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.

(2)  No 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 committee.

(3)  No 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 another lot.

(4)  No 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 dimensions.

(5)  No 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.

(6)  The 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 easements.

(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.

(10) No 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.

(11) No 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.

(12) No 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.

 

The 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.

 

If 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.

 

John 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 covenants.

 

IN TESTIMONY WHEREOF, the parties hereto have executed and have caused to be executed this the 1st day of September, A. D. 1966.

 

ATTEST:                                                  LARKSTONE BUILDING COMPANY

 

 

EUGENE D. O’DONNELL, Secretary                   WILLIAM S. O’DONNELL, Vice President

 

 

                                                                                                ­­­­­___________________________________

                                                                                                JOHN S. MELLINGER, Individually

                                                                                                and as Attorney-in-Fact

THE STATE OF TEXAS

COUNTY OF HARRIS

 

BEFORE 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.

 

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _2nd_day of September, 1966.

 

                                          _______Wilber  F  Dreyer______________________________

                                          NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS.

THE STATE OF TEXAS

COUNTY OF HARRIS

BEFORE 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.

GIVEN 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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