STATE OF TEXAS
COUNTY OF POLK
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, the undersigned, being sole Owners of the lands
and premises described as follows:
TWIN HARBORS, "on Lake Livingston" Subdivision,
a subdivision of 211.434 acres out of the Ester Clark
Survey, H-160, the George Qualls Survey, A-847, the
L. D. Hooks Survey A-878, the L. T. Sloan Survey,
A-1090 and the John Burgess Survey, A-7, Polk County,
Texas, and being more particularly described by a
map or plat thereof recorded in Volume 7, page 10
of the Plat Records of Polk County, Texas,
have established and by these presents do establish
the following restrictions, on the improvement, use
and sale of said property, which shall apply equally
to all the lots in said subdivision as herein stated,
and area for the mutual protection and benefit of
all future owners in said subdivision to be considered
as covenants running with the land and binding upon
all future owners and enforceable by any one of the
land owners in said subdivision until July 1st, 2027
A.D., whereupon such restrictions shall terminate
and cease, unless extended as hereinafter provided,
to-wit:
RESERVATIONS
1. There shall be reserved the utility easements and
drainage easements as shown on said plat of said subdivision
an easement over all streets for the purpose of installing,
using, and repairing and maintaining public utilities,
water, sewer lines, electric lighting and telephone
poles, pipe lines and drainage ditches or structures
and/or any equipment necessary for the performance of
any public or quasipublic service and function, and
for all other purposes incident to the development and
use of said property as a community unit, with the right
of access thereto for the purpose of further construction,
maintenance and repairs. Such right of access to include
the right, without liability on the part of any one
or all of the owners or operators of such utilities,
to remove any or all obstructions on said easement right-of-way,
caused by trees, brush, fences, shrubs, or other obstructions
which in their opinion may cause interference with the
installation or operation of their facilities. Such
easements shall be for the general benefit of the Subdivision
and the property owners thereof, and are hereby reserved
and created in favor of any and all utility companies
entering into and upon said property for the purposes
aforesaid, subject to the limitations as to water service
hereinafter set forth. There is also reserved for use
of all public utility companies an unobstructed aerial
easement ten (10') feet wide from a plane fifteen (15')
feet above the ground upward, located adjacent to the
said easements reserved hereby; and all easements shown
on the plat for electric facilities.
2. Owners reserve unto themselves, their heirs,
administrators, and assigns, the exclusive right at
all times to use any and all areas reserved or dedicated
as a public utility easement or street, for the purpose
of laying, placing or constructing, installing, maintaining
or repairing of all kinds and types of water lines,
waste water disposal lines, mains or pipes as well
as other equipment necessary or incidental to the
operation and maintenance of water service and/or
supply system, and its appurtenances, to service,
furnish or supply this subdivision with water and
waste disposal.
3. There is reserved unto Owners, their heirs, administrators
and assigns, and unto the owners of residential tracts
and mobile home sites in said subdivision all areas
designated as "Community Center" and "Boat Ramp" on
the plat of said subdivision and/or on all preceding
or future plats of sections of this subdivision as
community ownership for swimming, tennis and other
community type activities. The swimming pool, tennis
court and boat ramp areas shall be under the supervision
of the Architectural Committee of the hereinafter
constituted Property Owners Association, which said
Committee for purposes of beautification and conformity
shall approve any structures or improvements in the
same manner as provided for residential tracts. The
Architectural Committee shall be entitled to sue all
necessary and reasonable means in avoiding the use
of said property, residential, commercial, or recreational
areas by the public at large, and thereby restrict
the use thereof and in the furtherance thereof such
use shall remain subject to supervision of the Architectural
Committee herein. Reserves constituting the Community
Center and Boat Ramp areas and as reflected by the
aforesaid plat, shall be for the sole and exclusive
use of lot owners in this subdivision.
RESTRICTIONS
For the purpose of setting forth a substantially
uniform plan of development, Owners of the said Section
One TWIN HARBORS, "on Lake Livingston" Subdivision,
do hereby covenant and provide that they, their heirs,
administrators, and assigns, and all parties holding
title by, through and under them, shall hold such
land subject to the following restrictions running
with the land which shall be observed by themselves,
their heirs, administrators, and assigns, and shall
run in favor of and be enforceable by any person who
shall hereafter own any of said tracts of land above
described, Save and Except the Community Center, Boat
Ramp and Reserve areas which shall not be in any manner
restricted hereby unless specifically referred to.
1. These covenants are to run with the land and
shall be binding upon all parties and all persons
claiming under them until July 1st, 2027,
A.C., at which time said covenants shall be automatically
extended for successive periods of ten (10) years,
unless an instrument signed by a majority of the then
owners of the tract has been recorded, agreeing to
change said covenants in whole or in part.
2. If the parties hereto, or any of the, or their
heirs, successors, or assigns, shall violate or attempt
to violate any of the covenants herein, it shall be
lawful for the undersigned Owners, their heirs, administrators,
or assigns, to enter and abate such violation without
liability, or they, their heirs, administrators, or
assigns, and any other persons owning any real property
situated in said subdivision the person or persons
violating or attempting to violate such restrictions
and either to prevent him or them from doing, or to
cause to be removed such violation, or to recover
damages for such violation.
3. The violation of any restriction or covenant
herein shall not operate to invalidate any mortgage,
deed of trust, of other lien acquired and held on
good faith against said property or any part thereof,
but such liens may be enforced against any and all
property covered thereby, subject nevertheless to
the restrictions herein.
4. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any residential tract,
except dogs, cats, or other household pets may be
kept provided they are not kept, bred, or maintained
for any commercial purposes.
5. No fence, wall, hedge or detached improvement
shall be erected, grown or maintained on any part
of any tract forward of in front building line, except
lakefront tracts.
6. No boats or trailers may be parked in front of
the front building line of any tract.
7. No garage, carport or storage building shall
be erected or mobile home placed on said property
that has not been approved by the Architectural Committee
composed of C. L. Conner, C. G. Conner and Robert
B. Higgs. No mobile home shall be placed nearer than
20 feet of front roadway, and all outbuildings must
not be less than 40 feet from side roadway and shall
not be nearer than 5 feet from the side lines of said
property. All building exteriors must be completed
within four months after foundations are poured. Buildings
must be constructed of first class materials. No mobile
home shall be less than 12 feet wide by 40 feet long.
8. All mobile homes will have skirts on all sides
of home. All skirting shall be completed within 30
days from date of installation of the mobile home.
No rubbish, brush, junk or old cars, or anything that
shall be stored, or left standing on any tract that
would offend anyone with normal sensitivity.
9. All mobile homes not of new construction must
be inspected by a representative of the Architectural
Committee prior to installation. The cost of inspection
will be borne by the Purchaser.
10. The Architectural Committee shall have the same
authority over the Community Center area and no structure
or improvement shall be placed thereon except as a
community project and upon approval of the Committee.
11. No outside privies or toilets shall be permitted
in this subdivision. All toilets shall be inside the
mobile homes and prior to the occupancy of the same
shall be connected to a central disposal system if
there is one in existence at such time to serve the
subdivision, but if no central sewage disposal system
is in existence at such time, then all toilets shall
be connected to a septic tank at the expense of the
person building on the building tract, and such septic
tank shall have a field line and shall be constructed
and maintained in accordance with the requirements
of the State Health Department, and shall be subject
to the inspection and approval of such authority,
provided; however, that whenever a central sewage
treatment plant and disposal system shall be established
to serve this subdivision, whether publicly owned
or privately owned or operated, then all of the tract
owners and/or occupants to whom such sewage disposal
service is available shall connect their premises
thereto for sewage disposal, paying the established
rates and all connection fees or charges therefore
at their expenses, and from and after the time such
sewage disposal service becomes available to any lot,
no septic tank whether therefore or thereafter built
or installed, shall be used in connection with any
tract. The drainage of sewage into a road, street,
alley, ditch or any waterway either directly or indirectly
is prohibited. This shall not apply to the discharge
of effluent from a sewage treatment plant serving
this subdivision.
12. No tract other than the areas marked "Community
Center" and "Reserve" shown on the plat of said subdivision
filed for record, shall be used except for the residential
purposes. The term "residential purposes" as used
herein shall be held and construed to exclude hospitals,
clinics, duplex houses, apartment houses, boarding
houses, hotels and all other commercial uses and all
such uses of said property are hereby expressly prohibited.
13. If the parties hereto, or any one of the future
owners of this subdivision, their heirs or assigns,
shall violate or attempt to violate any of the covenants
or restrictions herein contained, then any owner in
the subdivision shall have the right to prosecute
any proceeding, at law or in equity, against any person
violating or attempting to violate any of the covenants
or restrictions, and either prevent such person or
persons from doing so by prohibitive or mandatory
injunction and to recover damages for such violation.
It is further stipulated that the invalidation of
any one or more of these covenants restrictions or
conditions by any judgement or court order shall in
nowise affect or invalidate any of the other provisions
shall remain in full force and effect.
14. No sign of any kind shall be displayed to the
public view except signs used by the developers in
the original sale of lots in said subdivision or signs
used by builders to advertise the property during
the construction and sales period.
15. All lot purchasers, excluding developer, shall
pay to and become liable to the Property Owners Association
for the sum of $60 per year per lot purchased, for
the purpose of created the Twin Harbors, "on Lake
Livingston" Maintenance Fund. The aforementioned payment,
(hereinafter called "Maintenance Fund") shall be due
and payable to the Maintenance Fund in installments
of $5.00 per month beginning the month after the lot
purchaser executes the Contract for Deed, or in the
event no Contract for Deed is executed, delivery of
the General Warranty Deed. The Maintenance Fee shall
constitute a "Lien" upon each lot, and the Property
Owners Association shall be and is hereby authorized
to institute any legal proceeding necessary for the
enforcement and collection thereof, including but
not limited to filing suit and foreclosure. The fund
created hereby shall be used for the purpose of providing
street signs and Maintenance of streets, recreational
facilities and all common areas designated as such
on the aforementioned plat, security guards and other
things necessary or desirable in the opinion of the
Architectural Control Committee to keep the property
neat and in good order and which it considers of general
benefit to the owners or occupants of the subdivision,
it being understood that the judgement of said Committee
in expenditure of said funds shall be final so long
as same is exercised in good faith. All conveyance
of lots shall be subject to the Maintenance Fee and
by acceptance of the deed or contract for deed, each
purchaser consents and acknowledges that developer
shall have no obligation to furnish maintenance or
do any other thing described in this paragraph other
than from maintenance funds. The Maintenance Fee may
be adjusted from year to year by said Committee as
the needs of the property may in its judgment require,
but in event shall such charge be raised above $10.00
per month unless agreed to by a majority of the lot
owners.
16. Each lot owner agrees to keep his lot(s) mowed
and free of rubbish at all times. Should a lot owner,
after five (5) days written notice from the Property
Owner's Association fail to mow and clean his lot,
the Property Owner's Association shall cause the Lot(s)
to be mowed and/or cleaned and assess the cost therefore
to the lot Owner's Association shall authorize the
Association to pursue the same remedies as set forth
in paragraph 12 hereinabove for failure to pay the
Maintenance Fee.
17. Lot owners shall be permitted to utilize campers,
motor homes and similar facilities for the purpose
of enjoyment of their lots on a temporary basis, i.
e. week-ends or over-night camping only provided however,
that no such facility shall be left unattended for
more than twenty-four hours. At the expiration of
such temporary period, all facilities shall be removed
from the lot. Nothing contained herein shall be construed
to authorize such facility as permanent residence.
Invalidity of any one or more of these restrictions
or covenants by court order shall in no way affect
any of the other provisions which shall remain in
full force and effect.
Executed at Houston, Texas, on this the 26th
day of October, 1976.
Don E. Warfield, Co-Trustee
C. L. Conner, Trustee,
C. L. Conner, Co-Trustee
