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HomeMy WebLinkAbout02-07-1985 Regular Meeting~.`' r ~~r ~. '~; r ~. ^':i s AGENDA ~ .' REGULAR MEETING OF THE LA PORTS PLANNING AND ZONING COMMISSION TO BE HELD ON FEBRUARY 7, 1985, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTS, TEXAS, BEGINNING AT ii D . 1. CALL TO ORDER t' ~'lf _ 2. CONSIDER THE APPROVAL OF THE MINUTES OF THE PUBLIC HEARING ~-f ~ AND REGULAR MEETING HELD ON JANUARY 3, 1985 -`~o`J~vr~' ~3ruCe Man~r~~:oC.F~, - SPCdY ~N ° f'SQ~~ JOhr"l`a'~Ofl -- ~~ _ ~ 3. PRESENTATION AND CONSIDERATION OF REQUEST OF ARLIE W. AND A. Q2- JANIE BRANTLEY TO REZONE LOTS 161 AND 162, BLOCK 10, SECTION ~~~"`c~' ~ 2 OF SPENWICK PLACE, FROM TEf9PORARY R-1 TO COMMERCIAL - Mr. ~~~-`` and Mrs . Brantley 5~'~ . 4. DISCUSSION OF LAND PLAN - D. Latimer Q~--~•~~~~~^ 5. REVIEW AND DISCUSS PROPOSED SUBDIVISIOfd ORDINANCE AND RELATED • ELEMENTS OF THE COMPREHENSIVE PLAN - B. Speake/J. Armstrong Clclop+ dime-Fable- P'~°~o~i~ol-~ rti,a~l~ I~t~ t4Gvl ,~hr~~#~~ 6. ADJOURNMENT Second b~.~ '~3~u.e@ (-InmmaCl~,, ,~.~ ~,Q ~ '~.~-~~, ' J J I~uTL_ ~LZ.Q.J~Q~~St..V ~~~ hC y ~,~ ~C~e,. U.7. t A . ~ c~,,~ ~.e, '~i t~.rz 1_'CC.c~L , d ~ ~~ , l~, ~~-~4,E.~L}CLY7 ~ ~~ Pa m J r, , ~t-7~a ~ ~-0 j' _ ~ (~Q~7 1. < < ~J - " a v • Q • • MINUTES OF THE REGULAR MEETING OF THE LA PORTS PLANNING AND ZONING COMMISSION FEBRUARY 7, 1985 1. The meeting was called to order by Chairman Doug Latimer at 7:00 P.M. Members of the Commission P esent: Chairman Doug Latimer, Members Bruce Hammack, Janet Graves and Karl Johnston Members of the Commission Absent: Phembers Lola Phillips, Charlie Doug Boyle, and Bobby Blackwell Clty Staff_Pres.ent: Assistant City Attorney John Armstrong, City Engineer Bob Speake, and Engineering Secretary Tina Anger Others_Present: 1~Ir. and P9rs. Arlie Brantley, Mrs. D. Sullivan, and Pam Srnith, Bayshore-Sun • 2. The Commission considered the approval of the minutes of the Public Hearing and Regular P9eeting held on January 3, 1985. Motion was made by Bruce Hammack to approve the_minutes as presented. Second by Karl Johnston. The motion carried, 4 ayes and 0 nays. Ayes: Latimer, Hammack, Graves, Johnston Nays: None 3. The Commission heard and considered the request of Arlie W. and A. Janie Brantley to rezone Lots 161 and 162, Block 10, Section 2 of Spenwick Place, from temporary R-1 to Commercial. Mr. and Mrs. Brantley chose not to proceed forward with their request at this time. They asked that the request be tabled indefinitely. The Commission agreed to table this item for an indefinite period of time. 4. Chairman Latimer discussed the land plan. The Commission felt it would be beneficial to adopt a timetable to proceed on the land use plan. Chairman Latimer assigned each Commission member a land use planning area to study • • • '~ Minutes, Regular Meeting La Porte Planning & Zoning Commission February 7, 1985, Page 2 • physical characteristics and political realities of the area. Mr. Speake stated that issues in each of these areas that need to be resolved, should be identified. Mr. Speake stated that he would like to start having individual land use planning area meetings on this .subject by the first of March, 1985. Motion was made by Karl Johnston to adopt a timetable on t~,e land use lan. Second by Bruce Hammack. The motion carried, 4 ayes and 0 nays. Ayes: Latimer, Hammack, Graves and Johnston Nays: None 5. The Commission reviewed and discussed the proposed development ordinance and related elements of the Comprehensive Plan. City Engineer Speake discussed Chapter Two of PICM and Assistant City Attorney John Armstrong will have the Development Ordinance mailed by Friday, February 15th. Mr. Speake stated that he will finish Table 2-3 and Section 2.06 on Planned Unit Developrent, prior to the next meeting. • 6. There being no further business to come before the Commission, the meeting was duly adjourned at 8:53 P.M. Respectfully submitted: Laura Hall Assistant City Secretary Passed & Approved this 'che day of February, 1985. Doug Latimer, Chairman C • . • MEMORANDUM CITY OF LA PORTS T0: Planning & Zoning Commission Members FROM: Laura Hall SUBJECT: Final Draft - Development Ordinance DATE: February 14, 1985 The final draft of the Development Ordinance was not ready for mailing on Friday. The draft will be handed out at the regular meeting of the Planning and Zoning Commission on February 21st, 1985. Laura Hall • • • CITY OF LA PORTS INTER-OFFICE MEMO T0: BOB SPEAF(E • FROM: D LISSEN DATE: 2/25/85 SUBJECT: RE-ZONING BLOCK 10, LOTS 165 & 166, SPENWICK PLACE The City has received and reviewed a request dated 2/12/85 for are-zoning from Mr. Glen Toiar on the above described property REQUEST Mr. Glen Tolar of the Glen Tolar Company has requested a re-zoning of Block 10, Lots 165 & 166, Spenwick Place. The request is to re-zone the tract from its temporary "R-1" residential zoning classification to "C" commercial to allow the construction of a day care center. This use is allowable in a "C" zone under the terms of the Zoning Ordinance. ANALYSIS As you know, this property is in the newly annexed area of Spenwick. It still maintains its temporary "R-1" zoning classification due to the annexation and is recommended to be "R-1" single family in the proposed master plan. The property lies along the North side of West • Main (Spencer Hwy.) about 200 feet West of Underwood Road. It is adjoined on the West side by an existing retail strip center that was built by Mr. Tolar just prior to annexation. It is adjoined on the East side by a small restaurant. This site is directly across West Main from the large Safeway shopping center and is surrounded on both sides by existing commercial uses. The use is compatible with existing uses in the area. RECOMMENDATION This request is in keeping with the Planning and Zoning Commissions policy for the annexed area in that there is a specific use indicated on the request. The described use is compatible with the area and would not have a negative impact on the ,cAmmunity. Based on these facts the staff would recommend the granting of is this request to re-zone the above described property from temporary "R-1" to "C" commercial to allow the construction of a day care. ~- / • • • '~ • BOX 423 DEER PARK, TEXAS 77536 February 12, 1985 IC .~ 713 / 479-9791 Ms. Black City Secretary La Porte, Texas Dear Ms. Black: I am requesting rezoning of Lots 165 and 166, Block 10 of SPENWICK PLACE, SECTION TWO (2) from residential to commercial. The purpose of this rezoning is to allow a day care center to be constructed on this site. The lots are located two hundred (200) feet west of Underwood Road on Spencer Highway. Thank you for your cooperation. 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Vf M u~o] -yc 1 . nIWUU I ~ I ~~~ .Q ,Wwa ,OwlrMl '=~E rif aS~ I a ~ ~ _~ I YT ;j.~ M 1 W«I>J ~ 1IMI~ 'CC~111 w ~ ~u~.~~rl~ ~ ~ _ / ~• // 1 °1{avtrYt~„'w; a~a: h-_ `~ :NI ~I ~ a LT/ / --~ '' Y ~' Irw I ~ ~ ~ 005-7 I -0586 , ~~~~~ 3~ Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-I-76. Revised to include grantee's address (art. 6626, RCS) I-1-82. WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL )`4EN BY THESE PRESENTS: COUNTY OF HARRIS That I, DELBERT BROD, of the County of Harris and State of Texas for and in consideration of the sum of TEN AND NO/100 ($•10.00) ---------------------------- ---------------------------------------------------------------DOLLARS and other valuable consideration to the undersigned paid by the Grantee Herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by ~ Grantee of his promissory note of even date herewith in the principal sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the • office in Deer Park, Harris County, Texas, as therein specified, and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, ~ v c.r'~ ~ c '? ~ >< ~ ~. i ({ - N ~~ ~ -_ ~_ ~ L' l- 4 ' --J ~V • the payment of which note is secured by the vendor's lien herein retained, and is additional)}' secured by a deed ! f trust of even date herewith to H . , E . DUDLEY , Trustee, ftavc GRANTED. SOLD AND C'ONVEY'ED, and by these presents du GR.~\T. SL-LL AND CONVEX" unto ,. GLENN TOLAR `~ ,. of the County of Harris and State ~f Texas • all of the fullo~~•ing descrihcd real property ti Harris County, Texas, to-grit: Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an addition in arras County, Texas, according to the map or plat thereof recorded in Volume 48, Page 11, of the Map Records of Harris County, Texas. _ r' ~ 4 • ~ v ~ ~ -7 I -0586 . r ~+'7U 3~ Prepared by the State Bar of Texas for use by lawyers only. Reviewed l,.iUS 1 1-t-76. Revised to include grantee's address (art. 6626, RCS) t-1-82. WARRANTY DEED WITH VENDORS LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS That I, DELBERT BROD, of the County of Harris and State of Texas for and in consideration of the sum of TEN AND NO/100 (_$10.00) ---------------------------- ---------------------------------------------------------------DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by J Grantee of his promissory note of even date herewith in the principal sum of $60,000.00, payable to the order of ALLIED DEER PARK BANK, at the • office in Deer Park, Harris County, Texas, as therein specified, and bearing interest at the rates therein specified and providing for acceleration of maturity in event of default and for attorney's fees, ~ ~ ,< r ~ .~ ,r ~ rz ~-' w .r °~ V ~ -- Cn ~~_~ Y = r c 1 x -~- ~~',--~ '~ `~ N ::. •= v .,, i r. ~ L ~ 'v .. "~ the payment of ~~~hich note is secured by the vendor s lien herein retained, and is additionally secured by a decd ! f trust of even dart herewith to H ., E . DUDLEY , Trustcc, ha~c GRAI~'TED, SOLD AND CONVEYED, and by these pr~scnts d~~ GRANT. SELL AND CONVEY unto `•^~ ~ ; ` GLENN TOLAR ~~ '~~ of the Count~• of Harris and State of Texas ,all of the follrn~•in~ dcscrihcd real propcrty~in Harris County, Texas, t~~-~~it: Lots 165 and 166, Block 10, of SPENWICK PLACE, SECTION TWO (2), an addit' in arris Count Texas, accordin to the ma c 1 t the e Y 9 p r p a r of recorded in Volume 48, Page 11, of the biap Records of Harris County, Texas. .~ • MEMORANDUM March 1, 1985 T0: PLANNING AND ZONING COMMISSION • FROM: CHERIE BLACK, CITY SECRETARY SUBJECT: REZONING REQUEST OF MRS. M. D. COLLETTE Mrs. Collette visited me earlier this week regarding the above request. After I explained current Planning & Zoning policy regarding rezoning to her, she has decided not to pursue having her property rezoned until after the Master Plan and Zoning Ordinance are finalized. I would request that you act on this application, however, so that I may inform Mrs. Collette of the Commissions decision. Thank you for your cooperation. ~ / Cherie Black City Secretary ,, ~-~ r~ • • ~- i CITY OF LA PORTS ~ INTER-OFFICE MEMO T0: BOB S KE FROM: D ULISSEN DATE: 2/26/85 SUBJECT: RE-ZONING, SPENWICK, BL. 7, LOTS 111 ~ 112 The City has received and reviewed a request for the re-zoning of Block 7, Lots 111 & 112, Spenwick Place. RE UEST Mrs. M. D. Collette of Lufkin has submitted a request for rezoning on the above described property. The request is to change the zoning classification from temporary "R-1" to "C" commercial. No specific use is given. ~~.MMAT~Y This property is located at the Southeast corner of Hillsdale and West Main St. (Spencer Hwy.). The site is just West of the Glen Tolar/Mike French Shopping Center and across West Main St. from the Safeway Shopping Center. The surrounding uses in this area are commercial/ retail. $ECOMME~LATION This request is not in keeping with the current Planning and Zoning policy for re-zoning in the annexed area. No use is proposed and construction is not planned at this time. This area is now under consideration in the proposed master plan and zoning ordinance. Based on these facts the staff must recommend that this request be denied until such time as a specific project is proposed. If a project is proposed then staff will review it based on its merits at the time. ,. c - ~. .' ~ ~~ • . ~' • • CITY OF LA ~ORT~ PHONE (713) 471-5020 • P.O. BOX 1115 • LA PORTE, TEXAS 77571 Cash // G ~' Check ? ~Zy~ RECEIPT `:~ 11 y "i y DATE ~ ^'~O V O ~ Money Order Cashier Check a~ ~ ~ RECEIVED FROM ' r PAYMENT FOR ~ , ,MOUNT S L DESCRIPTION :~`~~ ~~r~ ~! Z~ l ~ f , '" 1~ =~ v / ~ - ..J • Ms. Cherie Black City Secretary City of LaPorte LaPorte, Texas 77571 Dear Ms. Black: 300 Champions Drive, Apt. 1001 Lufkin, Texas 75901 February 5, 1985 Am asking that the Planning and Zoning Commission and City Council of LaPorte to please consider my request to rezone my piece of land in Spenwick Place Addition that faces Spencer Highway from residential to commercial. The legal description of these lots are Tracts fVos. 111, 112, and 113 of Block PJo. 7, of SPENI;IICK PLACE, Section 1, a subdivision in the t~Iilliam M. Jones Survey, Harris County, Texas, according to the map or plat thereof recorded in the Deed P.ecords of IVarris County, Texas. 'rJe bought this land in the 1950's, over thirty years ago, for an investment and paid them out. 41e have paid taxes to the City, County and Schools of LaPorte and also for the San Jacinto College all this time. These lots are really not suited for residential being on the busy highway and businesses have filled about every space on the east and west side of my property with a large shopping center in the same • block on Underwood and Spencer Highway. I am enclosing a copy of the Deed on Lots 112 and 113, which was recorded in Volume 3917, page 534, Geed Records of Harris County, Texas. I am enclosing a copy of the Contract of Sale on Lot 111 as the deed for this has been misplaced. I can obtain a copy of the deed if it is necessary. The Harris County Appraisal District has set the market value of these lots too high for residential purpc~~s since they amount to just under $2,000.00 for taxation. Even though I'm well over age 65, I cannot apply for any exemptions because it is vacant land; therefore, I am requesting your consideration to rezone this property and am enclosing a check in the amount of X100 to cover applica~t'ion fee. Thank you. Sincerely yours, rte:--- Mrs. M. D. 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Y 1~ 2 } 4 + t t } ` ~ tsp *IS~ t2p.7 ~r ~ F, LJ J L J~ LJ ~^ i ~LJ ~ " • ~ j ~. IMri- ~ ~ i :303) 304'. ~ - I i 312 25.5 ~.. Z \ ~ V N Q t v i ~, ~ + t1') - ~ ~,., ' ~ ~~ i~ ., i \ ~~' ~ _ i \ _ ._~ i ~ \`• I i \ ~ ~~ \\\~ i \ ~ ~ ~' \ \ \ `\ ~ . ?\.\ ~ I \~ - ~ ~ \ 1 ~ ~ ~ \ ~, A~d~,E..~~'~fl~~ ~Y .,1 ~ , t~F L~- PORT SPENCER ~, ,~ + r • • PURCHASERS CONTRACT OF SALE SPENWICK PLACE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS THIS AGREEMENT, made sad entered into by and between YOCUM REALTY CO., a private corporation, of Houston, Harris County, Texas, hereinafter called Seller and_ i a • D • CO? ~ C ~tC ~, ~l~ :: O AC~10'1 ~. of Harris County, Texas, hereinafte chaser: ~': ~~ ~' WITNESSETH _yc,~,~y~~'~,.._sf!-~~.~1.~ ..:T_~iC uY- :. .i. 4'C t.: ..J~J~ Y~'~ ..eaw~~rr. /~~~ qyd in consideration of the sum of ~"'~' ""'`"'~~"`"`" '' i~/ ~C// ~~ nollara (~-~"~~ ~ • ~ ~) to be paid according to the terms hereinafter stipulated Purchaser agrees to buy from Seller Tract No 3"x-'1 of Block No 7 of SPENWICK PLACE, Sec 1 , ia' the Wm. M. Jones Survey, Harris County, Tezas. The purchase price above stated is to be paid to Seller as follows: nollara ($ ~ • ~nn© } in cash, the receipt of which is hereby acknowledged, and the balance in equal monthly payments of 1'~~~V n '~'~ r 1 each including interest, beginning on the ''yC'~t day of , 19 '~ ,and monthly thereafter until the total amount of this contract is fully paid, with interest on all unpaid balance at the rate of six (6%) per cent per annum, payable monthly from date on each installment as accrues, said monthly payments to be first applied to the pay- ment of interest and the balance applied to principal; payments may be made on or before the due date. Upon the payment of the purchase price with accrued interest to the Seller in the manner herein provided, said property will be conveyed by Seller to Purchaser by a Warranty Deed, but until such payments are fully paid, unless otherwise agreed in writing, title shall remain in Seller. The Purchaser will be given a guaranty title in the amount of the purchase price at the time property is conveyed to purchaser. It is agreed by Purchaser that, in the event of failure to meet any payment or monthly installment provided for under this contract for a period of thirty (30) days after it may become due, Seller shall have the right thereafter, at any time, to forfeit all previous payments as liquidated damages and rent. Notice of such cancellation being hereby waived, and in the event of such cancellation, all payments theretofore made by Buyer shall be forfeited to Seller as liquidated damages and rent and Buyer shall --t itsbe:cep-ist-en3d-property-s~~a-ends-creritr~eeomee-6eHer'ttenent at roll. r C~ Seller agrees to pay all taxes for the year 19-' Taxes for each succeeding year thereafter shall be paid by Purchaser, his heirs and assigns. Should Purchaser fail to pay any taxes before they become delinquent, the same may be paid by Seller and the amount so paid added to the amount, then due, of the purchase price of this contract, and the amount so paid shall bear inter- est at the rate of six (6%) per cent per annum. Purchaser may sell or assign his equity in this contract with the written consent of Seller. In the event of such sale or transfer the party so selling shall be joined by his spouse and execute a transfer to the new Purchaser, who shall succeed to all rights, delinquencies and liabilities hereunder. Seller expressly reserves the privilege of refusing to consent to any sale or trans- fer of equity while Purchaser's payments are in arrears This contract of sale is made 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 Pur- chaser, his heirs and assigns, and shall be incorporated in the deed to be executed hereunder, to-wit: (1) All sites except those fronting on Spencer highway shall be used for residence purposes only. Said tracts facing on: • Spencer Highway may be used for business sites. however, Seller reserves the right to approve type of building and type of business, and all front elevations on business property shall be made of either tile, brick, stone, plaster or concrete blocks. Sides of building if-metal or wood moat be painted immediately upon completion, the purpose being to maintain a high standard and to eliminate the type of business that may be objectionable to a desirable residential section. (2) No building shall be located nearer to the front lot line or nearer to the aide 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 b feet to any side lot line. No permanent residence or attached appurtenances shall be erected on any lot further than 60 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 pur- poses shall have either gable or hip roof of shingles, either wood or composition. No ordinary box type house may be used for residential purposes. All buildings, except brick or plaster over hollow tile, shall be painted before occupancy with two coats ....., of good paint. Gara~ea may be built of metal but not of shed roof type. Garage may a attached to residence. Only a single family dwelling or uplex may be conatructe~ on say 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 haliq,~no used-car lots, and no beer gardens shall be maintained on said property. `' (6) No site shall be used for the purpose of raising hogs, goats, sheep, rabbits or other animals, or as a place for keeping horses, mules, cattle or animals of any kind; providing, that~the occupant of each residence may keep domestic animals for his own use and pleasure not exceeding.one milk cow and one horse, or one cow and/or mule. No commercial dog kennel shall be maintained in the subdivision. ~ - (6) No cess pool shall ever be dug, used or maintained on any tract. Each and every occupant of a residence shall install a peptic hank for sewage disposal prior to occupancy, but lateral lines shall not be run into road ditches and drainage must be di~- posed of on the property. Outside toilets are strictly prohibited. (7) Easements are reserved for utility installation and maintenance as ahp~vn on the recorded plat. There is also dedicated for utilities an unobstructed aerial easement five (6) feet wide from plane twenty (20) feet above the ground upward located adjacent to all easements shown hereon. (8) Bridges constructed over property line ditches shall be of concrete pipe and of a size not less than 18 inches, or of a greater size should ditches be of a depth to require same, in order that drainage will not be retarded. (9) Should the parties hereto, or any of them, their heirs or assigns, violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person of persona owning property in the aforementioned subdivision to prose- -~?tP any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or re- `==~eti~n; and either to prevent him or them from 8o doing, or to recover damages or other dues for such violation. IN ORDER THAT YOUR ACCOUNT IS PROPERLY CREDITED PLEASE fURNISM LOT N0. ANO AQPI710N WHlrN MAKING PAYMENT. __ ~_ _ e -~ - -- ' ~ • The deed to be executed pursuant hereto will expressly except the oil gas, and mineral royalty amounting to one-half of one- 'ghth of all oil, gas, and other minerals produced and saved from the land reserved by Ethel B. Pierstorff, et al in deed dated y 24, 1952, recorded in Vol. 2482, Page 585, Deed Records of Harris County, Texas, and will be made expressly theldeed will and mineral lease to Emory T. Carl covering the above described property. In addition to said exceptions, reserve to Seller, its successors and assigns, oil, gas, and mineral royalty amounting to one-fourth ('/a) of one-eighth ('/e) of all oil, gas, and minerals produced and saved from the premises, said royalty reservation to be non-participating as to execution of or bonus paid for the making of oil, gas, or mineral leases. 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. The purpose of 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 a violation, or attempted violation, of any of the foregoing covenants and restrictions by any Purchaser in said subdivision, the Seller is in nowise responsible, either financially or otherwise. but will use his best efforts through Salsa Agents to adjust any violations. It is further understood and agreed that no representations, promises or agreements other than those contained in this con- tract shall be binding on Seller. , it is agreed that receipts for monthly payments may be issued by ARCHER DEVELOPMENT CO., INC., Houston, Texas, , and their authorised agents, unless otherwise advised by,Seller in writing. IN WITNESS WHEREOF we hereunto subscribe our names in Duplicate Originals of this contract at Houston, Harris __, A. D. 19 r0 County, Texas, this the~~~ • day of ~" " - -- - ' ' YOCUM REALTY CO. ~ Seller .~- President Attest: • Secretary ~,,, ~ Street Address ..Town (Zone) State t ~a~Y cR f vi+~~ t.-~ .. ~ ~OVMZ ~ WNE~ ~NG IN OROER~Nj N~ ~p10 ~ ttoN . FuRN~ 1A • ' i ,_ ._`.-..._,_ --- --- . ______ -~--. - __._.~ i C - '7 ~ `~~ -~ ~ STATE OF TEXAS i~~ ~ \,=i -~ F, ~ ~~~ ~ =~ .; ~ COUNTY OF HARRIS i A7,• SPENWICK PLACE • General Warranty Deed } KNOW ALL MEN BY THESE PRESENTS • "~:~t ~ _~ t THAT YOCUM REALTY CO•~a private corporation, of Houston, Harris County, Texas, hereinafter styled Grantor, for ~~ W and in considerafion of LI a sum of Ten and No/100 (10.00) Dollars cash and other good and valuable considerations to it in hand paid by __ M D Q .T 1;:T'1T~' ~ ,~ of Harris County, Texas, hereinafter stylecR;rantee,ZwTether one or more) has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey, unto the said Grantee, his heirs, and assigns, the following ~ described property in Harris County, Texas, to-wit: Lot or Tract N^..T ~ ~~~., Block No. 7 of SPENWICK PLACE, Section 1 1 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: B 1. All sites... except those fronting on Spencer Highway shall be used for residence purposes only. Said tracts facing. on _. _ Spencer Highway may be used for business sites. However, Seller reserves the right to approve type of building and type of ~D business, and all front elevations on business property shall be made of either brick, tile, stone, plaster or concrete blocks. ~ Side of building if metal or wood must be painted immediately upon completion, the purpose being to maintain a high stand- azd and to eliminate the type of business that may be objectionable to a desirable residential section. t.,. 2. 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. O 3. There shall not be built in said subdivision any residence with less than 700 square feet of floor space. Buildings .p may be incomplete in the interior. No metal or tin building shall be used for residence purposes. All buildings used for ~p residence purposes shall have either gable or hip roof of shingles, either wood or composition. No ordinary box type house N 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. -s 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 yazds, 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 raising hogs, goats, sheep, rabbits or other animals, or as a place for keeping horses, mules, cattle or animals of any kind; providing that the occupant of each residence may keep domestic animals for his own use and pleasure not exceeding one milk cow and one horse, or one cow and/or mule. No commercial dog kennel shall be maintained in the subdivision. 6. No cess pool sh2i71 ever be dug, used or maintained on any tract. Each and every occupant of a residence shall install a septic tank for sewage disposal prior to occupancy, but lateral lines shall not be run into road ditches and drainage must be disposed of on the property. Outside toilets are strictly prohibited. 7. Easements aze 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 located adjacent to all easements shown thereon. 8. Bridges constructed over property line ditches shall be of concrete pipe and o1 a size not less than 18 inches, or o! a greater size should ditches be of a depth to require same, in order that drainage will not be retarded. 9. Should the parties hereto, or any of them, their heirs or assigns, 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 t 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 o! '• ~ 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-halt of one- eighth of all oil, gas, and other minerals produced and saved from the land reserved by Ethel B. Pierstorif, 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, his heirs and assigns,; against every person whomsoever claiming or to claim the same or any part thereof. . Grantor'makes1no vtrarranty as to taxes accruing against the herein conveyed property subsequent to the taxes for the year• 19.~rL. •'when the Grantee `Herein ~is more than one person, this instrument shall read as though pertinent verbs and pronouns were changed to correspond, and when the Grantee herein is a corporation, the words, "heirs and assigns", shall be con- atrued tnmean "successors, assigns, and legal representatives". ;,'executed, this.~''~'l~he day of ' ~ A. D. is 59 __ _ -- AT2~E5~;" : ' YOCUM~ F{~ 1 r ~BY Se etary .~ President STATE OF TEXAS , ., COUNTY' OF' HARIii9 ., •BEFOR~ ~ ME, the undersigned authority, on this day personally appeared I• S. Deut99>r known to nie to be ' ~ President of YOCUM REALTY CO., known to me to be the person whose name is aub- ibed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration .-~cui expressed, and .in the capacity therein stated as the act and deed of said corporation. '•. GIVEN under my.3tand and seal of office, this the 17tt1. day of J A. D. 1~9 ' / _ ., : • ' ~ lEfot y Public Xn and for Harris County, Texas. .