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Paragraph of Dates of Recording and references to Statewide Land Co.,
statement of desire to place restrictions of this section of Shadow
Oaks has been omitted.
- The covenants, restrictions and conditions
in this instrument to run with the land and shall be binding
on all parties and all persons claiming under them for a
period of thirty (30) years from the date of this instrument,
after which time said covenants shall be automatically extended
for successive periods of ten (10) years
unless an instrument duly executed and acknowledged by a
majority of the then owners of the lots in said Shadow Oaks,
Section I has been recorded in the Deed Records of Harris
County, Texas, agreeing to revoke, alter, amend or change
said covenants, restrictions and conditions in whole or
in part.
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- Only one residence shall be constructed
on each lot, however, this shall not prohibit the construction
of a residence on a portion of two or more lots as shown
by said map, provided such tract constitutes a homesite
as defined in the succeeding paragraph.
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- * Parts of two or more adjoining lots
facing the same street in the same block may be designated
as one homesite, provided, that no residence shall be
built on any homesite with less than 60’ frontage at the
front building set back line except where a shorter frontage
is designated for any lot or lots upon the recorded map
of the subdivision.
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- The term "residential purposes" as used
herein shall be held and construed to exclude hospitals,
duplex houses, apartment houses and garage apartments, and
to exclude commercial and professional use; and any such
usage of the property described above is hereby expressly
prohibited.
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- The word "house" or "residence" as used
herein with reference to building lines shall include galleries,
porches, porte cocheres, steps (except front) and every
other permanent part of the improvements, except roofs and
masonry plant boxes.
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- * No structure shall be erected, altered,
or placed on any lot of plot other than one one-story or
one two-story single-family dwelling, one garage (for up
to three cars) with or without servants quarters, and one
out-building to be used in connection with residence, however,
such garage and out-building must be erected simultaneously
with or subsequent to the erection of the main building
and not prior thereto. The ground floor area of two-story
residences shall contain not less than 1100 square feet
and one-story residences shall contain not less than 1100
square feet, both exclusive of porches, whether open
or not, and exclusive of garages. No residence or other
permitted structure shall be constructed on any lot or building
site nearer than twenty-five (25) feet to the front
property line of each lot or nearer than ten (10) feet to
any side street line, nor nearer than five (5) feet to
any interior line of each lot or building site, construed
to mean from the foundation of said structure to said interior
lot line; nor nearer than twenty-five (25) feet to the rear
property line of each lot or building site. (PERSONAL
NOTE: THIS ITEM SHOULD BE REMOVED TO ALL GREATER SITE COVERAGE
LIMITED BY EASEMENTS AND SET BACKS) The restriction
contained in this paragraph shall not extend to steps, fences,
terraces, or trellises, but does apply to the building proper
and to any and all garages, porches and galleries attached
thereto. If more than one lot is used as one building site,
the restrictions set out in this subparagraph shall not
apply to the common side property line of such lots. Regardless
of any provision above contained, detached garages, with
or without servant’s quarters, may be placed within three
(3) feet of any interior side line of any lot.
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- 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.
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- No building material of any kind or character
shall be placed or stored upon the property until the owner
is ready to commence improvements and then such material
shall be placed within the property lines of the lot or
parcel of land upon which improvements are to be erected
and shall not be placed in the streets or between the curb
and the property lines.
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- No signs, billboards, posters or advertising
devices of any character shall be erected on any lot or
plot except one sign of not more than ten square feet advertising
the property for sale or rent or signs used by a builder
to advertise the property during the construction and sales
period. The right is reserved by Statewide Land Co. to construct
and maintain such sighs, billboards or advertising devices
as is customary in connection with the general sale of property
in this subdivision.
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- 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
they are not kept, bred, or maintained for any commercial
purpose.
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- No trailer, basement, tent, shack, garage,
barn or other outbuilding of any character shall be placed
or erected on any lot or plot at any time, to be used as
temporary or permanent residence, no shall any residence
of a temporary character be permitted.
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- No garage apartment for rental purposes
shall be permitted on any lot or plot. All living quarters
on any lot or plot other than in the main building
must be for bona fide servants only, and shall not contain
any kitchen facilities.
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- No fence, wall, hedge, nor any pergola
or other detached structure for ornamentation purposes shall
be erected, grown or maintained on any part of any lot or
plot forward of the front building line of said lot of plot
as shown on the aforesaid plat.
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- No building of frame construction on
the exterior of any kind or character shall be erected on
any lot of plot, unless the same at the time of construction
shall receive at least two coats of paint.
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- No residence shall be constructed upon
any homesite that shall contain less than 51% masonry or
stone on the exterior or that has a built-up roof with pea
gravel covering.
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- No private water wells, water systems,
septic tanks or sewer systems shall be dug, drilled, installed
or any manner constructed upon any lot in the subdivision,
except as herein otherwise provided.
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- Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown
on the recorded plat and over the rear five feet of each
lot.
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- No noxious of offensive activity shall
be carried on upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the
neighborhood.
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- No building shall be erected, placed
or altered on any building lot or plot in the above described
property until the building plans, specifications and plot
plans the location of such building have been approved in
writing as to conformity and harmony of external design
with existing structures in the above described property
and as to location of the building with respect to topography
and finished ground elevation, by a committee composed of
Carter Gorves, John V. Wheat, Murray McCoy or by a representative
designated by the members of said committee. In the event
of death or resignation of any member of the committee,
the remaining members shall have full authority to designated
a successor. In the event the committee or its designated
representative fails to approve or disapprove within thirty
days after plans and specifications have been submitted
to it, or in the event the persons seeking to, cannot locate
either member of the committee in Houston, Texas, after
making a bona fide effort to do so, and shall file a affidavit
with the County Clerk of Harris County, Texas, stating what
effort has been made to locate committee members at Houston,
Texas, 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
shall not be required and this covenant will be deemed to
have been fully complied with. Neither of the members of
such committee nor its designated representatives shall
be entitled to any compensation for services performed pursuant
to this covenant. The powers of such committee or its delegated
representative shall cease on or after December 31, 1958.
At any time the then record owners of the lots shall have
the power through a duly written instrument to change the
membership of the committee or to withdraw from the committee
or restore to it any of its powers and duties.
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- The owner of each tract shall keep the
weeds cut on his property and shall keep the property tidy
and neat in appearance and free and clear of unsightly obstacles
and upon failure to do so Statewide Land Co., its successors
or assigns, may upon ten days notice, cut said weeds and
the cost thereof shall be a debt of the lot owner and shall
bear interest at the rate of 10% per annum from date of
cutting until paid; and said debt shall be recoverable together
with reasonable attorneys fees.
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- No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind
shall be permitted upon, in, or under any lot or any of
the above described lands, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon, in or under
such property. No derrick or other structure designed for
use in drilling for oil or natural gas shall be erected,
maintained or permitted upon any of the above described
land.
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- Lot One (1) in Block Two (2) as shown
on the plat of the subdivision may be used as the site of
a water well, and the right to drill, construct, operate
and maintain a water well on said lot is reserved to Statewide
Land Co., its successors and assigns. Upon the abandonment
of said lot. as a site for a water well, said lot may thereafter
be used as a homesite, subject to all of the restriction
herein contained.
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- The invalidity of any one of these covenants
(whether by judgment, court order or otherwise) shall
in no wise affect any of the other provisions which shall
remain in force and effect. If any of the parties hereto
or any of their successors, heirs, or assigns, or any owners
of any interest in the above described property shall at
any time violate any of the covenants or restrictions herein,
it shall be lawful for any person or persons owning any
other lot or plot in the above described property, or for
Statewide Land Co., to prosecute any proceedings at law
or in equity against the person or persons violating or
attempting to violate any such covenants or restrictions,
and either to prevent him or them from so doing or to recover
damages or other dues for such violations. There shall be
no obligations on Statewide Land Co., to enforce these covenants
and restrictions.
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*
Items in italics in paragraphs denoted
with an asterisk (*) should remain specific to each section
of said subdivision.
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