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04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
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04-18-2002 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission
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City Meetings
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Planning & Zoning Commission
Meeting Doc Type
Minutes
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4/18/2002
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<br />. <br /> <br />. <br /> <br />initial term of these Protective Covenants, the same may be altered or amended, but not <br />terminated, by a written declaration signed and acknowledged by then owner of not less than 75% <br />of the land described on Schedule "1" to this Exhibit "_" (the "Benefitted Land"). During any <br />extension term of these Protective Covenants, the same may,be altered or amended by a written <br />declaration signed and acknowledged by the then owners ,of not less than 51 % of the land area <br />contained within the Benefitted Land and recorded in the Real 'Property Records of~arris <br />County, Texas. Nothing in this paragraph shall be construed as requiring the joinder of any <br />mortgages or lessee of any property iri any declaration or action to alter, amend or extend these <br />Protective Covenants. These Protective Covenants may be canceled, at any tiine by a written , <br />agreement signed and acknowledged by the then owners of all the land area within the Benefitted <br />Land, which agreement shall be filed in the Real Property Records of Harris County, Texas. <br /> <br />19. Severability. Invalidation of any one of these Protective Covenants shall ,not affect <br />any ,other 'of these Protective Covenants, which shall remain iri full force ,and effect. <br /> <br />20. Notices. Any notice sent to any owner of a Building Site pursuant to these <br />Protective Covenants shall be deemed to have been properly sent when mailed, postpaid, to the <br />last known address of the person who appears on the records of the Grantor as owner of the ' <br />applicable Building Site at the date of such mailing. <br /> <br />71. Variances. The Grantor , it~ successors or assigns shall have the right on behalf of all <br />land now or hereafter subject hereto to waive in writing minor variances of any Protective <br />Covenants where the same iS,'in the judgement of the Grantor, its successors or assigns, beneficial <br />to the Property, whether or not such variance or variances are in existence or are prospective. <br /> <br />22. Additions. The Grantor may from time to tim~, at the Grantor's sole discretion, add <br />or annex additional land to these Protective Covenants. Such addition or annexation shall be <br />accomplished by the execution by the Grantor and filing in the Real Property Records of Harris <br />County, Texas of an instrument setting forth the land to be added or annexed and subjecting the <br />same to the Protective Covenants. <br /> <br />. , <br />23. Non-Uniformity. Thes,e Protective Covenants may not be identical to,the protective, <br />covenants which the Grantor may now or ,hereafter impose on the other Benefitted Land or on <br />other property owned by the Grantor alone or with others in the vicini~ of the Property. <br />However, such nonunifonnity shall not affect the validity and enforceability of these Protective <br />Covenants as to the Property, and further, these Protective Covenants shall not be extended by <br />implication to any other land other than the Property. ' <br /> <br />24. Conflict with Deeds of Conveyance. Ifany part of these Protective Covenarits shall <br />be in conflict with any covenant, condition or restriction ~thin a previously recorded deed of <br />conveyance to any portion of the Property, the covenants, conditions or restrictions within such <br />prior dead of conveyance shall govern, but. only to the extent of such conflict. Where certain <br />rights are reserved by the Grantor in these Protective Covenants, the Grantor reserves the fight .to <br />make certain modifications therein a$ necessary in deeds of conveyance, in which case the terms <br />, of the deeds of conveyance shall prevail. However,'in no event shall any conflict herein take <br />
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