HomeMy WebLinkAboutLegal DocumentSPECIAL DURABLE POWER OF ATTORNEY
FOR REAL ESTATE TRANSACTIONS
Date:. September 17, 1999
Principal: MARK DUDLEY
Principal's Social Security Number:. 455-29-5673
Principal's Mailing Address:
11370 State Hwy. 30
College Station, Brazos County, Texas
Agent: DELPH ROSS
Agent's Mailing Address:
Post Office Box 6005
Bryan, Brazos County, Texas 77805
Effective Date: Septemberl6, 1999
Expiration. Date: September 16, 2000
Property:
All that certain lot, tract or parcel of land situated in Brazos County, Texas and being described as
Lot 42, Block 1, Harvey Hillside as more particularly described in the Deed recorded in Volume
2508, Page 230 of the Official Records of Brazos County, Texas.
Powers Given with Respect to the Property:
1. Indemnify and hold harmless any third party who accepts and acts under this power of
attorney.
2. Do everything nec fssary or appropriate to have the Property rezoned as District C-B,
/~.
Business Commercial and A-O X as well as accomplish the powers set out herein. This includes filing
applications for re-zoning, appearing at hearing on our behalf, and communicating with city/governmental
employees in this process.
C:\MYFILES\CLIENTS\ROSS\DUDLEY-POA.WPD PAGE 1
Principal appoints Agent to act for Principal in accordance with the powers given with respect to the
Property, and Principal ratifies all acts done pursuant to this appointment. Agent's authority shall begin on
the effective date and end on the expiration date unless revoked sooner by Principal's signing an instrument
revoking this power of attorney and filing it for record in the Official Records of Brazos County, Texas. A
signed and filed revocation instrument will be effective, without limitation or exception, including but not
limited to a third party relying on this power of attorney without receipt of any actual notice of the
revocation, on the date and time of filing. This power of attorney shall not terminate on disability or
incapacity of Principal.
This is a durable power of attorney under chapter XII of the Texas Probate Code and will not lapse
because of a passage of time, but it will expire on the expiration date.
Principal binds Principal and Principal's heirs and personal representatives to indemnify and hold
Agent harmless from all claims, demands, losses, damages, actions, and expenses that Agent may sustain
or incur in connection with carrying out the authority granted to Agent in this power of attorney.
.~-~ii~
MARK DUDLEY, Principal
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on S ep t emb e r 17 , , 1999, by MARK DUDLEY.
~~"RY °~ TAMMY D. ISBELL
* Notary Public, State of Texas N T Y PUB , STA E TEXAS
Nl My Commission Expires
F NOVEMBER 12, 2000
THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THIS
APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF
AN AGENT.
C:~IVIYFILES\CLIENTS~ROSS~DIJDLEY-POA.WPD PAGE 2
PREPARED IN THE OFFICE OF:
YOUNGKIN, CATLIN, BRYAN, STAGY & DILLARD
Post Office Box 4629
Bryan, Texas 77805
(409) 260-7030
AFTER RECORDING RETURN TO:
YOUNGKIN, CATLIN, BRYAN, STAGY & DILLARD
Post Office Box 4629
Bryan, Texas 77805
(409) 260-7030
C:\MYFILES\CLIENTS\ROSS\DUDLEY-POA.WPD PAGE 3
SPECIAL POWER OF ATTORNEY.
Date.: September 6, 1999
Principal: OSCAR PARULIAN and wife, SWANY PARULIAN
Principal's Mailing Address:
1701 Southwest Parkway, Suite 208
Brazos County
College Station, Texas 77840
Agent: DELPH ROSS
Agent's Mailing Address: Post Office Box 6005
Brazos County
Bryan, Texas 77805 (include county)
Effective .Date: September 6, 1999..
Expiration Date: December 31, 1999
Property:
All that certain lot, tract or parcel of land situated in
Brazos County, Texas, and being described as 0.97 acres, part
of Block ,4, Harvey Hillside, as more particularly described
in the Deed recorded in Volume 2376, page 316, of the Offi-
ciaL Records of Brazos County, Texas.
Powers Given with Respect to Property:
1. To speak on our behalf to have the Property rezoned as
District C-B, Business Commercial, and .accomplish the powers
set out .herein.
2. To file applications for rezoning,. appear at hearing on our
behalf, and communicate with city/governmental employees in
this-process.
Principal appoints Agent to act for Principal in accordance
with the powers given with respect to the property, and Principal
ratifies all acts done pursuant. to this appointment. Agent's
authority shall begin. on the .effective date and end. on the
expiration date unless .revoked .sooner by Principal's signing an
instrument revoking this power 'of attorney and filing it for
record in the Official Records 'of Brazos County, Texas. A signed
and filed revocation instrument will be effective, without
L91-020\6505 -- Page 1
limitation or exception, including but not limited to a third
party relying on this power of attorney without receipt of actual
notice of the revocation, on the date and time of filing.
This pow °of att rney will expire on the expiration date.
rr~,
AItULIAN SWANY PARULIAN
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
AC~NOWLEDIGED before me by OSCAR PARULIAN on the ~ day of
V , 1999.
~~.
,~'•. Notar .Public State of Texas
~Qr'"" ~ "RUTH FLEEGER y '
* ,~ NotaryPublio,StateofTexas Commission expires:
My Commission Expires Notary name printed
"' AUGUST 22,.2001
(Seal)
STATE OF .TEXAS §
§
COUNTY OF BRAZOS § ~-'
ACKNOWLEDGED before me by SWANY PARULIAN on the ~ day of
1999.
RUTH FLEETER Notary Public, State of Texas
~~~ ~` Not~rypuktfic,StateotTexas Commission expires:
* * My Cornmiss~on Expires Notary name printed
(Sea 1) o AUGUST 22, 2001
THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THIS
APPOINTMENT, ASSUMES: THE FIDUCIARY AND OTHER LEGAL
RESPONSIBILITIES OF AN AGENT.
Prepared in the Law Office of: Please return to:
HUGH W. LINDSAY
412 Tarrow Street Same
College. Station, Texas- 77840
L91-020\6SOS -- Page 2
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AMENDED DECLARATION OF COVENANTS AND. RESTRICTIONS
FOR
HARVEY HILLSIDES ADDITION
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KNOW ALL MEN BY THESE PRESENT that the residents of Harvey Hillsides Addition
of Brazos County, Texas, hereby file this Amended Declaration. of Covenants and Restrictions
for Harvey. Hillsides Addition, which Amended Declaration cancels and supersedes those
restrictions filed on July 29,1969, and recorded in Volume 280, Page 64, of the Deed Records
of Brazos County, Texas, as well as the amendment to said Deed Restrictions filed onJanuary
24, 1978, in Volume 390, Page 173-174, of the Deed Records of Brazos County, Texas.
It is hereby .declared that all property comprising the Harvey Hillsides Addition as
.described in Volume 251,`Page 208, and as platted in Volume 264, page 484,Deed Records
of Brazos County, Texas, shall be held, sold, and conveyed, subject to these restrictions as well
as easements, covenants, and conditions, which are for the purpose of protecting the value
and desirability of and which shall run with, .the. real property and shall be binding on'all
parties having any right, title,"and interest in or to the above described properties or any part
thereof and their successors, heirs or assigns, and which easements, restrictions, covenants,
and conditions shall inure to the benefit of each owner thereof.
I: Land Use
No more than one dwelling and customary, complementary, adjacent structures as
approved by the ArchitecturaTControl.Committee shall ever be placed on any tract of landless
than one and. one-half (1 ih) acres, except .upon tracts of less than this .amount originally
..platted as lots in the Harvey Hillsides Addition... This provision shall not apply to lot I and 2,
Block 1, and,all of the land originally platted as Block 4 (this includes the replatting of part.
of Block 4 known as the Jordan Subdivision, lots 1,2 and 3) Church construction activities
are only' allowed on Lots 22, 23, 24 28, and 29, Block 1; however, all other sections of these
Deed Restrictions do apply to Lots 22, 23, 24, 28, and 29, Block L' All buildings, houses and
structures shall at all times conform to he layout and general arrangement of the area. All
buildings in all blocks shall be constructed with quality. materials and in harmony with
existing strictures in regards to exterior design and topographic location on the lot. Existing
structures allowed under the prior Deed Restrictions are exempted.
IL Temporary Buildings....
There shall be no mobile homes, modular homes, trailer houses, shacks, outbuildings
or structures of a similar nature permitted on any lot at any time, either on a temporary or
.permanent. basis without written approval by the Architectural Control Committee. Existing
structures, allowed under the prior Harvey Hillsides Deed Restrictions are exempted. In
particular, without limiting the foregoing, mobile homes shall not be placed on any, lot under
any circumstance.
Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addition Page 1
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III. Architectural Control
Section 1. The Architectural_Control Committee is composed of seven (7) .members
whose names are•
(A) Dennis Hejtmancik -Block l
(B) 'Walter Hoke -Block
(C) Carol Conant - Block2
' (D) A. Konrad Eugster -Block 2
~ (E) .:.Eugene Skrabanek -Block 3
(F) .'..Mark V~'esthusin - .Block 3
(G) Weldon Jordan -Block 4
Any four members shall constitute a quorum and the vote of any four members shall
control the action of he committee. The majority.: of the committee may designate a
representative to act for. it in the event of death, .resignation or failure or refusal to serve by
1 any member of the committee,. The remaining members shall have full authority to designate
a successor or failing this, a vacancy may be filled by a vote of the then owners of property in
the subdivision each having the number of votes. equal to his or her acreage. owned. Neither "
~' the members of the committee nor its representatives shaII be entitled to any compensation
for services performed pursuant to ltis covenant.- The Architectural Control Committee shall
review, applications for proposed work to (1) ensure conformity of the proposal with these
covenants, conditions, and :restrictions,:. and to (2) ensure harmony of external design in
relation to surrounding structures and topography. The committee shall have broad
discretionary authority to apply and interpret these standards. The Committee's approval or
disapproval as required herein shall be in writing.. If the .committee, or .its designated
3 representatives, fails to give written approval or disapproval withiu thirty (30) days after plans
and specifications have been submitted to it, and in any event, if no suit to enjoin construction
of improvements is filed within fifteen (15) days after commencement of construction,
approval is assumed. The committee, at its sole discretion, is hereby permitted to approve
deviations in' building area and location in the instances where, is its judgment, .such
deviations will be more commonly beneficial to the Harvey Hillsides Addition. Tlis approval
must be granted in writing.
Section 2. Neither the Architectural Control Committee nor any member thereof, shall
°~ be liable to any owneror o any other person for any loss,: damage, orinjury, arising outof
1 there being or in any. way connected with the performance of the Architectural Control
Committee's. duties under thus declaration unless dne to the willful misconduct or bad faith
I~ of the Arclitectural Control Committee or .its members as the case may be. Neither the
~, Architectural Control Committee nor, any member thereof shall be liable to any owner due to
the construction of any improvements within. the property or the creation thereby of an
obstruction of the vew`from suchowner's lot or lots.
Section 3. `-, Notwithstanding any. other provision of this declaration, and in order to
j prevent endue hardship upon the owner or owners of any individual lot or lots .upon the
property, variance from any restriction set out in, this declaration may be granted by
unanimous decision of the.Architectural Control ,Committee in a written instrument.
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1V. Building Conformities
J There shall be no dwelling, residence, supplementarybuilding or structure built, or
altered exteriorly on any property iu the subdivision except and until such owner has
submitted plans .and specifications to the. Architectural Control Committee for approval
~ according to these declarations.
V. Set Back Lines
No building or structures of any kind shall be located on any lot nearer to the front lot
X11 line than fifty (~0) feet from .all streets, roadways, or lane designations, and no building or
structure of any kind .shall be placed nearer than twenty :five (25) feet to any side or rear
property line; no building or structure of any description shall be placed closer than five (5)
feet from any reserve strip, easement or alley. Lots 1 and 2 of Block 1, and all of Block ~, are
exempted from the set back restriction set out herein which applies to residential lots
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Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addition page 2
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VI. Tract Lot Size
No more than one dwelling shall ever be placed on any tract of less than one and one-
half (1 ih) acres, or on lots originally platted to be less than one and one half (1 1/2) acres.
No lot shall be subdivided into`any tract less than one and one half (l lei) acres. This provision
shall not apply to Lots land 2 of Block 1, and all of Block 4.
Vll. Appearance of Property
.Section 1. All lots shall be kepf at all times in a sanitary, .healthful, and attractive
condition and the owners and occupants of all lots shall keep all weeds and grass cut thereon
and shall in no event use any lot for torage of material and equipment, except for normal
residential :requirements incident to construction of improvements thereon as herein
permitted. Lot owners shall not permit the accumulation of garbage, trash or rubbish thereon.
.All clothesline, yard equipment, woodpiles or storage piles (where permitted by these
restrictions) shall be kept so as to conceal them from view from neighboring lots, streets, or
other property. Trash containers shall be keptout of view from he roadway except on trash
pick-np days.. No outdoor toilets shall: ever be placed on any tract within the additiom except
during construction of a residence. All sewage shall be so disposed of by sanitary means as
approved by the Brazos County Health Department.
Section 2. Recreational vehicles, non-operative motor vehicles, trailers, and heavy
equipment, may be kept in a garage or stored on the back of the lot of any owner provided they
are screened. from view from roadways and neighboring lot owners.
.Section 3. These provisions do not apply to Lots-land 2, Block 1, and all of flock 4.
The appearance of these lots shall be guided by the City of College Station ordinances, codes
and policies.
VIH. Dwelling Size-and Construction
Section L No building of any kind shall be erected, placed, or altered on any lot or
tract in aid addition until constrnction plans and specification, together with a plot plan,
showing the proposed location of such building, has been approved by the Architectural
Control Committee. All dwellingplaces constracted in Block 1 shall have at least 1600 square
feet of heated and cooled living area exceptfor thoselots adjoining Pamela Lane, for which
a minimum of 2400 square feet heated and cooled living area shall be required. All .dwelling
places in Block. 2 and Block 3 of Harvey ,Hillsides Addition shall be required to .have a
minimum of 2400 square feet. of heated and cooled living. area. All houses within the
subdivision must have at least atwo-car garage.
Section 2. All. buildings shall be constructed of products. approved by the Architectural
Control Committee.
Section 3. Any approved dwelling place or structure that was built or completed prior
to the time of the filing of these amended deed restrictions shall be exempt .from the
requirements herein as to minimum square footage and as to garage requirements.
IX. Animals
Each lot owner may keep one animal per acre, not including indoor house animals.
A lot owner must own at least two (2) contiguous acres in order o keep: two. (2) animals in
the subdivision. No property owner in the subdivision may keep or breed animals for
commercial purposes, except for traditional 4 I~ aid ~A projects. Lot owners shall control
their animals so than there shall not be a threat or nuisance to persons living in .the
subdivision. Lot owners shall ensure that their animals are not a nuisance to adjoining
property owners. All animals. are to be confined to the .premises. Animals, which are off-
premise, shall be kept on a leash or other restraints preventing them from roaming freely.
No swine are permitted on any lot in the subdivision.
Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addition page 3
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X. S1gnS
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No signs of any kind shall be displayed to the public view on any lot except for signs
intended to protect life and property, and those protected under free speech, :and .except for
one sign of not more than five square feet advertising the property for sale or rent or signs
used by a builder to advertise property ;during .the .construction and sales period. This
provision does not apply: to Lots 1, 2, 22, 23, 24, 28, and 29, Block 1, and all of Block 4.
XI. Firearms.
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The discharge of firearms or guns into or on` any lot, tract, roadway or any other
property in said subdivision shall not be permitted except in defense of life and/or property.
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XII. Nuisances
Garage sales, yard sales, or similar types ofsales shall only be permitted once a year
on any lot. All of these types of sales' hall be limited to two consecutive days.
No exterior lighting of `any sort shall be installed or maintained on a lot where the light
source is offensive or a nuisance to neighboring property, except for reasonable security or
landscape lighting. No noxious, offensive or degrading activity shall be permitted upon any
lot, nor.. shall anything be done thereon which may be or may become an annoyance or
nuisance to the`neighborhood.
XIII. Governmental AgencyApproval
Nothing in this declaration shall be construed to relieve any owner from securing such
approval, certificates, and/or permits as may be required by law in connection with the
construction or;use of any improvement on any of in the subdivision.
XIV. Duration and Amendment
These covenants are to ran with the land and shall be binding on all. parties hereto. and
all parties claiming under them for a period of twenty--five years from the date of filing, at
which time they shall be automatically. renewed for successive periods of ten (10) years unless
before such. time a majority of the then property owners, each having a vote equal to the
acreage owned by him or her, vote to alter, modify, or amend such restrictions,.and record
them of record in the public records of Brazos County, Texas.
XV. Enforcement
The covenants, reservations, .easements, and restrictions set out herein 'are. for the
benefit of the residents of Harvey Hillsides Addition, their heirs, successors, and assigns.
Accordingly,. all of the covenants, restrictions, easements, and reservations contained herein
shall be construed to be .covenants running with land .enforceable by law or in equity by one
or more of said attics. F it r t r
a u e o enfo ce an covenant or restriction h n
p y erein co tamed shall
in no event be deemed a waiver of the right to hereafter enforce such restrictive covenant
XVI. Severability
:Any invalidation of anyone of the covenants or restrictions contained herein shall in
na wa affect an of the other rovisions all of which shall remain in full force and effect
y Y p
umta invalidated by court of competent jurisdiction.
Amended Declaration of Covenants and Restrictions ofHarvey Hillsides Addition page 4
XVII. Adoption of Amendment
The undersigned, being the members of the Architectaral Control Committee of Harvey
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Dated this ~~ day of `~~~'l,tiL-~t..~ij , 1999. I
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DENNIS HEJTMANCIK
A. KONRAD EUGSTER
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j EUGENE SKRASANEK
WALTER HOKE
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I MARK WEST'HiJSIN
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CAROL CONANT
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i WELDON JORDAN
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Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addition Page S
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THE STATE OF TEXAS §
1 §
COUNTY OF BRAZOS §
This instrument. was acknowledged before me on the day of , 1999,
by DENNIS HEJTMANCIK.
NOTARY PUBLIC, State of Texas.
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 1999,
by A. KONRAD EUGSTER.
I
NOTARY PUBLIC, State of Texas.
y
~' THE STATE OF TEXAS §
.COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 1999,
by EUGENE;SKRABANEK.
NOTARY PUBLIC, State of Texas.
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
.This instrument was acknowledged before me on the day of , 1999,
by WALTER HOKE.
NOTARY PUBLIC, State of Texas.
'; THE STATE OF TEXAS §
COUNTY OF BRAZOS §
..This instrument was acknowledged before me on the day of , 1999,
by MARK wESTxuSIN.
'NOTARY PUBLIC, State of Texas.
Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addition Page 6
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THE STATE_OF TEXAS
COUNTY OF $RAZOS
This instrument was acknowledged before me on the day of , 1999,
by CAROL.CONANT.
NOTARY PUBLIC, State of Texas.
THE STATE DF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of ,1999,
by WELDON JORDAN.
NOTARY PUBLIC, State of Texas..
brl\re\harveyhi\amenddec
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Amended Declaration of Covenants and Restrictions of Harvey Hillsides Addifion page 7