DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR CYPRESSWOOD, SECTION FIVE, A SUBDIVISION
IN HARRIS COUNTY, TEXAS
TABLE OF CONTENTS
Section 6 Architectural Control Committee
ARTICLE II RESERVATIONS, EXCEPTIONS AND DEDICATIONS
Section 1. Land Use and Building Type
Section 2 Architectural Control
Section 4 Type of Construction, Materials, and Landscape
Section 7 Annoyance or Nuisances
Section 8. Temporary Structure
Section 9 Signs and Billboards
Section 10 Reservation of Minerals
Section 11 Storage and Disposal of Garbage and Refuse
ARTICLE IV ARCHETECTURAL CONTROL COMMITTEE
Section 1 Approval of Building Plans
Section 2 Committee Membership
Section 4 Minimum Construction Standards
ARTICLE V CYRPRSSWOOD HOMEOWNERS’ ASSOCIATION
Section 3 Nonprofit Corporation
Section 5 Inspection of Records
ARTICLE VII GENERAL PROVISIONS
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR CYPRESSWOOD, SECTION FIVE, A SUBDIVISION
IN HARRIS COUNTY, TEXAS
STATE OF TEXAS )
)
COUNTY OF HARRIS )
THIS DECLARATION, made on the date hereinafter set forth by FRIENDSWOOD DEVELOPMENT COMPANY, a corporation of Houston Harris County, Texas; called “Declarant:
WITNESSETH:
WHEREAS, Declarant is the owner, of that certain property known as CYPRESSWOOD, SECTION FIVE, a subdivision in Harris County, Texas according to map or plat thereof recorded in Volume 200, page 15 of the Map Records of Harris County, Texas; and
WHEREAS, it is the desire of Declarant to place certain restrictions, covenants, conditions, stipulations and reservations upon and against property in order to establish a uniform plan for the development, improvement and sale of such property, and to insure the preservation of such uniform plan for the benefit of both the present and future owners of lots in said subdivision:
NOW, THEREFORE, Declarant hereby adopts, establishes and imposes upon Cypresswood, Section Five, and declares the following reservations, easements, restrictions, covenants and conditions, applicable thereto, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the land, which reservations, easements, covenants, restrictions and conditions shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof.
shall mean and refer to Cypresswood Homeowners’ Association, its successors and assigns, provided for in article V hereof.
shall mean and refer to Cypresswood, Section Five, subject to the Reservations set forth herein and/or in the Subdivision Plat, and any additional properties made subject to the terms hereof pursuant to the provisions set forth herein.
shall mean and refer to the Lots shown upon the Subdivision Plat which are restricted to use for residential purposes.
shall mean and refer to the record owner, whether one or more persons or entities, of 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 and those having only an interest in the mineral estate.
shall mean and refer to the map or plat of Cypresswood, Section Five, recorded in Volume 200 Page 15, of the Map Records of Harris County, Texas.
Shall mean refer to the Cypresswood, Section Five Architectural Control Committee provided for in Article IV hereof.
Section 1. The Subdivision Plat dedicates for use as such, subject to the limitations set forth therein, the streets and easements shown thereon, and such Subdivision Plat, further; established certain restrictions applicable to the Properties, including, without limitations, certain minimum setback lines. All dedications, limitations, restrictions and reservations shown on the Subdivision Plat are incorporated herein and made a part hereof as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant, conveying said property or any part thereof, whether specifically referred to therein or not.
Section 2. Declarant reserves the easements and rights-of-way as shown on the Subdivision Plat for the purposes of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, gas, sewers, or any other utility Declarant sees fit to install in, across and/or under the Properties.
Section 3. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing the improvements.
Section 4. Neither Declarant nor any utility company using the easements herein referred to, shall be liable for any damages done by them or their assigns, their agents, employees or servants, to fences, shrubbery, trees, or flowers or other property of the owner situated on the land covered by said easements.
Section 5. It is expressly agreed and understood that the title conveyed by Declarant to any Lot or parcel of land within the Properties by contract, deed or other conveyance shall be subject to any easement affecting same for roadways or drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone purposes and shall convey no interest in any pipes, lines, poles or conduits, or in any utility facility or appurtenances thereto constructed by or under Declarant or any easement owner, or their agent through, along or upon the premises affected thereby, or any part thereof, to serve said land or any other portion of the Properties, and shall not affect the right to maintain, repair, sell or lease such appurtenances to any municipality, or other governmental agency or in any public service corporation or to any other party, and such right is hereby expressly reserved..
All Lots shall be known and described as Lots for residential purposes only (hereinafter sometimes referred to as “residential Lots”), and no structure shall be erected, altered, placed or permitted to remain on any residential Lot other than one single family dwelling not to exceed two (2) stories in height and detached or an attached garage for not less than two or more than four cars. Garage shall have rear or side entry and shall not have entries that face the front of the Lot; except that attached or detached garages located at least sixty-five (65) feet from the front property line may face the front of the Lot. As used herein, the term “residential purposes” shall be construed to prohibit the use of said Lots for duplex houses, garage apartments, or apartment houses; and no Lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purposes. No building of any kind or character shall ever be moved onto any Lot within said subdivision, it being the intention that only new construction shall be placed and erected thereon.
No building shall be erected, placed or altered on any Lot until construction plans and specifications and a plot plan showing the location of the structure thereon have been approved by the Architectural Control Committee as to harmony with existing structures, with respect to exterior design and color existing structures, as to location with respect to topography and finished grade elevation and as to compliance with minimum construction standards more fully provided for in Article IV hereof.
The ground floor of the main residential structure, exclusive of open porches and garages, shall not be less than 2,000 square feet for a one-story dwelling, nor shall the ground floor area plus the upper floor area of the main residential structure of a one and one-half (1-1/2), or a two (2) story dwelling be less than 2,000 square feet.
(a) No residence shall have less than 51 percent masonry construction or its equivalent on its exterior wall area, except that detached garages may have wood siding of a type and design approved by the Architectural Control Committee.
(b) No external roofing material other than wood shingles shall be constructed or used on any building in any part of the Properties without the written approval of the Architectural Control Committee.
(c) All sidewalks constructed on the Properties shall have common pea gravel finishes unless otherwise approved in writing by the Architectural Control Committee.
(d) No window or wall type air conditioners shall be permitted to be used, erected, placed or maintained on or in any building in any part of the properties.
(e) Each kitchen in each dwelling or living quarters situated, on any Lot shall be equipped with a garbage disposal unit, which garbage disposal unit shall at all times be kept in a serviceable condition.
(f) Before any landscaping shall be done in the front of any newly construction dwelling the landscape layout and plans shall have been first approved by the Architectural Control Committee. Such landscaping is to be done in the parkway area and on the front of the Lot at the time the dwelling is being completed and before occupancy.
(g) No fence or wall shall be erected, placed, or altered on any Lot nearer to the street than the minimum building setback lines as shown on the subdivision plat. No fences shall be erected unless approved by the Architectural Control Committee. Chain line fences facing upon a street area expressly prohibited. Fences of solid wood and/or masonry construction shall be constructed along the side lot line from the rear of the main dwelling to the rear of the lot line, parallel to the street upon all lots having a side lot line adjacent to the street.
No building shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than five (5) feet to any interior Lot line, except that a garage or other permitted accessory building located sixty-five (65) feet or more from the front lot line may be located within three (3) feet of an interior lot line, provided, however, the foregoing minimum side yard provision to the contrary, notwithstanding, in no event shall the sum of the side yard dimensions of any lot (except in the case of a garage or other permitted accessory building set back 65 feet as above provided) be less than fifteen percent (15%) of the width of the Lot measured (to the nearest foot) along the front setback line shown on the recorded plat. No main residence building nor any part thereof shall be located on any interior Lot nearer than fifteen (15) feet to the rear Lot line. For the purpose of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of a building on any Lot to encroach upon another Lot. For the purposes of these restrictions, the front of each Lot shall coincide with and be the property line having the smallest or shortest dimension abutting a street. Unless otherwise approved in writing by the Architectural Control Committee, each main residence building will face the front of the Lot, and each detached garage will face and be located at least sixty-five (65) feet from the front of the Lot on which it is situated and will be provided with the driveway access from the front of the Lot only.
No Lot shall be resubdivided, nor shall any building be erected or placed on any Lot having area of less than 7,700 square feet; provided, however, that nothing contained herein shall be construed to prohibit the resubdivision of any Lot or Lots within the Properties if such resubdivision results in each resubdivided Lot containing not less than the minimum Lot area aforesaid; it being the intention of this restriction that no building plot within the Properties contain less than the aforesaid minimum area.
No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may become an annoyance to the neighborhood.
No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn, or other outbuilding shall be maintained or used on any Lot at any time as a residence, or for any other purpose, either temporarily or permanently: provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Properties as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing residences and constructing other improvements upon the Properties. Such facilities may include, but not necessarily be limited to sales and construction offices, storage areas, model units, signs, and portable toilet facilities. No truck, trailer, automobile or other vehicle shall be stored, parked, or kept on any Lot or in the street in front of the Lot unless such vehicle is in day-to-day use off the premises and such parking is only temporary from day to day: provided, however, that nothing herein contained shall be construed to prohibit the storage of an unused vehicle in the garage permitted on any Lot covered hereby.
No signs, billboards, posters, or advertising devices of any character shall be erected, permitted or maintained on any Lot or plot except one sign of not more than ten (10) square feet advertising the particular lot or plot on which the sign is situated for sale or rent. The right is reserved by Declarant to construct and maintain such signs, billboards or advertising devices as is customary in connection with the general sale of property in this subdivision. In no event shall any sign, billboard, poster, or advertising device of any character, other than as specifically prescribed in the first sentence of this Paragraph 9, be erected, permitted or maintained on any Lot or plot without the express prior written consent of the Architectural Control Committee.
The term “Declarant” as used in this Paragraph 9 shall refer to said entities and such successors or assigns of such entities to whom the rights under this Paragraph 9 are expressly and specifically transferred.
There is hereby excepted from the land encompassed by the boundaries of this subdivision, Cypresswood, Section Five, and Declarant will hereafter except from all its sales and conveyances of said land or any part thereof, including building lots, all oil, gas and other mineral interests in, on and under said land, but Declarant hereby waives and will waive in each conveyance its rights to use the surface of the land for development of oil, gas and other minerals, provided that Declarant hereby retains and reserves and each such conveyance will retain and reserve the right to pool the land with other lands for development of oil, gas and other minerals and the right to drill under and through the subsurface of the land below the depth of one hundred feet (100’),. Such exceptions and such retained rights and reservations shall inure to the benefits of Declarant and its successors and assigns.
No Lot shall be used or maintained as a dumping ground for rubbish, Trash, garbage, or other waste materials shall not be kept except in sanitary containers constructed of metal, plastic or masonry materials with sanitary covers or lids. Equipment for the storage or disposal or such waste materials shall be kept in clean and sanitary condition. No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the street, except that new building materials used in the construction of improvements erected upon any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without undue delay, until the completion of the improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.
Section 12. An underground electric distribution system will be installed in that part of the Properties, designated Underground Residential Subdivision, which underground service area shall embrace all Lots in the Properties. The owner of each Lot in the Underground Residential Subdivision shall, at his own cost, furnish, install, own and maintain (all in accordance with the requirements 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 customer’s structure to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated 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 Lot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing 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, the electric service to each Lot in the underground Residential Subdivision shall be uniform in character and exclusively of the type shown as single phase, 120/240 volt, three wire, 60 cycle, alternating current.
No building shall be erected, placed, or altered on any Lot until the construction plans and specifications and a plot plan showing the location of the of the structure, have been approved in writing as to harmony of exterior design and color with existing structures, as to location with respect to topography and finished ground elevation, and as to compliance with minimum construction standards by the Cypresswood, Section Five Architectural Control Committee. A copy of the construction plans and specifications and a plot plan, together with such information as may be deemed pertinent, shall be submitted to the Architectural Control Committee, or its designated representative prior to commencement of construction. The Architectural Control Committee may require the submission of such plans, specifications, and plot plans, together with such other documents as it deems appropriate, in such form and detail as it may elect at its entire discretion. In the event the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the same are submitted to it, approval will not be required and the requirements of this Section will be deemed to have been fully complied with.
The Architectural Control Committee shall be initially composed of Larry D. Johnson, Glenn W. Loggins, and Gavin P. Parrish, who by majority vote my designate a representative to act for them.
In the event of death or resignation of any member of members of said committee, the remaining member or members shall appoint a successor member or members, and until such successor member or members shall have been so appointed, the remaining member or members shall have full authority to approve or disapprove, plans, specifications and plot plans submitted or to designate a representative with like authority.
The Architectural Control Committee may from time to time promulgate an outline of minimum acceptable construction standards, provided, however that such outline will serve as a minimum guideline and such Architectural Control Committee shall not be bound thereby.
The duties and powers of the Architectural Control Committee and of the designated representative shall cease on and after ten (10) years from the date of this instrument. Thereafter, the approval described in this covenant shall not be required, and all power vested in said Committee by this covenant shall cease and terminate; PROVIDED, that any time after March 1, 1984, by two-thirds (2/3) vote of the members present and voting, the Cypresswood Homeowners’ Association may assume the duties and powers of the Architectural Control Committee.
Every person or entity who is a record owner of any of the Properties which are subject or which will be subject upon the completion of improvement thereon, to maintenance charge assessment by the Association, including contract sellers, shall be a member of the Cypresswood Homeowners’ Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation or those having only an interest in the mineral estate. No owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of the land which is subject to assessment by the Association. Ownership of such land shall be the sole qualification for membership.
The association shall have two classes of membership:
Class A.Class A members shall be all those Owners as defined in Section 1, (of this Article V) with the exception of the Declaration and the builder/owner of any lot. Class A members shall be entitled to the vote for each Lot in which they hold interest required for membership. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be case with respect to any Lot.
Class B. The Class B member shall be Friendswood Development Company, the Declarant as defined in the Declaration and the builder/owner of any lot. The Class B member shall be entitled to three (3) votes for each Lot in which it holds the interests required for membership by Section 1, provided, however, that the Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership
or
(b) On January 1, 1983.
The Class A and Class B members shall have no rights as such to vote as a class, except as required by the Texas Non-Profit Corporation Act, and both classes shall vote together upon all matters as one group.
Cypresswood Homeowners’ Association, a nonprofit corporation, has been organized; and all duties, obligations, benefits, liens, and rights hereunder in favor of the Association shall vest in said corporation.
The Association may make whatever rules or bylaws it may choose to govern the organization, provided that same are not in conflict with the terms and provisions hereof.
The members of the Association shall have the right to inspect the books and records of the Association at reasonable times during the normal business hours.
Section 1. Each Lot in Cypresswood, Section Five is hereby subjected to an annual maintenance charge and assessment, for the purpose of creating a fund to be designated and known as the “Maintenance Fund,” which maintenance charge and assessment will be paid by the Owner or Owners of each Lot within Cypresswood, Section Five to Cypresswood Homeowner’s Association on or before January 1, of each year, in advance annual installments, commencing January 1, 1975, provided, however, that the amount of such maintenance charge and assessment shall, anything to the contrary, herein not withstanding, be chargeable and payable by the Owner or Owners of any Lot at one-half (1/2) the assessed rate until the first day of the month following the completion and occupancy of a permanent structure thereon. The rate at which such Lot will be assessed will be determined annually, and may be adjusted from year to year by the Association as the needs of the subdivision may, in the judgment of the Association, require; provided that such assessment will be uniform and in no event will such assessment or charge exceed $10.00 per Lot per month, or $120.00 per Lot per year. The Association shall use the proceeds of said maintenance fund for the use and benefit of all residences of Cypresswood, Section Five, as well as all subsequent sections of Cypresswood Subdivision, provided, however, that each future section of Cypresswood, to be entitled to the benefit of this maintenance fund, must be impressed with and subjected to the annual maintenance charge and assessment on a uniform, per Lot basis, equivalent to the maintenance charge and assessment imposed hereby, and further made subject to the jurisdiction of the Association. The uses and benefits to be provided by said Association shall include, by way of clarification and not limitation and its sole option, any and all of the following: constructing and maintaining parks, parkways, rights-of-way, assessments, esplanades and other public areas, payment of all legal and other expenses incurred in connection with the enforcement of all recorded charges and assessments, covenants, restrictions, and conditions effecting the Properties to which the maintenance fund applies, payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment, employing policemen and watchmen, caring for vacant Lots and doing other thing or things necessary or desirable in the opinion of the Association to keep the Properties in the subdivision neat and in good order, or which is considered of general benefit to the owners or occupants of the Properties, it being understood that the judgment of the Association is the expenditure of said funds shall be final and conclusive as long as such judgment is exercised in good faith.
Section 2. To secure the payment of the maintenance fund established hereby and to be levied on individual residential Lots, there shall be reserved in each Deed (whether specifically stated therein or not) by which the Declarant shall convey such Lots, the Vendor’s Lien for benefit of the Association, said lien to be enforceable through appropriate proceedings at law by such beneficiary; provided, however, that each such lien shall be secondary, subordinate and inferior to all liens, present and future, given, granted and created by or at the instance and request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the construction of improvements on any such lot to the extent of any such maintenance fund charge accrued and unpaid prior to foreclosure of any such purchase money lien or construction lien; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an outstanding valid and subsisting first mortgage lien, for the aforesaid purpose or purposes, the Association shall give the holder of such first mortgage liens sixty (60) days written notice of such proposed action, which notice shall be sent to the nearest office of such first mortgage holder by prepaid U.S. certified mail, and shall contain a statement of the delinquent maintenance charges upon which the proposed action is based. Upon the request of any such first mortgage lienholder, the Association shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular Lot covered by such first mortgage lien to the holder thereof.
Section 3. The above maintenance charge and assessment will remain effective for the full term (and extended term if applicable) of the within covenants.
These covenants shall run with the land and shall be binding upon all 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 be automatically extended for successive periods of ten (10) years each, unless an instrument signed by a majority of the then owners of the Lots has been recorded agreeing to change or terminate said covenants in whole or in part. Upon any violation or attempt to violate any of the covenants herein, it shall be lawful for the Association or any other person(s) owning any portion of the Properties to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them for doing so or to recover damages or other dues for such violations.
Invalidation of any one of these covenants by judgment or other court order shall in no wise affect any of the other provisions which shall remain in full force and affect.
EXECUTED this 18th day of March, 1974.
FRIENDSWOOD DEVELOPMENT COMPANY
ATTEST:
_____________________ By _________________________
Secretary President
STATE OF TEXAS )
)
COUNTY OF HARRIS )
BEFORE ME, the undersigned authority, on this day personally appeared _____________ President of FRIENDSWOOD DEVELOPMENT COMPANY, 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 consideration therein expressed and in the capacity therein stated and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 18th day of March, 1974.
Notary Public in and for
Harris County, Texas