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HomeMy WebLinkAboutLegal DocumentsLEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, JANUARY 6, 1999 ONLY BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider a conditional use permit request for an expansion to the existing church to include a new parish hall. The applicant is St. Thomas Episcopal Church located at 906 George Bush Drive. This request will be considered on Thursday, January 21, 1999 at 6:00 P.M. at the City Hall Council Chambers at 1101 Texas Avenue South. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 -735- 2989. For additional information, please contact the Planning Office at (409) 764 -3570 Sabine McCully Senior Planner EA- j@j,jj0@ January 8, 1999 TO WHOM IT MAY CONCERN: RE. Request for a Conditional Use Permit for an expansion to an existing building. NOTICE OF PUBLIC HEARING This is to notify you of the following conditional use permit request: Applicant: St. Thomas Episcopal Church Subject Property: 906 George Bush Drive (See enclosed map.) Proposed Use: Expansion to the existing church facility to include a new Parish Hall. The Planning and Zoning Commission will hold a public hearing to consider the use only for the subject property on Thursday, January 21, 1999 at 6 :00 p.m. in the City Hall Council Chambers at 1101 Texas Avenue South, College Station, Texas. All property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764 -3547 or (TDD) 1- 800 -735- 2989. For additional information, please contact the Planning Office at (409) 764 -3570. Sabine McCully Senior Planner KELVIN ADAMS STEVEN ALLBRITTON J. FRED BAYLISS ROY D. BRANTLEY WALTER S. CAMPBELL ELIZABETH G. GAMMON MICHAEL H. GENTRY JOHN C. HAMPTON ROB H. HOLT MARGARET H. KOHN TREY MALECHEK C. PATRICK MEECE WAYNE T. RIFE EDWARD E. ROBINSON SHANE SANDERS CHRISTOPHER J. SMITHERMAN JERRY L STOVALL JR. JOHN C. WEBB JR. GAINES WEST • PATEIVrA7710RNEY WEST, ADAMS, WEBB & ALLBRITTON A PROFESSIONAL LEGAL CORPORATION FIRST CITY, TEXAS PLAZA 3000 BRIARCREST DRIVE FIFTH FLOOR BRYAN, TEXAS 77802 July 7, 1992 Dr. and Mrs. Gary S. Nelson 110 Pershing College Station, Texas 77845 Dear Dr. and Mrs. Nelson: TELEPHONE (409) 77 6-2282 TELECOPIER (409) 7761531 Enclosed please find a copy of the Modificaton of Restriction Agreement which has been filed for record with the Brazos County Clerk's Office. Please retain this copy for your records. If you have any questions or comments please do not hesitate to contact me. Sinc y, C. atric Meece (CPM06)5160\NELSON.03 /9 Enclosure 493297A MODIFICATION OF RESTRICTION AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENT COUNTY OF BRAZOS § THAT We, GARY S. NELSON and wife, DEBORAH E. NELSON, of the County of Brazos, State of Texas, (herein called "Grantors ") and THE PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS, a Texas non - profit corporation, of the County of Harris, and State of Texas, (herein called "Grantee ") do hereby agree to negate Restriction Number 4 in that particular Warranty Deed dated February 29, 1988, recorded in Volume 1062, Page 754 of the Brazos County Deed Records, Brazos County, Texas. A true and correct copy of the Warranty Deed is attached hereto and marked as Exhibit " A " and incorporated herein. Restriction Number 4 states, to -wit: If Grantee or its successors builds a building on the Property, Grantee stipulates and agrees for itself and its successors that it shall share equally in the actual, reasonable, direct out -of- pocket cost of a brick fence, six and one -half (6 1/2) feet tall which shall be placed along the common property line between the Property and the Adjoining Property. It is the desire of the Grantors being the only parties having any right, title or interest in and to the adjoining property tc negate and release Grantee of any requirements arising out of Restriction 4 set forth above. It is also the desire of the Grantee to negate and release the Grantors of any responsibility arising out of Restriction 4. Pursuant to Restriction.7 of the Warranty Deed, Exhibit "A ", a (CPM05)5160 \M0DREST /9 1 vot x.526 4AU 86 ell . the owner of the adjoining property Gary S. Nelson and wife, Deborah E. Nelson and the owner of the property the subject of the Warranty Deed, attachment "A ", The Protestant Episcopal Church Council of the Diocese of Texas, a Texas non - profit corporation, of the County of Harris, State of Texas, agree to remove restriction 4 and in its place insert the following: If Grantee or its successors builds a building on the property, Grantee stipulates and agrees for itself and its successors that it shall erect a wood fence built with grade stamped Wolmerized lumber identical to the existing fence on the adjacent property ( "Nelson property fence "). Said fence is to be approximately six and one - half (6 1/2) feet tall which shall be placed along the common property line between the property and the adjoining property. Said fence design and location is more particularly described in attachment "B" to this Modification of Restriction Agreement. Attachment "B" is for reference only and is not controlling as to an accurate description of the fence. M V AGREED AND ACCEPTED to this day of 1992. THE PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS by: LILA S r_4t,4Ar H & t4voj , its PPcsi6 6J — (:� 4:�t� J. N GARY S. NEL ON DEBORAH E. NELSON (CPM05)5160 \M0DRFST /9 2 VOL 15?6 °aG! 87 STATE OF TEXAS COUNTY OF -f � 14A P-'-' This instrument was acknowledged be ore me on 1992, by S.STA uRr - �ry AE1_ aAJ , R4E Protestant Episcopal Church Council of The Diocese of Texas. s A. LfE,A. ELDRIDGE ~� fdotary Public "7ATE OF TEXAS „_ r. • 1, G:.,,m. fxp. 11 -M -'94 STATE OF TEXAS COUNTY OF BRAZOS This 1992, by of The Notary Public, State of Texas instrument was acknowledged before me on Gary S. Nelson f s .:� o F U8 �. S, STATE OF TEXAS '•��3�s� 1,'. COUNTY OF BRAZOS N ary Public, State of Texas 27 This instrument was acknowledged before me on 1992, by Deborah E. Nelson. �� EXFIA�S•• �C� No y Public, State of Texas AFTER FILING PLEASE RETURN TO: (CPM05)5160 \M0DREST19 3 WEST, ADAMS, WEBB & ALLBRITTON, P.C. 3000 BRIARCREST DR., SUITE 502 BRYAN, TEXAS 77802 vo 1526 V1 W 88 i EXHIBIT /NS/p� COPY THE STATE OF TEXAS § COUNTY OF BRAZOS § WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That we, GARY S. NELSON and wife, DEBORAH E. NELSON, of the County of Brazos and State of Texas (herein called "Gran- tors") for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid, by the Grantee herein named, the receipt of which is hereby acknowledged, have, subject to the reserva- tions from and exceptions to this conveyance listed below, GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the PROTESTANT EPISCOPAL CHURCH COUNCIL OF THE DIOCESE OF TEXAS, a Texas non - profit corporation, of the County of Harris and State of Texas (herein called "Gran- tee "), all of the following described real property in Brazos County, Texas, to wit: All that certain tract or parcel of land lying and being situated in the J.E. SCOTT SURVEY in Brazos County, Texas, and being part of the three (3) acre tract of land described in a deed from Mrs. Francis Schwartz, joined by her husband, Charlie Schwartz, to Robert F. Smith, dated August 5, 1922, and recorded in the Deed Records of Brazos County, Texas, in Volume 58, page 616, and being more particularly described by metes and bounds in Exhibit " A " which is attached hereto and incorporated by reference herein; together with all right, title and interest of Grantors in and to any land adjacent and contiguous to the Northwest, Southwest and Southeast (but not the Northeast) boundaries of the above described land ( "Property" herein). ,.This conveyance is made and accepted subject to: 1. Any and all valid and existing easements, restric- tions, rights of way, conditions, exceptions, reservations and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental author- ities applicable to and enforceable against the Property. I WARRANTY DEED PAGE 1 of 6 2. Taxes for the year 1988 and all subsequent years, the payment of which Grantee assumes. 3. Grantors hereby reserve and except in favor of Grantors and Grantors' successors and assigns, all their right, title and interest in the oil, gas, and other minerals that are in, under and that may be produced from the Property; provided, Grantors, on behalf of Grantors, their successors and assigns, hereby waive ingress and egress for all purposes on the surface Property with respect to the interest in the oil, gas and other minerals herein reserved in favor of Grantors, their successors and assigns. 4. Any easements that may affect the property, such as roadways, sewer, telephone, water and /or tele- phone and electrical lines. 5. Lack of ingress and egress to a public road or street. Grantors convey the above - described Property, and Gran- tee accepts this conveyance of the above - described Property, subject to the following protective covenants, conditions, reservations and restrictions. The Property described herein shall be held, sold, and conveyed subject to the following restrictions, reservations, covenants and conditions which are for the purpose of protec- ting the value and desirability of (i) the above - described Property and (ii) the real property described as Lots Five (5) and Six (6) and the North 3.7 feet of Lot Seven (7), Block One (1), OAKWOOD ADDITION, an addition to the City of College Station, Brazos County, Texas, according to plat thereof recorded in Volume 82, page 521, Deed Records of Brazos County, Texas (the property described in Subsection (ii) above shall be referred to herein as the "Adjoining Property ".) Grantors represents to Grantee and Grantee acknowledges that Grantors own the Adjoining Property and are currently using the same for residential purposes and that the establishment of the following restrictions, reservations, covenants and conditions (collectively, the "Restrictions ") are a material inducement to the Grantors for WARRANTY DEED PAGE 2 of 6 the sale of the Property and without the establishment of the Restrictions, Grantors would not convey the Property. The Restrictions, shall be deemed to be covenants running with the real property and shall be binding on the Property and all parties having any right, title or interest in and to the Property, or any part thereof. The Restrictions shall inure to the benefit of the Adjoining Property, or any part thereof, and all parties having any right, title or interest in and to the Adjoining Property, or any part thereof. The Restrictions are as follows: 1. No automobiles shall be parked on, the Property any closer to the Adjoining Property than ninety (go) feet from the property line shared by the Property and the Adjoining Property. 2. No building may be constructed on the Property which has windows facing or visible to the Adjoining Property higher than ten (lo) feet from the ground. 3. No lights may be placed on the Property outdoors which cast direct light on or in the direction of the Adjoining Property except as such direct light may be blocked by buildings or fixed structures placed upon the Property. i 4. If Grantee or its successors builds a building on the Property, Grantee stipulates and agrees for itself and its successors that it shall share equally in the actual, reasonable, direct out -of- pocket cost of a brick fence, six and one -half (6 1/2) feet tall which shall be placed along the common property line between the Property and the Adjoining Property. 5. If a building is built upon the Property, or an W i� part thereof, the then owner of the Property shall plant and maintain trees or other plants with a Minimum height of eight (8) feet � "between such building and the Adjoining Property no further from the common property line between the Property and the Adjoining Property than ten (10) feet a minimum density of one (1) per ten (10) =asst in width. 6. If any person or entity shall violate or attempt to violate any of the Restrictions, At shall be lawful foo,Grantorsand their successors or assigns or any person owning any portion of the Property or Adjoining Property !to prosecuta� any proceeding, at law or in equity, against any person or entity violating or attempting to violate such Restric- tions and either prevent such persons or entity from so doing or to correct such violation or to WARRANTY DEED PAGE 3 of 6 <�recover damages ;or other relief for such viola- tions. Invalidation of any one or any part of the Restrictions by any judgment or court order shall in no wise affect or invalidate any of the other provisions or parts of such Restrictions all of which shall remain in full force and effect. 7. The Restrictions shall be in full force and effect for so long as the Adjoining Property is zoned by the City of College Station, or its successors, for a residential use or until such time as the then owner of the Adjoining Property agrees with the then owner of the Property to amend, modify or remove the restrictions and to record such agree- ment in the Official Records of Brazos County, Texas. These Restrictions may be amended by writ- ten agreement between the then owner of the Adjoin- ing Property and the then owner of the Property, which agreement amending these Restrictions shall be recorded in the Official Records of Brazos County, Texas. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its heirs and assigns forever; and the said Grantors, subject to the reservations and exceptions to this conveyance above, do hereby bind themselves and their heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Ad valorem taxes and special assessments, if any, relating to the Property have been prorated to the date hereof. GARY S. NELSON DEBORAH E. NELSON WARRANTY DEED PAGE 4 of 6 AGREED AND ACCEPTED TO THIS 1 l A bAY OF FEBRUARY, 1988. PROTESTANT EPISCOPAL CHURCH COUNCIL_ OF THE DIOCESE OF TEXAS BY l /� I/5 �I.A �i7 (AUTH ff ED OFFI ITS: rL G S ( d(f - K Mailing address of Grantee: Mailing address of Grantor: Protestant Episcopal Church Gary S. Nelson and Council of the Diocese of Texas Deborah E. Nelson % St. Thomas Episcopal Church 110 Pershing 906 Jersey College Station, TX 77840 College Station, Texas 77840 with copy to: Protestant Episcopal Church Council of the Diocese of Texas 520 San Jacinto Street Houston, Texas 77002 Attention: Mr. Sheldon H. Crocker (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the _ of February, 1988, by GARY S. NELSON. (SEAL) Notary Public, State of Texas Notary's name (printed): Notary's commission expires: WARRANTY DEED PAGE 5 of 6 (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of February, 1988, by DEBORAH E. NELSON. (SEAL) Notary Public, State of Texas Notary's name (printed): Notary's commission expires: WARRANTY DEED PAGE 6 of 6 METES AND BOUNDS DESCRI PTIO1, OT A 0.345 ACkf. TkhCT O.E. SCOT1 LFAMI :, A -50 COLLEGE STA'T'ION, BRAZOS COUt "'TY, TEXAS M( tcs and bound: de- cript.ior, of all pared of land lying and being =ituatc League, AL'stract, No. 50, College Station, Said tract being a portion of a called described by a deed recorded in Volume 82, Records of Brazos County, T'e>:as. that certain tract or in the J. E. Scott Brazos County, 0.68 acre tract aE, Page 266 of the Deed Said 0.345 acre tract being more particularly described as fol for s, C0?Q :E ?4CIN3 at a 2 inch iron pipe found narking the west corner of the beforementioned 0.68 acre tract, said iron pipe also marking the west corner of a called 0.337 acre tract as described by a deed recorded in Volume 83, Page 350 of the Deed Records of Brazos County, Texas; T'IiENCE: N 45 30' 11" E along the northwest line of said 0.337 acre tract to a 1/2 inch iron rod found marking the north corner of said 0.337 acre tract, said iron rod also marking the POINT OF BEGINNING for this herein described 0.345 acre tract; THENCE: N 44 32' 40" E along the north line of this tract for a distance of 142.95 feet to a 2 inch pipe fence corner in concrete; THENCE: S 44 05' 07" E for a distance of 105.88 feet to a 2 inch pipe fence corner in concrete; THENCE: S 45 00' 00" W for a distance of 142.23 feet to a 3/4 inch iron rod found marking the east corner of said 0.337 acre tract; THEI,CE: N 44 28' 10" W for a distance POINT OF BEGIKIKING containing 0.345 acres surveyed on the ground January 5, 198E by 4502. 0a r Registered Public Surveyor NO. 4502 of 104.74 feet to the of land more or less as Brad Kerr, R.P.S. No, OF . ............ .....:�:. BRAD ArF,� .. .. T C R��•'.��� C /C• T ?,J EXHIBIT "A"