Homeowner’s Copy 2003 Extended Garden Villas Subdivision Deed Restrictions

Vol. 1094 Page 378 Deed Records. #1653555, Restriction, filed 7-6-36.

From: W. T. Carter Lumber & Building Company, by Vice-Pres.

 TO_____________________

             The grantee accept this conveyance subject to the following restrictions, which it is agreed shall be deemed to be covenants running with the land and for their heirs and assigns:

1. (By Supreme Court Decision, this is no longer enforceable.)
   
2. No building except for residence purposes, garage and other outbuildings necessary to be used in connection with the residence shall be erected on any building site herein conveyed. Provided, however, that purchasers of any sites numbered S-70 to S-89, inclusive, in addition to residence and garage, may erect and maintain a florist establishment or poultry farm, or both.
   
3. Only one residence shall be erected on each site herein conveyed. All residences on sites abutting on the South side of streets shall face South, except residence on sites abutting on Park Drive, North of its intersection with Santa Fe Drive, which shall all face on Park Drive. Residences on sites 1 and 18 shall face in the direction optional with the purchaser. No residence shall face on West Drive or Prentiss Drive or Telephone Road, except the residence on Tract S-1, which shall face on Telephone Road. All sites abutting on Oak Drive shall face Oak Drive with the exception of S-70 and Site 7, block 12, which shall face in the direction optional with the purchaser, and site 1, block 12 and S-89, which shall face Avenue B.
   
4. There shall be exactly two feet between the property line and the nearest edge of the outside sidewalks place on any residence site.
   
5. No garage or other temporary structures shall be erected on said building site to be used as a residence.
   
6. The cost of residence, exclusive of garage, servant's rooms and outbuildings, erected on all sites abutting on Santa Fe Drive North of its intersection with Avenue B. on all sites abutting on Sims Drive and on Park Drive North of its intersection with Santa Fe Drive, shall be not less than $4,500.00. The cost of residence, exclusive of garage servants's rooms and outbuildings, erected on all sites abutting on Avenue D, and on all sites South of Avenue D, shall be not less than $2,200.00. The cost of residence, exclusive of garage, servants' rooms and outbuildings, erected on all other sites shall be not less than $3,500.00. It is understood and agreed that the cost of painting is included in the above named amounts, and that no residence or outbuilding shall be left unpainted.
   
7. There is reserved a permanent easement five (5) feet in width, on the rear end of each site, which abuts on an alley, and adjacent to the alley, for all telephone and light connections.
   
8. No surface or open toilet shall be erected on said building site.
   
9. No swine shall be raised or permitted upon said premises.
   
10. The grantor of the property in Garden Villas for schools, churches, parks, playgrounds, baseball park, tennis courts, or other recreation, pleasure or community purposes, and the grantor further retains the privilege of setting aside Blocks 29, 33, 34, 35, and 36 for any and all business or other purposes, and the Grantor specifically retains the privilege of passing upon the plans and methods of construction of any buildings or sidewalks to be erected on sites selected for business purposes. Paragraphs 1 to 7, inclusive, and 11 to 13, inclusive, of the restrictions in this deed, shall not apply to Blocks 29, 33, 34, 35, and 36. Sewer disposal plant is to be located on Tract S-36.
    
11. The building line of the land herein conveyed shall be at least thirty feet from and parallel with the front property line and no building or any part thereof shall be erected or placed upon the space between the said building and said property line. This restriction shall apply to galleries, porches and porte cocheres, but will not be constructed (construed) to apply to front steps.
    
12. No garage, servant's house or other outbuildings on any site shall be built neared than seventy feet of the front property line, and on corner sites nearer than thirty feet of the side property line, or any street or avenue.
13. No fence higher than three and one half (3 1/2) feet shall be erected on the front property line and must be placed on the front property line, and no fence on the side property line shall be higher than three and on half (3 1/2) feet of distance of fifty (50) feet back from the front property line.
    
14. There is reserved to the Vender, its successors or assigns, the right at any time to construct, replace, maintain inspect, alter, remove or repair any damage done by it to improvements on any such lot or lots by reason of the entry thereon by Vendor for any of the purposes next above enumerated.
    
15. All of the restrictions herein set forth shall be void on and after January 1st. 1940, unless at that time seventy five percent of the then property owners shall by agreement extend said restrictions to run to a later date.

Top of Page
 

EXTENSION OF RESTRICTIONS

Volume 7866, Page 126, Deed Records, Filed December 31, 1969, film 112-31-0099.

 State of Texas, County of Harris; KNOW ALL MEN BY THESE PRESENTS;

            THAT WHEREAS, heretofore, W. T. Carter Lumber and Building Company subdivided a certain tract and parcel of land in the Prentiss, Blas Herrera and Kopman Surveys, in Harris County, Texas, by a plat and dedication of a subdivision called "Garden Villas", as shown by a map or plat therefore, filed for record in the office of the County Clerk of Harris County, Texas, and recorded in Volume 8, at pages 3-5, inclusive, of the Map Records of Harris County, Texas, and the said W. T. Carter Lumber & Building Company thereafter made sales of a great number of lots in such subdivision, all of such sales having been made subject to certain restrictive covenants, in pursuance of a general scheme and plan for the development of said Garden Villas, which restrictive covenants were set forth, or referred to, in conveyances to purchasers from said W. T. Carter Lumber & Building Company, and which restrictions and restrictive covenants are in the terms of those contained in a deed recorded in Volume 1094, at Page 378 of the Deed Records of Harris County, Texas, which is a listing of such restrictions and restrictive covenants, to which deed and the contents and record thereof, reference is here made as if same were set forth at length herein; and 

             WHEREAS, the said deeds of conveyance, so executed and delivered by W. T. Carter Lumber & Building Company to Grantees of portions of Garden Villas, as aforesaid, contained a provision that the covenants and restrictions therein set forth could be extended beyond the expiration date stated therein, of January 1, 1940, by action of 75% of the then property owners, which action was, in fact, taken by 75% and more of the then property owners in said Garden Villas Subdivision, who did, by their agreement in writing dated April 5, 1939 (which instrument is recorded in Volume 1153, at page 3 of the Deed Records of Harris County, Texas), extend the terms of such covenants and restrictions to December 31, 1969, and expressly provided that said date of December 31, 1969, stated in such extension agreement was to be the same as if it were the original date set forth in each instrument containing the original restrictions; and 

             WHEREAS, the undersigned owners of property in said Garden Villas Subdivision desire to extend and continue in force, the said restrictions and covenants above described by reference, as to all properties in Garden Villas Subdivision (above described) or so much thereof as the undersigned may affect by their agreement as herein evidenced;

            NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements of the undersigned owners, as herein expressly set forth, each of the undersigned has agreed, and does hereby agree with each other of the undersigned, as follows; 

1. Each of the undersigned, an owner of a tract or parcel of land in said Garden Villas, for himself, his heirs, executors, administrators, successors, devises, and assigns of every character, has covenanted and agreed, and hereby covenants and agrees that, for and during the period of the extension and renewal here after set forth, all property now owned and claimed by each of the undersigned and as to which the undersigned have power or authority to bind by or subject to the terms of this agreement, acting in any capacity (with the exceptions noted in Paragraph 2.), shall be and remain subject to all of the restrictions, covenants, prohibitions and other provisions relating to the use of land, as contained in the listing or statement of restrictions and covenants contained in the deed first above mentioned (which was originally given and delivered in pursuance to a general scheme and plan for the restrictions and dedication of Garden Villas, in its entirely, as an exclusive residential subdivision), and subject to the general scheme and plan thus evidenced, which said restrictions, covenants, prohibitions, general scheme and plan are here renewed and extended so that same shall be and remain in full force and effect for a period of 30 years from and after December 31, 1969, and, with the exceptions made in Paragraph 2 shall affect and apply to each and every lot and tract of land in said Garden Villas, individually and collectively.
2. It is expressly agreed that, as to lots or tracts S-3 and S-4 only, an exception shall be made, so that such lots or tracts may be used for multiple family dwellings, and buildings suitable thereto may be erected and maintained thereon, within the building lines, and subject to all other provisions of the restrictions above set forth. It is further expressly agreed that as to Lot S-2 only, an exception shall be made, so that said Lot S-2 may be used for any purpose that S-3 and S-4 may be used, land further, said lot or Tract S-2 (S-2 is location of present Exxon Station) may be used for conducting a wholesale or retail trade or business of any character, except a rendering plant, packing house, manufacturing or assembly plant, foundry, other industrial use, or other use causing emission of noxious odors, fumes, or noises of a character to constitute a nuisance.
3. It is the intention of each of the undersigned that the prohibitions of use, restrictions and covenants listed in the deed first above mentioned shall apply to each and every tract and parcel of land within Garden Villas Subdivision, above described, with only the exception made in Paragraph 2 hereof, or, alternatively, to each such tract and parcel owned or claimed by the undersigned, or either of them, and each and all such tracts and parcels of land which the undersigned have the power or authority, individually or collectively, in any capacity, to so restrict and affect by restrictive covenants and negative easements, should this instrument be ineffective to affect or subject all of said lots and tracts of land to said restrictive covenants and other provisions herein mentioned.
4. It is further stipulated and agreed, by and between the parties hereto, that the above and foregoing covenants and restrictions, as set forth in the deed above mentioned and hereby extended and renewed for a period of 30 years from and after December 31, 1969, apply to each and all of the tracts and parcels of land depicted upon the above mentioned map or plat of Garden Villas, or in the alternative, to all of the tracts and parcels depicted the parties hereto and properties owned or claimed by the parties undersigned, whether or not any subsequent person or party shall execute this instrument; and that each covenant and restriction so extended and renewed shall be and constitute a covenant running with the land, enforceable by each and every owner of property to which such covenants and restrictions are applicable, and particularly by each and every signatory party hereto, their heirs, executors, administrators, successors and assigns. It is the intention of each of the undersigned to create a general plan and scheme for the development, preservation and maintenance of all properties to which this instrument is applicable, as a high type, exclusive residential neighborhood, in accordance with the terms of the covenants and restrictions herein mentioned, for the benefit of each and every owner of lands affected by the terms of this instrument. 

EXECUTED in multiple counterparts, each effective as an original, on the date of the respective acknowledgements to our signatures hereto, in the year 1969, it being expressly agreed that different counterparts of this instrument may be executed by different parties hereto, and that all such counterparts so executed shall be deemed and construed to constitute a single instrument and agreement.  

Top of Page

Court Decree

COURT CHANGED DEED RESTRICTIONS FOR TELEPHONE ROAD FRONTAGE LOTS.

In the District Court of Harris County, Texas 80th Judicial District. # C-341,478, D. Douglas Robb Jr. et al VS. Wallace Murphy, et al.

AGREED JUDGMENT

On this the 3rd day of November, 1953, came on to be heard in its regular order the above entitled and numbered cause, and then came the plaintiffs, D. Douglas Robb, Jr., A. J. Hoenig, M. J. Lucy, Thomas L. Neiran, individually and officer of the Garden Villas Civic Association, and J. B. McKinley, by their attorney of record, Edward D. Coulson;; and came the defendants, Wallace Murphy and John Joe Kelly, by their attorney of record, W. Henry Colbert; and then came the cross-plaintiffs and intervenes, Wallace Murphy, John Joe Kelly, H. C. Cockburn, Lillie Mae McAllen, who by ---------- of death of W. W. VanAllen, prosecuted this case in her name and as independent executrix of the estate of W. W. VanAllen, deceased, L. S. Richardson, Mrs. W. A. Jackson, a feme sole, Roy Rountree, M. I. McGowen, Karl H. Oalfke, I. G. Audish, Miss Larue St. Clair, a feme sole, Ed Bartholomew, W. E. Kuhn, Wm. A. House and wife, Mrs. Y. A. House, E. Surrett, and N. G. Bentley, Jr., by their attorneys of record, J. L. Webb and W. Henry Colbert; and came the cross defendants, D. A. Stringer, Jr., T. J. Gilchrist, and G. A. Briscoe, individually and as officers, directors and members of the Garden Villas Civic Association, by their attorneys of record, Garwood and Garwood; and came A. M. Hurmann, as cross defendant, by his attorney of record, Ralph D. Coppock, and all and each of all parties announced ready for trial.

The Cross Defendants, B. W. Kallonquiat, J. E. Gillman, Homer --rrall, J. W. Harrigan, L. E. Krause, M. C. Rowold, F. R. Leconte, Leroy Shoemaker, Joe Brewton, G. E. Head, R. F. Hoke, R. L. Hutchings, J. B. Adams Insurance Agency, F. W. Baker, H. H. High, Meine Baugh, A. H. Cople, Jr., G. L. Engdohl, N. C. Heads, and A. N. Kempe, though being duly and legally served with citation to appear and answer, appeared not but wholly made default.

The aforesaid plaintiffs, defendants, intervenes, cross plaintiffs and cross defendants, all being before the Court in person and by their attorneys of record, announced to the Court that after many conferences and serious deliberations they had reached an agreement in compromise of the issues raised by the pleadings of the respective parties herein, and as a result of such conferences had agree upon a judgment to be entered in the above entitled and numbered cause and requested the Court to approve the same and which said Judgment so agreed upon is as follows, to wit:

That the following described tracts and parcels of land situated in Garden Villas subdivision, aforesaid, being contiguous and adjacent to, lying on and along Telephone Road are no longer suitable for residential purposes, and that the common building restrictions and covenants imposed upon the purchasers of said lots should be removed, voided, cancelled, and held of no further force and effect, and that the cloud cast upon the title of the owners of such lots by the restrictions and covenants aforementioned should be removed, said lots and tracts and parcels of land being described as follows, to-wit:

Lots 1,2,3,4,5,6,7, (all also face Santa Fe Dr.), and 40 in Block 4; Lots 1 and 27 in Block 7; Lots 1 and 52 in Block 13; Lots 1,2, and 41 in Block 18; Lots 1,30, and 31 in Block 23; Lots 1,2, and 40 in Block 28, Garden Villas, a subdivision to the City of Houston, Harris County, Texas, according to the map and plat thereof appearing in Volume 8, Page 3, Map Records of Harris County, Texas.(this starts on south side of Santa Fe south to Lindencrest)

NOTE - Judgment did not include former Humble Oil, Exxon, and 2003 Sonic Restaurant. See 1969 Deed Restrictions where this location addressed. Allowed Commercial Use Site S-2 only.