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Restrictions of Bay Colony Subdivision.
<br />THE STATE OF TEXAS
<br />COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS:
<br />THAT WHEREAS, BAY COLONY DEVELOPMENT CO., a Texas
<br />Corporation, acting herein by and through its duly authorized officers,
<br />owns all the lots and blocks in BAY COLONY SUBDIVISION, a Sub-
<br />division in Harris County, Texas, recorded in Volume 81, page 62 of
<br />the Map Records of Harris County, Texas, and such owner is desirous
<br />of imposing certain easements and restrictions on said property which
<br />consists. of One Hundred Fifty-Eight (158) lots;
<br />NOW, THEREFORE, the undersigned does hereby establish and
<br />impose the following restrictions, easements, covenants and conditions,
<br />which shall be covenants running with the land, upon each and every
<br />one of the One Hundred Fifty-Eight (158) lots situated in BAY COLONY
<br />SUBDIVISION, as herein above described, and if any such restrictions
<br />shall be held to be invalid, or for any reason are not enforceable, none
<br />of the other restrictions shall be affected or impaired thereby, but
<br />shall remain in full force and effect, and all parties and persons claim-
<br />ing under BAY COLONY DEVELOPMENT CO. shall be bound by these
<br />restrictions, easements, covenants and conditions until January 15,
<br />1985, at which time said covenants, conditions and restrictions shall
<br />be automatically extended for successive periods of ten (10) years
<br />each unless by duly recorded instrument signed by a majority of the
<br />property owners in said subdivision, it is agreed to change said cove-
<br />nants, conditions and restrictions in whole or in part.
<br />If BAY COLONY DEVELOPMENT CO., or any of its successors
<br />or assigns shall violate or attempt to violate any of the covenants
<br />herein it shall be lawful for any person or persons owning any real
<br />property situated in the above referred to subdivision to prosecute
<br />and proceedings at law or in equity against the person or persons
<br />violatingor attempting to violate any such covenants and either to pre-
<br />vent him or them from so doing or to recover damages or other dues
<br />for such violations.
<br />Invalidation of any of these covenants by judgment or court order
<br />shall in no wise affect any of the other provisions which shall remain
<br />in full force and effect.
<br />(a) No lot, except as hereinafter noted, shall be used except for
<br />residential purposes. The term "residential purposes" as used herein
<br />shall be held and construed to exclude hospitals, clinics, duplex houses,
<br />apartment houses, boarding houses, hotels, and to exclude commercial
<br />and professional uses whether from homes, residences or otherwise,
<br />and all such uses of said property are hereby expressly prohibited,
<br />EXCEPT that Lots One (1) through Six (6), both inclusive, in Block
<br />One (1) and Lots One Hundred Fifty-Seven (157) and One Hundred
<br />Fifty-Eight (158) in Block Eight (8) of the aforesaid BAY COLONY
<br />SUBDIVISION may be used for multi-unit residential purposes pro-
<br />vided the plans and specifications of such multi-unit residences are
<br />approved by the architectural committee. No building shall be erected,
<br />altered, placed or permitted to remain on any lot other than one de-
<br />tached le family dwelling not to exceed two stories in height and a
<br />private age for not more than three (3) cars. This restriction shall
<br />riot prevent the inclusion of one story servants quarters in connection
<br />with a garage for the use of bona fide servants domiciled with a tenant
<br />or owner.
<br />(b) building shall be erected, placed or altered on any building
<br />plot in ~ subdivision until two (2) sets of the building plans, specifi-
<br />cations, d plot plan showing the location of such buildings have been
<br />approved in writing as to conformity. and harmony of external design
<br />with existing structure in the subdivision, and as to location with re-
<br />spect to topography and finished ground elevation, by a committee
<br />composed of three (3) officers of BAY COLONY DEVELOPMENT CO.,
<br />or by a representative named by a majority of the members of said
<br />committee. In the event of death or resignation of any member of
<br />said committee, the remaining member or members shall have full
<br />- authority to approve or disapprove such design and location or to
<br />designate a representative with like authority. In the event said com-
<br />mittee, or its designated representatives, fail to approve or disapprove
<br />such design and location within thirty (30) days after said plans and
<br />specifications have been subinitted~ to it such approval will not be
<br />required and this covenant will be deemed to have been complied with.
<br />Neither the members of such committee nor its designated representa-
<br />tives shall be entitled to any compensation for services performed
<br />pursuant to this covenant. The duties and powers of such committee
<br />'• and of its designated representatives shall cease on and after ten years
<br />from date. Thereafter, the approval described in this covenant shall
<br />be vested in the BAY COLONY PROPERTY OWNERS ASSOCIATION,
<br />who shall thereafter exercise the same powers previously exercised
<br />by said committees.
<br />(c) No building shall be placed or maintained on any lot nearer
<br />to the street than the front or side street building set-back fines shown
<br />on the recorded plat. No residences shall be maintained nearer to an
<br />interior lot line than five (5) feet. For the purposes of these restric-
<br />tions eaves, steps, unroofed porches, and roof overhangs, shall not be
<br />considered in this measurement; however, no portion of any building
<br />on one building site may encroach on another building site. Detached
<br />garages shall not be nearer than five (5) feet from the rear lot line
<br />except, in no event, can be placed any closer to the rear lot line than
<br />the utility or planting easement line as shown on the recorded plat,
<br />and not nearer than five (5) feet from the side lot line. All improve-
<br />ments shall be constructed on the site to front on the street upon which
<br />the site faces, and each corner site shall face on the street on which
<br />it has the smallest frontage, unless otherwise approved by the ARCHI-
<br />TECTURAL CONTROL COMMITTEE.
<br />(d) No residential structure shall be erected or placed on any
<br />building plot which plot has an area of less than 6000 square feet and
<br />only one residential structure may be placed on any residential lot on
<br />said plot of BAY COLONY SUBDIVISION.
<br />(e) No trailer, basement, tent, shack, garage, barn or other out-
<br />building erected on the tract shall be at any time used as a residence,
<br />temporary or permanently, nor shall any structure of a temporary
<br />character be used as a residence, nor shall any used residence be
<br />moved onto a residential lot.
<br />(f) No residential structure shall be placed on a lot unless its
<br />living area consists of the following minimum square footage as to the
<br />following lots a minimum square footage of living area, exclusive of
<br />galleries, porches and steps as follows:
<br />1].00 Square feet as to Lots One Hundred TwentyOne (121) through
<br />One Hundred Twenty-nine (129), both inclusive, in Block B Six (B6); Lots
<br />One Hundred Thirty (130) through One Hundred Forty-seven (147), both
<br />inclusive, in Block B Seven (B7);. and Lots One Hundred Forty-eght (148)
<br />through One Hundred Fifty-six (156), both inclusive, in Block B Eight (B8).
<br />As to Lots One (1) through Fourteen (14), both inclusive, in Block B
<br />One (Bl) and as to ,Lots One Hundred Fifty-seven (157) and One Hundred
<br />Fifty-Eight (158) in Block B Eight (B8), which lots may have multi-unit
<br />residences and as such are not regulated as to minimum square footage
<br />but rather must be approved by the Architectural Committee. If said lots
<br />are used'for single family residences then such residences must have a
<br />minimum square footage as hereinabove set forth of 1100 square feet.
<br />1200 square feet as to Lots One Hundred Twelve (112) through One
<br />Hundred Twenty (120), both inclusive, in Block B Six (B6); Lots Ninety-
<br />six (96) through One Hundred Eleven (111), both inclusive, in Block B Five
<br />(B5); Lots Eighty (80) through Ninety-five (95), both inclusive, in Block B
<br />Four (B4); Lots Sixty-four (64) through Seventy-nine (79), both inclusive,
<br />in Block B Three (B3); Lots Fifty-six (56) through Sixty-three (63), both
<br />inclusive, in Block B Two (B2) and Lots Fifteen (15) through Thirty-four
<br />(34), both inclusive, in Block B One (B1).
<br />1500 square feet as to Lots Thirty-five (35) through Forty-Three (43),
<br />both inclusive, in Block B One (B1) and hots Forty-Four (44) through
<br />Fifty-five (55), both inclusive, in Block B Two (B2).
<br />(g) No fence, wall, hedge, nor any pergola oi• other detached struc-
<br />ture higher than two (2) feet above the ground, shall be erected, grown
<br />or maintained on any part of any lot forward of the front building line
<br />of said lot. No fence more than six feet (6') in height shall be permitted
<br />to remain on rear lines and such fence or fences shall not be allowed
<br />to remain on side lines that are nearer to the street than the front
<br />property set back lines. No massed planting which would interfere
<br />with the view of cross traffic shall be allowed on a corner lot.
<br />(h) Easements for installation and maintenance of utility and
<br />drainage facilities are reserved as shown on the recorded plat.
<br />(i) No noxious or offensive trade or activiity shall be carried on
<br />upon any lot or shall anything be done thereon which may be or be-
<br />come an annoyance to the neighborhood.
<br />(j) The raising or keeping of hogs, horses, poultry, fowls, or other
<br />livestock on any part of the subdivision is strictly prohibited.
<br />(k) No water well, septic system, or cesspool shall be permitted.
<br />(1) No spiritous, vinous, or malt liquors, or medicated bitters
<br />capable of producing intoxication shall be sold or offered for sale on
<br />any residential site. No premises or any part thereof shall be used for
<br />vicious, illegal, or immoral purposes, nor for any purpose in violation
<br />of the laws of the State of Texas, or of the United States, or of police,
<br />health, sanitary, building or fire code, regulation or instruction relating
<br />to or affecting the use or occupancy or possession of any said. sites.
<br />(m) No sign of any kind shall be displayed to the public view ex-
<br />cept one sign of not more than five (5) square feet, advertising the
<br />property for sale, or rent, or~ signs used by the builders. to advertise
<br />the property during the construction and sales period.
<br />(n) No oil drilling, oil development operations, oil refiiung, quar-
<br />rying, or mining operations, of any kind shall be permitted upon or
<br />in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or
<br />• shafts be permitted upon any lot. No derrick or oth~ructures
<br />designed for the t~se in boring for oil, natural gas or w shall be
<br />erected, maintained, or permitted upon any lot.
<br />(o) No lot shall be used or maintained as a dumping ground for
<br />rubbish, trash. garbage, or other wastes shall not be kexcept in
<br />• sanitary containers. All incinerators or other equipment the stor-
<br />age or disposal of such material shall be kept in a clean sanitary
<br />condition.
<br />(p) No boats or trailers may be parked in front of the front build-
<br />ing line of any lot.
<br />(q) Any violation of any of the covenants, agreements, reserva-
<br />tions, easements and restrictions herein shall not have the effect of
<br />impairing or affecting the rights of any mortgagee, trustee or grantor,
<br />under any mortgage, or deed of trust, or to the assignee of any' mort-
<br />gagee, trustee, or guarantor, under any such mortgage or deed of trust
<br />outstanding against the said property at the time that the easements,
<br />agreements, restrictions, reservations or covenants may be violated.
<br />(r) Nothing herein contained shall serve to restrict in any manner
<br />any land other than the land described in the plat of BAY COLONY
<br />SUBDIVISION as hereinabove described.
<br />(s) Beginning January 1, 1962, each residential lot in BAY COL-
<br />ONY SUBDIVISION, when sold by the undersigned, shall be subject to
<br />an annual maintenance charge of Twenty-Five (25.00) Dollars for the
<br />purpose of creating a fund for the use and benefit of the BAY COLONY
<br />PROPERTY OWNERS ASSOCIATION, anon-profit association; such
<br />charge to be paid by the then owner of each lot. This maintenance
<br />charge is to be prepaid annually on the first day of January of each
<br />year and there shall be 6% interest charged on any delinquent pay-
<br />ments. The maintenance charge shall be secured by a vendor's lien
<br />upon said lots.
<br />(t) BAY COLONY PROPERTY OWNERS ASSOCIATION shall
<br />apply the total of the sums so collected, so far as they may be sufficient
<br />for the providing of street lighting maintenance, construction and main-
<br />tenance of recreational facilities, for the repair and maintenance of
<br />streets, paths, parkway, esplanades and vacant lots, for the construc-
<br />tion and maintenance of landscape facilities, for the payment of legal
<br />and other expenses incurred in connection with the enforcement of all
<br />recorded charges, covenants, restrictions and conditions affecting said
<br />property to which annual maintenance charges apply, and' for doing
<br />any other things necessary or desirable in the opinion of said Associa-
<br />tion to maintain or improve the property, or which the Association
<br />considers to be of general benefit to the owners or occupants of BAY
<br />COLONY. It is agreed that the decisions of said Association shall be
<br />final so long as such expenditures are made in good faith.
<br />(u) The annual charge for maintenance may be adjusted by the
<br />Association from year to year as the needs of the property may, in their
<br />judgment require, but shall in no event be set at a greater amount than
<br />$25.00 per year, except by duly recorded petition signed by at least
<br />three-fourths (3/4) of the then property owners of BAY COLONY SUB-
<br />DIVISION and subsequent sections, and in that event, such an increase
<br />shall be binding upon all of the then property owners in BAY COLONY
<br />SUBDIVISION, and subsequent sections.
<br />These maintenance charges shall continue for a period of fifteen
<br />(15) years from the date of the filing of the restrictions, and then shall
<br />continue for five (5) year periods, until a ,majority of -the then lot
<br />owners shall file an instrument with the County Clerk of Harris County,
<br />Texas, agreeing to the abandonment of such charges.
<br />EXECUTED this day of 1961.
<br />BAY COLONY DEVELOPMENT CO.
<br />
<br />By: MARVIN H. HENRY, President
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