BUILDING AND USE RESTRICTIONS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF FORT BEND
That, THE UNDERSIGNED, Bob White West, a Joint Venture, being the Owner of the property described as Quail Park, an Addition to the City of Missouri City, Texas, according to the Map thereof, recorded in Volume 21, Page 3 of the Records of Ft. Bend County, Texas, does hereby restrict said property as hereinafter set out, which restrictions shall be binding upon the owner or any purchasers of said lots, their heirs, administrators, or assigns, and said restrictions shall be covenants running with the land, to-witt:
1. There shall not be erected on any one lot designated on said plot, except as may be hereinafter provided, more than one dwelling unit, together with one garage, not to exceed two stories in height, and servant’s quarters for the use of bonafide servants.
2. No dwelling, garage or servant’s quarters, shall be erected in Quail Park of any materials except stucco, brick, stone, brick veneer, or stone-veneer, and the above named material shall constitute not less than fifty-one percent (51%) of the outside walls of the dwelling unless approval is obtained from the Architectural Committee to a different percentage of masonry on a specific set of plans.
3. Each garage and servant’s quarters shall be attached, unless otherwise specifically agreed to in writing by the party having the discretion to approve plans under Restriction No. 7 below.
4. Each dwelling, exclusive of porches and garages, shall contain a minimum of 1400 square feet of covered floor area.
5. No structure of any type shall be erected on any lot in Quail Park nearer to the front property line than indicated on the recorded plot of Quail Park, and no structure of any type shall be erected closer to the side lot line than is permitted by the ordinances of the City of Missouri City governing such matters at the time of such erection of such structure.
6. No temporary structure of any type shall be erected in Quail Park for use as a dwelling or residence, and any temporary sales or construction offices maintained by owner shall be removed within thirty days after written request to remove is delivered to the record owner of the lot by the Architectural Committee.
7. All building plans and plot plans for new structures or fences or for additions or major improvements to existing structures or fences shall be approved in writing by the following: an Architectural Committee to be designated by the buildings in said subdivision electing two of their group to serve with Louis Dorfman and Chuck Hess; it is understood that the approval of said parties or such Architectural Control Committee is entirely discretionary and will be withheld if such plans in any respect mar the architectural or aesthetic symmetry of Quail Park. A majority vote of said committee shall be deemed approval.
If the record owner of said lot has not received an answer within twenty days of receipt by said committee of said plans, the committee shall be conclusively presumed to have approved said plans. The Architectural Committee shall in no event be liable in damages or any action or failure or refusal to act pursuant to the provisions hereof.
8. All easements, rights-of-way and similar burdens shown on the recorded plant of Quail Park for the purpose of installation or maintenance of utilities and all such easements, rights-of-way and similar burdens hereafter granted or imposed for any such purpose shall be strictly observed by each owner or purchaser of any part Quail Park and shall not be in any manner obstructed so as to defeat or hinder in any manner the use of such easements, rights-of-way, of similar burdens.
9. No boats, trailers, campers, or in operable automobiles will be left on the street or on side yards within view of the street. Such vehicles must be parked in a garage.
10. The building and use restrictions are both covenants and conditions subsequently running with the land and shall remain in full force and effect until January 1, 1996, at which time all such building and use restrictions shall be automatically extended for successive periods of ten (10) years unless a majority in number of the owners of the lots in Quail Park shall, prior to the expiration of the original term or any extension thereof agree in writing to change such conditions, covenants and restrictions in whole or in part.
11. If any condition, covenant, or restriction herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way effect any other condition, covenant, or restriction, each of which shall remain in full force and effect.
12. Each of the conditions, covenants, restrictions, and agreements herein contained is made for the mutual benefit of (and are binding upon) each and every person acquiring any part of Quail Park, since it is intended that Quail Park, shall be developed for residential purposes only, it being understood that such conditions, covenants, restrictions, and agreements are not for the benefit of the owner of any land except land in Quail Park; this instrument, when executed, shall be filed for record in the Deed Records of Ft. Bend County, Texas so that each and every owner or purchaser of any portion of Quail Park, is on notice of the conditions, covenants, restrictions and agreements herein contained.
13. No person owning any lot or lots shall keep domestic animals in a number in excess of that which he may use for the purpose of companionship of the private family only, it being the purpose and intention hereof to restrict the ownership of domestic animals against any commercial purpose of any kind or character and to restrict the use of said property so that no person shall quarter on the premises, either horses or cows. By agreement of the parties hereto, the terms “domestic animals” specifically excludes horses, cows, hogs, sheep, goats, guinea fowls, ducks, chickens or turkeys, or other animals that may interfere with the quietude, health, or safety of the community.
14. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
15. No fence or wall shall be erected, placed or altered on any lot to any street than the minimum front setback line and no fence shall be erected higher than 8 feet in height. All fences must be approved by the Architectural Committee.
16. A container of brick or heavy timbered lumber must be placed inside of the property line on all lots to take care of all garbage and trash on each lot. The type of construction of said container must be approved by the Architectural Committee at the time the plans are submitted.
17. No signs or flags for advertising purposes shall be displayed to the public view, by owners or builders, excepting only signs 3 feet by 5 feet maximum advertising said property, or portions thereof, for sale.
18. Owners of lots, whether built on or not, must keep said lot in a clear and well-maintained condition. If the owner of a residential lot shall fail to control weeds, unsightly growth and debris that is on a lot, the developer herein or its assigns or another lot owner within the addition shall have the right to go on the lot, mow and clean said lot, and bill owner of record for charges.
19. No antennas or aerials shall be constructed, the highest point of which is more than 25 feet from the surface level of the lot at a point perpendicular to the atenna or aerial, unless specifically approved by the Architectural Committee.
20. Maintenance Fund: (a) Each lot shall be subject to a maximum monthly maintenance charge of not more than Ten Dollars ($10.00) per lot for the purpose of creating a fund to be known as Quail Valley Fund, Inc., and which maintenance fund charge shall be paid by the owner of each lot in conjunction with like charges to be paid by all other lot owners. Such maintenance charge may be adjusted by Quail Valley Fund, Inc. from year to year as the needs of the property may, in its judgment, require, but in no event shall such maintenance fund exceed $120.00 per lot per year. The maintenance charge is hereby fixed a maximum amount of Fifty and No/100 ($50.00) Dollars per year beginning the first day of the calendar month following the date of certification by Lockwood, Andrews and Newnam, Consulting Engineers, of completion of subdivision improvements, consisting of concrete streets, curbs, gutters, storm sewers, sanitary sewer lines and water mains in Quail Valley, La Quinta Section with the amount to be a proration of said Fifty and No/100 ($50.00) Dollars from the first day of the aforementioned month to December 31, 1977, at which time Quail Valley Fund, Inc. may adjust said maintenance charge for the next succeeding year as the needs of the property may, in its judgment, require. This maintenance charge shall be secured by a vendor’s lien on each lot as and when sold by MacNaughton & Co., and after the initial proration in 1977 such maintenance charge shall be paid annually on the first day of January of each year in advance, commencing January 1, 1978. All past due maintenance charges shall bear interest from their due date at 8% per annum until paid. Appropriate recitations with respect to such maintenance fund and the reservation of the vendor’s lien shall be included in each contract of sale and/or deed executed and delivered by Bob West with respect to each lot. The maintenance fund shall be applied, insofar as it may be sufficient, toward the payment for maintenance or installation of streets, paths, parks, parkways, esplanades, vacant lots, lighting, fogging, employing policemen and workman, and any other things necessary or desirable in the opinion of Quail Valley Fund, Inc., to maintain or improve the property, or which it considers to be of general benefit to the owners or occupants of the property covered by these restrictions, it being understood that the judgment of Quail Valley Fund, Inc, in the expenditure of said fund shall be final so long as said judgment is exercised in good faith. The maintenance charge shall remain effective until January 1, 1987, and shall automatically be extended thereafter for successive periods of five years; provided, however, that the owners of the majority of the lots may revoke such maintenance charge on either January 1, 1987. or at the end of any successive five (5) year period thereafter by executing and acknowledging an appropriate agreement or agreements in writing for such purpose and filing the same for record in the Office of the County Clerk of Fort Bend County.
(b) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, in the event the maximum assessment has been reached and the amount is not sufficient to provide the services intended in these restrictions and covenants then the maximum annual assessment may be increased by the Board of Directors effective January 1 of each year without a vote of the membership in conformance with the rise, if any, of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) for the preceding month of July.
(c) From and after January 1 of the year, immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above the amount provided for in paragraph (b) above by a vote of the members for the next succeeding three years and at the end of each such period of three years, for each succeeding period of three years, provided that any such change shall have the consent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purpose of the meeting.
21. Sidewalks
The owner of each lot shall, upon the completion of the construction of a residence upon said lot, build a sidewalk not less than four feet in width, parallel with and abutting the curb adjacent to said lot, across the entire width of the lot. Corner lots shall be required to have constructed a similar sidewalk parallel to and abutting the curb of side streets.
APPOINTMENT OF ARCHITECTURAL COMMITTEE MEMBERS
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF FORT BEND
WHEREAS, Bob White West, a join venture, imposed certain restrictions on the lots in Quail Park, a subdivision of land in Fort Bend County, Texas (“Quail Park”) according to the map or plat thereof recorded in Volume 21, Page 3 of the Map Records of Fort Bend County, Texas, pursuant to that certain Quail Park Building and Use Restrictions instrument dated June 30, 1977, filed under County Clerk’s File No. 15495 and recorded in Volume 731, Page 23 of the Deed of Records of Fort Bend County, Texas (the “Declaration”); and
WHEREAS, an Architectural Committee is authorized pursuant to Paragraph 7 of the Declaration to review the building plans and plot plans for new structures or fences for additions or major improvements to existing structures or fences within Quail Park, and
WHEREAS, the Architectural Committee was initially composed of two members designated by the builders in Quail Park, Louis Dorfman and Chuck Hess; and
WHEREAS, thereafter the powers of the Architectural Committee were exercised by Daiwa House Corporation or its designees; and
WHEREAS, J. William Sorensen (“Sorensen”) is the owner of a majority of the lots in Quail Park and has succeeded to all rights to designate the members of the Architectural Committee; and
WHEREAS, Sorensen wishes to designate members of the Architectural Committee to serve until all lots in Quail Park presently owned by him have been improved with the construction of a single family residence, at which time the function of the Architectural Committee shall be exercised by the Quail Valley Fund, Inc., a Texas non-profit corporation, or by such individuals as shall be designated by such corporation. ** (Continued below)
NOW THEREFORE Sorensen hereby appoints Ron Hammonds, Kirk Boswell, and Chad Johnson to serve as members of the Architectural Committee established by the Declaration until improved with the construction of a single family residence or until such earlier time as Sorensen designates or appoints a replacement member or members of the Architectural Committee. After a single family residence has been constructed on each of the lots in Quail Park owned by Sorensen, the functions of the Architectural Committee shall be performed by the Quail Valley Fund, Inc., or by such individuals as may be designated by such corporation**
**or if such corporation declines to exercise such functions or to designate members of the Architectural Committee, by such individuals as may be designated in writing by the record owners of a majority of the lots in Quail Park.
A majority of the Architectural Committee may designate a representative to act for it. If the Architectural Committee or its designated representative, fails to give written approval or disapproval within twenty (20) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of the improvements, approval will be presumed to be given or not required and the related covenants shall be deemed to have been fully satisfied.
AMENDMENT T QUAIL PARK BUILDING AND USE RESTRICTIONS
THE STATE OF TEXAS COUNTY OF FORT BEND
WHEREAS, Bob White West, a join venture, adopted and established restrictive covenants applicable to the use and occupancy of all the platted lots in Quail Park, a subdivision of land in Missouri City, Texas according to the plat thereof recorded in Volume 21, Page 3 of the Map Records of Fort Bend County, Texas (“Quail Park”), said restrictive covenants more particularly set forth in an instrument filed under Clerk’s File No. 13495 and recorded in Volume 731, Page 23 of the Deed of Records of Fort Bend County, Texas (the “Restrictions”); and
WHEREAS, the undersigned, being the owner of a majority of the lots in Quail Park, wishes to amend the Restrictions pursuant to Paragraph 20, sections a, b, and c thereof.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Restrictions are hereby amended as follows:
1. Pursuant to Paragraph 20, sections a, b, and c of the Restrictions, the specifications for raising the maintenance fee above $120.00 per lot per year are removed. Effective January 1, 1992, Quail Valley Fund, Inc., is hereby given the authority to increase said maintenance fee after consideration of current maintenance costs and the corporation’s future needs.
2. Effective January 1, 1992, in the event the amount then assessed is not sufficient to provide the services intended by the Restrictions, the annual assessment may be increased by the Board of Trustees of Quail Valley Fund, Inc. to an amount not to exceed $180.00 per lot per year. Each year after 1992, the assessment may be increased by the Board of Trustees in an amount not to exceed 6% above the previous year’s maintenance charge. However, if the 6% increase is not sufficient to provide the intended services, a simple majority of those voting in an annual or special meeting of he owners of the lots in Quail Park may authorize an increase in the assessment to a specified amount above 6%. Not withstanding the foregoing, lots which are not occupied by a resident and which are owned by the undersigned, a builder or building company, shall be assessed at the maximum rate of $120.00 per year until occupied by a resident. The rate of assessment for an individual lot within a calendar year can change as the character of ownership and the status of occupancy by a resident changes. The applicable assessment for such a lot shall be prorated according to the rate required of each type of ownership.