ORDER N0, 18633 MOTION 'f0 GRRNT R VRRIANCE ON CENTER POINT ESTATES Orr this tha 4th day of May 1989, Commissioner Baldwin made a motion to grz+nt a variance on Center Puint Estates, Lots 414 and 415. Rfter• m~_rch disc~.ission it was decided that Mr, Milton wo~.ild contact each homeowner in his subdivision and request them to reply in writing that they have no objection to the transfer of land. Commissioner Baldwin withdrew his motion. ~I COMh1ISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF TH DOCUMENTS TO BE REVIEWED BY THE COURT. h1ADE BY: GF'ipf{p /y/ C~/~F~ MEETING DATE:__ S ~/~______ EST AND OFFICE: d D ~/~C,~~ TIME PREFERRED: ~~~~ /~~ SUB.IECI': (PLEASE BE SPECIF'IC:~Q~/ES% ~/~ (//~/%4itJC~ ~20~ ti~~ ~c _~ /ate o~ ~~~ T /~~QrJ/IQEs~rc~vrS TrIZ to TS _ 5'/~ ~__~//S a~ C'Fi(/7-c-.2 /-o/.~T C`STi9TES ESTIMATED LENGTH OF YRESEN"1'ATION: /~' /~//. IF PERSONNEL MA'I"1'L:R: NAME; OI' EMPLOYEE: NAME OF PERSON ADDRESSING 'i'HE COUR"I':_~i^rC ~sG:•!['' TIME FOR SUBhII"1'TING "I~IIIS REQUEST FOR COUt2"I' TO ASSURE THAT THE MATTER IS POSTED IN ACCORDANCE WITH AR"I'IC1.E 6252-17 IS AS FOLLOWS: MEETINGS HELD ON SF;COND MONDAI': 12:00 P.M_ PREVIOUS WF_DNESDAY MEETINGS HELD ON THLIRSD.AYS: 5:00 P. M. PREVIOUS THURSDAY. IF PREFERABLE, AGENDA REQUESTS ;\9A1' BE MADE ON OFFICE STATIONERY 1VITH THE ABOVE INFORMATION ATTACFIEU. THIS RF_QUEST RECEIVED BY: TIiIS' REQUEST RECEIVED ON: A.M. P.M. ALL AGENDA REQUESTS WIL1. BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE- TEP.MINE IF ADEQUATE INFORMATION HAS 6EEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND AC'T'ION AT TIME OF COURT h1EETINGS. YOUR COOPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST-BEING ADDRESSED AT THE EARLIEST OPPORTUNITY'. sxxrerr ~e• /~' ~ ~ ~e3 ~+ Vl,~ 299 pA(;E ash _..f?':'ATE OF TEXAS X CENTER POINT ESTATES RESTRICTIONS COUNTY OF KERR X IdHElck:AS, RANCHLAND DEVELOPMENT COMPANY, a Texas Corporation, hereinafter called DEVELOPER, owns that certain property known as CENTER POINT ESTATES, and other acreage; all being the identical property described in a 47arranty Deed recorded in Volume 151, Page 538-544, of the Deed Records of Kers County, Texas; AND l7HEREAS, DEVELOPER desires to improve, use, and sell said lands in an orderly manner and to enhance the permanent value there- of for the mutual benefit of all subsequent owners; tlOi1, THEREFORE, DEVELOPER hereby adopts and imposes the fol- lowing restrictions, reservations, and covenants, hereinafter called restrictions, upon each and every tract of land shown upon any re- corded plat of CENTER POINT ESTATES, or shown upon any recorded plat of any Unit thereof including all plats now recorded and plats of addit+onal Unites hereafter recorded in ttie Plat Retards of Kerr County, Tex:, s, to which plats and their record reference is here made for all purposes, such restrictions to be covenants running with the land, to-wft: 1, Use - Each tract shall be used primarily for residential purposes and only one single family residence shall be constructed on any one tract. No building erected on any tract shall be erected nearer than twenty (20) feet to any boundary of said tract. No tract is to be subdivided after its initial sale by DEVELOPER, DEVELOPER reserves the right to resubdivide all or any part of the remainder of CENTER POINT ESTATES into sm:,Jler or larger tracts as DEVI:'LOPER deems proper in its sole discretion. No mohile hams, trailers, or temporary structure of any sort shall be used as a residence o++ said tracts toleether or not same is placed on a founda- tion of any type without first obtaining DEVELOPER`S express written co~isent thereto. 2, Size - The principle residential structure on any one tract shall contain a minimw.. of 1,000 square feet of living area. 3. Animals - No s~>ine shall be kept on said tracts. Other animals, such as horses, cows, sheep, or goats, may be kept only with prior written consent of DEVELOPER or its authorized agents. No commercial use of said tracts for breeding, fattening, keeping, or .selling of any animals shall be permitted. 4. Construction - Any building erected on said tracts, which is constructed o~ wood, stucco, cement, or rectal shall be stained, or painted, or h.,ve the color mixed in th^ f.inal ce:st. Any con- struction commenced upon any structure on 3 •,°.~ s:r+4.d erect must be completed within one year of the time constr. mas initiated, !~ ;i S. Firearms - There shall be no deer hunting ~ ki.n:? ..o:_• the discharge of deer rifles on any tract in CENTS k'u~.~, "STATES, • voc: zes pace cs~ 6. Sawa e - All toilets shall be indoor. No sewage disposal system, sanitary system, cesspool, or .septic tank shales be construc- ccd, altered, or allowed to remain or be used in any tract unless fully approved as to operation, design, copacity, location, and o<; construction by all proper public health agencies of the State of Texas and the County of Kerr and in compliance with Che regulations , of any political subdivision of the State of Texas. 7. iuisance - No tract shall be occupied or used for any noxious or oficnsive activity and nothing shall be done or permitted to be done on said Cract which is n nuisance or might become a nuisance to the owners of any surrounding tracts including the dis~ posal of Crash, garbage, and ranked cars. Garbage, trash, and Sunk shall be hauled away at least once every two weeks and shall be kept in covered containers. 8. Timt,c~ Dirt, Minerals - The only drilling activity per- missible on any tract shall be to obeain water. No timber, dirt, or minerals of any kind shall be removed for commercial purposes from nrry tract by tt~e purchaser thereof. 9. Streets, Roads, Easements - The existing streets, roads, and easements in CENTER POINT ESTATES both visible and apparenC on the ground and as reflected 6y the Plat Records of Kerr County, Texas (including plats of additional Units of CENTER POINT ESTATES which may be xc•~orded Prereafter) ore hereby dedicated to public use, Etch tza~t and any instrument pertaining to such tract or to the title thereto is hereby expressly made subject to all such streets, zoads, and casements, DEVELOPER, its successors, and assigns, shall not be lic,l•1e for any damage to any tract or any improvement thereon arising from the installation of any utilities in or on such streets, roads, and ea sement•;, 10. Duration - These restrictions, covenants, and reservations may be amended of any time by those persons or legal entities buying puzsuant to contract or owning no less than 75% of ChG acreage ori- ginally comprising Ci:1~TER 1.OIIdT E';TATES, A control committee, here- innftcr called the CU^AfITTEE, comprised solely of three officers or directors of DEVFI.OPER, shall have the sole right to enforce, alter, or achend any restriction, reservation, or covenant herein contained, without further notice, until such time as at least 751, of the ori- ginal acreage of CENTER POIA"I' ESTATES is sold or has been contracted to be sold. Thureafter, the persons or entities owning or buying each tract sha)1 succeed DEVGLOPEK'S officers and directors on the CO;AIITTEE and shall comprise the CODII~fITTEE and each tract shall be alloted one vote concerning further operation of the CO*L*tITTEE, At. such time the COD1:fITTEI: shall have the sole responsibility of en- furcint;, maintaining, altering, or amending these restrictions and covcr.ants (excepting easements) or adding Chereto, and DEVELOPER ~hr,,l have nn liability therc•fo:, Enforce meat of these restrictions shall be by proccedi„gs nt law or in equity to restrain violations or to recover damage against any person or persons violating or attempting tc .,iolnt any covenant, And available to any tact owner, and the violator sha be liable fcr all court costs and reasonable attorney's fees i, vi d thereby, -a- ~~~ t ! ,s, ~.•' 1K~t; 289 PAGE 458 12. a,cher Sales - DLVELOPER expressly reserves the right not f'to attach or impose these restrictions on any acreage in CENTL}: POINT ESTA7'i.~ unless the same is platted now or hexeafter of record yr, as a Unit of CENTER POINT ESTATES. 13. 2onin -All zoning and of any government or subdivision said land lies are c:,,nsidered to hereunder and all ot~ners of said rules and regulations as they no effect, other laws, rules and regulations thereof under whose jurisdiction be a part hereof and enforceable lands shall be bound by such laws, ,v exist or may hereafter come into 14. Successors aid Assigns - These restrictions shall be bind- ing upon and for the benefit of all successors, and assigns of DEVELOPER, ADOPTED this 14th day of April, 1972. • RANC}{1.AND DEVELOPI'LENT COMPANY, •. ~ DEVELOPER ' . `. ~ L • ',. -Leon R. Turner, its President ATTEST Van S, Poorman, its Secretary THE STATE OF TE):AS A THE COUNTY OF }'ERR X Before me, the undersigned authority, on this day personally appeared Leon R. Turner, President of Ranchland Development Company, a corpor:•t.`ion, known to me to be the person whose name is subscribed to the foiegoing instrument, and ac}cnowledged to me that he executed the same .for the purp~•ses ar.,d consideration therein expressed, in c},.: capacity therein stated and as the act and deed of said corpora- tion. Civen under my hand and seal of office on this the ..~ _. , 1973. FILED FGA RcCORD ,T:.•, FfR4 ~,, ~~nty Cuun, ne,y uuo~Itt ~~ "'day of ~~a ~~ ... Nota Public, l:err County, Texes Edo„ q, ~'a11ac• ~ota,y Pao l•ltaa ~ATC ~ounc,, - ~ - RECOnGER'S A9EM0. tEGiB;uty OF WnITING, TY PI":G OR ?;i!fq lhl ^~ UNSA TIS N•CTO„•/ fAl TIi1S OUCUM[h~f 1YncD! ni ~F :q'1