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Now, Therefore, said corporation,
incorporated in Texas, acting herein by and through duly authorized
officers, and joined by all of the lien holders on said land, hereby
adopt the restrictions, conditions, covenants, reservations and rights
as Covenants running with the land on said Shadow Oaks, Section 4, to-wit: 1.
All of the plots, areas or lots shown on the recorded plat of
the Subdivision, shall be known and described as Residential lots except
as hereafter provided in paragraph (19).
No building shall be erected, altered, placed or permitted to
remain on any Residential lot, other than one detached single family
dwelling, not to exceed one (1) story in height, and an attached or
detached private garage, and/or any other outbuilding incidental to
residential use of said Residential lots, provided such outbuilding
shall comply in all respects to the restrictions, conditions, and covenants
herein set forth. 2. No building shall be erected, placed or altered on any residential lot in this subdivision until the building plans, specifications and plot plans showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in said Subdivision, and as to location of the building with respect to topography and finished ground elevation, by a Committee composed of E. Elmo Clark, John V. Wheat and Samuel F. Marshall, all of Harris County, Texas, or by a representative designated by said Committee. In the event of death or resignation
of any member of said Committee, the remaining number or numbers shall
have full authority to approve or disapprove such design or location,
or to designate a representative with like authority.
In the even said Committee, or its designated representative
fails to approve such design and location within 30 days after said
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 be deemed
to have been fully complied with.
Neither to members of such Committee
nor a daily authorized representative shall be entitled to any
compensation for services performed pursuant to this covenant.
The powers and duties of such Committee, or its representative
shall cease December 31, 1959.
Thereafter the approval described in these covenants 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
exercised by said Committee. 3.
No dwelling shall be located nearer to the front lot line or
nearer to the side street line of said Residential lots than the building
set back lines shown on the recorded plat.
No building except a detached garage shall be located nearer
than 5 feet to any side lot line of any Residential lot, nor nearer
to the back lot line than 5 feet. 4.
No residential structure shall be erected, placed, or permitted
on any residential lot which has an area and width less than the full
size Residential lots as shown on the recorded plat of said Subdivision,
nor shall such structure contain less than (51%) brick or stone masonry
in the outside walls, nor shall asbestos siding nor composition roofs
be used or permitted on any dwelling on said Residential lots, nor shall
pea gravel roofs be permitted, but such restriction does not include
marble type roofs. 5.
No noxious or offensive trade or activity shall be carried on
upon any lot or plat, nor shall anything be done thereon which may be
or become any annoyance or nuisance to the neighborhood. 6.
All easements, including easements for utilities and drainage
facilities, are reserved as indicated or shown on the recorded plat
of said addition. 7.
There is also dedicated unobstructed aerial easement five (5)
feet wide from a plane (20) feet above the ground upward, located adjacent
to all easement shown on the recorded plat of said addition. 8.
The ground floor area of a main structure, exclusive of open
porches and garages, shall be not less than 1600 square feet for a one
story dwelling on all Residential lots.
(For the purpose of this paragraph 50% of the area of a screened
porch may be included in the ground floor area of the main structure
on any said Residential lots up to a maximum of 60 square feet. 9.
No garage shall be constructed after completion of the main dwelling,
unless the materials and design are in harmony with the main dwelling
and approved by the aforementioned Committee. 10.
No sign of any kind shall be displayed to the public view on
any Residential lot except one sign of less than five 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. 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 or drilling
for oil or natural gas shall be erected, maintained or permitted upon
any lot. 12.
No lot shall be used or maintained as a dumping ground for refuse,
rubbish or 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. 13.
No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot, except dogs, cats or other household pets may
be kept, provided, that they are not kept, bred, maintained for any
commercial purposes. 14.
No trailer, basement, tent, shack, garage, barn or other outbuilding
erected on any residential lot shall at any time be used as a residence
temporarily residence, or real estate office, temporary or permanent. 15.
No individual water supply system shall be permitted on any lot,
nor shall individual sewerage disposal systems be permitted thereon. 16.
No fence, wall, hedge, shrub planting which obstructs sight lines
at elevations between 2 and 6 feet above the roadways shall be permitted
to remain on any lot closer than 10 feet from any street property line
and / or within the triangular area formed by any street property lines
and a line connecting them at points 25 feet from the intersection of
the street lines, or in the case of a rounded property corner from the
intersection of the street property line extended. No fence or
wall of any type shall be permitted to remain on any lot between the
building set back line and the paved portion of the street. The
same sight line limitations shall apply on any lot within 10 feet from
the intersection of a street property line with the edge of a driveway
or alley pavement. No trees shall be permitted to remain within such
distance of such intersection unless the foliage line is maintained
at sufficient height to prevent obstruction of such site lines. 17.
Each and every resident or Residential lot owner in this subdivision
or addition shall comply strictly with each and all legal sanitary,
health and police laws, ordinances and regulations as same now exist
or may hereafter exist. 18.
No fence, wall or other structure of similar nature shall be
permitted nearer to the front lot line than the building line as shown
on the recorded plat of the subdivision. 19. Statewide Land Co. hereby reserves unto itself, it successors and assigns the right, at its option, to use lots eight (8) and nine (9) in block eighteen (18) of the said Shadow Oaks Section 4 fro the purpose of drilling, constructing and marinating a water well and constructing and maintaining all necessary appurtenances to the operation thereof. Should a water well and the necessary appurtenances be installed on said lots and later be abandoned or should Statewide Land Company or its successors or assigns deem such water well unnecessary, the said lots may thereafter be used as home sites, subject to all of the restrictions herein contained.
20. These covenants are to run
with the land and shall be binding or all parties and all persons claiming
under them until December 31, 1992, at which time said covenants shall
be automatically extended for successive periods of ten years unless
an instrument signed by a majority of the owners of the lots has been
recorded agreeing to change said covenants in whole or in part. 21.
If the parties hereto or any of them or successors or assigns
or any future owner or owners of the lots in this subdivision shall
violate any of the covenants herein, it shall be lawful for any other
person owning any or said lots in said Subdivision to prosecute any
proceeding at law or in equity against the person or persons so violating
or attempting to violate any such covenant and either prevent him or
them from so doing or to recover damages or other relief for such violation. 22.
The foregoing remedies are cumulative of any in addition to all
other remedies and relief allowed by law and/or is equity to any and
all residents and/or let owners in such Subdivision who are or may be
injured, damaged or inconvenienced by the violation of any other resident
or lot owner or owners in these provisions as some now exist or may
hereafter exist. 23. Invalidation of any one or more of these covenants by judgment or other court order shall in so wise affect any of the other provisions which shall remain in full force and effect. Carter Groves
and Samuel F. Marshall, the present owners of a lien covering the property
herein described do by the execution of this instrument join in the
placing of the above restrictions, reservations, easements and covenants
on Shadow Oaks, Sections Three, and agree that the dedication and Subdivision
of said property by the above-actioned plat shall continue in full force
and effect and be binding upon them, their heirs and assigns. Executed this the 1st day of March, 1957.
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