Nottingham West, Sections One (1), Two (2) and Three (3)
S833349 516-65-2013
01/27/98 300164529 3833349 $501.75
AMENDED AND RESTATED
RESTRICTIONS, COVENANTS AND CONDITIONS
FOR
NOTTINGHAM WEST, SECTIONS ONE (1), TWO (2) AND THREE (3)
THE STATE OF TEXAS§
§
COUNTY OF HARRIS§
WHEREAS, Investment & Finance Company, as owner, caused that certain instrument entitled "Restrictions - Nottingham West - Section One" to be recorded in the Real Property Records of Harris County, Texas on December 8, 1964 under Film Code No. 021-31-0156, et. seq., which instrument imposed various covenants, conditions and restrictions governing the use and occupancy of the following real property:
Lots One (1) through Eighteen (18), inclusive, Block Five (5);
Lots One (1) through Thirty-Six (36), inclusive, Block Six (6);
Lots One (1) through Thirty-Six (36), inclusive, Block Seven (7);
Lots One (1) through Eighteen (18), inclusive, Block Eight (8);
Lots Three (3) through Thirteen (13), inclusive, Block Two (2);
all in Nottingham West, Section One (1), a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 120, Page 41, of the Map Records of Harris County, Texas,
and,
WHEREAS, Pace Setter Inc., as owner, caused that certain instrument entitled "Restrictions - Nottingham West - Section Two" to be recorded in the Real Property Records of Harris County, Texas on February 10, 1965 under Film Code No. 025-21-0218, et. seq., which instrument imposed various covenants, conditions and restrictions governing the use and occupancy of the following real property:
Lots One (1) through Twenty-Four (24), inclusive, Block One (1);
Lots One (1) through Eighteen (18), inclusive, Block Two (2);
Lots One (1) through Thirty-Six (36), inclusive, Block Three (3);
Lots One (1) through Thirty-Six (36), inclusive, Block Four (4);
Lots Nineteen (19) through Thirty-Six (36), inclusive, Block Five (5);
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all in Nottingham West, Section Two (2), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 122, Page 44, et. seq., of the Map Records of Harris County, Texas,
and,
WHEREAS, Investment & Finance Company, as owner, caused that certain instrument entitled "Restrictions" to be recorded in the Real Property Records of Harris County, Texas on September 27, 1965 under Clerk's File No. C167623, which instrument imposed various covenants, conditions and restrictions governing the use and occupancy of the following real property:
Lot Fourteen (14), Block Two (2); Lots Nineteen (19) through
Thirty-Six (36), inclusive, Block Eight (8); Lots One (1) through
Thirty-Six (36), inclusive, Block Nine (9); Lots One (1) through
Thirty-Six (36), inclusive, Block Ten (10); Lots One (1) through
Fifteen (15), inclusive, Block Eleven (11); Lots One (1) through
Eleven (11), inclusive, Block Twelve (12); all in Nottingham West,
Section Three (3), a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 132, Page 71 of the Map Records of Harris County, Texas,
and,
WHEREAS, the restrictions for Nottingham West, Sections One (1), Two (2) and Three (3) each include an identical provision relating to amendment, as follows:
Provisions hereof shall be deemed covenants running with the land
and shall be binding on the owners herein named and all persons
claiming under them until the first day of September, 2002, A.D., at
which time same shall be automatically extended for successive
periods of ten years each unless, by a vote of a majority of the
owners of the lots covered hereby it is agreed to change same in
whole or in part.
and,
WHEREAS, the undersigned, being the owners of a majority of the lots in each section of Nottingham West, desire to amend the restrictions applicable to each section of Nottingham
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West and, at the same time, consolidate all three (3) sections of Nottingham West into a comprehensive set of uniform covenants, conditions and restrictions;
NOW THEREFORE, the undersigned, being owners of at least a majority of the lots in Nottingham West, Section One (1), at least a majority of the lots in Nottingham West, Section Two (2), and a majority of the lots in Nottingham West, Section Three (3), do hereby restate and amend the restrictions for Nottingham West, Sections One (1), Two (2) and Three (3), to be governed by the covenants, conditions and restrictions set forth in this instrument, as follows:
ARTICLE I
Definitions
As used in these Restrictions, the terms set forth below shall have the following meanings:
A. ANNUAL MAINTENANCE CHARGE - The assessment made and levied by the Association against each Owner and his Lot in accordance with the provisions of these Restrictions.
B. ARCHITECTURAL CONTROL COMMITTEE - The Architectural Control Committee established and empowered in accordance with Article III of these Restrictions.
C. ASSOCIATION - Nottingham West Civic Club, Inc., a Texas non-profit corporation, its successors and assigns.
D. BOARD or BOARD OF DIRECTORS - The Board of Directors of the Association as provided in the By Laws of the Association.
E. LOT or LOTS - Each of the Lots shown on the Plats.
F. MAINTENANCE FUND - Any accumulation of the annual maintenance charges collected by the Association in accordance with the provisions of these Restrictions and interest, penalties, assessments and other sums and revenues collected by the Association pursuant to the provisions of these Restrictions.
G. MEMBER or MEMBERS - All Lot Owners who are members of the Association as provided in Article IV of these Restrictions.
H. MORTGAGE - A security interest, mortgage, deed of trust, or lien instrument granted by an Owner to secure the payment of a loan made to such Owner, duly recorded in the office of the County Clerk of Harris County, Texas, and creating a lien or security interest encumbering a Lot or some or all improvements thereon.
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I. OWNER or OWNERS - Any person or persons, firm, corporation or other entity or any combination thereof that is the record owner of fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as a security for the performance of an obligation.
J. PLAT or PLATS - The plat for Nottingham West, Section One (1), recorded in Volume 120, Page 41, of the Map Records of Harris County, Texas; the plat for Nottingham West, Section Two (2), recorded in Volume 122, Page 44, of the Map Records of Harris County, Texas; and the plat for Nottingham West, Section Three (3), recorded in Volume 132, Page 71, of the Map Records of Harris County, Texas.
K. PROPERTY - The following lots in Nottingham West, Sections One (1), Two (2), and Three (3):
Lots One (1) through Eighteen (18), inclusive, Block Five (5);
Lots One (1) through Thirty-Six (36), inclusive, Block Six (6);
Lots One (1) through Thirty-Six (36), inclusive, Block Seven (7);
Lots One (1) through Eighteen (18), inclusive, Block Eight (8);
Lots Three (3) through Thirteen (13), inclusive, Block Two (2);
all in Nottingham West, Section One (1), a subdivision in Harris
County, Texas according to the map or plat thereof recorded in
Volume 120, Page 41, of the Map Records of Harris County, Texas,
Lots One (1) through Twenty-Four (24), inclusive, Block One (1);
Lots One (1) through Eighteen (18), inclusive, Block Two (2);
Lots One (1) through Thirty-Six (36), inclusive, Block Three (3);
Lots One (1) through Thirty-Six (36), inclusive, Block Four (4);
Lots Nineteen (19) through Thirty-Six (36), inclusive, Block Five (5);
all in Nottingham West, Section Two (2), a subdivision in Harris
County, Texas, according to the map or plat thereof recorded in
Volume 122, Page 44, et. seq., of the Map Records of Harris County,
Texas,
Lot Fourteen (14), Block Two (2);
Lots Nineteen (19) through Thirty-Six (36), inclusive, Block Eight (8);
Lots One (1) through Thirty-Six (36), inclusive, Block Nine (9);
Lots One (1) through Thirty-Six (36), inclusive, Block Ten (10);
Lots One (1) through Fifteen (15), inclusive, Block Eleven (11);
Lots One (1) through Eleven (11), inclusive, Block Twelve (12);
all in Nottingham West, Section Three (3), a subdivision in Harris
County, Texas, according to the map or plat thereof recorded in
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Volume 132, Page 71 of the Map Records of Harris County, Texas,
L. RESIDENTIAL DWELLING - The single family residence and appurtenances constructed on a Lot.
M. RESTRICTIONS - The covenants, conditions, restrictions, easements, reservations and stipulations that shall be applicable to and govern the improvement, use, occupancy, and conveyance of all the Lots in the Subdivision as set out in this instrument or any amendment hereto.
N. SUBDIVISION - The Property, together with all improvements now or hereafter situated thereon and all rights and appurtenances thereto.
ARTICLE II.
Provisions Relating to Use and Occupancy
Section 2.1. Use Restrictions.
A. GENERAL. The Property shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements, charges, and liens set forth in these Restrictions. No Lot may be subdivided.
B. SINGLE FAMILY RESIDENTIAL USE. Each Lot shall be used for single family residential purposes only, and no business, professional or commercial use shall be made of any Lots, even though such business, professional or commercial use be subordinate to use of the premises as a residence, and by way of illustration and not by way of limitation, the premises shall not be used for carrying on the trade or profession of a doctor, lawyer, dentist, engineer, geologist, or geophysicists, accountant, contractor, barber, beauty operator, chiropractor, osteopath, radio or television repairman, automobile repairman, boat builder or boat repairman. It is further expressly provided that no activity shall be conducted, or condition allowed, on any Lot which might reasonably be considered as giving annoyance to neighbors of ordinary sensibilities and which might be calculated to reduce the desirability of the property as a residential neighborhood, even though such activity be in the nature of a hobby and not carried on for profit. Notwithstanding the foregoing, (a) informal baby-sitting for three (3) or less children on an occasional or non-scheduled basis, (b) ongoing or scheduled care of two (2) or less children, plus the occupant's children and (c) baby-sitting or care-giving provided by a resident of the Subdivision for those related to the resident by blood, marriage or adoption shall not be construed to be a prohibited business use. The term "single family residential purposes"
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shall be defined as: (a) one or more persons related by blood, marriage, or adoption, which may include only their children (including foster children and wards), their dependent brothers and sisters, their dependent parents and their dependent grandparents; (b) no more than two unrelated persons living together as a single housekeeping unit and their children (including foster children and wards), their dependent brothers or sisters, their dependent parents, and their dependent grandparents; and (c) in no event shall any Residential Dwelling be occupied by more persons than the product of the total number of bedrooms contained in the Residential Dwelling multiplied by two (2).
C. PARKING OF VEHICLES. No vehicle may be parked or stored on any part of a Lot, easement or right-of-way, unless the vehicle is concealed from public view inside a garage or other enclosure, except passenger automobiles, passenger vans and pick-up trucks which do not exceed three-quarter (3/4) ton capacity, that are in operating condition, have current license plates and inspection stickers, and are in daily use as motor vehicles on the streets and highways of the State of Texas. No vehicle may be parked on any portion of the lawn. No vehicle adapted or modified for commercial use, or displaying commercial advertising or logos, may be parked on any Lot or a street adjacent to a Lot unless incident to construction, repair and/or maintenance services being provided to the Owner or occupant of the Lot.
D. OTHER VEHICLES. No mobile home trailer, trailer, bus, recreational vehicle, boat or commercial vehicle shall be parked, kept or stored on any street in the Subdivision. No mobile home trailer, trailer, bus, recreational vehicle, boat or commercial vehicle may be parked on a Lot if visible from the street adjacent to the Lot for more than forty-eight (48) hours in any seven
(7) day period.
E. VEHICLE REPAIRS. No vehicle of any kind shall be constructed, reconstructed, or repaired on any Lot in the Subdivision if visible from a street adjacent to the Lot for more than twenty-four (24) hours in any ten (10) day period. No vehicle covered by a tarp may be stored on a Lot if visible from a street adjacent to the Lot.
F. NUISANCES. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot and no odors shall be permitted to arise therefrom, so as to render any such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot or to its occupants. No nuisance shall be permitted to exist or operate upon any Lot. The Board of Directors shall have the authority to determine whether a nuisance exists on any lot and its determination shall be final. For the purpose of this provision, a nuisance shall be any activity or condition on a Lot which is reasonably considered to be an annoyance to surrounding residents of ordinary sensibilities and which might be calculated to reduce the
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desirability of the property as a residential neighborhood. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any Lot.
G. REPAIR OF BUILDINGS. No Residential Dwelling or other building or structure on any Lot shall be permitted to fall into disrepair, and each such Residential Dwelling, building, or structure shall at all times be kept in good condition and repair and adequately painted and maintained or otherwise finished by the Owner of the Lot at such owner's sole cost and expense. In the event the Owner or occupant of any Lot fails to keep the Residential Dwelling or other building or structure on the Lot maintained in a reasonable manner as required by this section and such failure continues after ten (10) days written notice from the Association, the Association may, at its option, without liability to the Owner or occupant in trespass or otherwise, enter upon said Lot and cause the Residential Dwelling or any other building or structure on the Lot to be repaired, painted and/or maintained and to do every other thing necessary to secure compliance with these Restrictions.
In the event of a fire or other casualty causing damage or destruction to a Lot or the Residential Dwelling located thereon, the Owner of such damaged or destroyed Lot or Residential Dwelling shall within ninety (90) days after such fire or casualty contract to repair or reconstruct the damaged portion of such Lot or Residential Dwelling and shall cause such Lot or Residential Dwelling to be fully repaired or reconstructed in accordance with the original plans therefore, or in accordance with new plans presented to and approved by the Architectural Control Committee, and shall promptly commence repairing or reconstructing such Residential Dwelling, to the end that the Residential Dwelling shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. Alternatively, such damaged or destroyed Residential Dwelling shall be razed and the Lot restored as nearly as possible to its original condition within ninety (90) days of its damage or destruction. In the event that the repair and reconstruction of the Residential Dwelling has not been commenced within ninety (90) days after such fire or casualty and the damaged or destroyed Residential Dwelling has not been razed and the Lot restored to its original condition, the Association and/or any contractor engaged by the Association, upon ten (10) days written notice to the Owner at the Owner's last known mailing address according to the records of the Association, shall have the authority but not the obligation to enter upon the Lot, raze the Residential Dwelling and restore the Lot as nearly as possible to its original condition.
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Any costs incurred by the Association under this section to maintain or repair a building on a Lot or to raze the Residential Dwelling and to restore the Lot to its original condition, plus fifty percent (50% of such costs for overhead and supervision, shall be charged to the Owner's assessment account and collected in the manner provided in Article V of this Declaration. Interest thereon at the rate of ten percent (10%) per annum shall begin to accrue on such sum on the thirtieth (30th) day after the date a written invoice is delivered to the Owner.
H. TRASH CONTAINERS. No garbage or trash shall be placed or kept within the Subdivision except in normal covered containers. In no event shall any such containers be maintained on a Lot so as to be visible from any street in the Subdivision or any neighboring Lot except to make the same available for collection and then only the shortest time reasonably necessary to effect such collection.
I. CLOTHES DRYING. No outside clothesline or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot if visible from any street adjacent to the Lot.
J. ANIMALS. No animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any Lot and then only if they are kept thereon solely as domestic pets and not for commercial purposes. No animal or bird shall be allowed to make an unreasonable amount of noise, or to become a nuisance. No structure for the care, housing or confinement of any animal or bird shall be maintained so as to be visible from any street adjacent to the Lot or a neighboring Lot without the written consent of the Architectural Control Committee. The Board shall have the authority to determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a particular animal or bird is a generally recognized house or yard pet, or a nuisance, or whether the number of animals or birds kept on any Lot is reasonable and its determination shall be final.
K. SIGNS. No signs whatsoever (including but not limited to commercial, political and similar signs) shall be erected or displayed on any Lot if visible from a street adjacent to the Lot except:
(i) Street signs and such other signs as may be required by law;
(ii) During the time of construction of any Residential Dwelling, building or other improvement, one job identification sign not larger than eighteen inches in height and twenty-four inches in width and having a face area not larger than three square feet;
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(iii) A “for sale” sign, of a reasonable type, size and appearance, which is similar to other signs customarily used in Harris County, Texas: