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Shepherd Park Plaza Section Two Restrictions .
THE STATE OF TEXAS COUNTY OF HARRIS
KNOWN ALL MEN BY THESE PRESENTS:
That Oak Glen 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 TWO, a subdivision out of the S. W. Allen Survey, A-94, in Harris County, Texas, does hereby dedicate to public use as such the streets, alleys, and easements shown on the plat of said subdivision, recorded in Volume _____, Page _____ of the Map Records of Harris County, Texas, 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 OAK GLEN BUILDING COMPANY, shall be subject thereto. And the said Oak Glen Building Company agrees that any purchaser by, through, or under it shall hold title to the lots conveyed subject to said restrictions, covenants, conditions, and easements herein referred to, which shall continue and remain in effect until January 1, 1993, 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.
AND THE SAID OAK GLEN BUILDING COMPANY agrees that the restrictions, easements, covenants, and conditions which shall affect the use of said property are as follow:
(1) No structure shall be erected, altered, placed or permitted to remain on any lot or other building plot other than one detached single family dwelling and a private garage for not more than three (3) cars and other out-buildings incidental to residential use, other than as specifically set forth herein. All lots in said Shepherd Park Plaza, Section Two, shall be, and are hereby designated to be used for residential purposed only.
(2) No building shall be erected, altered, or placed on any lot or building plot in this 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 Lewis Cutrer Jr. Concrete sidewalks of standard width and construction across the front of each residential building site shall be included in the plans and specifications and shall be constructed before the main residence is occupied by owner. In the event of death or resignation of any member 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 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, 1973. 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 or representatives, 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 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 an interior lot line except that a detached garage or other detached out-building shall be located 65 feet or more from the front lot line and shall not be located nearer than three feet to an interior lot line. 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 fifty-two feet at the minimum building set-back line and an area of less than 7000 square feet.
(5) No noxious or offensive activities shall be carried on upon any lot or tract nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, nor shall anyone owing property in this addition keep any livestock or fowl of any kind thereon.
(6) No trailer, basement, tent, shack, garage, barn or out-building in this tract shall be at any time 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 the addition without the written consent of a planning committee hereinabove referred to.
(7) The ground floor area of the main structure of any residential building located on any building plot in this subdivision shall be not less than 1200 square feet, exclusive of open porches and garages, for one and one-half story structures; and shall be not less than 1600 square feet, exclusive of open porches and garages, for one (1) story structures. The dwelling exterior of a residential structure located on any lot in this subdivision shall be of not less than fifty-one percent (51%) masonry. Roof construction of any structure built in this subdivision shall be limited to wood shingles or built-up roof construction only.
(8) Easements affecting all lots in this tract are reserved as shown on the recorded plat for utility installation and maintenance and in addition to the easements designated on said plat there is hereby designated and dedicated for the use of all public utilities companies an unobstructed aerial easement five (5) feet wide from a plane twenty (20) feet above the ground upward located adjacent to said easements as dedicated on said plat.
(9) No fence, wall, hedge, 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 lot, without the written consent of the architectural committee.
(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 lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
(12) 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.
(13) 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.
(14) No building shall be placed nor shall any material or refuse be placed or stored on any lot within 20 feet of the property line of any part or edge of any open water course, except that clean fill may be placed nearer provided that the natural water course is not altered or blocked by such fill.
(15) The tract of land, described as “Tract “A” on the recorded plat of Shepherd Park Plaza, Section Two, containing 7.4196 acres gross area, shall be, and is hereby exempted from all the restrictions, conditions, covenants herein contained.
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 Oak Glen Building Company, said subdivision until January 1, 1993, at which time they shall automatically be extended for successive period of ten years 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 Oak Glen 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 persons 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.
EXECUTED this the 1st day of September, A. D., 1962.
ATTEST: OAK GLEN BUILDING COMPANY
EUGENE D. O'DONNELL, LAWRENCE O’DONNELL
Secretary President
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LAWRENCE O’DONNELL, known to me to be President of Oak Glen Building Company, and known to me to be the person whose name is subscribed to the foregoing instrument, and the acknowledged to me that he executed the same for the purposes and consideration therein expressed, as an act and deed of said corporation and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____day of September, A.D., 1962
__________________________________
Notary Public in and for Harris County, Texas.
SUBDIVISION RESTRICTIONS - REPLAT OF TRACT “A” SHEPHERD PARK PLAZA SEC II
THE STATE OF TEXAS
COUNTY OF HARRIS KNOWN ALL MEN BY THESE PRESENTS:
That OAK GLEN BUILDING COMPANY, a Texas Corporation, acting herein by and through its duly authorized officers, being the owner of lots platted as “REPLAT OF TRACT “A”, SHEPHERD PARK PLAZA, SECTION TWO (2), a subdivision out of the S. W. Allen Survey, A-94, in Harris County, Texas, plat of said “Replat” being recorded in Volume 100, Page 44, 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 REFERRED TO ABOVE 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 OAK GLEN BUILDING COMPANY shall be subject thereto. And the said OAK GLEN BUILDING COMPANY agrees that any purchaser by, through, or under it shall hold title to the lots conveyed subject to said restrictions, covenants, conditions and easements herein referred to, which shall continue and remain in effect until JANUARY 1, 1993, and for 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.
AND THE SAID OAK GLEN BUILDING COMPANY agrees that the restrictions, easements, covenants, and conditions which shall affect the use of said property are as follows:
(1) No structure shall be erected, altered, placed or permitted to remain on any lot or other building plot other than one detached single family dwelling and a private garage for not more than three (3) cars and other out-buildings incidental to residential use, other than as specifically set forth herein. All lots in said Replat of Tract “A”, Shepherd Park Plaza, Section Two shall be, and are hereby designated to be used for residential purposed only.
(2) No building shall be erected, altered, or placed on any lot or building plot in this 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 tract, 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 Lewis Cutrer Jr. Concrete sidewalks of standard width and construction across the front of each lot and along the side street lines of corner lots shall be included in the plans and specifications of each residential structure to be constructed in said tract, and shall be constructed before the main residence is occupied by owner. In the event of death or resignation of any member 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 will be deemed to have been completely 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, 1973. 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 or representatives, 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 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 an interior lot line except that a detached garage or other detached out-building shall be located 65 feet or more from the front lot line and shall not be located nearer than three feet to an interior lot line. 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 fifty-two feet at the minimum building set-back line and an area of less than 7000 square feet.
(5) No noxious or offensive activities shall be carried on upon any lot or tract nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, nor shall anyone owing property in this addition keep any livestock or fowl of any kind thereon.
(6) No trailer, basement, tent, shack, garage, barn or out-building in this tract shall be at any time 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 tract without the written consent of a planning committee hereinabove referred to.
(7) The ground floor area of the main structure of any residential building located on any building plot in this subdivision shall be not less than twelve hundred (1200) square feet, exclusive of open porches and garages, for one and one-half story structures; and shall be not less than sixteen hundred (1600) square feet, exclusive of open porches and garages, for one story structures. The dwelling exterior of a residential structure located on any lot in this tract shall be of not less than fifty-one (51%) percent masonry. Roof construction of any structure built in this tract shall be limited to wood shingles or built-up roof construction only.
(8) Easements affecting all lots in this tract are reserved as shown on the recorded plat for utility installation and maintenance and in addition to the easements designated on said plat there is hereby designated and dedicated for the use of all public utilities companies an unobstructed aerial easement five (5) feet wide from a plane twenty (20) feet above the ground upward located adjacent to said easements as dedicated on said plat.
(9) No fence, wall, hedge, 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 lot, without the written consent of the architectural committee.
(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 lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Said garbage, waste, or trash shall be kept only in sanitary containers. All incinerators or other equipment for the storage of such material shall be kept in a clean and sanitary condition.
(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.
(13) 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, maintained or permitted upon any lot.
(14) No building shall be placed nor shall any material or refuse be placed or stored on any lot within twenty feet of the property line of any part or edge of any open water course, except that clean fill may be placed nearer provided that the natural water course is not altered or blocked by such fill.
(15) 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 Oak Glen Building Company, in said tract until January 1, 1993, at which time they shall automatically be extended for successive period of ten years unless an instrument executed by a majority of the then lot owners has been duly 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 Oak Glen Building Company, its successors or assigns, or any other person or persons then owning real estate in said tract to enforce the performance of said restrictions and to enjoin the violation or attempted violation of the same; or any such party or persons owning any real property situated in said tract 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 violation of these restrictions. Invalidation of any one of the restrictions, covenants, conditions, or easements by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
EXECUTED THIS THE 1st day of JULY, A. D. 1963.
ATTEST: OAK GLEN BUILDING COMPANY
EUGENE D. O'DONNELL, LAWRENCE O’DONNELL
SECRETARY PRESIDENT
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE O’DONNELL, known to me to be President of Oak Glen Building Company, and known to be 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 an act and deed of said corporation and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _13th_day of August, 1963.
_______Berta Butler __________________
NOTARY PUBLIC IN AND FOR HARRIS COUNTY, TEXAS.
Shepherd Park Plaza, Section Two - Additional Subdivision Restrictions .
THE STATE OF TEXAS
COUNTY OF HARRIS KNOWN ALL MEN BY THESE PRESENTS:
That, OAK GLEN BUILDING COMPANY, a Texas Corporation, the owner of lots platted as SHEPHERD PARK PLAZA, SECTION TWO, a subdivision of 52.71 acres out of the S. W. Allen Survey, A-94, in Harris County, Texas, acting herein by and through its duly authorized officers, having heretofore adopted restrictive covenants governing the use and improvement of property in said subdivision, all as set forth in an instrument filed for record in the office of the County Clerk of Harris County, Texas, on September 25, 1962, and recorded in Volume 4877, Page 470, Deed Records of Harris County, Texas, DOES HEREBY COVENANT AND DECLARE that all lots in said subdivision shall be subject to the additional restrictions, covenants, and conditions, which shall be cumulative of those contained in the instrument aforesaid, and shall remain in force as long as said previously adopted restrictive covenants remain in effect, said additional restrictions, covenants, and co9nditions being as follows:
(2) Sidewalks of standard width and construction shall be included in the plans and specifications, and shall be constructed along the side street lines of all corner lots in this addition, as well as across the front of said lots. Said sidewalks to be constructed before the main residence is occupied by the owner.
EXECUTED THIS THE 2nd day of September, A. D., 1962.
ATTEST: OAK GLEN BUILDING COMPANY
EUGENE D. O'DONNELL, Secretary LAWRENCE O’DONNELL, President
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE O’DONNELL, known to me to be President of Oak Glen Building Company, and known to me to the 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 capacity therein stated, as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _27th_day of September, 1962.
_______Wilber F Dreyer_____________
NOTARY PUBLIC HARRIS COUNTY, TEXAS