Section 1

Deed Restrictions
Applicable to Trailwood Village, Section One (1) only


 

That Friendswood Development Company, an Arizona corporation with a permit to do business in the State of Texas, having an office in Houston, Harris County, Texas, acting herein for itself and King Ranch, Inc., a Texas corporation with its office and principal place of business in Kleberg County, Texas, herein after jointly 4 called "Friendswood" being the owners of that certain tract of land containing 150.2105 acres out of the Elijah Votaw Survey A- 823, Harris County, Texas, which Friends has platted into a subdivision known as Trailwood Village, Section One, a map or plat of said subdivision, approved as required by law, having been filed for record and being recorded in Vol. 169, Page 95 in the Map Records of Harris County, Texas, as supplemented by that certain instrument recorded in Vol 8053, Page 522, of the Deed Records Harris County, Texas, to which reference is here made for all purposes, does hereby establish, adopt and promulgate the following Conditions, Covenants and Restrictions which shall be applicable to the lots in said subdivision:

Part I

1. Each lot shall be used only for single-family residence purposes, and no such residence shall be constructed on less than the equivalent of one full lot.

2. 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 (2} stories in height, and a private garage for not more than three ( 3) cars and bona fide servant's quarters, which structure shall not exceed the main dwelling in height or number of stories.

3. No building or improvements of any, character shall be erected or placed, or the erection thereof begun, or changes made in the design thereof after original construction plans and specifications and a plan showing the location of the structure of improvements have been submitted to and approved in writing by Friendswood, or its assignee hereinafter provided for, as to compliance with these restrictions and as to quality of materials, harmony of external design with existing and proposed structures, and as to location with respect to topography and finish grade elevation. In the event Friendswood fails to approve or disapprove such plans and specifications within thirty (30) days after the receipt thereof, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied.

4. The living area of the main residential structure, exclusive of porches, garage, and servant's quarters shall be not less than 1,800 square feet for a one-story dwelling nor less than 2,200 square feet for a two-story structure. Friendswood or its assignee, at its sole discretion, is hereby permitted to approve deviations in such building area and location in instances where, in their judgments, such deviation will result in a more common beneficial use. Such approvals must be granted in writing and when given will become a part of these restriction.

5. No building shall be located on any lot nearer to the front line or nearer to the street sideline than the minimum building setback line shown on the recorded plat. No building shall be located on any lot nearer than ten (10) feet to any side or rear street line. Subject to the provision of Paragraph 6, no building shall be located nearer than seven ( 7) feet to an interior lot line, except that a garage or other permitted accessory building located seventy-five (75) feet or more from the front lot line may be a minimum distance of three (3) feet from an interior lot line. For the purpose 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.

No garage located closer than sixty (60) feet to the front property line shall face and open at lest than ninety ( 90) degree angle to the front property line. All garages constructed to enter from Trailwood Village Drive shall face the rear lot line and open at no less than a ninety degree (90) angle to Trailwood Village Drive.

6. Any owner of one or more adjoining lots (or portions thereof) may consolidate such lots or portions into one single family residence building site, with the privilege of placing or constructing improvements on such resulting site, in which case setback lines shall be measured from the resulting side property plat. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of lots in the same block.

7. Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat, and no structure shall be erected on any of said easements. Neither Friendswood nor any utility company using the easements shall be liable for any damage done by either of them or the assigns, their agents, employees or servants to shrubbery, trees, flowers or improvements of the owner located on the land covered by said easements.

Underground electric, gas and telephone service shall be available to all lots in the subdivision, and the utility companies furnishing the service shall have easements as shown on the recorded subdivision plat. For so long as such underground services is maintained, the electric service to each lot shall be uniform and exclusively of the type known as single phase, 1 120/240 -Volt three wire, 60 cycle alternating current.

Easements for the underground service may be crossed by driveways and walkways provided the Developer or Builder makes prior arrangements with the utility companies furnishing electric, gas and telephone service and provides and installs any necessary conduit of approved type and size under such driveways or walkways prior to construction thereof. Such easements for the underground service shall be kept clear of all other improvements including building patios or other pavings, and neither grantor nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents employees or servants, to shrubbery, trees, flowers or other improvements (other than crossing driveways or walkways providing conduit has been installed as outlined above) of the owner located on the land covered by said easements.

8. No activity, whether for profit or not, shall be carried on on any lot which is not related to single-family residence 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 an annoyance or nuisance to the neighborhood.

9. No structure of a temporary character, trailer basement, tent, shack, garage, barn or other outbuilding shall be used on lot at any time as a residence. No boat or trailer shall be parked or stored permanently on any driveway. Portable buildings used for accessory or storage purposes shall be limited to eight (8} feet in height and must be approved in accordance with paragraph 13, Part I of these Conditions, Covenants and Restrictions. Temporary structures used as building offices and for other related purposes during the construction period must be inconspicuous and sightly.

10. No animals, livestock or poultry of any kind shell be raised, bred or kept on any lot except dogs, cats or other common household pets, provided they are not kept, bred or maintained for commercial purposes.

11. Except on Lot 1 in Block 1, no wall, fence, planter or hedge in excess of two (2) feet in height shall be erected or maintained nearer to the front lot line than the front building setback line. No side or rear fence, wall or hedge shall be more than six (6) feet high. No fence shall be of wire but subject to other provisions, hereof, fences of chain link construction shall be permitted along lot lines as follows:

West lines of Lots 10, 11, 12, 13, 14, 15, 33, 34, 35, 36, 37,
38, 51, 52, 64, 65, 75, 76, 85, 86, and 94 of Block 1
West lines of Lots 1, 13, 14, 15, 26, 27, 28, 39, 40, and 41 of Block 21
East line of Lot 11 of Block 5
East line of Lots 7 and 8 of Block 10
East line of Lots 6 and 7 of Block 12
East line of Lots 9 and 10 of Block 20
East line of Lot 6 of Block 23
 

12. No object or thing shall be placed or planted on corner lots which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways within the triangular area formed by the junction of street curb lines and a line connecting them at points twenty-five (25) feet from the junction of the street curb lines (or extension thereof) shall be placed or planted on corner lots.

13. The drying of clothes in 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 of portion of the lot is visible to the public shall construct and maintain a drying yard or other suitable enclosure to screen drying clothes from public view.

14. All lots shall be kept at all times in a sanitary, healthful and attractive condition, and the owner or occupant of all lots shall kept all weeds and grass thereon cut and shall in no event use any lot for storage of material 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 any garbage, trash or rubbish except by the use of an incinerator approved by Friendswood its successors or assigns, and then only during such conditions as permitted by law. All yard equipment, woodpiles or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of neighboring lots, streets or other property.

In the event of default on the part of the owner or occupant of any lot in observing the above requirements of any of them, such default continuing after ten (10) days' written notice thereof, Friendswood or its assignee, may without liability to the owner or occupant in trespass or otherwise, enter upon said lot and cut, 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, agrees by the purchase or occupation of the property to pay such statement immediately upon receipt thereof. To secure the payment of such charges in the event of nonpayment by the property owner, a vendor's lien is herein and hereby retained against the above-described property in favor of Friendswood or its assignee but inferior to purchase money lien or mortgage. Such vendor's lien shall be applicable and effective whether mentioned specifically in each deed or conveyance by Friendswood or not.

15. No sign, advertisement, billboard or advertising structure of any kind other than a normal for-sale sign shall be erected or maintained on any lot in said subdivision. Friendswood or its assignee shall have the right to remove any such sign, advertisement or billboard or structure which is placed on said lots, and in so doing shall not be subject to any liability for trespass or other tort in connection therewith or arising from such removal.

16. The digging of dirt or the removal of any, dirt from any lot is expressly prohibited except as necessary in conjunction with the landscaping of or construction on such lot.

17. Radio and TV antennas shall be restricted to a height not to exceed thirty (30) feet above ground level. Antennas attached to the house or garage shall be restricted to the rear of the roof ridge line, gable, or center line of the principal dwelling so as to minimize their visibility from the fronting street.

18. Reference is hereby made to the Community, Services Charge applicable to Trailwood Village { 605.804 acres of which the 150.2105 acres described as Trailwood Village, Section One is a part).

 

Part II

1. These covenants are to run with the land, and shall be binding upon Friendswood and its successors and assigns and all persons claiming under them and all subsequent property owners of said above-described bed lands, and any part of same for a period extending until July 20, 2010, at which time said covenants shall be extended automatically for successive period of ten (10) years each, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part, or to revoke them; provided, that no person or corporation shall be liable for breach of these covenants and restrictions except in respect to breaches occurring or committed during its, his or their ownership of the property involved in such breach. Deed of conveyance of said property or any pert thereof, may contain the above restrictive covenants by reference to this to this document, but whether or not such reference is made, each and all of such restrictive covenants shall be valid and binding upon the respective grantees.

2. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain or prevent such violation or proposed violation by an injunction, either prohibitive or mandatory, or obtain any other relief authorized by law Such enforcement may by the owner of any said lots or by Friendswood Development Company or its successors or assigns, or by the Association collecting and administering the Community Services Charge.

3. Invalidation or one or more of the covenants by judgment or court order or otherwise, shall in nowise affect any other covenant, restriction or condition, but all of such other covenants, restrictions or conditions shall continue and remain in full force and effect.

4. It is specifically provided that a violation of these restrictive covenants, or any one or more of them, shall not affect the lien of any mortgage or deed of trust now of record, or which hereafter may be placed of record, or other lien acquired and held in good faith upon said lots or any part thereof, but such liens may be enforced as against any and all property covered thereby, subject nevertheless to the restrictions, covenants and conditions herein contained

 

Note: The above has been taken directly from the Conditions, Covenants and Restrictions filed by Friendswood Development with Harris County ( D139793, 118-24-1998), and does not include the seals and signatures affixed to the original document dating July 6, 1970.