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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 2003-2679 <br /> <br />AN ORDINANCE AMENDING RESTRICTION CONTAINED IN DEED FROM THE CITY <br />OF LA PORTE TO ROBINSON CAPEN AND WIFE, MARIAN V. CAPEN, DATED <br />SEPTEMBER 11, 1995, ON A PORTION OF LOT 5, BLOCK 3, SHADY RIVER, <br />SECTION 2, HARRIS COUNTY, TEXAS, TO PROVIDE THAT THE RESTRICTED <br />PROPERTY MAY BE USED AS A DRIVEWAY EASEMENT, FROM OAK LEAF AVENUE <br />TO THE ADJOINING PROPERTY ON THE SOUTH; FINDING COMPLIANCE WITH <br />THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br /> <br />Section 1. The City of La Porte has heretofore conveyed, by <br /> <br />Special Warranty Deed dated September 11, 1995, a portion of Lot <br /> <br />5, Block 3, Shady River, Section 2, a subdivision in Harris <br /> <br />County, Texas. A copy of said Special Warranty Deed is attached <br /> <br />to this Ordinance as Exhibit "A", and incorporated by reference <br /> <br />herein. <br /> <br />Section 2. The City Council of the City of La Porte hereby <br /> <br />amends the restriction contained in said Special Warranty Deed, to <br /> <br />provide that the restricted property may be used as a driveway <br /> <br />easement. The side yard only restriction from said deed is hereby <br /> <br />removed. Only a driveway is permitted to be constructed on the <br /> <br />property, and no other improvements are approved in any shape or <br /> <br />form, including water, sewer, drainage, or any above-ground <br /> <br />improvements whatsoever. The driveway hereby approved is only to <br /> <br />serve one single-family residence, and is not to be utilized for <br /> <br />any other purpose. If the driveway turns out to serve other than <br /> <br />one single-family residence, the lifting of this restriction in <br /> <br />said Special Warranty Deed is void. No other improvements may be <br />