feet of an interior tot ine.
Section 6.
A. Composite Building Site. Any owner of one or more adjoining Lots (or portions thereof) may consolidate Such Lots or portions into one single-family residence building site, with the privilege of placing or construction improvements on such site, in which ‘case setback lines. shall be measured from the resulting side property lines rather than from — the lot lines shown.on the recorded plat. Any such proposed composite building site(s) _ must be approved by the Architectural Control Committee.
B.- Resubdivision of Lots. No lot shall be resubdivided, nor shall any building be erected or placed on any such resubdivided.Lot, unless each building site resulting from such resubdivision shall have a minimum width of not less than 70+ feet at the front building line; provided, however, that nothing contained herein shall be construed to prohibit the resubdivision of any Lot or Lots within the Properties by the Owner thereof prior to construction of residence(s) thereon if such resubdivision results in each resubdivided Lot.or building site having the minimum Lot width aforesaid. Any such resubdivision must be approved by the Architectural Control Committee. Declarant shall have the right, but shail
each resubdivided Lot.or building site having the minimum Lot width aforesaid. Any such resubdivision must be approved by the Architectural Control Committee. Declarant shall have the right, but shail never be ‘obligated, to resubdivide into lots, by recorded plat-or in any other lawful manner, all.or any part of the property contained within the outer boundaries of the subdivision plat, and suoh tots, as replated, shall be subject to these restrictions as if such lots were originally included herein. Any such replat must comply with all local, state, FHA; and VA replatting ordinances, statutes, regulations and requirements.
Section 7. Easements. Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat and no structure of any kind shall be erected upon any of said easements. Neither Declarant nor any utility company using — the easements shall be liable for any damage done by sither of them or their assigns, their agents, ame loyees or servants to.s rubbery, trees, flowers or improvements of the owner located on the land within or affected by said easements.
- Section 8. Prohibition of Trade and Offensive Activities. No activity, whether for profit.or not, shail be conducted on any Lot which is not related to single fami y ~ Tesidential: purpeses. No noxious or offensive activity of any sort shall be permitted:tier shall anything be‘done on any Lot which may be or become an annoyance or a nuisance to the neighborhood. a . Section 9. Use of Temporary Structures. No structures of a temporary character, mobile home, camper, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Portable buildings used for
ctures of a temporary character, mobile home, camper, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Portable buildings used for accessory or storage purposes shall be limited to not more than eight (8) feet in height and one hundred twenty (120) square feet of floor space and shall be subject to approval of ~, the Architectural Control Committee. Temporary structures may be used as building offices and for related purposes during the construction period. Such structures shall be inconspicuous and slightly and shall be removed immediately after completion of construction and shall be subject to approval of the Architectural Control Committee.
. Section 10. Storage of Automobiles, Boats, Trailer and Other Vehicles.
No boat trailer, boats, travel trailers, inoperative automobiles, campers, or vehicles of any ~ kind: shall be semipermanently or permanently stored in the public street ri ht-of-way or from public view, either within the garage or behind a fence which encloses the rear Gite. * Lot. _ refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor .
shall any wells, tanks, tunnels, mineral excavation, or shafts-be permitted upon or in any Lot.
No derrick or other. structures designed for the use of boring for oil or natural gas shail be erected, maintained, or permitted upon any Lot.
_ ection 12. Animal Husbandry. No animals, livestock or poultry of any kind sha be raised pred or-kept on any Lot except that dogs, cats or other common household pets
ined, or permitted upon any Lot.
_ ection 12. Animal Husbandry. No animals, livestock or poultry of any kind sha be raised pred or-kept on any Lot except that dogs, cats or other common household pets of the domestic variety may be kept provided that they are not kept, bred or maintained for commercial purposes and provided that no more than two (2) of each type animal is kept.
section 13. Walls, Fences and Hedges. No wall, fence or hedge shall be » erected or maintained nearer to the front lot ine than the front building line on such Lot, nor on "comer lots nearer to. the side lot line than the building setback line parallel to the side street.
- No side or rear fence, wall or hedge shall be more than six (6) feet in height. No chain link = - fence type construction will be permitted on an Lot, except to enclose a swimming poo all chain link fences must be approved by the Architectural Control Committee. Any wall, fence or hedge erected on a Lot by Declarant or its assigns, shall pass ownership with title to the Lot and it shall be owner's responsibility to maintain said wall, fence or hedge | thereafter. — Section 14. Visual Obstruction at the Intersection of Public Streets. No object or thing which obstructs sight lines at elevations betwaen two (2) and six (6) feet _.above the surface of the streets within the triangular area formed by the curb lines of the -. streets.involved and a line running from curb line to curb line at points twenty-five (25) feet from the junction of the street curb lines shall be placed, planted or permitted to remain on vanycomeriots. = . .
Section 15. Lot Maintenance. The Owner or occupants of all Lots shall at ail times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and
emain on vanycomeriots. = . .
Section 15. Lot Maintenance. The Owner or occupants of all Lots shall at ail times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in.no event use any Lot for storage of material and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted. The accumulation of garbage, trash or rubbish.of any kind or the buming, (except. to, as permitted -by law) of any such materials is prohibited. In the event of default on the: paitt: .- .
of the Owner or occupant of any Lot in observing the above requirements or any of them, such default continuing after ten (10) days' written notice thereof, Declarant or its assigns, may without being under any duty to so do, in trespass or otherwise, enter upon said Lot, cut, or Cause to be cut, such weeds and grass and remove or cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions and to place said Lot in‘a reat, attractive, healthful and sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work, The Owner or occupant, as the case may be, agrees by the purchase or occupation of the Lot to pay such'statement immediately upon receipt thereof, .
,, soection 16. Signs, Advertisements, Billboards. No sign, advertisement, billboard or-adveitising structure of any kind shall be placed, maintained or displayed to the public view on any Lot except one sign for each building site, of not more than five (6) Square feet, advertising the property for sale or rent. Declarant, or its assigns, shall have the
e (6) Square feet, advertising the property for sale or rent. Declarant, or its assigns, shall have the Lots, and in doing so shal! not be subject to any liability for trespass or other tort in ‘ connection therewith oF arising from such removal. Declarant or its assigns, may maintain, as:.
long as it owns property in Carmel! Village and Mission Estates phases 1 and 2 ‘if or upon such portion of the Properties as Declarant may determine, such facilities as in its sole discretion may be necessary or convenient, including, but without limitation offices, storage _ areas, model units.and signs, and Declarant may use, and permit such builders (who are at the relevant time building and selling houses in Carmel Village and Mission Estates phases 1. and.2 to use residential structures, garages or accessory buildings for sales offices and display purposes. but all rights of Declarant and of any builder acting with | Declarant’s permission under this sentence shall be operative and in effect only during the _ construction and initial sales period within the area. oo.
_ Section 17. Roofing Material. The roof of any building (including any garage or servant's quarters) shall be constructed or covered with (1) wood shingles or (2) asphalt or composition type shingles comparable in color to wood shingles. The decision of such comparison shall rest exclusively with the Architectural Contro! Committee. Any other type of roofing-material:shali be permitted only at the sole discretion of the Architectural Contro!
Committee upon written request.
Section 18. Maximum Height of Antennae. No electronic antenna. or devige-of —°
fing-material:shali be permitted only at the sole discretion of the Architectural Contro!
Committee upon written request.
Section 18. Maximum Height of Antennae. No electronic antenna. or devige-of —° any other ‘ype other than an antenna for receiving normal television signals shall be erected; - constructed, placed or permitted to remain on any Lot, houses or buildings. Television antenna:must be located to the rear of the roof ridge line, gable or center line of the principal dweiling. Freestanding antennae must be attached to and located behind the rear wall of the main residential structure. No antennae, either freestanding or attached, shall be permitted'to extend more than ten (10) feet above the roof of the main residential Structure | on. the Lot, or shal! be erected on a wooden pole, ° 7 -4Section 19. Sidewalks. Before the dwelling unit is completed and occupied, the - Lot Owner shall construct a concrete sidewalk four (4) feet in width parallel to the street curb © ' two. (2) feet back from. the boundary lines of the Lot into the street right-of-way and/or to street-curbs in the case of corner lots. Owners of comer lots shall install such a si ewalk both parallel to the front lot line and parallel to the side street lot line. Such sidewalks shall comply “with all Federal, State and County regulations respecting construction and/or specifications, if any. - .
‘Section 20. Underground Electric Service. An underground electric distribution system will be installed in that part of Carmel Village and Mission Estates phases 1 _ and 2, designated Underground Residential Subdivision, which underground service area.
shal! embrace all Lots in Carmel Village and Mission Estates phases 1 and 2 except.
nd Mission Estates phases 1 _ and 2, designated Underground Residential Subdivision, which underground service area.
shal! embrace all Lots in Carmel Village and Mission Estates phases 1 and 2 except.
the extreme east lots of Mission Estates phases 1 and 2 along east boundary will be served from overhead service. The owner of each Lot in the Underground Residential Subdivision shall, at his own cost, fumish, install, own and maintain (ail in accordance with the _ requirement of local governing authorities and the national Electrical Code) the underground service cable and appurtenances from the point of the electric company’s metering on the Customer's structure to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attached to be made available by the _ aléctric- company at a point designed by such company at the property line-of each Lot.
— ' The electric company furnishing’service shall make the necessary connections at said point -_of-attachment and at the meter. In addition the Owner of each such Lot shall, at his own cost, fumish, install, own and.maintain a meter loop (in accordance with then current standards and specifications of the electric company fumishing service) for the location and installation of the meter of such electric company for the residence constructed on such Owner's Lot. For so / long as-underground service is maintained in the Underground Residentia! Subdivision, the electric service to each Lot therein shall be underground, uniform in character and exclusively.
of the type known as single phase, 120/140 volt, three wire, 60 cycle, alternating current. The electric company has installed the underground electric distribution system in the
er and exclusively.
of the type known as single phase, 120/140 volt, three wire, 60 cycle, alternating current. The electric company has installed the underground electric distribution system in the Underground Residential Subdivision at no cost to Developer (except for certain conduits, where. applicable) upon Developer's representation that the Underground Residential Subdivision Is being developed for single-family dwellings and/or townhouses of the usual and customary type, constructed upon the premises, designed to be permanently located upon the Lot where originally constructed and built for sale to bona fide purchasers (such category of dwelling and/or townhouses expressly excludes, without limitation, mobile homes and duplexes). Therefore, should the plans of Lot Owners in the underground Residential Subdivision be .changed’so that dwellings of a different type will be permitted sion, the company shall not be obligated to provide electric service to a Lot of a different type is located unless (a) Developer has paid to the.
t representing the excess in cost, for the entire Underground Residential underground distribution system over the cost of equivalent overhead fa “such Subdivision, or (b) the Owner of such Lot, or the applicant for 88 0 the electric company the sum of (1) $1.75 per front fot foot, it having be such amount reasonably represents the excess in cost of ths ution system to serve such Lot, plus (2) the cost of rearranging and _ adding ‘any electric facilities serving such Lot, which rearrangement and/or additi determined by the company to be necessary. rang /o addition as MISSION ESTATES HOMEOWNERS ASSOCIATION.
| MEMBERSHIP AND VOTING RIGHTS 7 ‘Section 1. Every Owner of a Lot which is subject to assessment shail be.a
o be necessary. rang /o addition as MISSION ESTATES HOMEOWNERS ASSOCIATION.
| MEMBERSHIP AND VOTING RIGHTS 7 ‘Section 1. Every Owner of a Lot which is subject to assessment shail be.a _ member of the Association. Membership shall be. appurtenant to and may not be ‘separated from ownership of any Lot which is subject to assessment Section 2. The Association shail have two classes of voting membership; ll be entitled to.one vote for each Lot owned. When more than one. - rest in any Lot, all such persons shall be members. The vote for such xercised as they determine, but in no event shall more than one vote be cast Lot. Holders of future interests shall not be considered as Owners for ting hereunder. ' os a .
The Class 'B member(s) shall bé Declarant. or its successor : assign shall be entitled to three (8) votes for each Lot owned. The Class B membe ship shall-cease and be converted to Class A membership on the happening of -5“by-a Ween either of the following events, whichever occurs earlier: (1 \. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class:B membership.
(2). On January ist 1987, ARTICLE IV | COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments.
Declarant, in the case of each Lot owned within the Properties, hereby convenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, shall be deemed to convenant and agree to pay to the _ Association: (1) annual assessments or charges, and (2) special assessments for capital improvements or for repayment of funds borrowed and used in payment of capital
nvenant and agree to pay to the _ Association: (1) annual assessments or charges, and (2) special assessments for capital improvements or for repayment of funds borrowed and used in payment of capital improvements. Such assessments shall be established and collected as hereinafter provided. The annual and! special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot and shall be a continuing fien upon the Lots against which each such assessment is made. Each such assessment, together with interests, costs and reasonable attorney's fees, shail also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties. .
_ Section 3. Maximum Annual Assessment. Until January 1, of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be $40.00 per lot.
{a) From and after January 1, of the year immediately following the conveyance Owner, die: maximum annual assessment may be increased each year ee, te é than tenzpercent (10%) above the maximum annual "Could have ‘been tiade ~withoutia:vote.gt:theanembership in the case of ‘ ‘(b) | From and after January 1 of the year immediately following th NO) FFOM r January g the conveyance of the first Lot to.an Owners‘the.- maximum annual assessment-may be increased to an amount srohtimosthids Bias or (10%) of the maximum assessment for the previous year ating duly ca .
led for such purpose.
rectors of the Association may fix the annual assessment at thiosrmaximum. |
amount srohtimosthids Bias or (10%) of the maximum assessment for the previous year ating duly ca .
led for such purpose.
rectors of the Association may fix the annual assessment at thiosrmaximum. | .. Section 4. Special Assessments for Capital Improvements. in addition to the annue sessment authorized above, the Association nay levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in part, the-cost of any construction, reconstruction, repair or replacement of a capital ymprover ent upon the Common Area, including fixtures and personal property related Vat prouldea that any such assessments shall have the assent of two-thir Ss (2/8) of the es. in -sach class.of members ) i talled for thie putoes who are voting in person or by proxy at a meeting duly Section 5. Notice and Quorum for any Action Authorized under Section 3 _ - and 4. Written notice of any meeting called for the purpose of taking any action authorized under Séctions 3 and 4 shall be mailed (by U.S. first class mail) to all members not jess than thirty (80) days nor more than sixty (60) days in advance of the meeting, “At the'first: S ae ce. of Members or of:proxies entitled to cast a minimum of lass of membership shail'constitute a quorum. «lf the required fit at any such meeting, the meeting shall be adjourned but ano lied subject to the same notice requirements, but the required ora at case meeting:shall be one-half. @/2):of the required quorum applicable in the 3@ of the-preceding meeting to each class of membership. No such subsequer inc shail be. held more'than sixty ‘60) days following the preceding meeting. equent meeting ' Section 6. Rate of Assessment. All Lots in Carmel Village and Missi
lass of membership. No such subsequer inc shail be. held more'than sixty ‘60) days following the preceding meeting. equent meeting ' Section 6. Rate of Assessment. All Lots in Carmel Village and Missi Estates phases ‘1 and 2 shall commence to bear their applicable maintenance fund ; assessment simultaneously and Lots in Carmel Village and Mission Estates phases 1 and 2, owned by Declarant are not exempt from assessment. Lots which are occupied by -6)-of each class of members who are voting in persem-arby.- . by residents shall be subject to the annual assessment determined by the Board of ‘Directors in accordance with provisions of Sections 3 and.7 hereof. Improved Lots in _ Carmel! Village:and Mission Estates phases 1 and 2 which are not occupied by a resident.and which are owned by Deciarant, a builder, or a building company, shall be _ assessed.at the rate of one-half (1/2) of the annual assessment above. The rate of assessment for an individual Lot, within a calendar year, can change as the character of ownership and the status of occupancy by a resident changes, and the applicable assessment for such Lot shall be prorated according to the rate required during each type of ownership. oe 7 Section 7. Date of Commencement of Annual Assessments; Due Dates.
The: annual assessments provided for herein shall commence as to all lots.in Carmel Village and. Mission Estates phases 1 and 2 on the first to occur of (i) the first day of January, 1986, or (ii) the first day of the month following the conveyance of the first Lot to a resident, The annual assessment shall be adjusted according to the number of months remaining in the then current calendar years. The Board of Directors shall fix the amount of.
of the first Lot to a resident, The annual assessment shall be adjusted according to the number of months remaining in the then current calendar years. The Board of Directors shall fix the amount of.
_ the annual‘assessment against each Lot at least thirty (30) days in advance of each arindal assessment period. Written notice of the annual assessment shall be mailed (by U.S. first class mail) to every Owner subject thereto. The payment dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the | assessments on a specified Lot have been paid and the amount of any delinquencies, The Association shall not be required to obtain a request for such certificate signed by the Owner but may deliver such certificate to any party who in the Association's judgment has a " legitimate reason for requesting same. i ‘Section 8. Effect of Nonpayment of Assessments: Remedies of the | Association. .Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of ten percent (10%) per annum. The “Association may bring an action at law against the Owner personally obligated to pay the assessment, or foreclose the lien against the Lot involved. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use-of the Common Area or abandonment of his lot. St, .
_Section 9. Subordination of the Lien to Mortgages. The lien of the . assessments provided for herein shall be subordinate to the lien of any first mortgage existing. at anytime upon the particular Lot involved. Sale or transfer of any Lot shall not
s. The lien of the . assessments provided for herein shall be subordinate to the lien of any first mortgage existing. at anytime upon the particular Lot involved. Sale or transfer of any Lot shall not affect t 2 assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure (whether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due Prior {9 Such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but such lien shall exist as, .
and constitute, a Separate and distinct charge and lien on each Lot. .
ARTICLE V GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, convenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, Failure by the Association or by any Owner to enforce any convenant:or patriction herein contained shall in no event be deemed a waiver of the right to do so © Section 2. Severability. Invalidation of any one of these convenants or Testrictions by judgment or court order shail in no wise aiff isi : remain in full roo anal eices ect any other provisions which shall _ Section 3. Owner's Easement of Enjoyment. Every Owner shail have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to avery lot subject to the following provisions: To a (a) The right of the Association to charge reasonable admission and o the use.of-any recreational facility situated upon the Common Area. oe ther fees for
lot subject to the following provisions: To a (a) The right of the Association to charge reasonable admission and o the use.of-any recreational facility situated upon the Common Area. oe ther fees for — (b) The right of the Association to suspend the voting rights and right to use of the: recreational facility by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for each infraction of its published rules and.regulations. . oo, (c). The right of the Association to dedicate or transfer all or any part of the Common -7or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be éffective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded in the Public Records of Real Property of Galveston County, Texas.
. (d) The right of the Association to collect and disburse those funds as set forth in Section 4. Delegation of Use. Any Owner-may delegate in accordance with the Bylaws of the San Joaquin Parkway Subdivision Homeowner's Association, Inc.
his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. .
Section 5. Amendments. These covenants shall run with the land and shall be binding-upon ail parties and all persons claiming under them for a period of forty (40).years.. .. .: from the date these covenants are recorded, after which time said covenants shall:ibe:: | .
automatically extended for successive periods of ten (10) years each, unless an instrument
40).years.. .. .: from the date these covenants are recorded, after which time said covenants shall:ibe:: | .
automatically extended for successive periods of ten (10) years each, unless an instrument signed bya majority of the.then owners of the Lots has been recorded agreeing to change or terminate said covenants in whole or in part. The terms and provisions of these restriction endéd-atany time when an instrument setting forth said changes and ins Hoh nga majority of votes-in the Association is. placed on record: tecords.of Galveston County, Texas. .
- ‘Section 6. “Annexation. | : (a) Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members.
_ (b).. Staged Developments. Additional land within the area described in Deed Book 17, Page 150 of the land records of Galveston County may be annexed by the Declarant without the consent of members within 5 years of the date of this instrument provided that the FHA and the VA determine that the annexation is in accord with the generai plan heretofore approved by them. Lon Section 7, FHA/VA Approval. As long as there is a Class B membership, the following actions-will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of subsequent sections of Phase 3 & 4 and amendment.of this Declaration of Covenants, Conditions and Restrictions, and Dedication.
of Common Areas.’
Section 8. Books and Records. Th2e books, records and papers of the Association shall, during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation, Bylaws of the Association, and Restrictive Covenants shail be available for inspection by any members at the principal office of the |
bject to inspection by any member. The Articles of Incorporation, Bylaws of the Association, and Restrictive Covenants shail be available for inspection by any members at the principal office of the | Association where copies may be purchased at a reasonable cost.
. Section 9. In the case of any conflict between the Articles of Incor oration and these Bylaws, the Articles shall control; and in the case of any ‘conflict between the Declaration and these Bylaws, the Declaration shall control.
Section 10. Omissions. {f any punctuation, word, clause or pr isioris necessany.”° appearing in this Declaration shall be omitted herefrom, then it is hereby declared that such.
omission was unintentional and that the omitted punctuation, word, clause, sentence or provisions shall be supplied by inference.
Section 11. Joinder by Community Association. San Joaquin Parkwa Homeowner's Association, joins herein for the pur Svidencing its any acceptance hereof. } J9Ins herein $ purposes of evidencing its approval and EXECUTED this the dayof_ 19 DECLARA TION _ OF COVENANTS, CONDITIONS AND RESTRICTIONS The State of Texas County of Galveston Before me, a Notary of Public on this day personally appeared the person(s) known.to me to be the person(s ) whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this Lbs f day of Apel AD.49.95 © ah, Notary Public, State of Texas Upudias k Beekman, Print name of Notary Public-here CLAUDIA L. BRINKMAN "Notary Publle, State of Texas My Con pies 1-248 My commission expires the day of | 19 BY-LAWS . OF _
ary Public, State of Texas Upudias k Beekman, Print name of Notary Public-here CLAUDIA L. BRINKMAN "Notary Publle, State of Texas My Con pies 1-248 My commission expires the day of | 19 BY-LAWS . OF _ -MISSION ESTATES SUBDIVISION, INC NAME AND LOCATION. The name of the corporation is San Joaquin Parkway Subdivision Ine., hereinafter referred to as the "Association". The principal office of the corporation shalll bé located at P.O. Box 303 Friendswood, Texas 77549 but meetings of members and directors may be held at such places within the State of Texas, County of’ Galveston, as may be designated by the Board of Directors.
ARTICLE Il.
DEFINITIONS. |.
“Section 1. ."Association" shall mean and refer to San Joaquin Parkway _ Subdivision, oe - .
cits: successors and assigns. .
| ‘Section a Properties" shail mean and refer to that certain real property described i in the Détiaration of Covenants, Conditions and Restrictions, and such additions: théréto as may hereafter be brought within the jurisdiction of the Association.
‘Section 3:°"Common Area" shall mean all real property owned by the Association for the common. use and. enjoyment of the Owners..
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
‘Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons.or. entitles, of the fee simple title to any Lot which is a part of the | Properties, including contract sellers, but excluding those having such interest merely as security for the perform ance of an obligation.
. Section 6...."Deciarant" shall mean and refer to. Carmel Village and Mission Estates phases 1 and 2, its successors
ose having such interest merely as security for the perform ance of an obligation.
. Section 6...."Deciarant" shall mean and refer to. Carmel Village and Mission Estates phases 1 and 2, its successors and. assigns. if such. SUCCESSOFS Or assigns should acquire more than one undeveloped Lot from: the Declarant for the purpose of development.
Section. 7.. .“Declaration" shail mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of County Cierk, Galveston County, Galveston Texas. .
Section 8. "Member" shall mean and refer to those persons entitled to membership as: provided i in the Declaration.
-10ARTICLE Ill MEETING OF MEMBERS | . Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shail be held on the same day of .
the same month of each year thereatter, at the hour of 7:00 o'clock, P.M. If the day for .
the annual meeting of the members is a legal holiday, the meeting will be held atthe.
‘same hour on the first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by the Board of Directors, or upon written request of the.
members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A | ‘Section 3. Notice of Meetings. Written notice of each meeting of the members shal be given by, or at the direction of, the secretary or person authorized to call the — ‘meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days —
ting of the members shal be given by, or at the direction of, the secretary or person authorized to call the — ‘meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days — betore such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the pu rpose of notice. Such notice shall spacity the place, day and hour of the meeting, and, in the case of a special meeting, the purpose: .
of the meeting.
or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership ” shail: constitate’ a quorum for any action except as otherwise provided in the Articles of ‘Incorporation, ‘the Declaration, or these By-Laws: If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have.
Power to adjoum the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented, Section 5. Proxies. At all meetings of members, each member may vote in.
_ person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shail be fevocable and shall automatically cease upon conveyance by the member ‘BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board 18 (9) ditectors, who need not be members of the Association.
-li"Section 2. Term of Office. At the first annual. meeting the members shalielegt
fairs of this Association shall be managed by a Board 18 (9) ditectors, who need not be members of the Association.
-li"Section 2. Term of Office. At the first annual. meeting the members shalielegt three directors for a term of one year, three directors for a term of two years and three : directors fora term of three years; and at each annual meeting thereafter the members shall | atin Of three years, . Section 3. Removal. Any director may be removed from the Board, ‘with or withoutcause,(by-a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. | Section 4. Compensation. No director shall receive compensation for any _ service he may render to the Association. However, any director may be reéifibursed'tor.°his-&6tual'expensess ineurred in the performance of his duties. | to take any action in the absence of a meeting which they could take at a meeting by © obtaining the written approval of all the directors. Any action 50 approved shail have the = same effect as though taken ata meeting of the directors.
NOMINATION AND ELECTION OF DIRECTORS Section 1. ‘Nomination. Nomination for election to the Board of Directors shill be | made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall | be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual
of a Chairman, who shall | be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the embers, to serve from the close of such annual meeting until the close of — _ the next annual meeting and such appointment shall be announced at each annual meeting.
The Nominating Committee shall make as many nominations for .
election to the Board of Directors as it shalll in its discretion determine, but not less than the — number of- vacancies that are to be filled. Such nominations may be made from ‘attonig’ "members or non- “members, | ‘Section 2. Election. Election to > the Board of Directors shall be by secret written ballot At such election the membersiof their proxies may cast, in respect to each vacancy, as. many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving. the largest number of votes shall be elected. Cumulative voting i is not .
permitted.
-12ARTICLE V! | | MEETING OF DIRECTORS — Section 4. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting Section 2. Special Meetings. Special meetings of the Board of Directors shall be he held when called by the president of the Association, or by any two directors, afternot. logs than three (3) days notice to each director. . _ Section 3.. Quorum. A majority of the. number. of. directors shall constitute a
president of the Association, or by any two directors, afternot. logs than three (3) days notice to each director. . _ Section 3.. Quorum. A majority of the. number. of. directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of ~ the directors. present ata duly held ld meeting at which a quorum is present shall be regarded as the act’ of the Board. | a ARTICLE Vil _ .
‘Section 1. Powers. The Board of Directors shall have power to: | (a) adopt and publish rules and regulations governing the use of the Commen Area.
and facilities, and the personal conduct of the members and their guests thereon, and to establish: penalties for the infraction thereof, | an (b) suspend the voting rights and right to use of the recreational facilities of a member during any period’in which such member shall be in default in the payment of any assessment levied: by the Association. Such rights may also be suspended after notice and hearing, for a a period not to exceed 60 days for infraction of published rules and regulations; (0). exercise for. the Association all powers, duties and authority vested in or 7 delegated to. this Association and not reserved to the membership by other provisions of .
these By-Laws, the Articles of Incorporation, or the Declaration; (d) edewtar the.office of a member.of the. Board of Directors to be vacant in the ‘event: such member shall: be absent from three (3 ) consecutive regular meetings of the Board of Directors; “and: .
—&) empioy a manager, or independent contractor, or such other employees as they | . deem: necessary,. and to prescribe their duties.
_ Section. 2. Duties. It shall be the duty of the Board of Directors to:
pioy a manager, or independent contractor, or such other employees as they | . deem: necessary,. and to prescribe their duties.
_ Section. 2. Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at -13any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote; their duties are properly performed; (1} fix the amount of the annual assessment against each Lot at least st thirty (30) - (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the tien against any property for which assessments are not paid _ within thirty. (30) days after due date or to bring an action at law against the owner personally | (d). issue, or to cause an appropriate officer to issue, upon demand by any person, a cettificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates, If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such _ (6) granite ‘an¢:maintain adequate liability:and hazard insurance on property owned: (f} cause all officers or employees having fiscal responsibilities to be bonded, as it mayd deem appropriate,
(6) granite ‘an¢:maintain adequate liability:and hazard insurance on property owned: (f} cause all officers or employees having fiscal responsibilities to be bonded, as it mayd deem appropriate, ©) cause the Common Area to be maintained ARTICLE vill _ OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a defitwho-shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by . resolution create.
"Section 2. Election of Officers. The election of officers shall take place atthe first meeting of the Board of Directors following each annual meeting of the mem bers.
Section 3, Term. Theé Off hae th this Association shall:be-elacted: “annually by the ‘Board and each shail hold office for'éiae removed, or otherwise disqualified to serve.
lassshe shail sooner resign, or shall be he. Section 4, Special Appointments. The Board may elect such other officers as the affairs of. the Association may require, each of whom shall hold office for such period, -14_ of account; : eau have such authority, and perform such duties as the Board may, from time to time, ' Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice — to the Board, the: president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by
n, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term > Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the - other offices except in the case of special offices created pursuant to Section 4 of this. .
Article.
‘Section 8, Duties. The duties of the officers are'as follows: President | . .
(a) “The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall:eo eheckssandipromissory notes.
Vice-President _ e(b) The vice-president shail act in the place and stead of the president in the. event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as. may be required of him by the Board. .
Secretary : () The secretary shall record the votes and keep the minutes of all meetings and | proceedings of the Board and of the members: keep the corporate seal of the Association and affix it on ail papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required _ by the. Board..
Treasurer @ The treasurer shall receive and deposit i in appropriate bank accounts all monies
sociation together with their addresses, and shall perform such other duties as required _ by the. Board..
Treasurer @ The treasurer shall receive and deposit i in appropriate bank accounts all monies ~ of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall signa all checks and promissory notes of the Association; meep proper books -15_aiederene ofineome and expenditures to be presented to the membership at its rguler annuabmesting and deliver. a copy of each to the members.
ARTICLE IX COMMITTEES Pietiesatiation shall. appoint an Architectural Control Committee, as provided | in the.
Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its | Purpose.
ARTICLE X ; | BOOKS AND RECORDS nab 2 business hours, be subject to inspection by any member. The Declaration, the 7 Articles of Incorporation and the By-Laws of the. Association shall be available for ‘inspection by any member at the principal oftice of the @ Association, where copies: may ‘be Purchased at reasonable cost. oe | oo : ARTICLE Xi | ASSESSMENTS Association annual and special assessments which are secured bya contin uing lien upon the property against which the assessment is made. Any assessments which are not paid when due shail be.delinquent. if the assessment is not paid within thirty (30) days after the due date; the assessment shall bear interest from the date of delinquency at the
sments which are not paid when due shail be.delinquent. if the assessment is not paid within thirty (30) days after the due date; the assessment shall bear interest from the date of delinquency at the rate of 1 0 percent per annum, and the Association may bring an action at law against the . Owner personally obligated to Pay the same or foreclose the lien against the property, and interest costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waiver or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his’ Lot ; oe ARTICLE XH CORPORATE SEAL Thie Association shail have a seal in circular form having within its s circumference the - 16ARTICLE Xill . AMENDMENTS -. Section 1. sfhese By-Laws may be amended, at a regular or special meating.of _ | the ineritiers; bya vote.of-a majority ofa quorum of members present in person or by” | piroxgy-6x eat that the Federal Housing Administration or the Veterans Administration shall have the right to.veto amendments while there is Class B membership.
Section 2.4n:the- case of any conflict between the Articles of Incorporation and ti. Atticlés: shall control: and in the case of any conflict between the feiss Byehaw ARTICLE XIV MISCELLANEOUS | ‘The fiscal year of the Association shall begin on the first day of January and end on ; the 3tst day of December of every year, except that the first fiscal year shall begin on the IN WITNESS WHEREOF, we, being all of the Directors of the San Joaquin Parkway. Rubdivision, ne. Association, have hereunto set our hands this .-
al year shall begin on the IN WITNESS WHEREOF, we, being all of the Directors of the San Joaquin Parkway. Rubdivision, ne. Association, have hereunto set our hands this .7 The State-of Texas County of Galveston Before me, a Notary of Public on this day personally appeared the person(s) kervcivel to me tobe the person(s s) whose name is subscribed to the foregoing instrument.
and acknowledged to me that he executed the same for the purpose and consideration therein expressed, Notary Pu li¢, State of Texas — ONudir kh. Beivkna) Print name of Notary Public here ~ , 19.
ey — ee ~17‘ aes : ‘ : a oae were ta AE be EE re eaten aceite Aidtertem Gq eee me ae ke semen ane tee oe shear oe . Perera MISSION ESTATES SUBDIVISION INC., Restriction and: plat amendments .
AMENDMENTS TO THE ORIGINAL "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS" FOR Mission Estates Subd., Inc. IN FRIENDSWOOD, TEXAS, 77546. Filed of record in Galvestoh County, Texas Court House .
150, According to Article V. of the above recorded Declarations the following amendments are hereafter changed as listed below; 1. Article 11, Section 2, is amended to include the names of the original Architectural Committee which shall consist of Donald C. © Dawson, Blaine Ballard, Alfred W. O'Farrell and William P. Jones. Any .
member may resign any time he desires and the remainder of the members will appoint another to serve in his place. If they can not agree on another “member then the Homeowners Association will appoint a person to fill the vacancy. a 2. Article 11,Section 4 will be amended to read as follows (For
erve in his place. If they can not agree on another “member then the Homeowners Association will appoint a person to fill the vacancy. a 2. Article 11,Section 4 will be amended to read as follows (For any home not started construction or that does not have a building permit issued before the date of this amendment, it will require that a minimum of 50% of all exterior walls (excluding gables, windows, and door openings) shall be constructed of masonary, masonary veneer or stucco construction unless otherwise approved in writing by the _ Architectural Committee. The exterior walls will include both storys of a two. story home. All plans must bé presented to the Arch. Committee | for their approval before construction has begun on any home.
3. Article 11, Section 6B, the sentence in the original DECLARATION that says " any such resubdivision must be approved by the ARCHITECTURAL ~ CONTROLL COMME " will be changed to read, " any such resubdivision must be. approved by the ARCHITECTURAL CONTROL COMMITTEE unless it is already changed by the FRIENDSWOOD CITY ORDINANCE (# E 85~2) date 1-14-1985 along with it's attached exhibit A which allows lots to be from 60 feet to 70 feet wide and those larger than 60. feet can have 7% feet interior lot side set backs and lots with side streets will have 20 feet building set backs on side streéts instead of 25 feet as on recorded plat as filed in Galveston. Also there are some lots in Block l,*which are affected by a pipeline encroachment that have to only have 20 feet front set backs instead of the usual 25 feet. Those lots already sold and being built upon will-only require 5 foot side set backs as also passed in ordinance # (E 85-2). , , The: Undersigned, having the power of attorney for GREAT AMERICAN HOMES.
hose lots already sold and being built upon will-only require 5 foot side set backs as also passed in ordinance # (E 85-2). , , The: Undersigned, having the power of attorney for GREAT AMERICAN HOMES.
INC. ( who ownes the only lots not owned by Friendswood Heritage Dev., Inc. of record in Galveston in Vol. 17, Page 150) to sign the replatting .
of this subdivision by metes and bounds so long as the lots are larger than those ‘on the recorded plat and to sign the amended DECLARATIONS AND RESTRICTIONS to conform to the attached Friendswood City Ordinance (#E 85~2) dated on 1-14-1985 and passed by the City Council on that date. (Power of Attorney.’
filed Galyostén,, poder # 8510434) a ot the state of: Texas a as County of Galveston . we cusses. Pp, ; _ Before me, a Notary Public, on this’ day’ personaliy appeared William P.
_ Jones and’ Alfred W. O'Farrell known td ire’ to be the persons whose name: is: Le ee eee eater rae ’,