Shepherd Park Plaza Section
Three Subdivision Restrictions
THE STATE OF TEXAS
COUNTY OF HARRIS
KNOWN ALL MEN BY THESE PRESENTS:
That LARKSTONE BUILDING
COMPANY, a Texas Corporation, acting herein by and through its duly authorized
officers, being the owner of lots platted AS SHEPHERD PARK PLAZA, SECTION THREE
(3), a subdivision in Harris County, Texas, according to the map or plat thereof
recorded in Volume 144 Page 38 of the Map Records of Harris County, Texas, DOES
HEREBY DEDICATE TO PUBLIC USE AS SUCH the streets, alleys, and easements shown
on the plat of said subdivision forever and DOES HEREBY COVENANT AND DECLARE
that all lots in said subdivision shall be subject to the following
restrictions, covenants and conditions, and that each of said lots in said
addition which shall be conveyed by the said Larkstone Building Company, shall
be subject thereto. The said
Larkstone Building Company, agrees that any purchaser by, through, or under it
shall hold title to the lots conveyed subject to said restrictions, covenants,
and easements herein referred to, which shall continue and remain in effect
until January 1, 1996, and for an extended time, if extended as is hereinafter
provided for, such easements, restrictions, covenants, and conditions being
hereby established and fixed against said property for the purpose of
establishing and creating a uniform plan of development for said property.
The said Larkstone Building Company hereby agrees that the restrictions,
conditions, easements, and covenants which shall affect the use of said property
are as follow:
(1) Said lots shall be used
for single-family residential purposes only, and no business, professional or
commercial use shall be made of any of said lots, even though such business,
professional or commercial use be subordinate to use of the premises as a
residence. It is further provided
that no activity shall be carried on upon any lot which might be considered as
giving annoyance to neighbors of ordinary sensibilities and which might be
calculated to reduce the desirability of the property as a residential
neighborhood, even though such activity be in the nature of a hobby and not
carried on for profit. No structure
other than one single-family residence and its outbuildings shall be
constructed, placed on, or permitted to remain on any building site or lot.
building shall be erected, altered, or placed on any lot or building plot in the
subdivision until the building plans, specifications, and plot plan showing the
location of such building have been approved in writing as to conformity and
harmony of external design with existing structures in the subdivision, and as
to location of the building with respect to topography and finished ground
elevation by a majority of a committee composed of William S. O’Donnell,
Eugene D. O’Donnell, and Lewis Cutrer Jr.
In the event of death or resignation of any member or members of said
committee, the remaining member or members shall have full authority to approve
or disapprove such design and location, or to designate a representative with
like authority. In the event said
committee or its designated representative fails to approve or disapprove such
design and location within 30 days after such plans and specifications have been
submitted to it, or in any event, if no suit to enjoin the erection of such
building or the making of such alterations has been commenced prior to the
completion thereof, such approval will not be required and this covenant will be
deemed to have been fully complied with. Neither
the members of such committee, nor its designated representative shall be
entitled to any compensation for services performed pursuant to this covenant.
The powers and duties of such committee and of its designated
representative shall cease on or after January 1, 1981.
Thereafter the approval described in this covenant shall not be required
unless, prior to said date and effective thereon, a written instrument shall be
executed by the then record owners of a majority of the lots in this subdivision
and duly recorded appointing a representative
who shall thereafter exercise the same powers previously executed by said
building shall be located on any lot nearer to the front line or nearer to the
side street line than the minimum building set-back lines shown on the recorded
plat. In any event no building
shall be located on any lot nearer than fifteen (15) feet to the front line or
nearer than ten (10) feet to any side street line.
No building shall be located nearer than five (5) feet to an interior lot
line except that a detached garage shall not be located nearer than three (3)
feet to an interior lot line. Garages,
whether attached or detached, shall be at least twenty five (25) feet from the
building set-back line as shown on the recorded plat.
For the purposes of this covenant, eaves, steps, and open porches shall
not be considered as a part of a building provided, however, that this shall not
be construed to permit any portion of a building on a lot to encroach upon
lot shall be re-subdivided into nor shall any dwelling be erected or placed on
any lot having a width of less than sixty (60) feet at the minimum building
set-back line and an area of less than 7200 square feet; provided, however, that
any whole lot, according to the plat of the subdivision above named, shall be
considered to have the requisite frontage and area, regardless of its
trailer, basement, tent, shack, garage, barn or other out-building in this
subdivision shall at anytime be used as a residence temporarily or permanently
nor shall any structure of a temporary character be used as a residence, nor
shall any residence be moved onto a building plot in this subdivision without
the written consent of the planning committee hereinabove referred to.
ground floor area of the main structure of any residential building shall be not
less than One thousand nine hundred (1900) square feet, excluding of open
porches and garages, for single story structures.
The ground floor area of the main structure of any residential buildings
of one and one-half stories shall be not less than one thousand four hundred
(1400) square feet, excluding of open porches and garages.
The ground floor area of the main residential structure having two (2)
stories shall be not less than one thousand two hundred (1200) square feet
exclusive of open porches and garages. The
exterior of any main structure built on any lot in this subdivision shall be of
at least 51% masonry. Roof
construction of any structure built on any lot in this subdivision shall be of
wood shingle or build-up roof construction only.
(7) Easements affecting all lots in the subdivision are
reserved as shown on the recorded plat for utility installation and maintenance.
(8) No fence, wall, hedge, nor any pergola or any other
detached structure for ornamental purposes shall be erected, grown or maintained
on any part of any lot, forward of the front building line of said lots, without
the written consent of the architectural committee, excepting screening fences,
if any, along the drainage easements as set forth on said plat.
Said screening fences, if any, may be installed and maintained forward of
the front and side building lines of all lots adjacent to said drainage
(9) No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste, and any such garbage, trash,
waste etc. shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or
disposal of such waste shall be kept in a clean and sanitary condition.
sign of any kind shall be displayed to the public view on any residential lot
except one sign of not more than five square feet advertising the property for
sale or rent, or signs used by the builder to advertise the property during the
construction and sales period.
oil drilling, oil development operation, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any
lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected, maintained
or permitted upon any lot.
animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
lot, except that dogs, cats, or other household pets may be kept provided that
they are not kept, bred, or maintained for any commercial purpose.
above mentioned restrictions, covenants, conditions, and easements shall run
with the land and shall be binding on all parties and on all persons claiming
by, through, or under Larkstone Building Company in said subdivision until
January 1, 1996, at which time they shall automatically be extended for
successive periods of ten years each, unless an instrument signed by a majority
of the then lot owners has been recorded agreeing to change said restrictions,
in whole or in part.
any of the aforesaid restrictions, covenants, conditions, and easements are
violated, it shall be lawful for the said Larkstone Building Company, and its
successors, and assigns, or any other person or persons then owning real estate
in said subdivision, to enforce the performance of said restrictions and to
enjoin the violation or attempted violation of the same, or any such party or
person owning any real property situated in the subdivision may prosecute any
proceedings at law or in equity against any such person or persons so violating
or attempting to violate the same and in addition thereto shall be entitled to
injunctive relief, and shall also be entitled to any damages or other dues for
violations of these restrictions. Invalidation
of any one of the restrictions, covenants, conditions, or easements by judgment
or court order shall in no way affect any of the other provisions, which shall
remain in full force and effect.
S. Mellinger, acting individually and as attorney-in-fact for Marion M. Britton,
James L. Britton, Michael J. Mellinger, Sweeney J. Doehring, Carl F. Doehring
and Paul C. Doehring Jr., and their respective successors in interest, joins
herein for the purpose and reason that they are the owners and holders of
certain liens upon and covering the above described property, and for the
purpose of ratifying, confirming, and adopting said restrictions, and for the
purpose of subrogating their liens to said restrictions, conditions, and
TESTIMONY WHEREOF, the parties hereto have executed and have caused to be
executed this the 1st day of September, A. D. 1966.
LARKSTONE BUILDING COMPANY
D. O’DONNELL, Secretary
WILLIAM S. O’DONNELL, Vice President
JOHN S. MELLINGER, Individually
and as Attorney-in-Fact
STATE OF TEXAS
ME, the undersigned authority, on this day personally appeared WILLIAM S.
O’DONNELL, known to me to be Vice
President of Larkstone Building Company, and known to me to the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the
act and deed of said corporation and in capacity therein stated.
UNDER MY HAND AND SEAL OF OFFICE this the _2nd_day of September, 1966.
NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS.
STATE OF TEXAS
ME, the undersigned authority, on this day personally appeared JOHN S.
MELLINGER, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacities therein stated.
UNDER MY HAND AND SEAL OF OFFICE this the _6th_day of September, 1966.
_______Mary M. Till_____________
NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS.
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