Below is the current version of the Houston Heights Association deed
restriction document. If you need a copy of the
restrictions pertaining to your property, please e-mail coordinator at deedrestrictions@houstonheights.org. You must include the
property address, your name and a phone number in case we need to reach you.
Download as a Deed Restriction Document as a PDF Document
HERE.
JOINT
AND MUTUAL
RESTRICTIVE COVENANT AGREEMENT
THE HOUSTON HEIGHTS
(PART
OF) BLOCK(S) ______ AND _______
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
WHEREAS, the undersigned persons own, respectively, the property
set forth beside his, her, its, or their name(s) on Exhibit
"A" attached hereto ("the Property”); and
WHEREAS, the undersigned persons desire to bind themselves in
joint and mutual covenants to control the use and development of the
Property herein described;
NOW, THEREFORE, it is hereby declared that all of the Property,
as defined below, shall be held, sold, and conveyed subject to the
following restrictions, covenants, and conditions which are for the
purpose of protecting value and desirability of the Property, as defined
below, and which shall run with the Property and shall be binding on all
parties having any right, title, or interest in or to the Property or
any part thereof, and their heirs, successors, and assigns, and which
restrictions, covenants, and conditions shall inure to the benefit of
each Owner, as defined below, of any of the Property:
ARTICLE ONE
DEFINITIONS
1.01
OWNER. "Owner"
shall refer to the record Owner, whether one or more persons or
entities, of the fee simple title to any of the Property, as defined
below, whether all or part of said Property be improved or unimproved,
including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
1.02
PROPERTY. "Property"
shall refer to any or all of those certain parcels of real property
described on Exhibit "A" attached hereto beside the name or
names of any person or persons who have executed this Agreement.
1.03RESIDENCE. "Residence" shall mean and refer to a single
dwelling unit (constituting a single residential space containing
facilities for living, sleeping, cooking, and eating) included within or
constituting a house, townhouse, condominium unit, apartment unit, or
garage apartment.
ARTICLE TWO
RESTRICTIONS
2.01
USE. All of
the Property shall be used for residential purposes; or, for primary
residential use and incidental business or commercial use, in the home,
provided that the permitted business or commercial use is incidental to
the primary residential use of the Property and the general public is
not invited, and the business or commercial use is limited to office or
professional activity specifically excluding, without limitation, any
manufacturing (other than home crafts and hobbies) or industrial
activity. Except as
otherwise provided herein, the Property shall not be used for any type
of business or commercial purpose, or for any industrial or
manufacturing purpose whatsoever. Boarding
houses or use of any of the Property for hotel purposes is expressly
prohibited hereby. No
structure of a temporary character, trailer, mobile home, tent, shack,
or other outbuilding shall be used on the Property at any time as a
residence either temporarily or permanently.
2.02
DESTRUCTION OF
PREMISES.
Should any permanent structure located on the Property be totally
destroyed by fire, wind, rain or any other disaster, then in any event,
the Owner of said Property shall clean such Property of any and all
debris within nine (9) months of the date of such disaster.
The Owner may rebuild the destroyed structure in the same or
substantially the same dimensions and site, and for the same use as
immediately before the destruction.
2.03
SIGNS.
No signs of any character shall be allowed on the Property or on
any improvement located thereon, except (i) one sign of not more than
five feet square advertising the Property or any Residence located on
the Property for sale or rent, or (ii) signs of a temporary nature of
not more than five square feet for political or garage sale purposes and
(iii) plaques or markers or other type of designation erected or affixed
on the Property awarded by federal, state, or municipal government or a
civic association.
2.04
USE DURING
CONSTRUCTION.
An Owner and any other person or entity engaged in the
construction and sale of Residences on the Property shall have the right
during the construction and sales period, to construct and maintain, on
a temporary basis, such facilities as may be reasonably necessary or
convenient for such construction and sale, including, but not limited
to, signs and storage areas.
2.05
NEW
CONSTRUCTION.
Subject to the provisions of Article 2, Section 2.01 herein, all
new construction on the Property, whether new or as an addition to an
existing structure, shall comply with the following restrictions:
(a)
SIDE AND BACK
SETBACKS.
No part of a Residence shall be constructed any closer than three
(3) feet to each property line of the Property other than the front
property line defined in Subsection (b) of this Section 2.05 (see
Subsection (c) for the front setback), except that with respect to
corner lots, the setback for the property line that faces a street
(other than the front property line) shall be ten (10) feet.
For purposes of this Section 2.05, "part of a
Residence" shall mean any part of a Residence below the roof
overhang, except for fireplace chimneys, stairsteps, wheelchair ramps,
and bay windows. Roof
overhangs shall extend no farther than halfway into any side or back
setback area.
(b)
RESIDENCE TO
FACE A STREET.
Each Residence must be constructed so that its main entrance is
incorporated into the elevation of the Residence that faces a street
("the face elevation") and so that no other Residence or
significant structure is situated between the Residence and the street
that it faces. For purposes
of this Agreement, the property line between the face elevation of the
Residence and the street that it faces is the "front property
line," and the "main entrance" may consist of a porch or
stoop that is designed to be entered from the direction of the front
property line, even if the entry into the Residence from such porch or
stoop is not facing the front property line.
(c)
FRONT SETBACK.
No part of a Residence shall be constructed any closer than
fifteen (15) feet to the Property's front property line as defined in
Subsection (b) above.
(d)
HEIGHT
RESTRICTIONS.
No structure shall exceed the following height restrictions (from
ground elevation to the highest point of the structure), except that
such height restrictions may be exceeded to accommodate architectural
embellishments that do not constitute living area, such as chimneys,
steeples, and towers, and that are each of a circumference of no greater
than thirty-six (36) feet:
(i)
if the width of the Property (from side property line to side
property line) is fifty (50) feet or less, forty (40) feet in height;
(ii)
if the width of the Property is greater than 50 feet, 40 feet in
height plus an additional one (1) foot of height for every one (1) foot
of setback (from the nearest side property line) in addition to the
initial three (3) foot setback required in Subsection (a) above,
provided, however, that in no event shall the structure exceed fifty
(50) feet in height.
(e)
COMMON WALL
CONSTRUCTION PROHIBITED.
No Residence shall be constructed to share a common wall with
another Residence, nor shall any Residence be constructed so that any
exterior wall of such Residence is within six (6) feet of an exterior
wall of another Residence; provided, however, that this restriction
shall not prohibit the renting or leasing of space within a Residence
that is otherwise permitted by this Agreement, nor shall it prohibit the
construction of an apartment unit as part of a garage structure
appurtenant to a Residence on a single Property that otherwise meets the
density requirements of Section 2.06 hereof.
(f)
GARAGE SETBACK.
No garage shall be constructed closer to the front property line
of the Property than the midway point between the front property line
and the opposite property line (i.e.,
the rear property line), nor shall any garage be constructed so that it
is closer to the front property line than the face elevation of the
Residence to which it is appurtenant.
If the garage is part of the structure of the Residence, the
structure shall be constructed so that the garage door and frame
comprise no more than half of the width of the first floor of the
structure's face elevation as defined in Subsection (b) above.
(g)
RAISED
FOUNDATION REQUIRED.
Each Residence (but not including a garage or other structure
appurtenant to the main Residence) shall be constructed with a
pier-and-beam foundation or, if not pier-and-beam, a foundation that
otherwise raises the bottom floor of the Residence no less than two (2)
feet from ground elevation.
(h)
MINIMUM STREET
FRONTAGE.
Each Residence shall have a front property line of no less than
fifty (50) feet, except that if the length of the front property line of
the Property on which the Residence is located is less than fifty (50)
feet as of the date that this Agreement is executed with respect to such
Property, the minimum front property line shall be such lesser length.
(i)
RESTRICTIONS
ON MODIFICATIONS.
The provisions of this Section 2.05 shall not be effective to the
extent prohibited by Section 207.008 of the Texas Property Code.
2.06
DENSITY.
No Residence shall be constructed on the Property if the
consequence would be a density of greater than one (1) Residence for
every five thousand (5,000) square feet of area of the Property
("the minimum square footage"), except that if the square
footage of the Property is less than five thousand (5,000) square feet
as of the date that this Agreement is executed with respect to such
Property, the minimum square footage shall be such lesser square
footage. For this purpose,
"Residence" shall not include any garage apartment that is
appurtenant to a Residence on the same Property.
2.07
RUBBISH,
TRASH, AND GARBAGE.
No Property shall be used or maintained as a dumping ground for
rubbish or trash, and no garbage or other waste shall be kept except in
sanitary containers. All
incinerators or other equipment for the storage and disposal of such
materials shall be kept in a clean and sanitary condition.
ARTICLE THREE
GENERAL PROVISIONS
3.01
ENFORCEMENT.
Any Owner or Owners of a Property restricted herein, jointly or
severally, and/or The Houston Heights Association, a Texas nonprofit
corporation (the "Association"), its successors or assigns
shall have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, and
reservations now or
hereafter imposed by the provisions of this Agreement against any
Property reflected hereby. If
restrictions are enforced exclusively by The Houston Heights
Association, each Owner, by his execution hereof, shall be deemed to
have appointed the Association, its successors and assigns, as Agent and
Attorney-in-Fact of such owner, to act in the place, stead, and on
behalf of such Owner in the enforcement of any restrictive covenant
contained herein. Notwithstanding
the foregoing, the Association shall not be required or obligated to
bring any such claims or litigation or otherwise enforce the restrictive
covenants herein contained or be joined in any proceeding as a necessary
party. Failure to enforce any covenant or restriction herein
contained shall, in no event, be deemed a waiver of the right do so
thereafter.
3.02 SEVERABILITY.
Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, and
all other provisions shall remain in full force and effect.
3.03 NON-CONFORMING USE.
All Owners expressly agree and acknowledge that as to any
Property restricted hereby, any non-conforming use, legally and lawfully
in existence as of the effective date hereof, that does not comply with
the restrictions and covenants set forth herein, shall not be
enforceable against the Owner of such Property whose non-conformance
falls within the terms and provisions of this paragraph; provided,
however, that upon the voluntary discontinuation of a non-conforming use
or the abandonment or substantial destruction of the improvements
located on the Property whereupon such non-conforming use existed, then
in such event(s), these restrictions and covenants shall be of full
force and effect and enforceable against such Owner and Property
whereupon such non-conforming use existed, and such Owner shall be
prevented from re-establishing such non-conforming use after such
abandonment, voluntary discontinuation, or substantial destruction of
such improvements.
3.04
DURATION AND
AMENDMENT.
The covenants, conditions, and restrictions of this Agreement
shall run with and bind the land, and shall inure to the benefit of, and
be enforceable by, the Owner of any Property subject to this Agreement,
and his/her/its respective legal representatives, heirs, successors, and
assigns (or The Houston Heights Association, as provided in paragraph
3.01 herein), and unless amended or terminated as provided herein, shall
be effective for a term of twenty (20) years from the date this
Agreement is recorded, after which time said covenants, conditions, and
restrictions shall be automatically extended for successive periods of
ten (10) years. The
covenants, conditions, and restrictions of this Agreement may be amended
or terminated only as provided in Chapter 207 of the Texas Property
Code. No amendment or
termination shall be effective until recorded in the Real Property
Records of Harris County, Texas.
3.05
This instrument may be executed in multiple counterparts, all of
which shall be considered one and the same instrument.
3.06
This Agreement may be executed and filed of record in multiple
originals, all of which, in the aggregate, shall be considered one and
the same instrument for purposes of the enforcement or interpretation of
any provision hereof.
EXECUTED
by the undersigned Owners as of the dates of the respective
acknowledgements shown on the attached sheets, and effective for all
purposes of the dates of such respective acknowledgements as to that
portion of the Property owned by the undersigned persons, respectively.
EXHIBIT
A
We, the undersigned
property owners of Lots or portions thereof adjacent to
__________________________ Street in Block(s) __________ and ___________
of THE HOUSTON HEIGHTS, an addition to the City of Houston, according to
the Map or Plat thereof recorded in Volume 1A, Page 114, of the Map
Records of Harris County, Texas, wish to restrict the following
described property in accordance with the terms set forth in the
preceding document:
LOT
OWNERS:
LOTS OWNED AND STREET
ADDRESS:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
Lot______________________, Block
SIGNATURE
PRINTED
NAME:
Address:
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
This
instrument was acknowledged before me on the _____ day of
________________________, by
.
(SEAL)
Notary Public in and for the State of Texas
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
This instrument was
acknowledged before me on the _____ day of ________________________, by
.
(SEAL)
Notary Public in and for the State of Texas
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
This instrument was
acknowledged before me on the _____ day of ________________________, by
.
(SEAL)
Notary Public in and for the State of Texas
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
This
instrument was acknowledged before me on the _____ day of
________________________, by
.
(SEAL)
Notary Public in and for the State of Texas
STATE
OF TEXAS
§
§
COUNTY
OF HARRIS
§
This
instrument was acknowledged before me on the _____ day of
________________________, by
.
(SEAL)
Notary Public in and for the State of Texas
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