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HomeMy WebLinkAbout01-03-1985 Public Hearing and Regular Meeting (2)�v AGENDAt 2.gD 1 e l-Z- a PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION TO BE HELD ON JANUARY 3, 1985, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 7:00 P.M. 1. CALL TO ORDER - 2. CONSIDER THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 6, 1984 a/- 3. PUBLIC HEARING CALLED TO ORDER REQUEST OF DON WELCH OF DECKER MCKIM REALTORS TO HAVE AN "UNRESTRICTED RESERVE K" TRACT OF LAND IN BROOKGLEN, SECTION 3 ON FAIRMONT PARKWAY BETWEEN THE CORNERS OF BROOKWOOD AND 4�1 SOMERTON, REZONED FROM "RESIDENTIAL" TO "COMMERCIAL" TO ACCOMMODATE FUTURE RETAIL -COMMERCIAL DEVELOPMENT. a S A. THOSE WISHING TO SPEAK IN FAVOR OF THE REZONING REQUEST B. THOSE WISHING TO SPEAK IN OPPOSITION OF THE REZONING • �y REQUEST ° PUBLIC HEARING CLOSED PLANNING AND ZONING WILL SUBMIT A RECOMMENDATION IN WRITING TO CITY COUNCIL 4. REVIEW AND DISCUSS PROPOSED SUBDIVISION ORDINANCE AND RELATED ELEMENTS OF THE COMPREHENSIVE PLAN - B. Speake 5. ADJOURNMENT 6 • • • AGENDA PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION TO BE HELD ON JANUARY 3, 1985, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 7:00 P.M. 1. CALL TO ORDER 2. CONSIDER THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD ON DECEMBER 6, 1984 3. PUBLIC HEARING CALLED TO ORDER REQUEST OF DON WELCH OF DECKER MCKIM REALTORS TO HAVE AN "UNRESTRICTED RESERVE K" TRACT OF LAND IN BROOKGLEN, SECTION 3 ON FAIRMONT PARKWAY BETWEEN THE CORNERS OF BROOKWOOD AND SOMERTON, REZONED FROM "RESIDENTIAL" TO "COMMERCIAL" TO ACCOMMODATE FUTURE RETAIL -COMMERCIAL DEVELOPMENT. A. THOSE WISHING TO SPEAK IN FAVOR OF THE REZONING REQUEST B. THOSE WISHING TO SPEAK IN OPPOSITION OF THE REZONING REQUEST PUBLIC HEARING CLOSED PLANNING AND ZONING WILL SUBMIT A RECOMMENDATION IN WRITING TO CITY COUNCIL 4. REVIEW AND DISCUSS PROPOSED SUBDIVISION ORDINANCE AND RELATED ELEMENTS OF THE COMPREHENSIVE PLAN - B. Speake 5. ADJOURNMENT • Ll C 2. 3. MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION JANUARY 3, 1985 The meeting was called to order by Chairman Doug Latimer at 7:00 P.M. Members of the Commission Present: Chairman Doug Latimer, Members Bruce Hammack, Bobby Blackwell and Janet Graves Members of the Commission Absent: Lola Phillips, Charlie Doug Boyle, and Karl Johnston City Staff Present: Assistant City Attorney John Armstrong, City Engineer Bob Speake, Director of Community Development John Joerns, Chief Building Official David Paulissen, and Assistant City Secretary Laura Hall Others Present: Pam Smith, Bayshore Sun; Mrs. Vivian Covington, Mr. and Mrs. William Bower; Mr. Don Welch, Decker McKim Realtors; Mr. John Welch, John D. Welch & Associates; Mr. Don Ford; Mr. Ed Pipes, representing Brownies Convenience Stores; Mr. Buster Ballard; Mrs. D. Sullivan; Gladys and Al Rivera; Mr. Russell French, and several interested citizens The Commission considered the approval of the minutes of the Regular Meeting held on December 6, 1984. Motion was made by Bruce Hammack to approve the minutes as presented. Second by Bobby Blackwell. The motion carried, 4 ayes and 0 nays. Ayes: Latimer, Hammack, Graves, Blackwell Nays: None Chairman Latimer called the Public Hearing to order at 7:03 P.M. A Public Hearing was held to consider the request of Don Welch of Decker McKim Realtors to have an "Unrestricted Reserve K" tract of land in Brookglen, Section 3 on Fairmont Parkway between the corners of Brookwood and Somerton, rezoned from "Residential" to "Commercial" to accommodate future retail -commercial development. • Minutes, Public Hearing and Regular Meeting La Porte Planning & Zoning Commission January 3, 1985 A. Those wishing to speak in favor of the rezoning request Mr. Don Welch introduced Mr. John Welch of John D. Welch & Associates to speak in favor of the rezoning request. Mr. Welch stated that the sight was under contract to be purchased for the establishment of a convenience store, namely "Brownies" and that the selling price was $5.00 per square foot which was a very good price for this piece of acreage. He stated that this convenience store would serve the residents in the Brookglen Subdivision and would also attract customers from passing traffic along Fairmont Parkway. He explained the pipeline division and general layout of the property in question. The Commission had no questions of Mr. Welch. Mrs. Gladys Rivera then spoke in favor of the rezoning request as she felt that the convenience store would be the only suitable business for that location. She asked if the store would be maintained and if a privacy fence would be installed and if there were some means of guarding against loitering so that the residents would be safeguarded. The Commission had no questions of Mrs. Rivera. Mr. Don Ford spoke in favor of the rezoning request and also • that he would like to see all the former commercial land rezoned to its former state of "commercial". He stated that he had several properties he would be interested in selling but that he could not sell them currently because of the "residential" zoning in the areas that used to be "commercial" before the annexation of the entire area. The Commission had no questions of Mr. Ford. Mr. Ed Pipes representing "Brownies Convenience Store" spoke in favor of the rezoning stating that this line of convenience store was very respectable and that every precaution would be taken in making the store at this location just as respectable so that the residents in this area would be safeguarded against property devaluation and loitering of persons on the premise. The Commission had no questions of Mr. Pipes. A " /� • • Minutes, Public Hearing and Regular Meeting La Porte Planning & Zoning Commission January 39 1985, Page 3 Chairman Latimer thanked all those speaking in favor of the rezoning request. B. Those wishing to speak in opposition of the rezoning request Mrs. Vivian Covington representing the business owners along Spencer Highway spoke against the rezoning request stating that she did not feel this property should be considered until the properties along Spencer Highway had been considered and finally rezoned to their former state of "commercial" zoning. Mrs. Covington stated that the City Council had instructed the Planning & Zoning Commission to take precedence on this request and that the business owners wanted action as soon as possible. Chairman Latimer thanked Mrs. Covington for speaking and stated that the Commission was working on the Spencer Highway zoning. Mr. William Bower spoke against the rezoning for the same reasons Mrs. Covington gave in her presentation. Chairman Latimer assured the business owners along Spencer Highway that every effort was being made to solve their dilema. Mr. Russell French was called upon to speak against the rezoning but stated that he had nothing further to say. Chairman Latimer asked if anyone else had anything to say either for or against the rezoning. There were no other comments. Chairman Latimer then called the public hearing closed at 7:47 P.M. and stated that the Planning & Zoning Commission would submit a recommendation in writing to the City Council. 4. The Commission reviewed and discussed the proposed subdivision ordinance and related elements of the Comprehensive Plan." City Engineer Speake reviewed with the Commission the "homework" assignment he had mailed out during the Christmas Holidays. Mr. Speake stated that, now that a Table of Contents for PICM has been prepared, the Staff has decided to organize the manual into chapters rather than sections and that the platting process has been inserted as Chapter 2. The holiday mailout material (PICM Section 2.00, The La Porte Platting Process) replaces all parts of PICM given out to the �J Minutes, Public Hearing and Regular Meeting • La Porte Planning & Zoning Commission January 3, 1985, Page 4 • Commission previously. The remaining sections of Chapter 2 will be mailed out to each member before the February 7th meeting. Mr.. Speake went over the highlights of PICM Section 2.00. He stated that it contains the essence of the entire Development Ordinance. If agreement can be reached on Section 2.00, the Ordinance can be drafted by Assistant City Attorney John Armstrong and City Engineer Bob Speake and presented in essentially final form at the February 7th meeting. After some discussion, Chairman Latimer asked if any Commissioner had any problem with any of the language in Section 2.00. It was the general consensus of the Commission that Section 2.00 describes a workable platting process for La Porte and that Mr. Armstrong and Mr. Speake should now translate that process into the Development Ordinance. 5. There being no further business to come before the Commission, the meeting was duly adjourned at 8:56 P.M. Respectfully submitted: Laura Hall Assistant City Secretary Passed & Approved this the day of February, 1985. Doug Latimer, Chairman • I ,. CITY SECRETARY OF LAPORTE, TEXAS, 9Ps LAPORTE, TEXAS • ARLIE W BRANTLEY AND WIFE, A JANIE BRANTLEY own LOT 162 and LOT 161, BLOCK 10, SECTION 2 of SPENWICK PLACE and request that this property beR oned COMRCIAL. This property has been commercial since before we purchased it in 1956 and there has been a common building operating as a business (JUDGES OUTBOARD) for the past 2I years. Presently, it is used as rental property to retail sales businesses and plans are to continue on this basis. We also have paid taxes rated as commercial property since year of purchase. E We, therefore, submit this request toRZONL LOT 161 and LOT162 as commercial, that being the classification prior to annexation of LAPORTE on Jan I, 1984. Attachments of proof of ownership and a map are enclosed. is Also enclosed is a check for $I00.00 for application fee. ARLIE W BRANTLEY ' A. JANIE`'BRANTLEY 0 9 n, 117 4980) 114 161 ( 16fl-3 115 I T8 1170 h I LJ LJ �7 +J{ 0 t r+ - 4 tl•t 40-11 tl. 1�.. +u�t lf.11+ t . 4t N i �i F $-:f, lf•I.0 MON OMERYu•� IkANE'f t«/* t '+ 4 >1 �'',► r I r-1 r � , ts; r 1 r r 4.244 f ,+ JLJU LJ LJ J is 8 1 189 `ZA 261 tL- r r� r--i --1 r—i r (LJ J L-J L_ L LJ L.J t +f t '. r us *22 l •) • ate•• -- I t_.J L,J L_ LJ LJ b L_.I 9 13 134 143 58 144 lr...J LJ JI ILJ LJ L r� LJ L J i �+ + z � z�a }a�• \ v + �* L 43-S .y `v1` +zs� 2J•• .Lf•l z••e:1 CAT T rst�N 7l+ +Zt•/ u. t tcAN tl• .r♦ zt. + 4- zo rn LJ J LJ\If '� •A L. J L L J ( I rcr. t4 tt .• � n r� 1r1r t J LJ L (..J LJ °� r 2 L J 23 Z4 232 LJ LJ LJ L L.J LJ J '� t t Jf tt•I tr.e 4.1t•4 1z z/I ll•I+ tJ • BELFAzs•sa »+ itfrti tt.ds� ANE JQ,sza z6.f•+ t tr+ r� .� (--I + r LJ LJ L LJ L-J J Ll 7 J 26rw 0% L1111"P%Lp 2 258 I c L LJ LJ 1..� L LJ L 0 3 zi - � - --_. ♦ lit- -- - - -- -- t E F tr scic tom• C14RL0W arr* r 4+lsr[tL s�. t- ♦ r • r� r1 J L J L LJ L-� L ~ r. t\ �;4 303 304 312 lb- T'- y 11�—wrYwiwrnaT' CLLD—.--`... � . YwaaM w.Y�s.+.. r.. •...�.• II' 01 r� JA 1•14•66 4 3 5 1 C 231797 LS D FD 1.4 � The Mate of • degas nn as, Know All Men by These Presents: COUNTY OF I-LiRIb U t L I I F s- t; OF L► c THAT -Ya , M. D. RAY and 174.. ZLL E. L-Y VOL M9 PAGE 96 of the County of Harris State of Teas for and in consideration of the sum of Ten and 11:o/10C Dollars and other good azid 'al"U b-!i; consideration:, to in hand paid by - y 0= 1-1. 1?.\r b:Y'il.EY and Rife Oyu DOLLARS have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said a.RI.IE 1.7. BRaIMEY ::ils L. ub..IE B..L=Y of the County of State of all that certain i.:ot �10. 161 In BlOCii iC , Section 'lG . < Oi ►JrL:...Ili1\ -Al1s�CiE � ^ ad additiJ.Z in .�i.ounty, Tc?as, accc.L-ding `.r, the Map recorded in Volume 4,9,; Pab- fl, '--a., :,;cords of ::ar:is County ca m a.v Y� C J is VZ rl - O Z V C �I • G .saw r � X IYYMI Y' TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said LRAL 1. K.�::Iliff and rife Jd::u, 13?.AI71—ILY heirs and assigns forever and do hereby bind heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises anto the said • r qn.an a �� rni �r• heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS Dar hand at Houston, :'a::a:, this 2na day of LzceLibur 19 65 Witness at Request of Grantor: ,' i • THE STATE OF TEXAS SINGLE ACKNOWLEDGMENT .....- County of . WL 6209 f-AI1C 97 ...............'------ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person_-_ whose name.._ -._._._.__-..subscribed to the foregoing instrument, and acknowledged to me that ...-..he.__ executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ....... ... _...... day, Of. .._------ _ _ ._. _._......___, A. D. 19...__. (L.S.) Notary Public in and far__.._.._.___ _..__.—_County, Texas. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, County of- ...................................... .....} BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ------------------------------------- ---- ---- -- wife known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE th is ... ........ ... _..day A. D. 19...-- (L.S.) Notary Public in and for_._._... . -—--County, Texas. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, County of..... "ems BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ..___.__.___.._..----.--__._------•--_.._._.._...__._w___._.______..,his wife, both known to`;Die .to.be-the! persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each'.. utecj; the same for the purposes and consideration therein expressed, and the said wife of the said.__..w_ L _ 1ka3L having babn e* iUined by me privily and apart from her husband, and having the same fully explained to her, she, the ►- �— �' Y. _acknowledged such instrument to be her act and deed, 'and she decldred that she had willingly signed the same for the purposes and consideration therein e . � _ PAP expressed, and #bit'she.did-not-wish to retract it.` :'. GIVEN.MY HAND AND SEAL OF OFFICE th is...,_ <-?d...day of__. 9-qA- .­._._.__., A. D. 19.._65 - ' 1- •' ''�� "" No yPub/lic in and for._.--.i�---,--___� Texas. THttTATE;OF TEXAS, County of„ t- -- - -------------_.......... _... } I HEREBY CERTIFY that the foregoing instrument of writing, with its certificate of authentication, was filed for record in my office on the --_--___--day of.�..__--_--_-_..... _.._..., A.D. 11-__, at -_---o'clock ... ....... M., and was duly recorded by me on the. ---.—..day of .-_--_-._-_-.---_—___--, A. D. 19.__--, in Vol __................... .... page_.._..__...._.____......__.__., of the Records of Deeds of said County. WITNESS MY HAND and the Seal of the County Court of said County, at my office in the day and year last above written. a C� A 0 a w (L.S.) County Clerk.._.._------•-..__-._.._._ __.._..___..County, Texas. O ; E C --s • ■ E..o ;r c�yE c-s a L ■ C 0 00 iji E r ■ W �o C�. 0 W [L • � <� ar I. 5Var R i 1 be a" 0 i 0 0 M a 1.4 �Q 0 Ink. M d d 44 L r C L C C Ia 11 101 =A • imercza Standard gnsurance Companyr A Corporation of Fort Worth, Texas (herein called the Company). :> :D r.. ✓alue Received DOES HEREBY GUARANTEE To ARLIE W. BRANTLEY AND WIFE, A. JANIE ANTLEY -rein styled assured, their heirs, executors and administrators, that the y ha ve good and Indefeasible title to the following described real property: " Lot One Hundred Sixty One (161), in Block Ten (10) of SPENWICK PLACE, SECTION TWO (2), an addition in Harris County, Texas, according to the map or plat thereof record? ' ed in Volume 48, Page 11, of the Map Records, Harris County, Texas, said property being particularly described in Deed dated December 2, 1965, from M. D. Ray and Franee� D E. Ray to the insured herein. :..� p subject to: ''-5` _s 1. Following liens: N 1:>. •'; N :> .;D E 2. Restrictive covenants affecting the property above described. 3. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or any overlapping of ' ' improvements which a correct survey would show. > " 0, 4. Taxes for the year_L414 and subsequent years. 6. Rights of parties in possession. 6. Five (5) foot ground public utility easement over the rear, and five (5) foot '= ? aerial easement adjoining all ground easements as shown on the recorded plat of said';;>••T addition. t 7. Fifteen(15) foot drainage easement on either side of all gullies, ravines and=?`y of atural d'laint§Q %parses as shown thn the recorded plat of said addition. Z>' ' `did Company sha 1 not lia a 11, a greater amount than actual monetary loss of assured, and in no event shall said Company be liable for more than THREE THOUSAND AND N01100 - - Dollars, z> Iand shall, at its own cost, defend said assured in every suit or proceeding on any claim against or right to said land, or any part thereof, adverse to the title hereby guaranteed, provided the party or parties entitled to such defense shall, i :D within a reasonable time after the commencement of such suit or proceeding and in ample time for defense therein, give <-�.. said Company written notice of the pendency of the suit or proceeding, and authority to defend, and said Company >4 .� sshall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to a which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the property, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the whole property, such ratio to be based on respective values determinable as of the date of this policy. In the absence '• :f notice as aforesaid, the Company is relieved from all liability with respect to such claim or demand; provided, how- };>!•' �«, that failure to notify shall not prejudice the claim of the assured, if such assured shall not be a party to such ,. _,on or procedure, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the i > •y -.nany shall be actually prejudiced by such failure. Upon payment of any loss hereunder, the Company shall be entitled to be subrogated to all rights of assured against -..:er parties. 1pon sale of the property covered hereby, this policy automatically thereupon shall become a warrantors policy and ;;> •� gyred, his heirs, executors and administrators, shall for a period of twenty-five years from date hereof remain rotected according to the terms hereof, by reason of the payment of any loss he or they may sustain on account warranty contained in the deed executed by assured conveying said property. The Company to be liable under :> ...nty only by reason of defects, liens or encumbrances existing prior to or at the date hereof (and not excepted uch liability not to exceed the amount above written. _ ,ag contained in this policy shall be construed as insuring against loss or damage by reason of fraud on the > assured; or by reason of claims arising under any obligation of the assured; or under any act, thing, or -nship, done, created, suffered or permitted by the assured. 'NESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be countersigned by the duly authorized Agent or Representative of the Company. }:> n ��'•- i (SEE REVERSE SIDE HEREOF) SPENWICK PLACE 0 General Warranty Deed DFFD RECJRi,3 + _ riTE OF TEXT i KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF HARRIS _•$•Deutser,Trustee vo 442,?1 t',-F 454 and in consideration of the sum of Ten and No/100 of Houston, Harris County, Texas, hereinafter styled Grantor, for • )�� hand paid by m ($10.00) Dollars cash and other good and valuable considerations to rif of Harris County, Texas, hereina ter styled ran ee IE P t !z by these presents does hereb , (wheer one or more) has granted, bargained, sold and conveyed and described property y grant, bargain, sell and convey,unto the said Grantee, his heirs, and assigns, the following P P yin Harris County, Texas, sell Lot or Tract No 162 ---- Block No =10 of SPENWICK PLACE, Section Trvr ( i a subdivision in the William M. Jones Survey, Harris County, Texas, according to the map or plat thereof recorded in the Records of Harris County, Texas. This conveyance is made and accepted subject to the following conditions, covenants, restrictions, and reservations which shall be in effect until January 1, 1980 and shall be deemed and held to be covenants running with the land and binding upon the Grantee, his heirs and assigns, to -wit: spencer H ghway map t13USe for bu_inessitPncnr ighwnv sh.,ll be u—i fnr r. eiA. nrn p„rn�ann ..n7y. C. t.7 t_n.•t.. t......v ..,. y e used for business sites. However, Seller reserves the right to a business, and all front elevations on business property shall be made of either b;i�k, tile, stone, Plaster or concrete blocks. Side of building if metal or wood must be approve type o! building and type of and and to eliminate the type of business that may be objectionable tona completion, desirable residential section. seeto tionrn a high stand- ard No building shall be located nearer to the front lot line or nearer to the side street line than the building set back lines shown on the recorded plat. No building, including detached garage or other outbuilding, shall be located nearer than 5 feet to any side lot line. No permanent residence or attached appurtenances shall be erected on any lot further than 50 feet from the front lot line. Each corner shall be deemed to front on the street on which it has the smallest frontage. 3. There shall not be built in said subdivision any residence with less than 700 square feet of floor space. Buildings may be incomplete in the interior. No metal or tin building shall be used for residence purposes. All buildings used for residence purposes shall have either gable or hip roof of shingles, either wood or composition. No ordinary box type may be used for residental purposes. All buildings, except brick or plaster over hollow tile, shall be painted before occupancy with two coats of good paint. Garages may be built of metal, but not of shed roof type. Garage may be attached to residence. o Only a single family dwelling or duplex may be constructed on any residential site. Temporary dwellings are not permissible. 4. No bill boards shall be erected or maintained on any residential tract. No church may be constructed or maintained on any residential tract. No junk yards, no tourist camps, no dance halls, no used -car lots, and no beer gardens shall be main- tained on said property. 5. No site shall be used for the purpose of raisin hogs, .,. horses, mules, cattle or animals of an kind providing that g , goats, sheep, rabbits -)r other animals, or as a place for keeping • his own use and pleasure not exceeding one milk cow and oneehorse, orto a cow and/orof each cmuleYNoecodomestic animals for mmercial dog kennel shall be maintained in the subdivision. 6. No cess pool shall ever be dug, used or maintained on any tract. Each and eve a septic tank for sewage disposal prior o occupancy, but lateral lines shall not be run Into road ditches and drainage must be disposed of on the property. Outside toilets are strictlyIY occupant of a residence shall install prohibited. 7. Easements are reserved for utility installation and maintenance as shown on the recorded plat. There is also dedi- cated for utilities an unobstructed aerial easement five (5) feet wide from plane twenty (20) feet above the ground upward ad3 scent-to.all.easements shown -thereon., a greater size should ditches be of a depth to require same, in order that drainage will not be retarded. 8. Bridges constructed over �-�"`�"'"`"'•""""^'-'-� --------r—��—•.--.---_.___.._.__.. property line ditches shall be of concrete o Pipe and of a size not less than 18 Inches, or of 9. Should the parties hereto, or any of them, their heirs or assign;, violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning property in the aforementioned subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing, or to recover damages or other dues for such violation. 10. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 11. The purpose of the foregoing restrictions is to maintain a high standard of living conditions and thereby make it a desirable residential section. It is understood and agreed that, should there be a violation, or attempted violation, of any of the foregoing covenants and restrictions by any purchaser in said subdivision, the Grantor is in nowise responsible, either financially or otherwise. This deed is executed and accepted expressly subject to the oil, gas, and mineral royalty amounting to one-half of one - eighth of all oil, gas, and other minerals produced and saved from the land reserved by Ethel B. Pierstorff, et al, in deed dated July 24, 1952, recorded in Volume 2482, Page 585, Deed Records of Harris County, Texas, and expressly subject to oil, gas, and mineral lease to Emory T. Carl, covering the above described property, recorded in Volume 737, Page 139, Contract Records of Harris County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his heirs and assigns, forever. And Grantor does hereby bind itself, its successors and assigns to want and forever defend all and singular the said premises unto the said Grantee, is heirs and assigns, against every person whomsoever claiming or to claim the same or any part thereof. Grantor makes no warranty as to taxes accruing against the herein conveyed property subsequent to the taxes for the year 193-k— n the ee herein is more an one wereW he nged to otrrespond, and when the Granteenherein this i Instrument corporation, the words, and assigns", con- strued to mean "successors assigns, thoughpertinent verbs and pronouns gns, and legal representativesgns' , shall be con - Executed, this 6th day, of JuZle L61 --i A. D. 19 �--- -ter ---� l�=l�. BY 4 E •�• De utser STATE OF ,`lrustee = - TEXAS COUNTY .Qk'- l �— -- Pf ORE. AM, the•, 4" dersigned authority, on this day �.r • •• ,, ••_ Y personally appeared I. S. DtSer me to be known bed*to the. foregoing instrument and acknowledged to me that he ex27QK C the asan_ie�fort the erson whose name is sub - purposes and and 14 .the, capacity therein stated as the act and deed of said corporation. purposes and consideration GIVEN ' �undermy...band and seal of oNi this The day of � A. D. I9�, 1_ Notary Publiglin and for Harris County, Texas. • • +CITY OF LA FORTE PHONE (713) 471-5020 • P.O. BOX 1115 • LA PORTE, TEXAS 77571 Cash p Check :e/ 33 RECEIPT 010669 DATE 1 — y — O s Money Order Cashier Check RECEIVED FROM alzl� , PAYMENT FOR AMOUNT S � .-,� DESCRIPTION�Gc�zJ .L� • CASH I ER '