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II - ASKINS & ARMSTRONG, P.C. P. O. Box 1218, La Porte, Texas 77572-1218 Telephone: 281-471-1886 Telecopier: 281-471-2047 Memo To: Nick Finan, Interim Director of Planning, City of La Porte From: John D. Armstrong, Asst. City Attorney, City of La Porte CC: John Joerns, Asst. City Manager, City of La Porte Debra Fezealle, city Manager, City of La Porte Date: January 5, 2004 Re: Bob Capen Request for Removal of Deed Conditions in Shady Rivers Pursuant to your request I have reviewed the Deed Restrictions in Shady River Subdivision, as well as briefed State law, and City zoning, platting and development ordinances relating to Bob Capen's request to remove the restriction in that certain Special Warranty Deed dated September 11, 1995, from the City of La Porte to Robinson Capen and wife, Marian V. Capen. A copy of the deed is attached, and I would point you to the development language regarding the restriction, which follows: RESTRICTION: The herein conveyed property is restricted to use as a side yard to Lot 6, Block 3, Shady River, Section 2. No improvements may be constructed on the property without the prior written consent of Grantor (City of La Porte). A review of the Shady River deed restrictions shows the following language: 2(f) Lots or fractions of lots may be combined to form a single lot as if originally platted as such on the plat, ... but such combination must be approved by the association which shall create new side lot lines, and which shall withhold such approval if each new lot formed is not at least as large as one of the lots from which it is formed. A review of State law indicates that no recombination of property or description of property in a platted subdivision shall take place, unless the property is replatted. The replat process involves a public hearing, and provides that no deed restrictions . Page 1