THIRD AMENDED AND RESTATED RESTRICTIONS FOR

CANEY CREEK HAVEN SUBDIVISION,

SECTIONS ONE (1), TWO (2), THREE (3) AND FOUR (4)

 

This Amended and Restated Restrictions for Caney Creek Haven, Sections One (1), Two (2), Three (3) and Four (4), dated as of the respective dates shown below; is executed by the undersigned owners of the Lots (hereafter defined) in Caney Creek Haven Section One (1), Section Two (2), Section Three (3) and Section Four (4) (hereafter defined, respectively), voting in favor of this Amendment herein described as follows, to wit:

 

WITNESSETH:

 

WHEREAS, on February 12, 1970, ANDREWS REALTY, INC., a Texas corporation, filed of record the Restrictions for Section One, under Volume 481, Page 636, of the Deed Records of Matagorda County, Texas (“Section One Restrictions”);

 

WHEREAS on February 29, 1972, CANEY CREEK HAVEN, a Partnership, filed of record the Amended Restrictions for Section One, under Volume 505, Page 759 of the Deed Records of Matagorda County, Texas (“Section One Amended Restrictions”). The Plat for Section One is recorded under File #268A-269B of the Plat Records of Matagorda County, Texas ("Section One" herein); 

 

WHEREAS, on June 5, 1972, CANEY CREEK HAVEN, a Partnership, filed of record the Restrictions for Section Two, under Volume 508, Page 233 of the Deed Records of Matagorda County, Texas (“Section Two Restrictions”). The Plat for Section Two is recorded under File #274B-276A of the Plat Records of Matagorda County, Texas ("Section Two" herein); and

 

WHEREAS, on July 10, 1973, CANEY CREEK HAVEN, a Partnership, filed of record the Restrictions for Section Three, under Volume 523, Page 464 of the Deed Records of Matagorda County, Texas (“Section Three Restrictions”). The Plat for Section Three is recorded under File #303B-305A of the Plat Records of Matagorda County, Texas ("Section Three" herein); and

 

WHEREAS, on August 7, 1995, CANEY CREEK HAVEN a Partnership, filed of record the Restrictions for Section Four, under Volume 416, Page 340 of the Deed Records of Matagorda County, Texas (“Section Four Restrictions”). The Plat for Section Four is recorded under File #347A and B of the Plat Records of Matagorda County, Texas ("Section Four" herein); and

 

WHEREAS, on April 4, 1997, Caney Creek Haven Club Civic Committee, Inc., filed of record the Amendment to Restrictions Caney Creek Haven, Sections One (1), Two (2), Three (3), and Four (4) under Clerk’s File No. 971883 and recorded in Volume 466, Page 349 of the Deed Records of Matagorda County, Texas (the Restrictions as amended are hereinafter referred to as the “Amended Restrictions”); 

 

WHEREAS, on July 29, 2005, Caney Creek Haven Club Civic Committee, Inc., filed of record the Second Amendment to Restrictions for Caney Creek Haven Subdivision, Sections One (1), Two (2), Three (3), and Four (4) under Clerk’s File No. 2005-55867 of the Deed Records of Matagorda County, Texas (the Restrictions as amended are hereinafter referred to as the “Second Amended Restrictions”); 

 

WHEREAS, for the purpose of placing most restrictions of record into a single updated document, this Third Amended and Restated Restrictions shall entirely replace and supersede all previously filed Restrictions and amendments thereto, with the sole exception of that certain 1997 Amended Restriction concerning the future development and annexation of property, recorded in Volume 466, Page 349 of the Deed Records of Matagorda County, Texas, which shall remain in full force and effect;

 

WHEREAS,  “CANEY CREEK HAVEN CLUB CIVIC COMMITTEE, INC., A TEXAS NON-PROFIT CORPORATION”, herein also referred to as the “Civic Committee” shall be and is the sole and only civic club/civic committee for Caney Creek Haven regardless of previous references  in and set forth in the Section One Restrictions, Section Two Restrictions, Section Three Restrictions, or Section Four Restrictions as the “Caney Creek Haven Club Civic Committee”; the “Caney Creek Haven Club”, the “Cany (sic) Creek Haven Club Civic Committee”; the “Civic Committee for Live Oak Bend (sic) Section One Subdivision”, the “Civic Committee for Caney Creek Haven Section One Subdivision”, the “Caney Creek Haven Civic Club Committee”, the “Civic Committee for Caney Creek Haven Section Two Subdivision”, the “Civic Committee for Caney Creek Haven Section Three Subdivision”, and/or the “Civic Committee for Caney Creek Haven Section Four Subdivision.”; 

 

WHEREAS, the Members of the Civic Committee at a properly called meeting with an affirmative vote of at least 67% of all the members have voted and approved the changes to the restrictive covenants contained herein; and

 

NOW, THEREFORE, Caney Creek Haven Club Civic Committee, Inc., hereby adopts, establishes and imposes upon the Property, the following Restrictions for the purposes of enhancing and protecting the value, desirability and attractiveness of the Property, which Restrictions shall run with the land and inure to the benefit of each Tract Owner and his invitees:

 

Know all men by these presents, that Caney Creek Haven, a subdivision in Sargent, TX, consists of:

 

Section No. One (1), Lots One (1) through One Hundred Seventeen (117), Reserve A, and the boat ramp lot, of Caney Creek Haven, a subdivision of 36.00 acres of land out of the Hinton Curtis League, Abstract 23, and the Margaret Wightman One-Quarter League A-102, Matagorda County, Texas, as set out on that map or plat of the same recorded in Volume 6, Page 3 of the Plat Records of Matagorda County, Texas; 

Section No. Two (2), Lots One (1) through Eighty-one (81) of Caney Creek Haven, a subdivision of 22.48 acres of land out of the Margaret Wightman One-Quarter League A-102, Matagorda County, Texas, as set out on that map or plat of the same recorded in the Plat Records of Matagorda County, Texas. 

Section No. Three (3), Lots One (1) through Twenty Two (22) and the Reserve of Block 1, Lots One (1) through Twenty Four (24) of Block 2, and Lots One (1) through Twenty Three (23) of Block 3 of Caney Creek Haven a subdivision of 31.81 acres of land out of the Margaret Wightman One-Quarter League A-102, Matagorda County, Texas, as set out on that map or plat of the same recorded in the Plat Records of Matagorda County, Texas; and

Section No. Four (4), Lots One (1) through Fifty-six (56) of Block 1, Lots 1 (1) through One Hundred Ten (110) of Block 2, and the Reserve of Caney Creek Haven a subdivision of 34.92 acres of land out of the Margaret Wightman One-Quarter League, Abstract 102, Matagorda County, Texas, as set out on the map or plat of the same recorded in the Plat Records of Matagorda County, Texas. 

 

All sections and lots of said subdivision are subject to the following declarations as to limitations, restrictions, and uses to which lots in Caney Creek Haven may be put, hereby specifying that said declarations shall constitute covenants running with said lots, as provided by law, and shall be binding on it and all parties and persons claiming under it, and for the benefit of and limitations upon all future owners in said subdivision, this declaration of restrictions being designed for the purpose of keeping said subdivision desirable, uniform and suitable, and safeguarded; and if the owner, its successors and assigns, should violate or attempt to violate any of the covenants in this instrument contained, it shall be lawful for any other person or persons owning any lot or lots in said subdivision to take whatever court proceedings may be appropriate under the circumstances then existing to compel the full and complete observance of each and all of such limitations, restrictions, and covenants, and the failure of any period of time to institute court proceedings shall not be held to waive such limitations, restrictions and covenants, or any of them, or the right to enforce them.

        It is expressly stipulated and made plain that in the event any limitations, restrictions or covenants herein contained, or any portion thereof, are invalid or void, such invalidity or voidness shall in no way affect any other covenant, limitation, or restriction. 

        

EXCEPT for any Reserves not already made subject to these Amended Restrictions by separate deed, and the boat ramp shown on the Plat of Section 1, all lots are designated as residential lots and shall be used for residential purposes only and the limitations, restrictions and covenants for such residential lots are as follows:

 

 

 

 

SECTION A. BUILDING RESTRICTIONS AND COVENANTS

1.     No building shall be erected, altered, or placed on any lot other than a one-family dwelling, together with such outbuildings or other roofed or walled structures as are necessary to the comfort, pleasure and convenience of the dwelling house, provided that such outbuildings shall correspond in style and outside finish material with the dwelling house. The owner of a one-family dwelling may also erect outbuildings or other roofed or walled structures on off-water lots provided the off-water lot is directly across from the primary residence or in close proximity to the primary residence subject to approval by the Board of Directors of the Caney Creek Haven Civic Club Committee.

2.            The building erected or placed on the lot as the one-family dwelling house shall contain not less than six hundred (600) square feet of interior floor space living area; and if any one-family dwelling house is of "high raised" construction, the area on the ground level, even though enclosed, shall not be considered as constituting "interior floor space living area,” to comply with the 600 square feet limitation herein specified.

3.            The exterior of any one-family dwelling shall be of an accepted wood, brick, stone, tile, or masonry material. No tin, sheet iron, metal, felt, or paper, shall be used as exterior siding. Outbuildings erected on off-water lots as described in Section A. Number 1. of these restrictions shall be of an accepted wood, brick, stone, tile, masonry material or metal siding. Roofs of one-family dwellings and associated outbuildings may be constructed of composition, metal, tile, or masonry material. No tin, iron or corrugated fiberglass shall be used on any roof of any building erected or placed on any lot. All exterior construction shall be installed in a good, workmanlike and aesthetic manner, utilizing high quality materials, and shall be completed within twelve (12) months after commencement of construction. Further, the exterior of any dwelling or building erected or placed on a lot shall follow the guidelines of FEMA and County ordinances and adhere to all building codes, including but not limited to windstorm resistance construction as specified by the Texas Department of Insurance. Should any regulatory body's requirements be more stringent than the requirements of the other regulatory bodies (e.g., FEMA, County or Texas Department of Insurance), then the strictest requirements shall govern. After installation, the exterior of a dwelling or building shall be maintained at all times in an attractive manner.

4.            The exterior of any one-family dwelling erected on the lot must be enclosed within a period of six (6) months and completed within a period of twelve (12) months from the time of the commencement of such construction. The exterior of any associated outbuilding must be enclosed within a period of six (6) months. No structure of a temporary character, trailer, trailer house, tent, shack, garage, barn, or other outbuilding shall be used, maintained or kept on said lot at any time as a permanent residence except during the construction of a dwelling or for the purpose of storage of tools and equipment used in connection with the construction of the dwelling and not to exceed a period of twelve (12) months.

5.            No building or other above-ground structure shall be erected or placed on a lot closer than twenty (20) feet to the road property line, nor closer than three (3) feet from the property lines on any side of the lot, and except for piers, docks, and boat houses, no structure shall be erected or placed on a lot closer than twenty (20) feet to the normal bank of Caney Creek. Steps leading to a residence are not included within this distance limitation.

6.            No traffic-driven business, occupation, or trade of any kind, type or character shall or will at any time hereafter be conducted from the residence or structure on the lot.  This would include, but is not limited to, such businesses as beauty salons, day care facilities, restaurant services, marine or auto repair, boat or vehicle storage, or any other business that disrupts the comfort, pleasure, and convenience of other property owners in Caney Creek Haven.

7.            Each private driveway shall have a drainage structure thereunder and parallel to the roadway which provides an opening of sufficient size and depth to permit the free flow of water to the end that same will not permit the impounding of water on and retarding of natural flow of water from other lots in said subdivision.

8.            No outside toilet or privy shall be maintained in the subdivision except during construction of a one-family dwelling and for no longer than twelve (12) months from the commencement of construction. A septic disposal system will be permitted, provided that it shall conform with the minimum requirements of the Health Department for Matagorda County, Texas and the State of Texas. No part of any lot shall be used for the dumping of rubbish, trash, other waste, or abandoned vehicles, personal watercraft, and/or boats. 

9.            All piers, docks, bulkheads, boat houses, and other structures erected adjacent to any lot shall comply with all rules and regulations of the Federal, State, or other regulatory authority having jurisdiction over Caney Creek.

10.         All structures thereon shall at all times be kept in a neat, trim, and clean condition and the buildings painted, when necessary, in order to preserve the attractiveness thereof.

11.         No cows, horses, sheep, goats, hogs, chickens, ducks, rabbits, or any other animals or fowl or poultry, except household pets, shall be kept or permitted on any residential lot in said tract, but in no event shall any person keep household pets for commercial purposes. 

 

SECTION B. OTHER RESTRICTIONS AND COVENANTS

1.          The owner and/or occupant of each lot shall keep the same mowed and not permit the growth of weeds, tall grass, and unkept vegetation which are unsightly, and keep the premises clear of all rubbish, debris, discarded material, and abandoned vehicles, personal watercraft, and/or boats to the end of not constituting or creating an annoyance or nuisance to the owner(s) of other lots.

2.          No sign of any kind shall be displayed to the public view on any lot, except one sign of not more than five (5) square feet advertising the property for sale, or signs used by a builder or other contractor to advertise the property during the construction, renovation and/or sales period.  Exceptions will be allowed for political signage in accordance with applicable state or local laws and regulations.

3.          A maximum fee of $175.00 per year shall be assessed against each lot in said subdivision except the boat ramp lot. This fee is for the maintenance of streetlights, boat ramp, security cameras, drainage, and other expenditures as determined by the Caney Creek Haven Club Civic Committee as it may deem necessary for the benefit of all lots. This assessment shall constitute a lien on each lot, and it shall be due and payable on or before December 3lst of each year. An owner of more than one lot in said subdivision shall not be required to pay an assessment fee on more than one lot until such time as the additional lot or lots are sold or structurally improved as detailed in the By-Laws for Caney Creek Haven. The assessment fees shall be paid to Caney Creek Haven Club Civic Committee, P.O. Box 4292, Sargent, TX 77404, or such other address that the Caney Creek Haven Club Civic Committee shall adopt. If the annual assessment is not paid within thirty (30) days after the due date, the assessment shall be considered delinquent and shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum.

4.          Said assessment or maintenance charge is secured by the vendor's lien which is hereby expressly created and retained upon each and every lot as above provided. The lien for the assessment and maintenance charge shall be second, subordinate and inferior to the lien of said bona fide mortgagee. Caney Creek Haven Club Civic Committee shall be the custodian and administrator of the assessment and maintenance fund, and the vendor's lien is hereby transferred and assigned to said Civic Committee, who shall have authority to adjust the maintenance charge from year to year as it may deem proper, but in no event shall such charge exceed the maximum herein stated without the consent of sixty-seven (67)  percent of the owners of lots in said subdivision.

5.          The Caney Creek Haven Club Civic Committee shall be elected annually by the majority of lot owners in said subdivision in accordance with the current          By-Laws of the Caney Creek Haven Club Civic Committee. Each lot owner shall be entitled to one vote for each lot that he or she owns. 

6.          The foregoing restrictions, covenants and conditions shall be binding upon and inure to the benefit of each owner, their successors, heirs, and assigns, and all persons claiming by, through or under them, and shall be effective when filed with the Matagorda County Clerk, Matagorda County Texas and expire on May 1, 2034 and shall then be extended automatically thereafter for successive periods of ten years each unless an instrument signed by sixty-seven (67) percent or more of the then owners of said lots has been recorded with the County Clerk of Matagorda County, Texas, agreeing to revoke or to change such restrictions and covenants in whole or in part.

7.          Enforcement of these restrictions and covenants shall not operate to invalidate any mortgage, deed of trust, or other lien held against said property or any part thereof, and such liens may be enforced against any and all property covered thereby, subject, nevertheless, to these restrictions and covenants.

8.          The Caney Creek Haven Club Civic Committee reserves to itself, its successors and assigns, an easement or right-of-way over a strip of land along the side, front and rear boundary lines of all lots and Reserve areas and the boat ramp lot in Caney Creek Haven for the purpose of installation or maintenance of public utilities, including but not limited to gas, water, electricity, telephone, drainage and sewerage and any appurtenance to the supply lines therefore, including the right to remove and/or trim trees, shrubs or plants. This reservation is for the purpose of providing for the practical installation of such utilities as and when any public or private authority or utilities company may desire to serve said lots with no obligation to the Caney Creek Haven Club Civic Committee to supply such services.

 

SECTION C. FINES AND ENFORCEMENT

 

1. In accordance with Texas Property Code §209.006, the Civic Committee shall have the authority to levy reasonable fines against any Owner for a violation of these Restrictions, the Bylaws, or any governing document of the Civic Committee. Prior to the imposition of any fine, the Civic Committee shall provide the Owner with written notice and an opportunity to be heard before the Board or an appropriate committee, as required by law. Each day a violation continues after the Owner receives notice shall constitute a separate violation subject to additional fines. Any fines levied shall be the personal obligation of the Owner and shall be secured by the lien provided in these Restrictions for assessments, and may be enforced in the same manner as assessments.

 

2. In addition to the ability to fine as listed above, in the event a Lot Owner fails to remedy any violation of these Restrictions after the number of days given in the written notice to allow for a remedy, the Civic Committee, or its authorized representatives, may take any one or more of the following actions:

 

(a)        Enter upon the Lot Owner’s property and remove the violating condition, or cure the violation, at the expense of the Lot Owner, and the violating Lot Owner shall pay on demand all costs and expenses, including reasonable attorney’s fees, incurred by the Association in removing such violating condition;

 

(b)        File suit in order to enforce the above remedies and/or pursue any other remedy which may be available at law or in equity;

 

(c)         Suspend an Owner’s right to use the Common Area; and/or

 

(d)          Take any action allowed by the Texas Property Code. 

 

2. All buildings, improvements, and other structures located on any Lot as of the effective date of these Amended and Restated Restrictions shall be deemed to have received all required approvals under these Restrictions, and shall be considered in compliance with these Restrictions.

 

 

CERTIFICATION

 

These Amended and Restated Declarations were duly approved by the requisite vote of the Members of Caney Creek Haven Club Civic Committee, Inc. in accordance with the governing documents and applicable law, and shall be effective upon filing in the Official Public Records of Matagorda County, Texas.

 

EXECUTED this _____ day of __________________ 2025.

 

CANEY CREEK HAVEN CLUB CIVIC COMMITTEE, INC.

 

By:                                                     

Printed Name:                                      

Title: President of Caney Creek Haven Club Civic Committee, Inc.

 

ATTEST:

 

 

 

By:                                                    

Printed Name:                                     

Title: Secretary of Caney Creek Haven 

Club Civic Committee, Inc.

 

STATE OF TEXAS                       §

                                                §

COUNTY OF _____________      §

 

CERTIFICATE OF ACKNOWLEDGEMENT

 

This instrument was acknowledged before me on the ___ day of __________, 2025, by _______________________, President of Caney Creek Haven Club Civic Committee, Inc., a Texas nonprofit corporation, on behalf of said corporation.

 

 

 

                                                                                                                

                                       NOTARY PUBLIC, State of Texas