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County of Harris: That Statewide Land Co. a corporation
owner of that certain tract of land known as Shadow Oaks, Section 6,
being a subdivision of 13.5970 acres out of the George Bellows Survey,
Abstract 3, in Harris County, Texas, according to the map or plate thereof
filed for record in the office of the County Clerk of Harris County,
Texas, and recorded in Volume 73 at page 29 of the map records of Harris
County, Texas, does desire to place the restrictions hereinafter set
forth upon said Shadow Oaks, Section 6, and to have a written instrument
of record to define said restrictions: Now, therefore, said corporation, incorporated in Texas, acting herein by and through its 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 6, to-wit: 1.
All of the plots, area or lots shown on the recorded plat of
the Subdivision, shall be known and described as Residential lots.
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 (1-1/2) 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 lot 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 Carter Groves, John V. Wheat and H.H. Hatfield, 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 member or members shall have full authority to approve
or disapprove such design or location, or to designate a representative
with like authority. In the event 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 commended prior to the completion
thereof, such approval will not be required and this covenant shall
be deemed to have been fully complied with.
Neither the members of
such Committee nor a duly 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, 1962. 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 or 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 plot, 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 an unobstructed aerial easement five
(5) feet wide from a plane twenty (20) feet above the ground upward,
located adjacent to all easements shown on the recorded plat of said
addition. 8.
The ground floor area of the main structure, exclusive of open
porches and garages, shall be not less than 1800 square feet for a one
story dwelling on all residential lots.
The total square footage for one and one-half (1-1/2) story dwelling,
on both ground and second floor combined, shall not be less than 2000
square feet exclusive of porches and garages. 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 not more 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, and the y may not be bred and raised in letters on any lot,
especially for commercial purposes. 14.
No trailer, basement, tent, shack, garage, barn or other outbuilding
erected on any residential lot shall at any time be used a residence
temporarily or permanently, nor shall any structure of a temporary character
be used as a 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, or shrub planting which obstructs sightlines
at elevation 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 are 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 lines, 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 limitation 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 sight 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.
These covenants are to run with the land and shall be binding
on all parties and all persons claiming under them until December 31,
1993, 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. 20.
If the parties hereto
or any of them or their 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 of 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. 21.
The foregoing remedies and relief allowed by law and/or in equity
to any and all residents and/or lot owners in such Subdivision who are
or any be injured, damaged, or inconvenienced by the violation of any
other resident or lot owner or owners in these provisions as same now
exist or may hereafter exist. 22.
Invalidation of any one or more of these covenants by judgment
or other court order shall in no 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 liens 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,
Section Six, and agree that the dedication and Subdivision of said property
by the above mentioned plat shall continue in full force and effect
and be binding upon them, their heirs, and assigns. Executed this the 28th day of October,
1960.
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