RESTRICTIONS AND COVENANTS GOVERNING PROPERTY AND LOTS IN QUAIL VALLEYSUBDIVISION, THUNDERBIRD PATIO HOMES SECTION TWO BEING A PARTIAL REPLAT OF RESERVE “C”, UAIL VALLEY SUBDIVISION,THUNDERBIRD SECTION 2, ACCORDING TO THE MAP AS RECORDED IN VOUME 16, PAGE 2 OF THE MAP OF RECORDS OF FORT BEND COUNTY, TEXAS WHICH IS OWNED BY FARM AND HOME SAVINGS ASSOCIATION NEVADA, MISSOURI 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 Two an addition in Fort Bend County, Texas, according to the plat thereof recorded in Volume 20, Page Ten 15 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 Two, 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 Two, 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 Two, are hereby designated to be used for residential purposes only
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. Storage or parking on lots of boats, boat trailers, campers, buses and the like which are too large to fit into a permitted garage structure with the garage door able to be closed are expressly prohibited. Construction and sales offices may be constructed on specific lots as designated by the Architectural Control Committee. These shall be removed by December 31, 1981.
It is hereby specifically provided that dwellings constructed on lots in the Subdivision may be “zero lot line” houses and may be built as close to the property line as possible and an easement is hereby granted each lot owner to go onto adjoining lots as often as is reasonably necessary for purposes of maintenance, reconstruction, and repair of the exterior walls and roof of his dwelling. It is further provided that each lot or parcel in the subdivision shall be subject to an easement for minor (one foot or less) encroachments created by construction, overhangs, brick ledges, fences or other protrusions constructed by the Declarant or lot owner as long as it stands, and shall and does exist. In the event any dwelling in the subdivision is partially or totally destroyed, and then rebuilt, the owners affected agree that minor encroachments onto adjacent property due to construction, reconstruction, or repair shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist.
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, Carl Renken, Jr. 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, however, no chain link fence will be permitted in any location.
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 1,500 square feet on all lots.
4. Building Locations:
Residential buildings may be constructed beginning on one zero side lot line and to within 10 feet of the opposite side lot line so that ten feet is maintained as 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 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 building set back lines shown on the recorded plat.
No garages or any other building shall be constructed, placed or erected closer than the utility easements shown in the recorded plat on the rear or side property lines to the effect that no structure ma y encroach into a dedicated easement.
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 20 feet or the minimum building setback line shown on the recorded plat of the subdivision, whichever is greater. Also, no fence or wall shall be erected, placed, altered, or maintained at any other location without written approval of the Architectural Control Committee.
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. 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.
13. 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.
14 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 Two, 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.
15. 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 Two, 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 the end of that year, 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 1971 such maintenance charge shall be paid annually on the first day of January of each year in advance. 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, La Quinta 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, maybe 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.
16. 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.
17. 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 Two, 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.
18. 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.
19. 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
20. Underground Electric Service:
Underground electric service shall be available to certain lots at the sole discretion of Quail Valley Subdivision, Thunderbird Patio Homes Section Two 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.
21. Natural Gas:
Before any dwelling unit is completed and occupied, the lot owner shall install a gas water heater and gas control comfort heating or pay to ENTEX, INC>, the sum of THREE HUNDRED AND NO/100 ($300.00) DOLLARS for each dwelling unit constructed on a lot that does not have installed a gas water heater and gas control heater. Such payment must be made prior to the completion and occupancy of the dwelling unit. In the even this provision is violated, the violator shall be liable for interest to ENTEX, INC. on the THREE HUNDRED AND NO/100 (#300.00) DOLLARS payment, which should have been paid, at the rate of Ten (10%) percent per annum from the date of occupancy and for reasonable attorney’s fees incurred in enforcing this provision and collecting amounts owed hereunder.