THE STATE OF
COUNTY OF
Whereas MacNaughton & Co., Trustee, being owners of that certain 196.054 acre tract of land which has been theretofore platted and subdivided into that certain subdivision known as Thunderbird North, according to the plat filed for record in the office of the Clerk of Fort Bend County, Texas in Volume 14, Page 16 of the Map Records and Thunderbird North Section 1 subdivision and partial Replat of Thunderbird North Subdivision according to the plat filed for record in the office of the County Clerk of Fort Bend County, Texas in Volume 16, Page 6 of the Map Records, hereinafter referred to as Thunderbird North, thereof does hereby establish, adopt and promulgate the following reservations, restrictions, covenants, and easements to apply uniformly to the use, occupancy and conveyance of all lots in said Thunderbird North (described below) for the benefit of the present and future owners of said lots and the Thunderbird North Community Association, Inc.:
Totaling 580 Lots
Block 1: Lots 1 through 88
Block 2: Lots 1 through 39
Block 3: Lots 1 through 32
Block 4: Lots 1 through 12
Block 5: Lots 1 through 47
Block 6: Lots 1 through 38
Block 7: Lots 1 through 13
Block 8: Lots 1 through 76
Block 9: Lots 1 through 12
Block 10: Lots 1 through 18
Block 11: Lots 1 through 24
Block 12: Lots 1 through 102
Block 13: Lots 1 through 18
Block 14: Lots 1 through 28
Block 15: Lots 1 through 33, and unrestricted reserves A, B, C, D.
1. Single Family Residential Construction
No building shall be erected, altered or permitted to remain on any lot other than one detached single family residential dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not less than two (2) nor more than three (3) cars and bona fide servants’ quarters which structures shall not exceed the main dwelling in height or number of stories and which structure may be occupied only by a member of the family occupying the main residence on the building site or by domestic servants employed on the premises.
2. Architectural Control
No building or improvements of any character shall be erected or placed or the erection begun, or changes made in the design thereof after original construction on any lot until the construction plans and specifications and a plot plan showing the Architectural Control Committee consisting of J. H. MacNaughton, Norris E. Calhoun and B. R. Tempel, or its assignee hereinafter provided for as to compliance with existing and proposed structures and as to location with respect to topography and finish grade elevations. In the event the Committee fails to approve or disapprove within thirty (30) days after the receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied.
The living area of the main structure exclusive of open porches and garages shall not be less than Twelve Hundred (1,200) square feet.
4. Location of the Improvements Upon the
No building shall be located on any lot nearer to the front line or nearer to the street side line than the minimum building setback line shown on the recorder Plat. No building shall be located on any lot nearer than ten 910) feet to any side street line. The main residential structure (exclusive of detached garages and out buildings) shall be located no less than fifteen (15) feet from the rear property line. Subject to the provisions of Paragraph 5, no part of the house building shall be located nearer than five (5) feet to an interior lot line. For the purposes of this covenant eaves, steps and unroofed terraces shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of the construction on a lot to encroach upon another lot.
5.
Any owner of one or more adjoining lots or portions thereof may consolidate such lots or portions into one building site with the privilege of placing or constructing improvements on such resulting side property lines rather than from the lot lines as indicated on the recorded plat. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of the lots in the same block.
6. Utility Easements
Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat and no structure shall be erected upon any of said easements. Neither damage done by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers or improvements of the owner located on the land covered by said easements.
7. Prohibition of Offensive Activities
No activity, whether for profit or not, shall be carried on any lot which is not related to single-family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any lot which may be or become any annoyance or a nuisance to the neighborhood.
8. Use of Temporary Structures
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. Temporary structures used as building offices and for other related purposes during the construction period must be inconspicuous and sightly.
9. Storage of Automobiles, Boats, Trailers and Other Vehicles
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 being the fence which encloses the rear of the lot. Semi-permanently is defined as exceeding a twelve (12) hour period of time.
10. Mineral Operations
No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structures designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
11. Animal Husbandry
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for commercial purposes.
12. Walls, Fences and Hedges
No walls, fence or hedge in excess of three (3) feet shall be erected or maintained nearer to the front lot line than the walls of the dwelling existing on such lot. No side or rear fence, wall or hedge shall be more than six (6) feet high. Any wall, fence or hedge erected as a protective screening on a lot by MacNaughton & Co., Trustee, shall pass ownership with title to the property and it shall be owner’s responsibility to maintain said protective screening thereafter.
13. Visual Obstructions at the Intersections of Public Streets
No object or thing which obstructs site lines at elevations between two 92) feet and six (6) feet above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines or extensions thereof shall be placed, planted or permitted to remain on any corner lots.
14. Lot Maintenance
The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon and shall not burn anything (except by use of an incinerator as permitted by law). The drying of clothes in full public view is prohibited and the owners or occupants of any lots at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of the owner or occupant of any lot in observing the above requirements or any of them such default continuing after ten (10) days written notice thereof MacNaughton & Co., Trustee, or its assignee shall without liability to the owner or occupant in trespass or otherwise enter upon said lot or cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions so as to place said lot in a neat, attractive, healthful and sanitary condition and may charge the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agree by the purchase or occupation of the property to pay such statement immediately upon receipt thereof.
15. Signs, Advertisements, Billboards
Except for signs owned by Builders advertising their model parks during the period of original home constructions and home sales, no sign, advertisement or billboard or advertising structure of any kind other than a normal “For Sale” sign may be erected or maintained on any lot in said subdivision. MacNaughton & Co., Trustee, or its assignee will have the right to remove any such sign, advertisement or billboard or structure which is placed on said lot and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal.
16. Roofing Material
The roof of any building shall be constructed or covered with (1) wood shingles or (2) asphalt or composition type shingles comparable in quality, weight and color to wood shingles, the decision of such comparison shall rest exclusively with the Architectural Control Committee of (3) crushed marble slag or pea gravel set in a built-up type roof. Any other type roofing material shall be permitted only at the sole discretion of the Architectural Control Committee upon written request.
17. Maximum Height of Antennae
No radio or television aerial wires or antennae shall be maintained on any portion of any residential lot forward of the front building line of said lot; nor shall any free standing antennae of any style be permitted to extend more than ten (10) feet above the roof of the main residential structure on said lot.
18. Sidewalks
Before the dwelling unit is completed and occupied, the lot owner shall construct a concrete sidewalk four (4) feet in width parallel to the street curb two (2) feet from the lot boundary line and shall extend into the projection of the lot boundary lines into the street right-of-way and/or street curbs at corner lots. Owners of corner lots shall install a sidewalk parallel to the front lot line and side street lot line.
19. Underground Electric Service
“An underground electric distribution system will be installed in that part of Thunderbird North Subdivision, designated herein as underground Residential Subdivision, which underground service area embraces all of the lots which are platted in Thunderbird North Subdivision, at the execution of this agreement between Company and Developer or thereafter. In the event that there are constructed within the Underground Residential Subdivision structures containing multiple dwelling units such as townhouses, duplexes or apartments, then the underground service area embraces all of the dwelling units involved. The owner of each lot containing a single dwelling unit, or in the case of a multiple dwelling unit structure, the Owner/Developer, shall at his or its own cost, furnish, install own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. Developer has either by designation on the plat of the Subdivision or by separate instrument granted necessary easements to the electric company providing for the installation, maintenance and operation of its electric distribution system and has also granted to the various homeowners reciprocal easements providing for access to the area occupied by and centered on the service wires of the various homeowners to permit installation, repair and maintenance of each homeowner’s owned and installed service wires. In addition, the owner of each lot containing a single dwelling unit. Or in the case of a multiple dwelling unit structure the Owner/Developer, shall at his or its own cost, furnish, install, own and maintain a meter loop (in accordance with the then current Standards and Specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for each dwelling unit involved. For so long as underground service is maintained in the Underground Residential Subdivision, the electric service to each dwelling unit therein shall be underground uniform in character and exclusively of the type known as single phase, 240/120 volt three wire, 60 cycle, alternating current.
“The electric company has installed the underground electric distribution system in the Underground Residential Subdivision at no cost to Developer (except for certain conduits, where applicable, and except a hereinafter provided) upon Developer’s representation that the Underground Residential Subdivision is being developed for residential dwelling units, including homes, and if permitted by the restrictions applicable to such subdivision, townhouses, duplexes and apartment structures, all of which are designed to be permanently located where originally constructed (such category of dwelling units expressly to exclude mobile homes) which are built for sale rent and all of which multiple dwelling unit structures are wired so as to provide for separate metering to each dwelling unit. Should the plans of the developer or the lot owner in the Underground Residential Subdivision be changed so as to permit the erection therein of one or more mobile homes, Company shall not be obligated to provide electric service to any such mobile homes unless (a) Developer has paid to the Company an amount representing the excess in cost, for the entire Underground Residential Subdivision, of the underground distribution system over the cost equivalent overhead facilities to serve such Subdivision or (b) the owner of each affected lot, or the applicant for service to any mobile home, shall pay to the Company the sum of (1) $1.75 per front lot foot, it having been agreed that such amount reasonable represents the excess in cost of the underground distribution system to serve such lot or dwelling unit over the cost of equivalent overhead facilities to serve such lot or dwelling unit, plus (2) the cost of rearranging, and adding any electric facilities serving such lot, which arrangement and/or addition is determined by Company to be necessary.
“The provisions of the two preceding paragraphs also apply to any future residential development in Reserve (s) shown on the plat of Thunderbird Subdivision, as such plat exists at the execution of the agreement for underground electric service between the electric company and Developer or thereafter. Specifically, but not by way of limitation, if a lot owner in a former Reserve undertakes some action which would have invoked the above per front lot foot payment if such action had been undertaken in the Underground Residential Subdivision, such owner or applicant for service shall pay the electric company $1.75 per front lot foot, unless Developer has paid the electric company as above described. The provisions of the two preceding paragraphs do not apply to any future non-residential development in such Reserve (s).
20. The Thunderbird North Community Association, Inc.
Definitions:
(a) “Association” shall mean and refer to Thunderbird North Community Association, Inc., its successors and assigns. The Association has the power to collect and disburse those maintenance assessments as described in Paragraph 21.
(b) “Owner” shall mean and refer to the record owner, whether one or more persons and entitles of a fee simple title to any lot which is a part of the properties including contract sellers but excluding those having such interests merely as security for the performance of an obligation.
(c) “Properties” shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
(d) “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners. Common Area improvements will consist of swimming pool, bath house, play-ground area, and a minimum of two Tennis Courts. The Common Area to be owned by the Association at the time of the conveyance of the first lot is Reserve “C” of Thunderbird North as per Plat recorded in Volume 14, Page 16, Map or Plat Records, of Fort Bend County, Texas.
(e) “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area and Reserves.
(f) “Declarant” shall mean and refer to MacNaughton & Co., Trustee, their successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development.
21. Maintenance Assessments
MacNaughton & Co., Trustee, imposes on each lot owned within the properties and hereby covenants and each owner of any lot by acceptance of a deed thereof whether or not it shall be so expressed in such deed is deemed to covenant and agree to pay to the association the following: (1) Annual Assessments or charges to be established and collected as hereinafter provided (2) Special assessments for capital improvements. The annual and special assessments, together with interest, costs and reasonable attorney’s fees, shall be a charge on the land and shall be a lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Appropriate recitations in the deed conveying each lot will evidence the retention of a vendor’s lien by MacNaughton & Co., Trustee, for the purpose of securing payment of charge assigned to the Thunderbird North Community Association, Inc. without recourse on MacNaughton & Co., Trustee, in any manner for the payment of said charge and indebtedness.
22. Purpose of Assessments
The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Area, and of the homes situated upon the properties. The proceeds of regular annual or special assessments shall not be used to reimburse MacNaughton & Co., Trustee, its successors or assigns, for any capital expenditures incurred in construction or other improvements of common facility, nor for the operation or maintenance of such facilities incurred prior to conveyance unencumbered to the Association.
23. Maximum Annual Assessment
Until January 1st of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be Seventy-Two ($72.00) per lot.
From and after January 1st of the year immediately following the conveyance of the first lot to an owner, The Board of Directors may fix the annual assessment from year to year as the needs of the property may, in its judgment, require, but in no event shall such maintenance fund exceed One Hundred Twenty Dollars, ($120.00) per lot per year.
24. Special Assessments for Capital Improvements
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent 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.
25. Owner’s Easement of Enjoyment
Every owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pas with the title to every lot subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area.
(b) The right of the Association to suspend the voting rights and the right to use of the recreation facility by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations.
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of the members agreeing to such dedication or transfer has been recorded.
(d) The right of the Association to collect and disburse those funds as set forth in Paragraph 21.
26. Delegation of Use
Any owner may delegate in accordance with the by-laws his right of enjoyment to the Common Area and facilities to the members of his family his tenants or contract purchasers who reside in the property.
27. Membership and Voting Rights
Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. The Association shall have two classes of voting membership.
Class “A”. Class “A” members shall be all owners with the exception of MacNaughton & co., Trustee, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote of such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to a lot.
Class “B”. Class “B” members shall be MacNaughton & Co., Trustee, or its successors or assigns should acquire more than one undeveloped lot from MacNaughton & Co., Trustee, for the purpose of development. Class “B” members shall be entitled to three votes for each lot owned. The Class “B” membership shall cease and be converted to Class “A” membership on the happening of either of the following events, whichever occurs earlier: (1) When the total votes outstanding in Class “A” membership equal the total votes outstanding in Class “B” membership including duly annexed area, but subject to further cessation in accordance with the limitations set forth in this paragraph; or (2) on January 1st of 1980.
MacNaughton & Co., Trustee, hereby agrees to assign its rights to approve or disapprove plans and specification, location of structures, construction contracts and all other documents or approvals required to be submitted to it to the Thunderbird North Community Association, Inc., when either of the conditions (1) or (2) above occur.
28. Rate of Assessment
All lots in Thunderbird North shall commence to bear their applicable maintenance fund assessment simultaneously and lots owned by MacNaughton & Co., Trustee, are not exempt from assessment. Lots which are occupied by residents shall be subject to annual assessment determined by the Board of Directors (according to Paragraph 24 and 29.) Lots which are not occupied by a resident and which are owned by MacNaughton & Co., Trustee, a builder, a building company, a Mortgage Co. or a Bank shall be assessed at the rate of one-half (1/2) of the annual assessment above. 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 according to the rate required of each type of ownership.
29. Date of Commencement of Annual Assessments
The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid.
30. Effect on Non-Payment of Assessments
Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owner personally obliged to pay the same or foreclose the lien for the assessments provided for herein by non-use of the Common Area of abandonment of his lot.
31. Subordination of Lien
The vendor’s lien, reserved herein as security for the payment of the annual and special assessments set out herein, shall be subject, subordinate, inferior and secondary to all liens, mortgages and encumbrances, whether now or hereafter existing, and (i) given to secure the payment of the purchase price of all or any part of the real property (or any improvements hereon), comprising Thunderbird North, a subdivision in Fort Bend County, Texas, or (ii) given to secure the payment of all amounts due or to become due under and by virtue of any contract, now or hereafter executed, for the construction, addition or repair of any improvements now or hereafter situated upon all or any part of the real property comprising Thunderbird North, a subdivision in Fort Bend County, Texas.
32. Enforcement
The Association or any owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these deed restrictions. Failure by the Association or by any owner to enforce any covenant or restriction herein shall in no event be deemed a waiver of the right to do so thereafter.
33. Severability
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.
34. Amendment to the Above Deed Restrictions
The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75) of the Lot Owners. Any amendment must be recorded.
35. Books and Records
The books, records and papers of the Association shall, during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation, By-Laws, of the Association, and Restrictive Covenants shall be available for inspection by any member at the principal office of the Association where copies may be purchased at a reasonable cost.
36. FHA/VA Approval
As long as there is a Class “B” membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of common areas, and amendment of this Declaration of Covenants, Conditions and Restrictions.
37. Annexation
Additional residential property and common area may be annexed to the properties with the consent of two-thirds (2/3) of each class of membership. However, upon the submission and approval by FHA and VA of a general plan of the entire development, and upon the subsequent approval of each stage of development, such additional stages may be annexed by the Board of Directors without obtaining homeowner’s consent. Annual assessments for annexed area should commence as to all lots on the first day of the month following conveyance of the first property to an owner-occupant. It also shall be a condition precedent to the provisions of this paragraph becoming in any way effective and enforceable, that appropriate reference to this paragraph be made in the restrictive covenants imposed upon any such additional section thereby adopting the provisions of this instrument to the end the restrictions and maintenance charge imposed on all sections be construed and administered collectively and in harmony with each other.