RESTRICTIONS AND COVENANTS GOVERNING PROPERTY
AND LOTS IN QUAIL VALLEY SUBDIVISION,
THUNDERBIRD WEST, SECTION2, A SUBDIVISION
IN THE DAVID BRIGHT LEAGUE A-13,
THE STATE OF
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF
That, Whereas MacNaughton & Co., Trustee, a Texas corporation, agent and attorney in fact for Farm and Home Savings Association, Nevada, Missouri, acting through its duly authorized officers for the purpose of creating and carrying out a uniform plan for the improvement and sale of property and lots in Quail Valley Subdivision, Thunderbird West, Section 2, an addition in Fort Bend County, Texas Quail according the plat thereof recorded in Volume 15, Page 6 of the Map Records of Fort Bend County, Texas, and MacNaughton & Co., is the owner of all of the lots in the said subdivision and desires to restrict the use and development of said property located in Quail Valley Subdivision, Thunderbird West, Section 2, for the purpose protecting the value and desirability of the lots and property.
Now, Therefore, MacNaughton & Co., acting through its duly authorized officers, does hereby impose the following restrictions upon the said property and lots included within the Plat thereof of Thunderbird West. Section 2, which restrictions upon the said property shall constitute covenants running with the land and with each and every property owner purchasing or owning lots within the Plat of Quail Valley Subdivision, Thunderbird West, Section 2 for their benefit and for the benefit of MacNaughton & Co., and any beneficiary hereunder shall have the right to enforce such restrictions using whatever legal method deemed advisable.
A.
General Land Use
All lots in
B.
Covenants Applying to Residential Lots
1. Architectural Control:
No building, fence, wall or other structure shall be erected, or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by the Architectural Control Committee composed of three (3) members whose names are Roger B. Medors, Eugene A. Mohler, and Jeffrey B. Lewis. In the event said Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
The persons serving on the Architectural Control Committee, or their successors, shall serve for a period of twenty (20) years from the date of recording this instrument, at which time the Architectural Control Committee shall resign and thereafter “the approval required by this paragraph shall not be required unless, prior to said date and effective thereon, the then record owners of a majority of the lots subject hereto shall execute and file for record an instrument appointing a representative or representatives, who shall thereafter exercise the same powers and duties granted herein to the Architectural Control Committee.” In the event of the death or resignation of any person serving on the Architectural Control Committee, the remaining persons(s) serving on the committee shall designate a successor or successors, who shall have all of the authority and power of his or their predecessors(s). A majority of the Architectural Control Committee may designate someone serving on the Committee to act for it. No person serving on the committee shall be entitled to compensation for services performed pursuant to this Article 1. However, the Committee may employ one or more architects, engineers, attorneys, or other consultants to assist the Committee in carrying out is duties hereunder; and the Association shall pay such consultants for such services as they render to the Committee.
2. Said lots shall be used for residential purposes only and no buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage or carport for not less than two (2) cars or more than three (3) cars.
3. Any single story residence constructed on said lots must have a ground floor area of not less than 1800 square feet, exclusive of open or screened porches, terraces, driveways, carports and garages. Any residence other than a single story residence must have not less than 1,000 square feet of ground floor area exclusive of open or screened porches, terraces, driveways, carports, and garages and not less than 800 square feet upstairs for a total of not less than 1800 square feet.
4. No building shall be located on any lot nearer to the front lot line or nearer to the side street lot line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any residential building plot nearer than 25 feet to the front lot line, nor nearer than 10 feet to any side street line, unless otherwise noted on the recorded plat, nor nearer than 15 feet to the rear lot line, (20 feet on lots which the rear lot line adjoins the golf course) nor nearer than 5 feet to any side lot line. On all lots detached garages located on the rear portion of the lot may be built within five feet of any side lot line, or interior lot line, except in those instances where the location of the garage in this manner would violate a dedicated easement. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of the building on any lot to encroach upon another lot. If two or more lots, or fractions thereof, are consolidated into the building site in conformity with the provisions of Section 5, below these building set back provisions shall be applied to such resultant building site as if it were one original platted lot.
Residential buildings on corner lots shall face the street upon which the lot fronts as shown by the recorded map of the subdivision. The front of the lot is the property line having the smallest dimension on a street. On certain irregular shaped corner lots, the facing of the residence is hereby declared to be under the supervision and control of the Architectural Control Committee hereinabove named.
Lots may be re-subdivided into building sites comprised of a part of one or more lots as plotted, PROVIDED, that no dwelling shall be erected or placed on any building site containing less than eight thousand (8,000) square feet in the area or having a width of less than seventy (70) feet at the front building setback line shown on the recorded plan of said subdivision.
None of said lots shall be re-subdivided in any fashion except that any entity owning two or more adjoining lots may subdivide or consolidate such lots into building sites, with the privilege of placing or constructing improvements as permitted in Sections 3 and 4 above on each such resulting building site, provided that such subdivision or consolidation does not result in any building sites with less than seventy (70) feet at the front of the building line in Quail Valley Subdivision, Thunderbird West, Section 2.
6. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. No utility company, water district, political subdivision or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants, to shrubbery, trees or flowers or other property of the owner situated on the land covered by said easements.
7. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
8. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
9. No building shall be placed nor shall any material or refuse be placed or stored on any lot within 20 feet of the property line of any park or edge of any open water course, except that clean fill may be placed nearer provided that he natural water course is not altered or blocked by such fill.
10. No water well, cesspool or individual sewage system shall be constructed or used on any lot, but each lot owner must use the water and sewer services provided until such time as those services are furnished by State, County, Municipal or other governmental authorities.
11. No signs of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, provided, however, U.S. Home Corporation of Texas, and any entity similarly building in Quail Valley Subdivision, Thunderbird West, Section 2, has the right during the construction and sales period, to construct and maintain such facilities as it determines are necessary or convenient, including, but without limitation, signs, offices, storage areas, model units and construction trailers. 9. Oil and Mining Operations:
12. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or other structures designed for use in boring for oil or nature gas shall be erected, maintained or permitted upon any lot.
13. No lot shall be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept in sanitary containers. All incinerators or other equipment for the storage and disposal of such material shall be kept in a clean and sanitary condition.
14. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other house type pets may be kept provided that they are not kept, bred or maintained for any commercial purposes, not to exceed a total of three (3) adult animals.
15. No fence, wall, hedge or gas meter shall be placed, or permitted to remain, on any of said lots nearer to the street or streets adjoining such lot than is permitted for the main residences on such lot, except for decorative subdivision entry fences or fencing used for enclosing community facilities installed by MacNaughton & Co. and/or its successors or assigns, which are approved in accordance with Article B-1 hereof. Also, no chain link or wire fence will be permitted in any location. No fencing shall be constructed, placed or erected without written approval of the Architectural Control Committee. Further, on those lots, which either adjoin or abut the golf course, no fence other than an approved wrought iron not to exceed 4 feet in height shall be permitted on that portion of the lot, which adjoins, abuts or faces the golf course.
16. No shrub or tree planting which obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be planted or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines.
17. No boat trailers, boats, travel trailers, inoperative automobiles, campers or vehicles of any kind are to be semi-permanently stored in the public street right-of-way or on driveways. Permanent and semi-permanent storage of such items and vehicles must be screened from public view, either within the garage or behind the fence, which encloses the rear of the lot. Semi-permanent is defined as exceeding a twelve-hour period.
18. Garage doors shall be closed at all times except for immediate entry and exit.
19. After construction and sale of a residential dwelling thereon, no living trees over two (2) inches in diameter shall be cut, destroyed or otherwise removed from the lot or easements adjoining the lot without the prior consent of the Architectural Control Committee.
C.
In the event an owner of any lot in the properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Architectural Control Committee, said Committee shall have the right, through its agents and/or employees, to enter upon said parcel and to repair, maintain, and restore the lot and exterior of the buildings and other improvements erected thereon. The costs of such exterior maintenance shall be added to and become part of the assessment to which said lot is subject.
D.
These covenants and restrictions are to run with the land and shall be binding on all owners of lots in Quail Valley Subdivision, Thunderbird West, Section 2, and all persons claiming under them until January 1, 1995, after which time said covenants and restrictions shall be automatically extended for successive period of ten (10) years unless an instrument shall be signed by a majority of the then owners of the lots is filed for record in Fort Bend County, Texas, altering, rescinding, or modifying said covenants and restrictions in whole or in part.
E.
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 One Hundred Twenty and No/100 ($1200.00) Dollars per year beginning January 1, 1976. This maintenance charge shall be secured by a vendor’s lien on each lot as and when sold by U.S. Home Corporation of Texas. Such maintenance charge shall be paid annually on the first day of January each year in advance commencing January 1, 1976. 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 U.S. Home Corporation. 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, 1980, 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, 1980 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, Texas.
Each record lot owner of each lot in Quail Valley, Thunderbird West Section,
shall have one (1) vote or membership in Quail Valley Fund, Inc., which vote or membership shall automatically pass with the title to the lot. Owner of fractional portions of any lot shall have that same fractional portion of a vote or membership. The vote of any lot, owned in common by two (2) or more persons, may be cast by any one (1) of the owners. The vote any lot owned by a corporation may be cast by any one (1) representative so designated by the officers of that Corporation. Any voting may be by mail or in any open meeting as designated by the Constitution and By-Laws of the Quail Valley Fund, Inc., which will outline in full all the voting procedures, initiative and referendum procedures, its officers and their duties, and committees and their duties.
Quail Valley Fund, Inc., a Texas Corporation, shall be a non-stock, non-profit corporation, with the principal purposes of: the collection, expenditure and management of the maintenance charge funds; enforcement of these restrictions and the general and overall supervision of all the affairs and well being of the subdivision, not connected with the operation of any of its utilities, nor the construction of any of its streets, utilities, residences, nor the sale of property within the subdivision.
F.
Any violation of any of the easements, agreements, restrictions, reservations, or covenants contained herein shall not have the effect of impairing or affecting the rights of any mortgage, guarantor, or trustee under any mortgage, or deed of trust outstanding against the lot, at the time that the easement, agreements, restrictions, reservations or covenants are violated.
G.
The lien of assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages granted or created by the Owner of any lot to secure the payment of monies advanced and used for the purpose of purchasing and/or improving such lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to a foreclosure thereof shall extinguish the lien of such assessments as to payment thereof, which became due prior to such sale or transfer. No sale or transfer shall relieve such lot form liability for any assessments thereafter becoming due or from the lien thereof.
H.
The covenants, reservations, easements, and restrictions set out herein are for the benefit of the undersigned, their heirs, successors and assigns and equally for the benefit of any subsequent owner of a lot or lots in Quail Valley, Thunderbird West, Section 2, and his heirs, executors, administrators, and assigns. Accordingly, all of the covenants, reservations easements and restrictions contained herein shall be construed to be covenants running with the land, enforceable at law or in equity, by any one or more of said parties. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
I.
Severability
The invalidity, abandonment, or waiver of any one of these covenants, reservations, easements and restrictions shall in no way affect or impair the other covenants, reservations, easements and restrictions which shall remain in full force and effect.