DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THE STATE OF TEXAS     }

                                               }

COUNTY OF CAMERON  }

THAT WHEREAS McGEE-AUTREY MANAGEMENT CO. INC, A Texas Corporation, hereinafter referred to as the Declarant, is the owner of all that certain real property located in Cameron county, Texas, describes as follows:

McGee-Autrey Subdivision No. 1 located in the City of Primera, Cameron County, Texas being 12.76 acres of land out of block 58, Wilson Tract subdivision, according to the Plat thereof recorded in Volume 9, Page 28 of the map records of Cameron County, Texas.

Whereas the Declarant will convey the above-described property, subject to certain protective covenants, restrictions, and conditions as hereinafter set forth;

Now therefore it is hereby declared that all of the property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the real property, and shall be binding on all parties having any right, title, or interest in or to the above described property or any part thereof, and their heirs, successors, and assigns, and which easement, restrictions, covenants, and conditions shall inure to the benefit of each owner thereof.

ARTICLE ONE

USE RESTRICTIONS

Types of Buildings Permitted

• 1.01 All lots shall be used for residential purposes only, and no buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private enclosed garage for at least two automobiles.

Construction Material for Exterior Walls

• 1.02 The exterior walls of any residence constructed on any lot shall be composed of a minimum of seventy-five percent masonry, stone, stucco or brick. Masonry board, Hardie Board or any similar product may not be used for exterior walls. Where trim is used on exterior of the house, they shall be composed of cedar, high-grade vinyl siding, cement and fiberglass composite or redwood. No prefabricated houses shall be placed on any lot.

Minimum Floor Area

• 1.03 Any single story residence constructed on any lot must have a ground floor area of not less that one thousand four hundred (1,400) square feet, exclusive of garages and opened or screened porches, patios and terraces. Any two story residences constructed on any lot must have a ground floor living area of no less than one thousand (1,000) square feet and a combined living area of not less than one thousand four hundred (1,400) square feet exclusive of garages and open or screened porches, patios, and terraces.

Building Setbacks

• 1.04 On any lot in said subdivision, no side yard shall be less than five feet. No building shall be located on any such lot nearer to the front line than twenty-five feet or nearer to the rear lot line than twenty feet. For the purposes of this covenant, eaves, steps or open porches shall not be considered as part of the building; provided however that this shall not be construed to permit any portion of the building on any such lot to encroach upon another lot. When one owner owns two adjacent lots and builds across the side lot line, then there shall be no building setback for the common side lot line.

Roof Requirements

• 1.05 Each home shall have at least 6:12 pitch roof (except concrete tile roof shall be at least 5:12) with at least 240 (30-year) composition shingle roof. Metal roofs, wood shingles or wood shake roofs, or concrete tile roof are acceptable.

Driveways

• 1.06 All driveways shall be constructed of concrete and shall contain steel reinforcement no less that # 6 welded wire mesh six (6) inches on center and at lease four-inch slab thickness.

Easements

• 1.07 All easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the McGee-Autrey Subdivision plat recorded in the Map Records of Cameron County, Texas. Right of use for ingress and egress shall be had at all times over any dedicated easement, and for the utility, together with the right to remove any obstruction that may be placed in such easement which would constitute interference with the use, maintenance, operation, or installation of such utility.

Noxious or Offensive Activities Prohibited

• 1.08 No professional business or commercial activity to which the general public is invited shall be conducted on any lot except for the construction, sale, or resale of residences in the subdivision nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

Prohibited Residential Uses

• 1.09 No structure of a temporary nature, trailer, tent, shack, garage, barn, or any other storage or out buildings shall be used on any lot at any time as a residence. There shall be no storage building allowed other than those that conform to the style of the residence, and they must be contained within one fence. Any additional structure such as pool house, or storage facility must be of the same material and finish as the primary residence.

Parking of Trucks, Buses and Trailers

• 1.10 No truck (Except pick up trucks) bus, trailer, camper, recreational vehicle, boat, motor home, or inoperable automobile will be left in the street or within view of the street for any longer than three days and the same vehicle cannot be continuously parked on the premises visible from the street, except for construction and repair equipment while a residence(s) is being built or repaired in the immediate vicinity. No truck, (except pick up trucks), bus boat, trailer or recreational vehicle shall be parked on the driveway or any portion of the property in such a manner as to be substantially visible from the street; provided, however, that nothing herein contained shall be construed to prohibit the storage of any unused vehicle in the garage permitted on any lot covered hereby or obscured from general view by some approved screen or enclosure.

Visibility of Television Antennas

• 1.11 Television antennas and other antennas shall be placed so as not to be seen from the street. No ham radios or CB base stations are permissible. No satellite dishes shall be visible from the street.

Rubbish, Trash and Garbage

• 1.12 No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept in suitable containers. All lots will be cared for in a neat, well-kept manner. Suitable containers to maintain trash or material must be placed on the property upon commencement of construction.

Construction of Fences, Walls, and Planters

• 1.13 No fence or wall shall be built forward of the front building setback line on any lot and only ornamental wrought iron, brick, and/or wood fences will be allowed. Decorative brick wall less than forty-two (42) inches high is excluded from the setback requirement. No fences higher than six (6) feet will be allowed.

Resubdivision

• 1.14 No lot shall be subdivided unless the result is fewer lots with greater area and such subdivision shall require the prior specific approval of the Architectural Control Committee.

Animals

• 1.15 No animals, livestock, poultry, fowl or any kind shall be raised, bred, or kept on any lot, except that cats, dogs, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. Pet enclosures shall be placed behind the residential structure.

Signs

• 1.16 No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property during the construction and subsequent sale and resale/lease periods. However, the Declarants and any other persons or entity engaged in the construction and sale of residences within the subdivision shall have the right, during construction and sales period, to construct and maintain such facilities as may be reasonable, necessary or convenient for such construction and sale, including, but not limited to signs, offices, and storage areas.

Oil Development Prohibited

• 1.17 No oil well drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on a lot, nor shall oil well tanks, tunnels, mineral excavations, or shafts be permitted on any lot. No derrick or other structure designed for use of boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted on any lot.

Shrubs and Trees

• 1.18 No shrub or tree planting which obstructs sight lines at elevations between two and six feet above the roadway shall be planted or permitted to remain on any corner lot within the triangular area formed by the curb lines of such intersecting streets and a line connecting such curb line at points twenty-five (25) feet from their intersection, or, in the case of a rounded corner, from the intersection of a curb line as extended. The same sight line limitations shall apply on any lot with ten feet of the intersection of a street curb line and the edge of a driveway. No trees shall be permitted to remain with such distances of such intersections unless the foliage line is maintained at a height of more than six feet above ground level.

Minimum Construction Time

• 1.19 Every residence must be constructed within a period of less than one year from the date that construction begins.

ARTICLE TWO

ARCHITECTURAL CONTROL

Architectural Control committee

2.01 Architectural Control Committee to exercise exclusive jurisdiction over all construction and modifications, additions and alterations of existing improvements within said Subdivision.  The Committee shall be composed of Warren Ray Murphy, William Murphy and Donald R. Duff.  Additional or other members may be appointed by a majority of the Committee. 

2.02 No building, fence, wall or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition to, or change or alteration therein, be made nor shall any landscaping of any lot be undertaken until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee as to the harmony of the external design and location in relation to surrounding structures and topography.

2.03 In the event that any plans and specifications are submitted to the Architectural Control Committee as provided herein and such Committee fails to approve or reject such plans and specifications for a period of thirty days following such submission, approval by the Committee shall not be required and full compliance with this article shall be deemed to have been made.

ARTICLE THREE

GENERAL PROVISIONS

Enforcement

3.01 The Declarant or any owner shall have the right to enforce, by any proceeding at law or in equity, all conditions, restrictions, and provisions of this Declaration.  Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Severability

3.02 Invalidation of any one of these covenants or restrictions by judgment or court shall in no way affect any other provision and all other provisions shall remain in full force and effect.

Duration and Amendment

3.03 The covenants, restrictions, and conditions of the Declaration shall run with and bind the land and shall inure to the benefit and be enforceable by the Declarant or the owner of any lot subject to this Declaration and shall be effective for a term of fifteen years from the date this Declaration is recorded unless amended as provided therein.  These covenants shall be automatically extended for successive periods of ten (10) years.

Amendment

3.04 The covenants, conditions, and restrictions of this Declaration may be amended by an instrument signed by a majority (over fifty percent) of the owners of the lots.  Each lot Owner being entitled to one vote for each lot owned.  No amendment shall be effective until recorded in the deed records of Cameron County, Texas, nor until the approval of any governmental regulatory body, which is required, shall have been obtained.  Notwithstanding the foregoing, the Declarant reserves the right for a period of one year after the filing of these Restrictions to unilaterally amend these Restrictions by filing a record of Amended Restrictions.  Thereafter, the Declarant may amend these Restrictions without the joiner of any other person, in order to correct any error or omission, or to effectuate the general intent and scheme of this Subdivision and of these Restrictions.

EXECUTED by the said Declarant this ________ day of ___________ 2005

McGee-Autrey Management Co. Inc., A Texas Corporation

By: ______________________________________

        Warren Ray Murphy

         President of McGee-Autrey Management Co. Inc.

THE STATE OF TEXAS     }

COUNTY OF CAMERON  }

This insturment was acknowledged before me on  ______________, 2005

By Warren Ray Murphy - President

McGee-Autrey Management Co. Inc.