Applicable to Trailwood Village, Section Five (5) 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, hereinafter jointly called "Friendswood". being the owners of that certain tract of land containing 36.489 acres out of the Elijah Votaw Survey, A-823, Harris County, Texas, which Friendswood has platted into a subdivision known as Trailwood Village, Section Five, a map or plat of said subdivision, approved as required by law, having been filed for record and being recorded in Vol. 239, Page 87 in the Map Records of 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:
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, shed, playhouse or such accessory, structure 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, (including, but not by way of limitation, re-roofing materials and the color thereof), on any lot until the construction plans and specifications end a plan shoving the location of the structure or improvements have been submitted to and approved in writing by Friendswood, or its Assignee hereinafter provided for, as to compliance with these restrictions, the applicable minimum Construction Standards adopted and promulgated from time to time by Friendswood, or its assignee, for said subdivision, and as to quality of materials, harmony of external design with existing and proposed structures, and as to location with respect to topography and finished grade elevation, such approval being only for such purposes and shall not indicate Friendswood approval for any other purpose. In the event Friendswood or its assignee 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. No more than one dwelling shall be built on any, one lot or building site as defined in Paragraph 6 below.
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 no garage or other permitted accessory building located sixty (60) feet or more from the front lot line may be a minimum distance of three (3) feet from 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.
Any garage located closer than sixty (60) feet to the front property line shall not face nor open at less than ninety (90) degree angle to the front property line. Friendswood or its assignee, at its sole discretion, is hereby permitted to approve deviations in building setback lines as herein above set out and 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 restrictions.
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 lines rather than from the lot lines as indicated on the recorded plat.
7. Easements for installation and maintenance of utilities are reserved a 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 their assigns, their agents, employees or servants to shrubbery, trees, flowers, or improvements of the owner located on the land covered by said easements.
Utility companies furnishing underground electric, gas and telephone Service in the subdivision shall have easements as shown on the recorded subdivision plat. The owner of each lot in Trailwood Village, Section Five, 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 appurtenance from the point of the electric company metering on customer's structure to 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, 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 for the residence constructed on such owner's lot. For so long as such 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, 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 buildings, 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.
In the event of that audio and video communication services and utilities are made available to any of said lots by means of an underground coaxial cable system, the company furnishing such services and facilities shall have a two (2)-foot wide easement along and centered on the underground wire or cable when and as installed by said company from and at a right angle to the utility easement nearest to the point of connection on the permanent improvement or structure constructed, or to be constructed, upon said lot, and in a direct line from said nearest utility easement to said point of connection.
8. No activity, whether for profit or not, shall be carried on on any lot which is not related to single-family residence purposes, except on those lots which may, be designated by Friendswood, its successors or assigns, to be used for sales offices for a maximum period of seven (7) years from the date hereof. 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.
Any building, shed, playhouse, accessory structure or improvement, other than the main residence and garage shall be limited to eight ( 8) feet in height and must be approved in accordance with paragraph (3), Part I of these Conditions, Covenants and Restrictions. Temporary structures many be used as building offices and for other related purposes during the construction period provided prior approval has been granted by Friendswood or its assignee in accordance with Paragraph (3), Part I, hereof and such structures shall be removed upon completion of construction on the applicable lot.
No boats, trailers, campers, buses, inoperative vehicles of any kind, camp rigs off truck, or boat rigging or other similar items or conveyances shall be parked or stored permanently or semi - permanently, on any public street, right-of-way or on drives. Permanent or semi - permanent storage of such vehicles or item must be screened from public view either within the garage or behind a solid fence.
10. No animals, livestock or poultry of any, kind shall be raised, bred, kept on any lot except dogs, cats of other common household pets, provided they are not kept, bred or maintained for commercial purposes or in unreasonable numbers. All animals or pets must be leashed or restrained within an adequate enclosure.
Notwithstanding the foregoing, no animals or fowl may be kept on the property which results in the annoyance or are obnoxious to the residents in the vicinity.
11. 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 side fence shall be located on any corner lot nearer than the building line setback shown on the recorded plat for said subdivision. No wire fences shall be permitted. No fence shall be constructed on lots adjoining the greenbelt without proper written approval of Friendswood or its assignee.
12. No object or thing shall be placed or planted on corner lots which obstructs sight lines at elevations between two (2) end six (6) feet above the top of the street curb 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).
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 time in a sanitary, healthfull 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, 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 Woodpiles shall be neatly maintained.
15. No sign, advertisement, billboard or advertising structure of any kind shall be displayed to the public view on any portion of the properties or on any lot except one sign for each building site, which sign may have one maximum dimension of twenty-four ( 24) inches and a maximum area of 576 square inches, advertising the property for sale or rent, except signs used by Friendswood, its successors or assigns, to advertise the property during the construction and sales period. Friendswood or its assignee shall have the right to remove any such sign, advertisement or bill board 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. No trees shall be cut except to provide room for construction of improvements or to remove dead or unsightly trees.
17. Television antennas may be attached to the house; however, the antenna's location shall be restricted to the rear of the house or to the rear of the roof ridge line, gable or center line of the principal dwelling so as to be hidden from site when viewed from the fronting street. Property owners may apply for a variance of location, or for approval of other aerial devices, by submitting a plan showing the location and type of materials to the Architectural Control Committee for approval in accordance with Paragraph 3, Part I of these Protective Covenants.
18. Reference is hereby made to the Community Services Charge applicable to Trailwood Village ( 605.804 acres of which the 36.498 acres described as Trailwood village, Section Five is a part) created by that certain instrument executed by Friendswood, dated July 2, 1970 and recorded in Volume 8058, Page 346, of the Deed Records of Harris County, Texas, and the provisions of such instrument creating said Community Services Charge are hereby incorporated in these Protective Covenants as if set out herein in full. Such provisions shall be binding upon each respective lot and all succeeding owners thereof from and after the delivery of the deed to each such lot regardless of whether or not such provisions are contained in such deed said may be enforced as against the owners of such lot in the same manner as the restrictions and covenants herein contained .
19. Friendswood hereby retains the right to assign its rights to approve or disapprove plans and specifications, location of structures, construction contracts and all other necessary documents or approvals required to be submitted to it to an architectural control committee, which may be appointed annually by the Board of Trustees of Trailwood Village Community Association, as long as that Association is collecting and administering the Community Service Charge for Trailwood Village. In the event Friendswood elects to assign such rights of approval, such assignment shall be evidenced by an instrument in writing, executed and acknowledged by the proper officers of Friendswood and placed of record in the appropriate records of the County Clerk of Harris County, Texas.
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 lands, and any part of same, for a period of forty (40) years from the date hereof, 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 part 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 be by the owner of any said lots or by Friendswood Development Company or its successors or as signs, or by the Association collecting and administering the Assessment Charge for Trailwood Village Community Association.
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 sigh 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 (F046633,159-03-0319), and does not include the seals and signatures affixed to the original document dating February 11, 1977.