HomeMy WebLinkAbout07182013 ZBA DKT 2013-03City of West University Place
(@') APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ( "CITY ")
Address of site: 3756 University Boulevard, West University Place, Harris County, Texas
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Legal description of the site:
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Applicant: Houston Independent School District, West University Elementary School
Address: 4400 W. 18th Street, Houston, TX 77098
Contact: Willie Burroughs Phone: 713- 556 -9382 Fax: 713 -556 -9277 Email: wburroug@
houstonisd.org
Decision or Action Requested (check one or more and provide requested data):
Appeal. Hear and decide an appeal from an order, requirement, decision or determination made
by the Administrative Official.
• Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any
delay below:
• Exact zoning ordinance section(s) involved:
• Grounds for appeal:
(X) Special Exception.
• Exact zoning ordinance section that authorizes the special exception: Table 7 -1, Note 3
• Exact wording of special exception requested: Special exception to Section 7 -101, Note 3 of the Zoning Ordinance to allow
the placement of up to five temporary portable classroom buildings to the site.
( ) Variance.
• Exact zoning ordinance section from which a variance is requested:
• Exact wording of variance requested:
Other Data. Are there drawings or other data? ( )No (K)Yes(list items here and attach them)
1.) "West University Elementary School New Modular Classroom Building" site plan
2.) Enlarged detail of site plan for specific portable building location,
3.) Letter from West University Elementary School Principal John Threet establishing need for Special Exception
4.) Graph "West University Elementary School Enrollment, 2004 - 2013"
Attached. The applicant has read the State and City regulations attached.
Signature of applicant: 16, i. Date: May 16, 2013
For Staff Use only Date filed: D to heard: Docket #: 010/3 J0�
Form ZBA -102
John T. Threet, Principal
May 16, 2013
Ms. Debbie Scarcella, City Planner
City of West University Place
3800 University Boulevard
West University Place, TX 77005
Dear Ms. Scarcella,
ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION REQUEST
Address of building site:
3756 University Boulevard, West University Place, Harris County, Texas
Legal description of the building site:
Reserve A Block 1 West University Elementary School Subdivision
The purpose of this letter is to request a special exception to Table 7 -1, Note 3, of the Zoning Ordinance for the
placement of five temporary portable classroom buildings to our school site to for a period of five years. We currently
have three temporary portable classroom buildings on site.
Over the last seventeen years, our school has experienced significant student growth. In 1996, our student enrollment
stood at 867 students. For the upcoming 2013 -2014 school year, we are projecting an enrollment of 1,220 students
(see attached enrollment growth graph for 2004 - 2013). In 1996, 35% of our students attended West U Elementary on
a transfer. Next year, less than 5% of the children in our school will be transfer students (less than 50 students). Over
95% live within our school attendance zone.
Our Houston ISD demographer has predicted that our upward enrollment trend should level off in 2014 -2015. It is
significantly less expensive for the District to move two buildings at once rather than to bring in one building this
summer and an additional building in the summer of 2014.
Our enrollment has started to plateau in certain lower grade levels and has slightly decreased in others though not to
the point that we can close classes thus freeing up classrooms. Our burgeoning groups of children are now moving
into 4th and 5th grades. Additionally, we are not losing students to private schools in upper grades as we have in past
years. As a result, we will add a class to each of these grade levels for 2013 -2014. In future years, any buildings that
are not needed as a result of lowered enrollment will be removed from the site.
As a result of our school success and the success of our neighborhood middle schools, our community has made us the
elementary school of choice for the children who live here. In order to accommodate these children, we must have
additional temporary buildings or risk sending them to other HISD schools.
Thank you for the City's thoughtful consideration of our request.
Cordially, ,/
Oohn T. Threet, Principal
JTT /ac
attachments
Team HISD
Together We Can * Whatever It Takes * No Excuses
It is the policy of the Houston Independent School District not to discriminate on the basis of age, color, handicap or disability, ancestry, national
origin, marital status, race, religion, sex, veteran status, or political affiliation in its educational or employment programs and activities.
HOUSTON INDEPENDENT SCHOOL DISTRICT
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WEST UNIVERSITY ELEMENTARY SCHOOL
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Texas Education Agency Exemplary School, 2001 -2012
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Texas Business & Education Coalition Honor Roll School, 2006 -2011
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National Center for Educational Achievement Higher Performing School, 2007-2011
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Children At Risk, Top I% of Texas Public Elementary Schools, 2010, 2011, 2012, 2013
Children At Risk, Top 10 Schools, Greater Houston Area, 2011, 2012, 2013
•.. ..•
3756 UNIVERSITY BLVD. HOUSTON, TX 77005 -2898
TEL (713) 295 -5215 • FAX (713) 667 -8514
John T. Threet, Principal
May 16, 2013
Ms. Debbie Scarcella, City Planner
City of West University Place
3800 University Boulevard
West University Place, TX 77005
Dear Ms. Scarcella,
ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION REQUEST
Address of building site:
3756 University Boulevard, West University Place, Harris County, Texas
Legal description of the building site:
Reserve A Block 1 West University Elementary School Subdivision
The purpose of this letter is to request a special exception to Table 7 -1, Note 3, of the Zoning Ordinance for the
placement of five temporary portable classroom buildings to our school site to for a period of five years. We currently
have three temporary portable classroom buildings on site.
Over the last seventeen years, our school has experienced significant student growth. In 1996, our student enrollment
stood at 867 students. For the upcoming 2013 -2014 school year, we are projecting an enrollment of 1,220 students
(see attached enrollment growth graph for 2004 - 2013). In 1996, 35% of our students attended West U Elementary on
a transfer. Next year, less than 5% of the children in our school will be transfer students (less than 50 students). Over
95% live within our school attendance zone.
Our Houston ISD demographer has predicted that our upward enrollment trend should level off in 2014 -2015. It is
significantly less expensive for the District to move two buildings at once rather than to bring in one building this
summer and an additional building in the summer of 2014.
Our enrollment has started to plateau in certain lower grade levels and has slightly decreased in others though not to
the point that we can close classes thus freeing up classrooms. Our burgeoning groups of children are now moving
into 4th and 5th grades. Additionally, we are not losing students to private schools in upper grades as we have in past
years. As a result, we will add a class to each of these grade levels for 2013 -2014. In future years, any buildings that
are not needed as a result of lowered enrollment will be removed from the site.
As a result of our school success and the success of our neighborhood middle schools, our community has made us the
elementary school of choice for the children who live here. In order to accommodate these children, we must have
additional temporary buildings or risk sending them to other HISD schools.
Thank you for the City's thoughtful consideration of our request.
Cordially, ,/
Oohn T. Threet, Principal
JTT /ac
attachments
Team HISD
Together We Can * Whatever It Takes * No Excuses
It is the policy of the Houston Independent School District not to discriminate on the basis of age, color, handicap or disability, ancestry, national
origin, marital status, race, religion, sex, veteran status, or political affiliation in its educational or employment programs and activities.
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1 Harris and State of Texas, known, designated and described as follows, to -wit:
2 Lot No, four (4) Block No. Five (5) of Adam Clay No. 2, Revised Addition, an addition to the City
3 of Houston, Harris County, Texas, according to the plat thereof recorded in the Deed Records of
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4 Harris County, Texas, in Volume 554, page 21, to which reference is here made together with all
5 improvements thereon. To have and to hold the above described property,
6 premises and improvements, together with all and singular the rights, privileges and appurtenances •
7 thereto in anywise belonging unto the said Charles Edwin Morris Jr. and wife Bernice Lee Morris,
8 their heirs and assigns forever and I do hereby bind myself, my heirs, executors and
9 administrators to warrant and forever defend all and singular the said described property,
10 premises and improvements unto the said Charles Edwin Morrie Jr. and wife, Bernice Lee Morris,
11 their heirs and assigns against every person whomsoever lawfully claiming or to claim the same or
12 any part thereof. But it is expressly stipulated and agreed that the
1.3 vendor's lien is retained upon and against the above described property, premises and improvements
14 until the above described note, principal and interest, is fully and finally paid according to the
15 face, tenor, effect and reading thereof when this deed shall become absolute.
16 Providing, nevertheless, that the conveyance hereby made is subject to the restrictions,
17 covenants and conditions set out and contained in a deed from the Guardian Trust Company to J. T.
18 Brasher, dated October 19th, 1927 and to which reference is here made for all purposes. •
19 Witness my hand this the 16th day of November, A. D., 1927.
20 J. T. Brasher.
21 The State of Texas, County of Harris. Before me, the undersigned authority, a Notary Public,
22 in and for Harris County, Texas, on this day personally appeared J. T. Brasher, known to me to be
23 the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
24 executed the same for the purposes and consideration therein expressed. I
25 Given under my hand and seal,of office, this the 16th day of November, A. D., 1927.
26 Bryant P. Seay, Notary Public, in and for Harris County, Texas. (Seal).
27 F�iyleedo for record Nov.�2/6,1927 at 12:30 o'clock P.M.Recorded Deo.1,1927 at 4:10 o'clock P.M.
28 L Li�aLl / ✓OLf/l�d Clerk County Court,Harris County, Texas. By o ,e% Deputy.
29 -----------------•-----------------
30 No. 316612
31 W. D. Haden at al. To West University Place Independent
School District.
32 General Warranty Deed.
33 State of Texas, County of Harris. Know all men by these presents: That we,
34 W. D. Haden, of Galveston County, Texas, and D. T. Austin of Harris County, Texas, for and in consi-
35 deration of the sum of X1,695.55,_ cash to us in hand paid by West University Place Independent
36 School District, receipt whereof is hereby acknowledged, have granted, sold and conveyed, and
37 by,these presents do grant, sell and convey unto said West University Place Independent School
38 District, a corporation created by special act of the Legislature of the State of Texas, the
39 following described property, to -wit: A strip of land out of the A. C. Reynolds
40 Survey in Harris County, Texas, described by metes and bounds as follows:
41 Beginning at the Nortbeast corner of that certain Lot No. 15, in Block B of South Side Place
42 Second Addition to the City of Houston, being one of the lots conveyed by grantors herein to
43 the grantee by deed dated June 8, 1925, recorded in Volume 619, page 288, of the Deed Records of
44 Harris County, Texas; Thence in a Northerly direction with the prolongation with
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45 said Lot 15, 50 feet to a point for corner; Thence in a Westerly direction parallel to the
46 North line of said Block B and 50 feet therefrom 1064.4 feet to a point for corner, which point
47 is the intersection of this line with the West line of said Block B, extended in a Northerly
48 direction; Thence in a Southerly direction 50 feet to the Northwest corner of said Block B:
Clerk's Notes —Art. 4606
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Thence in an Easterly direction with_the North line of said Block.B. 1064.4 feet to-the place
of beginning. To have and to hold the above described property and premises, together
with all and singular the rights.and appurtenances thereinto in any wise belonging unto the
said West University Place Independent School District, its auccessors and assigns forever, and
we do by these presents bind ourselves, our heirs, executors and administrators to warrant and
forever defend all and singular said premises unto the said West University Place Independent
School District, its successors and assigns, against every person whomsoever. lawfully claiming
or to claim the same or any part thereof.
Witness our bands this 16th day of September, A. D., 1927.
W.D. Haden., D. T. Austin.
State of .Texas, County of Harris. Before me, the undersigned authority,, on this day personally
appeared,W. D..Aaden, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same .for the purposes and consideration
therein expressed. Given under my band and seal of office, this 16th day of September, A. D.,
i927• John H. Wynne, Notary Public, in and for Harris County, Texas. (Beal).
State of Texas, County of Harris. Before me, the undersigned authority, on this day
personally appeared D. T. Austin, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for. the purposes and
consideration therein expressed.
Given under my band and seal of office, this 16th day of September, A. D.,. 1927.
John H. Wynne, Notary Public, in and for Harrie.County, Texas. (Seal).
Filed for record Nov.26,1927 at 12:40 o'clock P..M:Recorded Dec-1,1927 at 4:30 o'clock P.M.
IC�XP/L7 �/dZIJ2�oP_ _ , Clerk County Court, Harris County,Texas.By, Deputy.
No. 316613
Wi D. Haden et al. To County of Harris.
Right -of -Way Deed.
State of Texas, County of Harris. Whereas, W. D. Haden of Galveston County,
Texas, and D. T. Austin of Harris County, Texas, have heretofore by three (3) separate deeds,
conveyed to West University Place Independent School District, a corporation created by
special act of the.Legislature of the State of Texas., a. tract of land three hundred (300) feet
wide by 1064.4 feet long, out of the A. C. Reynolds Survey in Harris County, Texas, the.first
deed describing the property thereby conveyed as Lots Seven (7) to Twenty -two (22) -both
inclusive, in Block B, in South Side Place Second Addition, and the second deed describing the
property thereby conveyed as Lots One (1) to Six (6) both inclusive, and Lots Twenty -three
(23) to Twenty -eight (29) both inclusive, in said Block B, of-South Side Place second Addition
and the third deed (which was executed after the plat of South Side Place Second.Addition was
cancelled) described the tract thereby conveyed as a tract fifty (50) feet wide by 1064.4 feet
long adjoining the two former tracts conveyed on the North; and,
Whereas, said W. D. Haden and D.T. Austin desire, to give said West University Place Independent
School District the benefit of a roadway along said three (3) tracts above referred to.
Now, therefore, know all men by these presents: That we, W. D. Haden and D. T. Austin, do
hereby convey to the County of Harrie, in the State of Texas, a roadway all around said three
(3) tracts, said roadway on the South to be one hundred (100) feet wide, on the East,.North and
West to be sixty (60) feet wide, said roadway to be a continuous roadway, the center line of
which, on the South is fifty (50J feet South of the West University Place Independent School
District Bite, and .tbe center line on the East, North and West to be thirty (30) feet from the
respective property lines of said West University Place Independent School District tract.
Clerk's Notes —Art. 4606
153
1.5.4
1 To have and to hold the above described roadways unto the County of Harris, its successors and
2 assigns, for road purposes forever. _
3 Witness our hands this 12th day of September, A. D., 1927. W. D. Haden, D.T.Austin.
4 State of Texas, County of Harris. Before me, the undersigned authority, on this day
5 personally appeared W. D. Haden, known to me to be the person whose..name is subscribed to the
6 foregoing instrument, and acknowledged to me that he executed the same for the purposes and •
7 consideration therein expressed.
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Given under my hand and Beal of office, this 12th day of September, A. D., 1927-
John H. Wynne, Notary Public, in and for Harris County, Texas: (Seal).
State of Texas, County of Harris. Before me, the undersigned authority, on this day
personally appeared D.T. Austin, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office, this 12th day of September, A. D., 1927-
John B. Wynne, Notary Public, in and for Harris County, Texas. (Seal).
Filed for record Nov.26,1927 at 12:40 o'clock P.M.Aecorded Dec.2,1927 at 3:55 o'clock P.M.
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✓6fU?2QPrr Clerk County Court,HarriB County,Texas.By o Deputy.
-------------------- : -------------------
No- 316883
L. J. Gashia at ux. To Wilhelm Carl Ruder.
General Warranty Deed.
•
State of Texas, County of Harris. Know all men by these presents; that we,
L. J. Gashia, of the County. of Harris, and State of Texas, and Laura Janet Gashia, his wife, of
the County of Harris and State of Texas, for the consideration hereinafter referred to, have
granted, sold and conveyed and by these presents do grant, sell and convey unto Wilhelm Carl
Ruder, of the County of Harris and State of Texas, all those certain lots or parcels of land,
lying and being situated in the County of. Barrie and State of Texas, described as follows, to -wit:
Being the South one -half of lot 5, and South one -half of lot 6, in Block 17, Houston City
Street Railway Addition No. 1, S. S. H.B. also known as Oakhurst to the City of Houston,
Harris County, Texas, according to the map and plat of said Addition on file in the office of
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the County Clerk of Harris County, Texas. To have and to hold the
above described property together with all and singular the rights and appurtenances thereto in
anywise belonging unto the said Wilhelm Carl Ruder, his heirs and aBBigns forever, and we do
hereby bind ourselves, our heirs, executors and administrators to warrant and forever defend, ell
and singular, the said premises unto the said Wilhelm Carl Ruder, his heirs and assigns against
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every person whomsoever lawfully claiming or to claim the same or any part thereof.
j
The consideration for this conveyance is as follows: The assumption and
promise to pay by the said Wilhelm.Carl Ruder, the` unpaid balance on that certain promissory note
for the principal sum of Two Thousand Seven Hundred Fifty ($2,750.00) Dollars, dated January 24,
1924, made executed and delivered by James E. Smith and wife, Rota A. Smith, of Houston, Harris
County, Texas, payable to the order of Dr. James G. Brooking, four years after its date, bearing
interest at the rate of eight per cent per annum, payable semi- annually, containing the
customary provisions for acceleration of maturity and attorney's fees, and being secured by a
deed of trust, covering the property above described, and being recorded in Volume 235, page 161
Mortgage Records of Harris County, Texas. The assumption and promise
to pay by the said Wilhelm Carl Ruder, of the unpaid balance on that certain promissory note for
the principal sum of One Thousand Six Hundred Eighty —fi4e Dollars ($1,665.00) dated January 24,
1924, made, executed and delivered by the said Wilhelm Carl Ruder, bearing interest at the rate of
Clerk's Notes --Art. 4600
1 acknowledged to me that he executed the same for the purposes and consideration. therein expressed.
2 Given under my hand and seal of office, this let day of June A D. 1925,
3 May Mitchell, Notary Public in and for Madison County Alabama. (Seal)
4 Filed for record June 11, 1925 at 11:25 O'clock A. M. Recorded June 13, 1925 at 8:30 o'clock A.M.
5 � � _� _ Clerk County Court, Harris County, Texas. By r , jinn �iF1� Deputy.
6 ------------------
7 No. 193260.
8 97. D. Haden, et al -To- West University Place Independent
School District.
Option.
10 State of Texas. County of Harris. 1{now all men by these presents: That we, W. D. Haden
L1 of Galveston. County, Texas, and D. T.Austin, of Harris County, Texas, in consideration of Ten
12, Dollars to us in hand, paid by West University Place Independent School District, a oor-
13 poration unco.rporated by special Aot of the Legislature of the State of Texas, and in consider -
14` at_on of the erection and maintenance of a school building upon property described in deed
15 from W D. Haden and D. T. Austin, to said School District, being adjacent to the property
16 herein described, do hereby give and grant unto the said West Universit. Place Independent
17 School District an option to purchase from us upon the terms hereinafter set forth the fol-
13 lowing described property, to -wit: Lots One (1) to Six (6) inclusive and Lots twenty three
19 (23) to twenty eight (28) inclusive, in Block "B" in South Side Place Second Addition, out
20 of the A. C.Reynolds Survey in Harris County, Texas; the option shall include the right to
21 purchase all or any part of above described property at any time within a period of twelve (12)
22 months from the date of this instrument, but if said option has not been exercised by said
23 School District within the period of twelve (12) months same shall then oease to exist and
24 no further rights may be exercised hereunder with reference to the purchase of said property,.
25 In the event said School District elects to avail itself of said option to purchase all or
26 any portion of said property the price to be paid therefor is twelve hundred and fifty (1250)
27 Dollars per acre, said acreage to include the area to the center of the.Street abutting the
28 property purchased under said option.
29 All of the conditions with reference to curb, gutter, etc and all other conditions setforth
30 in communication of May 25th 1925, to the Board of Trustees of IPest University Place
31 Independent School District, signed by Haden and Austin are retained in this instrument.
32 In consideration whereof witness our hands at Houston, Harris County, Texas , this 8 day of
33 June A. D. 1925.
34 W. D. Haden. D. T. Austin.
36; State of Texas. County of Harris: Before me, the undersined authority, on this ,day
36 personally appeared W. D.Haden and D. T Austin, both known to me to be the persons whose
37; names are subscribed to the fore,,oing instrument, and each acknowledged to me that he executed
38 the same for the purposes and consideration therein expressed.
39, Given under my hand and seal of office, this 8th day of June, A. D. 1925.
40 Tai. S. Clark, Notary Public, Harris County, Texas. (Seal.)
41 Filed for record June 11, 1925 at 11:30 O'clock A. M. Recorded June 13, 1925 at 8:45 O'clock A.M.
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42 Q g glerk County Court, IIarris County, Texas. By Deputy.
43
44 No. 198261.
46, D. T.Austin, et al. -To- West University Place
Independent School District.
46 ; Deed.
47 The State of Texas. County of Harris. lrnow all men by these presenter That we,
0.,, W. D. Haden, of Galveston County, Texas, Austin of Harris County, Texas, in
i.
Clerk's Notes —Art. 4606
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consideration of the awn of Ten (10,00) Dollars to as in hand .paid, by West University Place
Independent School District, a corporation incorporated by special act of tiie Legislature of
the State of Texas, and in consideration of the construction and maintenance of a school
building on the property hereinafter described, have granted, bargained, sold, and conveyed,
and by these presents do grant, bargain, sell and convey, unto the said West University
Place Independent School District the following described property for school purposes,
to -wit: hots Seven (7) to Twenty Two (22) inclusive, in Block "B" in
Southside Place, Second Addition, out of the A. C. Reynolds Survey, in Harris County,
Texas, according to map or plat of said addition recorded in Vol ..... pa e... of the Map
Records of Harris County, Texas.
Ancl we do hereby bind ourselves, our heirs, executors and administrators, to warrant and
forever defend the title to said property unto the said West University Place Independent
School District, its successors or assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof. It is understood and agreed that
the Trustees of said District will have constructed upon said above described property du -
ring the current calendar year, a brick school building, and failure to do so will cause
the title herein to revert to the grantors, their heirs or assigns .
It in understood that the above described property is conveyed for school purposes, and
should the same be abandoned for school purposes at any time within twenty five years frog;
the date of this instrument said property shall ,revert to the grantors, their heirs and
assigns: but if said school buildin,: shall be constructed on said premises, and maintained
thereon for a period of twenty five years, then this deed shall become absolute, and fee
simple title shall be vested in said West University Place Independent School District,
its successors and assigns, in and to said property:
To have and to hold each and all of the above described. property unto the said West University
Place Independent School District, its successors and assigns forever; subject however,
to each anri all of the conditions above set forth.
In consideration whereof, witness our hands this the e day of June A. D. 1925.
D. T. Austin. l7. D. Haden.
The State of Texas. County of Harris. Before me, the undersigned authority, on this
day personally appeared D. T. Austin, known to me to be the person whose name is subscribed
to the above and foregoing instrument of writing, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office at Houston, Texas, this e day of June A. D. 1925.
M.S. Clark, Notary Public, Harris County, Texas. (Seal)
The State of Texas. County of Harris. Before me, the undersigr_ed authority, on this day
pereo -,elly appeared W. D Haden, }mown to me to be the person whose narae is subsoribed to
the above and foregoing instrument of writirg, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed,.
Given under my hand. and seal of office at Houston, Te..as, this eth day of June A. D.1925.
Id. S. Clark, Notary Public, Harris Co. Tex. (Seal)
Piled for record June 11, 1925 at 11:50 O/ol,ock: A. 11. Recorded June 13, 19,15 at 9 :2o 0 1clock A.M
Clerk County Court, Harris County, Texas, By (P , jA"Ajj Deputy.
Sam Daderio, et ux.
The State of Texas
Clerk's Notes —Art. 4606
No. 198277.
-To- Gus Parmeson, .
General Warranty Deed.
County of Harris. men by these presents: That we,
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