RESTRICTIONS FOR PHASE V
THE STATE OF TEXAS=
)
)=
=
KNOW ALL MEN BY THESE PRESENTS =
COUNTY OF HOOD )
That INDIAN HARB=
OR,
INC., a Texas Corporation (hereinafter referred to as Dedicator), is the ow=
ner
of several tracts of real property in Hood County, Texas, including the land
specifically described in Exhibit “A” attached hereto and made a
part hereof for all purposes, a map and plat of which is also attached here=
to,
and which plat is adopted by Dedicator as its plan for subdividing said tra=
ct
described into lots as shown thereon, as a part of INDIAN HARBOR PHASE V, a=
nd
being:
Lots 1 thru 201, inclusive, INDIAN HARBOR, PHASE=
V,
John Hamilton Survey, Abstract 237, Hood County,=
Texas
WHEREAS, Dedicat=
or
desires to subdivide and plat said real property and other lands, in
installments, from time to time, so as to orderly develop the same with are=
as
for single family residences and areas for recreational uses, with their al=
lied
facilities, and has caused the above described lots, specifically described=
in
Exhibit “A” to be subdivided and platted as shown by the plat
attached hereto; and
WHEREAS, Dedicat=
or
desires to create and carry out an orderly plan for development, improvement
and use of all the lots in INDIAN HARBOR, PHASE V, so as to provide for the
preservation of the values and amenities in said development and the
maintenance of the facilities thereof for the benefit of the present and fu=
ture
owners of said lots:
NOW, THEREFORE, =
INDIAN
HARBOR, INC. declares that the
above property specifically described in Exhibit “A” designated=
as Lots 1 thru 201, inclusive, INDIAN HARBOR, PHASE V,=
Hood
County, Texas, is and shall be held, transferred, sold, conveyed and occupi=
ed
subject to the covenants, restrictions, easements, charges and liens
hereinafter set forth, which shall be and are hereby made to run with the l=
and.
EA=
SEMENTS
Easements
designated on said plat as Anaconda Trail, Chisholm Trail, San Mateo Drive,
Acoma Ct., Chaco Trail, Chavez Ct., Zuni Ct., and Osage Court, hereinafter
referred to as “Private Ways” are to provide Dedicator, its
successors and assigns, and the owners of the various lots of Indian Harbor
with ingress and egress to the area and facilities thereof and are reserved=
as
private ways, and no right of the public generally shall accrue in and to a=
ny
of such ways. Dedicator reser=
ves to
itself, its successors and assigns, the right to convey said easements or
rights therein to INDIAN HARBOR OWNERS ASSOCIATION, INC. (hereinafter refer=
red
to as “The Association”), to be retained by said Association for
the benefit of the properties or dedication to the public as public ways and
easements.
Those por=
tions
of lots below Elevation 696 adjoining DeCordova Bend Reservoir are subject =
to
the easement in favor of the Brazos River Authority granted in conveyance d=
ated
March 20, 1969, executed by Jenkins Garrett and recorded April 14, 1969, in
Vol. 149, Page 488, Deed Records, Hood County, Texas.
IND=
IAN
HARBOR, INC., reserves to itself, its successors and assigns, an easement a=
nd
right to construct and maintain in, over and across the easements and priva=
te
ways shown on said plat, utilities of every kind, including sewers, water
mains, gas mains, power and communication lines and all pipes, lines and ot=
her
appurtenances in connection therewith.&nbs=
p;
An easement of 5 feet in width is hereby reserved along each side of
each lot and along the side of each lot adjoining the “Private Ways&#=
8221;
as may be necessary for the installation and maintenance of said utilities a=
nd
lines.
RESTRICTIONS AND COVENANTS
The
restrictions, covenants, charges and liens set out in the dedication of IND=
IAN
HARBOR, dated the 25th of September, 1969, and recorded in Vol. =
154,
page 88, Deed Records of Hood County, Texas, are hereby adopted as
restrictions, covenants, charges and liens, running with the land hereby
dedicated, and such restrictions, charges, covenants, and liens and any
amendments and additions made thereto, are hereby incorporated as a part
hereof, except that Paragraph 6 shall read as follows: No building exceeding
two stories in height shall be erected on any lot, and each residence lots
1-201 shall have a minimum floor area of 1750 square feet,
THE STATE OF TEXA=
S )
)
COUNTY OF HOOD
BEFORE ME, the
undersigned, a Notary Public in and for said County and State, on this day
personally appeared LESTER COX, President of INDIAN HARBOR OWNERS ASSOCIATI=
ON,
INC., BOARD OF DIRECTORS, and
Lorenia Wright Vice-President of&nb=
sp;
INDIAN HARBOR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS known to me to be the person and o=
fficer
whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the said INDIAN HARBOR, INC., a corporation and
that they executed the same as the act of such corporation for the purposes=
and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFF=
ICE
this the 5th day of April, 2007.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; /s/
Jacalyn Denholm
Notary Public, H=
ood
County, Texas
/s/
Lester Cox
By
Lester Cox
President
Board of Directors
Indian
Harbor Owner’s Association
/s/
Lorenia Wright
By
Lorenia Wright
Vice-President
Board of Directors
Indian
Harbor Owner’s Association
Phase
V
Originally
Recorded in Vol. 11714, Page 13
Amended
April 5, 2007
Recorded
April 9, 2007 in Vol. 2291, Pages 169-173
RESTRICTIONS
FOR PHASE I
THE STATE OF TEXAS=
&=
nbsp; )
) =
KNOW ALL MEN BY THESE PRESENTS =
COUNTY OF HOOD &=
nbsp; )
That INDIAN HARB=
OR,
INC., a Texas Corporation (hereinafter referred to as Dedicator) is the own=
er
of several tracts of real property in Hood County, Texas, including the lan=
ds
described in Exhibit “A” attached hereto and made a part hereof=
for
all purposes, a map and plat of which is also attached hereto, and which pl=
at
is adopted by Dedicator as its plan for subdividing said tracts into lots a=
nd
blocks as shown thereon, the same to be known as “INDIAN HARBOR.̶=
1;
WHEREAS, Dedicat=
or
desires to subdivide and plat said real property and other lands, in
installments, from time to time, so as to orderly develop the same with are=
as
for single family residences and areas for recreational uses, with their al=
lied
facilities, and has caused the above described portion to be subdivided and
platted as INDIAN HARBOR, an Addition in Hood County, Texas, as shown by the
plat attached hereto; and
WHEREAS, Dedicat=
or
desires to create and carry out an orderly plan for development, improvement
and use of all the lots in INDIAN HARBOR, so as to provide for the preserva=
tion
of the value and amenities in said development and the maintenance of the f=
acilities
thereof for the benefit of the present and future owners of said lots:
NOW, THEREFORE, =
INDIAN
HARBOR, INC., declares that the above described property designated as INDI=
AN
HARBOR is and shall be held, transferred, sold, conveyed and occupied subje=
ct
to the covenants, restrictions, easements, charges and liens hereinafter set
forth, which shall be and are hereby made to run with the land. I
SUBDIVISION RESTRICTIONS
INDIAN HARBOR SUBDIVISION
Dedicator (or an Architectural Committee appoint=
ed by
Dedicator) shall have the right to enforce the restrictions contained herei=
n.
1. There shall be established an
Architectural Committee composed of three (3) members appointed by Dedicato=
r to
protect the owners of lots in this Subdivision against such improper use of
lots as will depreciate the value of their property; to preserve so far as
practicable, the natural beauty of said property; to guard against the erec=
tion
thereon of poorly designed or proportioned structures and structures built of improper or
unsuitable materials, to obtain harmonious architectural schemes; to insure=
the
highest and best development of said property; to encourage and secure the
erection of attractive homes to secure and maintain proper setbacks from
streets and adequate free spaces between structures; and, in general to pro=
vide
adequately for a high type of quality of improvements in said property; and thereby to e=
nhance
the value of investments made by purchasers of lots therein.
The Dedicator or=
the
Architectural Committee, and the officers and members thereof shall not be
deemed to have assumed any liability with regard to any undertaking by
consequence of its enactment and enforcement of, or failure to enact or enf=
orce
minimum standards for, any improvements, and no act or omission shall be
construed to impose any liability upon the undersigned, said Architectural
Committee, or the officers and members thereof for damages which any grante=
e of
property in INDIAN HARBOR Subdivision may sustain.
2. No lot shall be further subdivided
except that fractions of lots may be separated to add to space of whole lot=
s if
the combination of whole and fractional lots is used as a single building s=
ite
and if all other provisions of these subdivision restrictions are complied
with. No lot or any part of a=
lot
shall be used for a street, access road or public thoroughfare without the
prior written consent of the Dedicator, its successor and assigns.
3. If the owner of any lot in said
Subdivision, or any other person, shall violate any of the covenants herein,
shall be lawful for any other person or persons owning any real property
situated in said Subdivision to prosecute any proceedings at law or in equi=
ty
against the person or persons violating or attempting to violate any such
covenant and either prevent him or them from so doing or to recover damages=
or
other dues for such violations, or both.
4. All lots are restricted to use for
single family residential purposes only and no building shall be erected or
maintained on any residential lot in said Subdivision other than a private
residence, a private boathouse, and a private garage for the sole use of the
owner or occupant.
5. No existing building or structure =
of any
kind and no part of an existing building or structure shall be moved onto,
placed on, and permitted to remain on any lot (except with the written appr=
oval
of the Dedicator or Architectural Committee). All construction must be of n=
ew
material, except stone, brick or other materials used for antique decorative
effect if such used is approved in writing by the Architectural Committee.<=
span
style=3D'mso-spacerun:yes'> No sheet metal (except for Boathou=
ses)
or tar paper type roof or siding materials will be used on any structure.
6. No building exceeding two stories =
in
height shall be erected on any lot, and each residence shall have a minimum
floor area of 850 square feet, exclusive of porches, stoops, open or closed
carports, patios or garages.
7. No building, fence, or other struc=
ture
or improvements shall be erected, placed or altered on any lot until two co=
pies
of the constructions plans and specifications of all exterior materials and=
a
plan showing the proposed location of the structure, have been submitted to=
and
approved in writing by the Dedicator or Architectural Committee as to harmo=
ny of
external design with existing structures and as to location with respect to
topography and finish grade elevation.&nbs=
p;
If construction is not commenced within eight (8) month of such
approval, the approval shall be null and void unless an extension is grante=
d in
writing.
8. No buildings, fence or structure o=
f any
kind shall be located on any lot nearer to the front lot line than 25 feet;
provided, such setback may be waived by Dedication as to individual lots wh=
ere
deemed by Dedicator appropriate because of the terrain of such lot. For the purpose of this covenant, =
caves,
steps and open porches shall be considered as a part of a building. Lots shall “front” on =
the
adjoining private way; corner lots shall be deemed to “front” on
the way adjoining the shortest lot line. No part of any structure shall be
erected or maintained closer than 7 feet to any side lot line.
9. No animals or birds, other than
household pets, shall be kept on any lot.
10. The lot shall be kept clean and fr=
ee of
trash, garbage, and debris at all times, and fires must be contained in a s=
afe
enclosure.
11. No outbuilding or garage, other th=
an a
boathouse, shall be erected on any lot before a residence is constructed
thereon, and no outbuilding, boathouse, basement or garage erected on any l=
ot
shall at any time be used as a dwelling, temporary or permanently, nor shall
any shack be placed on any lot, nor shall any residence of a temporary
character be permitted. No ma=
nufactured
home (including but not limited to camper trailers, travel trailers, mobile
homes, modular homes, tilt-panel homes, pre-manufactured homes, etc.) shall=
be
placed on any lot except that on any lot on which a residence has been
constructed there may be parked one camper or travel type trailer of not mo=
re
than 25 feet in length, but no trailer or mobile home shall be occupied or =
used
as a temporary or permanent residence while parked on said lot except during
the allowed 6 months construction period allowed for a dwelling thereon; an=
d an
approved septic tank must be installed prior to occupancy.
12. Easements are hereby reserved by
Dedicator in INDIAN HARBOR as shown on the plat filed of record herewith.
It is understood=
and
agreed that it shall not be considered a violation of the provisions of the
easement if wires or cables carried by such pole lines pass over some porti=
on
of said lots not within the easements as long as such lines do not hinder t=
he
construction of building on any lots in this Subdivision.
The Dedicator an=
d/or its
designees may, on any lot and/or lots then owned by it, construct, maintain,
use and allow to be used by others, parks, swimming pools, recreational
facilities, playgrounds, boat launching areas, community center buildings,
sales offices, water wells and related pumping, storage, operation and
maintenance facilities, and the like, and numbered paragraphs 4, 5, 6 and 8
hereof shall not apply thereto. The
Dedicator reserves the right to remove sales office from said Subdivision. =
13. No outside toilet or privy shall be
erected or maintained in the Subdivision.&=
nbsp;
The materials installed in, and the means and methods of assembly of,
all plumbing shall conform with the requirements of the Health Department of
Hood County and the State of Texas.
14. Each owner of
property (including purchasers under contracts of sale) shall apply for
membership in the INDIAN HARBOR OWNERS ASSOCIATION, and if approved for
membership must be and remain a member of said INDIAN HARBOR OWNERS
ASSOCIATION. An assessment is
hereby made as to each lot in this Subdivision of (i) $1,50 per month per l=
ot,
the owner of which owns only one lot in said Subdivision, and (ii) an
additional $1.00 per month per lot in said Subdivision in respect to all lo=
ts
in excess of one owned by the same owner for the maintenance and constructi=
on
of swimming pools, recreational facilities, playgrounds, boat launching are=
as,
parks, roads, and other improvements in INDIAN HARBOR Subdivision;
“owner” as used herein shall include purchasers under contracts=
of
sale. The assessment shall ac=
crue
from the date of the contract of sale.&nbs=
p;
Such assessment shall be and is hereby secured by a lien on each lot=
in
this Subdivision, respectively, and shall be payable to INDIAN HARBOR OWNERS
ASSOCIATION (a Texas non-profit corporation), its successors and assigns, t=
he
owner of said assessment funds on May 31st of each year commenci=
ng
in 1970, at which date in the year 1970 and in successive years said assess=
ment
lien shall conclusively be deemed to have attached, and there shall be no l=
ien
securing said assessment until May 31st of each such year. Said assessment lien shall be juni=
or and
subordinate to any lien which may be placed on any lot or any portion of any
lot as security for any interim construction loan and/or any permanent loan=
for
financing improvements on said lot, and/or any purchase money loan for any =
lot
on which a dwelling or building complying with these restrictions has
theretofore been constructed. Said
assessment shall not accrue in respect to any lot during such time as the o=
wner
(or any person as purchaser from INDIAN HARBOR, INC., under a contract to
purchase then in force) of such lot, after having made Phase
I written
application for membership in said INDIAN HARBOR OWNERS ASSOCIATION, is ref=
used
membership (or having been admitted is involuntarily expelled from membersh=
ip)
in said Association, it being understood that said swimming
pool, park and recreational area are for the sole use and benefit of the
members of said Association and their families. 75 per cent of the voting stock of=
the
Association shall be retained by Dedicator until such time as the voting rights
shall be transferred to the membership at large, in accordance with the by-=
laws
of the Association. 15. Any building, structures or improv=
ement,
commenced upon any lot shall be completed as to exterior finish and appeara=
nce,
within six (6) months from the commencement date. No lot or portion of any lot shall=
be used
as a dumping ground for rubbish or trash, nor for storage of items or mater=
ials
(except during construction of a building), and all lots shall be kept clean
and free of any boxes, rubbish, trash, or other debris. The undersigned shall have the rig=
ht to
enter the property where a violation exists under this paragraph and remove=
the
incomplete structure or other items at the expense of the offending party.<=
span
style=3D'mso-spacerun:yes'>
16. On waterfront lots where the rear =
lot
line coincides with the Brazos River Authority boundary line for Granbury L=
ake,
any construction of boat docks, piers or other structures below elevation 6=
93
feet shall not be commenced until written permission has been received from=
the
Brazos River Authority, Waco, Texas.
17. No water wells shall be drilled up=
on any
of the said numbered lots by the owners so long as water for domestic uses
shall otherwise be available to the owners of said lots, but nothing herein
contained shall be constructed as prohibiting INDIAN HARBOR, INC., its
successors, assigns, or nominees, from drilling and equipping a well or wel=
ls
on any property located in or near the Subdivision for the purpose of suppl=
ying
water to the owners of any property in said Subdivision or in any addition
thereto.
18. These restrictions, covenants, and
conditions may be enforced by Dedicator herein or by the owner of any lot in
INDIAN HARBOR either by proceedings for injunction or to recover damages for
breach thereof, or both. Howe=
ver,
only the Association heretofore referred to, its successors or assigns, may
file suit to collect any of the charges and expenses mentioned in these
restrictions, covenants, and conditions to enforce foreclosure of any lien
therein granted, with said suit to be filed in any court of competent
jurisdiction and with venue to be in Hood County, Texas.
19. These restrictions, covenant, and
conditions are to run with the land and shall be binding on all parties and=
all
persons claiming under them for a period of twenty-five years from the date=
of
such restrictions, covenant, and conditions shall be automatically extended=
for
successive periods of ten years unless an instrument signed by a majority of
the lot owners of lots covered hereby has been recorded, agreeing to a chan=
ge
in said restrictions, covenants, and conditions in whole or in part.
20. If any portion of these restrictio=
ns,
covenants, and conditions shall be declared invalid by judgment or Court or=
der,
it shall not affect the validity of any other provisions or portion thereof=
.
THE STATE OF TEXA=
S )
)
COUNTY OF HOOD
BEFORE ME, the
undersigned, a Notary Public in and for said County and State, on this day
personally appeared LESTER COX, President of INDIAN HARBOR OWNERS ASSOCIATI=
ON,
INC., BOARD OF DIRECTORS, and
Lorenia Wright, Vice-President of&n=
bsp;
INDIAN HARBOR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS known to me to be the person and o=
fficer
whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the said INDIAN HARBOR, INC., a corporation and
that they executed the same as the act of such corporation for the purposes=
and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFF=
ICE
this the 5th day of April, 2007.
&=
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p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; /s/
Jacalyn Denholm
Notary Public, H=
ood
County, Texas
/s/
Lester Cox
President
Board of Directors
Indian
Harbor Owner’s Association
/s/
Lorenia Wright
Vice-President
Board of Directors
Indian
Harbor Owner’s Association
Phase
I
Originally
Recorded in Vol. 154, Page 88
Amended
April 5, 2007
Recorded
April 9, 2007 in Vol. 2291, Pages 169-173