For complete text of the Deed Restrictions, click here
SIMPLIFIED
INTERPRETATION OF BRAYS FOREST DEED RESTRICTIONS
by
THE DEED RESTRICTIONS ENFORCEMENT COMMITTEE
of
THE BRAYS FOREST IMPROVEMENT CORPORATION
The following is a simplified interpretation of the Deed Restrictions as applies to all Home Owners/Lessees/Renters of residential property located within the bounds of Brays Forest Subdivision as described in the Deed Restrictions listed below.
BRAYS
FOREST DEED RESTRICTIONS
Filed January 18, 1968
File No. C 643038
Volume .057 - Page 326
Deed Records
State of Texas - County of Harris
The Deed Restrictions are structured or setup in ten (10) sections. They are:
1.
Definitions
2.
Restrictions
3.
Use of Land
4.
Architectural Restrictions
5.
Duration of Restrictions
6.
Brays Forest Improvement Corporation
7.
Maintenance Fund
8.
Right to Enforce
9.
Severability
10. Ratification
of Lienholder
The
homeowner of register - even tho he or she may not currently
occupy the property - are not relieved of their overall
responsibility to insure that their property is properly
maintained to the standards set forth in these restrictions.
It
should be noted that Lessees and/or Renters of such property are
considered just as liable for compliance as if they were in fact
the registered owner of same.
Each
section will be addressed and explained in such a manner that
there should be little or no doubt as to their meaning and
applicability. If questions still linger, they should be
addressed to the Board of Directors of Brays Forest Improvement
Corporation for further simplification and/or interpretation.
The
above referenced sections are shown as follows: 1.
DEFINITIONS
This
section describes what is meant by the words 'street' and 'corner
lot'. No further interpretation is attempted here.
2.
RESTRICTIONS
This
section establishes the fact that
3.
USE OF LAND
(a)
All lots are strictly and solely for the purpose of maintaining a
single family residence.
No
commercial business shall be conducted or maintained on any
property in the
The
term "single family residence" is interpreted to mean
that multi-family groups are not allowed to reside in the same
home. In simple terms - Parents (Father/Mother), and their
children. Immediate relatives (i.e. aging Mother or Father) could
be considered if the circumstances warrant. Brothers, Sisters,
Cousins, Aunts, Uncles and their families do not come under the
context of "single family" and would be a violation of
these restrictions.
(b)
No sign of any type shall be erected and displayed to public
view for any reason except a For
(c)
No livestock of any kind will be kept or raised on any property
in the subdivision except dogs and cats or other household pets.
These pets will not be bred and/or raised for commercial
purposes. City of
Exotic
animals such as lions, llamas, ostriches, exotic snakes, etc.,
are not considered normal household pets. Nor are goats, sheep,
chickens, turkeys, etc., commonly referred to as barnyard
livestock
d)
No noxious or offensive trade or activity shall be carried on any
property which may or could become an annoyance or nuisance to
the adjoining property owners or neighborhood.
This
includes such items as allowing fine's property to become rundown
or deteriorate to such a state that it is an eyesore or becomes a
health hazard;
vehicles
abandoned or left standing for such prolonged periods that the
tire/s become flat and/or refuse and weeds collect in and around
the vehicle;
mechanical
repairs to vehicles that will be inactive for prolonged periods
and become an eyesore to the community due to their state of
disrepair while left standing in the driveway;
oil
or filter changing on the street; loud or obnoxious stereo
systems;
starting
and running vehicle engines that have modified exhaust systems
and are exceptionally noisy and distracting; amateur radio
operator installations that cause reception interference to
adjoining neighbors T.V.;
political
or religious activities that would infringe on a neighbor's right
to peace and good order;
allowing
trash/residue to collect to the point that the trash collection
becomes a habitat for mice and snakes, etc ...
This
section is quite broad in its' coverage and was intended to be so
- for the overall welfare, upkeep and maintenance of all
residential properties - should any doubt exist as to whether a
homeowner or occupant is in violation of same, the violation
should be submitted in confidence to the Brays Forest Improvement
Corporation Board of Directors for review and interpretation.
(e)
No alcoholic beverages as defined by State law, capable of
producing intoxication, will be sold or offered for sale on any
property.
Nor
shall any property or any portion thereof be used for illegal or
immoral purposes.
This
includes but is not limited to illegal drug trafficking and
prostitution.
4.
ARCHITECTURAL RESTRICTIONS
No
improvements of any character (type) shall be erected or the
erection thereof begun, or change made to the exterior design
thereof after original constructions on any lot or homesite in
Type of material
to be used.
Colors to be
applied to the exterior.
Such
approval is to be based on the following general requirements,
stipulations and restrictions:
(a)
Describes the residential lots located within the bounds of
(b)
Specifically states that other than the original sales office, no
building shall be erected on any residential lot except a
detached single-family dwelling.
Such
building shall be no more than two stories high, and shall not
have a garage any larger than for 3
cars.
This clause is very explicit and should leave no doubt as to its'
intent.
(c)
No outside or external structure will be moved onto any lot.
(d)
No trailer, basement, tent, shack, garage, barn or other
building/s erected on any lot
(e)
No temporary building shall be erected or maintained on any lot
except during actual construction (i.e. contractors office, etc..)
Such temporary building shall be removed immediately upon
completion of construction. Such a building will not be used for
residential purposes.
(f)
Garage apartments for rental purposes shall not be permitted.
Living quarters on the lots other than in the main building may
be used for bonafide servants only.
(g)
All improvements shall be constructed so that they face the front
of the lot or streetside of the main dwelling.
(h)
The Architectural Control Committee reserves the right and shall
have the final say on which direction any improvement is
constructed on a corner lot. This decision will be made with the
best appearance in mind for those in the immediate area.
(i)Dwellings
on corner lots shall have representable frontage on all streets
on which that particular lot fronts.
Both
sides of a dwelling on a corner lot shall be maintained in good
taste and not considered to be an eyesore for the subdivision.
(j)
No residence with its' accompanying property shall be sold by the
original builder for less than $20,000.00.
This
applied to the builders during the initial period of construction
of the subdivision.
(k)
The building lines on any residence created in the
(l)
This clause pertains to the planting of hedges or plants or
placement of a fence on a corner lot that would obstruct the
vision of a motorist approaching from either direction.
(m)
No radio antenna wires will be place forward of the building line
of a dwelling.
(n)
No detached garage, servant's house or other outbuilding of any
kind shall be erected on any lot closer than 70 feet to the front
property line - and no closer than 3 feet to either side property
line - nor cross the property easement on the rear side of the
property line.
This
does not apply to garage and servant's quarters when they are
attached to the main residence. However, such quarters must be to
the rear of the main dwelling. No outside toilets will be
permitted.
(o)
No home shall be built on a lot having a width of less than 60
feet between building lines.
(p)
Fifty percent of all front elevations, on one-story residences,
excluding gables and window and door openings, must be of a
masonry veneer.
(q)
Any building erected on a lot and having a frame construction on
the exterior shall have at least two coats of paint at time of
construction.
(r)
Building material/s to be used for improvement shall not be
placed on the property until improvements are to commence and
then the placement of these materials shall be placed within the
building lines of the property - not on the front property line
against the street.
(s)
Any plant/s, tree/s, stump/s or underbrush, or any other kind of
refuse or scraps of building materials accumulated as a result of
improvements shall be removed immediately upon completion of the
project.. Such refuse is not to be thrown over the back fence or
otherwise disposed of on an adjoining vacant lot.
It
is the property owners responsibility to dispose of his refuse in
a timely manner. The subdivision currently has curbside
"heavy trash" pickup every Thursday.
(t)
No drilling for oil, gas or any mineral is allowed. No excavation
for the placement of tanks, tunnels, shafts shall be allowed. And
no structures designed for use in the exploration for oil, gas or
minerals is allowed.
5.
DURATION
The
Deed Restrictions are binding for a period of forty (40) years
from the date of recording (see filing date on page 1 of this
document), and shall be automatically extended for successive
periods of ten (10) years, unless a majority (fifty-one (51)
percent) of the then owners of the lots has been recorded as
agreeing to change said covenants in whole or in part.
6. BRAYS
FOREST IMPROVEMENT CORPORATION:
Established
by the Deed Restrictions to collect maintenance funds, the
expenditure and management of such funds, enforcement of the deed
restrictions, and ownership/maintenance/oversee the swimming pool
and attached facilities.
7.
MAINTENANCE FUND:
Established
by the Deed Restrictions and collected/managed by the Brays
Forest Improvement Corporation.
These
funds are to be dispensed by the Brays Forest Improvement
Corporation in a prudent and sound business like manner.
Such
disbursement shall be made for all reasonable and necessary
expenses to keep the property in the subdivision neat and in good
order or which is considered of general benefit to the owners or
occupants of the property, it being understood that the judgement
of Brays Forest Improvement Corporation, in the expenditure of
said funds, shall be final and conclusive so long as such judgement
is exercised in good faith.
Accountability
of these funds are available to home owners of record.
The
maintenance charge and assessment will continue in force for the
full term (and any/all extensions) of the Deed Restrictions.
Contained
in this Section is the authority given to the Brays Forest
Improvement Corporation to collect the maintenance fees on an
annual basis from each home owner of record. It further provides
that Brays Forest Improvement Corporation may institute such
actions as it deems necessary to collect these fees. Such actions
may include but are not limited to filing a lien against the
property or seeking legal collective action and recourse.
The
original fee as established in 1968, was $48.00 per annum per
residential building. This fee was later raised to $144.00 per
annum by majority vote of the then home owners of record and duly
recorded as provided for under the Section DURATION OF
RESTRICTIONS.
Should
any homeowner so desire, they may obtain a copy of this action at
their own expense. This action is on file at the Harris County
Court House with the approval signatures of all property owners
of record who voted for the increase at that time.
8.
RIGHT TO ENFORCE
This
Section provides Kirkwood Development Co., and its successors
(Brays Forest Improvement Corporation), the right to enforce
these deed restrictions.
It
provides the right to enforce observance and performance of all
deed restrictions, not only through legal remedies, but also by
way of an injunction, either prohibitive or mandatory.
It
further provides that if for any reason a portion or section of
these deed restrictions are found to be invalid, the remaining
sections or portions will in no way be affected.
9.
SEVERABILITY
This
Section states that should any one or more of the above Sections
or clauses be found invalid due to a judgement or other court
order, it will not in any way affect any of the other provisions,
and they (the remaining provisions) shall remain in full force
and effect.
10. RATIFICATION
OF LIENHOLDERS
This
Section sets forth the original ratification of this Deed
Restriction and its' covenants by the Lienholders.
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(RE-TYPED COPY)
Page 1.
BRAYS FOREST DATED : December 28, 1967
SECTION 1 FILED : January 18, 1968
RESTRICTIONS FILE No. : c 643038
STATE OF TEXAS RECORDED : Volume 7057 - Page 326
Deed Records
COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, KIRKWOOD DEVELOPMENT CO., INC., a Texas corporation, which maintains its principal office and place of business in Harris County, Texas, is the owner of BRAYS FOREST, SECTION 1, being a subdivision of a certain 32.13 acres tract of land being a replat of Lots 94, 95 and part of Lot 109 of DAIRY SUBDIVISION in the R. Reynolds Survey, A-662, in Harris County, Texas, according to the map and plat of said BRAYS FOREST, SECTION 1 recorded in Volume 147, Page 137 of the Map Records of Harris County, Texas: and
WHEREAS, it is deemed to be in the best interest of said corporation and of the persons and/or corporations who may purchase lands described in and covered by the above mentioned map and plat that there be established and maintained a uniform plan for the improvement and development of the lots covered thereby except as to the following described portions thereof which shall not be affected by and are expressly excluded from the lands covered by this instrument:
(1) Reserve "A"; being a 1.96 acre tract;
(2) Reserve "B"; being a 0.65 acre tract.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Kirkwood Development Co., Inc., does hereby dedicate the streets, avenues, drives and parkways for use by the public as such, reserving the right to itself, its successors and assigns to any time use the same for installation, maintenance, repairs and renewal of any and all public utilities, and agrees that the land shown to be subdivided according to said map and plat is held, and shall hereafter be conveyed, subject to the covenants, conditions, stipulations, easements and restrictions as hereinafter set forth.
DEFINITIONS
The word "street" as used herein shall include any street, drive, boulevard, road, lane, avenue, or any place as shown on the recorded map and plat as a thoroughfare.
A "corner lot" is a lot that abuts on more than one street. Any lot, except a corner lot, is deemed to front the street upon which it abuts. A corner lot shall be deemed to front the street designated by the Architectural Committee as hereinafter provided.
RESTRICTIONS
For the purpose of creating and carrying out a uniform plan for the improvement and sale of property in said Addition (except as to the excluded portions thereof enumerated) as a restricted subdivision, the following restrictions upon the use of said property are hereby established and adopted subject to the provisions hereof and shall be made a part of each and every contract and deed executed by or on behalf of Kirkwood Development Co., Inc. its successors and assigns, by general reference to this dedication and same shall be considered a part of each contract and deed as though incorporated fully therein. These restrictions, as hereinafter set forth, shall be and are hereby imposed upon each lot or parcel of land in said addition (except as to those excluded portions thereof above enumerated) as shown by said map and plat, and same shall constitute covenants running with the land and shall be binding upon, and shall inure to the benefit of Kirkwood Development Co., Inc., and its successors, and all subsequent purchasers of said property, and each purchaser by virtue of accepting a contract or deed covering said property shall be subject to and bound by such restrictions, covenants and conditions for the term of this instruments as hereinafter set forth.
USE OF LAND
(a) No lots shall be used for purposes other than residential purposes.
(b) 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 constructions and sales period.
(c) No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.
(d) 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 of nuisance to the neighborhood.
(e) No spirituous, vinous or malt or medicated bitters capable of producing intoxication shall be sold or offered for sale on said premises or any part thereof, nor shall said premises or any part thereof be used for illegal or immoral purposes.
ARCHITECTURAL RESTRICTIONS
No improvements of any character shall be erected or the erection thereof begun, or change made in the exterior design thereof after original constructions on any lot or homesite in BRAYS FOREST, SECTION 1, until plans and specifications have been submitted to and approved in writing by the Architectural Committee as hereinafter constituted. Such approval is to include exterior design, the type of material to be used and the colors to be applied on the exterior of the structure and such approval is to be based on the following general requirements, stipulations and restrictions:
(a) All lots, except those excluded lots above enumerated, shall be known and described as residential lots as shown on the map and plat of BRAYS FOREST, SECTION 1 recorded in Volume 147, Page 137 of the Map Records of Harris County, Texas.
(b) No structure shall be erected on any residential buildings plat other than one detached single-family dwelling not to exceed two stories in height and not to exceed three car garage, except sales offices during actual construction period.
(c) No structure shall be moved on to any lot.
(d) No trailer, basement, tent, shack, garage, barn or other buildings erected on any lot shall at any time be used as a residence except as provided in paragraph (i) below, nor shall any residence of a temporary character be permitted.
(e) No temporary building shall be erected or maintained on any lot except during actual construction of a home being erected thereon, and then such temporary building must be on the lot on which construction is in progress and not on adjoining lots, streets or easements, and at completion of construction the temporary building must be removed immediately. No such temporary building or structure shall be used for residential purposes during construction, except sales offices as provided for in paragraph (b) above.
(f) No garage apartment for rental purposes shall be permitted. Living quarters on the lots other than in the main building may be used for bonafide servants only.
(g) All improvements shall be constructed on the lot so as to the street upon which lot faces.
(h) The Architectural Control Committee reserves the right to designate the direction in which such improvement on any corner lot shall face and such decision shall be made with the thought in mind of the best general appearance to that immediate section.
(i) Dwellings on corner lots shall have representable frontage on all streets on which that particular lot fronts.
(j) No residence, together with the lot upon which it is situated, shall be sold by the original builder for less than $20,000.00.
(k) The building lines on any residence to be created in BRAYS FOREST, SECTION 1, shall be as follows:
Not less than twenty-five (25) feet from the front property line and not less than five (5) feet from either side property line except that on all corner lots no structure shall be erected nearer than 10 feet from the side property line abutting a street.
Any building set back as shown on recorded plat shall take precedent, if greater, than those indicated in the preceding paragraph.
(l) No fence, wall hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
(m) No radio aerial wires shall be maintained on any portion of any lot forward of the front building line of said lot.
(n) No detached garage, servants's house or other outbuilding of any kind shall be erected on any lot nearer than 70 feet to the front property line, nor nearer than 3 feet to either side property line, nor nearer than the easement an the rear or side property line of said lot.
This does not apply to garage and servant's quarters when attached to the main residence but any servant's quarters attached to the main residence must be in the rear of same. No outside toilets will be permitted.
(o) No house shall be built on a lot having a width at the building line of less than 60 feet.
(p) Fifty percent of all front elevations, on one-story residences only, excluding gables and window and door openings, must be of a masonry veneer.
No outbuildings shall exceed in height the dwelling to which they are appurtenant, without the written consent of the Architectural Committee.
Every outbuilding except a green house shall correspond in style and architecture to the dwelling to which it is appurtenant.
(q) No building of frame construction on the exterior of any kind or character shall be erected on any lot unless same at the time of construction shall receive at least two coats of paint.
(r) No building material of any kind or character shall be placed or stored upon the property until the owner is ready to commence to improve, and then such material shall be placed within the property lines of the lot or parcel of land upon which the improvements are to be erected, and shall not be placed in the street or between the pavement and property line.
(s) No stumps, trees, underbrush or any refuse of any kind nor scrap material from the improvements begin erected on any lot shall be placed on any adjoining lots, streets or easements. All such material, if not disposed of immediately, must remain on the property on which construction work is progress, and at the completion of such improvements, such material must be immediately removed from the property.
(t) No oil drilling, 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 permitted 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 on any lot.
Kirkwood Development CO., Inc., hereby designates and appoints Johnnie Attaway, L. C. Owens, Richard Whitworth and Herbert S. Hobbs, as the Architectural Committee, which Committee and its successors, are hereby vested with the full right and authority to act as such under the - provisions of these restrictions. The majority of such Committee shall have the right to designate a representative to act for it in all matters arising hereunder. In the event that the Architectural Committee is unable to resolve a problem or make a decision because of a tie vote of its members and a fifth temporary committee member is necessary to resolve said problem or make said decision, a fifth member shall be selected and agreed upon by all other members of said Committee, and the decision of said temporary member of the Committee shall be binding on the Committee as a whole. The selection of a temporary committee member shall be for one specific act only and said temporary member shall not become a permanent member of the Committee by this procedure.
DURATION OF RESTRICTIONS
These covenants are to run with the land and shall be binding an all parties and all persons claiming under them for a period of forty (40) years from date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.
BRAYS FOREST IMPROVEMENT CORPORATION
Each record lot owner of each lot of all sections in Brays Forest shall have one (1) vote or membership in Brays Forest Improvement Corporation, which vote or membership shall automatically pass with the title to the lot. Owners of fractional portions of any lot shall have that same fractional portion of a vote or membership. The vote of lot owned in common by two (2) or more persons may be cast by any one (1) representative so designated by the officers of that corporation. Any voting may be by mail, or in any open meeting, as designated by the Constitution and By-Laws of Brays Forest Improvement Corporation, which will outline in full all the voting procedures, initiative and referendum procedures, its officers and their duties and committees and their duties.
Brays Forest Improvement Corporation, a Texas corporation, shall be a non-stock, non-profit corporation, with the principal purpose of: the collection, expenditure and management of the Maintenance Fund; enforcement of these restrictions; the ownership of the swimming pool site with all its improvements, including swimming pool, change facilities, locker roam, playground equipment, etc.
MAINTENANCE FUND
Each residential building site in Brays Forest, Section 1, is hereby subjected to an annual maintenance change and assessment not to exceed $4.00 per month or $48.00 per annum, 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 Brays Forest, Section 1, to Brays Forest Improvement Corporation, in advance annual installments to be determined by Brays Forest Improvement Corporation, the date of payment thereof commencing on January 1st of the year immediately following the date of sale of the respective lot with residence thereon concerned by the builder of said residence thereon. The amount to be paid on the first annual payment date shall be the prorate portion of the year of sale in which the payee owner owned the respective lot with residence thereon, plus the advance payment for the year subsequent to the year of such sale. In the event that an owner of a respective lot other than a builder owns a lot and does not construct a residence thereon such non-building owner shall commence paying the maintenance charge and assessment hereof in the manner herein prescribed when requested to do so by Brays Forest Improvement Corporation. The rate at which each lot will be assessed will be determined annually, and may be adjusted from year to year by Brays Forest Improvement Corporation as the needs of the subdivision may in the judgment of Brays Forest Improvement Corporation require, provided that such assessment will be uniform and in no event will such assessment or charge exceed $4.00 per lot per month, or $48.00 per lot per year. Brays Forest Improvement Corporation shall use the proceeds of said Maintenance Fund for the use and benefit of all residents of Brays Forest, Section 1, as well as subsequent sections of Brays Forest, provided, however, that each and every future section of Brays Forest to be entitled to the benefit of this Maintenance Fund, must be impressed with and subjected to the annual maintenance of 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 Brays Forest Improvement Corporation.
The uses and benefits to be provided by said Brays Forest Improvement Corporation shall include, by way of clarification and not limitation, any and all of the following: constructing and maintaining parks, parkways, right-of-way, easements esplanades and other public areas; collecting and disposing of garbage, ashes, rubbish and the like; payment of all legal and other expenses incurred in connection with the enforcement of all recorded charges and assessments, covenants, restrictions and conditions affecting said property 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 any other thing or things necessary or desirable in the opinion of Brays Forest Improvement Corporation to keep the property in the subdivision neat and in good order, or which is considered of general benefit to the owners or occupants of the property, it being understood that the judgment of Brays Forest Improvement Corporation in the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith.
To secure the payment of the Maintenance Fund established hereby and to be levied on individual residential lots above described, there is hereby reserved the Vendor's Lien for the benefit of the above mentioned Brays Forest Improvement Corporation, said lien to be enforceable through appropriate proceedings at law by such beneficiary; provided, however, that each such lien is specifically make 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 improvement of any such lot, 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 upon any lot upon which there is any outstanding, valid and subsisting first mortgage lien, said beneficiary shall give the holder of such first mortgage lien sixty (60) days written notice of such proposed action, such notice, which shall be sent to the nearest office of such first mortgage holder by prepaid U.S. Registered Mail, to contain the statement of the delinquent maintenance charges upon which the proposed action is based. Upon the request of any such first mortgage lien holder, said beneficiary shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular property covered by such first mortgage lien to the holder thereof.
The above maintenance charge and assessment will remain effective for the full term (and extended term, if applicable) of the within covenants.
RIGHT TO ENFORCE
The restrictions herein set forth shall be binding upon Kirkwood Development Co., Inc., its successors and assigns and all parties claiming by, through or under it or them, and all subsequent property owners in the subdivision, each of whom shall be obligated and bound to observe such restrictions, covenants and conditions, provided, however, that no such person or corporation shall be liable except in respect to breaches committed during its, his or their ownership of said property. The violation of any restriction, covenant or condition shall not operate to invalidate any mortgage, deed of trust, or other lien acquired and held in good faith against the property, or any part thereof, but such liens may be enforced as against any and all property covered thereby, subject nevertheless, to the restrictions covenants and conditions herein mentioned. Invalidation of any one of these covenants by judgment or court order will be in no wise affecting any of the other provisions which shall remain in full force and effect.
Kirkwood Development Co., Inc., its successors and assigns, shall have the right to enforce observance and performance of such restrictions, covenants and conditions, and in order to prevent a breach or to enforce the observance or performance of same shall have the right in addition to all legal remedies, to an injunction either prohibitive or mandatory. The owner of any lot or lots affected shall have the right either to prevent a breach of any such restrictions, covenant or condition or to enforce the performance of same.
SEVERABILITY
Invalidation of any one of these covenants by judgment or other court order shall in nowise affect any of the other provisions which shall remain in full for and effect.
RATIFICATION OF LIENHOLDERS
AMERICAN BANK, a banking corporation domiciled in Harris County, Texas, and L. C. Owens, as lienholders, join in the execution of this Instrument to evidence their respective ratification, confirmation and adoption of each and every restrictive covenant hereof.
IN TESTIMONY WHEREOF, KIRKWOOD DEVELOPMENT CO., INC., has causes these presents to be executed by its President and its corporate seal affixed hereto on this the 28th day of December, 1967.
ATTEST: KIRKWOOD DEVELOPMENT CO., INC.
/s/ L. C. Owens BY: /s/ Johnnie Attaway
Secretary President
ATTEST: AMERICAN BANK
/s/ Lorraine V. Caltagirone BY: /s/ Fred W. Helcher. Jr.
Assistant Cashier (SEAL) Executive Vice President
/s/ L. C. Owens
L. C. Owens
THE STATE OF TEXAS )
)
COUNTRY OF HARRIS ) BEFORE ME, the undersigned authority, on this day personally appeared Johnnie Attaway, President of KIRKWOOD DEVELOPMENT CO., INC., a Texas corporation, known to me to be the person whose name is subscribed hereto and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 28 day of Dec., 1967.
/s/ Mary F. Greene
(SEAL) Notary Public in and for Harris
County, Texas
----------------------------------------Amendment------------------------------------------
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF HARRIS X
WHEREAS, the undersigned persons are all present owners of lots (which term includes any parcel of land) in BRAYS FOREST, SECTIONS 1, 2 and 3, which are subdivisions located in Harris County, Texas, hereinafter collectively referred to as "Brays Forest”; and
WHEREAS, pursuant to a general plan and scheme for the development and preservation of Brays Forest as an exclusive residential district, the land therein is made subject to those certain restrictions, covenants and conditions, and by other applicable instruments, including, but not limited to those hereinafter described or referred to, hereinafter collectively referred to as the "restrictions", to wit:
LAND COVERED DATE RECORDED AND HARRIS COUNTY,
BY RESTRICTIONS HARRIS COUNTY, TEXAS TEXAS MAP
HEREIN MODIFIED RECORDING INFORMATION RECORDS
Brays Forest, Section 1 December 28, 1967, Volume 147,
Volume 7057, Page 326 Page 137
Brays Forest, Section 2 May 12, 1969, Volume 156,
Volume 7607, Page 599 Page 27
Brays Forest, Section 3 March 13, 1970, Volume 167,
Volume 7960, Page 318 Page 67
(reference being made to each of said instruments and plats and records thereof for all relevant purposes and each are hereby expressly incorporated herein by reference for all purposes); and
WHEREAS, the deeds or other recorded instruments pertaining to said land executed by KIRKWOOD DEVELOPMENT CO., INC. and any other grantors conveying lard in Brays Forest adopted by reference the Restrictions or said deeds or other recorded instruments were subject to the Restrictions, and all of the Restrictions contained in said deeds or other instrument or made a part thereof by reference either by express reference or as a matter of law by being subject to the Restrictions were and are covenants running with the land;
NOW, THEREFORE, in consideration of the premises and the execution hereof by each other party hereto, and for the purpose of continuing the general plan and scheme for the maintenance and management of Brays Forest, a majority of the present owners of the lots in Brays Forest acting pursuant to the terms and provisions of the Restrictions pertaining to Brays Forest, do hereby agree that part of the Restrictions be and they hereby are amended as follows:
"That portion of the Restrictions pertaining to the Maintenance Fund shall hereafter provide that each residential building site in Brays Forest is subjected to an annual maintenance charge and assessment not to exceed $12.00 per month or $144.00 per annum instead of $4.00 per month or $48.00 per annum and that any provision to the contrary shall be so amended. Such maintenance charge and assessment shall be levied and paid as provided in the Restrictions and except as herein set forth the Restrictions are ratified, republished, and readopted and shall continue in full force and effect."
For the same consideration and purpose mentioned above, the undersigned do hereby covenant and agree as follows:
(1) That this declaration and agreement may be ratified by any person or persons having an interest in the subject matter hereof by the execution of a separate agreement of ratification which shall have the same force and effect as if said person so ratifying had executed this instrument or same other duplicate original.
(2) That the undersigned persons do hereby severally covenant, represent and warrant that they are the owners of the lots, parts of lots or acreage in Brays Forest as shown opposite their respective signatures hereto, that they have the full right and authority to execute this instrument and to bind the lots, parts of lots and acreage owned respectively by each of the undersigned in Brays Forest, that the terms hereof shall extend to and be binding upon all parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns.
IN TESTIMONY WHEREOF the parties hereto have executed and acknowledged this written declaration and agreement in multiple counterparts, each of which shall constitute and original hereof for all purposes and all of which shall constitute but one and the same Instrument, on the respective dates of the acknowledgement of each such party hereto, in order that such written' declaration and agreement may be recorded in the Deed Records of Harris County, Texas.
NAME PROPERTY OWNED
_________________________________ Lot ________, Block ___________
Brays Forest, Section _______
_________________________________ Lot ________, Block ___________
Brays Forest, Section _______
_________________________________ Lot ________, Block ___________
Brays Forest, Section _______
_________________________________ Lot ________, Block ___________
Brays Forest, Section _______