HomeMy WebLinkAboutR-1987-22
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RESOLUTION NO. 87- 22
A RESOLUTION AUTHORIZING THE EXECUTION OF A "DECLARATION OF COVENANTS AND
RESTRICTIONS" DATED OCTOBER 26, 1987, BETWEEN CHARLES BERDON LAWRENCE AND THE
CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby approves that
certain "Declaration of Covenants and Restrictions" dated October 26, 1987, by
and between Berdon Lawrence and the City of La Porte, all in form attached to
this Resolution as Exhibit "A", incorporated by reference herein, and made a part
hereof for all purposes. The Mayor is authorized to sign on behalf of the City,
and the City Secretary to attest, the duplicate originals of such agreement.
Section 2. 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, Article 6252-17, Texas Revised Civil
Statutes Annotated; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upo'n. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Resolution shall be effective from and after its passage
and approval.
PASSED AND APPROVED this the 23rd day of November, 1987.
CITY OF LA PORTE
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. No ~n Malone, yor
ATTEST:
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Cherie Black, City Secretary
6Zald
Knox W. Askins, City Attorney
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DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration of coven~nts and Restrictions (this
"Declaration") is made as of the .2f::tiay of October, 1987, by the
CITY OF LA PORTE ("La Porte"), a municipal corporation, of Harris
County, Texas and CHARLES BERDON LAWRENCE ("Lawrence"), a
resident of La Porte, Harris County, Texas.
RECITALS
LaPorte is the owner of the fee simple title to the
Restricted Property (hereinbelow defined). Lawrence is the owner
of a leasehold estate the Leased Property (hereinbelow defined)
pursuant to the Lease (hereinbelow defined) and is the owner of
the fee simple title to the Adjacent Property (hereinbelow
defined). The Leased Property and the Restricted Property abut
and share a common boundary line wi th the Adjacent Property.
Further, the Restr icted Property is situated at the mouth of
Little Cedar Bayou at its point of intersection with Galveston
Bay.
LaPorte and Lawrence, desiring to maintain the natural
beauty of the coastline and the serenity of the natural state of
existence of the Restricted Property, and for and in
consideration of the payment of good and valuable considerations
to La Porte, the receipt and sufficiency of which is hereby
acknowledged and confessed, have executed this Declaration for
the purpose of imposing certain covenants and restrictions on the
use of the Restricted Property.
DECLARATION
ARTICLE I
DEFINITIONS
The following words and terms when used in this
Declaration (unless the context shall otherwise prohibit) shall
have the following meanings:
1.01 "Restricted Property"--that certain tract of land
situated at the mouth of Little Cedar Bayou, in the City of La
Porte, Harris County, Texas, and being more particularly
described by metes and bounds in Exhibit "A" attached hereto, as
said tract may increase or decrease in size due to accretion,
erosion, avulsion, or similar act of nature, and all rights,
titles and benefits accruing or appurtenant to the ownership of
such land.
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1.02 "Adjacent Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, and being more
particularly described by metes and bounds in Exhibit "B"
attached hereto.
1.03 "Leased Property"--that certain tract of land in the
City of La Porte, Harris County, Texas, being more particularly
described in Exhibit "C" attached hereto.
1.04 "Lease"--that certain Lease Agreement dated as of
January 1, 1985 by and between La Porte and Lawrence covering the
Leased Property for a term of forty (40) years ending
December 31, 2024.
1.05 "Benefitted Owner(s)"--(a) singly, any of, and (b)
collectively, all of the record owners of the fee simple title to
any portion of the Adjacent Property.
1.06 "Improvement" or "Improvements"--all structures or
other improvements of any kind whatsoever, whether above or below
grade, including, but not limited to, buildings, utility
installations, equipment, storage, loading and parking
facilities, sidewalks and walkways, piers, driveways,
. landscaping, statuary, lakes, ponds and pools, walls, fountains,
benches, signs, site lighting, site grading and earth movement
and any additions, changes or alterations thereto and replace-
ments thereof.
1.07 "Natural State"--with respect to any land so described,
the natural state of existence of such land, as of the date
hereof, with no changes, Improvement, or Improvements made to the
natural landscaping existing on such land except for such service
and pruning of trees and other foliage as may reasonably be
required to preserve existing nature trails or to preserve or
allow the use and servicing of currently existing easements
across or under such land.
1.08 "Nature Trail"--a path or route for pedestrian traffic
only having a base composed solely of natural vegetation, pine
needles, and/or bark mulch which is no wider than three (3) feet
at any point.
ARTICLE II
ESTABLISHMENT; PURPOSE; ENFORCEMENT
2.01 Establishment of Covenants and Restrictions. La Porte
hereby imposes the following restriction on the Restricted
Property:
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The Restricted Property shall remain in (J(,f./ IJI::JLJ/~?
State during the term of this Declaration and no use of
the Restricted Property shall be permitted which, in any
way, alters the Natural State thereof other than Nature
Trails. Wi thout limiting the generality of the
foregoing, no motorized or wheeled vehicles of any kind
shall be permitted on the Restricted Property.
The Restricted Property shall be held, sold, transferred,
conveyed, and occupied subject to the covenants and restrictions
created and set forth in this Declaration.
2.02 Enforcement. The covenants and restrictions created in
this Declaration shall be covenants running with the title to the
Restricted Property and be binding upon and enforceable against
each purchaser, grantee, owner, or lessee of all or any portion
of the Restricted Property and the respective heirs, executors,
administrators, designees, successors, and assigns of any such
purchaser, grantee, owner, or lessee. The covenants and
restrictions created in this Declaration shall inure to the
benefit of each Benefitted Owner; any Benefitted Owner shall have
the right, but not the obligation, to enforce the covenants and
restrictions created in this Declaration1 and the benefit of and
right to enforce such covenants and restrictions shall run with
the title to the Adjacent Property.
A breach of any of the covenants and restr ictions of
this Declaration shall give to any party entitled to enforce such
covenants and restrictions the right to bring a proceeding at law
or in equity against the party or parties breaching or attempting
to breach such covenants or restrictions and to enjoin such party
or parties from so doing, or to cause such breach to be remedied,
or to recover damages resulting from such breach.
In any legal or equitable proceeding or proceedings for
the enforcement of the covenants and restr ictions contained in
this Declaration or to restrain a breach thereof, the party or
parties against whom judgment is entered shall pay the attorneys'
fees and costs of the party or parties for whom judgment is
entered in such amount as may be fixed by the Court in such
proceeding or proceedings.
All remedies provided under this Declaration, including
those at law or in equity, shall be cumulative and not exclusive.
The failure of a party having aright to enforce the
covenants and restrictions contained in this Declaration to so do
shall not be deemed a waiver of the right of any other party
having such right, nor a waiver to do so for a subsequent breach,
of the right to enforce any other provision of this
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Declaration. No party having the right to enforce the covenants
and restrictions contained in this Declaration shall be liable
for failure to do so.
ARTICLE III
MISCELLANEOUS
3.01 Term. Unless sooner terminated pursuant to Section
3.02 hereof:-this Declaration shall be in force and effect for a
term commencing on the effective date of this Declaration and
ending on the 31st day of December, 2024 (i.e., concurrent with
the expiration of the term of the Lease). This Declaration may
be amended or terminated only as provided in Section 3.02.
3.02 Amendment; Termination. This Declaration may be
amended from time to time, or terminated, only by an instrument
in writing executed by all of the Benefitted Owners, acting
unanimously. All amendments and any termination pursuant to this
Section 3.02 shall become effective when recorded in the Official
Public Records of Real Property of Harris. County, Texas.
3.03 Severability. If any of the covenants, restr ictions,
or other terms of this Declaration shall be found void or
unenforceable for whatever reason by any court of law or of
equity, then every other covenant, restriction, and term herein
set forth shall remain valid and binding, and the Benefitted
Owners to the fullest extent possible shall modify such failed
covenant, restriction, or term to the extent required in order to
carry out the general purposes of this Declaration and to impart
validity to such covenant, restriction, or term.
3.04 Captions1 Singular, Plural and Gender. The Article and
Section headings herein are intended for convenience only and
shall not be construed with any substantive effect in this
Declaration. Words used herein shall be deemed to include
singular and plural, and any gender as the context requires.
3.05 Incorporation of Exhibits. Each of the Exhibits
attached to and referred to in this Declaration is hereby
incorporated into this Declaration by this reference, and is
hereby made a part of this Declaration for all intents and
purposes.
IN~WITNESS WHEREOF, La Porte and Lawrence have has
caused the--'Declaration to be executed as of the date and year
first above writte~.
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CITY OF LA PORTE
BY:~d!t~~
ATTEST:
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Cher le Black I '-
Ci ty sec-i.:~~~ry. ...-
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By:
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APPROVjj:i ttiS the .If!>day
of D W- , 1987
By: ~ '(y. ~
Knox W. Askins,
City Attorney
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CHARLES BERDON LAWRENCE
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on fUtr, :1..3 ,
1987, by NORMAN L. MALONE, MAYOR of the CITY OF LA PORTE, a
municipal corporation, on behalf of said corporation.
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My commission expires:
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THE STATE iJ.F, ~TEXAS S
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COUNTY. <Or~,.i'HARRIS S
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NOTARY PUBLIC, STATE OF
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(Print Name)
TEXAS
This instrument was acknowledged before me on
1987, by CHARLES BERDON LAWRENCE.
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My commiss'ion expires:
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NOTARY PUBLIC - STATE OF TEXAS
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Print Name
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EXHIBIT A
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Being a proposed 0.7184 acre (31,292 sq. ft.) tract
comprising part of a 9.4925 acre tract desi"gnated .'Tract 2"
according to deed filed under Harris County Clerk's Film Code
Number 183-17-2544 et. seg., and being part of Lots 22 and 23. W.
B. Lowrance Subdivision. Johnson Hunter Survey. A-35. La Porte.
Harris County. Texas; plat of said subdivision recorded in Volume
85. Page 596. Harris County Deed Records. The 0.7184 acre
tract is more particularly described by metes and bounds as
follows:
Beginning at a 5/8 inch iron rod found for the Northwest
corner of a 0.9591 acre tract, being part of Lot 23, W. B.
Lowrance Subdivision as surveyed by H. Carlos Smith. Engineers &
Surveyors, Inc., on March 2 through 4. 1983; said point being
coincident ~ith the Northeast corner of the Vista Baywood
Apartment tract of land that ~as conveyed by Frank Bonner to
George B. Rush and Ornera Properties, Inc., on December 10, 1971.
according tQ the deed of record filed under Harris County Clerk's
File Number D-480689.
Thence, North 3 degrees 03 minutes 57 seconds West; being a
straight projection of the West boundary line of the
aforementioned 0.9591 acre tract and East boundary line of Vista
Baywood tract; passing at 100.00 feet a 5/8 inch iron rod fo\md
on line; for a total distance of 181.05 feet to a point for
corner on the South shoreline of Little Cedar Bayou.
Thence. in Southeasterly direction; following the South
shoreline of Little Cedar Bayou and coincident with the 1.0 feet
contour line (based on 1978. U.S.G.S. datum)
~outh 70 degrees 40 minutes 56 seconds Ea~t a distance
of 78.65 feet to a point for corner;
South 45 degrees 27 minutes 35 seconds East a distance
of 82.75 feet to a point for corner;
South 58 degrees 54 minutes 32 seconds East a distance
of 61.51 feet to a point for corner;
South 60 degrees 20 minutes 43 seconds East a distance
of 69.36 feet to a point for corner;
South 38 degrees 05 minutes 16 seconds East a distance
of 107.26 feet to a point for corner;
Thence. North 79 degrees 55 minutes 34 seconds West;
coincident with the North boundary line of the aforementioned
0.9591 acre tract; a distance of 12.64 feet to the Southeast
corner of that certain 0.0508 acre tra~t leased by Hollywood
I'!,;t.rine frcl!rl City of La Porte as recol.d-::d uncle.r H. C. G. F. N().
,,1900603.
Thence. North 49 degrees 36 minutes 04 seconds West;
coincident wi. th the North boundary 1 ine (,f 0.05.08 acre lease
tract and the North edge of a timber buH:head; a distance of 7.63
feet to a point for corner.
Page 1 of a 2 Page Exhibit A
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Thence. Nort.h 47 degrees ~7 minutes 54 seconds W~st;
coincident with the North boundary line of the 0.0508 acre lease
t.ract. at the N"rth edge of a ti!nb(~r bulkhead; passirlg at 31.94
feet the end of bulkhead; for a t0tal distance of 80.74 fe~t to a
point for corner.
Thence. South 33 degrees We:st; coincident with the West
boundary line of the 0.0508 acre lease t.ract; a distance of 51.02
feet to a point f01' corner.
Thence. North 79 degrees 55 minutes 34 seconds West;
coincident with the North boundary line of the 0.9591 acre tract;
a distance of 200.02 feet to the POINT OF BEGINNING.
Page 2 of a 2 Page Exhibit A
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EXHIBIT B
Being a 0.9591 acre tract ( called 0.9603 acres) out of Lot 23, W. B. Lowrance
Subdivision at~J a 0.1895 acre tract ( calle~ 0.1883 acres) out of Lot 23, W. B.
Leurance Subdivision, subject to tidal flov; being the same two tracts of land re!ered
to as Exhibit "A" and Exhibit "B", respectively, in the deed from Stanley D. Sherwood
to James M. Sims as recorded under Harris County Clerk's Film Code 008-82-1024.
The 0.9591 acre tract of land is more particularly described by metes and bounds
as follows;
Beginning at a 5/8 incb iron rod found for the Northwest corner of tbis
0.9591 acre tract of land; said corner is also the Northwest corner of that certain
2.358 acre tract of land conveyed to Stanley D. Sherwood, Trustee by the Estate of
Frank Bonner Boward ( Deceased ).
Thence, S 76- 51' 37" E; coinci8ent with tbe South boundary line of tbat
certain 9.4925 acre tract of land conveyed to ~atson's Bay, Inc. by W. S. Crawford
Jr. according to tbe deed recorded in Volume 6959, Page 568 of the Harris County
Deed Records; passing at 220.00 feet a 5/8 inch iron rod found for reference corner;
for a total distance of 292.38 feet to a point for corner in tbe present shoreline
of Calveston Bay.
Thence; coincident wi tb the meanders of the Westerly shoreline of Galveston
Bay as follows;
S 38- 56' 46." I a distance of 14.83 feet to a point for corner;
S 11 - 40' 00" W a distance of 33.34 feet to a point for comer;
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S 15- 35' 43" 'lJ a distance of 60.24 feet to a point for corner;
S 25- 53' 36" W a distance of 45.34 feet to a point for the Southeast corner of
this tract.
Thence, N 76- 51' 37" W; coincident with. the North boundary line of that certain
tract of land conveyed by Stanley D. Sherwood to William C. Staner as per the instrument
recorded under Harris County Clerk's File No.. G821480; passing at 15.00 feet a 5/8
inch iron rod set for reference comer; for a total distance of 258.06 feet to a
1/2 incb iron rod found for the Southwest corner of tbis tract.
Thence, North; coincident with the last boundary line of that certain 10.00 acre
tract of land as conveyed by Frank Bonner Howard to George B.Rush and O'Meara
Properties, Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 150.80 feet to the.POINT OF BEGINNING.
Page ~ of a 2 Page Exhibit B
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The 0.1895 acre tract subject to the ebb and flow of the tide is more
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~articularly described by metes and bounds as follows;
Commencing at the 5/8 inch iron rod found for the Northwest corner of the
0.9591 acre tract.
Thence, S 76. 51' 37" E; coincident with the North boundary line of the
0.9591 acre tract previously described; a distance of 292.38 feet to the POINT
OF ISECINNING.
Thence, S 76. 51' 37" E a distance of 75.83 feet to a point for corner.
Thence, S 21. 12' 04" V a distance of 148.32 feet to a point for corner.
Thence, N 76. 51' 37" Wi coit.cident with the North boundary line of that
certain 0..2135 acre tract described as Exhibit liB" in the deed from Stanley D.
Sherwood to William C. Staner as recorded under Harris County ~lerk's File
No. 'C821480; a distance of 55.07 feet to a point for corner.
Thence; coincident with the meanders or the present ~ester'y sllorel1nc of
Calveston Bay as follows;
N 25. 53' 36" E a distance of 45.34 feet to a point for corner.
N 15. 35' 43" E a distance of 60.24 feet to a point for corner.
N n. 40' 00" E a distance of 33.34 feet to a point for corner.
N_380 56' 46" W. distance of 14.83 feet to the POINT OF BECINNINC.
Page 2 of a 2 Page Exhibit B
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EXHIBIT C
Beina a 0.0508 acre (2,214.85 sq. ft.) lease tract comprising part of a
'.4925 acre tract designated "Tract 2" according to deed fUed under Harris
County Clerk's Fi1m Code Number 183-17-2544 et seq., and being part of Lots
22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-3S, Harris
County, Texas; plat of said subdivision recorded in Volume 85, Page 596, Barris
Count~ Deed Records. The 0.0508 acre lease tract is more particularly described
by metes and' bounds as follaws;
Commencing at a 5/8 inch iron rod found for the Nortbwest corner of a
0.9591 acre tract, being part of Lot 23, W. B. Lowrance Subdivision as surveyed
by B. Carlos Smith, Engineers & Surveyors, Inc., on March 2-4, 1983; said
poiDt being coincident with the Northeast c'omer of the Vista Baywood Apartment
tract of land that was conveyed by Frank Bonner Howard to George B. Rush and
Omera Properties, Inc., on December 10, 1971, according to the deed of record
filed under Harris County Clerk's File Number D-480689.
Thence, S 7V 55' 34" E. coincident with the North boundary line of the
0.9591 acre tract; a distance of 200.02 feet to the Southwest corner of the
0.0508 acre lease tract and the POINT OF BEGINNING.
Thence, N 3:r DO' 00" E. a distance of 51.02 feet to a point for corner.
Thence, S 47'! 37' 54" E, passing at 48.80 feet the start of the North
edge of a timber bulkhead and continuing coincident with aforesaid bulkhead
for a total distance of 80.74 feet to a point for corner on bulkhead.
Thence, S 490 36' 04" E; coincident with the North edge of the timber
bulkhead. a ~istance of 7.63 feet to a point for corner, on bulkhead.
Thence, N 7V 55' 34" W; coincident with the North boundary of aforesaid
0.9591 acre tract and passing at 74.7 feet a 1/2 inch iron rod (Call 5/8 inch)
found for reference corner. for a total distance of 94.7 feet to the POINT
OF BEGINNING.