| Street | Linda Goodson Dorothy Janazck ARTICLE X. 3110 Southwest Freeway Houston, Texas 77006 3120 Southwest Freeway Houston, Texas 77006 3120 Southwest Freeway Houston, Texas 77006 The Association may be dissolved with the assent given in writing and signed by not less than seventy-five per cent (75%) of each class of members and seventy-five per cent (75%) of the holders of first liens on lots situ- ated within the properties, Upon the dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, con- veyed and assigned to any non profit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE ΧΙ. Any indebtedness or liability, direct or contingent, must be authorized by an affirmative vote of a majority of the votes cast by the members of the Board of Directors at a lawfully-held meeting. The highest amount of indebted- ness or liability, direct or contingent, to which this corporation may be subject at any one time shall not exceed one hundred fifty per cent (150%) of its income for the previous fiscal year, except that additional amounts may be authorized by an affirmative vote of two-thirds (2/3) of the members. -4- IN WITNESS WHEREOF, we have hereunto set our hands this of Of April A.D. 1976. HUGH F. RIVES, JR. LINDA GOODS ON DOROTHY JANCZAK 9 day THE STATE OF TEXAS COUNTY OF HARRIS X X I, the undersigned Notary Public, in and for the County of Harris in the State of Texas do hereby certify that on this day personally appeared HUGH F. RIVES, JR., LINDA GOODSON AND DORTHY JANAZCK, who being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators and that the statements therein contained are true. IN WITNESS WHEREOF, I have set my hand and seal this the day of fail A.D. 1976. Notary Public in and for Harris, County Texas 297212 . . Q[IJUI. VILLAGE :U DBC'LARA'!':tON OP COVEN.l\NTS, CONDITIONS AND RESTRICTIONS 'fflB S'l'l\Tll OF Tl!lWI COON'1'Y or POR'l' BEND KNOW ALL .MEN BY 'l'l:IESB PRESENTS I ffl.\T 'rllIS DECLARA'!'ION made on the dal:e hereinafter. sat farth by PERRY HOMES, :me., h�rei;ia.fter re!erred to ae •ceclaro.nt•, W l TN BS SB T ff: WllBlUlAS, Doclaxant 1a the owner of oertain propert.l.ea located in the Dav.id Bright League, Abatza11t; 13 in Fort Bend County, irexas, the aaid property being 1110re particularly described as QUAIL VII.LAGS '1'0WNHOUSES•II 1 a 1ubdivision in Port Bend County/'l'axaa, in a IMP or plat thereof filed for record in V�lume 18, Page 5 of tbe plat records of Fort Send County, .Texas, WHl!REl\.S, Oeolarant desires to provide for the preservation of values and amenities in the said community and for the 1114int8Jlance of the Camon Jl.rea and to thb end, dasl.rea to subject tho real property deecdbed in aa!.d subdivision to the covemu1te, re11tdcUons, easements, charges and liens hereinafter sat forth, each and all of which J.s � l!.J:e for the bene• tit of said property and each (!';Iner thereof, and WHEREM, Declarant hall deemed it desirable for the efficient. preser- vation of the values and 11111Bnities in said comunity, to create an agency which will be delegated and assigned the powers of maintaining and adminis• tering the Colll!lon l\:rea and administering and enforcing tiie covenanta and · ·· restrictions and coUacting and disbl1l'Bing the assessments and charges hereinafter created, and IIHEllEAS, QUAIL VILLAGE XI ASSOC:U'l'ION baa been J.J\Corpora.ted under the la.wa of tba State of Texas, as a Non-Profit corporation, for the purpose of exercising the fwictioM afcre11aid1 NOW TlmRli:FORl!, Dec::larant hereby declares that all of the property deacdbed above shall be held, sold an4 conveyed subject to t:l\e folll)lo'ing easement., restriot.ions, covenants, and conditions, \Illich are 11111da for the purpose �oresaid and wich shall run with the real property and be binding COMPARED 011 al1 p.utie, having any right., title or interest in the deucribed property or any part thereof, their heirs, auccaaaora and t.ssi':lllS and shall inure to the benefit of aa.<1h 01111er thereof, 1.Rl'ICLE t , SEC'l'IOR l, "AssOQiation• shall mean and refer ta QUAIL VILLAGE XI ASSOCIM'ION, its BUcceaaors and assigns. SECTION 2, "Owner" shall mean and refer to the rec:ord owner, whether one or more persons or entities, of a fee simple title to any Lot which is 4 part· of the Properties, including contract sellers, but excluding those having such intei:est merely as security for the perforinance of an obligation. lf tho holder of an interest am security for tho porfcr:mance of an obligation acquires the faa simple tit.le, whathar by foreolos\U"e, deed or in any other manner, said holder 11hall then be deemed to be an 0Wt1ar. SllC'l'lON 3. "Properties" ahall mean and refer to all that certain real property de8cribed aa being within the boundaries of QUAIL VILLAGE !l'OWNHOUSES-lI, according to the plat. of QUAlL VXr.LAGE 'l'OWNHOUSES-Il, 11 aubdivision in Fort Bend County, 'l'eXH, recorded in VollllllB 18, Page 5, of :..he plat 1:ecorda of Fort Bend County, Te.:icu, SEC'l'IOH 4, •Connon Area• shall mean illld refer ta 1111 property owned by the l\asooiation for the common use and enjoyment of the owners, !l'be CCllllllon l\rea to be owned by the �aaooiation is described as follows: l\ll of the property dascdbed in the plat of QUAIX. VILLAGE 'l'OWNHOUSES-II a aubdlvia1on in Fort. Bend County, 'rexH, recorded in volume lB, Page 5 of the plat; recoxda of rort Bcmd Coun.ty, TQ"aa, SI\VE AND EXCEPT the blenty-aavan (21) buildings sh0WJ1 on the plat and any portion of such b11ild.in9, hexeinaftar described as a "lot" and shall in.elude for el< ampla, but not by way of limitation, all reoreational facilit.iu, community taoilitiea, swimming pools, pllDlps, trees, land&oaping, shruba, pipes, wires, conduits, and other public utility lines situated thereon, The Common Area shall be devoted to the comr11on use end enjoyment of the owners, 1 SBC'MON S. •tot" or "Parcel• shall. mean and refer to any portion of the twanty-eeven (21} building sites ah0'1ln on the Plat of QUAlt VILLAGB TOWNHOUSES-II, & subdivision in t'ort. Bend County, Texas, reoorded in VolUll\e 18, Pa9a 5, of the plat racorde of Fort Bend County, Texas, on which there is, or will ba constructed a single family townhouse, which iB to be individually and separately awned, l'or all pw:poses here\U\dar it llhall be understood • 694525 DEED VOL PAGE • and agreed, that the wonty-,oven (27) building' al.tea constitute one hundrl!d Uve (lOS) aeparate lots, until au.ch time, if a:ny, as l.t MY be detenlined by that nlllllbar of 1!.n9la fllllli.ly ta.rnhousae erected on, or to be erected on, the twonty•11evon (27) building ait:ea, or 110re or lltaa than one hwidred f!.vo (lC5J, in l<lhich event, tho number of lota ahall be tho nlll!il>er of single fmdly tcwnhouaea. tleolarant shall be the owner of all of the aaid one hun�ed five (1051 lots, Sll\11 AND �P'l' only thou particubr lots which the Declarant (:Onvoys in feo simple titllt by recordable Deed from e.nd after the date hexeof. SECTION 6. "'l'oWnhouse• ehall llle4ll and refer to a sinqle family residence unit joined together with at least one or IIIOra single falllily residence� by a oamnon vall or ualla and/or roof and/or foundation, except that for pur ,PQBal of thb daolarat:ion the •inqle fiUllily re■idence to be constructed on building sits numbllr twenty-aavon 127) ahall be considered to be a townhouse even tho11gh it 1111y not be coMocted. with at least one other roaldence by a COIIIIIIOD wall or walla and/or �oof and/or foun4ation. Sl!:C'lION ?. "Declarant• shall Jll/lan and refer to PJIAAY Hams, INC,, a Texa.a CoJ.'pOration, its succe111ors ancS u1iqM, if web aucceuore and usiqna ehould acquire ll!Ore than one und11V11lopod lot fr011 tho Decbrn.nt for the purpose of de�loi-nt. @ECTJOK 8. "Pirat Mortgage Holder• ehall mean the holdei:- of a pw:chase 1110noy or in,prov0111ent 1110rl:c]a9e HCIU:ed by a firat lien on a lot. SECTIOO 9, "Clue 'A' Lota• tlhell Man Md rafex to any lot upon which a ruidanc• or aingla family unit hae t>Qen coaplete4 and haa been oonveyod to an owner other than Dilcluant or bu been occupied. SEerION 10. •claea 'B' Lota• :llhall NM 11:ad refer to any lot upon vhic:b 11, residence oi:- single f=!ly unit hQ not been C0111pleted or haa not been c:oaveye4 to an owner other than Declarant or, prior to aueh conveyance, bu not 1: ,en occupied, AR1'lCL1! II. PBOPBR'l'Y lUGHTS SEC'l'I 00 l. -0IINBltS ' BM!MEll'l'S Cfl' ENJ011MER'r. Every OVMr a hall have a rlght and euement of enjoya,ent in aJld to tJia � �en ..tu.ch shall be - 3 ... DEED Vot. 694 PAGI[ 527 appw:tanant to and shall pasa vi.th the tiUe to every Lot, subject to the following provisions, (al the right of the Aaeo<:i&tion to charge roasonabla admission and other fees for the uae of any recreational facility situated upon the (bl the right of tho A.ssociaticn to limit the number of 111embers' gueat111 (o) the right cf the Aeae>eia.tion to suspend the voting right.a a..nd dght to uae the common Araa .facilities by the cwnar tor any period during which any asaument against hla lot reu.ina unpaid1 and fer a period not to exceed aixty (60l daye for any infraction of ltl p\lbliahad rule■1 (d) the right of the Association to dedicate or transfer all or any part of tht1 CQfl!IDCn Aru to any publio agency, authority, or utility for aucll purposes and subject to auch condition• u may be aqread to by the member•. Ho such dedication or transfer shall be effective \Ulles, an inst.rulllent signed by two-thirds (2/3) of each class of le) tho right of the Aasoaiiltion, in accordance wit;b i ta Articles And By-lava, to bon-ow money for the purpoH of improving the Coamion A.tea and facilities and in aid thereof to mortgage said propertles and the rights of such 1110:i:tgagea in such properties shall bo 1ubordinabj to the rightl!I of the homuovnera he:ceunder. (f) the right of the Asaocbtlon, through itll Uoard of Directora, to de�J:llline the tiM and iu.nner of use of the <:aomon Area by the members. SEC'l'lON :2, DEtEGATION 01" USB. lU\Y a.mer 11111y delegate, in l!.CCoz-dii.nce vltll thi■ section and the Dy•Lll.we, hie right of en:loYt:ient to the Comn10n 1-roa and. facilities, (bl to bia tenants or contract purchasers whd reside on tha property, if t:ha wdtt:e11 lease or contract f<,r: purchase 1;:0nt:i.l.1111- a covenant that the tan.ut or contract p\ll'chaaer haa been fucniahed copies of thia 1natnment, the By-Lilws of the Association and the Jtulee of the �aocl&tion an4 the tenan"t: or contract purabuar shall covenant to CQllply with the - 4 - Common Arsαι mambers agreeing to such dedication and transfer has been recorded. (a) to the members of his family, who reside on the property. covenants, coooitiona and re11trictions, the By�Laws, and �les and regulations of the AJJaociation, All provisions in leasea or contracts between owners and their tena.ntls or contract purchasers shall be subject to the approval of the Association, SECTIOK 3. TITLR 'l'O '1'IIB caiMON ARBA, 'l'he Declarant hereby covenanta, far itself, ite succesaors and assigns, that it shall convey the c0111111on Area "' t:b■ Associa\:1,,::-;i, free and olea.: of al.l lionq and en<:lllllbra.nces, e.iccept thaaa herein created �d except for those easmnents and enCUl!lbrancea of record in the public recorde of Fort Bend County, 'l'exu, reference to which is here inad.o. Al a right running with the rea.l property the ownership of each Lot ahall entail tlJ.a UH and enjoyment ot all wa.l.111, stab·•• pavement, ddveva.ya, parking area■, entrances, lllld exito ovnlld by the A!!aociation and there shall always bo 1,cc:1111 by both pedeatdans and vehicle■ to and ti::0111 each lot to 11 street dedicated to public use vithout hindrance of such c011111unication waya by the Aaaociation &nd/dr =era of townhouses and lots, Title of the CocrlllOn Az:ea ahAll rtu,iain undivided in tha AsBOCiation !or the purpose of preserving the right.a of the owners v1th respect to their u11e � enjoyment of the Coclsfton .Area. Am'ICLE III, Ml!MIIERSHlP ANO VOl'lNG RlGH'rS Sl!CTlON 1. Eveey Olmer of a Lot which 111 subject. to A1Sses-nt ■hal.l be a �r of the P.ssoclation, Ktllllbership ■hall be appiirtenant to o!nd may not be aepM"ated frca. ownership ot any Lot which i1 aubjeot to aaaeanient. SEC'l'ION ;!, The Aaeooilltion shall have t.vo cl.e.■H■ of votir,g -1>ership1 Cl.ass A. Class A melllbera ahall be all <>were vitb l:he �caption of tha l>aclarant and shall be entitled to one vote for each Lot owned, Whe?l lllOl'e than one person holds an interest in any Lot, all such persons shall be ..-mbera, The vote fnr auch Lot shall be exercised ll& they 31!1onq thG11U1alves detenuna, but in no avant 11h&U aore t.nan one vote Claaa B. Clll,11 B 111.ellher (o) shall be the Declara.nt and shall be entitled to three (l) votea !or each Lot owned, 'l'he Cl.us B aembflrahip ahall cease ""4 be converted. to Cla1111 A111elllberabip on the happening of eit:Mr of the foll�ing avMts, uhichever occur■ earlier, be cast with respect to any Lot. |
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