Westwood, Section 5 Deed Restrictions
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
Whereas, STELLA LINK REALTY COMPANY, is the owner of a tract of land which has been subdivided and platted as WESTWOOD, SECTION 5 AND PARTIAL REPLAT OF SECTION 3 AND 4, a plat of said subdivision having been filed for record under File No. 1137542, Plat Records of Harris County, Texas; and
Whereas, it is deemed to be in the best interest of said corporation and of the persons who may purchase lands described in and covered by the above mentioned plat that there be established and maintained a uniform plan for the improvement and development of the lots in said addition as a highly restricted and modern subdivision.
NOW, THEREFORE, we, STELLA LINK REALTY COMPANY, being the owner of all said lots, acting herein by and through its officers duly authorized so to do by its Board of Directors, do hereby adopt the following
covenants and restrictions, which shall be taken and deemed as covenants to run with the land and shall be binding on STELLA LINK REALTY CO. and all parties and persons claiming under it until June 18, 1978, at which time, said covenants, conditions and restrictions shall be automatically extended for successive periods of ten years each, unless by duly recorded instrument, signed by a majority of the property owners in said addition, it is agreed to change said covenants, conditions and restrictions, in whole or in part. If STELLA LINK REALITY CO., or any of its successors or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property, situated in the above referred to subdivision to prosecute any proceedings, at law or in equity, against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
A) No lot shall be used except for residential purposes. No structure shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than two cars.
B) No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of IRA BERNE, EDGAR O. BOTTLER and I. MARKWESTHEIMER, or by a representative designated by a majority of the members of said committee. In the event of death or resignation of any
member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority. In the event said
committee, or its designated representative, fails to approve or disapprove such design and location within thirty days after said plans and specifications have been submitted to it or, in any event, 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 have
been fully complied with. Neither the members of such committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The duties and powers of such committee, and of its designated representative, shall cease on and after ten years from date. Thereafter, the approval described in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record
owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by said committee.
C) No building shall be located nearer to the front lot line or nearer to the side street line than the building setback lines shown on the recorded plat. In any event, no building shall be located on any residential building plot nearer than 25 feet to the front lot line, nor nearer than 10 feet to any side street line. No building, except a detached garage or other outbuilding located 70 feet or more from the front lot line, shall be located nearer than 5 feet to any side lot line. No residence or attached appurtenance shall be erected on any lot farther than 45 feet from the front lot line.
D) No residential structure shall be erected or placed on any building plot, which plot has an area of less than 7,000 square feet or a width of less than 56 feet at the front building setback line.
E) No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
F) No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the tract 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.
G) No residential structure shall be placed on any lot unless, if the building is a one-story structure its living area has a minimum of 1,100 square feet of floor area exclusive of porches and garage, and if
the building is a one and one-half or two-story structure, that it shall have not less than 1000 square feet of ground floor area exclusive of porches and garage.
H) Easements for installation and maintenance of utility and drainage facilities are reserved as shown of the recorded plat.
I) Outside toilets are strictly prohibited.
J) The raising or keeping of hogs, poultry, fowls or other livestock on any part of the subdivision is strictly prohibited.
K) Bridges constructed over property line ditches shall be of concrete pipe and of a size not less than 18 inches, or of a greater size should ditches be of a depth to require same, in order that drainage will not be retarded.
L) No sign of any kind shall be displayed to the public view except one sign of not more than 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.
M) No oil drill, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permit- ted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
N) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept 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.
EXECUTED this 18th day of June, 1953. ATTEST: STELLA LINK REALTY COMPANY
Geraldine Dunman Secretary, Mark Westheimer President
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
WHEREAS, Stella Link Realty Co.is the owner of the following described tracts of land:
1. RESERVE A as per replat of Blocks 7, 8 and 9 and RESERVE A of Section No. Five, WESTWOOD, said replat recorded in the office of the County Clerk of Harris County, Texas under File No. 1193734.
2. RESERVES B, C AND D of Section No. Five, WESTWOOD, and partial replat of Section Three and Section Four, as per the plat thereof filed under File No. 1137542 in the records of the County Clerk of Harris County, Texas;
And WHEREAS, the above described tracts of land have been platted and are indicated on the plats above mentioned as "Unrestricted Areas" and, while it is intended that said areas may be used for business purposes, it is deemed to the best interest of this company and of the persons who may purchase residential lots in around and near the above indicated land that the type and nature of such business uses should be restricted:
NOW, THEREFORE, we, STELLA LINK REALTY CO., being the owner of the above specifically described lands (heretofore unrestricted as to use) do hereby ADOPT the following covenants and restrictions as to the land hereinabove specifically described, which shall be taken and deemed as covenants to run with the land and shall be binding on Stella Link Realty Co. and all parties and persons claiming under it until June 18, 1978, at which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless, by duly recorded instrument, signed by a majority of the property owners in the addition in which said properties lies, it is agreed to change said covenants, conditions and restrictions, in whole or in part:
(a) The property hereinabove specifically described may be used for retail stores, wholesale stores, service stores, or any other legitimate business purpose, provided that the same shall never be used
for a business purpose which results in or is accompanied by obnoxious or offensive odors or activities constituting a nuisance to the adjoining residential area.
(b) Nothing in the foregoing shall be so construed as to forbid, restrict or prohibit the use of said property for the following business purposes:(1) Grocery stores. (2) Drug stores. (3) Variety stores. (4) Barber shops, beauty shops, shoe repairing shops, washaterias, or other type of shop providing general or
particular service to the public. (5) Restaurants. (6) Cafeterias. (7) Filling stations. (8) Office buildings.
(9) Wholesale businesses. (10) Theatres. (11) Light manufacturing. (12) Garages. (13) Lodge rooms; or
(14) any other legitimate business activity, similar or dissimilar to those enumerated by the foregoing, provided that the same is not accompanied by obnoxious or offensive noises, odors or other type of activities constituting a nuisance to the residential area immediately adjoining such property.
EXECUTED this 12th day of December, 1953.
ATTEST: STELLA LINK REALTY CO.
Geraldine Dunman, Secretary Mark Westheimer, President