HomeMy WebLinkAbout11202025 ZBA Agenda item 4 Lay of
West University Place Public Works Department
To: The Zoning Board of Adjustments
From: Chris Guess,Planning and Zoning Administrator
Date: November 20, 2025
Re: Staff Report for Docket 2025-00022, 6218 Auden Street.
Applicant's Request:
The applicant for Docket No. 2025-00022, concerning Lots 6, 7, 8, and 9, Block 19, College View Section 1;
Lot 9 and Tract 8A, Block 18, College View Section 3; and Tracts 15M and 16, Abstract 61, A.C. Reynolds
Survey (collectively referred to as CityRise Church / West U Baptist), has submitted an application to the
Zoning Board of Adjustment (the "ZBA") requesting a variance from the requirements of the City of West
University Place Code of Ordinances.
The requested variance seeks relief from Appendix A — Zoning Ordinance, Article 7A — Residential
District-Specific Regulations, Table 7A-2: Yards (Setbacks); Street Side Yard, to allow a zero-foot
street side yard setback to accommodate the construction of a drop-off lane and associated canopy
structure along the Milton Street property line.
Background Information:
The applicant seeks a variance from the required street side yard setback along the northern property
boundary to allow for the construction of a covered drop-off lane and canopy. Prior to filing the variance
request, the applicant met with the City's internal Development Review Team and submitted a conceptual
site layout for preliminary review.
City staff acknowledged the community-serving nature of the proposed improvements and the institutional
use of the property as a place of religious assembly. The Development Review Team evaluated the
conceptual plan and did not identify any technical or design concerns that would necessitate substantial
reconfiguration of the proposed layout.
As part of the application materials (attached to this report), the applicant provided a project narrative
describing the functional intent of the proposed improvement. The narrative explains that the drop-off lane
will be situated along Milton Street to facilitate safe, covered access to the sanctuary for senior members of
the congregation. The applicant further notes that the proposed configuration is expected to improve traffic
circulation associated with passenger drop-offs, accommodate off-loading and deliveries more efficiently,
and provide a designated area for members utilizing rideshare services.
Applicable Regulations:
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
of
West University Place Public Works Department
• Appendix A—Zoning Ordinance,Article 7A— Residential District-Specific Regulations, Table
7A-2: Yards (Setbacks); Street Side Yard
Table 7A-2:Yards General Rile:No part of any structure may be located within a part of a building site included within a yard defined,by District,in
or"setbacks") this table.("NIA'means the rule does not apply.)Exceptions/Special Riles:(1)Structures may be located in yards to the extent
allowed by the A'ojections Schedule.(2)See special rules noted in table.(3)SeeArticle 7Dfor rules governing planned
development districts.(4)Sae additional setbacks in the WEF Schedule.
Item Measurement SF(Single-Family) OBSOD(Old Building Site RCOD(Ritated Corner
Overlay District) Overlay District)
Front Yard Distance from the front street line. 20 feet if the building site depth is 110 feet or less;25 feet if the building site depth is more than 110 feet but not more than 125
feet;30 feet if the building site depth is more than 125 feet.See Note 4.
Interior Distance from the side property Greater of 10%of the building site width or 5feet.See Note 2.
side yard line(eachside).
Street side Distance from street side line. Greater of 10%of the building sitewidth or 5 feet.See Notes 2,3,5.
yard
Fear yard Distance from the rear property 20 ft.See Note 1.
line
SF Distance from the nearest part of N/A WA N/A
Bufferyard an SFDistrcit.
Staff Report:
Staff has reviewed the scope of the applicant's proposed improvements. The variance request pertains
exclusively to a zero-foot street side yard setback along the Milton Street (northern) property line of the
campus. The portion of the property subject to this variance request is Tract 15M, Abstract 61, A.C.
Reynolds Survey, and Lot 9, Block 18, College View Section 3, located along the southern boundary of
Milton Street, extending westward from the intersection of Milton Street and Auden Street for approximately
205 feet, encompassing the northern portion of the CityRise Church campus.
These parcels are designated as a"Building Site" under the City of West University Place Code of
Ordinances and have historically maintained this configuration in all applicable records.Notably, a portion
of the property is identified as an abstract rather than a platted lot, reflecting that the land has historically
been occupied and utilized as a single entity, without interruption from more recent land-use regulations.
The combination of historical property continuity and formal recognition as a Building Site ensures that the
property possesses all rights and privileges necessary to request a variance, develop in accordance with the
approved variance, and continue operation consistent with applicable ordinances.
Staff Recommendation:
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
West University Place Public Works Department
Staff has completed its review of the applicant's submittal and has no objections to the proposed
development. The proposed improvements do not necessitate any material reconfiguration of the submitted
design.
Staff notes for the record that implementation of the proposed drop-off lane and canopy will involve multiple
procedural steps. Specifically,the project will require:
1. Execution of an encroachment agreement prior to the issuance of any construction permits; and
2. Dedication of a sidewalk easement for the portion of the sidewalk located outside the public right-
of-way.
Subject to these conditions, staff has no objection to the proposed variance and submits this request to the
Zoning Board of Adjustment for consideration and action.
Consideration item:
The applicant requests a variance from the requirements of Appendix A—Zoning Ordinance, Article 7A—
Residential District-Specific Regulations, Table 7A-2: Yards (Setbacks); Street Side Yard, to permit a zero-
foot street side yard setback for approximately 205 feet for property (west if the intersection of Milton Street
and Auden Street) legally described as Tract 15M, Abstract 61, A.C. Reynolds Survey, and Lot 9, Block 18,
College View Section 3.
Variance Request:
The ZBA may not issue or modify a variance unless all of the following circumstances are present:
(1) The ZBA has made all findings and determinations required by state law for the granting of a
variance. A "special condition" or "hardship" that is self-created, personal or based only on financial
reasons is not sufficient to support the issuance of a variance.
(2) The ZBA has made any additional findings and determinations required by a specific provision of
this section which relates to the variance.
(3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or
required by this section for the variance in question.
Attachments:
1. Application
2. Project narrative (submitted by applicant)
3. Site plan (existing conditions)
4. Conceptual plan set
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830
4 V=�ST UMi4F f
O apt
City of West University Place
APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
TEXAS
Address of site: 6218 Auden Street, Houston, TX 77005
Legal description of the site: ots 6,7,8, and 9, Block 19 College View Sec 1; Lot 9 and Tact 8A, Block 18
College View Sec 3; Tracts 15M and 16 Abstract 61 AC Reynolds Survey
Applicant: s,ityRise Church West U Baptist
Address: b218 Auden Street, Houston, TX 77005
Contact: Liana Fairbanks Phone: 713-668-2319 Fax: Email:
liana.fairbanks@cityrise.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:
( )Special Exception.
• Exact zoning ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
(X)Variance.
• Exact zoning ordinance section from which a variance is requested:
esidential District-Spec tegulations, Table 7A-2:Yards (or setbacks)
• Exact wording of variance requested: i able 7A-2: Yards (or setbacks)
General Hu e. Nu part of airy structure [fray ue located within a part of a building site included within a yard defined, by
District, in this table, ("N/A" means the rule does not apply.) ITEM: Street Side Yard; MEASUREMENT: Distance from
the Street Side line (each side). SF tSINGIF-FAMII Yi- Greater of 10% of the Ruildino Site Width or 5 Feet.
Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them)
1. Written Narrative
2. Existing Overall Site Plan
3. Enlarged Proposed Site Plan
4. Sections and 3D Images
5. Existing Photos
6, Survey
7. Warranty Deeds
Attached.The applicant has read the State and City regulations attached.
Signature of applicant._- 4�`A ,I; Date:
For Staff Use only Date filed:lO J m ate heard: 1\b0I615\75 /CPCD
Form ZBA-102
MH PA
Zoning Board of Adjustment— November 20, 2025 Meeting
CityRise West University Baptist Church
6218 Auden Street
Project Narrative
CityRise West University Baptist Church is planning new additions and renovations for its campus. The
church's project team reviewed those plans at a Pre-Development meeting with Chuck Sandifer and
Chris Guess on September 25, 2025. As part of the future project,the church would like to create a
covered drop-off for Seniors along Milton Street similar to the existing Pre-School drop-off along
Amherst Street. In the church's new plan, Senior's meeting spaces will be located in a portion of the
building directly adjacent to the proposed drop-off. The planned drop-off would allow them safe,
covered, and convenient access to their space. This would be extremely important for older members
of the church who have limited mobility and move slowly. In addition,the drop-off will facilitate traffic
flow by providing a dedicated spot for off-loading, deliveries, and ridesharing.
To realize this project,the church requests a variance to provide a canopy that projects seven feet over
the church's property line along Milton Street. Although,the vertical supporting structure for the
canopy will be located on church property. Further,the plan would involve slightly rerouting the public
sidewalk onto the church's property adjacent to the drop-off.This would require an encroachment
agreement between the church and the city.
3900 Essex Lane Suite 200 Houston,Texas 77027 713.522.2885 mhparch.com
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.61 To
2440.00 Houston, Texas , Dece:.iber i 7 , 192g. iii
43
For value received, I , we , or either of us promise
to pay to the order of W. D. HADEN and D. T. AUSTIN, the sum of
TWENTY-FOUR HUNDRED AND FORTY AND NO/100 DOLLARS (82440.00) , with
s'!, interest thereon from date until maturity at the rate of seven per
icy cent. (7 ) per annum, interest payable semi-annually as it accrues,
,e both principal and interest being payable at Houston, Texas.
The principal on this note is payable in semi-annual
installments of not less than THREE HUNDRED FIVE AND Nn/100 DOLLARS
( 305.00) each, the first installment being payable six months after
the date hereof and a like installment being payable each six months
thereafter until the entire note is paid.
In the event default is made in the payment of any
installment of interest or any installment of the principal of
this note , as the same becomes due and payable, then the legal
4 holder hereof shall have the option, without demand or notice to
,� the makers to declare this note immediately due and payable , and
ll may thereupon foreclose the lien given to secure its payment .
Past due principal and interest on this note shall
bear interest from maturity of such principal or interest at the
rate of ten per cent. (101,) per annum. l4
iI
In the event default is made in the payment of this I
note, in whatever manner its maturity may be brought about , and it I .
is placed in the hands of an attorney for collection, or is collect- 1
ed through the Probate Court or the Bankruptcy Court , the makers ty
promise to pay as attorney 's fees to the holder hereof, an addition- '
al amount of ten per cent. (10t1) of the principal and interest due r,
on same at the time it is placed in the hands of said attorney for
collection.
Payment of this note is secured by a vendor ' s lien
and deed of trust lien against a tract of land fronting three
hundred and five ( 305) feet on Haden Avenue in West University Place
and extending back one hundred and fifty-five (155) feet for depth.
_ ,.
Y, . (, ) , ,, ,, ir,_ / , ,
i (// TRUSTEES OF .1D+ 'i.RSITY BAPTIST (3h CH
w" f
t
STATE OF TEXAS, Innw All Men bg tirtSPnts:
County of Harris
That the C. A. BRYAN CORPORATION, organized and existing under and by virtue of the laws
of the State of Texas, and domiciled at Houston, Harris County, Texas, acting herein by and
through its duly authorized officers, for and in consideration of the sum of....
70-0 DOLLARSy
( t) it c sh in and ai e!�, 4�_1`,t• - - .7_ 11
j'✓ . _ lr ry -�^ �+,?�� , the receipt of whi h is hereby acknowledged
and confessed;
HAS GRANTED, SOLD AND CONVEYED, and by these p ents DOES GRANT SELL
AND CONVEY, unto the said U
of the County of , and State of Texas, the following described
property, to-wit:
LSALf‘. .z_e„,t
/2=q1-(-(-t4 '8X"-'t4Y
t
L A - -t4-6-t-'1?: . 27
r7 ° ° - ✓ate .
___ �'--fl( tll ,X 7 -- o .- -�.P ,�..
, and being a part of the A. C. Reynolds
Survey, Abstract Number 61, '
.Pogo._.,__ ...... .... ... Records of Harris County, Texas, which is here re-
ferred to and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rigi ` and appurtenances hereto in anywise belo Bing, unto the said-(/
, heipa and assigns forever; and the said C. A.
BRYA CORPORATION does hereby bind itself, its successors and assigns, to WARRANT AND
FO EVER DEFEND l and singular the said premises unto the said__ L
DEFEND
,lildeirs and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof.
The following covenants and conditions are made a part of this conveyance:
1. The grantee herein, �= and assigns, shall not not sell, convey, transfer, or
lease, rent or devise any portion of the hereinabove described property, premises, or improve-
ments to be placed thereon to any person or persons except of the Caucasian race.
2. No spiritous, vinous or malt liquors or medicated bitters capable of producing intox-
ication shall ever be manufactured on, or offered for sale in, or on, or about the hereinabove de-
scribed property, premises, and improvements, or any part thereof, and no portion or all of the
hereinabove described property, premises, and improvements shall be used for any business or com-
mercial pur se of any kind or character.
3. No •eihall be erected or constr cted upon the hereinabove described property and
premises of an actual value of Jess than
DOLLARS ($.. ).
6X.,0 y--(4_}-(71 ,- C7_0,--, - /---6---Y'
-t74- 7L--7— 1;4- -6-e ,c7 Ztt-,_ -
(--t-t- 1 -I-, tit , LL-( -1 -e<27-Louet" k --e- - -e,
0----ba7 ' 0_,Lc.„ ,
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'c- -(--/ . , -62 /2-„, ,___„ ,,,,_,( ,__
_i_ ._,,,,,
Iturcrtiti--(tZva- _-Y p----,&: oc,-,
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bu--R--- --„,e9 .,-,,,,
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4. No residence or other improvements of any character shall be erected or constructed upon
the hereinabove described property and premises nearer than twenty feet to the front property line
of said lot upon which said improvements are to be erected; the open porch, however, may project
into said twenty feet.
The grantee herein accepts the conveyance subject to the restrictions and condaons herei -
above set forth, which it is at reed shall be covenants runnin with the land, and...
,i aes and assigns, covenant to and
with the grantor, its successors and assigns, that----4 �n/1.✓L --fir`' "A _hCi:a a�. Id ass g s,a
observe and perform said restrictions and conditions, and should the grantee herein, --
GAi'pis; at any time fail to comply with•any or all of the fo�;,egoing provisions, the'graiiitLT ner`ein,
its successors and assigns, or any owner of property in the - ' ' `'— ' - Addition,
may, by instituting suit, enforce a compliance therewith, or restrain the further violation thereof,
or said land shall revert to the grantor herein, its successors and assigns, should it or they so elect;
provided, that in the event,the grantor, its successors or assigns, should elect to recover the title to
the said property because of any such violation of any or all of the foregoing provisions, it or they
shall give notice of such election by instituting suit therefor within six months of the time of such
breach of any or all of the foregoing provisions, and any re-entry by reason of such breach shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value
as to the said land or any improvements thereon.
Jtt Thittu'SS 3lkPrPnf, the C. A. BRYAN CORPORATION has caused these presents to be
signed by its — President, and its common seal hereunto affixed this... -6' day of
4. 192 1'4
ATTEST: By
President.
Secretary. s►
THE STATE OF TEXAS,
COUNTY OF RABBIS. Before me, the undersigned authority, on this
day personally appeared _�t../ �� .. Cs..r+. , President of the C. A. BRYAN
CORPORATION, known to me to be the person whas'e name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, as the act and deed of said Corporation, and ie capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the e2d day of. .�in4l�r.G!
A. D. 192.,1C'-'...
Notary Public in and for Harris County, Texas.
THE STATE OF TEXAS, I ALBERT TOWNSEND, Clerk of the County Court of Harris County,
County of Harris
Texas, do hereby certify that the within instrument with its certificate of authentication was filed for
registration in my office Jan._. 29 _...__ . _ 192.9 at_-11.30.o'clock.__g+ M., and duly
recorded on Jan_• 31 192__9_, at-1.45..-.o'clock _---..._.P_.M., in Vol.____-781__-___-
Page...---_ ._ 601 of record gif. .__ Deeds for said County.
WITNESS my hand and seal of office, at Houston, the day and date last above written.
ALBERT TOWNSEND,
Clerk County Court of Harris County, Texas
'veg0'3 5m-1-29 By Deputy
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STATE OF TEXAS
COUNTY OF HARRIS .
I{YO7. ALL MEN BY TE7SE PRESENTS: That we , W. D.
-i
HADEN of Galveston County, Texas, and D. T. AUSTITT, of
Harris County, Texas, for and in consirer:=.' i ,s- -f +he full
complete and final payment of that one (1 ) certain oronis-
sory purchase money note for 12440.00, executed by George
Lee, T. J. Wofford, G. P. Tully, J. A. Letcalf, Clyde
Kleckly and R. D. Allen, TRUSTIES of ILTIVERSITY BAPTIST
} CHURCH, which note was riven in part payment of the our-
chase price for 1.295 acres of land , more or less, situated
in West University Place in Harris County, Texas , as is
t
more fully shown 'ay deed from 7. D. Haden and D. "'. Austin
to George Lee , ct al, Trustees of University Baptist Church,
dated December 1 , 1928, recorded in Volume 784, Page 185
of the Deed Records of Farris Gounty,, Texas, do hereby r,
lease said property from the vendor 's 'lien retained in said
deed, as also from the deed of trust to A. H. Fulbright ,
Trustee, liven as additional security for the payment of
said note , and do hereby declare said note fully paid and
the liens against the above described property securing the
payment thereof fully released and extinguished.
WITNESS our hands on this the , •day of January,
A.D. 1929.
g/t.g4;Wz2 ,,,„
„ Ae r- ,,,,,e,s- -
STATE OF TEXAS : „ K
COUNTY OF HA'„CIS
BEFORE LIE, the undersigned authority, on this
day personally appeared HADEN and D. T. AUSTIN, known
to me to be the persons i hose napes are subscribed to pile
_'orecoing instrument, and a.cknorledged to me that they executed
the sa:he for the purposes and consideration therein expressed .
GIVEN under my ne.iid and seal of office on this
ir the --
ay of January, A. D. 1929. / ` 7
Notary Public in an for
Harris County, Texas.
r .
'` c : a - .«
THE STATE OF TEXAS,
County of Harris I. ALBERT TOWNSEND, Clerk of the County Court of Harris County,
Texas, do hereby certify that the within instrument with its certificate of authentication was filed for
registration in my office _ Jan. 29.______ 192 9 , at11.30 o'clock A._.M., and duly
recorded on Jan. 31 192 9 , at 12.0°o'clock — M., in Vol... 781
Page 601 of record of Deeds for said County.
WITNESS my hand and seal of office, at Houston, the day and date last above written.
ALBERT TOWNSEND,
Clerk County Court of Harris County, Texas
44390.3 5m-1-29 By Deputy
•
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•
01111M/P10.1011•••••••MIMm,
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DEED OF TRUST
STATE OF TEXAS, Ii THAT: George Lee, T. J. Wofford,
COUNTY OF HARRIS. ) G. P. Tully, J. A. letcalf,
Clyde Kleckly and R.B.Allen,
ltnow Ali[ (H)en 113p Ubese [presents: T-RUs-TEE$___OF
.UNiStERSST.Y_-BAPTIBT-..CRURCD< of Burris County, Texas
being justly indebted to Ili..-.-D-.---- iADE T---and D.--_-T-,_----AUST I1Q
in the sum of TWENTY-FOUR HUNDRED AND FORTY AND NO/100
($_2440.-00 ) Dollars, as is evidenced by their...one....(-1)...-p-r-omi.scry--.-purchase
-coney note for $2440,00,
of even date herewith, payable to the order of W.----D, HADEN---and D, T, AUSTIN,
bearing interest from date
o at the rate of 7 per cent. per annum, interest pay-
able semi-annually , with interest on past due principal and interest, if any, at the rate of
10 per cent. per annum, and both principal and interest payable at HQ11$:-4I1 ---T-?xcl.s ,
any---in stal lment----o-f
-$n..id note providing, in effect, that if default should be made in the payment of he principal or any install-
ment of interest, the holder of it, or of any of the other notes of the series, shall have the option to declare the note or
notes held by him at once due and payable; and said note providing that if it is not paid at maturity, in whatever
way its maturity may come about, and it is placed in the hands of an attorney for collection, or is collected through
the probate or bankruptcy court, the maker2..thereof shall pay ten per cent. additional of the principal and interest
then due thereon as attorney's fees, the note...- becoming due-...i.n.-_Seuli-annual-.-ixl.atallment-s-..of---not
less than 4305.0 each, the firs installment being payable six months
from the date hereofand a like installment being payable each six
-manth-s---there-s;ft-e-r---anti-Z_--t-ne----entire-_-notes---i-s---paict i n---fali-.
I said note...- being hereinafter referred to as "indebtedness"), the payment of which indebtedness, according to the
tenor and effect thereof George Jee,T,J,Wofford,G,p,,Tully,J.A.Metcalf,Clyde Kleckly,
and R.B.Allen,Trustees of University Baptist Church?
desire--., to assure and secure to the said W. D. HADEN and D. T. AUSTIN,
or their assigns;
1tt Conelaeratlon thereof, and for the purposes and trusts hereinafter set forth and declared, and also
in consideration of Five ($5.00) Dollars to US in hand paid, the receipt whereof is hereby acknowledged- we,
Qeptirge LLee,T J. Wofford, G P. Tully:- -- A Metcalf, g1yde Kleckly and
X.14. Allen, T ru e,es 'of'University- baptist'Char ,
(hereinafter called "grantors," whether-one or-mere)- ave granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell and convey unto A. H, FULBRIGHT:
Trustee, of the County of Harris , in the State of Texas, the following described
property: Lying and being situate in the County of Haxrj,a State of Texas,
and more particularly described as follows, to wit:
1.295 Acres of land, more or less, situated within
the corporate limits of West University Place in Harris County, Texas,
Beginning at a point on the West line of Haden
Avenue seventy-five (75) feet North of the center line of West Uni-
versity Boulevard;
Thence North with the West line of Haden Avenue
Three hundred five (305) feet to a point for corner, which point is
the intersection of the West line of Haden Avenue , with the cent9r of
a proposed street:
Thence West one hundred fifty-five (155) feet to a
point for corner;
Thence south three hundred five (305) feet to a
point for corner;
Thence East one hundred fifty-five (155) feet to the
place pf beginning.
r
•
together with all improvements now on, or hereafter placed on said property, as well as betterments and additions
thereto, and all and singular thetrights,privileges, tenements, hereditaments, appurtenances, rents, profits and income
thereunto or in any wise incident or belonging; and grantors do by these presents bind themselves, their heirs, execu-
tors and administrators to warrant and forever defend, all and singular the said premises unto the said
.A......>t.....FULBAIGHT , Trustee, his successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
This conveyance, however, is intended as a trust; and is made for and upon the following trusts, terms and
conditions, to wit: In the event grantors shall well and truly pay the said indebtedness and interest due thereon
to the legal holder thereof, when the same shall become due, then this deed of trust and all herein contained to be
null and void, and shall be released at grantors' cost and expense;
But in case of default in the punctual payment of said indebtedness, when same shall become due and payable,
in whatever way its maturity may be brought about, it shall thereupon, or at any time thereafter, the same remaining
unpaid, be the duty of the said. A.._._H,..-.EU.LBRIQHT , Trustee, or of his
successor, as hereinafter provided, at the request of the legal holder of said indebtedness (which request shall be pre-
sumed) to enforce this trust, and to sell, as an entirety or in parcels, as the Trustee acting may elect (all rights to a
marshaling of grantors' assets, including the hereinbefore described property,being,for them,their heirs and assigns,
expressly and specifically hereby waived) the hereinbefore described property,at the court house door of
..HS.r11S County, Texas, on the first Tuesday in any month, between the hours of 10
o'clock a. in. and 4 o'clock p. m.,, to the highest bidder, for cash, at public auction, first giving at least twenty-one
days'notice of the time,.place and terms of.sale,.by publicly advertising the same, by posting up, or causing to be
posted up, written or printed notices thereof, at three public places in said county, selected by the Trustee acting, or
by a person chosen by him, one of which public places shall be at the door of the court house of said county, for at
least twenty-one days successively next before the day of sale, and to make due conveyance to the purchaser or pur-
chasers, with general warranty, and the title to such purchaser or purchasers, when so made by said Trustee, grantors
bind themselves, their heirs, executors and administrators to warrant and forever defend. With the proceeds arising
from such sale, the Trustee shall first pay all expenses of advertising, sale and conveyance, including a commission of
five per cent. to the Trustee acting, and shall then pay the full amount of principal and interest due and unpaid upon
said indebtedness, together with other sums secured by this instrument to the holder of said indebtedness, and the
remaining balance, if any, shall pay over to grantors, their heirs or assigns.
The Trustee may be removed at any time by an instrument in writing under the hands of the holders of a
majority in amount of said indebtedness then outstanding.
In case of the removal of the Trustee as herein provided, or of the absence from the State, death, inability, re-
fusal or failure of the Trustee herein named to act, a successor and substitute may be named, constituted and appointed
by the holders of a majority in amount of said indebtedness, without other formality than an appointment and des-
ignation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all said premises, and
he shall thereupon hold, possess and execute all the title, powers and duties herein conferred on said Trustee named,
and his conveyance to the purchaser shall be equally valid and effective; and such right to appoint a successor or
substitute Trustee shall exist as often and whenever, from any of said causes, any trustee, original or substitute,
cannot or will not act. It is expressly provided that the recitals in the conveyance made to the purchaser by the trustee
or any substitute trustee shall be full evidence of the matters therein stated, and no other proof shall be requisite of
request by the holder of said indebtedness on the Trustee to enforce this trust; or of the advertisement or sale, or any
particulars thereof, or of the removal, absence, death, inability,refusal or failure of the Trustee, or substitute Trustee,
to act, or of the appointment of a substitute Trustee, as herein provided, or of the contingencies which brought about
the failure or inability of the Trustee to act; and all prerequisites to said sale shall be presumed to have been per-
formed; and the sale made under the powers herein granted shall be a perpetual bar'against grantors, their heirs and
assigns. The legal owner of said indebtedness shall have equal right to become the purchaser at such sale, being the
highest bidder.
Grantors further agree to have the improvements on the property hereby conveyed insured against loss or
damage by lire in some good and solvent insurance company or companies, authorized to do business in Texas, and
approved by the holder of the indebtedness, for not less than $ , and against loss or damage by
storm for not less than S , such insurance to he payable, in the event of loss or damage, by the
terms of the policy, to the holders of said indebtedness as their interest may appear, and to deliver the policy or pol-
icies, and all renewals thereof. as'soon'as written, to such holders; and grantors agree to continue said insurance until
all of said indebtedness has been fully paid; and in the event grantors fail to take out such insurance, or to continue
the same as herein provided, then the legal holder of said indebtedness shall have the option either to declare the
indebtedness held by him due and payable. and without demand upon, or notice to grantors, to foreclose the lien of this
deed of trust by Trustee's sale or otherwise, or to procure said insurance, and add the premium paid for same to
the face of the indebtedness. and the amount so added shall thereafter be as much a part of said indebtedness, and be
as fully secured by this deed of trust as if said indebtedness had been drawn originally for the increased amount. The
amount and nature of the expense in procuring said insurance and the time when incurred shall be fully established
by the affidavit of the holder of said indebtedness, or of his agent or by the certificate of any Trustee acting hereunder.
It is further agreed that if the improvements on said premises shall be wholly or partially destroyed by fire,
the holder of said indebtedness shall have the right to collect, receive and receipt, in grantors' name or otherwise, for
any and all moneys that may become payable and collectible upon any of such policies of insurance by reason of
damage to, or destruction of, said improvements, or any of them, and apply the same, or so much thereof as is neces-
sary, less the reasonable expense in collecting same, as a credit on said indebtedness, notwithstanding said indebted-
ness may not be due according to the terms of said indebtedness. The holder of said indebtedness at his option may
use the proceeds of such insurance towards the rebuilding and restoration of the improvements destroyed or damaged.
Grantors further agree to keep all taxes of every kind and character assessed against the property herein con-
veyed, and other assessments, fully paid as, and when, the same shall become due, and in the event grantors fail so
to do, and suit should be filed against said property for collection of such taxes, then the legal holder of said indebt-
edness shall have the option either to declare said indebtedness due and payable, and without demand upon, or notice
to grantors, to foreclose the lien of this deed of trust by Trustee's sale or otherwise, or to pay said taxes and costs, if
any, and add the amount so paid to the face of the indebtedness and the amount so added shall thereafter be as much
a part of said indebtedness and be as fully secured by this deed of trust as if said indebtedness had been drawn originally
for the increased amount. The amount and nature of such expense,and time when incurred,shall be held fully estab-
lished by the affidavit of the holder of said indebtedness, or of his agent or by the certificate of any Trustee acting
4 ,hereil adcr...,.
Grantors further agree to keep and maintain the buildings and improvements on said land in a good state of repair
and will not suffer or permit same or any part thereof to be torn down or removed from said premises without con-
sent of holder of said indebtedness, and should grantors fail to keep and perform this covenant or agreement or should
it be discovered after the execution and delivery of this instrument that there is a defect in grantors' title, or that there
is a lien or incumbrance of any nature whatsoever on said land equal or superior in rank to, the lien of this instru-
ment, or if a homestead claim is set up to same or any part thereof adverse to this trust, and grantors shall fail for
fifteen days after demand of the holder of said indebtedness, to correct such defects in such title or perfect the same,
or remove said lien or incumbrance, or homestead claim, or should grantors become insolvent or bankrupt or a
receiver of grantors' property be appointed, then upon any such default, failure or contingency, the legal holder of
said indebtedness shall have the option to declare the indebtedness at once due and payable, and may immediately,
without demand upon, or notice to grantors, foreclose the lien of this deed of trust by Trustee's sale or otherwise.
a.a.l co,'..uullt that th1, t,avt.Iclir llzl Cif l.vura.Jca tv aalll T1 unL1.G f 1. 11O }MA Of any piujierty
-
e
It is expressly agreed that if said indebtedness is not paid at maturity, in whatever way its maturity may be
brought about, it shall be lawful for the Trustee to enter into and upon the property herein conveyed, and to receive
and collect all rents or other income therefrom, and apply so much thereof as he may collect, prior to the date such
premises are sold under foreclosure, less the reasonable cost of collecting the same, as a credit upon the indebtedness
secured hereby.
It is further agreed that any extension or extensions may be made of the time of payment of all or any part or
parts of the indebtedness secured hereby, or any part of the security herein described may be released without in
anywise altering, varying or diminishing the force, effect, or lien of this instrument, or of the renewal or extension of
it, and that this instrument shall continue as a first lien on all said lands and premises not expressly released, until
all sums, with interest and charges, hereby secured, are fully paid.
It is expressly agreed that no other security now existing or hereafter taken to secure the payment of said indebt-
edness shall be in any manner impaired or affected by the execution of this instrument; and that no security subse-
quently taken by any holder of said indebtedness shall in any manner impair or affect the security given by this instru-
ment; and that all security for the payment of said indebtedness shall be taken, considered and held as cumulative, and
that the taking of additional security shall at no time release or impair any security by indorsement or otherwise pre-
viously[ givenn for the payment of said indebtedness.7 ]�� 1 �L 7
�5heu IIilS 7 of trust III ,....aCW b, V14y urm Fmrzurr 1t s+ns+l b uurrIIrr.1 as huh- h 'ba ail tin�7 �cic �latt�..1
1 Sf,'1 a11tua," a11, Vr.rit J In the. laslla'll..z TLav elserrgrd tb L,Jr ..DTP Tfla aZlrl fyfl arcr r7 01 the iva0,..1-111 eVli 41, 1v1f1.1 el,CI
The indebtedness above described and secured hereby is the same
indebtedness described in deed of even date herewith from W. D. Haden
and D. T. Austin, to the grantors herein, and this deed of trust is
given as additional security and as an additional remedy to enforce
the payment of said indebtedness.
Zer
1tn testimony of all which, witness o.uX hand..S...this the / 7 day of
December . A A. .t 1.9x...8.... 110
•
� r
TRUSTEES 0 U ERSITY BAPTIST CHURCH{
STATE OF TEXAS
COUNTY OF HARRIS '
Before me , a Notary Public in and for.. .Ea,rx.iS County, State of Texas... .. ,
on this day personally appeared Ge..OT€;C.. LCe., T. J.. Wafford4 G...P.. Tully..,._.J...A......M.e.tcal.f.,..-
Clyde Kleckly and R. B. Allen, TRUSTEES OF UNIVERSITY BAPTIST CHURCH,
known to me to he the person....a.whose name S are subscribed to the foregoing instrument, and thhe``y.._
acknowledged to me that theY...executed the same for the Dees an 'derat•ipd'\therein expressed. /h.
GIVEN under my hand and seal of office at f/ '� this /7 day of
/
December, , A. D. 19 2S
Notary Public in and for.....Ha.rr.1.8 County,..'/ t'xas.
. /'
COUNTY OF S
Before me , Notary Public in and for County, State of
on this day personally appeared wife of
known to me to be the person whose name is subscribed to the foregoing instrument, and having been exami,•d by me privily
and apart from her husband, and having the same fully explained to her, she, the said P
acknowledged such instrument to be her act and deed and declared that she had willingly signed the .ame for the purposes and
consideration therein expressed, and that she did not wish to retract it.
GIVEN under my hand and seal of office at , this day of
, A. D. 19
Notary Pub in and for County,
STATE OF
COUNTY OF
Before me, the undersigned authority, on this day pens• ally appeared ,
who being by me duly sworn, depose........and say •
1. That are the identical pers. who executed the foregoing deed of trust.
2. That no part of the property describe in said deed of trust is either residence or business homestead;
that not reside on said pro•:rty or any part thereof and never resided upon said property or any
part thereof; that ha n, ntention of making it residence or business homestead in the future; and
that ha. a resident: and business homestead, to-wit:
3. That this affidavit s made by knowing that it is in reliance upon the truth of the statements contained in
it that the loan secured • • the foregoing (bed of trust is made and that but for such representations on the part of
such loan would not be made.
SI.. n to and subscribed before me, the undersigned authority, on this the day of , A. D. 19
Nota ,, , ,,
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I
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL `MEN BY THESE PRESENTS: That we, W. D.
HADEN of Galveston County, Texas, and D. T. AUSTIN of Har-
ris County, Texas , for and in consideration of the sum of
2590.00 cash to us in hand paid and to be paid as herein-
after stated by George Lee, T. J. Wofford, G. P. Tully, J.
A. Metcalf, Clyde Kieckly and R. B. Allen, Trustees of
UNIVERSITY BAPTIST CHURCH, have granted, sold and conveyed,
and by these presents do grant , sell and convey unto the
said George Lee, T. J. Wofford, G. P. Tully, J. A. Metcalf,
Clyde Kieckly and R. B. Allen, all of Harris County, Texas,
in their official capacity as Trustees of UNIVERSITY BAP-
TIST CHURCH, the following described property, to-wit:
1. 295 Acres of land , more or less,
situated within the corporate limits of
West University Place in Harris County,
Texas, beginning at a point on the West
line of Haden Avenue seventy-five ( 75)
feet North of the center line of West
University Boulevard;
Thence North with the West line of
Haden Avenue three hundred five (305) ;feet
to a point for corner, which point is the
intersection of the West line of Haden
Avenue , with the center of a proposed
street;
Thence West one hundred fifty-five
(155) feet to a point for corner;
Thence South three hundred five (305)
feet to a point for corner;
Thence East one hundred fifty-five (155)
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 thereto in any wise belonging unto the said
George Lee, T. J. Wofford, G. P. Tully, J.A. Metcalf, Clyde
Kieckly and R. B. Allen, Trustees of UNIVERSITY BAPTIST
CHURCH, their successors and assigns forever, and we do by
these presents bind ourselves , our heirs, executors and
administrators to warrant and forever defend all and
singular the said premises unto the said George Lee, T. J.
7offord, G. P. Tully, J. A. Metcalf, Clyde Kleckly and R.
B. Allen, Trustees of UNIVERSITY BAPTIST CHURCH, their
successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
Of the consideration above recited , the sum of
150.00 has been paid in cash, receipt of which payment
is hereby acknowledged. The balance of the consideration,
amounting to $24[0.00, is to be paid as evidenced by the
one (1) promissory purchase money note of the grantees of
even date herewith, for $2440.00, bearing interest from its
date until maturity at the rate of 7% per annum, interest
payable semi-annually, with interest on past due principal
and interest , if any, at the rate of 10% per annum, and
said note containing the usual accelerating maturity and
10% attorney 's fees clauses, the principal on said note
being payable in semi-annual installments of not less than
$305.00 each, the first installment being payable six (6)
months after the date hereof and a like installment being
payable each six ( 6) months thereafter until the entire
note is paid.
The vendor 's lien is herein retained against
the above described property and premises until the above
described note is paid in full according to its face , tenor,
effect and reading when this deed shall become absolute.
Payment of said note is further secured by deed of trust of
even date herewith to A. H. Fulbright , Trustee.
WITNESS our hands on this the /J% --day of
December, A. D. 192g.
-2-
•
STATE OF TEXAS •
•
COUNTY OF 4314blitSTON
BEFORE ME, the undersigned authority, on this
day personally ap^eared W. D. HADEN, known to me to be
the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this
the /r7/ -day of December, A. D. 192g.
Notary Public in ana for
Harris County, Texas.
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 in-
strument , and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this
the Jay of December, A. D. 1928.
Notary Public in and for
Harris County, Texas.
THE STATE OF TEXAS, t
COUNTY OF HARRIS I, ALBERT TOWNSEND, Clerk of the County Court of Harris County,
Texas, do hereby certify that the within instrument with its certificate of authentication was filed for registra-
tion in my office on. Dec. 21
192__8.at_1i55_o'clock P M., and duly recorded
Dec.29 i
on. ., 192 �, at P 10 o'clock A M., in Vol.. 7$4
Page 185 of record of. Deeds
for said County.
WITNESS my hand and seal of office, at Houston, the day and date last above written.
ALBERT TOWNSEND
Clerk County Court, Harris (County, Texas.
�w35M-3-2s By
Deputy
';..1`-- II
• E-5762T.W.—DEED OF TRUST—With Tax and Insurance Clause. c�ke a coals.,Galveston and n�;.. 1
THE STATE OF TEXAS ?�
�tiniu All Bien .hg tI ese resents
County of_ hzaxr-i.s I
1 VIat, Sriea t Jniiversity Baptist Church, a corporation duly* organized
and existing under the Laws of the State of Texas, acting; by and
I' through its President, E. G. King, under corporate resolution duly
adopted authorizing him so to do,
of the County of Harris and State of Texas, for and in consideration of 1
the sum of Ten and 00/100 ... DOLLARS
to ;1.0 in hand paid by Chas• A• Wood of Harris County, Texaa.
11 and in further consideration of the debt and trust hereinafter mentioned, have Granted, Sold and Conveyed, and by these presents
do Grant,Sell and Convey unto the said C h2.s. A. Viood Trustee,and to
ti
his successor and substitute in this trust,and to his and their assigns forever,all and singular,the following described property,situated,
lying and being in the County of Harris and State of Texas, viz:
11
A parcel of land out of the West 155 feet strip of the Haden and
Austin 103 acre tract and situated withi± the corporate limits of the
City of West University Place, Harris County, Texas; said tract being
more particularly described as follows :
BEGINNING at a point on the Uest line of the Haden and Austin 103
acre tract, said point being the Southwest corner of a tract previously
conveyed to the City of West University Place, said point being also
the northwest corner of the tract herein described;
T:L.iiTCE, Easterly along the Sout1, line of the tract previously con—
veyed to 11e Ci t'rr of West University Place; a distance of 155 feet to
a point in the !test lfhne of Auden Street; said point being also the
Northeast corner of the tract herein described;
; THENCE, Southerly along the Vest line of Auden a distance of 111.1
feet to a point in said West line of Auden Street; said point being al—
so the Southeast corner of the tract herein described;
TITPINCE, Westerly and parallel with the North line of this tract
a distance of 155 feet to a point in the West line of the Haden and
Austin 103 acre tract, said point being also the Southwest ctbrner of thy ,
tract herein described;
TINGE, Northerly along the said West line of Haden a nd Austin 103
acre tract a distance of 111.1 to the place of BEGINNING.
•
I
ti
o
TO HAVE AND TO HOLD The herein described premises,together with all and singular the rights and appurtenances thereto
II i;
in anywise belonging unto the said C' a s. A. Wood Trustee, to his it
1
successor or substitute in this trust, and to his and their assigns forever.
t `assigns and successors
And I t do hereby bind itself, its xli :r rics & " -Wto
i! warrant and forever defend, all and singular, the said premises unto the said C h.a s. A. Wood Trustee,
lito his successor.or substitute, and to his and their assigns forever, against any person whomsoever lawfully claiming or to claim the
same or any part thereof; IN TRUST, however, for the following purposes and upon the following conditions, viz: j{
II
#i
If the said :Jest -University I3 ,pti s t Churcl} shall well and truly
pay off and discharge, at the maturity thereof, according to the tenor and effect thereof that one certain
I
P
promissory note made by it payable
i
to the order of '.::. D. Haden and D. T. Austin_ and i)
described as follows:
Deinp in the principal sum of SE7EN HUNDRED (000.00) DOLLARS,
bearing interest at the rate of 5 j per annum, interest payable semi-
il
annually and the pr1.nci5a1 thereof being nairabl.e i.r. 6 semi.-annlioi in-
stallments, the first of such insta.11mentt bein'- in the sum of ,¢120.00
' and due on or before June 24, 1941; the second of such installments be- '
:l.nF in the sum of ' 11G.00 and due or or before December 2A, 1941; the
third of such installments being, in the sum of ,116.00 and due on or be
fore June 24, 1942; the fourth of such installments beinre for the sum oi
: 116.00 and clue on or before Uocember 24, 1942; the fifth of such in- H
II stallme zts being in th` sum of : 11(.5.00 and due on or before June 24,
4 1943 and the^ sixth and last oi: such installments bei.v in the sum of
0 • 1?G.00 and cue on or before December 24, 1943; said note containing ;
t the usual accleration of maturity and east due interest and attornezr
fee clauses; then this conveyance shall become null and void and these I
presents shallbe in �,uc form atits expense.. 1
released � - fi r C
The above described note, secured hereby, is the same note des-
i cri bed in and secured by the vendor' s lien retained, as well as the su-
perior title reserved, in that deed of even date herewith from ca. D. 7.77_a- t
den and �. T. Austin to the said 'Jest University T'aUtist Church conve-in
the above described real property.
1
i
I
6 3
I
1 I -
I
, triNi S. tl a ctx. I
sFi;t1j35EZb3ne_>1ii32_anti:tio3�d,uitle.vyciwx-q=13eeierexacY>iroTJa6fitfLkC'. Xe�tl)CP:MX
fi S
And it,
further covenant and agree with said Trustee 1
i that it will at all times during the continuance of this trust and so Iong as said note + or any of them remain
i
unpaid,promptly pay all taxes and assessments that may become due and payable,aiid 5al::::113�.: 1i?�uA��+eePtIkaiiiiilinfaie
E1 SafpYr3tMfilaXIStraebliitiett i iiIN3 2tSfalz.Zainali: fSi teal-IaltMOI frittSUralTe XI=atly-..F'11=0111tillX CDOX
+3 lean=1ielilitaiffkManfl:SilllMIfs&elilflie..a.1i%)5it' ltucu .-efdt:tlieredf ibatzs-tlie` i:twimt:du hd'ebil's'aid Ce,:;Z: i::::.)11XtdeltVPr)tkl±r
;i .11oTt:idsfa aidc. xittetex}f XI3VISMWDO
11u::all.it7auc timocluz::x;z.x;:x 7-,--- p-- a '=tis'i teteg :fha ? Wila And if f_t
fai18o keep said taxes promptly paid,<blwi'81O:to;]<eer: irgadi t'.ty:all TnfiltItXti L`-ti feK111: 5ftldLkaS
IIntee, then ; hereby authorizc�Said trustee to par such taxes
hmojei t}sectzsyi Abc;}v_ssIsr gATiji hand agree that ttbeumminrns,pais,-hh forAtd,-�yribLx.,any amount expended
for taxes shall be treated as expenses and costs of executing this trust.
1
But in case of default or failure to make prompt payment of said indebtedness, or any part thereof, principal or interest,as
I the same shall become due and payable,or failure to observe and keep any of the covenants hereof by the grantors herein,then and
in that event the said Trustee is hereby authorized and empowered, and it shall be his special duty, at the request of the payee or
any holder of any of the above-described notes,to sell the above described property to the highest bidder for cash,at the court house
door of the county in which said property, or any part thereof, is situated, at public outcry between the hours of ten o'clock a.m.
and four o'clock p.m.,on the first Tuesday in any month,after having given notice of such sale by posting up written notices at three
public places in said County of Harris and State of Texas,one of which notices shall be at
the court house door of said County of ?Ta rr i S State of Texas,and all of which notices shall have
11
been posted for at least twenty-one days successively next before the day of sale;
and after such sale, to make the purchaser or purchasers hereunder
gccd and sufficient deeds in the name of the grantors herein,conveying the property so sold to the purchasers in fee simple,with general
i warranty of title,and to receive the proceeds of said sale and apply the same as follows:First, to the payment of all necessary costs
and expenses incident to the execution of said trust, including a fee to the Trustee of j`., per cent, to be estimated
upon the amount realized at said sale.Second,to the payment,rateably of said note ,then unpaid principal and accrued interest
(it being understood that when default shall be made in the payment of any of said note , or any installment of interest on said
note ,or a failure to pay any State,County or City taxes assessed upon said property,after the same by law becomes delinquent,
all the others shall become at once due and payable,at the option of the holder or holders thereof). Third,the remainder,if any there
shall be after payment of all said costs and expenses,and the principal and interest of said note ,shall be paid to the said
i holders of the note above or to t ,e,7 r heirs, assigns or legal representatives.
In case of death of the said : 1-)as.
S' , cod Trustee,or his removal from the
Il County of Harris Texas, or his refusal, or failure or inability, for any reason, within
P days after such requests by the holder or holders of said note as above stipulated to make said sale or to perform
said trusts, then the legal holder or holders of said note or any of them may appoint, in writing,substitute Trustee, who shall
thereupon succeed to all the estate, rights, powers and trusts hereinbef ore granted to and vested in said Trustee, and this power of
substitution shall exist when and as necessary to execute this trust.
I
' And it is further specially agreed by the parties hereunto,that in any deed or deeds given by any Trustee or substitute duly appointed t�
her under, any and all statements of facts or other recitals therein made as to the non-payment of the money secured, or as to the
request to sell,the time,place, terms of sale and property to be sold having been duly published,or as to any other act or thing hav-
ing been duly done by any Trustee,or substitute,shall be taken by any and all courts of law and equity as prima facie evidence that
the said statements or recitals do state facts, and are without further question to be accepted. And It the said grantor
do e s hereby ratify and confirm any and all acts that the Trustee or substitute, or his successor in this trust may lawfully do in i4
the premises by virtue hereof. Erasures and interlineations made and approved before signing.
- i
WITNESS 1 t s hand this /� day of December A.D.19 40
ATTEST: 1:EST UITIVER.SITi' -3A TIST CI,�1RCI+
&Litz,
74
Drpq , , _
THE STATE OF TEXAS,
COUNTY OF Harris BEFORE ME,
a....T1QtAr'-y p.LtlJa..Z.0 , in and
for Earl.is County, Texas, on this day personally appeared
(}. E. I3m1E , ores cent Q. tb,Q..,.y.e t T:; jve. .ity Baptist Ghurc1'
end er
known to me to be the person./ w oseq}offi p�.e.... subscribed to the foregoing instrument,and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.anclr the capacity stated.
/
GIVEN UNDER MY HAND AND SEAL OF OFFICE This 1 1 day of J.E.C. her A.D.19 4.0
(L.S.)
• .C�Nl ttt�lilt.Mortis Own just,
THE STATE OF TEXAS,
BEFORE ME,
COUNTY OF
, in and
for County, Texas, on this day personally appeared
and
his wife,both known to me to
be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed, and the said
wife of the said having been examined by me privily and apart
from her husband, and having the same fully explained to her, she, the said
acknowledged such instrument to be her act and deed,and she declared that
she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 19
(L. S.)
THE STATE OF TEXAS,
1, ,County Clerk,
COUNTY OF
do hereby certify that the foregoing Deed of Trust was filed in my office for record on the day
of , A. D.19 , at o'clock M., and duty recorded on the
day of A. D. 19 , in Book page Record of Deeds
of Trust of County, Texas.
fWITNESS MY HAND AND OFFICIAL SEAL At my office in , Texas,
this day of A. D. 19
(L.S.)
County Clerk County, Texas.
By. Deputy.
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.: LAW OFFICES OF
GORDON AND SPATA
FIRST NATIONAL BANK BUILUING
HOUSTON.TEXAS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS 1
THAT WE W. D. Haden of the County of Galveston,
and the State of Texas, and D. T. Austin of the County of
Harris and the State of Texas, for and in consideration of
the sum of EIGHT HUNDRED ( c800.00) DOLLARS to us paid and
secured to be paid by the West University Baptist Church,
a corporation duly organized and existing under the Laws of
the State of Texas, as follows: The sum of ONE HUNDRED
(4100.00) DOLLARS to us in hand paid cash, the receipt of
which is hereby acknowledged and confessed and the further
execution by the said West University Baptist Church of its
certain promissory note in the principal sum of SEVEN HUNDRED
( 700.00) DOLLARS, payable to the order of W. D. Haden and
• D. T. Austin, bearirle, irrLv.c•o of at the mate of Five per cent
(5%) per annum, interest payable semi-annually and the prin-
cipal of said note being payable in Six (6) semi-annual in-
stallments, the first of such installments being in the sum
of ONE HUNDRED TWENTY (0120.00) DOLLARS, due on or before
June 24, 1941; the second of such installments being in the
sum of ONE HUNDRED SIXTEEN ($116. 00) DOLLARS, due on or be-
fore December 24, 1941; the third of such installments being
in the princ: al sum of ONE HUNDRED SIXTEEN 4116.00) DOL-
LARS due on or before June 24, 1942; the fourth of such in-
stallments being in the sum of ONE HUNDRED SIXTEEN ($116.00)
DOLLARS, due on or before December 24, 1942; the fifth of
such installments being in the sum of ONE HUNDRED SIXTEEN
($116. 00) DOLLARS, due on or before June 24, 1943, and the
sixth and last of such installments being in the sum of ONE
HUNDRED SIXTEEN ($116. 00) DOLLARS, due on or before December
24, 1943; said note containing the usual and customary ac-
celeration of maturity and Ten per cent (10%) attorney' s
fees clauses.
Have GRANTED, SOLD AND CONVEYED and by these pres-
ents do GRANT, SELL AND CONVEY unto the West University Bap-
tist Church, a corporation, all that certain tract of land
described as follows, to-wit:
A parcel of land out of the West 155 foot
strip of the Haden & Austin 103 acre tract
and situated within the corporate limits of
West University Place, Harris County, Texas,
said tract being more particularly described
as follows:
BEGINNING at a point on the West line of
the Haden & Austin 103 acre tract, said point
being the Southwest corner of a tract pre-
viously conveyed to the City of West Univer-
sity Place, said point being also the North-
west corner of the tract herein described;
THENCE Easterly along the South line of
the tract of land previously conveyed to the
City of West University Place, a distance of
155 feet to a point in the West line of Auden .
Street; said point being also the Northeast
corner of the tract herein described;
THENCE Southerly along the West line of
Auden Street a distance of 111.1 feet to a
point in the West line of Auden Street, said
point being the Southeast corner of the tract
herein described;
THENCE Westerly and parallel with the
North line of this tract a distance of 155 feet
to a point in the West line of the Haden & Aus-
tin 103 acre tract, said point being also the
Southwest corner of the tract herein describ-
ed;
THENCE Northerly along the West line of
Haden & Austin 103 acre tract a distance of
111.1 feet to the place of BEGINNING.
TO HAVE AND TO HOLD the above described premises,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto the said West University
Baptist Church, its assigns and successors FOREVER. And we
do hereby bind ourselves, our heirs, executors and adminis-
trators to WARRANT AND FOREVER DEFEND, all and singular the
pA na 2g,
said premises unto the said West University Baptist Church,
its assigns and successors against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
To secure the payment of the note above described,
the vendor? s lien is retained upon the property herein con-
veyed, as well as superior title reserved until said note
is fully paid according to its face, tenor and effect; said
note being further secured in its payment by a deed of trust
with power of sale of even date herewith from the said West
University Baptist Church to Chas. A. Wood, Trustee, for
the use of the holders of said note.
WITNESS OUR HANDS this the 18' day of December A.
D. , 1940. /'/
1:2,41.--L._
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n
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‘/e.j/ C
R o i �055^
474r
THE STATE OF TEXAS V
COUNTY OF
BEFORE ME, the undersigned authority, on this day
personally appeared W. D. Haden, known to me to be the per-
son whose name is subscribed to the foregoing instrument
and he acknowledged to me that he exenuted the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 0 'f74
day of December A. D. , 1940. i
NOTARY` UBLI hi- AIND FO1
COUNTY, TEXAS.
J2c----,,-,.."---stY--,...0.,_,,,
Page #3.
THE STATE OF TEXAS i
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, ::st:::ednatyand
t
personally appeared D. T. Austin, known to me bhe per-
son whose name is subscribed to the foregoing
he acknowledged to me that he executedthe satrYe for the pur-
poses and consideration therein expressed.
GIVEN UNDal MY HAND AND SEAL OF OFFICE this the =�
day of December A. D. , 1940.
NOTARY PUB ,I 'I iv AND OR ,HR-
RIS COUNTY, TEXAS.
D. Li.i11e r
Y Clerk of the County Court of Harris County,
THE STATE OF TEXAS, } I � ,
County of Harris.
Texas, do hereby certify that
the within instrument with its certificate of authentication was filed for
o cloclr.--- -JT.,
Dec. - .0-- ______, 194`'', at
registration in my office o ;30 —
o'cloc'�. -�Z • in Vol.
li , 194___ atat�--
and duly recorded on __ 1 Dee G s or said County.
____ __, Page_ written.
W.18�- ��'� of record of
WITNESS my
hand and seal of office, at Houston, the day and da D.te last_ b i er
Harris. County, Texas.
Clerk County Court,
0\(�%-Ry — Q �_-- Deputy.
60M 3.4O
Page #4.
J
THE STATE OF TEXAS 0
TTTTO / ALL MEN BY THESE PRESEM S:
C OTJ1VTY OF i ?RRIS
WHEREAS, by deed d?,tecl the 18th day of December
• cos'ded in Volume , , na_ce , o_f the Deed.
.<; ords of Harris County, Texas, D. Haden and D. T. Aus-
tin, did grant and convey to the West University Baptist
Church, a corporation duly organized and existing under the
Laws of the State of Texas, all that certain real property
described as follows, to-wit :
•
A parcel of land out of the West 155 foot
strip of the IIad.en and Austin 103 tract and
situated. within the corporate limits of the City
of West University Place, • Harris County, Texas;
said tract being more particularly described as
follows :
•
PEGINNING at a point on the .'lest line of the
Haden and Austin 103 acre tract, said point being
. the Southwest corner of a tract previously convey-
ed to the City of West ?University Place, said
point being also the Northwest corner of the tract
,.erein described;
THENCE Easterly along the South line of the
tract p�' r-viously conveyed to the City of West
University Place; a distance of 155 feet to a
point in the West line of Auden Street; said point
being also the Northeast corner of the tract herein
described;
THENCE Southerly along the West line of Auden
a distance of 111.1 feet to a point in said West
line of Auden Street; said point being also the
Southwest corner of the tract herein described;
THENCE '.' ecterly and parallel with the North
line of this tract a distance of 155 feet to a
point in the ':est line of the Haden and Austin
103 acre tract, said point being also the South-
west corner of the tract herein described;
THENCE Northerly along the said Pest line of
Haden, ^d Austin 103 acre tract a distance of
111.1 to the place of BEGIN T_,'C;
the record of such deed being referred to for further des-
cription of such land; and,
WH r'REAS, in such deed a vendor's lien was retain-
ed to secure the payment of that one certain promissory note
executed by the said Grantee, and payable to the said N. D.
41,
U v
Haden and D. T. Austin, or order, in the principal sum of
SEVEN TTUNDRED ('„'700.00) DOLLARS, said note bearing interest
at the rate of hive per cent ( 5 ) per annum, and being pay-
able in si;: ( 6) ser i-annual installments of ONE HUNDRED
X •,r -n.on) nOL
e4.0)4;. tea...
?iAS, such promissory note has been paid to
the said 7. . D. Haden and D. T. Austin and by them cancelled,
they '-nine the legal owners and holders thereof at the time
of such pc;ment and cancellation; and,
T' ,REAS, the said ';lest University Baptist Church,
is desirous of having the said lien fully released :
NOW T= REFORE, we, 'l. D. Haden of the County
of Galveston and the State of Texas, and D. T. Austin of
the County of Harris and the State of Texas, for and in
consideration of the premises and the sum of TEN ( 1;10.00)
DOLLARS to us in hand paid by the said. West University Bap-
tist Church, a corroration, do hereby REMISE, RELEASE
4 FOREVER )::IT CLAIM unto the said lest University Baptist
Church, it ass_-ns and successors, the sai: vendor's lien,
as well as all such other right, title, lien or claim in or
to the real estate above described, as may have been created
by or have arisen from the transaction above mentioned, which
we may own or did own at the time of such payment.
1.:ITNESS OUR HANDS this the / Q " da; of December
D., 1941.
6k64024afg. ,
YT2c?ez
//ret--
r12 LC•aZi
$
-.=-2 STATE OF TEXAS 0
"LINTY OF GALVESTON fi
77:''1T' I:":L., the undersigned authority, or. this
—P taloa the
per_ - ,: ,. � �, ,��:; �,;,= -�, ':,.,; �o:� ;mac.__ instrumen�
andUhe acknowledged�to me that he executed the same for the
Purposes and consideration_ therein expressed.
L-ND7R MY HAND AND SEAL OF OFFICE this the
,' ( day of December 1941 A. D.
d? e tit E. l EYr?,
NOTARY P :;LIC IN AND FOR G V72TO7
OTJIT2Y TEXAS.
STATE Ty cT TE=
COUNTY OF HARRI.2 0
BEFORE ME, the undersi^med authority, on this
day personally appeared T. T. Austin, Down to me to be the
person whose name is subscribed to the foreCoinC instrument
and he acknowledged to me that he e:,;ecotee' the same for the
purposes and consideration therein e::pressed.
TrVEN UNDER MY L&ND AND SEAL OF OFFICE this the
/D day of December 1941
t_. —U .is -i�� 0 �.�.
OLZTTY, T!a,u�S .
THE STATE OF TEXAS, 1
County of Harris, I, W. D. MILLER, Clerk of the County Court of Harris County, Texas, do
hereby certify that the within instrument with its certificate of authentication was filed for registration in my office on
Dec, 29
, 194 1 , at 1. 25 o'clock P M., and duly recorded on
Feb. 6 , 19I ,tat '�.40 o'clock 2 12
M.,in Vol. 3 , Page579 of record of
Deeds for said County.
WITNESS my hand and seal of office, at Houston, the day and date last above written.
W. D. MILLER
Clerk C my Court, Harris County, Texas
63at 3-41 By �i',�. _ Deputy.
ate+ Ica:, rI, Ii.r
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13
t :-)at 7nivercit7 •tl.at Church, a Tomas Cor:- rntion
' 2 ' Wane wershi
o- a,nd thre.u* i „s ,uthorizod trust- es and fr.'icers,
for .rd in con iioritjf . sum of Cno Thousand Dollars
( ; ,000.0 ) cash to it haar rid by- City of -lest Univorsity
Plac: , Tlxls t rocaL-_, of all of which is hcreby acknowledged
and confessed , l'ee end conveyed , and by th,ar-, -res-
entn doe r 't , soli and convoy unto the said City of .'!eztUri-
VG::zjtry : 1 s all hat certain real '..ron.Lrty situated iy
thc C. 3urvey , Farris County, Texas, as follows:
at a point or tho w ,st line of the Haden 6
Austin 103 acre tract, c id ! oint being the South-
'.rst Corner of a tract '-xotofore convoyed to the
City of lost U-iv '221 'lace by -4r. D. Haden and D.
T. Austin, by*d_od data October 15, A. D. 1939 , said
--' -t heir als- t' ' rt:;hwast corrJr of the tract
dorm
- 7CE _et ly along th sout - of the tract
torero e nveyed to t' - of ','est University
Ilaco by 1. D. Haden and . ;astir', c distance
of 155 feet to a p.oint 1 oat iI of Auden
Strnet ; said point also ' tc, aorthoast corner
-f th : tract heroin desc.2'
-,7C : southerly along the ,act lin', of ,,.udeh
Street a distance of 6o feet to - oint i. the
7est lino of Audor Street , said Ant boinc the
southeast corn- r of the trot r1n doscribod ;
TTi17-.at 'rly and paralll -fith te north lino
of t'sic tract distance of 155 feet to a -oint
in the I1est 1ia of the 71den iustin 103 acre
teoct, a-id -oint beinr also the southwest corner
of the tr ot heroin dr.scrih-d:
-
162 -.1cru tract distuncc or bO veot to
the. • •f3 of brl nninr.;
7.1• c:)ov co tituti e' br 155/ tract of 1 and
u r. of 3tr3e,t, out of
11 1 155 tr ct or rim, " 'd b:- D. :Latic).. and
_ . '6]. i tit urci
raa t,- r
1 - a aL' - r * . " Lr " i reto in any
belonging unto the said City of West University Place, its succes-
sors and assigns forever, and the vendor here i does hereby bind
itself, its successors and assigns, to warrant and forever defend
all and singular the said premises unto the said City of West
University Place, Texas, its successors and assigns , against every
person whomsoever lawfully claiming or to clam the same , or any
part thereof.
IN TESTIMONY "THEREOF, West University Baptist Church has
caused this instrument to be executed by its duly elected and
authorized President and Trustees and to be attested by its
Secretary and its seal affixed hereto, on this 23rd day of October,
A. D. , 1943.
WEST UNIVERSITY BAPTIST CHURCH
ATTEST: By:
PRESIDENT W. J. Dawson
SECRETARY R. B. Allen
E. A. Nisbet
W. R. Romine
H. C . Mayers
Earl Gray
STATE OF TEXAS 0 Gordon King
TRUSTEES
COUNTY OF HARRIS
B*FORE 'tE, the undersigned authority, a Notary Public in and
for Harris County, Texas, on this day personally appeared 7. J.
Dawson, President of West University Baptist Church ; and 7. J.
Dawson; R. B. Allen; E. A. Nisbet; W. R . Romine ; H. C . Mayers ; Earl
Gray and Gordon King, Trustees of West University Baptist Church,
known to me to be the persons whose names are subscribed to the
foregoing; instrument, and acknowledged to me , each for himself, that
they executed the same for the purposes and consideration therein
expressed, as the act and deed of West University Baptist Church, and
in the capacity therein stated.
GIVEN under my hand and seal of office, this 23rd day of
October, A. D. , 1943.
Notary Public in and for
Harris County, Texas.
West University Place Public Works Department
NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING
The Zoning Board of Adjustment ("ZBA") of the City of West University Place, Texas ("City") will hold a public
hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a
meeting set to begin at 6:30 p.m. on November 20, 2025. The hearing may be recessed and continued to a ZBA
meeting set to begin at 6:30 p.m. on December 18, 2025. The purpose of the hearing is to provide an opportunity for
all persons to be heard in relation to the following matter:
Address of the site: 6218 Auden Street,West University Place,TX 77005
Legal Description: Lots 6,7,8,and 9,Block 19 College View Sec 1; Lot 9 and Tract 8A,
Block 18 College View Sec 3; Tracts 15M and 16 Abstract 61 AC
Reynolds Survey
Docket Number: 2025-0022
Applicant: City Rise Church West University Baptist
Action Requested: Requesting a variance from Appendix A—Zoning Ordinance; Article
7A — Residential District-Specific Regulations; Table 7A-2: Yards (or
"setbacks"); Street side yard.
Additional Details: The applicant is requesting a variance permitting a zero street-side yard
setback along the northern boundary of Tract 15M of the AC Reynolds
Survey to develop a drop-off lane and canopy.
Applicable regulations include the City's Zoning Ordinance, Code of Ordinances, Chapter 211 of the Texas Local
Government Code and the rules of the ZBA. The application is available on the city's website at www.westutx.gov.
Additional details on such matters, as well as the applicable regulations are also available for public inspection in the
Public Works Center, 3826 Amherst, West University Place, 77005. Any person interested in such matters should
attend the hearing.
If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting
please contact the Planning & Zoning Administrator at 713-662-5830 in advance of the meeting. Reasonable
accommodations will be made to assist your participation in the meeting. The Municipal Building is wheelchair
accessible from the West and Southwest entrances and specially marked parking spaces are available in the Southwest
parking area.
Signed: Chris Guess,Planning&Zoning Administrator,for the ZBA. Posted and mailed on or before
November 05,2025.
ChYi%C�u.ea-a-
cguess@westutx.gov
713-662-5830
3826 Amherst St. www.westutx.gov
West University Place, TX 77005
713-662-5830