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
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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