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<br />;. (-. <br /> <br />JSM:mh <br /> <br />10/29/7. <br /> <br />.; <br /> <br />... <br /> <br />.?- . ',0::. <br /> <br />. <br /> <br />. ... <br /> <br />I .. I <br /> <br />restrictions shall be neld to be invalid, or for any reason is not enforced, <br /> <br />none of the others shall be affected or impaired thereby, but shall remain in <br /> <br />full force and effect; such restrictions shall be effective from the date <br /> <br />of this deed to January 1, 2000, and shall automatically be extended thereafter <br /> <br />for successive periods of ten (10) years; provided, however, that the owners <br /> <br />of a majority of the square foot area of the lots in said Addition (the term <br /> <br />[ <br />-,- <br /> <br />"Addition" as used herein shall mean presently developed Sections 1, 2 and 3 <br /> <br />--- <br /> <br />of Fairmont Park, and Section I of Fairmont Park West; and any subsequent <br /> <br />c <br /> <br />sections thereof developed in the future) may release or modify anyone or <br /> <br />more of said restrictions, as to all or any part of the land herein conveyed, <br /> <br />on either January 1, 2000, or at the end of allY successive ten year period <br /> <br />thereafter, by executing and acknowledging an appropriate agreement or agree- <br /> <br />ments in writing for such purpose, and filing same for.record in the office <br /> <br />of the County Clerk of Harris County, Texas; at any time prior to January 1, 1995, <br /> <br />or at any time prior to five years preceeding the expiration of any successive <br /> <br />ten year period thereafter;, such restrictions being as follows; to wit: <br /> <br />(a). This property shall be used for. the purposes of constructing, <br />equipping, maintaining and operating a public park, playground, <br />and recreational facility, and for other uses incident thereto, <br />for the amusement, pleasure and recreation of residents of the <br />City of La Porte, Texas; and for the use of the public, generally, <br />if the City of La Porte so elects; the said City of La Porte <br />having the right to adopt reasonable rules and regulations with <br />reference to the'use of said property for such purposes; but the <br />property shall be used fo~ no other purposes; and, <br /> <br />(b). Expressly, but not by way of limitation, this property shall <br />not be used for: 're.sidence or commercial purposes, the term <br />"residence or comme,rcial purposes", as used herein, shall be held <br />and construed to include hospitals, single family dwellings, <br />duplex houses, or apartments, and any commercial or professional <br />uses, and to include any development operations or drilling for <br />oil, gas or other minerals, or any refining or quarrying, or mining, <br />or to the placing or maintaining on the premises of any tanks, <br />wells, shafts, mineral excavations, derricks, or structures of <br />any kind incident to any such oil, gas or mineral operations; and <br />any such use of this property is expressly prohibited; and, <br /> <br />(c). No part of the premises shall.be used for the dumping of <br />trash, garbage, ashes, refuse, or other waste (except as incident <br />to construction on the premises, and only during such <br />construction, and a reasonable time thereafter); and trash, <br />garbage, ashes, refuse, or other waste incident to the operation <br />of the facilities constructed on the premises shall not be <br />burned or collected at, or from, any part of the premises closer <br />than 300 feet to: the northerly line of the property (along <br />Collingswood Road) or the easterly line of the property (along <br />Farrington Boulevard); and, <br /> <br />(d). No horses, cattle, hogs, livestock or other animals, or <br /> <br />-3- <br />