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HomeMy WebLinkAbout03-21-1985 Regular Meetingt • f ~ , • AGENDA REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION~TO BE HELD ON MARCH 21, 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 ~t-~2. ~i~~ 3' 4. 5. C7 CONSIDER THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD ON MARCH 7, 1985 PRESENTATION AND CONSIDERATION OF REQUEST OF BAYSHORE AERIE N0. 2753 EAGLES LODGE, LA PORTE, TEXAS, TO REZONE LOTS 17 THROUGH 32, BLOCK 149, CITY OF LA PORTE, FROM RESIDENTIAL TO COMMERCIAL TO ACCOMMODATE A PARKING LOT FOR THE NEW LODGE - Lloyd Avers/D. Paul~issen REVIEW AND APPROVE FINAL DRAFT OF THE SUBDIVISION ORDINANCE - B. Speake/J. Armstrong ADJOURNMENT ij ?'ile~~J WQ ~ ~wA.e • • MINUTES OF THE REGULAR MEETING OF THE LA PORTE PLANNING AND ZONING COMMISSION MARCH 21, 1985 • 1. The meeting was called to order by Chairman Doug Latimer at .7:00 P.M. Members of the Commission Present: Chairman Doug Latimer, Members Lola Phillips, Janet Graves, Karl Johnston, Bruce Hammack and Charlie Doug Boyle Members of the Commission absent: Member Bobby Blackwell Citv Staff Present: Assistant City Attorney John Armstrong, City Engineer Bob Speake, Assistant City Secretary Laura Hall Others Present: Mr. Lloyd Avers, Eagles Lodge; Bob Applegate, Contractor for Eagles Lodge; Ms. Barbara Neal, Bayshore Sun; Mr. Fred Westergren 2. The Commission considered approval of the minutes of the Regular Meeting held on March 7, 1985. Motion was made by Bruce Hammack to approve the minutes as presented. Second by Charlie Doug Boyle. The motion carried, 6 ayes and 0 nays. • Ayes: Latimer, Phillips, Graves, Johnston, Hammack, Boyle Nays: None 3. The Commission heard and considered the request of the Bayshore Aerie No. 2753 Eagles Lodge, La Porte, Texas, to rezone Lots 17 through 32, Block 149, City of La Porte, from residential to commercial to accommodate a parking lot for the new lodge. Mr. Lloyd Avers representing the Eagles Lodge spoke to the Commission concerning their request. He stated that they are ready to build their new lodge as soon as they have all approvals necessary from the City of La Porte hopefully in the spring. Mr. Avers stated that they plan to build on the northwest corner of the existing property and build the parking lot on the northeast corner of the property which is currently zoned residential. Mr. Avers stated that the -/ • • Minutes, Regular Meeting La Porte Planning & Zoning Commission March 21, 19$5, Page 2 police parking lot came all the way out to 7th Street and several Commission members agreed with him. He stated that sixteen lots on Block 149 have been leased to the City of La Porte for $1.00 per year by the Eagles Lodge for a park • for use by the elderly. Mr. Applegate stated that the parking lot will only be a shell covered facility at the time it is built. He hoped in the future to have a concrete parking lot. Chairman Latimer asked the City Staff to check into this request to see if it is necessary to have a public hearing on this item, or to see if something could be worked out to accommodate the Lodge's needs for this parking lot under current ordinances. Chairman Latimer stated that the Commission would go ahead and schedule a public hearing on this item in case this particular request was not covered under the existing City ordinances. on this item for Mav 2, 19d~,. Second by Bruce Hammack. The motion carried, 6 ayes and 0 nays. Ayes: Latimer, Phillips, Graves, Johnston, Hammack, Boyle Nays: None 4. The Commission then reviewed the final draft of the • Subdivision Ordinance. Chairman Latimer stated that Randy Walters of Vernon Henry and Associates did not receive the final draft of the Ordinance in time to give the Commission his comments on it because he was out of town. Chairman Latimer stated that this item would be put back on the April 4th agenda after the public hearing and Mr. Walter's will be available to answer any questions the Commission may have of him. Mr. Latimer stated that he also would like to have some local developers available to discuss the Ordinance. Mr. Latimer stated that in two weeks the Commission would start reviewing the different plans within the Master Plan, namely the Thoroughfare and Safety Plans. He asked the Commission to read their materials on these plans and a presentation would be made by City Engineer Speake. He stated at the next meeting the Commission would take a vote on these plans and go on to the next plan. .Z. • '' • • ..- Minutes, Regular Meeting La Porte Planning & Zoning Commission March 21, 1985, Page 3 Chairman Latimer stated that he had spoken with several persons concerning the Commission's role in approving the new ordinances. He stated that it was decided that the role of the Commission was to review these ordinances as citizens and that the consultants were hired to write and prepare these items for the City. He stated that the City Staff would review what the consultants had done and "fine ,tune" them to meet the citizens needs. Mr. Speake stated that the Staff is still reviewing the Ordinance and should be complete with the process as soon as possible. Several questions were asked and comments made on the ordinance. Time limits were a major concern of the Commission. The sketch plan requirements were also discussed. After further discussion on some of the main items stated above, Chairman Latimer asked Assistant City Attorney John Armstrong to tell the Commission what he had learned on the "Law on Parks". Mr. Armstrong stated that the Supreme Court in November of 1984, had overruled the requirement on parks. Municipalities are now within certain guidelines to require mandatory dedications of land in subdivisions by the developers. Small subdivisions would be required to dedicate less than one acre of land and may have a "cash in-lieu of" fund which would be in support of a comprehensive master plan of parks. The money must be used • in that specific area where the subdivision is located. The ordinance provides if the money is not used within two years, it will be reverted back to the land owners in the subdivision. At this point in the meeting, Mr. Fred Westergren asked to speak on behalf of some of the businessmen and developers in the City of La Porte. Chairman Latimer turned the floor over to him for his comments. Mr. Westergren stated that after having read some of the information contained in the Development Ordinance, he was concerned for the developer who owned small tracts of commercial property. He stated that as it appeared, it seemed that after all the setbacks were enforced, that there would hardly be enough room to build the actual business. He stated that it seemed to him that the City was reinacting the "Greenbelt Ordinance" which would put ~~:? • • • ~.. Minutes, Regular Meeting La Porte Planning & Zoning Commission March 21, 1985, Page 4 severe restrictions on the commercial, small business developer. • Chairman Latimer stated at this point that there was not a "Greenbelt Ordinance" within the Development Ordinance or the Comprehensive Master Plan. Mr. Westergren stated that he would like to propose an opportunity for several of the developers within the City to sit down with the people directly involved in creating this Ordinance and discuss the virtues and disadvantages of such an Ordinance to the small business developer. Chairman Latimer stated that it is in the interest of the City that development proceed. Mr. Westergren stated that everything to do with the community becomes affected when there is no building going on. Mr. Hammack thanked Mr. Westergren for coming to the meeting and giving feedback to the Commission from the developer's viewpoint. He felt that we did need to include the local developers in the process of developing the ordinance. Chairman Latimer invited Mr. Westergren to the April 4th meeting. • 5. There being no further business to come before the Commission, the meeting was duly adjourned at 8:57 P.M. Respectfully submitted: ~ / L~ L ura Hall Assistant City Secretary Passed & Approved this the day of 1985. Doug Latimer, Chairman ~I • '' • • • 03/ 19/85 Margaret Conner 215 N. Holmes La Porte, Texas 77571 Re: Duplex Zoning Blk. 983 Dear Ms. Conner, The City has received your letter regarding the location of a duplex in an "R-2" residential zone. To place a duplex in a residential zone requires much the same procedure as a rezoning. You have met the minimum square footage of 850 square feet per dwelling unit... Listed below are the steps needed to complete the duplex zoning process. The first step is the letter of request that you have already submitted. 1. Submit duplex request to the Planning and Zoning Commission. 2. The City Secretary will set a meeting for the Planning and Zoning Commission to consider the request. 3. Planning and Zoning will hear the request and at this point will set a date for public hearing. At the time of the • public hearing by P & Z, they will request that City Council hold a public hearing on the matter. 4. A pulic hearing will be held by the City Council on the duplex request. A written recommendation from the Planning and Zoning Commission will be presented to Council after their public hearing. 5. City Council will either approve or deny the duplex request. If approved, an ordinance will be passed to allow a duplex and a certified copy of the ordinance will be sent to the property owner. This process is some what complicated and time consuming. If, howeve r, you don't understand the process or if I or any of the City staff may be of further service please contact us. -spectfully, _a r _ 4..~~(i Paulissen h Speake C-/ .' . ~~ • -~ ~{ ., ~ .. o.-~71;:L.i~-~-C,~ ~, /~~>-tip ~ ~] C)72C~ ~~~c_,1~ • ' c c.~L uGV~ C.%'(.. ~ c~?~-t-~ ~w`-'t-Z. L-(~-E~f ./~"1 L~ C~,~ C;t~-2 GC CC~C~G.-,~ c C%7 1. ~~Z~ / l Gl L. Z~" G~1L~~ J ~-- ~ G~`t-C~ C`~-~ ~a~ ~ ~: ~- z> k ~ Lug ~' -- ~jU ~ ~ ~-~ ~~~ ~ ~~ /~h~c~ ~ ~ ~> ~,.. /, - ,.~ C • • • -P N N ..p N W D O Z HOLMES ~T i i i iii i ~ ... ~ .' • • • '•- MEMORANDUM CITY OF LA PORTE 1 T0: Planning & Zoning Commission ' FROM: Laura Hall SUBJECT: Rezoning Request of Arlie W. Brantley DATE: March 29, 1985 Mr. and Mrs. Brantley were formerly on the Planning and Zoning Agenda for February 7, 1985. At that time, Mr. and Mrs. Brantley decided not to pursue their request for rezoning. They have, however, decided to pursue the rezoning of their property now and are placed for your consideration, on this agenda. L G~ C`- Laura Hall L ~- ~ • •• • • ~~ , ~..~ .5~ / 9T~p5 L_APORTE, TEXAS . CITY SECRr-'TARY OF LAPORTE, TEXAS, . ARLIE W BRANTLEY AND ,aIFE, A JANIE BRANTLEY own LOT 162 and LOT 161, BLOCK I0, SECTION 2 of SPLNWICK PLACE and request that this property be Rzoned COI~'lMERCIAL. 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. C We, therefore, submit this request to RZONi 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. • . Also enclosed is a check for $I00.00 for application fee. ~ _ ARLIE W B_T~ANTLEY ` ~'r\ /.y,.~ t,(,Qi~ ~ ~ A . JANIE`'BRANTLEY - ~.. C~ • «. • CITY OF LA PORT PHONE (713) 471-5020 • P,O. BOX 1115 • LA FORTE, TEXAS 77571 Cash c~ p ! Check ~ 3~ RECEIPT 010669 DATE ~ - 9 ' O s Money Order Cashier Check RECEIVED FROM G~ ~~ ~ ~.~c"~/ PAYMENT FOR IC-~' `% AMOUNT S ~~ ~f 0 DESCRIPTION Q ~~G~c~,~.~^J~.b . ~-¢~ ,~ ' ~ \ ~G • • • I ~ !~l 1 ~ I ~ ~ -~ ~~ .. Leo I 161 169 S 178 ( 17 ' J M w I~~ ~ __ ^ ~ ~ ~ + LJ ~J J I s L~•L L1.4 1~•' ' ~ !LL•37 L~.» Zj./I~ 1 ~ 4t ti ~~ r ~ 6 ,, 1~• ti ~ 1 ~~' ~'y • 5~ S t ~ - .~-r ~, A ~„~r ~yyy ~: :s .. - . f /+ ~1y ~ I r~ r~ ~ r~ r r, '~ ,gyp ~ ~ J L J L ~ J L J J . 1 1. ~ __ ,La g I 189 ` 26 ti y y I ~ r r~ ~--~ r -~ -, r~ r ( I `J ~ L J ~. ~.J ~ ~ J ~. J t / + t *. r r ~ ~ M • Y N ^K ~ ~ y ~. -:I~ ~Ij/r NOH OM ERYu•ts tz: IkANE'f• u.•/* t ~~ ` v y y f .: : l~ t o i ,.~ a `' -~ti 2 !f I ( } ! / Y /+ I 5 ~g 2 * 11171 I L J t... J L L,. J LJ ~ ti • L \V ( ~p ~ ~ w O q ~--'r ~ O~ 9 13 134 Z ~ 143 ~ N N + { a A P ~'L 58 ' 144 /< - r R ,y,t` ~ ~ ~: asp ~/ I 'l •~ " ~ Z r J L r , LJ r J • ` l.J l .. J JI I LJ LJ l. ~- i c+ 1 V i2 j • , ` y `v` t1•f itf LI.6 z.~etbCATL T Z,f•11 rsl~f- ~ •~l+ ~ ZZ•/ ~ t . LEAN P .i1; 2!. •V 1 ` r ~ J ~ .4 z7 /~ 1 •7 4t1 I ~ /y 20 r ~ I-'1 I LJ J ~J ,, ~w ~ ~v ~ ~ 2 13 I Zo 2 ~~~ •, J ~, ~ 1. J I ~ ~ • •~ ftf• LQ YL •• - } r~ ts~ r '1 "1 + +~ r -1 r t J LJ L I..JL~ r Y 2 2.. L' J 23 24 232 r, r~ r~ ~ r~ ~ r~ ~ l..J ~.J LJ L. VJ ~.J J • j [ !t LI.i n w ... M M N N N + ~ r•~ Lt.a j.i44 1z z/1 11•I* 1!•I ~ •>'s s.•~ ~ ~/+ BELFA •~zsas •»+ rLtN ts.de~ ANE l6•sza z6.j•~. r t~~ i27i a7 [ •r Pj.f t `~ ~~ i ~~ r • f: ~ r + .r ~1 r LJ LJ L L.J r~J J J T J 268 2 258 I o ~ 1' ~ r ~ r~ ~ U L ~ J L ~t / J ~ ~+ ~- ~~ tf f 't 21 ~L..~ r , e• 1i f•• 1.. l..J ~J ~ J` 2T1 ~ 2T9 288 *~ 280 r ~ ~ -~ -~ ~ LJ J ` LJ • •• r ^v '~ .~ . N i .~. o o ~ ~ ~. p Y_ Z • 1/~lP~ ti - t t1•~ • f .sr :c~c r~• pARLOW s-ri~ t •~ ru+; ss.It+L E ~ .~, js. + ~ , se• r ~ t_ t 1 } f. h M ~ w~~ 303 ~f r 1 , f 7 ~~ .~ ~ o ti ~ Y LJ L " ~ h 304 ~ 312 25..7 ~ v ~ M r N v N .y y M ~' ~ • I s. 12f-WARNANTY DECD wr. n..~...n. .....w.w. ` f ~~ ~°~ ;~~~~, ~ 1A t-1u-66 4 3 s ~ ~ ~ C 231797 LS D PD 1 ~~ The State o~ • Texas, •• •~ Know All Men by These Presents. t~ COUNTY OF F.b:3F? Ib ~ f! t C ~ ~ F' t ~ ! ; U N C~ c .,~ .~--- VOt ~~~~~ FAGE 9s THAT-.a , t'• D. I'~SY and rt.ta:..+:..~ E. R~:Y of the County of Harris. ~ State of Terms for and in consideration of the sum of Tea and ;:o/lOC uolis: s snd otter goon 2:;.:. :-a~.::~i~ ccnsiderstic^:, DOLLARS to in hand paid by biw~ -. hc~~~y J„_t, _:,t,~;:Lr;y ;~ ,~ and rife .~. ~v~ --U • have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said a~I.~ .i. BI~iii.r,Y ..:,re '~ -.r~r r • .,,..- /'_'" II :... b. .,h.. B..n.,_~.r.Y of the County of State of - all that certain Lev lYo. 161 1n B1ocaL 1V, $P.v+.~l~.". _'1C+. L G~ -JSL. ~illJ 11 11.~Vi ~^ ad acic:it.:...a y. ~.-i~ ~c:~at3~, Tc?sr.s, acecr,Iia~ y..c the leap recorded in Volt~e 4g,; P~.6= LL'.~ '.:ar ,=cords of :"sr~i~ COL"?~y :~:,a;,as ~ . co m . m v. a ' Y "~-- Vz O ,7 ~, ~~ ~p ~ Z L, , ~~ , O. _..+ ~ }' _ -mod ~- a T 7 - l ~ a Nlrlr~ l .A '~ ~ ~; Q ©®p .. - . ®:": 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 bP,L~c:, ~. I;.~..~Lr;Y er_.. :-ife o. Ja. , r, B .ail LL1 heirs and assigns forever and do hereby bind heirs, executors and administr9tors, to Warrant and Forever Defend, all and singular the said premises auto the said ~~~j . •f l- a • -~• nr .r+--- Xl.Ta+iTL+ ... ~-n ca r.~l.iil ai?•~ '.i_... a. uta.~~ r .n ~.~L:..~ heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS o;~,- hand at Houston, :af:.z:. this ~:1a day of December 19 65 Witness at Request of Grantor: > ~ - , L ~ _ ~~~ ~. 1 ~~ ~ -' . • ~~ ~' ~lir( I, ~iSI~C SINGLE ACHNOWLEDG?,tE.*IT t fl(~ THE STATE OF TEXAS, y~~ ~~t1J fy1GT: County of_._..------••------------------------------•~ BEFORE 11fE, the undersigned, a Notary Public in and for said County and State, on this day personally appeared }mown 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 rnnsideration therein expressed. GIVEN UNDER ~1Y HAND AND SEAL OF OFFICE this the._....._.._.._.._day of_.._____-__.-.__....._.___, A. D. 19...___ ~~ Notary Public in and for~__..____ _.-____County, Texas. SVIFE'S SEPARATE ACIiNOWLEDGJIENT THE STATE OF TEXAS, County of..__----------------------------------_...} BEFORE h1E, the undersigned, a Notary Public in aad for said County and State, on this day personally appeared wife ot..._-_.____._..______._... .._.._..._._..., 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 tha 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 of..._.._.._....____._.____._......_..~, A.•D. 19..._.. Notary Public in and for_._.-._._.._.._..____..-__County, Texas. JOINT ACgNOSVLEDG3iENT THE STATE OF TEXAS, County of----- ~r.=- { S ------------------------ } BEFORE SiE, the undersigned, a Notary Public in and for said County and State, oa this day personally appeared ' .. ..and ._..__..r.a-...V.~._.A~sA..__.-_. ._..-_.._.______._.___._-._.____.._..-_«____ _._.--.---.._..:..:_.__.---_......:._._.~:,~ia~_.:u~._:.sa'~_~__~~..___.._.._._.._.__._.._.-----•--..____._~..___......, his wife, both known to'. nie•~L`o .lie-the` persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they eac.~~~pzetuted the same for the purposes and consideration therein expressed, and the said.- ______.....-__.___._ .--------~;~:,:`'•...~ti~~a ~ p'.~_._.._-------_.____., wife of the said__..._.~. L - iu13L ._._.___.__._..._. havirr~ ~bepn ~erainined by me privily and apart from her husband, and having the same folly explained to her, she, the ~~ ~ _ _ _ ___.-~clmowledged such instrument to be her act and deed, "and she dec~~ied" that she had wiIIingly signed the same for the purposes and consideration therein expressed, and "lhat'she did.not.wisll to retract it.' .:.. . • ': '• GIyEN~UNljl{R.h1Y HAND AND SEAL OF OFFICE th is___,_ ~~?d.._day of.-.~ece Wt~ -_,_._-__., A. D. 19.._,5 - ~ j:'• .~• _ , Farris " ~•';•••••• - Notary Public in and for.--__.._^. __._.__County, Texas. TH~'STATE;OF TEXAS, County.:of„_:.---=~._...~------------ I HEREBY CERTIFY that the foregoing instrument of writing, with its certificate of nnthentication, was filed for record in my office on the.___ day oL._..^ _., A.D. 13___, a* -.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. (L.S.) County Clerk..._._.__.._._...____._.______._..___..County, Texas. By~_~-_-.-__._.. __.___.Deputy. ~ ~ Z < ~ 3 ~ O G4 O F _ -r-- - - ---. - -- z ( 3~ ' ; 1 C r ~+ .~ i ~ o~,s $ _; ;~ ~ ,, ~~°~ ~ ~~ jU y ~. d ~ 3ao3 ~ ~ t a f '~ ~ ;c;~3 ~~ ~ ~ ~~ s E ~ N t±~ ~ = f p d = 3 ~ ~E.• Q i i .~° w i O W~~ W N~ C. N {va: E ° u° -~ `~ :: .~ ::D: Y~ fIY •.Y, ::it .~ .:li :~? .~ :D :D 's • .. • r~ - ..~. • U111Vl;lt•ti 1'llLll'1 i:. ..., }:> • ~~ ~;>~:w Lmercia~ c~tanc~arc~ ~nsurance ~om an• .~~ A Corporation of Fort North, Texas (herein called the Company). ~ ')=>,~b °f:> ;; /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 '`'~'~: :1:>,•; 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 Pa a 11 of the Ma Records Harris Caunt Texas said ro ert "?~~~ g P Y> P P Y ~,-~ ~~, being particularly described in Deed dated December 2, 1965, from M. D. Ray and Franee,~-; E. Ray to the insured herein. ~'''~ ~.> a-~'..~ :~', ~. ~:>`; ~:~ ~ , f =^ ~,~ -e subject to: '1;>.', 1. Following liens: N :~ O ~.~ ' Ge N 1.>'::^ E .~=c ~3;> ~ r ~::>'•~ ;.. <.>, .~ .' y,'~ : •: 2. Restrictive covenants affecting the property above described. ;~~~;' 3. Any discrepancies, conflicts, or shortages in area or boundary lines, or zny encroachments or any overlapping of ~,;'~, improvements which a correct survey would show. 4. Taxes for the year~lfl-and subsequent years. ~->!~ 6. Rights of parties in possession. T>'~ 6. Five (5) foot ground public utility easement over the rear, and five (5) foot ~?; aerial easement adjoining all grnund easements as shown on the recorded plat of said:?,` addition. ~:~ ; 7. Fifteen(15) foot drainage easement on either side of all gullies, ravines and ~~`' of t~atural draing Q Cpurses as shown ~n the recorded plat of said addition. ~:~' ~~id Company shall not b~ liable m a greater amount than actual monetary loss of assured, and in no event shall said `' ~~..4 Company be liable for more than THREE THOUSAND AND NO/ 100 - - Dollars, <~„ and 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, ~~; "r 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 ~~": shall not be liable until such adverse interest, claim, ar right shall have been held valid by a court of last resort to :~~, 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 ? ;~" o whole property, such ratio to be based on respective values determinable as of the date of this policy. In the absence • - of notice as aforesaid, the Company is relieved from all liability with respect to such claim or demand; provided, how- ~:~:-` ever, that failure to notify shall not prejudice the claim of the assured, if suclt assured shall not be a party to such ;~:~~; action or procedure, nor be sen•ed with process therein, nor have any ]rnowledge thereof, nor in any case, unless the ... Company shall be actually prejudiced by such failure. ~1:>- Upon payment of any loss hereunder, the Company shall be entitled to be subrogated to all rights of assured against ~;j ~:, other parties. ,,~ ;,u Upon sale of the property covered hereby, this policy automatically thereupon shall become a warrantors policy and +',;>,• assured, his heirs, executors and administrators, shall for a period of t~~•enty-five years from date hereof remain :`.,-~`• protected 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 ,;> ~•~ =rranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof (and not excepted ,.';"% such liability not to exceed the amount above written. ing 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 ,j ti~ -mship, done, created, suffered or permitted by the assured. ;•,/ :: 'NESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be •" ' ~~~~tersigned by the duly authorized Agent or Representative of the Company. `l:>~;'; ~~;:1 (SEE REVERSE SIDE HEREOF) L_;:>:.S :i:> • ~ ~:>!;, ~ ~ imercza~ e~tanc~arcl ~nsurance ~F'- ~om- any ~:> A Corporation of Fort Worth, Texas (herein called the Company). ~ ~ iF:>%~ ~. /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 . ~:D • '~.• (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 Frane~~: `=~ E. Ray to the insured herein. ~,~ . Q;~ ~:~~ ~~ d.~ "'~ .._ •.' .> •" ' .> r,>`•. _ .~.•~ ~;~ subject to: , ~~ 1. Following liens: N ;3;~,", •'~ :~ 0 ... ~:> : , :~ N :>~ 1 ;~ ''~` :~ 2. Restrictive covenants affectin the ~'~ ~` ;~ g property above described. ~° ,.;5 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. ~_ :~ 4. Taxes for t]te year~l.~•_and subsequent years. ~;~;~ 6. Rights of parties in possession. ,~,~~ 6. Five (5) foot ground public utility easement over the rear, and five (5) foot F>~A a aerial easement adjoining all ground easements as shown on the recorded plat of said ~~: addition. L,~ , q ~~ 7. Fifteen(15) foot drainage easement on either side of all gullies, ravines and ~>.,'' ott~e~d~atural d~'ain$~g purses as shown ~n the recorded plat of said addition. Z>- ompany sha 1 not lia e m a greater amount t an actual monetary loss of assured, and in no event shall said T ';;> Company be liable for more than THREE THOUSAND AND NO 100 - "" - Dollars, ~_~.:^ and shall, at its own cost, defend said assured in every suit or proceedint;• on any claim against or t•igttt to said land, or :~'' any part thereof, adverse to the title hereby guaranteed, provided the party or parties entitled to such defense shall, ~ "' :j? 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 t}te suit or proceeding, and authority to defend, and said Company ~~ :' shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to ;1;~; ~~ w}tich either litigant may apply, attd if such adverse interest, claim, or right so established shall be for less than the ..'. w}tole 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 `'~-•= ~j of notice as aforesaid, the Company is relieved from all liability with respect to such claim or demand; provided, how- ~;~:~.`, ever, that failure to notify shall not prejudice the claim of the assured, if such assured shall not be a party to such ;t_~';= D action or procedure, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the •.+ Company 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 ~;~` p all other parties. ~~ • ' Upon sale of the property covered hereby, this policy automatically thereupon shall become a wart•antors policy and ~;:~ ~:' the assured, his heirs, executors and administrators, shall for a period of twenty-five years from date hereof remain ~ =": fully protected according to the terms hereof, by reason of the pa3•ment of any loss he or they may sustain on accotmt `"'.:•: j of any warranty contained in the deed executed by assured conveying said property. The Company to be liable under ;'>•'~o said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof (and not excepted ' above), such liability not to exceed the amount above written. •;;,;~y Nothing contained in this policy shall be construed as insuring against loss or damage by reason of fraud on the Q->,: ; • part of the assured; or by reason of claims arising under any obligation of the assured; or under any act, thing, or ~;:j:~r '; trust relationship, done, created, suffered or permitted by the assured. ' IN WITNESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be ~"~ ,9 valid unless countersigned by the duly authorized Agent or Representative of the Company. ;~:~~~ ~,.~~'~Op p p ~~"' ' (SEE REVERSE SIDE HEREOF) - ~-, SPEN~VICK PLACE ~ ~ U:iS-'U"-'~' ~1~ General Warrant Deed • c p~ . Y DEa_D r GJRC~~ - ' _tiTE OF TE~ _, ' ' ' "' .KNOW ALL MEN BY THESE PRESENTS: ~ j 1 ~ ~ ?~~ ' ; ~ AA COUNTY OF HARRIS ~ S Deut /..l ~ ~ _ _ I ,..f ~ ~ `f • _ _. ser,Truatee and in consideration of the sum of Ten and No/100 ~ of Houston, Harris County, Texas, hereinafter styled Grantor, for ($10.00) Dollars cash and other good and valuable considerations to it in ~ J hand paid by - ARTTF` lq BR_!gm~y Ind yi fn A AIJTr^ RR NT FQ of Harris County, Texas, hereina ter styled ran ee, (whether 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 No~2 Block No=~O _ of SPENWICK PLACE, Section Twr ~2 ~ a subdivision in the Wiliam i<'I. Jones Survey, Harris County, Texas, according to the map or plat ~ thereof recorded in the I~I*cords o1 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, theA'Grantee, his heirs and assigns, to-wit: '...~..~..L.....~1I~,Sites~excep tl3RSe_itontuu;_O.n..SnenCr~ Iiighwn~. nhn11 he t~vnA fnr rrairl.. ,. pencer H ghway may~e used for business sites. However, Seller reserves the right to araa>•~..s~...'.,iy. c~r.~ ~""~~" '"' `"" "" business, and al} ira:rt elevations .:n business l:rope.^ty snail be made of either b;ii:k, file stone,tpIasterbor1eon~rete blocksr ~t~/ Side of building if meta! or wood must be painted immediately upon completion, the purpose being to maintain a high stand- ard 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 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 *esidence 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. Ali buildings used for residence purposes shall have either gable or hip roof of shingles, either wood or composition. No ordinary box type house 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. Gazages may be built of metal, but not of shed roof type. Garage may be attached to residence. 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- . tamed on said property. 5. No site shall be used for the purpose of raising hogs, goats, sheep, rabbits nr ether animals, or as a place for keeping • horses, mules, cattle or animals of any kind; providing that the occupant o4 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 septic tank for sewage disposal prior to occupancy, but lateral lines shall not be run into road ditches and drainage must be disposed o1 on the property. Outside toilets are strictly 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 - -~locatedadjacant.fn_all.easements.shown_tlLeteon..,,,,,-,,, 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 retazded. 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 lull 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 Iinancially 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 73?, 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 makes no wazranty gas to taxes accruing against the herein conveyed property subsequent to the taxes for the year 19~~___. 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- strued to mean "successors, assigns, and legal representatives". I . • r T_... Executed, this 6th day of Jude -. L, A. D. 19 51 _ _ -,~ ~ .' Deutser,`t~ruatee _~. -_ ~, STATE OF TEXAS .y,T. ~ , ,' ~ ` ii ' •;',"~"'~,~"~., ; ,, '~Qk'•:H1i;tRIS• ~, y, B~FOR.F. 1YI17, .th0.1"}ndersigned authority, on this day personally appeared T. S. D~~~ta .r known to me to b2- ~ ` ~~ ~ ~ ~rW'~Ym~Crdt~rl~Ct the person whose name is sub- scribed to the. foregoing ,instrument, and acknowledged to me that he executed the same for the purposes and consideration "hPrein'•expressed, and 1r} .tlae, capacity therein stated as the act and deed of said corporation. GIVENS urxder; my,: hand and seal of oi~i~p. this +he 6th day o1 ~T~~ne A. D. 19s~•~_ . ~ "' i~ _ ~~ Notazy Publl in and for Harris County, Texas. • v' M' I ' ~[1L - 1" --- y ~ .. z• •- CITY OF LA PORTS INTER-OFFICE MEMO T0: BOB SP KE FROM: D AULISSEN DATE: 03/29/85 SUBJECT: RE-ZONE BLK. 10 LT. 161&162 SPENWICK The City has received a request from Mr. & Mrs. A. W. Brantley to re-zone Blk. 10 Lts. 161 & 162 Spenwick Place from its temporary "R-1"classification to "C" commercial. HISTORY The property in question is located in the Spenwick Place sub-division and fronts on West Main just West of Underwood. The Brantleys have maintained a commercial use on this property for the past 21 years. They no longer run Judges Outboard at the site but have remode,l.ed the structure into lease spaces. ANALYSIS The property in question was annexed temporary "R-1" zoning classification. a legally established pre-existing use time as the use is discontinued for a the use is damaged in excess of 50~ of would then also terminated. Expan could take place as long as it did not record. $~COMMEI~DATION by the City and has therefore a The use on the property now is and may continue until such period of more than a year. If its fair market value its use sion of the existing businesses expand past the original lot of The property now has a pre-existing use established and its location on West t~l~in is surrounded by other commercial uses. Since the property in question is currently used as commercial a "C" zoning classification would be appropriate for this property. ~ ~ ~~