CYPRESSWOOD SUBDIVISION. SECTIONS SEVEN (7), EIGHT (8)

AND TWELVE (12) --

NOTICE OF APPROVAL OF VARIANCE BY

ARCHITECTURAL REVIEW COMMITTEE

 

STATE OF TEXAS                  *

                                                *

COUNTY FO HARRIS            *

WHEREAS, on the 10th day of July, 1978, FRIENDSWOOD DEVELOPMENT COMPANY, an Arizona Corporation, doing business in Harris County, Texas, executed and caused to be filed the "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CYPRESSWOOD, SECTIONS SEVEN AND EIGHT", (hereinafter sometimes referred to as the "Declaration"), being subdivisions in Harris County, Texas, according to the plats thereof recorded In Volume 253, Page 118 and Volume 270, Page 23, respectively, of the Map Records of Harris County, Texas; said Declaration being recorded in the Real Property Records of Harris County, Texasunder County Clerk's File No. F678311 and Microfilm Nos. 200-08-0082 through 20,0-08-0094; and

WHEREAS, on the 27th day of July, 1981, FRIENDSWOOD DEVELOPMENT COMPANY, an Arizona Corporation, doing business in Harris County, Texas, executed and caused to be filed the "ANNEXATION TO DECLARATION"annexingCypresswood Subdivision, Section Twelve (12) to Sections Seven (7) and Eight (8), all being under the jurisdiction and control of the Cypresswood Property Owners Association, Inc., aTexas Non-Profit Corporation, as well as its Architectural Review Committee (hereinafter sometimes referred to as the _."ARC"), according to the plat of said Cypresswood Subdivision, Section Twelve (12) recorded in Volume 296, Page 35 of the Map Records of Harris County, Texas; said "Annexation to Declaration" being recorded in the Real Property Records of Harris County, Texas under County Clerk's Microfilm No. 191-90-0248: and

 

WHEREAS, pursuant to Article V, Section 2 of the aforementioned Declaration, the Architectural Review Committee for CYPRESSWOOD SUBDIVISION.. SECTIONS SEVEN (7), EIGHT (8), NINE (9), ELEVEN (11) AND TWELVE (12) is authorized and empowered grant a variance or variances relative to deviations from any of the requirements of Article V of the Declaration, including, but not limited to, requirements concerning size andlocation of improvements, including fences. In this respect, Article V, Section 2, in pertinent part, provides as follows;

. . . .  The Architectural Review Committee or itsassignee, at its sole discretion, is hereby permitted to approve deviations in the general use restrictions set forth in Article V in instances where, in its judgment such deviations will result in amore common beneficial use and enhance the overall development planfor the Properties. Such approvals must be granted in writing and when given, will become a part of these restrictions.

WHEREAS, the third (.3rd) sentence of Article V Section 10 of the aforementioned Declaration currently provides as follows:

 

. . . .  Side fences shall not be located on any lot along Ella Boulevard nearer than the building line set back shown on the recorded plat for said Subdivision.

WHEREAS, the Architectural Review Committee for CYPRESSWOOD SUBDIVISION, SECTIONS SEVEN (7), EIGHT (8), NINE (9), ELEVEN (11)AND TWELVE (12), consisting of Teresa E, Mueller, Susan Gunnewig and Angus V. Mackay, have considered a proposed variance to Article V, Section 10 of the Declaration relative to all` Lots  bordering Ella Boulevard and have determined-that such variance is in harmony with existing structures, results in a more common beneficial use, enhances the overall development plan of the properties, and will not materially detract from the aesthetic appearance of the Subdivision andits improvements as awhole; and

NOW, THEREFORE, the variance as approved by the Architectural Review Committee relative to all Lots within CYPRESSWOOD SUBDIVISION, SECTIONSSEVEN (7), EIGHT (8) AND TWELVE (12)bordering Ella Boulevard as evidenced by the filing hereof in the Harris Country RealProperty Records, is as follows:

 

A variance is hereby granted to all lots within Cypresswood Subdivision, sections 7, 8 and 12 bordering Ella Boulevard, a list of which lots is attached hereto as Exhibit "A" and is incorporated herein by reference as if set forth in verbatim, which variance effectively invalidates the third (3rd) sentence of said Article V, Section 10. The third (3rd) sentence ofArticle V, Section 10 shall hereinafter not be enforced by the Cypresswood Property Owners Association, Inc. and/or its Architectural Review Committee. The right of the affected lot owners relative to fence installation, shallhereinafter be identical to that of alllot owners within Cypresswood Subdivision, Sections 7, 8, 9, 11 and 12 to do so.

This variance may be withdrawn or modified at any time by the Architectural. Review Committee of CYPRESSWOOD SUBDIVISION, SECTIONS SEVEN (7), EIGHT (8), NINE (9), ELEVEN (11) AND TWELVE .(12), however, such withdrawal or modification shall not serve to prejudice premises/improvements already constructed or built in accordance with the provisions hereof. Any such withdrawal,, hereof or modification hereto shall be by written instrument and shall be filed of record in the Real Property Records f Harris County, Texas.

 

SIGNED on this the - day of_____________________________ , 1988.

 

ARCHITECTURAL REVIEW COMMITTEE FOR CYPRESSWOOD SUBDIVISION, SECTIONS SEVEN (7), EIGHT (8), NINE (9), ELEVEN (11) AND TWELVE (12)

                                                                                     

Teresa E. Mueller, Chairperson

 

                                                                                     

Susan Gunnewig

 

                                                                                     

Angus J. Mackay

 

STATE OF TEXAS                  *

                                                *

COUNTY FO HARRIS            *

BEFORE ME, the undersigned authority, a Notary Public for the State of Texas, on this day personally appeared, __________ and ______________, Members of the Architectural Review Committee for CYPRESSWOODSUBDIVISION, SECTIONS SEVEN (7), EIGHT (8), NINE (9), ELEVEN (11) AND TWELVE (12), known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, as the act and deed of said Architectural Review Committee In the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of 1988.

 

                                                                                  _________________________

Notary Public, State o TEXAS

Printed name:

My commission expires:

APPROVED:

 

CYPRESSWOOD PROPERTY OWNERS ASSOCATION, INC.

 

 

By:               _____________________

Paul F. Mueller, President

 

 

ATTEST:  _____________

Step en R. Blount,

Vice-President/Secretary

 

CYPRESSWOOD SUBDIVISION, SECTIONS SEVEN (7), EIGHT (8) AND
TWELVE (12) - LIST OF LOTS BORDERING ELLA BOULEVARD

EXHIBIT "A", Page 1

EXHIBIT "A", Page 2