HOUSTON SKYSCRAPER SHADOWS SUBDIVISIONDEED RESTRICTION OUTLINE

1. Statement of Purpose

2. Description of Properties covered by this SupplementalDeclaration

3. Definitions

4. Deed Restrictionsa. Easementsb. Mineral Operationsc. Single Family Residential Constructiond. Minimum Square Footagee. Lot Sizef. Location of Lot Improvements or Constructiong. Combined Building Siteh. Prohibition of Offensive Activitiesi. Temporary Structuresj. Storage of Automobiles, Boats, Trailers and other

Vehiclesk. Animals1. Fencesm. Visual Obstructionsn. Lot Maintenanceo. Signs, Advertisements, Billboardsp. Roofing Materialg. Maximum Height of Antennaer. Drivewayss. Annexationt. Prohibition of Accessu. Swimming Pools

5. Architectural Review

6. Deed Restriction Enforcement

7. Duration of and Amendment to Deed Restrictions

8. Description of the Civic Cluba. Purposeb. Books and Records

9. Severability

10. Binding

11. Interpretation

12. Omissions

1. STATEMENT OF PURPOSE

The following are a renewal and replacement of the originaldeed restrictions in effect since the inception of SkyScraperShadows subdivision, Section I, II, and III, such restrictionswhich have become out of step with today's realities and areabout to expire. These replacement deed restrictions updatethose original deed restrictions.

2. DESCRIPTION OF PROPERTIES COVERED BY THIS REPLACEMENTDECLARATION

THE STATE OF TEXASCOUNTY OF HARRIS

WHEREAS, Houston Skyscraper Shadows land owners both presentand future are collectively owners of that certain acre tractof land which has been heretofore platted and subdivided intothat certain subdivision known as HOUSTON SKYSCRAPER SHADOWS,a subdivision of parts of the SARAH J. WILLIAMS and JOHNRANDON surveys, said owners hereinafter collectively referredto as HSS owners, as shown by map or plat of said subdivisionduly filed in the office of the County Clerk of Harris County,Texas, under County Clerk's file Nos. 804863, 823538, and842873, reference to which is hereby made. Such HSS ownersand their successors in interest establish, adopt, promulgateand are hereby made subject to the following restrictions,covenants, conditions, easements and reservations to applyuniformly to the use, occupancy and conveyance of all lots insaid HSS for the benefit of the present and future owners ofsaid lots. Such original and subsequently heretofore modifiedrestrictions, covenants, conditions, easements andreservations which were part of the consideration for theexecution of the original deed currently affect the propertyin said subdivision and which as hereby modified shall runwith and burden the title to the property as previously andin the future conveyed and shall be binding upon the OriginalGrantees, their heirs, successors and assigns.

3. HOUSTON SKYSCRAPER SHADOWS CIVIC CLUB DEFINITIONS

a. "Civic Club" shall mean and refer to the HoustonSkyScraper Shadows (HSS) Civic Club, its successors andassigns. The association has the power and authority toenforce or cause to be enforced those provisions asprovided herein.

b. "Owner" shall mean and refer to the owner of record, orif such lot is subject to a term purchase contract, tothe contract purchaser, whether one or more persons andentitles of a fee simple title to any lot which is a partof the properties including contract sellers but

excluding those having such interests merely as securityfor the performance of an obligation.

c. "Lot" and/or "Lots" shall mean and refer to any plot ofland shown upon any recorded subdivision map of theproperties.

d. "Supplemental Declaration" shall mean and refer to anyaddition to this Declaration of Covenants andRestrictions bringing additional property within thescheme of this Declaration under the authority providedherein. References herein (whether specific or general)to provisions set forth in "all (any) SupplementalDeclarations" shall be deemed to relate to the respectiveproperties covered by such Supplemental Declarations.

e. "The Subdivision" shall mean and refer to SKYSCRAPERSHADOWS, SECTION ONE, TWO AND THREE.

f. "Subdivision Plats" shall mean and refer to therespective maps or plats of Skyscraper Shadows Section

• One, Two and Three recorded in the Map Records of HarrisCounty, Texas.

g. "Declarant" shall mean any HSS land owner or collectivelyland owners as described above.

h. "Driveway" shall mean concrete, asphalt or aggregatematerial, or other such materials hard enough to driveon other than unimproved dirt.

i. "Inoperable vehicle" is defined as disabled and visiblefrom a public place and one of the following; (1) iswrecked or otherwise partially or fully dismantled; (2)is carrying expired state license tags or invalid stateinspection stickers; or (3) has not run for 45 continuousdays.

4. DEED RESTRICTIONS

a. EasementsDeclarant reserves the easements and rights-of-wayas shown on the recorded subdivision map of theProperties for the purpose of constructing,maintaining and repairing a system or systems ofelectric lighting, electric power, telegraph andtelephone line or lines, gas and sewers. Thedesignated easement on each side of the propertyline is five feet (5 ft.). Neither Declarant norany utility company using the easements hereinreferred to, shall be liable for any damages doneby them or their assigns/ their agents, employees

or servants, to fences, shrubbery, trees or flowersor any other property of the Owner on the landcovered by said easements. Permanent structures,including fences, shall not be erected in a drainageeasement which inhibits the free flow of water oraccess to the easement by drainage crews orequipment.

b. Mineral OperationsNo oil drilling, oil development operations, oilrefining, quarrying or mining operation of any kindshall be permitted upon or in any lot, nor shall anywells, tanks, tunnels, mineral excavation or shaftsbe permitted upon or in any lot. No derrick orother structures designed for the use in boring foroil or natural gas shall be erected, maintained orpermitted upon any lot.

c. Single Family Residential ConstructionNo building shall be erected, altered or permittedto remain on any lot other than one detached singlefamily residential dwelling not to exceed two (2)stories in height and a private garage for not lessthan one (1) nor more than three (3) cars andbonafide servants' quarters which structures shallnot exceed the main dwelling in height or number ofstories and which structure may be occupied only bya member of the family occupying the main residenceon the building site or by domestic servantsemployed on the premises which may be built on therear one-third of each lot. Said single familyresidence shall not be used for a business of anytype.

The main residence shall be constructed of qualitymaterial of a nature to withstand the extremes ofthe Gulf Coast. The exterior of the main residenceshall be brick, stone, glass, residential siding orother masonry material (masonry material does notinclude concrete block as either an internal orexternal surface). Steel buildings are forbidden.The front of the resident shall face the frontproperty line on said lot.

One (1) Greenhouse and one (1) permanent typestorage building of not more than 400 square feeteach are allowed. Such greenhouses and storagesheds shall not exceed one (1) story in height andshall not be occupied.

d. Minimum Square FootageNo homes shall be built on said property containing

less than one thousand two hundred and fifty (1,250)square feet living area for a one-story dwelling andnot less than two thousand (2,000) square feetliving area for a two story dwelling exclusive ofopen porches and garages. If not of masonryconstruction, all structures shall, beforeoccupancy, be painted on the exterior with two coatsof paint, and shall have a tiled, shingled orgraveled roof.

e. Lot SizeNo lot shall be less than 50'W x 120 'L unlessoriginally platted as such.

f. Location of Lot improvements or ConstructionAny tract of land as defined herein within theboundaries of this subdivision shall be considereda lot for the purpose of these restrictions. Nopart of any structure shall be built nearer to thefront property line or street side property linethan 25 feet or nearer to the side property linethan 10 feet or rear property line nearer than 15feet, or nearer than the minimum setback line shownon the Plat recorded with the Planning andDevelopment Department, which ever is farthest.

Subject to the provisions of these replacement DeedRestrictions, no part of the house buildings, garageor permitted accessory building as described in "c"above shall be located nearer than five (5) feet toan interior lot line. A garage or other permittedaccessory building must be located seventy (70) feetor more from the front lot line. For the purposesof this covenant, eaves, steps and unroofed terracesshall not be considered as part of a buildingprovided, however, that this shall not be construedto permit any portion of the construction on a lotto encroach upon another lot.

g. Combined Building SiteAny owner of one or more adjoining lots or portionsthereof may consolidate such lots or portions intoone building site with the privilege of placing orconstructing improvements on such resulting site inwhich case setback lines shall be measured from theresulting side property lines rather than from thelot lines as indicated on the recorded plat. Anysuch composite building site must have a frontageat the building setback line of not less than theminimum frontage of the lots in the same block.

h. Prohibition of Offensive ActivitiesNo activity, whether for profit or not, shall becarried on any lot which is not related to singlefamily residential purposes. No noxious, unlawful,immoral, or offensive activity of any sort shall bepermitted nor shall anything be done on any lotwhich may be or become an annoyance or a nuisanceto the neighborhood.

i. Temporary StructuresNo structure of a temporary character such as amanufactured home, storage shed, tent, shack, barnor other portable outbuilding shall be used on anylot at any time as a residence. Temporarystructures used as building offices and for otherrelated purposes during the construction period(such period not to exceed one (1) year in length)must be inconspicuous and sightly. No outsidetoilet (except those required by the city during theconstruction period) shall be installed ormaintained on any premises and all plumbing shallbe connected with the City of Houston water andsewer system.

j. Storage of Automobiles, Boats, Trailers and otherVehicles

Passenger automobiles, passenger vans, motorcycles,pick-up trucks, or pick-up trucks with attached bedcampers, that are in operating condition, havingcurrent license plates and inspection stickers, andare in daily use as motor vehicles on the streetsand highways of the State of Texas are permitted tobe parked on any part of any lot in the subdivision.Such vehicles may not be semi-permanently stored inthe public street, right-of-way, easement, or commonarea. Semi-permanent is defined as exceeding atwelve (12) hour period of time. Larger vehiclessuch as dump trucks, heavy duty wreckers, busses andcommercial vehicles and trailers are prohibited.

No non-motorized vehicles, inoperative automobilesor pickup trucks or vans, trailers, recreationalvehicles, travel trailers, boats, marine craft,hovercraft, aircraft, machinery or equipment of anykind are to be permanently or semi-permanentlystored in the public street, right-of-way, easementof common area. Storage in driveways within the lotis permissible if either within the garage; orbehind a fence twenty-five feet (25 ft.) or morefrom the front of the lot which encloses the rearof the lot only if kept neat and weed free with theexception of inoperative motor vehicles which must

be in a garage or under a car port. Such permanentor semi-permanent storage shall not exceed one ofeach of the above items.

k. Animal HusbandryNo animals, livestock or poultry of any kind shallbe raised, bred or kept on any lot except that nomore than three in total of any dogs, cats or othercommon household pets may be kept provided that theyare not kept, bred or maintained for commercialpurposes and are sufficiently restrained such thatthey pose no hazard to the public.

1. Walls, Fences and HedgesNo solid walls or hedges in excess of three (3) feetshall be erected or maintained between the frontproperty line on such lot and the front wall of anydwelling.

Chain link fencing up to five (5') feet maybeinstalled on the front property line of such lot.Such barrier shall not obstruct the view of theroadway.

Side fences from the front property line to thefront wall of any dwelling (25' set back) shall notbe solid walls or hedges in excess of three (3')feet. Chain link fencing up to six (6') feet isallowed from the front property line to the frontwall of the dwelling (25' set back line).

Side fences beyond the front wall of the dwellingto the rear property line of such lot may beconstructed of wood, chain link or masonry, not toexceed six (6') feet.

m. Visual ObstructionsNo object or thing which obstructs site lines atelevations between two (2) feet and six (6) feetabove the roadways within the triangular area formedby the intersecting street property lines and aline connecting them at points twenty-five (25) feetfrom the intersection of the street property linesor extensions thereof shall be placed, planted orpermitted to remain on any corner lots.

n. Lot MaintenanceThe owners or occupants of all lots shall at alltimes keep all weeds, grass, and trees thereon cutin a sanitary, healthful and attractive manner andshall in no event use any lot for storage ofmaterials and equipment except for normal

residential requirements or incident to constructionof improvements thereon as herein permitted, orpermit the accumulation of garbage, trash or rubbishof any kind thereon and shall not burn anything.

o. Signs, Advertisements, BillboardsExcept for signs owned by builders advertising modelhomes during the period of original homeconstructions, home sales, and political yard signs,no signs, advertisement or billboard or advertisingstructure of any kind other than a normal "ForSale", For Rent", "For Lease", and "Garage Sale-sign not to exceed five (5) square feet in totalsize may be erected or maintained on any lot in saidsubdivision. The HSS Civic Club or its assigneewill have the right and the right is hereby grantedto remove any such sign, advertisement or billboardor structure which is placed on said lot and in sodoing shall not be subject to any liability oftrespass or other sort in the connection therewithor arising with such removal.

p. Roofing MaterialThe roof of any building shall be constructed orcovered with asphalt or composition type shinglesor (2) crushed marble slag or pea gravel set in abuilt-up type roof. Any other type roofing materialshall be permitted only at the sole discretion ofthe HSS Civic Club upon written request.Composition or fiberglass shingles shall bepermitted only when of "timberline quality", 240Ibs. Tile shingles are acceptable. Mo sheet metalor roll type roofs shall be permitted.

q. Maximum Height of AntennaeMo radio or television aerial wires or antennaeshall be maintained on any portion of anyresidential lot forward of the front building lineof said lot; nor shall any free standing antennaeof any style be permitted to extend more than ten(10) feet above the roof of the main residentialstructure on said lot. Satellite dishes arepermitted provided they are behind the frontbuilding line of said lot and are out of sight atall times of the public.

r. DrivewaysAll private driveways shall be constructed ofconcrete, asphalt or other types of masonry materialaffixed together by concrete or crushed nonpermeable material hard enough to drive on in alltypes of weather to be of permanent nature

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(excluding earthen dirt). This includes all drivingor parking areas connecting the garage to the mainstreet.

s. AnnexationAdditional residential property and common area maybe annexed to the properties with the consent of atleast fifty percent (50%) of the Lot Owners. Italso shall be a condition precedent to theprovisions of this paragraph becoming in any wayeffective and enforceable, that appropriatereference to this paragraph be made in therestrictive covenants imposed upon any suchadditional section thereby adopting the provisionsof t his instrument to the end that the restrictionsimposed on all sections be construed andadministered collectively and in harmony with thisdocument.

t. Prohibition of AccessLots as described herein .which have their backproperty line adjacent to or back up to propertieswhich front what is now called Almeda-Genoa (thoselots on the south side of Constellation and thenorth side of Swiss) are expressly prohibited frombeing used in any way as access to, as a parking lotfor, or for any purpose in conjunction with saidproperty fronting on what is now called Almeda-Genoa .

u. Swimming PoolsSwimming pools constructed at any residence shallbe to the rear of the residence and shall beenclosed by a fence with a minimum height of forty-eight (48") inches unless state law or localordinance requires a fence of higher dimension. Themaximum span between pickets shall be four inches(4"). All accessible openings shall be closed byself closing/locking gates.

5. ARCHITECTURAL REVIEW

In order for the properties described herein to be protectedand the values enhanced, it is necessary that they be subjectto Architectural Review from time to time. The HSS Civic Clubreserves the right to review the plans and specifications toinsure compliance with said Deed Restrictions. The HSS CivicClub in conjunction with the City of Houston PlanningCommission and their successors shall facilitate theenforcement of these Deed Restrictions.

6. DEED RESTRICTION ENFORCEMENT

The HSS Civic Club as a representative of all the HSSresidents shall have the right to enforce by and proceedingat law or in equity all restrictions, conditions, covenants,reservations or hereafter imposed by the provisions of thesedeed restrictions. Failure by the Civic Club to enforce anycovenant or restriction herein shall in no event be deemed awaiver of the right to do so thereafter.

7. DURATION OF AND AMENDMENT TO DEED RESTRICTIONS

The covenants and restrictions of this declaration shall runwith and bind the land described herein for a term of twenty(20) years from the date this Declaration is recorded, afterwhich time they shall be automatically extended forsuccessive periods of ten (10) years. These declarations maybe amended during the first twenty (20) year period by aninstrument signed by not less than 60% of the Lot Owners, andthereafter by an instrument signed by not less than fiftypercent (50%) of the Lot Owners. Any Amendment must berecorded.

8. DESCRIPTION OF THE CIVIC CLUB

The "HSS CIVIC CLUB" has been formed and is the duly electedorganization of and for the HSS community.

a. Purpose: The purpose of the "HSS CIVIC CLUB" in generalshall be to provide for and promote the health, safety,and welfare of the members as well as the preservationof land and home value and such other purposes as statedin the Articles of Incorporation consistent with theprovisions of this Declaration and all SupplementalDeclarations.

b. Books and RecordsThe books, records and papers of the HSS Civic Clubshall, during reasonable business hours, be subject toinspection by any member. The articles of Incorporation,By-Laws of the HSS Civic Club and Restrictive Covenantsshall be available for inspection by any member uponrequest to the HSS Civic Club President.

9. SEVERABILITY

Invalidation of any one of these covenants, restrictionsconditions or provisions contained in this Declaration or anypart thereof, whether by judgement or court order or othermeans shall in no wise affect any other covenant, restrictioncondition or provision which shall remain in full force andeffect.

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10. BINDING

The foregoing covenants and restrictions shall be binding uponthe present owner, purchaser and the successors, heirs andassigns of the present owner or purchaser.

11. INTERPRETATION

If this Supplemental Declaration or any word, clause,sentence, paragraph or other part thereof shall be susceptibleof more than one or conflicting interpretations, then theinterpretation which is most nearly in accordance with thegeneral purposes of this Supplemental Declaration shallgovern.

12. OMISSIONS

If any punctuation, word, clause, sentence or provisionsnecessary to give meaning, validity or effect to any otherword, clause, sentence or provision appearing in thisSupplemental Declaration shall be omitted here from, then itis hereby declared that such omission was unintentional andthat the omitted punctuation, word, clause, sentence orprovisions shall be supplied by inference.

The members of the HSS Civic Club and 51% of the propertyowners have executed this Supplemental Declaration to evidenceits approval and election to bring the Properties within thescheme of this Supplemental Instrument.

IN WITNESS WHEREOF, the undersigned, being the Declarantherein and the members of the Houston SkyScraper Shadows CivicClub and Property Owners have executed this SupplementalDeclaration to be effective this £L\ day of^^r-W\N- , 1995.

Dated this .̂H day of C *A, \-.c. r- , 1995.

HOUSTON SKYSCRAPER SHADOWS CIVIC CL

JOHNE.MEADOR.- • -wi^i MYCOMIISSONEXWESfefirf ^24,1987

SECRETARY r \SUBSCRIBED AND SWOHN BEFORE UC v

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