THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF FORT BEND
THAT WHEREAS MacNaughton & Co., Trustee, (hereinafter called MacNaughton & Co.) 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 Patio Homes Section One Replat, an addition in Fort Bend County, Texas, according to the Re-Plat thereof recorded in Volume 19, Page 6 of the Map of Records of Fort Bend County, Texas; and MacNaughton & Co. desires to restrict the use and development of said property and lots in order to insure that it will be a high class restricted residential district;
NOW THEREFORE, MacNaughton & Co., acting through its duly authorized officers, does hereby impose the following restrictions upon the said property and lots included within Quail Valley, Thunderbird Patio Homes Section One Re-Plat, which restrictions upon the said property shall constitute covenants running with the land and with each section and every property owner in Quail Valley Subdivision, Thunderbird Patio Homes Section One Re-Plat, 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 Quail Valley, Thunderbird Patio Homes Section One Re-Plat, are hereby designated to be used for residential purposes only. Reserve “A” is hereby designated for use as Quail Valley Golf Course and related facilities and Reserve “B” is hereby designated to use as a swimming pool and related facilities exclusively for the use of the 95 lots included in this section, for a period of twenty years from date thereof.
B. Covenants Applying to Residential Lots
1. Land Use and Building Type:
No lots shall be used for any purpose except for single family residential purposes. The term “residential purposes,” as used herein, excludes hospitals, clinics, apartment houses, boarding houses, hotels and commercial and professional uses, whether from homes, residences or otherwise, and all such uses of the lots are expressly prohibited. No building shall be erected, altered, placed on permitted to remain on any lot other than one single family dwelling not to exceed two stories in height and a private garage for not more than four cars and permitted accessory structures. Construction and sales offices may be constructed on specific lots as designated by the Architectural Control Committee. These shall be removed by December 31, 1980.
2. Architectural Control:
No building or other improvements shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure or improvements have been approved by the Architectural Control Committee as to use, quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The Architectural Control Committee is composed of three members whose names are B. R. Tempel, Thomas H. Overstreet and J.H. MacNaughton. A majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor its representatives shall be entitled to any compensation for services performed pursuant to this covenant. The herein granted powers and duties of the Architectural Control Committee shall cease and terminate 20 years after the date of this instrument, and 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. The Committee’s approval or disapproval as required herein, shall be in writing. If the Committee, or its designated representatives, fails to give written approval or disapproval within thirty (30) 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 not be required and the related covenants shall be deemed to have been fully satisfied. The Architectural Control Committee, at its sole discretion is hereby permitted to approve deviations in building area and location in instances where, in their judgments, such deviation will result in a more commonly beneficial use. Such approval must be granted in writing and when given will become part of these restrictions. Any fencing of any type, in any location, specifically requires Architectural Control Committee written approval. All lots in Block Three (3) and all lots in Block Four (4) shall have plans submitted in a panel of not less than two (2) houses on adjoining lots.
3. Dwelling Size and Construction
The livable area of each main single family residential structure, exclusive of open or screened porches, stoops, open terraces, garages or detached servant quarters shall not be less than 1,800 square feet on all lots.
4. Building Locations:
In Block One and in Block Two, 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 20 feet to the rear lot line, nor nearer than 5 feet to any side lot line. On all the lots in Block One an din Block Two, no garages or any other building, shall be constructed, placed or erected closer than Twenty feet (20’) of the rear property line nor within five feet of any side or interior lot line, with the exception that detached garages located on the rear portion of the lot may be built within three 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.
In Block Three (3) and in Block Four (4), residential buildings may be constructed beginning one zero side lot line and to within 10 feet of the opposite side lot line so that ten feet is maintained a minimum between the side of each building on adjoining lots. This ten foot side yard may be connected to the adjoining building by brick or wrought iron fencing; as specifically approved by the Architectural Control Committee, and may have un-covered patio construction within this ten foot side lot area.
No building shall be located nearer to the front lot line or nearer to the side street line than the minimum buldig set back lines shown on the recorded plat. No garages, or any other building, shall be constructed, placed or erected closer than Eight (8) feet of the rear property line on lots Three (3) through Twenty-two (22) in Block Four (4), and on lots one (1) through Thirty-seven (37) in Block Three (3).
No clothesline shall be constructed, placed or erected on the lots where clotheslines would be visible from public view.
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 hereinbefore named.
No fence or wall shall be erected, placed, altered, or maintained on any building site nearer to the front property line than the minimum building setback line shown on the recorded plat of the subdivision. Also, no fence or wall shall be erected, placed, altered, or maintained at any other location without written approval of the Architectural Control Committee. Chain link fences are specifically prohibited, and any fencing at the rear of lots adjoining the golf course Reserve “A” is specifically confined to wrought iron.
In Blocks Three and Four, covered parking is required for at least two automobiles and paved open parking for at least one additional automobile. Such covered and open parking may face the street the lot fronts, or may be a mixture of side load garage entry plus open parking facing the street.
5. Lot Area and Width:
No lot may be re-subdivided, but one home may be built on two lots.
6. Nuisances:
No noxious or offensive activity shall be permitted upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
7. Temporary Structures:
No structure of a temporary character, trailer, basement, tent, shack, garage (except for living quarters contained therein for bona fide servants), barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently. No boats, boat trailers, travel trailers, inoperative automobiles, campers, or vehicles of any kind are to be permanently or 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. Semi permanent is defined as exceeding a twelve (12) hour period of time.
8. Signs:
No signs of any kind shall be displayed to the public view on any lot except one sign of not more than 5 square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
9. Oil and Mining Operations:
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.
10. Livestock and Poultry:
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except that not more than two (2) dogs, cats or other household pets may be kept provided that they are no kept, bred, or maintained for any commercial purposes.
11. Garbage and Refuse Disposal:
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall be kept in sanitary containers. Al incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
12. Land Near Parks and Water Courses:
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.
13. Sewage Disposal and Water Supply:
No water well, cesspool or other 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 the State, County, Municipal or other governmental authorities.
14. Cutting Weeds and Drainage:
Grass, Vegetations, and weeds on each lot shall be cut as often as may be necessary in order to maintain the same in a neat and attractive appearance. Likewise, all drainage ditches shall be maintained in the same manner and shall be unobstructed at all times. Any bridge or culvert constructed over property line ditches shall be of concrete pipe and a minimum of 18 inches in diameter, unless the depth of the ditch shall require a larger size for proper drainage.
15. Terms:
These covenants of restrictions are to run with the land and shall be binding on all owners of lots in Quail Valley, Thunderbird Patio Homes Section One Re-Plat, and all persons claiming under them until January 1, 1997, after which time said covenants and restrictions shall be automatically extended for successive periods of 10 years unless an instrument 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.
16. Maintenance Fund:
Each lot shall be subject to a maximum monthly maintenance charge of not more than Thirty Dollars ($30.00) 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 $360.00 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 L. C. Loper and Associates, Inc., Consulting Engineers, of completion of subdivision improvements, consisting of concrete streets, curbs, gutters, storm sewers, sanitary sewer lines and water mains in Quail Valley, Thunderbird Patio Homes Section One Re-Plat, 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 31,1976, 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 1976 such maintenance charge shall be paid annually on the first day of January of each year in advance, commencing January 1, 1977. 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 MacNaughton & Co., 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.
Each record lot owner of each lot in Quail Valley, Thunderbird Patio Homes Section One Re-Plat, 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.
17. Right of Mortgages:
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 mortgagee, 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.
In order to encourage the granting of first mortgage liens on property within this subdivision, before Quail Valley Fund, Inc, may proceed to enforce its prior lien,
granted and reserved under these restrictions upon any property which there is outstanding a valid first mortgage lien, it shall be necessary that a sixty (60) day notice be sent to the nearest office of such first mortgage lien holder by registered mail of such intend, which notice may be a statement of the charges delinquent, together with the notation “Final sixty (60) day notification to proceed to collect maintenance fund lien.” Upon request by any first lien mortgage holder, or proposed holder, Quail Valley Fund, Inc., shall furnish, for the mortgage holder’s file, an executed form relating the provisions of this paragraph to the applicable individual lot.
18. Enforcement:
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 Patio Homes Section One Re-Plat, 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.
19. 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.
20. 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 (20) feet from the lot boundary line and shall extend to 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 the side street lot line.
21. Underground Electric Service:
Underground electric service shall be available to certain lots at the sole discretion of Quail Valley Subdivision, Thunderbird Patio Homes Section One Re-Plat and the Houston Lighting and Power Company in compliance with the Federal Housing Administration’s guidelines. The owner of such lot shall at his 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 the Electric Company’s metering or the customer’s structure to the point of attachment of such cable (such point of attachment to be designated by the Electric Company’s installed transformers or energized secondary junction boxes. The Electric Company furnishing service shall make the necessary electrical connections at said point of attachment and at the meter. In addition, the owner of each lot shall, at his 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 owner’s lot. For so long as underground service is maintained the electric service to each lot shall be uniform and exclusively of the type known as single phase 120-240 volt, 3-2ire, 60 cycle alternating current.