|
|
WHEREAS, it is deemed to be in the
interest of the ??eligible?? owners and of the purchasers of the said
lands described in and covered by the above mentioned plat that there
be established and maintained a uniform plan for the improvements and
development of the lots covered thereby as a highly restricted and modern
subdivision; NOW, THEREFORE, we, Erwin Gloyna
James Heisler, being the owners of all of said lots, do hereby adopt
the following covenants and restrictions which shall be binding us and
all parties and persons claiming under us until July 15th,
1981, at which time said covenants, conditions and restrictions shall
be automatically extended for successive periods of ten years each unless
by duly recorded instruments signed by a majority of the property owners
in said addition it is agreed to change said covenants, conditions and
restrictions in the whole or in part. If we, or any of our heirs or assigns
shall violate or attempt to violate any of the covenants herein, it
shall be lawful for any person or persons owning any real property situated
in the above referred to subdivision to prosecute any proceedings at
law or in violate and such covenants and either to prevent him or them
from so doing or to recover damages or other dues for such violations. In validation of nay of these covenants
by judgment 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.
The term “residential purposes” as used herein shall be held
and construed to exclude hospital, clinics, duplex homes, apartment
houses, boardinghouses, hotels and to exclude commercial and professional
uses whether from homes, residences or otherwise, and all such uses
of said property are hereby expressly prohibited.
No building shall be erected, altered, placed or permutated to
remain on any lot other than one detached single family dwelling not
to exceed on and one-half stories in height and a private garage for
not more that (3) 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 the conformity and
harmony of external design with existing structures in the subdivision,
and as to location of the building with respect to the topography and
finished ground elevation by Erwin Gloyna and James Heisler. In the event said Erwin Gloyna and
James Heisler, or their designated representatives, fails to approve
or disapprove such design and location within thirty days after said
plans and specifications have been submitted them, or in any event,
if no suit to enjoin the erection of such buildings or the making of
such alterations has been commenced prior to the completion thereof,
such approval will not be requited and this covenant will be deemed
to have been complied with.
The duties and powers or Erwin Gloyna and James Heisler 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 exercises the same powers previously
exercised by said Erwin Gloyna and James Heisler. ( c )
No building shall be located nearer to the front
lot lines or nearer to the side street than the building setback
lines shown on the recorded plat. In any event, no residence shall be
located on any residential building plot nearer than 25 feet to the
front line, nor nearer than 5 feet from the rear lot line, or nearer
that 3 feet from nay side line.
Detached garages shall not be nearer than 5 feet from the side
lot line. All improvements
shall be constructed on the site to front on the street upon which the
site faces, and each corner site shall face on the street on which it
has the smalled frontings. ( d )
No residential structure shall be erected or placed on any building
plot which plot has an area of less that 7,000 square feet or a width
of less than 60 feet at the front building setback line. ( e )
No noxious or offensive trade or activity shall be carried on
upon any lot or plot, nor shall anything be done thereon which may be
or become any annoyance or nuisance to the neighborhood. ( f )
No trailer, basement, tent, shack, garage, barn or other outbuilding
erected on any residential lot shall at any time be used a residence
temporarily or permanently, nor shall any structure of a temporary character
be used as a residence, or real estate office, temporary or permanent. ( g )
No residential structure shall be placed on a lot unless its
living area has minimum 1,400 square feet of floor area exclusive of
porches and garages. ( h )
The exterior walls of all residences shall be at least fifty
percent brick, brick veneer, stone, stone veneer, concrete or other
type masonry construction. ( i )
Easements for installation of maintenance of utility and drainage
facilities are reserved as shown on the recorded plat. ( j )
The raising or keeping of hogs, horses, poultry, fowls, or any
other livestock on any parts of the subdivision is strictly prohibited,
except that dogs, cats or other household pets may kept provided that
they are not kept, bred or maintained for commercial purposes. ( k )
Bridges constructed over property line attaches shall be of concrete
pipe and of a size of not less that 18 inches, or of a greater size
should ditches be of a depth to require same, in order that drainage
shall not be retarded. ( l )
No spirituous, vinous, or malt liquors, or medicated bitters,
capable of producing intoxication, shall be sold or offered for sale,
on any residential site in this subdivision, nor shall said site or
any part thereof be used for vicious, illegal, or immoral purposes nor
for any purpose in violation of the law of the State of Texas, or of
the United States, or of policy, health, sanitary, building or fire
code, regulation or instruction relating to or affecting the use of
occupancy or possession of nay said states. ( m )
No sign of any kind shall be displayed to the public view on
any residential lot except one sign of not more than five 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. ( n )
No oil, drilling, oil development operation, 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
permitted upon or in any lot.
No derrick or other structure designed for use in boring or drilling
for oil or natural gas shall be erected, maintained or permitted upon
any lot. ( o )
No lot shall be used or maintained as a dumping ground for refuse,
rubbish or 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. ( p )
No fence, Wall, hedge, or any pergola or other detached structure
shall be erected, grown, or maintained on any part of any lot forward
of the front building line of said lot. ( q )
Any violation of any of the covenants, agreements, reservations,
easements, and restrictions contained herein shall nor have the effect
of impairing or affecting the rights of any mortgagee, trustee, or grantor,
under any mortgage, or deed of trust, outstanding against the said property
at the time that the casements agreements, restrictions, reservations,
or covenants may be violated. ( r )
The easements as shown on the recorded plat shall not be fenced. ( s )
All roofs on houses must be either wood shingle or built up:
no flat roofs shall be permitted. ( t )
The present owners and holders of the lien covering the property
comprising Beckham Place, do by the exception of this instrument, join
in the above reservations, restrictions, easements, and covenants, and
agree that the dedication and subdivision of said property by the above
mentioned plat and said reservations, restrictions, easements, and covenants,
shall continue in full force and effect and be binding upon them, their
heirs, executers and assigns, do by the execution of these covenants,
agreements, reservations, easements, and restrictions subordinate their
liens covering the said Beckham Place, to the dedicated plat of said
addition as filed for record. Executed this 27th day of November, A.D. 1961 G. E. Herzog, Trustee Erwin Gloyna George Schaper James Heisler |
||
|
||