Braeburn Valley Sections I & II
For the purpose of treating and carrying out a uniform plan for the improvement and sale of Braeburn Valley, Section One, and addition to the City of Houston, Harris County, Texas, Mitchell Land Company, a Texas Corporation, Owners and Developers of Braeburn Valley, desires to restrict the use and the development of the property located in Braeburn Valley, Section One, in order to ensure that it will be a high-class restricted district.
PURPOSE OF RESTRICTIONS
The restrictions shall be effective until January 1, 1985, and shall automatically be extended thereafter for the successive periods of ten years; provided, however, that the owners of a majority of the square foot area of the lots in Braeburn Valley, Section One, may release all of the lots hereby restricted from anyone or more of the said restrictions imposed hereby or created by deed from Mitchell Land Company, on either January 1, 1985, or at the end of any successive ten year period. thereafter, by executing and acknowledging and appropriate agreement or agreement in writing for such purpose and filing the same for record in the office of the County Clerk of Harris County, Texas, at any time prior to January 1, 1980, or at any time prior to five years preceding the expiration of any successive ten-year period thereafter.
2. USE RESIDENCE PURPOSE
this property shall be used for residence purposes only. The terms "residence purposes" as used herein shall be held and construed to exclude hospitals, duplex houses, and apartment houses, and to exclude commercial and professional uses; and any such usage of this property is hereby expressly prohibited. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
3. ONE RESIDENCE ONLY EACH LOT
Only one residence shall be constructed on each lot; however, this shall not prohibit the construction of a residence on a portion of two or more lots as shown by recorded plat, provided such tract constitutes a homesite as defined in succeeding paragraph.
4. ADDING AREA TO INDIVIDUAL LOTS
Parts of two or more adjoining lots facing the same street in the same block may be designated as one homesite provided the lot frontage shall not be less than the minimum frontage of lots in the same black facing the same street.
5. DEFINITION RESIDENCE PURPOSE
The word "house" or "residence" as used herein with the reference to building lines shall include galleries, porches, steps, projections, and every other permanent part of the improvements, except roofs.
No tents, garage, or outbuilding on this property shall be used as a residence or living quarters, temporarily or permanent, except by servants engaged on the premises.
7. ROOF & WALLS
No garage or servants house, attached to the detached form the house, shall be erected on any lot in Braeburn Valley, Section One with roof or outside walls of material or color different from those used in house or residence erected on such lot, except wit the written consent of Mitchell Land Company.
8. GARBAGE DISPOSAL
All residence built in Braeburn Valley, Section One, must be equipped with a Garbage Disposal.
9. USE OF VACANT LOTS
No trash, ashes or other refuse may be thrown or dumped on any vacant lot in the Addition. No building material of any kind or character shall be placed or stored upon the property until the owner is ready to commence improvements and then such materials 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 streets or between the curb and property lines.
10. CARE OF VACANT LOTS
Grass, weeds and vegetation on each lot sold shall be kept mowed at regular intervals so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants which die shall be promptly removed from the property. Until a home or residence is built upon a lot, Mitchell Land Company may at its option have the grass, weeds and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from the property, and the owner of such lot shall be obligated to pay for the cost of such work. If payment for such work is not made by time construction is started the charge for such work will be collected before water or sewer connection is made.
11. FENCES OR WALLS
No fence, wall, or hedge shall be placed on any lot in the Addition nearer to any street than is permitted for the house on said lot, except with the written consent of Mitchell Land Company, no fence, wall, or hedge shall be placed on any portion of the sites higher than five feet from the ground. Should a hedge, shrub, tree, flower or other planting be so placed, or afterward grow, so as to encroach upon adjoining property, such encroachment shall be removed promptly upon request of the owner of the adjoining property. Should any encroachment be up a right-of-way or easement, it shall be removed promptly upon request of Mitchell Land Company. Such encroachment is wholly at the risk of the owner.
No signs, billboards, posters, or advertising devices of any character shall be erected on this property without the written consent of Mitchell Land Company, and such consent shall be revocable at any time.
No cattle, horses, hogs or other animals, rabbits, or poultry may be kept in any part of this property unless written permission be obtained from Mitchell land Company, such permission to be revocable at anytime.
No excavations, except such as are necessary for the construction of improvements, shall be permitted, nor shall any wall or hold of any kind be dug on this property without the written consent o Mitchell land Company.
15. OTHER RESTRICTIONS
Mitchell Land Company, may make other restrictions applicable to each lot by appropriate provision in the contract or deed, without otherwise modifying the general plan above outlined, and such other restrictions shall inure to the benefit of and bind the respective parties in the same manner as though they had been impressed herein.
Violations of any restrictions, conditions, or covenant herein shall give Mitchell Land Company, the right to enter upon property where such violation exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass.
Mitchell Land Company shall have the right to modify the restrictions with reference to location of setback or sideline restrictions of any of its improvements, and the direction which they shall face, to such extent as it deems for the best interest of the Addition as a whole, but such modification must be in writing.
18. SETBACK LINES
No residence, garage or other structure shall be constructed nearer than the front building line shown on the recorded plat of Braeburn Valley, Section One, no residence nearer than ten (10) feet to either side property line and no garage nearer than five (5) feet to rear or side property line. If garage, servants house or other outbuilding is made an integrated part of the residence, or is connected thereto in a manner approved by Mitchell Land Company, or is Committee appointed by them, upon submission of plans and specification, the setback distances from front and side lines of lot will then automatically become identical with those stipulated for the residence itself.
19. SIZE OF HOUSE AND VALUES
Houses or residence constructed on lots as listed below must contain the number of square feet within the house itself not including porches and patios, and be valued at not less than the figures set out in the tables as shown below:
2000 Sq. Ft. $25,000, Value
1 1 & 2
2 1-12-14-15 to 25 Incl.
3 1 to 5 Incl.
5 1 and 13
1800 Sq. Ft. $20,000, Value
2 2 to 11 Incl. and 13
3 6 and 11
4 2 to 12 Incl. & 15 to 25 Incl..
5 2 to 12 Incl.
1600 Sq. Ft. $18,000, Value
6 2 & 3
In case of a two story house or residence on any lot in Section One, the ground area covered must be not less than 1000 feet and the value of same shall vary the same as single story building as shown above.
20. LIABILITY MITCHELL LAND COMPANY
Neither Mitchell Land Company nor any utility company using the easements herein referred to shall be liable for any damage done by time or their assigns, agents, employee or servants, to shrubbery, trees or flowers or other property of the owner on land covered by said easements.
21. OWNERSHIP OF UTILITIES
It shall be expressly agreed and understood that the title conveyed by Mitchel Land Company to any lot or parcel of land in said Addition by contract, deed or other conveyance shall not in any event be held or construed to include the title to water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone line, poles or conduits or any other utility or appurtenances thereto constructed by Mitchell Land Company its agents through, along or upon said premises or any part thereof to serve property or any other portions of the Addition and the right to maintain, repair, sell or lease such lines, utilities and appurtenances to any municipality or other governmental agency or to any public serving corporation or to any other party is hereby expressly reserved on Mitchell Land Company.
22. INVALIDATION OF COVENANTS
Invalidation on any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
23. PLANS & SPECIFICATIONS COMMITTEE
No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plat plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structure in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by a committee composed of Preston R. Plumb, N. H. Mitchell and E.J. Gracey, officers of Mitchell Land Company and owners of Braeburn Valley, who shall continue to act until said committee may designates Braeburn Valley lot owners of record to replace them. In the event Mitchell Land Company disposes of all the lots in Braeburn Valley prior to January 1985, Mitchell Land Company shall appoint a committee of not less than five (5) of the then resident owners of lots of record Braeburn Valley to serve as a Restrictions Committee to succeed the committee designated above. In the event said committee or its designated representative, fail to approve or disapprove such design and location within (30) days after said plans and specifications have been submitted to it, or if no suit to enjoin the erection of such building has been commenced prior to the completion thereof, such approval will not be required and the related covenants shall be deemed to have been fully complied with. Neither the members of said committee, not its designated representative shall be entitled to any compensation services performed pursuant to this covenant. The powers and duties of such committee, and of its designated representative, shall cease on and after January 1, 1985. Thereafter the approval described in this covenant shall not be required unless, a written instrument shall be executed by the then record owners of a majority of the lots in the subdivision and duly recorded in the Deed Records of Harris County, Texas, appointing a representative, or representatives, who shall thereafter exercise the same powers previously exercised by said committee .
For this purpose of seeing that the specifications covering each and every house or residence erected in Braeburn Valley are carried out and complied with the Mitchell Land Company will appoint a competent inspector to pass on the slab or foundation before it is poured and the grades of materials specified.
RESTRICTIONS FOR BRAEBURN VALLEY SECTION TWO
Restrictions for Section Two shall be the same as Section One with the exception of the following paragraphs and the additions of Paragraph 25.
Add the following: The Mitchell Land Company hereby gives consent for the use of 3 Uniform Signs to be furnished by the Sales Agent for Braeburn Valley:
1 Open Sign
1 Builders Sign
1 Sales Agent Sign
Changed to read as follows: Houses of residences erected on all lots in Section Two must contain twenty-two hundred (2200) square feet, within the house itself, not including porches and patios.
Except with the written consent of Mitchell Land Company, all garages, attached or detached, with a door or doors facing a street, must have a closed storage cabinet across the rear wall from floor to ceiling at least 30" deep to keep the garage from being unsightly from the street.
In order that all builders who build in Braeburn Valley may know what requirements to meet in the slab specifications, to pass inspection, we set out the following minimums:
4" Concrete Slab
6 x 6 No. 6 Wire Mesh
2 Ply 15 lb. Felt Ho-Mopped
8' Sand Pill
12" Pier Holes to Clay 24" Footings
Brick Veneer Beams 18" wide at top - 18" deep and 10" at bottom
Partition Beams 16" x 16" x 10"
Pier Footings 12' O.C.
Four 5/8" Steel Rods or Five 1/2' Rods in Brick Veneer Beams
Two 1/2" Steel rods in Partition Beams
Two 1/2" x 6" Anchor Bolts in each piece of sill
MODIFICATION OF RESTRICTIONS OF BRAEBURN VALLEY, SECTIONS I &II
The Braeburn Valley Civic Association and Garden Club, constituting the property owners association of Braeburn Valley, Sections I & II, a subdivision in the City of Houston, Harris County, Texas, by and through its duly elected officers, and a majority of the homeowners of said subdivision, do hereby make a declare that the Restrictions for Braeburn Valley, Sections I and II, hereof are filed for record in the office of the County Clerk of Harris County, Texas on October 26, 1954, and recorded November 19, 1954 under Clerk's file Number 1333216, Volume 2485, Page 266, Film Code Number 157-50-001-1496, creating and establishing certain restrictions, covenants and reservations to apply to the use and occupancy of all the property in said subdivision, shall be altered, amend and modify as follows:
I. An annual maintenance fee in an amount to be determined by the Civic Committee shall be assessed to each homeowner in Braeubrn Valley Sections I and II for the purpose of mowing and maintaining the parkway along Braeburn Valley Drive, and for the purpose of having private back-door garbage pick-up in the subdivision.
II. No television satellite dish may be erected on any lot in Braeburn Valley Sections I and/or II without the approval of the Civic Committee, and not such satellite dish to be erected shall be visible from the street or streets bordering said property.
All other provisions of the Restrictions for Braeburn Valley Sections I and II, Houston, Harris County, Texas, herein above refered to and recorded November 19, 1954, shall remain in full force an effect.