SHEPHERD PARK PLAZA, SECTION
FOUR - SUBDIVISION RESTRICTIONS,
Recorded in Volume 7370, Page 339-341, Deed Records, Harris Co.
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 FOUR,
a subdivision in the City of Houston, in Harris County, Texas, according to the
map or plat thereof recorded in Volume 152 Page 20, Map Records of Harris
County, Texas, DOES HEREBY DEDICATE TO PUBLIC USE AS SUCH the streets, alleys,
and easements shown on the recorded 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 subdivision, 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, 1999, and for an extended time, if extended as is
hereinafter provided, 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 subdivision.
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, and by way of illustration and not by way of limitation, the premises
shall not be used for the purpose of carrying on the trade or profession of a
doctor, lawyer, dentist, engineer, geologist, geo-physicist, accountant,
contractor, barber, beauty operator, chiropractor, osteopath, radio or
television repairman, automobile repairman, boat builder, or boat repairman.
If is further expressly provided that no activity shall be carried on
upon any lot which might reasonably 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 lot;
in this subdivision.
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 Lawrence O’Donnell, Eugene
D. O’Donnell, and William S. O’Donnell.
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 thirty (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 shall
have been 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 duly authorized representative shall cease on or after
January 1, 1980. 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 exercised by said committee.
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 twenty-five feet to the front line or
nearer than ten feet to any side street line.
No building shall be located nearer than five feet to any interior lot
line except that a detached garage shall not be located no nearer than five feet
to an interior lot line except that a detached garage shall be located no nearer
than three feet to an interior lot line. Garages, whether attached or detached, shall be at least
twenty-five feet from the building set-back line as shown on the recorded plat.
For the purposes of this covenant, eaves, steps, and uncovered porches
shall not be considered as a part of a building, however, covered porches and
covered carports shall be considered as a part of a building for the purposes of
this covenant. Nothing contained
herein shall be construed to permit any portion of a building 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 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
temporary dwelling shall be erected on said property to be used as a residence,
nor shall any residence be moved onto a lot or building site; in the
subdivision, it being the intent of this covenant to prohibit the moving of any
existing buildings onto a building site in this subdivision, and remodeling or
converting same to a dwelling. No house trailers, mobile homes, junked
automobiles, or automobile parts shall be parked, placed, stored, or permitted
to remain on any street or lot in this subdivision.
ground floor area of the main structure of any residential building shall be not
less than two thousand one hundred (2100) square feet for single story
structures; not less than one thousand six hundred (1600) square feet for one
and one-half story structures, and not less than one thousand four hundred
square feet (1400) for two story structures, 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 shall be limited to wood shingles or build-up roof
construction only, with the exception that certain types of slate roofs,
asbestos shingle roofs, and decorative aluminum shingle roofs may be used if
approved in writing by the building committee above named.
(9) No lot shall be used or
maintained or used as a dumping ground for rubbish, trash, garbage, or other
waste, and any such garbage, trash, waste or other debris shall not be kept
except in sanitary containers. Any
equipment used for the storage or disposal of garbage, trust or other rubbish
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
during the construction and sales period.
oil drilling, oil development operation, oil refining, quarrying or mining
operation 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 or permitted
upon any lot.
animals, livestock, or poultry of any kind shall be raised, bred, kept or
maintained on any lot except that dogs, cats, or other household pets may be
kept provided that they are not kept for any commercial purpose.
above described restrictions, conditions, covenants, and easements shall run
with the land and shall be binding on all parties and persons claiming by,
through or under Larkstone Building Company in said subdivision until January 1,
1999 A. D., at which time they shall be automatically extended for successive
periods of ten years each, as above described, 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. If
any of said restrictions, conditions, covenants, and easements are violated, it
shall be lawful for the said Larkstone Building Company, its successors, and
assigns, or any other person or persons 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
estate situated in this subdivision may prosecute any proceedings at law or in
equity against any such party of person owing real estate situated in this
subdivision may prosecute any proceedings at law or in equity against any such
person or persons violating or attempting to violate these restrictions, and in
addition thereto shall be entitled to any damage or other dues for violations of
these restrictions. Invalidation of
any one of the restrictions, covenants, 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.
TESTIMONY WHEREOF, the party hereto has executed, and has caused these presents
to be executed this the 9th day of OCTOBER, A. D. 1968.
LARKSTONE BUILDING COMPANY
eugene d. o’donnell
/s/ william s. o’donnell
WILLIAM S. O’DONNELL
S E A L )
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 be the person whose name is subscribed to the foregoing
instrument, and he 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 _9th_day of October, 1968.
Dreyer, Notary Public in and for Harris County, Texas (S E A L)
ACKNOWLEDGED AND RECORDED IN VOLUME 7370, Page 339-341, Deed
Records of Harris County, Texas on October 10, 1968.