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Common Easements

WHEREAS, heretofore, Declarations of Covenants and Restrictions for WOODLAKE FOREST  IV,  SECTIONS "A",  "B"  and "C",  residential subdivisions of Houston,  Harris  County,  Taxes,  were  recorded  under  County  Clerk's  File  Numbers 0838442, El89316 and 0990042  and Film Code Numbers 159-25-0606,  105-18-1929 and 185-99-1558; and

WHEREAS, Amendments to the Declarations  of Covenants and Restrictions  for WOODLAKE FOREST IV, SECTIONS "A" and "B" were recorded under File Number F342487 end Film Code Number 178-10-0509 of the Official Records of Real Property of Harris County, Texas; and

WHEREAS,  WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC., the owner of WOODLAKE FOREST IV,  SECTIONS "A'",  "B" and "C", have merged said sections; and

WHEREAS, WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC. now owns all of the common property in WOODLAKE FOREST IV,  SECTIONS "A", "B" and "C"; and

WHEREAS, WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC. has deemed the hereinafter described easement to be beneficial for the preservation  of the property values within WOODLAKE FOREST IV,  SECTIONS "A", "B" and "C".

NOW TIIEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the  foregoing premises,  WOODLAKE  FOREST  IV HOMEOWNERS ASSOCIATION, INC., Grantor, does hereby GRANT, SELL and CONVEY a separate and distinct easement over and across the common properties as defined in the Declarations of Covenants and Restrictions of WOODLAKE FOREST IV, SECTIONS "A", "B" and "C", for the  construction  and maintenance of patios,  decks  and  landscaping to  each of the property  owners of the  following described  lots, their  respective heirs,  successors  and assigns, to-wit:

WOODLAKE FOREST IV, SECTION "A":  all of the lots  in Tracts 1, 12, 13, 14, 15, 16, 17, 18 and 19;

WOODLAKE FOREST IV,  SECTION "B": all of the lots  in Tracts 9, 10 and 11; and

WOODLAKE FOREST IV, SECTION "C":  all of the lots in Tracts 1, 2, 5, 6 and 8.

The easement  shall be measured to extend no more than fifteen  (15')  feet from the rear property  line of each of the above described tracts within WOODLAKE FOREST  IV, sections  "A",  "B" and "C",  and shall  be no greater  in width that the width of each of the above  described   tracts.  The  easement   shall  be  subject  and  subordinate  to  all  prior easements  for roadways, drainage, water, gas, sewer, storm  sewer, electric  light, electric power,  telephone  or  any  Jines,  pipes,  poles  or conduits on  or in  any  unit  facility  or appurtenance  thereto.

No patio, decks or landscaping shall be constructed or planted upon or within this easement without prior written approval of the Architectural Review Committee as stipulated in the Declarations and Covenants and Restrictions of WOODLAKE FOREST IV, SECTIONS "A", "B" and "C", and any Amendments or Supplements thereto.

It is the responsibility of each owner of a lot in the above described tracts who so constructs any patio or deck to maintain same and should it be deemed in disrepair WOODLAKE FOREST IV HOMEOWNERS Association, INC. shall give notice to such owner and if within  thirty  (30) days after such notice such improvements have not been reconstructed and/or repaired to conform with the requirements specified by WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC., then WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC. shall have the right to demolish and remove any such improvement existing thereon.

TO HAVE AND TO HOLD the said easement unto the said Grantee, their heirs, successors and assigns, as the same shall be useful for the purposes expressed herein and desired by the said Grantees, their heirs, successors and assigns.

EXECUTED on this 18th day of October,  1982.

 

"BOARD  OF TRUSTEES"

WOODLAKE FOREST IV HOMEOWNERS ASSOCIATION, INC.

 

Statement regarding easements behind the odd numbered houses (9501 – 9619) on the south side of Bayou Brook:

 

All of the odd numbered houses (9501-9619) on the south side of Bayou Brook in the Woodlake Forest IV (“WLF IV” or “Association”) subdivision have been granted 15 foot easements on WLF IV-owned common area to allow the homeowners to build decks on the Association’s common area immediately behind their houses.  See, e.g. H676933 029-083-0342 Harris County records dated October 18, 1982.  The easements granted require the homeowner grantee to maintain the easement.  Id.  

 

Furthermore, the easements granted are subordinate and subject to all prior easements, including but not limited to the City of Houston’s greenway easement recorded on all WLF IV plats.  Id. This easement runs 15 feet on either side of the meander line of the ditch running behind these houses and prohibits any activity on it except removal of dead trees that pose a hazard to neighboring homes.

 

Although the Declarations of Covenants and Restrictions (“DCRs”) that contractually bind all WLF IV property owners require the Association to maintain all Common Properties (Art XI, Sec. 2), this one section cannot be read in a vacuum.  All parts of the DCRs must be read in harmony giving due weight to each section.  The DCRs also require that Association funds may only be spent for the benefit of ALL residents. Art.VI, Sec.1 (emphasis added).

 

Years ago there was a walking path along the ditch.  In the intervening years and numerous floods in the ditch, that path has become too steep, dangerous and isolated to maintain. Therefore, residents are no longer welcome in the ravine area and it is not open to the public.

 

For the reasons stated above, the Association cannot expend maintenance or assessment fees on the areas behind the odd numbered houses on the south side of Bayou Brook in WLF IV.  The responsibility for shoring up the houses and decks behind Bayou Brook belongs to the homeowner.

 

Barbara Stanley, President

February 12, 2019