SWAN LAGOON DEED RESTRICTIONS STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, by instrument recorded in volume 3538, page 562, on July 25, 1958, in the deed records of Harris County, Texas, LAGOON DEVELOPMENT CORPORATION, a Texas Corporation, fixed and established certain restrictive covenants upon and covering SWAN LAGOON, SECTION 1, a plat of said subdivision having been filed for record under File Number 15029A, Plat records of Harris County, Texas, and, WHEREAS, a majority of property owners in said SWAN LAGOON, SECTION 1 are desirous of making certain changes and amendments to said recorded restrictions, and are entitled to make such changes and amendments relating to said SWAN LAGOON, SECTION 1, WHEREAS, it is deemed to be in the best interest of the persons who have purchased lands described herein and covered by the above mentioned plat that there be established and maintained a uniform plan for the improvement and development of the lots covered hereby as a highly restricted and modern subdivision. 1
WHEREAS, we the owners of lots in SWAN LAGOON, SECTION 1, and by these presents desire to join in these restrictions and restrict such lots for residential purposes. NOW THEREFOR, we, SWAN LAGOON PROPERTY OWNERS, INC., being the owners of the majority of the said lots: said SWAN LAGOON PROPERTY OWNERS, INC., acting herein by and through its officers, duly authorized to do so by its Board of Directors does hereby adopt the covenants and restrictions which shall be taken and deemed as covenants to run with the land and shall be binding on all parties and persons owning lots within SWAN LAGOON, SECTION 1 prior to June 1, 2000, 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 whole or in part. (a) No lot shall be used except for residential purposes, the term residential purposes, as used herein shall be held and construed to exclude hospitals, clinics, duplex houses, apartment houses, boarding houses, 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 permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and a private garage for not more than three (3) cars. 2
(b) No building shall be erected, placed, or altered on any building plot in this subdivision until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location with respect to topography and finished ground elevation, by a committee composed of five members of SWAN LAGOON PROPERTY OWNERS, INC. appointed annually by the president, or by a representative designated by a majority of the members of the said committee. Plans, in duplicate, shall be submitted to the committee for its action with one set reserved for committee files and one set returned to the submittor bearing the mark of action taken and signed by no less than three members of said committee to be known as the Architectural Control Committee. In the event of death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location or to designate a representative with like authority. In the event such committee, or its designated representative, fail to approve or disapprove such design and location within thirty days after said plans and specifications have been submitted to it, or, in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been complied with Neither the members of such committee nor its designated representatives shall be entitled to any compensation for services performed, pursuant to this 3
covenant. The duties and powers of such committee, and of its designated representatives shall remain in force for a period of time consistent with the life of these restrictions, unless such committee be dissolved and its duties dispensed with by a vote of the then record owners of a majority of the lots in this subdivision. Thereafter, the approval prescribed in this covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by said committee. (c) No building shall be located nearer to the front lot line or nearer to the side street than the building set back 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 10 feet to any side street line, nor nearer than 20 feet from the rear lot line, nor nearer than 5 feet from any side line. Detached garages shall not be nearer than 5 feet from the rear lot line and not 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 smallest frontage, unless otherwise approved by the Architectural Control Committee. If one structure is constructed on a homesite consisting of more than one lot, the combined area shall (for this purpose) be considered as one lot. 4
(d) All houses to be constructed in Block 1, Section 1, shall face Lazy Lake Drive. (e) No noxious or offensive trade or activity shall be carried on upon any lot or shall anything be done thereon which may be or become an annoyance to the neighborhood. (f) No trailer, basement, tent, shack, garage, barn, or other out building erected on the tract shall be at any time used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (g) No residential structure shall be placed on a lot unless its living area has a minimum of 1800 sq. Ft. of floor area for single story structure or 2200 sq. ft of floor area for two-story structure, excluding porches, garages, and servants quarters. (h) The exterior walls of all residences shall be at least fifty-one percent brick, brick veneer, stone, stone veneer, concrete, or other type masonry construction, but the Architectural Control Committee, as outlined in paragraph (b) above, shall have the power to waive the masonry requirements. No structure shall have a roof of wood shingles. Detached garages may be of wood. Residential construction shall be of diligent pursuit and in no instance shall a period in excess of eight (8) contineous calendar months ensue between commencement and completion of such construction including the removal of temporary structures and stored materials located on the site of construction for the express purpose in connection therewith. 5
(i) Easements for installation and maintenance of utility and drainage facilities are reserved as shown on the recorded plat. (j) No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other common household pets may be kept provided they are not kept, bred, or maintained for commercial purposes. The permitting of dogs, cats, or other common household pets to roam at will in the subdivision, so as cause annoyance, is covered by restriction e herein. (k) Bridges constructed over property line ditches shall be of concrete pipe and of a size of not less than 18 inches, or of greater size should ditches be of a depth to require same, in order that drainage 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 lot in this subdivision, nor shall said premises or any part thereof be used for vicious, illegal, or immoral purposes, nor for any purpose in violation of the laws of the State of Texas, or of the United States, or of police, health, sanitary, building or fire code, regulation or instruction relating to or affecting the use of occupancy or possession of any said sites. (m)no sign of any kind shall be displayed to the public view except a sign of not more than five square feet, advertising the property sale, or rent, or signs used by the builders to advertise the property during the construction and sales period. 6
(n) 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 on any lot. No derrick or other structure designed for the use in boring 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 rubbish, trash, garbage, or other wastes 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 clean and sanitary condition. The owner of each lot shall keep grass, weeds, and vegetation trimmed or cut so that the same shall remain in a neat and attractive condition; upon any failure of the owner to comply within thirty (30) days after notice to said owner of such condition, then SWAN LAGOON PROPERTY OWNERS, INC., or its agents may enter upon said lot to remove the same at the expense of the owner. (p) No fence, wall, hedge, nor 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. No solid fencing, wall or hedge shall be erected, grown, or maintained on or along side property lines, between the front and rear property lines, on those lots in the subdivision abutting the water frontage, which would obstruct the open view from adjacent lots thereto. (q) Any violation of any of the covenants, agreements, reservations, easements, and restrictions contained herein shall not have the effect of impairing or affecting the rights of any mortgagee, trustee, or grantor, under any 7
mortgage, or deed of trust, or to the assignee of any mortgatee, trustee, or grantor, under such mortgage or deed of trust, outstanding against said property at the time that the easements, agreements, restrictions, reservations, or covenants may be violated. (r) No boats, trailers, motor homes, or trucks in excess of (1) ton may be parked in front of the front building line of any lot. If open carports are used, no unsightly storage shall be permitted therein that is visible from the street. No boats, trucks, or unsightly vehicles shall be stored, or kept for the purpose of repair, on any lots or drives in view of the public or other residents of the subdivision. (s) No boat docks, piers, boat houses, boat storage sheds, and/or boat slips and/or piling or rip rap shall be constructed, placed, or excavated until plans and specifications have been approved in writing by the committee referred to in paragraph (b). All provisions of said paragraph (b) shall apply to this provision. (t) WATER, SEWAGE FACILITIES 1. No water well or cistern (either above or below ground) shall be drilled, dug, placed or erected in, under, or on any residential lot. All water to be used and/or consumed for any purposes whatsoever in connection with each and every lot or the use or occupancy thereof shall be purchased and obtained from a municipal water supply and/or service system or systems. 8
2. No outside privies or toilets shall be permitted in this addition (EXCEPT FOR PORTABLE TOILETS AS REQUIRED BY THE CITY OF NASSAU BAY FOR TEMPORARY USE DURING CONSTRUCTION.) 3. All toilets shall be inside the houses and prior to occupancy the same shall be connected to a central sewage disposal system. 4. The drainage of sewage into a road, street, alley, ditch, or any waterway, either directly or indirectly is strictly prohibited. (u) ASSESSMENTS 1. Creation of the Lien: Personal obligation of Assessments. Each residential lot in SWAN LAGOON, SECTION 1, is herby subjected to an annual maintenance charge, and each Lot Owner, for each Lot owned within SWAN LAGOON, SECTION 1 (hereinafter sometimes the Association ), hereby covenants, and each subsequent Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agrees to pay to Swan Lagoon Property Owners, Inc. annual maintenance charge assessments, such assessments to be established and collected as hereinafter provided and shall constitute the proceeds of a fund (hereinafter called the maintenance fund ) to be used for the purposes hereinafter provided. The annual maintenance charge assessments, together with interest, costs, and reasonable attorney s fees, shall be a charge on the lot and shall be a continuing lien upon 9
the Lot against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney s fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. The personal obligation for delinquent assessments shall not pass to his successors in title unless assumed by them. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Subdivision and the Association shall use the proceeds of said maintenance fund for the use and benefit of all residents of the Subdivision. The uses and benefits to be provided by the Association shall include, by way of example but without limitation, at its sole option, any and all of the following: maintaining parkways, rights-of-way, easements and esplanades, furnishing and maintaining landscaping, lighting and beautification of the Common Properties; payment of all legal and other expenses incurred in connection with the enforcement of all recorded charges and assessments, covenants, restrictions, and conditions affecting 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 and doing other things and taking such other actions as are necessary or 10
desirable in the opinion of the Association to keep the Lots and the Subdivision neat and in good order, or which is considered of general benefit to the owners or occupants of the Lots in the Subdivision, it being understood that the judgment of the Association in the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith. 3. Maximum Annual Assessment. Until January 1, 1999, the maximum annual assessment shall be Twenty-Five Dollars ($25.00) per Lot per annum. After January 1, 1999, the maximum annual assessment may be increased by the Board of Directors each year (beginning with the year 2000), without a vote of the membership, by an amount not in excess of ten percent (10%) of the maximum annual assessment for the previous year. After January 1, 1999, the maximum annual assessment may be increased for any year (beginning with the year 2000) by an amount in excess of ten percent (10%) of the maximum annual assessment for the previous year, only by a vote of two-thirds (2/3rds) of the Lot Owners who are voting in person or by proxy at a meeting duly called for this purpose. 4. Notice and Quorum of any action under Section (u)(3). Written notice of any meeting called for the purpose of taking any action authorized under Section (u)(3) shall be sent to all Lot Owners not less than 10 days nor more than 50 days in advance of such meeting. At the first such meeting called, the presence of members or of 11
proxies entitled to cast sixty percent (60%) of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. 5. Rate of Assessments. The Board of Directors, in its discretion after January 1, 1999, may fix, by resolution specifying such amount, the annual assessment at any amount not in excess of the maximum then permitted under the terms of Section (u)(3), above, and such annual assessment for the Lots, when fixed, shall be assessed and paid at the rate to be determined by the Board of Directors. 6. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provide for herein shall commence as to all Lots on the date fixed by the Board of Directors to be the date of commencement, and the annual assessment period shall be the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates, which may be monthly, quarterly, semi-annually, or annually, shall be established by the Board of Directors. The Association shall, 12
upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid. 7. Effect of Non-payment of Assessments; Remedies of Association. If any annual assessment charge is not paid within thirty (30) days from the due date thereof, the same shall bear interest at the maximum interest allowed by the laws of the State of Texas. The association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien created hereby against the Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his Lot. 8. Subordination of the Lien to Mortgages. The lien of the assessments provide for herein, as it applies to any Lot, shall be second, subordinate, and inferior to all liens, present and future, given, granted and created by or at the instance or 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 mortgage lien, said beneficiary shall give the holder of such mortgage lien sixty (60) days written notice of such proposed action, such notice, which shall be sent to the nearest office of such mortgage holder by prepaid 13
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 mortgage lien holder, said beneficiary shall acknowledge in writing its objection to give the foregoing notice with respect to the particular Lot covered by such mortgage lien to the holder thereof. No sale or transfer of a Lot shall relieve the owner of such Lot from liability for any assessments theretofore having become due or such Lot from lien thereof. The above maintenance charge and assessment will remain effective for the full term and extended term, if applicable, of the within covenants. (v) Invalidation of any covenant, restriction, etc. (by court judgment or otherwise) shall not affect, in any way, the validity of all other covenants, restrictions, etc all of which shall remain in full force and effect. Acquiescence in any violation shall not be deemed a waiver of the right to enforce against the violator or others the conditions so violated or any other conditions; and SWAN LAGOON PROPERTY OWNERS, INC. shall have the right to enter upon vacant property of the violator and correct the violation, or to require that the same be corrected. Except as regards the above deletions and additions of the recorded subdivision restrictions, all other provisions, covenants, conditions and easements set forth in said restrictions shall remain unchanged, and shall remain in full force and effect. 14
Done at Harris County, TX, this 1 st day of June, 2001 15