Item i=. ~~ ~F?CC)nslCj4?r' c~IIC~ Cj1sCtAS~"s Qr'CjE?r' ~t]. ~:i~'~F,~_'fi:' '~Ljr'c~Tlt an exemptic]n fc~r' ~n-sight sewage f~~_tles and Reg~_tlatiaT~s. ~~ l"his itF?m was t~~t]led anti the di sc~_ts<.sion helCi was to have ttie Ca~_tnty ~lttcrr'ney' s t]ffiGe send a J.etter' to lYlr'. Gar~c~ia t~ r'emove tt7e encr'oachmF?nt with ;w'~ days. COMMISSION . SRS' COURT AGENDA RED BEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. ADE BY: Butch Lackey FETING DATE: October 19,1995 OFFICE: TIlVIE PREFERRED: IBJECT: (PLEASE BE SPECIFIC) Reconsider and discuss Order No. 22452 "Grant an x mnrion frc onsight Sewage Rules and Regulations. ~CUTIVE SESSION REQUESTED: (PLEASE STATE REASON) TIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER -NAME OF EMPLOYEE: .ME OF PERSON ADDRESSING THE COURT: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays [S REQUEST RECEIVED BY: [S REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. Agenda Requests will be screened by the County Judge's Office to determine if adequate information has 1 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda uest Rules Adopted by Commissioners' Court. ORDER N0. ~~4~ GRANT AtJ EXEMG~TION FROM ONSIGHT SEWAGE RULES AND REGULATIONS Dn this the 7th day of December 1994, ~.tpon motion made by Commi~asionzr~ ^ehler-, seconded by Commissioner, Holel{anp, the Court, unanimously approved by a vote of 3-0-0, to grant a exemption fr-~om tt-~e onsight sewage rules and regulations to allow the Barclays and family members to hook up a mobile home to the existing septic system for a period of ~6 months or until property sells, at that time the mobile home must be removed. This exemption is given because it is an undue hardship. r ~ ~3 •y ~. _ t~~ . r F+ ~ r ~1~:~ ~ t ,:;,~_ .. ~~~ 5 •K ;~,, sB ~! ',`. _ , .F 45: .. ri ,~yy ~' #' ~~ 'c ;~`~ ' s ~~; ~: ~-: ~'~ ,, n:- . ~~ ~. 1f~o ~- wA4t?A*r'^Y reFO rA~f~ ..~ ~, ~ n7~7 STATE OF TEXAS Kt70W ALL b1EtJ BY THESE PRESENTS: COUtJTY OF KERR THAT WE, CHARLES D. ROSS and wife, YONG H. ROSS, by and through their duly authorized Attorney-In-Fact, YOUNG OK ROSALES, appointed by Power of Attorney filed of record in Volume 378, Page 564 of the Deed Records of Kerr County, Texas, of tt,e County of Augusta, and State of Georgia (hereinafter "Grantor", whether one or more), for and in consideration of the sum of TEfJ AND N01100 ($10.00) DOLLARS, and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto 1NTOtJIA SOLIS GARCIA, of the County of Kerr, and ---• State of Texas (hereinafter "Grantee~, whether one or more), ell of the following described real property, lying and being situated in Kerr County, Texas, together with all rights, benefits, privileges, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with any and all iurprovements thereon described as follows, to-wit: All that certain tract or parcel of land, lying and being situated in the County of Kerr, State of Texas, being all of Lot No. 212 (Two Hundred Twelve), of South Oak Villa e S~ect~~ion Tw.o~ a subdivision of record in ~otume , age 91, PI3C-Recoroe, Kerr County, Texas; and being the same and identical property conveyed to Grantor herein by Deed dated July 23, 1982, from Oren R. Rankin, et ux, of record in Volume 263, Page 600, Deed Records, Kerr County, Texas, to which instruments and their record reference is here made for all purposes. This conveyance is made and accepted subject to the following, to-wit: 1. Reservation of an undivided 5/16th of the usual 1/8th royalty per Deed recorded in Volume 117, Page 414, Deed Records, Kezr County, Texas. 2. Reservation of 3/16th of usual 1/8th royalty in Deed recorded in Volume 220, Page 437, Dead Records of Kerr County, Texas. 3. Non-participating royalty interest in and to all of the oil, gas and other minerals in, on and under said land reserved in Deed recorded in Volume 220, Page 437, Deed Records, Kerr County, Texas. 4. Channel easement to State of Texas of record in Volume 3, Page 374, Easement Records, Rerr County, Texas. 5. Right-of-Way to State of Texas of record in Volume 3, Page 370, Easement Records, Kezr County, Texas. 1 6 ~. 8. 9 li 1: TC all an belong: represe hereby success the sai represe whomsoe thereof Ex MAILING Antonia 212 Whig Kerrvil'_ v-,~ 07~7~a~E216 h 3 e 3 r e L d f :1 e s h i i r ,~ i t q a+ <, "-'t ~` ~r,- .; 4 ~~' i 1 '. -y.. ~' ~. f ,:' i t f . ~~,~, .i r~2 6. Telephone Line Easement to Kerrville Telephone Company recorded in Volume 6, Page 521, Easement Records, Kerr County, Texae. 7. Restrictions, covenants and conditions of South Oaks Village as described in Deed recorded in Volume 220, Page 437, Deed Records, Kerr County, Texas. 8. Existing building, zoning, septic, and other ordinances or regulations, if any, and all rights, obligations, and other matters, laws, rules and regulations eranating from and existing by reason of the creation, establishment, maintenance and operation of :iny governmental body, district, agency or authority. 9. Any and all visible or apparent roadways, easements, rights-of-ways or encroachments on, over or across subject property. 10. Ta.:es for the }'ear 1990 and subsequent years. 11. The conveyance of the above described property is m+:de and accepted SUBJECT TO all matters of record affecting the title, including but not limited to, all restzictiona, reservations, covenants, conditions, rights of way, easements, and other matters, if any, affecting the above described property that are valid, existing and properly of record with the County Clerk of Kerr County, Texas. TO HAVE AND TO AOLD the above-described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, and Grantee's heirs, legal repzesentatives, successors and assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, legal representatives, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, and Grantee's heirs, legal representative, successors and assigns, against every persc,n whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED TRIS 24th day of February , 1995. CHARLES D. ROSS, B AND THROUGH HIS ATTORNEY-IN-FACT, YOUNG OK ROSALES ~ ~ / ,7 ~~YONG A. ROSS, BY AND THROUGH HER ATTORNEY-IN-FACT, YOUNG OK ROSALES MAILING ADDRESS OF EACH GRANTEE: Antonia Solis Garcia 112 White Wing Kerrville, Texae 78028 RECORDER'S NOTE ATT0.E Of RECORDATN~N Y19TRUAElfi POUIQ 1D EE 1NA'JEOUA?'c FOR cESr PtfOTOGfi~IPMC REPFY}OU.Tl;'1 DUE Tp DeiTH d OAPoQiESS OF PPattT,CClri;,FFFlN?GR:NK'$11CKCAOlA~O OF PAPEfL RlEG~BiUTY, C:.F.ZON Cn PHOTO COPY, E'(U. 2 c . ~ .. L- r' r _. C . c. [. ~~ x˘a Vol _ _. .. , ~ ..:,.: ~.::c^~~ ~ zzo PAGE X40 ,..._ That Steven S. Monroe and ttichar .. RoLertson, Jr., being the sole `c ors and devoloners of South Oaks ~ gage in Kerr County, Texas, do h._eby restrict South Oaks Village Section 1, as F.ereinafter set forth, which restrictions shall be binding upon the Grantee of lots in said yub- • division, and his or their heirs, assigns, successors and administrators, to-wit: 1. All lots shall be known and used exclusively for residential purposes. No hunting shall be allowed. 2, No trash, garbage, construction debris, or other refuse may be dumped or disposed of or allowed to remain u{ion any lot, vacant or otherwise, uo building materials of any kind or character shall be placed or stored upon the property until the owner is ready to comrnense improvements, and then such material shall be placed within the property lines of the lot. No noxious or undesirable thing or use whatsoever shall be permitted on any lot. The Developers shall determine noxiousness or undesirability and its decision shall be concluuive on all parties. 3. No lot shall be subdivided and nc more than one singlo family dwelling unit, not to exceed two stor,tes, shall bo erected, placed or permitted to remain on any residential lot, and no structure of a temporary character, trailer, bus, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Mobile homes or manufactured homes not more than 36 months old, unless aQpcoved, are permitted provided tl~cy contain not less than 550 square feat of living area and aro unct:_rpinned and skirted with a material and by a method approved in writing I.iy Developers, thou successors and assigns. No deviations of any kind shall be allowed from this paragraph wlthout per- mission of Developers in ~triting. Mobiles must bo underpinned and skirted within 90 days from date mobile is placed on lot. 4, No residence shall be located on any lot nearer than 25 feet to the front line nor nearer than four (4) feet to the side or back lot line of any lot, and no outbuilding shall be constructed nearer than 40 feet to the front line nor nearer than four (4) feet to the side or back lot line. In the event of common ownership of. more than one lot and the construction of one building on more t}~an one lot, tho combined area owned shall be considcr~d as one lot for these purposes. 5. No residence of less than 55d square feet of living area, excluding porch area and garage shall be erected or constructed on any lot. 6. Buildings shall be neat in appearance, and no building or structure shall be constructed or placed on the premises that shall be considered detrimental to the development, wood exteriors shall be stained or painted with two coats of paint or stain and n.ll residences must be completed on the exterior within 120 days from the beginning date of construction. All house plans shall ba approved in writing by Developers, their successors or assigns, prior to construction or placement on lot. 7. All. structures shall be new construction using new material. No used material permitted. B. No outdoor toilet shall be erected, placed or permitted to remain on any lot. All indiv.i~l~~a). sewage disposal systems shall be located, con- structed, and equipl~~1 in accordance with standards and requirements which are substantially ~c{ual to or exceed the minimum requirements for such systems as recorm»ended by the STnTL•' fIEALTti D1;PARTMENT. 9. No sign shall be erected, placed or permitted to remain on any residential lot, except, however, a standard c•~:al estate for sale sign not to exceed sixteen (1G) inches by twenty-four (24) inches may be erected. 10. No animals, except household pets, shall be kept or maintained on any lot. 11. The owner of each lot shn?1 keep the same clean and free of weeds and debris such as will be in kec:pinq with the other property and the community at any particular time. Upan failure t~ do this, the Developers, or their successors or assigns, may have the lot gleaned and the cost or expense thereof shall be payable by owner of said lot to Developers or their successors or assigns. EXtlIBI't A Page 1 of 2 vQL 22(l PAr,E aa! 12. These covenants arL to ru„ with the land and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole c+r in part, except, however, they may Le changed, altered, amended or revokeu in whole or in part by action of tl,e Developers, 13. Enforcement of these covenants shall be a proceeding at law or in equity against a~~y person, or persons, violating or .~ltempting to violate any covenant, either to restrain violation or to recover danwges from the violations. lq, Inv:~lidation of any one of these covenants fey a judgment, or court order, shall in „o wise affect any of the otl,ur provisions or covenants, which shall remain in full force and effect. 15. The Grantors retain an easement six (6) feet wide along the perimeter of the lot to be used for purposes of utilities. EXEIIIIIT A Page 2 of 2 r~ o~ w a _ _ , w r, oc ~ ~Vj ~ > ~ ~ ~ U ~ m w ~) ` }~ Q w~ ~ Q~ J ~ ~ ~1a~ ~ i~ .~~~ N Uc Z ~ ~ Q 6 W N pWo W Q y ~ ~ v ~~ ffffff.... ~~~ ~ ~ ~ u 9 N K~ ~ ° a Z OG ~ H Q C ~ ~ ( CC 4 O ~ ~ C'1 N ~'c ~ ~ ~ ~ z e i Q .+. ~ z ~ ~ / ~ V ~ ~ ~ W ˘ ~ ~ Q O W; J _ ~ S . a ~ ~ as ~ ,t ~ a~ Z n w W < Y ~ p v, ~ fi p a J I'ilecl for recnrci ^,nril 23 ~ 1979 nt 3•$On'clnck I',!1. Pecordcu April 26; `FJ'7tJ"' - - li!C?If !'. !1UEVKER~ Clcrl: Hy ~ naputy