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" THE STATE OF TEXA COUNTY OF MONTGOMERY REAL PROPERTY RECORDS 274-01-1824 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, LANCO PROPERTIES, INC., a Texas Corporation, is the owner of all that certain real property comprising Woodland Oaks, herein sometimes referred to as Subdivision, according to the map or plat thereof recorded.
or to be recorded on the Plat Records of Montgomery County, Texas, to which map or plat and its record thereof reference is here made for full and particular description of said real property; and WHEREAS, LANCO PROPERTIES, INC in its desire to keep the development= of said real property for the mutual benefit and pleasure of the més in said subdivision, and for the protection of such property values, desires to place on and against said property certain protective restrictive covenants regarding the use thereof.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that LANCO PROPERTIES, INC., a Texas Corporation, does hereby make and file the following declarations, reservations, protective covenants, limitations; conditions and restrictions regarding the use and/or improvements on the lots located in said Woodland Oaks, owned by the undersigned, including the dedicated roads, avenues, streets and waterways therein as follows: 1.
2.
BUILDING PERMITS AND ARCHITECTURAL CONTROL No building shall be erected, placed or altered on any lot, "property or area in this subdivision until the building plans, specifications and plot plans showing the location of such building have been approved in writing by Lanco.
Properties, Inc., or its designated representative, or such architectural control committee as may be established, as to conformity and harmony of external and structural design and quality with existing structures in the subdivision and as
esentative, or such architectural control committee as may be established, as to conformity and harmony of external and structural design and quality with existing structures in the subdivision and as to the location of the building and in conformity with the declarations, reservations, protective covenants, limitations, conditions and restrictions, as hereinafter set out.
In the event said Lanco Properties, Inc., or its designated representative or such architectural control committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, and if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to be fully complied with. Notice of disapproval shall be delivered in person or by registered letter, addressed to Purchaser's last known address, and which said notice will set forth in detail the elements disapproved and the reason therefor Such notice need not, however, contain any suggestions as to the methods of correcting the matters and things disapproved.
The judgement of the supervising authority or committee shall in all things be final.
COMMERCIAL LOTS The following lots are restricted for commercial or residential purposes: Reserves A, B, C, D, E, F and G RETURN TO: Robert L. Williams, 12400 North Freeway, Suite 208, Houston, Texas 77060 3.
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RESIDENTIAL LOTS 274-01-1825 Except for the commercial lots as described in 2. above, all lots in said Woodland Oaks, shall be known and designated as "residential lots" and shall be used for residential purposes only, and shall be subject to the following restrictions,
ed in 2. above, all lots in said Woodland Oaks, shall be known and designated as "residential lots" and shall be used for residential purposes only, and shall be subject to the following restrictions, reservations, protective covenants, limitations and conditions: A.
B..
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USE. No dwellings shall be erected, altered, placed or permitted to remian on any of said lots other that a single residence, designated and constructed for the use by a single family, together with such servants' quarters, garages and other structures as may be suitable and proper for the use and occupancy of said residents as a single family dwelling, nor shall any residente constructed thereon be converted into or thereafter used as a duplex, apartment house or any form of multiple family dwelling, nor shall any residence or combination of residences on separate lots be ad-vertised "for use or used as hotels, tourist courts or tourist cottages or as places of abode for transient persons. No trees shall be cut on any tract without written consent of seller unless contract is paid in full.
All dwellings erected on any residential lots shall have an interior area of not less than 1400 square feet, unless otherwise approved by Lanco Properties, Inc., or such representative or architectural control committee as described in 1. above.
No buildings or structure shall be occupied or used until the exterior thereof is completely finished. No building may be erected between the building, line as shown on the recorded plat and the street. No, building shall be erected nearer than fifteen (15) feet to any side street.
lot line.
No building or structure shall be erected on any lot nearer than five (5) feet, including roof overhang, from any interior lot line. The foregoing notwith-
teen (15) feet to any side street.
lot line.
No building or structure shall be erected on any lot nearer than five (5) feet, including roof overhang, from any interior lot line. The foregoing notwithstanding, the building lines and easements as set forth on the recorded map or plat of the subdivision and the easements hereinafter described shall control where applicable.
In no event shall any residential lot be used for any business purposes.
CONSTRUCTION. All materials used in the exterior construction of any residence or other structure must be approved by Lanco Properties, Inc., or its assigns or nominees before any structure may be erected and only new construction materials shall be used except for used brick. No concrete blocks shall be used is said construction and all buildings shall be build on a slab or solid concrete beam foundation, as approved by Lanco Properties, Inc., or such representative or architectural control committee as described in 1. above.
In no event shall any old house or building be moved on any lot or lots in said subdivision. The exterior construction of any kind and character, be it the primary residence, garage, proches, or appendages thereto shall be completed within six (6) months after the start of foundation.
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74-01-1826 DRIVEWAYS. All driveways must be paved before any new house may be occupied in this subdivision. All driveways must be constructed of either concrete or asphalt.
GARBAGE AND TRASH DISPOSAL .
Garbage and trash shall be disposed of at least once a week.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All garbage or trash accumulated from day to day shall be kept in covered sanitary
least once a week.
No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All garbage or trash accumulated from day to day shall be kept in covered sanitary containers All incinerators or other equipment, for storage or disposal of such material shall be kept in a clean and sanitary condition and not visible from any road or right-ofway.
NUISANCES No noxious or offensive trade or activity shall be carried on or maintained on any lot is said subdivision; nor shall anything be done thereon which may be or become a nuisance in the neighborhood. A nuisance shall include but not be limited to: a truck larger than three-quarter (3/4) ton parked on lots or roads or permanently dept on property; and motor vehicles not properly licensed by the State of Texas; junk or wrecking yards; automobiles, trucks or other vehicles used for parts.
EASEMENTS Certain easements are reserved over and across lots in the subdivision as indicated on the recorded subdivision plat and as further set forth herein, for the purpose of furnishing and/or the movement of electric power, water, sewage, drainage, telephone services and petroluem substances in and through the subdivision and all contracts, deeds and conveyances of any of said lots or portion thereof are hereby, made subject to such easements. Such easements also include the right to remove all trees within the easements. All such easements further include the right to trim overhanging trees and shrubs located on the property belonging to or being a part of this subdivision.
TEMPORARY STRUCTURES. AND RESIDENCES No trailer, mobile home, tent, shack, barn shall be moved upon or built upon any lot in this subdivision nor shall any garage or other out building be used as a temporary or
STRUCTURES. AND RESIDENCES No trailer, mobile home, tent, shack, barn shall be moved upon or built upon any lot in this subdivision nor shall any garage or other out building be used as a temporary or permanent residence in this subdivision.
ANIMALS No horses, cows, poultry or livestock of any kind other than house pets, may be kept on said property. No lot in this subdivision shall be used for the commercial breeding and feeding of any animal or birds..
FENCES AND PLANTS No fence or wall shall be located between the Street and the Building Line. All fences built of lumber shall be painted with at least two coats of paint or stain and maintained so ag to appear neat and presentable at all times.
SIGNS No signs of any kind shall be displayed to the public view on any tract or lat except one sign advertising the property for sale by Lanco Properties, Inc., or signs used by a builder to advertise the property during the construction and sales period, or any signs approved by the architectural control committee advertising the business on a commercial lot..
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ACCESS 274-01-1827 No driveways or roadways may be constructed on any lot in this subdivision that will furnish access to any adjoining lots or property without the express written consent of Lanco Properties, Inc.
DRIVEWAYS All driveways must be paved before any new house may be occupied in this subdivision. All parking lots and driveways must be paved before used by any commercial business in this subdivision.
CULVERTS The size and construction of all drain tiles or culverts in any drainage ditch (including road ditches) in Woodland Oaks, must be approved by the architectural control committee and in no event shall any such drain tile or culvert have an
tiles or culverts in any drainage ditch (including road ditches) in Woodland Oaks, must be approved by the architectural control committee and in no event shall any such drain tile or culvert have an inside diameter of less than eighteen (18) inches.
UTILITIES Each and every residence shall be required to connect to the water and sewer lines as soon as they are made available.
No butane tanks will be allowed.
RESUBDIVISION No lot may be resubdivided without the written approval of Lanco Properties, Inc.
FIREARMS The use or discharge of firearms is expressly prohibited within the subdivision.
MATERIALS STORED ON LOTS No building material or debris of any kind shall be placed or stored upon any lot except during construction.
MAINTENANCE FUND.
A.
B.
Each lot shall be subject to an annual maintenance fee of $120.00 per year, payable in monthly installments of $10.00 or in advance on July 1st of each year. Said fee to be collected and dispersed by the officers of Lanco Properties, Inc., or its successors, or assigns or nominees.
All past due maintenance charges shall bear interest from their due date at the rate of ten (10%) per cent per annum until paid. Such charges shall be a covenant running with the land, and to secure payment thereof, a Vendor's Lien is hereby retained by Lanco Properties, Inc., upon the property herein conveyed, subject and inferior, however, to a purchase money lien or construction money lien, or both.
: Such annual charges may be adjusted at any time on any lot by Lanco Properties, Inc., or its successors or assigns or any such maintenance association as may be established.
Funds arising from such charges shall be applied, so far as sufficient, toward the common good of the community, civic
successors or assigns or any such maintenance association as may be established.
Funds arising from such charges shall be applied, so far as sufficient, toward the common good of the community, civic betterment, municipal, educational and public recreational purposes (but not by way of limitation) as follows: -419.
20.
(1) (2) (3) : (4) for the pro) community To render constructive civic we?
motion of the social welfare of and of the citizens of Woodland Oaks, to inculcate civic consciousness by means of active participation in constructive projects which will improve the community, state and nations.
To promote and/or provide municipal services and 'educational and public recreational services and facilities for residents of Woodland Oaks.
To acquire, maintain and construct buildings for property for public services and educational and recreational facilities.
"," To do any other thing necessary or desirable or of general benefit to the community.
DURATION OF RESTRICTIONS These restrictions'shali remain in full force and effect for the primary period of thirty (30) years from the date hereof, indicated below unless the owners of at least 51% of the lots in the subdivision shall, by instrument in writing duly placed of record, elect to terminate or amend these restiricions and the force and effect thereof; and, thereafter shall be automatically renewed for additional successive periods of ten (10) years each unless the owners of at least 51% of the lots in the subdivision shall, by instrument in writing duly placed of record, elect to terminate or amend these restrictions and the force and effect thereof.
MISCELLANEOUS PROVISIONS All covenants and restrictions are for the benefit of the entire subdivision and shall be binding upon every purchaser,
nd these restrictions and the force and effect thereof.
MISCELLANEOUS PROVISIONS All covenants and restrictions are for the benefit of the entire subdivision and shall be binding upon every purchaser, his (her) successors; heirs and assigns.
Invalidation of any one of the covenants or restrictions, by judgment or any court shall in no way effect any of the other provisions which shall remain in full force and effect.
All of the restrictions, easements and reservations herein provided and adopted as part of said subdivision shall apply to each and every lot and when such lot or lots are conveyed the same shall be conveyed subject to such restructions or reservations as contained herein, and also such limitations as are shown on the map or plat of Woodland Oaks, Montgomery County, Texas, and when lots with such reservations, easements, restriction, etc., are so referred to by reference thereto in any such deed or conveyance to any lot of lots in said subdivision the same shall be the same force and effect as if said restrictions, covenants, conditions, easements and reservations were written in full in such conveyance, and each contract and deed shall be conclusively held to have been so executed, delivered and accepted upon the express conditions, reservations, easements and restrictions as herein stated and set forth.
Enforcement of these restrictions and covenants shall be by proceedings at law or in equity against any person or persons violating or attempting-to- violate the same, either to restrain or prevent such violation or proposed violation by an injuction, either prohibitory or mandatory, or to obtain any other relief authorized by law. Such enforcement may be by : the owner of any of said lots or by Lanco Properties, Inc., or its successors or assigns.
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er prohibitory or mandatory, or to obtain any other relief authorized by law. Such enforcement may be by : the owner of any of said lots or by Lanco Properties, Inc., or its successors or assigns.
-5} 1 274-01-1829 IN WITNESS WHEREOF, LANCO PROPERTIES, INC., acting accordingly, has caused these presents to be executed, all thereunto duly authorized, on this 22nd day of May 1984.
ATTEST W Missy Blocher LANCO PROPERTIES, INC.
BY: NY: Secretary THE STATE OF TEXAS COUNTY OF HARRIS I X Robert L. Williams, President BEFORE ME, the undersigned authority, on this day personally appeared ROBERT L. WILLIAMS, President of LANCO PROPERTIES, INC., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considertation therein expressed, in the capacity therein stated and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 22nd May 1984.
Vivian Y: : ; L'EVICT Notary Public, The State of Texas.
COUNTY' STATE OF TEXAS COUNTY OF MONTGOMERY I hereby cortity that the basement Wed Xember Sequence on the date and of the pee by me and duly RECORDED in the Public Records of Real Property of Montgomery County. Tones MAY 23 1984 Roy Harris COUNTY CLERK MONTGOMERY COUNTY, TEXAS FILED FOR RECORD Roy Harris.
COUNTY CLERK MAS -6-