COLE CREEK MANOR, SECTION 3 RESTRICTIONS, COVENANTS, CONDITIONS AND MAINTENANCE CHARGE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THAT, AL SELLERS, TRUSTEE (hereinafter called “GRANTOR”), being the owner of that certain tract of land containing 51.704 acres, more or less, out of the Thomas Hubanks Survey, in Harris County Texas, which has heretofore been platted into a subdivision knows as COLE CREEK MANOR, SECTION 3 (herein called “COLE CREEK”), according to the map of said subdivision filed for record in the County Clerk’s office in Harris County, Texas on December 13, 1963 and recorded in Volume 107 page 60 of the Map Records of said County, reference to which is here made for all purposes, and desiring to create and carry out a uniform plan for the improvement, development and sale of all the residential building sites as same are hereinafter defined (herein sometimes called “lots”), in said COLE CREEK for the benefit of the present and future owners of said lots, do hereby adopt and establish the following reservations, restrictions, covenants and easements to apply uniformly to the use, occupancy and conveyance of all residential building sites in COLE CREEK, and each contract or deed which may be hereafter executed with regard to any of the lots in said COLE CREEK shall be conclusively held to have been executed, delivered, and accepted subject to the following reservations, restrictions, covenants, easements, liens and charges, regardless of whether or not said reservations, restrictions, covenants, easements, liens and charges are set out in full in said contract or deed.
1 - RESERVATIONS In authenticating the subdivision map for record, and in dedicating the streets, drives, lanes, walks
nants, easements, liens and charges are set out in full in said contract or deed.
1 - RESERVATIONS In authenticating the subdivision map for record, and in dedicating the streets, drives, lanes, walks and road to the use of the present and future owners of said lots and to the public, there shall be and are hereby reserved in Grantor, his heirs, executors, administrators and assigns, the following rights, title and easements, which reservations shall be considered a part of the land and construed as being adopted in each and every contract, deed or other conveyance executed or to be executed by or on behalf of Grantor in conveyance of said property or any part thereof, to wit: 1:1 The streets, drives, lanes, walks and roads as shown on said map or plat are hereby dedicated to the use of the public.
1:2. Grantor reserves the necessary utility easements and rights-of-way as shown on the aforesaid plat of COLE CREEK, which easements are reserved for the use and benefit of any public utility operating in Harris County, Texas, as well as for the benefit of Grantor and the property owners in the subdivision to allow for the construction, maintenance, and operation of a system or systems of electric light and power, telephone lines, gas, water, sewers, or any other utility or service which Grantor may find necessary for the proper service of lots in COLE CREEK.
1:3. Grantor reserves the right to impose further restrictions and dedicate additional easements and roadway rights-of-way on any unsold sites in said subdivision, such restrictions to be imposed and such easements and rights-of-way to be dedicated either by instrument in writing duly recorded in the office of the County Clerk in Harris County, Texas, or incorporated in the Deed from Grantor
d and such easements and rights-of-way to be dedicated either by instrument in writing duly recorded in the office of the County Clerk in Harris County, Texas, or incorporated in the Deed from Grantor conveying the site to be so restricted or subjected to such easement or right-of-way.
1:4 Neither Grantor nor any utility company using the above mentioned easements shall be liable for any damage done by either of them or their assigns, agents, employees or servants, to shrubbery, trees, flowers or other property of the owner situated on the land covered by said easements.
1/23/04 1 1:6 2:1 2:2 2:3 1/23/04 It shall be and is expressly understood and agreed that the title conveyed by Grantor to any lot or parcel of land in said COLE CREEK, by contract, deed or other conveyance shall not in any event be held or construed to include the title to water, gas, sewer, storm sewer, electric light, electric power, or telephone lines, poles or conduits or any other utility or appurtenances thereto constructed by Grantor or public utility companies through, along, or upon the herein dedicated public easements, premises, or any part thereof to serve said property or any other portions of COLE CREEK, and the right to maintain, repair, sell or lease such lines, utilities and appurtenances to the City of Houston, or to any public service corporation, or any other party, is hereby expressly reserved in Grantor.
Grantor expressly reserves unto WHITE OAK UTILITY CoO. its heirs, executors, administrators and assigns, (i) the right to receive all payments from others for the purpose of connecting into the utility system for the purpose of serving property outside of COLE CREEK, and (ii) the right to grant the right of passage over any access easements running from COLE CREEK to
e of connecting into the utility system for the purpose of serving property outside of COLE CREEK, and (ii) the right to grant the right of passage over any access easements running from COLE CREEK to serve other properties in the vicinity.
2 - ARCHITECTURAL CONTROL COMMITTEE There is hereby created an Architectural Control Committee comprised of three (3) members, and the initial committee shall be composed of Charles Landram Jr., Al Sellers, and John H. Paine, each of whom shall serve until his or her successor is appointed. In the event any one of said members should die, resign or become ineligible to act, the remaining two members of the Committee may appoint a successor. Any one of said members may be removed by the other two members, with or without cause, and a successor appointed by the two remaining qualified members.
No building shall be erected, placed or altered on any building site in COLE CREEK until complete copies of the building plans and specification, and a plot showing the location of any such building, have been approved in writing as to conformity and harmony of external design with existing structures in COLE CREEK, and as to location of the building with respect to topography and finished ground elevation. A majority of the Committee may designate a representative with authority to approve the design and location of any building. In the event said Committee, or its designated representative with authority to approve the design and location of any building, fails to approve or disapprove the design and location of any such building within thirty (30) days after said plans and specifications and plot plan have been submitted to it, or in any event, if no suit to enjoin
ve or disapprove the design and location of any such building within thirty (30) days after said plans and specifications and plot plan have been submitted to it, or in any event, if no suit to enjoin the erection of such building or the making of alterations have been commenced prior to the completion thereof, such approval will not be required and this provision as to approval will be deemed to have been satisfied. Neither the members of said Committee, nor its designated representative, shall be entitled to any compensation for service performed pursuant to this provision. The duties and powers of said Committee, or of any designated representative, shall cease ten (10) years from the date hereof. Thereafter, the approval of plans and specifications shall not be required unless prior to said date and effective thereon a written instrument is executed by the then record owners of a majority of lots in COLE CREEK appointing a new committee composed of three (3) members to exercise the same powers delegated to be exercised by the Committee first named, and the instrument creating the new committee is recorded in the office of the County Clerk in Harris County, Texas.
The Architectural Control Committee may, at its sole option, approve the re-subdividing or more than two (2) residential lots as shown on the recorded plat of COLE CREEK provided that no building site created by any such re-subdivision be established having an area less then the square foot area of the smallest platted lot comprising part of the area to be re-subdivided.
3:1 3:2 3:3 3:4 3:5 3:6 3:7 3:8 3:9 3 - RESTRICTIVE COVENANTS ON RESIDENTIAL LOTS All residential lots in COLE CREEK shall be used only for residential purposes and the term
area to be re-subdivided.
3:1 3:2 3:3 3:4 3:5 3:6 3:7 3:8 3:9 3 - RESTRICTIVE COVENANTS ON RESIDENTIAL LOTS All residential lots in COLE CREEK shall be used only for residential purposes and the term “residential purposes” as used herein shall exclude hospitals, clinics, hotels, motels, boarding houses, or any commercial or professional use.
No building shall be erected on any residential lot in COLE CREEK other than one detached single family dwelling not to exceed two (2) stories in height, a private garage for the storing of not more than three (3) cars and servants quarters for use of domestic servants employed on the premises, and located within the rear one-fourth (1/4th) of the residential lot.
No main residence building shall be located nearer to the front lot line or nearer to any side street property line than the building set-back lines shown on the recorded plat of COLE CREEK. In any event, no building shall be located on any residential building site nearer than ten (10) feet to the side street property line, or nearer than five (5) feet from the rear lot line, or nearer than five (5) feet from any side property line, provided, however (i) that as to such lots facing on a cul-de-sac the main residence building may be located as near as twenty (20) feet to the front property line, and (ii) any garage located within ten (10) feet of the rear property line of any residential lot may be constructed within three (3) feet of the side property line of the residence lot if permitted by the Building Code of the City of Houston.
All buildings shall be constructed to front on the street upon which the lot faces and all corner lots shall be considered to face the street on which the lot has the smallest frontage.
ty of Houston.
All buildings shall be constructed to front on the street upon which the lot faces and all corner lots shall be considered to face the street on which the lot has the smallest frontage.
All building sites shall be composed of a lot as shown on the recorded plat of COLE CREEK; however, a parcel consisting of more than two (2) adjoining lots may be re-subdivided into more than one building site by written approval of the Architectural Control Committee as provided in Paragraph 2:3 above. In the event of any such re-subdivision, the provisions herein (apply) relating to the locating of improvements with reference to the side line of each building side created by any such re-subdivision.
No noxious or offensive trade or activity shall be carried on upon any residential lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
No trailer, basement, tent, shack, garage or other outbuilding erected on any residential building site shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
No main residential structure shall be placed on any lot unless its living area has a minimum of thirteen hundred (1300) square feet of floor area, exclusive of porches and garages.
The exterior walls of all main residence buildings shall be at least fifty-one per cent (51%) brick, brick veneer, stone, stone veneer, concrete or other masonry type of construction, but the Architectural Control Committee shall have the power to waive the masonry requirement so as to allow the erection of a residence of all redwood panel walls or all cedar panel walls. No residence
t the Architectural Control Committee shall have the power to waive the masonry requirement so as to allow the erection of a residence of all redwood panel walls or all cedar panel walls. No residence shall have a roof of composition shingles without the prior written approval of the Architectural Control Committee.
No animals other than dogs, cats or other household pets, shall be kept on any residential lot, and not more than two (2) of each household pet shall be kept on the premises.
No water well, septic tank or cess pool shall be permitted on any residential lots.
1/23/04 3 3:21 3:22 1/23/04 No spirituous, vinous, or malt liquors, or medicated bitters, capable of inducing intoxication, shall be sold, or offered for sale, on any residential lot in COLE CREEK, and said premises shall not be used for any vicious, illegal or immoral purposes, or for any purpose in violation of any state or federal law, or of any police, health, sanitary, building or fire code regulation or instruction relating to or affecting the use, occupancy or possession of any of said residential lots.
No sign of any kind shall be displayed to the public view on any residential lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
No drilling, oil development operations, oil refining, gas recycling, quarrying or mining operations of any kind shall be permitted on any residential lot, nor shall oil wells, gas wells, tanks, tunnels, mineral excavations or shafts, be permitted upon any residential lot; and no derrick or other structure designated for use in drilling or boring for oil or gas shall be erected, maintained, or permitted on any lot.
tions or shafts, be permitted upon any residential lot; and no derrick or other structure designated for use in drilling or boring for oil or gas shall be erected, maintained, or permitted on any lot.
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept on any lot except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
No fence, wall or hedge, or any pergola or other detached structure shall be erected, grown or maintained on any part of any lot in front of the building line of any residential lot.
Grass and weeds are to be cut on all vacant lots so as to prevent an unsightly appearance and this is the obligation of the owner of the lot at his expense.
Any violation of any of the covenants, agreements, reservations, easements and restrictions set out above shall not have the effect of impairing or affecting the rights of any mortgagee, trustee or grantor under any mortgage or Deed or Trust, or the assignee of any mortgagee, trustee or grantor under any such mortgage or Deed of Trust outstanding against the property covered by any such mortgage or Deed of Trust at the time the easements, agreements, restrictions, reservations or covenants may be violated.
Grantor, his heirs and assigns, with the written approval of the Architectural Control Committee, may make reasonable alterations on any building setback line on any lot in COLE CREEK.
Grantor, his heirs and assigns, or any other person, firm or corporation owning a residential lot in COLE CREEK shall have the right to prosecute any action at law or in equity that he or they may
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Grantor, his heirs and assigns, or any other person, firm or corporation owning a residential lot in COLE CREEK shall have the right to prosecute any action at law or in equity that he or they may deem advisable to enjoin any violation or attempted violation of any of the covenants and restrictions contained herein, and to prosecute the same against the person or persons violating or attempting to violate the same.
Should any one or more of the covenants or restrictions set forth herein be held to be invalid or unenforceable by final judgment of any court of law or in equity, the same shall in no wise affect the remainder of the covenants and restrictions contained herein not directly affected by any such final judgment.
The covenants and restrictions set forth herein shall be binding upon grantor, his heirs and assigns, and any other person, firm or corporation owning or occupying a residential lot in COLE CREEK until September 20, 2005, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each unless by a written instrument duly executed by the owners of a majority of the residential lots in COLE CREEK, SECTION III, duly acknowledged in recordable form by each of said owners and duly recorded in the office of the County Clerk in Harris County, Texas, it is agreed to modify, amend or terminate any of said covenants, conditions and restrictions in whole of in part.
4:1 4:2 4:3 4:4 4:5 4:6 4:7 4:8 4- ANNUAL MAINTENANCE CHARGE There is hereby established an annual maintenance charge of not more than four (4) mills per square foot of lot area against each residential lot in COLE CREEK, for the purpose of creating a fund to be
here is hereby established an annual maintenance charge of not more than four (4) mills per square foot of lot area against each residential lot in COLE CREEK, for the purpose of creating a fund to be known as the “COLE CREEK MAINENANCE FUND”, which charge shall be paid by the then owner of each lot in conjunction with the charges to be paid by the other owners of lots in COLE CREEK.
To secure the payment of the maintenance charge a vendor’s lien upon and against each residential lot is created by this instrument and the title to each lot sold or conveyed by Grantor shall be subject to the vendor’s lien securing said charge.
The maintenance charge is to be paid annually in advance on the first day of January of each year and shall be payable to Grantor, his heirs and assigns, in Houston, Texas at such place as may be designated from time to time by the person, form or corporation entitled to receive the same.
Delinquent payments of any maintenance charge on any lot shall bear interest at the rate of 6% per annum from the date the same became due until paid.
The maintenance charge may be adjusted by Grantor, his heirs and assigns, from year to year as the needs of the property may, in his or their judgment require. (As of January 1, 2004, the Maintenance charge is $.025 per square foot).
It is contemplated that other sections of COLE CREEK may be platted and subdivided on lands in the vicinity of COLE CREEK, SECTION II], and the funds represented by the collection of this maintenance charge for residential lots in this Section II] may be combined with funds collected from the owners of residential lots in sections of COLE CREEK subsequently platted and subdivided.
The funds represented by the collection of this maintenance charge, so far as it may be sufficient,
d from the owners of residential lots in sections of COLE CREEK subsequently platted and subdivided.
The funds represented by the collection of this maintenance charge, so far as it may be sufficient, shall be used towards the payment for maintenance of streets, paths, parks, park-ways, esplanades, vacant lots, lighting, fogging or any other activity necessary or desirable in the opinion of the Grantor (or other persons entitled to collect the same), to maintain or improve COLE CREEK, SECTION IIL and subsequent sections thereof or which may be considered to be of general benefit to the owners or occupants of residential lots in the sections of COLE CREEK. Any decision of Grantor as to the use of said fund shall be final so long as any expenditure is made in good faith.
As mentioned in Paragraph 4:6 above, it is contemplated that other sections of COLE CREEK may be platted and subdivided and the collection of the annual maintenance charge in this SECTION III and subsequent sections shall be under the sole control of Grantor, his heirs and assigns, until such time as ninety per cent of the residential lots in all such sections of COLE CREEK have been sold and conveyed by Deeds to the respective purchasers. After the sale of said ninety percent of the lots the owners in all sections of COLE CREEK by a written instrument duly executed by the owners of a majority of the residential lots in all sections of COLE CREEK duly acknowledged in recordable form by each of said owners and duly recorded in the office of the County Clerk in Harris County, Texas, may create a committee or an organization for the purpose of collecting and administering the funds represented by the annual maintenance charge, under such conditions as may be provided in said instrument.
eate a committee or an organization for the purpose of collecting and administering the funds represented by the annual maintenance charge, under such conditions as may be provided in said instrument.
Harris County Deed Records Vol 6133 Page 69-78 #C193441 Filed: November 5, 1965 1/23/04 AMENDMENTS TO COLE CREEK MANOR, SECTION 3 DEED RESTRICTIONS The following paragraphs identified as 3:7 (a) (b) (c) are amendment(s) to the Yorkwood Civic Club, Inc, (also known as Cole Creek Manor, Section 3) deed restrictions.
SECTION 3:7 (a) Prohibited Vehicles and Parking (b) (c) It is prohibited to park or store, a boat, a trailer, rigging, recreational vehicle, camper, or such type of vehicle any place within the YORK WOOD subdivision before the front line of the building in other than a temporary parking basis.
Temporary Parking Any parking or storage of vehicle(s), described above, exceeding 72 hours during any consecutive 30 day period is deemed not to be temporarily parked.
Parking Restricted Areas No extended parking or storage of any vehicle will be permitted on the grass area of a lot, if open to view.
Permitted vehicle parking is restricted to streets, driveways, garages, or within the residential lot fenced areas.
Harris County Deed Records # R823326 Filed: March 11, 1996 1/23/04