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HomeMy WebLinkAboutCollege Park Restrictive Covenant Ballot 41 NOTICE PLEAS E ... THE ATTACHED PACKAGE CAREFULLY- IT HAS INFORMATION IN IT WHICH CAN BE USED TO ALTER YOUR RIGHTS AS A PROPERTY OWNER P. V. Box 2698 College Station, TX 772698 8 � 10 May 2000 Dear Neighbors, You are a property owner in the College Park area of College Station, Texas, facing removal of deed restrictions now contested in the 85th District Court in Brazos County. Interviews indicate that many people who signed the document presented by Mr. Nelson Nagle of Round Rock, Texas, abolishing most deed restrictions, did not fully understand the impact of their actions. Blanket restriction removal has serious negative effects on all area property. Our counsel's attached letter is well stated. Please read it. Also attached is what our counsel considers a proper ballot to reverse the core issues. This ballot will allow us to not only regain our needed key deed restrictions, but to update them as well, so revisions are made that agree with the desires of most property owners. Please consider the following: Mr. Nagle has removed deed restrictions so he can build a project that, one way or another, crowds at least eight additional adults to live where only four unrelated adults may presently live. Of the seven revoked restrictions, the two below have enabled him to accomplish this: 1). Side setback spaces in the restrictions between buildings, streets and alleys have been reduced or eliminated. This has removed areas used for everything from storage, to play, to gardens. The old side setbacks provided for such use by the residents, as well as allowing access to the site for home improvements and to service utilities. This space vanishes if these restrictions are not reinstated. A recent example is the installation of a power pole several months ago behind Mr. Nagle's own property. This required the City crew to work the pole manually between forms already in place for his new construction, which block access to the utility easement, even though there are not yet any fences or carports. Later, there can be. Eliminating these deed restrictions have made such access far worse for all of us. We must help the city enforce sound deed restrictions; they can't do it all! 2). To further his project, Mr. Nagle has caused the 75 -foot site frontage requirement to be removed. This restriction was designed to allow proper distance between structures. Most people need space for parking and other uses. Simply said, by eliminating the frontage requirement, additional essential parking space is not available. Mr. Nagle's project calls for eight additional bedrooms, bringing the need for occupant parking to twelve vehicles on this one site. Bluntly, there is no place to park vehicles in front of or on his property, so many will be parked in front of his neighbors' homes. This letter is to encourage you, as a property owner, to vote to establish updated deed restrictions essential to protect our neighborhood. Even though I am not allowed to vote in this election, my property is across the street and is profoundly affected. I feel that voting for each of the restrictions in the attached ballot will be the proper way to guarantee the future character of our neighborhood! It will put the matter back in the hands of owners who have made fully informed, individual choices for each restriction Thanks for "hearing" me out on this. Please call me at 979 693 4443 or Bill Bingham at 979 764 0903 if you have any questions. Sincer atricia L. Cleere Attachments Nor *IS DAVIS & DAVIS ATTORNEYS AT LAW A Professional Corporation POST OFFICE BOX 3610 BRYAN, TEXAS 77805 -3610 W. STEVEN STEELE Telephone (979) 776 -9551 Board Certified Telefax (979) 776 -2712 Civil Trial Law Personal Injury Trial Law 3000 Briarcrest Drive, Suite 602 Texas Board of Legal Specialization Bryan, Texas 77802 April 10, 2000 TO WHOM IT MAY CONCERN Re: Cause No. 50,081 -85; College Park Homeowners, et al v. Nelson Nagle and Stylecraft Builders, Inc.; 85 District Court, Brazos County, Texas Dear College Park Homeowner: In October, 1999, our law firm filed suit for your neighbors: Norma Miller, Helen Pugh, Bobby Mirza, and Mrs. H.A. Luther to prevent planned construction by Nelson Nagle of two 1,500 square foot, four bedroom residence on Lot 10 and Lot 12, Block C of the College Park Subdivision (on either side of an existing residence at 600 Welsh Street). The proposed construction would have had 15 feet of side set back and only 50 foot of frontage for each building site. In other words, the proposed construction would have placed three buildings on a location that had previously only had one single family dwelling. In 1942 when College Park Subdivision was developed, the developer recorded restrictive covenants or deed restrictions for the purpose of controlling the type of future development in the subdivision. Specifically, the developer provided for only single family dwellings to be constructed in the subdivision and that each individual building site must have frontage of at least 75 feet. The purpose of these types of restrictions were very clear and designed to keep the College Station Subdivision a residential neighborhood with side, front, and back yards. As Mr. Nagle's proposed construction would have violated these deed restrictions, a suit was filed and the-parties agreed that a status quo would be maintained until the Court decided if his proposed construction violated the deed restrictions. While the litigation was pending, Mr. Nagle changed attorneys from Bill Payne of Bryan to Wendi Lester of Round Rock. In his pleadings, Mr. Nagle has alleged that the restrictive covenants have been waived by the action of certain homeowners in violating the deed restrictions. However, Mr. Nagle does not allege that anyone has violated the restriction requiring a single family residence to be constructed with 75 foot of frontage. It is apparent from the proposed construction that Mr. Nagle intends that the three buildings constructed on his three Tots would be primarily rental property greatly increasing the April 10, 2000 Page 2 occupancy of the three Tots and the parking requirements for each of the lots. This type of multiple occupancy and greater demand on the parking in the area is one of the primary reasons that the restrictive covenants were recorded in the first place. Welsh Street and the yard areas for the three lots owned by Mr. Nagle are inadequate to accommodate the parking requirements for ten or more residents. The congestion created by the tenants and their guests parking on the streets in the neighborhood is one of the reasons that your neighbors decided to enforce the deed restrictions and prevent the construction. Recently, Mr. Nagle has filed a pleading with the Court indicating that he has secured sufficient signatures to rescind most of the deed restrictions. Attached to this letter is the document which he has recorded purporting to delete the following restrictions from the restrictive covenants completely: (1) the restriction that construction be one single family dwelling and one, two, or three car garage on a residential building plot; (2) front building line set backs of 25 feet from all streets and any side and rear lot set back lines for the subdivision; and (3) each individual building site having frontage of at least 75 feet. As you can see by the document, Mr. Nagle in purporting to obtain signatures has not recited the complete text of the deed restriction, but has made an "argument" concerning each of the restrictions. He or his representative may have misstated the facts with regard to these restrictions convincing individuals to execute the document. If these legal impediments are removed, the entire area of College Park Subdivision will be changed considerably. Construction of other than single family dwellings will result in multi - dwellings (i.e., duplexes, quadraplexes, and even apartment buildings) or in commercial property if approved by the City. The residential neighborhood could be transformed into a rental property area within a few years. The deletion of the 75 foot frontage requirement and the set back requirements could result in "row" houses being placed along streets that cannot accommodate this type of population density. Many residents have been requested' to participate in the lawsuit to prevent the neighborhood from changing as proposed by Mr. Nagle through his construction. Apparently, many neighbors have been hesitant in joining the lawsuit due to concerns over their financial obligation. It is our intention to request the Court to conduct a vote of the residents of College Park Subdivision supervised by the Court on whether to retain the • deed restrictions. As with any vote, it is important that everyone be fully informed concerning the facts and the consequences of their vote. I would encourage you to investigate this matter to ask questions and to cast an intelligent, well informed vote with regard to the deed restrictions for the College Park Subdivision. If you have previously signed a document presented by Nelson Nagle or Alison Nagle and believe that you want • • • April 10, 2000 Page 3 to reconsider the consequences of the document which you have purportedly signed, I would respectfully request that you advise me or one of my clients in writing of your position on this matter. If it is the will of the majority of the homeowners of College Park Subdivision to remove deed restrictions and change the scheme of development of the subdivision, my clients will abide by that majority decision. However, if it is the opinion of the majority of homeowners of the College Park Subdivision that this historical area of College Station should remain a residential neighborhood and the deed restrictions should remain in place, then my clients and their neighbors who join them will enforce those deed restrictions and prevent construction as proposed by Mr. Nagle or any other person. If you have any questions regarding this matter or need any documents to review, please do not hesitate to contact the undersigned attorney. Sincerely yours, William Steven Steele WSS:Ir SECOND AMENDMENT OF RESTRICTIVE COVENANTS STATE OF TEXAS § COUNTY OF BRAZOS § The undersigned, being the current Owners of lots within the property subject to the Restrictive Covenants of record in Volume 111, Page 197, Deed Records of Brazos County, Texas (hereinafter referred to as the "Restrictive Covenants "); WHEREAS, Oakwood Realty Company of College Station imposed the Restrictive Covenants upon Lot Nos. One (1) and Two (2) of Block No. Ten (10); Lot Nos. Seven (7) to Eleven (11), inclusive, in Block No. Nine (9); Lot Nos. One (1) to Eighteen (18), inclusive, in Block A; Lots One (1) to Eleven (11), inclusive, in Block B; Lot Nos. One (1) to Nineteen (19), inclusive, in Block C; and Lots One (1) to Ten (10), inclusive; in Block D of the Subdivision known as RESUBDIVISION OF A PORTION OF COLLEGE PARK, COLLEGE STATION, TEXAS, a plat of record in Volume 107, Page 151, Deed Records of Brazos County, Texas (hereinafter referred to as the "Property "); WHEREAS, the First Amendment was executed by owners based on the recitation contained in the document and other oral representations made by Nelson Nagle or Allison Nagle; WHEREAS, this document (herein referred to as "Second Amendment ") is intended for the owners of the Property to decide to change the Restrictive Covenants as they may have been previously been changed by the First Amendment by adding to or amending the Restrictive Covenants the prior Restrictive Covenant Nos. 2, 3, 4, 5, 6, 7, and 9 as indicated by the vote of the owners indicated on attached pages; The undersigned further agree that the Second Amendment of the Restrictive Covenants may be executed by Owners in multiple counterparts and authorize the law firm of Davis & Davis to combine vote pages /signature pages from the counterparts into one document for recording in the Official Public Records of Brazos County, Texas to reflect the vote of owners on the proposed changes. CITY OF COLLEGE STATION GIS DEPARTMENT OWNERSHIP RECORDS PER APRIL 07, 2000 OR THE CURRENT DATA WE CAN GATHER FROM IMDIVIDUAL PAPERS - REV 15 MAY 2K Address Description & Owner Vol Pge Year B 504 GUERNSEY BLOCK 10, LOT 1,2 1940 Hand Delivered MILLER, NORMA L 979- 696 -4454 1 Bill Bingham 504 GUERNSEY 1 Ballot COLLEGE STATION TX 77840 504 Guernsey * BLOOM, MICHAEL T. 409 - 885 -6835 1 Xpress, Email, Fax 136 FM 1458 EXTENSION 1 Ballot SEALY TX 77474 Sheraton Helioplis 20-2- 267 -7730V Cairo Egypt 20-2- 267 -8175F 504 Guernsey * FORT, LINDA BLOOM 760- 778 -8415V 1 Xpress, mail, Fax C/O 333 N PALM CANYON DRV #114 760 - 323 -3021F 1 Ballot PALM SPRINGS CA 92262 500 FAIRVIEW BLOCK 9, LOT 7,8,9 2847 004 Hand Delivered MCDERMOTT, SCOTT & KELLY 979 - 764 -0770 2 Bill Bingham 500 FAIRVIEW 2 Ballots COLLEGE STATION TX 77840 501 FAIRVIEW BLOCK 10, LOT 3,4,5 717 568 U.S.Mail w /Proof DRESSER, GEORGE B & MARY 979 - 696 -4631 2 of mailing 501 FAIRVIEW 2 Ballots COLLEGE STATION TX 77840 600 FAIRVIEW BLOCK A, LOT 10, 35' OF 11 361 261 1954 Hand Delivered WILKES, LAMBERT H & STELLA 979 - 268 -0254 2 Bill Bingham 9552 RIVER RD 2 Ballots COLLEGE STATION TX 77845 601 FAIRVIEW BLOCK C, LOT 8,9 1842 123 1954 Hand Delivered PUGH, HELEN RUTH LIVING TRUST 979 - 696 -6638 1 Bill Bingham HELEN RUTH PUGH TTEE 1 Ballot 601 FAIRVIEW AVE COLLEGE STATION TX 77840 1 601 Fairview * PUGH, CONDY 512 - 918 -8629 1 Xxpress Mail, Fax 9522 -B WOODVALE 1 Ballot AUSTIN TX 78729 601 Fairview * PUGH, KYLE 214- 522 -45000 1 Hand Delivered 4131 N CTRL EXPRESSWAY #350 LB42 214 - 528 -7755F Bill Bingham DALLAS TX 75264 214- 691 -6440H 1 Ballot 601 Fairview * PUGH, KING 716 - 741 -7439V 1 CAMP CREEK 6380 LAKEMONT COURT 716- 741 -1042F 979 - 828 -4156 EAST AMHERST NY 14051 Hand Delivered 1 Ballot 604 FAIRVIEW BLOCK A, LOT 11 (15' OF), 12,13 1065 034 U.S.Mail w /Proof BAYLISS, GARLAND E & MARY E 979- 774 -4128 2 of mailing 2710 PINEHURST 2 Ballots BRYAN TX 77802 605 FAIRVIEW BLOCK C, LOT 6 (PT OF), 7 3448 089 PARULIAN, OSCAR & JOHNNY 979 - 696 -4117 2 Hand delivered C/O TALENT INVESTMENTS Bill Bingham 1701 SOUTHWEST PKWY 2 Ballots COLLEGE STATION TX 77845 605 Fairview * PARULIAN, ANTHONY 979 - 764 -4117 1 Hand Delivered 605 FAIRVIEW Bill Bingham COLLEGE STATION TX 77845 1 Ballot 605 Fairview * PARULIAN, ROBERT 979 - 764 -1237 1 Hand Delivered 3918 HARVEY ROAD SOUTH Bill Bingham COLLEGE STATION TX 77845 1 Ballot 606 FAIRVIEW BLOCK A, LOT 14,15 272 729 1956 BURTON, ROGER A & DONNA K 979 - 776 -5164 2 1 Hand Delivered 7796 FM RD 1179 Stella Wilkes BRYAN TX 77808 2 Ballots 2 4) 607 FAIRVIEW BLOCK C, LOT 4 (7.4' OF), 5 & 25' OF 3033 328 1 CLEBOSKI, MARION P 979 - 693 -3395 Hand Delivered C/O LINDA DIANNE CLEBOSKI Pat Cleere 702 PARK PLACE 1 Ballot COLLEGE STATION TX 77840 611 FAIRVIEW BLOCK C, LOT 3 (25' OF) & 42.6' OF 4 878 434 1980 2 FRANKLIN, PAUL K & BETTY W U.S.Mail w /Proof 446 E FRENCH PLACE of mailing SAN ANTONIO TX 78212 -3723 2 Ballots 612 FAIRVIEW BLOCK A, LOT 16 & 49' OF 17 3135 096 1956 SMITH, DALE GLYNN & JANET 979- 693 -9942 2 Hand Delivered 2810 WILDERNESS DR S Earl Bennett COLLEGE STATION TX 77845 -4144 2 Ballots 615 FAIRVIEW BLOCK C, LOT 2 (52' OF) & 25' OF 3 290 353 STRAWN, ROBERT KIRK & CHARLENE 979 - 696 -3307 2 Hand Delivered 1005 ASHBURN AVE Pat Cleere COLLEGE STATION TX 77840 2 Ballots 618 FAIRVIEW BLOCK A, LOT 18 & 15' OF 17 2906 191 WATKINS, GRETA GATES P/A 1 U.S.Mail w /Proof 618 FAIRVIEW AVE of mailing COLLEGE STATION TX 77840 1 Ballot 705 FAIRVIEW BLOCK D, LOT 2 (25' OF), 3 694 23 CARNEY, JOSEPH PAUL 1 U.S.Mail w /Proof 2200 KUYKENDALL of mailing BRYAN TX 77802 1 Ballot 705 Fairview * PHILLIP SEDITA 1 Unable to locate at all CALIFORNIA 705 Fairview * THOMAS CARNEY 1 Unable to locate at all HARRIS COUNTY 3 • 709 FAIRVIEW BLOCK D, LOT 1 & 25' OF 2 2694 155 ASKARI, SYED HASAN 1 U.S.Mail w /Proof 4008 OAK BEND of mailing BRYAN TX 77802 1 Ballot 709 Fairview * NICKS, VIVIAN 1 U.S.Mail w /Proof C/O BENJAMIN NICKS of mailing BOX 8182 1 Ballot DES MOINES IA 50301 FAIRVIEW & PA BLOCK B, LOT 1 -11, PARK COLLEGE STATION, CITY OF 1 U.S.Mai1 w /Proof ATTN: ACCOUNTING DEPARTMENT of mailing PO BOX 9973 1 Ballot COLLEGE STATION TX 77842 413 MONTCLAIR BLOCK 9, LOT 10,11 894 063 MOORE & ASSOC ETAL 979- 1 Hand Delivered CLIFTON MOORE III Wilkes /Luther 1224 W MARTIN LUTHER KING 1 Ballot BRYAN TX 77803 413 Montclair * MOSLEY, JAMES CAREY 1 U.S.Mail w /Proof 0/0 BESSIE WILSON of mailing 2565 ADREE LN 1 Ballot SAN FRANCSICO CA 94080 601 MONTCLAIR BLOCK A, LOT 8,9 820 353 SCHULTE, ERIC JOHN & LANETTE 979- 693 -1162 2 Hand Delivered 1503 COVENTRY PL Bill Bingham COLLEGE STATION TX 77845 2 Ballots 603 MONTCLAIR BLOCK A, LOT 6,7 607 675 NELSON, HOWARD C 1 U.S. Mail w /Proof 5107 SPYGLASS DR of mailing DALLAS TX 75287 -7556 1 Ballot 607 MONTCLAIR BLOCK A, LOT 5, ( # #' OF), 6 DARBY, MARY A 1 U.S. Mail w /Proof 7191 EATON COURT of mailing ARVADA CO 80003 1 Ballot Property Abandoned 4 • 611 MONTCLAIR BLOCK A, LOT 2 (49' OF), 3, 25' OF 4 912 003 MCINTYRE, PETER M & REBECCA 979 - 696 -2103 2 Hand Delivered 611 MONTCLAIR Earl Bennett COLLEGE STATION TX 77840 2 Ballots 401 PARK PLACE BLOCK A, LOT 1 & 15' OF 2 3117 227 HERNANDEZ, JOAQUIN & DOROTHY M 979 - 696 -4170 2 Hand Delivered 1305 LANGFORD Wilkes /Luther COLLEGE STATION TX 77840 2 Ballots 500 PARK PLACE BLOCK D, LOT 4,5 2413 332 1956 O'NEILL, PAUL 979 - 696 -5787 1 Hand Delivered 600 WEST DEXTER Wilkes /Luther COLLEGE STATION TX 77840 2 Ballots 501 PARK PLACE BLOCK C, LOT 1, 12' OF 2 2860 333 1955 REESE, VIRGINIA MCGILBERRY 979 - 764 -1973 1 Hand Delivered 501 PARK PLACE Bell /Luther COLLEGE STATION TX 77840 1 Ballot 503 PARK PLACE BLOCK C, LOT 18,19 2404 089 TODD, SAM B & NANCY C 2 U.S.Mail w /Proof 504 VIRGINIA DR of mailing ROUND ROCK TX 78664 2 Ballots 504 PARK PLACE BLOCK D, LOT 6,7 BELL, MARY I & PAUL J 979 - 696 -4065 1 Hand Delivered 504 PARK PL Luther COLLEGE STATION TX 77840 -2957 1 Ballot 504 Park Place * GOLDEN, BEVERLY ANN 210 -737 -3351 1 Express Mail, Fax 4441 FREDRICKSBURG RD. #43 1 Ballot SAN ANTONIO TX 78201 -1955 602 WELSH BLOCK C, LOT 1OR 3558 181 1955 NAGLE, NELSON LEE 0 510 DENNIS DR ROUND ROCK TX 78664 5 • 600 WELSH BLOCK C, LOT 10R 3558 181 1955 NAGLE, NELSON LEE & ALLISON 2 U.S. Mail w /Proof 510 DENNIS DR of mailing ROUND ROCK TX 78664 2 Ballots 604 WELSH AVE BLOCK C, LOT 12R 3558 181 NAGLE, NELSON LEE 0 510 DENNIS DR ROUND ROCK TX 78664 606 WELSH BLOCK C, LOT 12 (21' OF), 13, 29' OF 384 282 1955 DRESSER, GEORGE B 979 - 696 -4361 0 501 FAIRVIEW COLLEGE STATION TX 77840 610 WELSH BLOCK C, LOT 14 (21' OF), 15, 29' OF 650 160 1947 MIRZA, WAJAHAT BOBBY & AFSHI 979- 2 Hand Delivered PO BOX 2932 Bill Bingham BRYAN TX 77805 -2932 2 Ballots 614 WELSH BLOCK C, LOT 16 (21' OF), 17 PER LETTER 1950 LUTHER, H A MRS 1 Hand Delivered 614 WELSH AVE Mike Luther COLLEGE STATION TX 77840 1 Ballot 706 WELSH BLOCK D, LOT 8 & PT OF 9 3181 285 1946 PARKER, DAN 1 Hand Delivered FAMILY LIMITED PARTNERSHIP RT 1 BOX 643 Stella Wilkes WASHINGTON TX 77880 -9712 1 Ballot 708 WELSH BLOCK D, LOT 9 (PT OF), 10 343 495 KETTLER, WILLIAM H JR 1 U.S.Mail w /Proof 819 CHARTER OAK of mailing ALLEN TX 75002 Total Ballots Released for Vote 58 6