|
Paragraph of Dates of Recording and references to Statewide
Land Co’s., 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) tears unless an instrument
duly executed and acknowledged by a majority of the then
owners of the lots in said Shadow Oaks, Section II 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.
|
- 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 save and except Reserve
"A" and "B" which shall be restricted to light business
and/or multiple unit dwellings.
|
- * 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.
|
- 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.
|
- 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.
|
- * 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 1300 square feet
and one-story residences shall contain not less than 1300
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. 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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. No hedge shall be planted
nearer than 20’ of sewer line. Private hedge shall not be
planted at all.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
- 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.
|
|
Paragraph of persons placing the above restrictions
on the above described property has been omitted.
|
|
* Denotes partitions which should remain
specific to each section of said subdivision.
|
|