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HomeMy WebLinkAboutO-2003-2679 . . ORDINANCE NO. 2003-2679 AN ORDINANCE AMENDING RESTRICTION CONTAINED IN DEED FROM THE CITY OF LA PORTE TO ROBINSON CAPEN AND WIFE, MARIAN V. CAPEN, DATED SEPTEMBER 11, 1995, ON A PORTION OF LOT 5, BLOCK 3, SHADY RIVER, SECTION 2, HARRIS COUNTY, TEXAS, TO PROVIDE THAT THE RESTRICTED PROPERTY MAY BE USED AS A DRIVEWAY EASEMENT, FROM OAK LEAF AVENUE TO THE ADJOINING PROPERTY ON THE SOUTH; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore conveyed, by Special Warranty Deed dated September 11, 1995, a portion of Lot 5, Block 3, Shady River, Section 2, a subdivision in Harris County, Texas. A copy of said Special Warranty Deed is attached to this Ordinance as Exhibit "A", and incorporated by reference herein. Section 2. The City Council of the City of La Porte hereby amends the restriction contained in said Special Warranty Deed, to provide that the restricted property may be used as a driveway easement. The side yard only restriction from said deed is hereby removed. Only a driveway is permitted to be constructed on the property, and no other improvements are approved in any shape or form, including water, sewer, drainage, or any above-ground improvements whatsoever. The driveway hereby approved is only to serve one single-family residence, and is not to be utilized for any other purpose. If the driveway turns out to serve other than one single-family residence, the lifting of this restriction in said Special Warranty Deed is void. No other improvements may be . . constructed on the restricted property, without the prior written consent of the City of La Porte. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ,j... CU\ day of ~, 2004. CITY OF LA PORTE J By, lL~~4~ Mayor ATTEST: . M~~~~ City Secretary ~~lJlf .8;~16t1 . 505-39-0836 vJ\/ SPECIAL WARRANTY DEED Date: September 11, 1995 "'tInS !0004!9K . Sl2U4 ll5.oe Grantor: CITY OF LA PORTE, a municipal corporation P.O. Box 1115, La Porte, TX 77572 Mailing Address: Grantee: ROBINSON CAPEN and wife, MARIAN V. CAPEN ~,~ 807 Oak Leaf, La Porte, TX 77571 Mailing Address: Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of Lot Five (5), Block Three (3), Shady River, Section Two (2), a subdivision in Harris County, Texas, according to map thereof or plat thereof recorded in the office of the County Clerk of Harris county, Texas, reference to which is here made for all purposes, said tract of land being more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes, and as shown on a plat attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. RESTRXCTXON: 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". /(' ]J "J; ReserVations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. ~"~~I.ri.:1i~t:~~a:~.J'Jt'~=:'.N\' ..~:.:,:' .. :. . i ~I..........~..~.:...~....,",,~.........i:~ Il;L ANY PROVISIONS HEREIN WHICH RESTRICT niB SALE, REr-rT AI.. OR USE OF niE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACB, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. " A CERTIFIED COpy A 1TEST: SE P 2. 9 '995 BEVERLY B. KAUFMAN, County Clerk HL~:i ~ ,Depury KAYLA J. ARNOLD EXHIBIT DAD . _....._._..A\......"" .OO:":o"~,........... .............."....~;.~........!";......_..... ...-.-............... . .,. . ".. .. I.:.;. ;.1";".(_~"':' . CXTY OF ~ PORTE _5-=39-0837. Grantor tor the consideration and subject to the reservations trom and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns torever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and torever detend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawtully claiming or to claim the same or any part thereot, except as to the reservations trom and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. ~ .~ .~~~ ~ C ty Se retary \ r STATE OF TEXAS { { { COUNTY OF HARRXS a7TER RBCORDXXa RBTDRR TOI ASKINS & ARMSTRONG, P.c. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOI( 1218 LA PORTE. TEXAS nS72.1218 . ", -J,';,.. ..' ANY PROVISIONS HEREIN WHICH RESTRICT mE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A'ITEST: SEP cz. 9 "\995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas -K~~Q ~. ~ ,Deputy KAYLA J. ARNOLD lit By: ~~\.~ Robert T. Herrera, City Manager FILED FOR RECORD 8:00 AM SEP 1 8 1995 .,(J.....,~4.~ . , County Clerk. Harris County, feus PREPARED XX THB LA. 077XCE 071 ASKXNS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 . . 505~39-J838 EXHIBIT A 0.2470 Acre Tract out or Lot 5, Block 3; Shady RIver SubdivisIon, Section 2 A 0.2470 acre parcel out or Lot 5, Block 3; Sbady River, Section 2, a subdivision of Z7.47 acres in the W.P. HlUTis Survey A-3D, Harris Count)', Texas, according to the plat recorded in Volume 114, Page 62 or the Map Records or Harris Count)', Texas, the parcel being more particularly described as rouows: Polnt or Beglanlnc being on a curve and tbe Nortbwest corner of Lot.5, Block 3; 'I11eDce along a curve to the left baving a cbord beariDg or N 67' 29' 28- E, a radiw or 212.33 feel, an arc distance or 29.62 reet to a point for comer; . Thence S 450 16' 12- E, a distance or 162.12 reet to a point ror a corner; Thence S 00" IS' 00- E, a distance or 43.20 feet to a point for a comer; 'I11ence S 89" 45' 00" W, D. distance of 75.56 feet to a point ror a comer being the Southwest comer of Lot 5, Block 3; 'I11ence N 24D 38' 06- \V, a distance or 157.87 reet to the Point or Beglnnlaz and consisting or 0.2470 acres. ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL, OR USE OF niE DESCRIBED REAL PROPERTY BECAUSE OF COLOR,. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2 ~ 1995 A TrEST: BEVERLY B. KAUFMAN, County Clerk HZ~~T~ ~ . Depury KAYLA J. ARNOLD ~ i I I I \ ;'l.... . c: '. , j ~ co C? en r"') f I Ln tn '~~.: .. ~ ~ '0..5 ;a ",,'NO t>NIOWOO!!\ol YOwl 09^OWrfrfV ~: '. t~Ji:;:-;.t'j.~'l.~};.~.':':::i:' iJ~.,':~\.if.'Jr".r':'!'" 'i~~ 'i it ~r! i r'~.,,~ 11 ~Ff~~ ii'?,:"q e ")~, 1.1 l!I IF;;:"';~ ~~~ ;J'-'. ~ -~r..~ B iih~ w =i~b:~ ,,1 ,/ I !i , I .. ,," I . , I 'II .. ,/ III _ , ria;; 'I /,/,/ ; ; I; ~ .- I 0-" I t:t I I . I. r .. .. E. -I.UI' . .-1 .~,. l' -"". -~~ .p:.... 1\. ~.o ..,.......... .........,..;_..!'.:~;...':.f4,,~~ID........ ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL. OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATTEST: SEP 2. 91995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas K~o. i.~ KA YLA J. ARNOLD , Deputy in N !e . p: 8 ~ - en - CO - != CO ~ ~ ~ m 62 ~. g !CD 9 . . ::,.~....... ---.en .. IIU. 'HI ~~ra.""~~".---"" ~CP_I.. --.. ::-- .. ~ -:.. ..:-.:::- - 'UD .. ,. "- -- ~.. .. .... -"'il::.:"- It ... ... _ ." ~-~~ SEP 1 8 1995 ~ ~~~. CCutry ~ - ~-... ANY PROVlSIONS HEREIN WHICH RESTRICT lliE SALE, RENTAL. OR USE OF lliE DESCRIBED REAL PROPERTY BECAUSE OF COLOR,. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2. 9 1995 A 1TEST: BEVERLY B. KAUFMAN, County Clerk :~~:Ti~ ~ . Depu.y l<.AYLA J. ARNOLD 505':39':0840 , . ~ . . . . , ~): . . City of La Porte Estahlished 18.92 Memo .: .'~ ,'. :-:-:::'::: Mayor and City Council Deb~ F~azelle, City Manager .,--,h./ 1\11' '1' 'v',;..e.:. II:;. ~.~., ," r ':t-'!!o~. .... ~....I.,.,.,~~,,' ~:~..~.h ,,;'" _ - ~ ~ ...__", ... -t. . .... _~~ ........ '''_''h'; '. " '., _ . '/ ~ John Joems, Assistant City Manager Cynthia"AIexander, Assistant City Manager John Armstrong, Assistant City Attorney January 9, 2004 Capen Property, Lot 5, Block 3, Section 2, Shady River Subdivision \: ;~.t.. To: ThRl: cC: "'~.~.l ,I'.:n: ..J" ."-I!.. Date: Re: .. ~~ . \. After further discussion with staff and Assistant City Attorney, John Armstrong, the feeling is to have an"; ordinance 'ready for adoption to expedite Mr. Capen's request and not require further City: Council action, if Council is in favor of providing some relief to Mr. Capen with respect to the City's restrictions on lot 5, Block 3, of Shady River, Section 2. Attached is an ordinance that would serve as the "recordable" amendment to the Special Warranty Deed mentioned in Item #1 of John Armstrong's memo to you. If passed as presented or with additions or deletions as to the requirements, there should be no further action required by City Council. The items specifically mentioned in the ordinance 1) removes the side yard only requiremen~ 2) limits the permission for improvements to only one driveway, 3) does not allow for any other improvements including water, sewer, drainage, or any above ground improvements (by current restriction, these or any other improvements still need to be approved by City Council), and 4} limits the driveway use to a single-family residence; it does not allow the driveway to be shared among multiple residents, activities, or properties. City administration and staff have noticed there has been no discussion or reference to the City being reimbursed for legal fees it has incurred, staff time devoted to a resolution, numerous meetings dedicated to this item, and other costs associated with this property at no fault of the City. All work involved has been at the request of the resident through a sale that did not involve the City, and that was handled by a title company and the resident without ,involvement of the City. All changes requested are not from errors from the City's original sale, which all restrictions were reasonable and properly conveyed. Should City Council wish to discuss this item, it may recess to executive session, which was properly posted. The ordinance could have a clause added to include a fee or reimbursement for costs, which is not uncommon. Such cost could be determined and reasonably applied if it is City Council's desire. Attachment vJ\/ /' .;" -..- I I I ]J . <<;(0) fF2>1f [U:i8;~16'l 5OS-39-J836 SPECIAL WARRANTY DEED Date: "/1"" !0004" I 5121'" September 11, 1995 Grantor: CITY OF LA PORTE, a municipal corporation P.O. Box 1115, La Porte, TX 77572 Hailing Address: Grantee: ROBXNSON CAPEN and wi1:e, HARXAN V. CAPEN C).e.~ 807 Oak Leaf, L4 Porte, TX 77571 Hailing Address: Consideration: Ten and No/I00 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvementB): That portion of Lot Five (5), Block Three (3), Shady River, Section Two (2), a BUbdiviBion in HarriB ~ounty, ~fl!t:!(""f ..c::~~rdin9 to -~r:. t:.~_;... - ~~. l." ." "'h.-c:renr ""U,;:C1":~C"'" 1... tri.s .~;::'::J.C~ ur :':-:':-- "._urn z -, ~';.It .Ul Rc.:"rl. Count~~, TexaB, reference tu W".....:1o is her.. !>Aade 1:or all purpo.e., Baid tract of land being more particularly de.cribed by mete. and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereo1: 1:or all purposeB, and as Bhown on a plat attached hereto aB Exhibit "B", incorporated by reference herein, and made a part hereof for all purposeB. RESTRXCTXON: The herein conveyed property iB reBtricted to, use a. 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. .--,...... Reservations from and Exception to Conveyance and Warranty: Taxes 1:or the current year have been prorated and are assumed by Crantee. This ,conveyance i. made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records 01: the county clerk of the aforesaid county. :,:"",.,~."~.....,,.",.".i.,,-....:..~'I ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, 15 INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COpy ATTEST: SEP 2, 9 '995 BEVERLY B. KAUFMAN, County Clerk H~~:i ~ ,Depury ....... .. . ..--.-.- EXHIBIT } D :J "A" uSe" ..- .::.::.....'1: ~:".~(i.u~I'~~",):; ,-'~n.~.~.)~~. I..."';.:.... :f:~,;.~C~.... . ..__ . ~;l ..l,....... ". ~. ........-..--............. . . .~.... . ., . I. .'~.. " (. ~ . ". ioI,.... .. . -, ." "-'.' 505-=39-0837. Grantor tor the consideration and subject to the reservations trom and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns torever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and torever detend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawtully Claiming or to claim the same or any part thereot, except as to the reservations trom and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. CI:TY OF LA PORTE If{, By: ~~\.~ Robert T. Herrera, City Manager .' ATT~S' . . , ---::;:::::..... . _. . I .... -:""'JO=- ." 4... " .....---.. ~ --~ . '~i';i-';ed~:S~~ry l-:... -'----P:"-::::"g-' .\.. '" I-lLED FOR REl;UnU 8:00 AM SEP 1 8 1995 71S.,.....74.?tT J County Clerk. Harris County, leus STATE OF 'TEXAS COUNTY OF HARR1S n ~T~is instrument was acknowledged betore me on the \~ day ot ~-~ · 19~5, by Robert T. Herrera, city Manager ~e City ot La Porte. a municipal corporation. .tw.~. s:F.?~a~ IJ:..L....1 ,:,~ \ ... JIll{' I. . nv. ClI' 'IIlIM '~'i:SlY ~"';";;'-.. ..... .... AFTER RBCORDI:.a RETORH TO: PREPARED :z:. '1'1IB LAW OFF%CB OF I ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O, BOl( 1218 LA PORTE. TEXAS n572.1218 ASKI:NS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ~ . .", ...~.. ANY PROVISIONS HEREIN WHICH RESTRICT TIiE SALE, RENI' AL, OR USE OF TIiE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS D'lV ALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ArrEST: SE.P 2. 9 '\995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas K~~Q i. ~ . Deputy .. .. ... - . .. -.. . -. - , . 505~39-0838 EXHIBIT A 0.2470 Acre Tract out or Lot 5, Block 3; Shady RIver Subdivision, Sectloa % A 0.2470 acre parcel out oC Lot 5, Block 3; Sbady River, Section 2, a subdivision of rT.47 acres in the W.P. Harris Survey A-30, Harris County, Texas, according to the plat recorded in Volume 114, Page 62 of the Map Records oC Harris County, Texas, the parcel being more particularly described as CoUows: Point or BegllUllng being 00 a curve and tbe Northwest comer oC Lot-S, Block 3: Thence a100g a curve to the leCt baving a chord beariog of N 6.,.. 29' 28- E, a radius of 212.33 feet, an are distanc~ of 29.62 feet to a point for comer; Thence S 450 16' 12- E, a distance oC 162.12 Ceet to a point Cor a comer: Thence S 00" IS' 00" E, a distance of 43.20 Ceet to a point for a comer; Thence S 89" 45' 00" W, a distance. of 75.56 feet to a point Cor a comer being tbe Soul.bwest comer of Lot 5, Block 3: .... _..~.', ..._ . ......". .... .)...::.... .'. or. . 'l"~nce 1'4 '24" 3~' U(j~ \V, a distance oC IS"'.07 te~l to the Point or BePnnJ..aa and coosisting or 0.2470 acres. ANY PROVISIONS HEREIN WHICH RESTRICf niE SALE, RENt" AL. OR USE OF mE DESCRIBED REAL PROPERl:Y BECAUSE OF COLOR, OR RACE, IS INV AUO AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2. ~ 1995 A'ITEST: BEVERLY B. KAUFMAN, County Clerk H~\y~T~ ~ ~ 11 . Deputy .~AYLA J. ARNOLD ...... . t; I . I ; . Pi co C? en ~..., I I L.r) ~ '~~.,s .. ~ ~ ~ li~~ 'i it~'"! i 1"1l.",1i~ ~r(~~ ..?:<.. .~ ~ ~\..~. ~ f ll';i:~,~ &i!~;)"'. x: -~ti~ ~ !il~'~ S!- :;':; II! l;1l~~.-: ..,,~ ~ ...'NO DNIOWOO!N ~ O,MO"MrN' "I'. ~ .. . "._ I ~ ti ~:. .'. L':.c:.;.:~~~.:(,~::;.'..,..~a.. "~..:'~" c..r.-:t....N:~.. . ANY PROVlSIONS HEREIN WHICH RESTRlcr THE SALE, REN"I' AI.. OR USE OF THE DESCRIBED REAL PROPERlY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ATrEST: SEP 2. 9 1995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas K~Q i.~ .,. '" " . """'....n. '"' . Deputy . ,,1 ,,' : , , ,,' : " 1_ ,/// g~ ll! , ~~ t( -., , !2 I . ~lr: I"~.i -.. rF" E.-r.s.W ~.o .. .... .' .... . -.,,:;:.;..:~~~_.. .. iii ~ !!! . p: 8 t .. w - c::c - f= c::c ~ a C'olI . .. ~ II 1= m III! ex >- .... .~. ~ .,; . ~ .. ~ !I CD 1= ... b ..;;J -- _t'...: ," ~"'I.'f' :::..-::-- _. .....-.:n .. ~~=r.-=--~" ........ ,-......... - --- ..... - ~ "':.. ..:-.:-- - PUll .. ,.. _ =.. ~.. .. 0ItW _~..- Or ... ... _ GO .. ... ..... .. SEP 1 8 1995 ~ ~~~. ""'-v CUAo< ....... ""'-v ...... ANY PROVlSIONS HEREIN WHICH RESTRICT TIiE SALE, RENTAL. OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INV AUD AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2 9 1995 A TrEST: BEVERLY B. KAUFMAN, County Clerk :~:T[ ~ . Oepury t\ ___._._ . 505~39~Q84a ,. (. ., ~ - . ~ .~ .' ., . I . 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 e e ~. are to be removed or amended when the property to be replatted is located in a resident!ally zoned, and/or deed restricted area. Our zoning and development ordinances both contain language which indicates that in the event of a regulation, rule, restriction, or otherwise that is in conflict with the zoning and/or development ordinances of the City, the most restrictive of the regulation, rule, or restriction is to apply. As you know, the City of La Porte is not in the business of enforcing deed restrictions, as we have no statutory authority to do so. However, policy has been established in the past that we do not permit structures in violation of deed restrictions, if we know of them, and we do not allow for development to occur that is in violation of deed restrictions, if the deed restrictions are more stringent than our zoning and/or development requirements. Thus, the way I see it, three approvals need to take place prior to granting of Mr. Capen's request to build a drive way on the property restricted by the Special Warranty Deed granted by the City of La Porte on September 11, 1995: 1. The City Council of the City of La Porte must pass and approve in recordable form, an amendment to the Special Warranty Deed specifically allowing the removal of the restriction, and allowing the contemplated construction to take place. City Council may restrict the removal of the restriction only to permit a specified drive way construction design, and may further limit the removal of the restriction as Council sees fit. 2. The applicant should apply to the Shady River Civic Association for construction of the drive way and recombination of the lot or fractions of lots as countenanced in paragraph 2(f) of the Shady River Civic Association Deed Restrictions. 3. The applicant should file with the Planning Department of the City of La Porte an application for replat of the property to be constructed within the subdivision, as provided by Chapter 212 of the Texas Local Govt. Code. Chapter 212 of the Local Govt. Code provides for a public hearing, together with notice requirements to neighbors of the property within 200 feet. Likewise, a hearing in front of the Shady River Civic Association would also contain neighborhood notice and participation opportunities. As such, it would seem logical for both of these approvals to take place before the City Council amends or deletes the restriction in the Special Warranty Deed. However, that is simply a practical consideration, and is not a legal requirement. Please call or e-mail if you have additional questions, comments and/or concems. . Page 2 /' /" ]J It (G(Q)lPe' H::;8;~1G'l vll) 505-39-J836 SPECIAL WARRANTY DEED Date: "'11m ROOM,. . 512164 liS, Of September 11, 1995 Grantor: CITY OF LA PORTE, a municipal corporation P.O. Box 1115, La Porte, TX 77572 Kalling Address: Grantee: ROBINSON CAPEN and wife, HARlAN V. CAPEN tf).e,t:..-' Kalling Address: 807 Oak Leaf, La Porte, TX 77571 Consideration: Ten and No/IOO Dollars ($10.00) cash and other good and valuable considerations Property (inClUding any improvements): That portion ot Lot Five (5), Block Three (3), Shady River, Section Two (2), a SUbdivision in Harris County, Texas, according to map thereot or plat thereof recorded in the office of the County Clerk of Harris County, Texas, reference to which is here made for all pUrposes, said tract of land being more particularly des~ribed by metes and bounds on Exhibit "A" attached hereto, incorporated by reterence herein, and made a part hereot for all purposes, and as shown on a plat attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. 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 ot Grantor. s Reservations from and Exception to Conveyance and Warranty: Taxes tor the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above .described property as reflected by the records of the county clerk ot the aforesaid county. .~~~.f~:I~\~~a~"4.;;.....:;...... . .. :. ANY PROVISIONS HERI!IN WHICH R1!STRlCT llIE SALE. RI!/IIT AL. OR USE OF llIE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE. IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COpy ArrEST: St.\' '2. 9 ~995 . BEVERLY B. KAUFMAN, County Clerk Harris County, Texas K~Qi.~ .~pury KAYLA J. ARNOLD . iii;jjli?i::.<:iJ.~;~;6~;~f"!l~I~; .~,""';#~~'''',.,;,,-.. e---,..~ .-. .0'. .', '. ... , . " - "...... . CITY OF I,;A PORTE 505~39-Q837. Grantor tor the consideration and subject to the reservations trom and exceptions to conveyance and warranty, qrants, sells, and conveys to Grantee the property, toqether with all and sinqular the riqhts and appurtenances thereto in any wise belonqing, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assiqns torever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and torever detend all and sinqular the property to Grantse and Grantee's heirs, executors, administrators, successors, and assiqns aqainat every person whomso.aver lawtully claiminq or to claim the same or any part thereot, except as to the reservations trom and exceptions to conveyance and warranty, by, throuqh, or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. ~ ' ~ '&.;:::;;. ~ ~ ~ C ty Se retary \ r STATE or TEXAS COUNTY OF HARRIS 1ft By: G?~ \. ~ Robert T. Herrera, City Kanaqer FILED FOR RECORD 8:00 AM . SEP 181995 ~4~ County Clerk. Hllril County, Tlan ~instrument waa acknowledqed betore me on the \:> day ot , 1995, by Robert T. Herrera, City Kanaqer ot the City ot La Porte, a municipal corporation. l~*.. ~ 1m I.ItCEY J . IOINII' ftaIII \' r} 1WI~1IlN '!!!i,i~~~... A71KR RBCORDIxa RBTURK TOr ASKINS & ARMSTFIONG, P.c. ATTORNEYS AT LAW 702 W. FAIRMONT PARIWiAY P.O. BOl( 1218 LA PORTE. TEXAS n&72.1218 ; "'".4. .._ ANY PROVISIONS HEREIN WHICH RESTRJcr TIn: SALE, RENTAL. OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW, A CERTIFIED COPY ArrEST: Sf.P 2 9 1995 BEVERLY B. KAUFMAN, County Clerk 7:~: T{ ~ . D.pury KAYLA J. ARNOLD PREPARED IX THE LA~ OFFICE OFr ASKINS , ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 e 505":39-0038 EXHIBIT A 0.1470 ~re Tract out oC 1.01 S, Block J; Shady RIver Subdivision, SectIon :z A 0.2470 acre parcel oul oC tol 5, Block 3; Sbady River, Section 2, a subdivisioo oC Z7.47 acre.s in the W.P. Harris Survey A-30, Harris Counly, Texas, according to the plat recorded in Volume 114, Page 62 oC the Map Rccords oC Harris CoUDIy, Texas, the parcel being more particullllly de.scribed as CoUows: Point oC Be&innlng being 00 a curve and tbe Nortbwest comer oC Lot.S, Block 3; Thence aloog a curve to the left baving a cbord bearing oC 'N 67" 29' 28" E, a radius oC 212.33 Ceel, an arc distance oC 29.62 Ceetto a poiot Cor comer; Thence S 45. 16' 12" E, a distance oC 162.12 Ceel 10 a point Cor a comer, Thence S 00" IS' 00" E, a distance oC 43.20 Ceet to a point Cor a comer; Thence S 89" 45' 00" W, a distance DC 75.56 Ceetlo a point Cor a comer being the Soulhwest comer oC tol 5, Block 3; , Thence N 24. 38' 06" W, a distance or 157.87 Ceet to the Point oC Beglnn1ng and consistiog oC 0.2470 acres. ANY PROVISIONS HEREIN WHICH RESTRICT TIlE SALE, RENTAL. OR USE OF TIlE DESCRIBED REAL PROPEKTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY ArrEST: SEP 2. ~ 1995 ~i:?:P:Mk , Deputy KAYLA J. ARNOLD 1: '. j I i , I . ~ co C? en ""'l II Ln ~ . ,~.Iil '..! ~ . . ~ I!! , a erg ~ 0", J: ifl(w i r;."f\ PF'"("~ iii". ..) ~." -. .-;. lPP!.; f lr~m1 l: &!:;.~.: w'.!.l\ ~ ~':'l'l~" B ~~J.' I =H~~ ~ ",..s ~ ...100 DNIOWOO!l\l 00lI 03^OHCfrlV I ~ fi1.'" .,p.' ".'-.Ji 'II- ~.Q &iiw.__,: ;", .;:e.a';t(-}tu:.~i;"~:.."'-.;:.....:.~:-!t,.r.~'~""'~.''''' .'1". ...... ....;....;.-'.:..:.:...~:..&.;1-_... ANY PROVISIONS HEREIN WHICH RESTRICI' THE SALE, RENTAL. OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR. OR RACE, IS INY AUD AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COpy AITFsr: SEP 2. 91SS5 BEVERLY B. KAUFMAN, COWlty Clerk i=;:n~T~~ KAYLA J. ARNOLD , Deputy - iii N !2 I J= 8 l .. en (c - I- as ~ N ~ ~ 0:: >- ~. . :..':-..... -.o..-.n .. nc "~=:r."::"~"."''' ~"'4":: --.. :;-~ .. ... . .:-.:-- - IUD _ .. _ -.... .. ~ .. "'"" --:::':-:0:' ~ ~ e .... "..... '." SEP 1 8 1995 ~4'~ .........~ -- Qluom. IbAI ANY PROVISIONS HEREIN WHICH RESTRICT THE SALE, REM" AI.. OR USE OF -THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2. 9 1995 ATIEST: BEVERLY B. KAUFMAN, County Clerk Harris County, Texas _~~o. i- ~ ,Depury KAYLA J. ARNOLD , S05~39~lJ84a "-I ...~ .' "" I' C . e Citv of La Porte Estob/ishecl1892 Memo Fram: Mayor and City Council ~ Nicholas Finan, Interim Planning Director . ~ Debra Feazelle, City Manager John Joems, Assistant City Manager Cynthia Alexander, Assistant City Manager Martha Gillett, City Secretary January 2, 2004 East Side of Lot 5, Block 3 of Shady River Section 2 - Mr. Robinson Capen To: CC: Date: Re= History: Lot 5, Block 3 of Shady River Section 2 was an adjacent lot to the City's lift station. The City acquired the lot to serve as an access to the lift station. After being approached by Robinson Capen, the City agreed to sell the east portion of the lot Mr. Capen wanted the lot to maintain strictly as a side yard to lot 6, which was his residence. The City sold 29.62 feet of frontage, a total of 10,758 s.f. to Mr. Capen. Restrictions were placed on the property to allow no improvements constructed without prior written consent Mr. Capen has since sold the property, and now wants the City to lift its restrictions. City Council has requested the City Attomey to review the covenants to see what limitations are placed on the property owner. City staff was requested to review the current ordinances to if they in essence would not limit the lot in some way similar to the current restriction the City has placed on the lot. The lot, as a stand-alone lot, can have a private road on the property. Except for the lot frontage on Oakleaf Drive, it is large enough for a house to be built on it. The frontage at the curb line is 29.62 feet; however, by definition depending on where the structure is located, it could be argued the lot width could be determined to be 50 feet or more. The City could require a variance to clarify, but a City official not familiar with the situation could make a determination that the lot meets the current standards. Water and sewer service is available to this lot An individual could purchase a meter, and have water and sewer available. Currently, the City does not require replatting. This lot could be considered part of another parcel of land. When that occurs, public roads could be constructed on it. In addition, structures could be built over the lot lines. The lot could be re-sold by itself or as part of another larger parcel. If this occurs water and sewer coulcl possibly be extended outside the city limits without the City's knowledge. . e Mayor and City Council January 2, 2004 Public Works has no desire to share a driveway with this lot and would prefer it to have its own. However, Public Works is concerned with service of water and sewer to the portion of land located in Shoreacres. This lot is in the 1 DO-year flood zone, and would require special conditions to be met, none of which require special considerations by any Board or Commission, though. In summary, if the restriction is lifted, there are a number of items, structures, roads, driveways, utilities, etc. that could be built on this property without City permission except simple permitting. Staffs recommendation would be not to remove the condition on the lot, but grant a driveway and stipulate conditions for the driveway (private use, single lot or owner, limit width, etc.). Removing the restriction opens the door to too many possible scenarios, some not necessarily in the City's interest . Page 2 . e ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS .JOHN O. ARMSTRONG CLARK T. ASKINS TELEPHONE 2BI 471-1886 TELECOPIER 281 471-2047 KWASKINS(llAOL.COM .JOHN-A(llswBELL.NET CTASKINSisWBELL.NET October 30, 2003 Ms. Martha A. Gillett City Secretary city of La Porte o ~. C' I.i:..~'~ \l.,j..... D ~~: .~.~ ~ ~ ~.. r=. rOCT 30 2003 C!"fY S~CRe7AFN'S OFF!CE Dear Martha: As requested, I have prepared and enclose herewith, a proposed form of ordinance to implement the agenda item requested by Council- persons Charlie Young, Peter Griffiths, and Bruce Meismer, for the November 10, 2003, regular meeting agenda. Yours very truly, ~, .' ~ Knox W. Askins city Attorney City of La Porte KWA: sw Enclosure ,. Gregg. . dt1Qr.~gg.~< October 23, iOQ3 Ms. Martha Gillett City.Secretary City' of LaPorte 604 Fairmont Pkwy LaPorte, TX 77 5 71 D'eliveredyilzfiDc # 281-471-7168 e 16055 Spac.e Center Blvd, Suite J 50 Houston. Texas 77062 281.480.12. It tel. 281.480.1210 fAIC' R Ii.~ b"_ .-.:," ~ '. ,...... ll""l. tr::. \." Jc1~. ~ ..~ /! ~;:;. fJ OCT 2 4 .2003 CITY Si::\,;"c"fARV'S O'FFICE RE: Item tc? be placed on City COWlcil agenda Dear Ms. Gillett: . . Enclosed is an application fonn requesting' that a.matter be placed on the agenda. .Please advise 'us of the date and time of the meetin~.s~. ~~at. we may attend. ~. . .Please call if you have any questions. I: .::-:.J. ~:". .__,__... . -..". . . ..:~.:;:J}~I:~. ," ',I . ;.' "" " . , J ;. . . I .:. ..:'" I .:.... '::":' :'. ."Ol~If./il3:.:;::-:<.1 . . I... . I L ...... . , ".:. . ...:.:. ..... .:~' '. ". Dick Gregg Jr J : :;~~;:;g~'i:F.~J::~~~' <. ~,::\ '; . '!' . J{". . . . . .;"f#i6 . . ".'~'" ,; .' .":-,' ~ '" ," .1,. '.".. .' . ,.,..' , ~.... . . . . . ~ ~>~/J/~ 1()~~'1!{~ V~4{Id:,) i I I I. .1 I .1 ! ~.)nJ . '\. DAD: October 9. 2003 Ms. Martha Gillett City S,ecretary City of La Porte 604 Fairmont Parkway La Porte, TX 77571 , 70: e ..****.**.***************...*******.********....********.***...**** Please place the following item on a City Council agenda: nConsider amending restriction in deed from the City of La Po~te to Robinson Capen and wife, Marian V. .Capen, on a port i on of ,Lot 5, Block :3, Shady River, Sect ion 2. Harris County,. Texas, to provide that the restricted property may be used as a driveway, and for public Utility lines, from Oak Leaf Avenue to C'he adjoining property on tbe south." Charles Young Peter -Griffiths Bruce Meisne'r ~rt:s) ---. TOTAL P.02 . . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Report: X Resolution: Ordinance: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Requested By: Department: Planning Exhibits: Memo from Nicholas Finan Memo from John Armstrong Material from Previous Packet SUMMARY & RECOMMENDATION Mr. Capen purchased halfoflot 5, block 3 of Shady River Section 2 from the City of La Porte. Mr. Capen originally wanted it to supplement his side yard. Since then, Mr. Capen has sold the half lot with some land to the rear of his residence. The half lot serves as access to the rear property. Under threat oflitigation, Mr. Capen has approached the City to lift its requi.rement that no improvement can be made to the property without its consent. The new owner of the land would like to build a driveway. The City Attorney was requested to review the Shady River covenants, and staff was requested to review the City ordinances to determine ifthere are enough controls to Limit activity on this property; i.e. insure no improvements are made without some oversight on the City's part. In short, the City ordinances would allow a number of improvements without anything more than a permit. Staff and City Attorney recommends property be replatted and only the consent for a driveway be granted. Action Required bv Council: City Council may lift the limitation of consent of the City; it may deny the request; or it may grant only certain improvements be allowed. Approved for City Council A2enda / .- ~ -Otj, Date . ORDIRABCB BO. 2003-~Wrzq I\~{~\ #~\~ Al!l ORD:RAlICB 1IJIIl1IIIlIl\TG RBSTRICTIOIII CORTADIBD m DBBD PROII ~ CITY \\\~ OF LA PORTE TO ROBINSON CAPEN AND WIFE, HARZAN V. CAPEN, DATED .\ SEPTEMBER 11, 1995, ON A PORTION OF LOT 5, BLOCK 3, SHADY RrvER, SECTION 2, HARRIS COUNTY, TEXAS, TO PROVIDE THAT THE RESTRICTED PROPERTY HAY BE USED AS A DRIVEWAY EASEMENT, AND AS AN EASEMENT FOR PUBLIC UTILITY SERVICE, FROM OAlC LEAF AVENUE TO THE ADJOINING PROPERTY ON THE SOUTH, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore conveyed, by Special Warranty Deed dated September 11, 1995, a portion of Lot 5, Block 3, Shady River, section 2, a subdivision in Harris County, Texas. A copy of said Special Warranty Deed is attached to this Ordinance as Exhibit "A", and incorporated by reference herein. Section 2. The City Council of the City of La Porte hereby amends the restriction contained in said Special Warranty Deed, to provide that the restricted property may be used as a driveway easement, and as an easement for public utility service, from Oak Leaf Avenue to the adj oining property on the south. No other improvements may be constructed on the restricted property, without the prior written consent of the City of La Porte. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject ;,. . . matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of November, 2003. CITY OF LA PORTE By: Norman L. Malone Mayor ATTEST: Martha A. Gillett City Secretary AP~U Knox W. Askl.ns City Attorney 2 CC(Q)[F>>" .U:i8;~1G<1 · 505-39-J836 vJ'/ SPECIAL WARRANTY DEED Date: September 11, 1995 09111/15 1OOM9985 . SIl!l" uS-.. Grantor: CXTY OF LA PORTE, a munIcIpal corporatIon Mailing Address: P.O. Box IllS, La Porte, TX 77572 Grantee: ROBXNSON CAPEN and wi~e, MARXAH V. CAPEN 6).e,~ 807 Oak Lea~, La Porte, TX 77571 MailIng Address: ConsideratIon: Ten and NO/100 Dollars ($10.00) cash and other good and valuable consIderations Property (IncludIng any Improvements): That portIon o~ Lot FIve (5), Block Three (3), Shady RIver, SectIon Two (2), a subdivision in Harris County, Texas, according to map thereo~ or plat thereo~ recorded in the o~~ice o~ the County Clerk o~ Harris County, Texas, rererence to which is here made ror all purposes, said tract o~ land beIng more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by re~erence herein, and made a part hereo~ ~or all purposes, and as shown on a plat attached hereto as Exhibit "B", incorporated by re~erence herein, and made a part hereor ror all purposes. RESTlUCTXON: 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 or Grantor. /(' ]J :1:: Reservations ~rom and ExceptIon to Conveyance and Warranty: Taxes ror the current yea~ have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, i~ any, applicable to and enrorceable against the above described property as re~lected by the records or the county clerk of the aroresaid county. . ~.~~!"'~:;.i.:~~.-:.fo;.~}.,,=',.(t.:).o..:=...\",:: ,'," . ", ~,.~ ......t...~_..........."..km:'~ "( ANY PROVISIONS HEREIN WHICH RESTRICT nIB SALE, RENTAL. OR USE OF nIE DESCRIBED REAL PROPERTY BECAUSE OF COLOR,. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COpy A'ITEST: SEP 291995 BEVERLY B. KAUFMAN, County Clerk H;~:i ~ .o.pu~ KAYLA J. ARNOLD EXHIBIT nAn . ~';'l"!.",,~<;~,r,";;t.~f.1.~""~ "....~-i-'""'.--'. .......-..-.............. ...... ..4........ "' I,,:., ;.~~~..(~.:....~., -,.. 505-=39-0837. Grantor tor the consideration and subject to the reservations trom and exceptions to conveyance and warranty, grants, sel.l.s, and conveys to Grantee the property, together with al.l. and sinqul.ar the rights and appurtenances thereto in any wise bel.onging, to have and hol.d it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend al.l. and singul.ar the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever l.awtul.l.y cl.aiming or to cl.aim the same or any part thereof, except as to the reservations trom and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. When the context requires, singul.ar nouns and pronouns incl.ude the pl.ural.. CXTY OF LA PORTE j~ By: ~~,.~ Robert T. Herrera, City Manager ~ .~~~~ C ty Se retary , F FILED FOR RECORD 8:00 AM SEP 1 8 1995 ,tJ-..~~4?t:r ' J County Clerk. Hlrris County. Teul STATE OF TEXAS { { COUNTY OF HARRXS { n ~T~is instrument was acknowledged betore me on the \~ day of ~~~ ' 1995, by Robert T. Herrera, City Manager ~e city ot La Porte, a municipal corporation. ~~a~ ~~. fIlA LACEY IJ~'?"1J 1OlNW....., \ ~ J1'!I{ r. ... (II 1DM '~:"i:#' ~~~ ElIPIB ... APTER RBCORDxxa RETDRX TOr PREPARED XX THB LAW OPP:ICB OP 1 ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOl( 1218 LA PORTE. TEXAS nS72.1218 ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 . .. I..:,... _' ANY PROVISIONS HEREIN WHICH RESTRlcr lliE SALE. RENTAL, OR USE OF lliE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY AITFST: SEP 2. 9 "\995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas K~Q i. ~ . Deputy KA YLA J. ARNOLD . . 505":39-0838 EXHIBIT A. 0.2470 Acre Tract out or Lot S, Block 3; Shady RJver Subdivision, Section :z A 0.2470 acre parcel out oC Lot 5, Block 3; Sbady River, Section 2. a subdivision oC '1:1.47 acres in the W:P. Harris Swvey A-30, Harris County, Texas. according to the plat recorded in Volume 114, Page 62 oC the Map Records oC Harris County, Texas. the parcel being more particularly described as rollows: Polnt or BeglnDlng being 00 a curve and tbe Northwest comer or Lot.S, Bloclc 3; Theuce aloog a cwve to the lert having a chord bearing or N 67" 29' 28- E. a radius or 212.33 reet, an arc distance or 29.62 reet to a point ror comer; Thence S 450 16' 12- E, a distance or 162.12 feet to a point for a comer; Thence S CXY' 15' 00" E, a distance or 43.20 reet to a point ror a comer; Thence S 89".45' 00" W, a distance or 75.56 reet to a point ror a comer being the Southwest comer or Lot 5, Block 3; Thence N 240 38' 06- 'Y, a distance or 157.87 feet to the Point or Beglnnlag and consistiog or 0.2470 acreS. ANY PROVISIONS HEREIN WHICH RESTRICT TIlE SALE, RENTAL, OR USE OF TIlE DESCRIBED REAL PROPERTY BECAUSE OF COLOR,. OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2. ~ 1995 A 1TE5T: BEVERLY B. KAUFMAN, County Clerk HZ~~T"{ ~ . Deputy KAY LA J. ARNOLD ., . :0..' . c: .. ~ (X:) C? en ".., I I L.r) ~ '~~.,!S "" ~ ~ ~ i'~~ 'i:it~t'! i 6ll-"'H .. r." t, ~ f'};<~l e:';~<;l ! 11';;;;':"'1 ~J' J6 Xl -.. b';: rs H~~.p. B :rol,,:j,~ lit :cHil!~ , . ,&..5 :;> A'NO E>NIOWOO!N YOII O'3^O)./.f.N ,.,,." ,~..,.- V--~ .".. ~.o ~: '.. .~.~!-~~~i.t.il~':I.";;."'..~.../~ ;.~..'.:-~4.r:':.'J.~:....~. : --'"'":..:#........~~..-JIl._.-_. ANY PROVISIONS HEREIN WHICH RESTRICf THE SALE, REm AI.., OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, 15 INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY A ITEST: SEP 2. 9 '\995 BEVERLY B. KAUFMAN, County Clerk Harris County, Texas 1(~Q i- ~ KAYLA J. ARNOLD . Deputy in ;I I ~ , en - a::l - t:= a::1 ~ co..I ~ m C2 ~ .,; ~ iI:D an b ~ . .. ::.."::-.... --llbIWIcn .. Tt<< .,.::n:~ra.-=--~~"--"" ~..~"':: I. , --.. =r---"'--.~ - 'UlI.. No_ -~....._-~-.,.....- ~-.. -"-"-'r.. e SEP 1 8 1995 ~:d'~ CCutrv lUAc - CCutrv -... ANY PROVISIONS HEREIN WHICH RESTRICT lHE SALE, RENTAL, OR USE OF lHE DESCRIBED REAL PROPERTY BECAUSE OF COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER THE FEDERAL LAW. A CERTIFIED COPY SEP 2. 9 1995 A TrEST: BEVERLY B. KAUFMAN, County Clerk 2~: Ti~ ~ . ~pury KAYLA J. ARNOLD 505-=39-=0840 ~ . . ...' .1 , , . . . ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS ~OHN ~ ARMSTRONG CLARK T. ASKINS TELEPHONE 2BI 471-1886 TELECOPIER 2BI 471-2047 KWASKINS@AOL.COM .JOHN-A@SWBELL.NET CTASKINS@SWBELL.NET October 30, 2003 ~E{;lEU~[E[>> rOCT 30 2003 CITY SIeC~ETARV'S OFFICE Ms. Martha A. Gillett City Secretary City of La Porte Dear Martha: As requested, I have prepared and enclose herewith, a proposed form of ordinance to implement the agenda item requested by Council- persons Charlie Young, Peter Griffiths, and Bruce Meismer, for the November 10, 2003, regular meeting agenda. Yours very truly, ~ Knox W. Askins City Attorney City of La Porte KWA: sw Enclosure OCT-23-2003 15:42 . Gregg. . &::;.Qr~gg.~~ October 23, iOQ3 Ms. Martha Gillett . City ,Secretary City' of LaPorte 604 Fairmont Pkwy LaPorte, TX 77571 Delivered villfax # 281-471-7168 P.01/02 . 16055 5pace Center Blvd. SuIre I SO Houston, Texas 77062 2.81.480,12' 1 tel. 2.81.480.1210 fax' R'. D:!: e"~ .,.:.. ~. 'f, . ..,. -- D I;.';. ~u ~=. ~ '~r. }~; OCT 2 4 ,2003 CITY Si:,I.,;"c'fARY'S O'FFICE RE: Item t? be placed on City Council agenda Dear Ms. Gillett: , , Enclosed is an application form requesting that a, matter be placed on the agenda. Please advise"us of the date and time of the meetin~so that we may attend, r;" ,~. ,Please call i~!??)have an):' questions, !.~'~ . I , , Dick Gregg Jr ~. ..' . '. -, . .. ~ . ~_. '.' . ,. J{flir; ... 10 /~f!rJ3' I j .' ] . . i . , ~~~/W/J/ !.,e1 16rll~. . I.. ..'1{~ V it;CL 4{ .It d,) >4-9) nJ .I .: 'j OCT-23-2003 16:42 . ""'.. DATE: October 9, 2003 70: Ms. Martha Gillett City secretary City of La Porte 604 Fairmont Parkway La Porte, T.X 77571 1~ P.02/02 . ..****..*****************....******.....***.***.*************.***** Please place the following item on a City Council agenda: nConsider amending restriction in deed from the City of La Porte to Robinson Capen and wife, Marian V. .Capen, on a portion of Lot 5, Block'], Shady River, Section 2, Harris County, Texas, to provide that the restricted property may be used as a driveway, and for pub1ic utility lines, from Oak Leaf Avenue to the adjoining property on the south.h Charles Young Peter -Griffiths Bruce Meisne'r t?~t;) TOTAL P.02 . . \~ ,,~_ ~~fl d '(of ~ ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 CLARK T. ASKINS . TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 E.MAIL: kwaskinstalaol.com iohn-atalswbell.nel ctaskinstalswbell.net KNOX W. ASKINS JOHN D. ARMSTRONG . March 9, 2004 ~ . MAR 1 0 200f " : i -~\'''' .~ Beverly Kaufman Harris County Clerk P. O. Box 1525 Houston, TX 77251-1525 RE: Recording City of La Porte, Texas Ordinance No. 2003-2679 Dear Clerk: Enclosed for recording in the real property records of Harris County, Texas is a certified copy of City of La Porte Ordinance No. 2003-2679 with attached Exhibit "A". Also enclosed is our firm check in the amount of $23.00 in payment of the 'recording fees for same. Should you have any questions or require additional information, please do not hesitate to call me. Thank you for your kind assistance in this matter. Very truly'yours, JDA:las Enclosures cc: Martha Gillett, City Secretary, City of La Porte Kim Mikkelsen, Olson & Olson