.            Recorded in Volume 7370, Page 339-341, Deed Records, Harris Co.                                    .



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.

(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 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.

(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 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 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 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 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.

(6)  The 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.

(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 during the construction and sales period.

(11) No 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.

(12) No 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.


The 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.


IN TESTIMONY WHEREOF, the party hereto has executed, and has caused these presents to be executed this the 9th day of OCTOBER, A. D. 1968.


ATTEST:                                                  LARKSTONE BUILDING COMPANY

/s/ eugene d. o’donnell                                       /s/ william s. o’donnell

EUGENE D. O’DONNELL,                               WILLIAM S. O’DONNELL

Secretary                                                 Vice President

( S E A L )




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 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.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _9th_day of October, 1968.


                                          _______W  F  Dreyer______________________________

W. F. Dreyer, Notary Public in and for Harris County, Texas (S E A L)


Records of Harris County, Texas on October 10, 1968.


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