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HomeMy WebLinkAboutOrdinance No. 531 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM AGRICULTURAL TO SINGLE FAMILY 4 (SF-4) AND SHOPPING CENTER; REQUIRING DEVELOPMENT OF THE TRACTS TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS, CODES AND ORDINANCES OF THE CITY, AND VOLUNTARY DEED RESTRICTIONS ATTACHED AS EXHIBIT "B"; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a change in the classification of a zoning district has been requested by a person or corporation having a proprietary interest in the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, which property lies with the corporate limits of the City of The Colony, Texas (the "City"); and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the City for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City and the City Council, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City, have given the requisite notices by publication and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Appendix A-Zoning of the Code of Ordinances of the City of The Colony, Texas, be and the same is hereby amended and changed in the following particulars, and that all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Code of Ordinances are not amended, but remain intact and are hereby ratified, verified, approved and affirmed: A. That the allowed use of that tract of land situated in Denton County, Texas, and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas consisting of approximately 5.7056 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes presently zoned Agricultural, is hereby changed to Shopping Center. B. That the allowed use of that tract of land situated in Denton County, Texas, and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas consisting of approximately 22.157 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes presently zoned Agricultural, is hereby changed to Shopping Center. C. That the allowed use of that tract of land situated in Denton County,Texas,and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas consisting of approximately 9.854 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes presently zoned Agricultural, is hereby changed to Single Family 4 (SF-4). D. That the allowed use of that tract of land situated in Denton County,Texas,and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas consisting of approximately 107.068 acres of land and being described more accurately by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes presently zoned Agricultural, is hereby changed to Single Family 4 (SF-4). Section 3. The City Manager of the City is hereby directed to correct the official zoning map of the City to reflect the change in zoning described herein. Section 4. That the Developer/Owner has offered and submitted Deed Restrictions covering the property, a copy of which are attached hereto as Exhibit "B" and is incorporated herein by this reference, which Deed Restrictions are to be construed as conditions precedent to the granting of this zoning change. The City Council has accepted such deed restrictions and hereby directs the City Secretary to file same in the Deed Records of Denton County, Texas Section 5. That in all other respects the use of the tracts of land above described shall be subject to all applicable regulations contained in the Comprehensive Zoning Ordinance of the City and all other applicable ordinances of the City. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonable anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 8. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 10. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of it final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ~_~ day of ~Y%~_~ · ,1988. /? Don Am-~k, ~f~or ' City Secretary FORM: City Attorney That the undersigned, THE NICHOLS TRUSTS, is the owner of the following described property situated in Denton County, Texas, and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas by deed recorded in Volume 893, Page 823 of the Deed Records of Denton County, Texas, and being described more particularly as follows: 5.7056 Acre Tract A tract of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land described in Deed recorded in Volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to wit: BEGINNING AT an Iron Pin on the South ri~'t of way of Boyd Road on the North boundary line of the USA Tract No. 626 at an inner corner thereof; THENCE South 06 deg. 14 min. and 47 sec. West of a distance of 497.00 feet to a USA Monument No. G-626-10; THENCE South 74 deg. 17 min. and 37 sec. West a distance of 309.25 feet to a USA Monument No. G-626-9; THENCE North 25 deg. 19 min. and 24 sec. West with said USA Line a distance of 626.89 feet to an Iron Pin on the South right of way of Boyd Road No. 32; THENCE North 88 deg. 55 min. 00 sec. East with the South boundary line of said road a distance of 390.20 feet to an Iron Pin at an angle; THENCE North 89 deg. 03 min. 00 sec. East with the South boundary line of said road a distance of 229.83 feet to the point of beginning and containing 5.7056 Acres of land. 22.157 Acre Tract A tract of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land that is described in Deed recorded in Volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to-wit: BEGINNING to a point in the south line of Boyd Road at its intersection with USA Tract G-626, point bears North 21 deg. 43 min. West 15.7 feet from Monument G- 626-7; THENCE South 21 deg. 14 min. East 403.94 feet to Monument G-626-6; THENCE South 1 deg. 24 min. East 230 feet to a point; THENCE South 88 deg. 55 min. West 728.8 feet to a point; THENCE South 52 deg. 38 min. West 500.9 feet to a point; THENCE North 37 deg. 22 min. West 830 feet to a point; THENCE North 52 deg. 38 min. 29 sec. East 400 feet to a point in the South line of Boyd Road; THENCE North 88 deg. 55 min. East with said South line 1160.84 feet to the place of beginning, containing 22.157 Acres. DRAFT 1/29/88 116.922 Acre Tract (the "Residential Tract") Two tracts of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land that is described in Deed recorded in Volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to-wit: BEGINNING at Monument G-626-5 in the West line of USA Tract G-626; THENCE South 43 deg. 53 min. West 220.46 feet to Monument G-626-4; THENCE South 23 deg. 34 min. East 72 feet to a point; THENCE South 88 deg. 55 min. West 583.6 feet to a point; THENCE South 52 deg. 38 min. West 390.84 feet to a point; THENCE North 37 deg. 22 min. West 330 feet to a point; THENCE North 52 deg. 38 min. East 610.9 feet to a point; THENCE North 88 deg. 55 min. East 728.8 feet to the place of beginning, containing 9.854 Acres. BEGINNING at Monument G-626-t in the West line of USA Tract G-626 THENCE South 89 deg. 06 min. West with a fence 1717.46 feet to a point; THENCE South 89 deg. 10 min. West with~ said fence 1807.55 feet to a corner post; THENCE South 89 deg. 25 min. 17 sec. West 1049.4 feet to a point; THENCE North 52 deg. 38 min. 29 sec. East 3162.9 feet to a point; THENCE South 37 deg. 22 min. East 830 feet to a point; THENCE South 52 deg. 38 min. West 110 feet to a point; THENCE South 37 deg. 22 min. East 330 feet to a point; THENCE North 52 deg. 38 min. East 390.84 feet to a point; THENCE North 88 deg. 55 min. East 583.6 feet to a point in the West line of USA Tract G-626; THENCE South 23 deg. 34 min. East 432 feet to Monument G-626-3; THENCE South 66 deg. 37 min. East 550.85 feet to Monument G-626-2; ~' THENCE South 14 deg. 28 min. West 516.8 feet to the place of beginning, containing 107.068 Acres. DEED RESTRICTIONS .q8796 THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That the undersigned, WALLACE ROBERT NICHOLS, III TRUST 1, WALLACE ROBERT NICHOLS, III TRUST 2, WILLIAM RANDOLPH NICHOLS TRUST 1, WILLIAM RANDOLPH NICHOLS TRUST 2, JON SANFORD NICHOLS TRUST 1, and JON SANFORD NICHOLS TRUST 2 (the "Grantor"), is the owner of the following described property situated in Denton County, Texas, and being part of the BBB & CRR Co. Survey, Abstract 182, Denton County, Texas by deed recorded in volume 893, Page 823 of the Deed Records of Denton County, Texas, and being described more particularly as follows: 5.7056 Acre Tract A tract of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land described in Deed recorded in volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to wit: BEGINNING AT an Iron Pin on the South right of way of Boyd Road on the North boundary line of the USA Tract No. 626 at an inner curner thereof; THENCE South 06 deg. 14 min. and 47 sec. West of a distance of 497.00 feet to a USA Monument No. G-626-10; THENCE South 74 deg. 17 min. and 37 sec. West a distance of 309.25 feet to a USA Monument No. G-626-9; THENCE North 25 deg. 19 mink and 24 sec. West with said USA Line a distance of 626.89 feet to an Iron Pin on the South right of way of Boyd Road No. 32; THENCE North 88 deg. 55 min. 00 sec. East with the South boundary line of said road a distance of 390.20 feet to an Iron Pin at an angle; THENCE North 89 deg. 03 min. 00 sec. East with the South boundary line of said road a distance of 229.83 feet to the point of beginning and containing 5.7056 Acres of land. 22.157 Acre Tract A tract of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land that is described in Deed recorded in volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to-wit: BEGINNING to a point in the south line of Boyd Road at its intersection with USA Tract G-626, point bears North 21 deg. 43 min. West 15.7 feet from Monument G- 626-7; THENCE South 21 deg. 14 min. East 403.94 feet to Monument G-626-6; TIIENCE South 1 deg. 24 min. East 230 feet to a point; THENCE South 88 deg. 55 min. West 728.8 feet to a point; THENCE South 52 deg. 38 min. West 500.9 feet to a point; THENCE North 37 deg. 22 min. West 830 feet to a point; DEED RESTRICTIONS - Page 1 THENCE North 52 deg. 38 min. 29 sec. East 400 feet to a point in the South line of Boyd Road; THENCE North 88 deg. 55 min. East with said 1160.84 feet to the place of beginning, containing 22.157 Acres. 116.922 Acre Tract (the "Residential Tract") Two tracts of land situated in the BBB & CRR Co. Survey, Abstract No. 182 in Denton County, Texas, and being part of a 648.695 Acre tract of land that is described in Deed recorded in Volume 893, Page 823 of the Deed Records of Denton County, Texas, being more particularly described by metes and bounds to-wit: BEGINNING at Monument G-626-5 in the West line of USA Tract G-626; THENCE South 43 deg. 53 min. West 220.46 feet to Monument G-626-4; THENCE South 23 deg. 34 min. East 72 feet to a point; THENCE South 88 deg. 55 min. West 583.6 feet to a point; THENCE South 52 deg. 38 min. West 390.84 feet to a point; THENCE North 37 deg. 22 min. West 330 feet to a point; THENCE North 52 deg. 38 min. East 610.9 feet to a point; THENCE North 88 deg. 55 m~n. East 728.8 feet to the place of beginning, containing 9.854 Acres. BEGINNING at Monument G-626-1 in the West line of USA Tract G-626 THENCE South 89 deg. 06 min. West with a fence 1717.46 feet to a point; THENCE South 89 deg. 10 min. West with said fence 1807.55 feet to a corner post; THENCE South 89 deg. 25 min. 17 sec. West 1049.4 feet to a point; THENCE North 52 deg. 38 min. 29 sec. East 3162.9 feet to a point; THENCE South 37 deg. 22 min. East 830 feet to a point; THENCE South 52 deg. 38 min. West 110 feet to a point; THENCE South 37 deg. 22 min. East 330 feet to a point; THENCE North 52 deg. 38 min. East 390.84 feet to a point; THENCE North 88 deg. 55 min. East 583.6 feet to a point in the West line of USA Tract G-626; THENCE South 23 deg. 34 min. East 432 feet to Monument G-626-3; THENCE South 66 deg. 37 min. East 550.85 feet to Monument G-626-2; THENCE South 14 deg. 28 min. West 516.8 feet to the place of beginning, containing 107.068 Acres. That the Grantor hereby impresses all of the above- described property (the "Property") with the following deed restrictions: !. Dwellin~ Size. The Residential Tract shall be developed pursuan~ to the SF-4 District Standards as set forth in the Zoning Ordinance of the City of The CQlony except that the main residential portion of each Unit constructed on the Residential Tract must consist of a minimum floor area equal to or greater than the following: (a) 25 percent of the Uhits shall consist of a minimum floor area of 1,500 square feet. (b) 20 percent of the Units shall consist of a minimum floor area of 1,600 square feet. DEED RESTRICTIONS - Page 2 (c) 35 percent of the Units shall consist of a minimum floor area of 1,700 square feet. (d) 20 percent of the Units shall consist of a minimum floor area of 1800 square feet. (e) Notwithstanding the foregoing, the average floor area of the main residential portion of all of the Units constructed on the Property shall be equal to or greater than 1,650 square feet. To determine the average unit size as described hereinabove, calculations shall be prepared for review by the City's Director of Planning according to the following schedule: Upon issuance of a total of 40% of the building permits for units on the entire tract. Upon issuance of a total of 60% of the building permits for units on the entire tract. Upon issuance of a total of 75% of the building permits for units on the entire tract. Upon issuance of a total of 90% of the building permits for units on the entire tract. 2. Off-Site Improvements. The following off-site improve- ments are required and must be included in a City-approved Developer's Contract at the time of plat approval: (a) Prior to the issuance of a certificate of occupancy for a structure on the Property, the owner of the Property must provide the design and engineering plans for, and construct or cause to be constructed, a northbound left-hand turn lane from F.M. 423 to Boyd Road. (b) At the time of plat approval, the owner of the Property must dedicate sufficient right-of-way on the Property to ensure that at least forty (40) feet of street right-of-way and additional utility easements as required by the City is available south of the existing centerline of Boyd Road. (c) At the time of plat approval, the owner of the Property must escrow a total sum of $150,000.00 with the City which is equivalent to the owner's approximate pro rata share of the cost to construct one-half of a 44 foot street along the Property's frontage on Boyd Road in lieu of said construction or assessment. If Boyd Road is constructed to four (4) lane standards and the actual pro rata share of the owner's cost to construct one-half of Boyd Road adjacent to the Property exceeds $150,000.00, the owner must pay the difference between the actual cost and $150,000.00. The City shall use best efforts to improve or cause the County of Denton to improve Boyd Road from the Property to F.M. 423. (d) Prior to the issuance of a certificate of occupancy for a structure on the Property, the owner of the Property must provide the design and engineering plans for, and construct or cause to be constructed, a westbound left-hand turn lane from Boyd Road to the Property, subject to approval of the County of Denton. (e) At the time of pl~t approval, the owner of the Property must provide the design plans for and obtain the approval of the City of all off-site sewer and water line ~mprovements, pursuant to the requirements of the City. DEED RESTRICTIONS - Page 3 3. On-Site Improvements. At the time of platting, a total of at least 3 1/2 acres, in one (1) or more locations, within the Residential Tract must be donated and dedicated to the City, uDon the City's request, for municipal purposes as set forth in the City's platting ordinance for a fire station site or improved park site. If the City constructs a fire station on the Property, the owner of the Property and the City shall use best efforts to locate the fire station and utilize architectural guidelines and screening in such a manner as to minimize the adverse impact on the adjacent residential neighborhood. The owner of the Property does hereby agree that these Deed Restrictions are voluntarily submitted and are reasonable and valid. These restrictions shall continue in full force and effect for a period of twenty-five (25) years from the date of execution, and shall automatically be extended for additional periods of ten (10) years unless terminated in the manner specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Plan Commission and the City Council of the City of The Colony. Notice of such public hearings shall be given as would be required by the law for zoning change on the property described herein. The restrictions contained herein are not in any manner intended to restrict the right of the City Council of the City of The Colony to exercise its legislative duties and powers insofar as zoning of the property is concerned. These restrictions inure to the benefit of the City of The Colony, and the undersigned owner hereof does hereby grant to the City of The Colony the right to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing and to correct such violation and for further remedy, the City of The Colony may withhold a Building Permit or Certificate of Occupancy necessary for the lawful use of the property until such restrictions described herein are fully complied with. If any paragraph, sentence, clause, phrase or word in these restrictions, or application to any person or circumstances is held invalid or unconstitutional by a Court of competent DEED RESTRICTIONS - Page 4 '...~ ~-~ ~5.f~' ~ .... ~i~'~-~"~-~5~~ ~i~ii13 ~ .VOL Jurisdiction, such holding shall not affect the validity of the ..... ~ . .... . rest ' ~-' . rlcu~,.~, which remaining portions shall remain in full force and effect. These restrictions are hereby declared covenants running with the land and shall be fully binding upon all persons acquiring property within the above-described tract, and any person by acceptance of title to any of the above-described property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. EXECUTED this the ~~- day of ~, 1988. WALLACE ROBERT NICHOLS, III TRUST 1 Wallace Robert Nichols, III, Trustee William Randolph Nichols, Trustee WALLACE ROBERT NICHOLS, III TRUST 2 Wallace Robert Nlchols, III, Trustee By: ~~~ ~ ~,/~ William Rand~'lph Nichols, Trustee WILLIAM RANDOLPH NICHOLS TRUST 1 Wallace Robert Nichols, III, Trustee William Rand61ph Nichols, Trustee WILLIAM RANDOLPH NICHOLS TRUST 2 Wallace Robert Nichols, III, Trustee William Rando~h Nichols, Trustee DEED RESTRICTIONS - Page 5 JON SANFORD NICHOLS TRUST 1 Walla~e Robert ~'c-~ols, III~ Trustee William Rand~ph Nichols, Trustee JON SANFORD NICHOLS TRUST 2 llace R0~-~' Nichols, Iii, TrUstee William Randolph Nichols, Trustee STATE OF TEXAS COUNTY OF~ BEFORE ME, the undersigned authority, on this day personally appeared WALLACE ROBERT NICHOLS, III, TRUSTEE, known to me to be the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the same as the act of WALLACE ROBERT NICHOLS, II! TRUST 1, WALLACE ROBERT NICHOLS, III TRUST 2, WILLIAM RANDOLPH NICHOLS TRUST 1, WILLIAM RANDOLPH NICHOLS TRUST 2, JON SANFORD NICHOLS TRUST 1, and JON SANFORD NICHOLS TRUST 2, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this ~-~ day of ~. , 1988. ~.' .~ ~. '.. ~ o .., ~ . ..... .. ~.,~.4..(.C~X.p~ NOTARY PUBLIC, STATE OF TEXAS ~', '~;~i:s s~;n Expires: :'~' / (Printed Name of Notary) DEED RESTRICTIONS Page 6 STATE OF TEXAS § ,'-' ' BEFORE ~, the undersign~O auEhO~i~y, 7on this ~y personally appeared ~ZLLZ~ R~HDOLPH NI~OLSi TROSTEE.~known to me to be the person whose name ~s subscribed to the foregoing .~nstruments, and acknowledged to me that he executed the s~me as the WALLACE ROBERT NICHOLS, III TRUST 1, WALLACE ROBERT NICHOLS, III TRUST 2, WILLIAM ~NDOLPH NICHOLS TRUST 1, WILLIAM .RANDOLPH NICHOLS TRUST 2, JON SANFORD NICHOLS TRUST 1, and JON SANFORD NICHOLS TRUST 2, for the purposes and consideration therein expressed and in the capacity therein stated. ~IVEN UNDER MY ~D AND SEAL OF OFFICE on this ~ ~day of · ' N , STATE OF TEXAS ~.,,My ~o~sion Expires: (Pr~nte~Name of'N0tary) DEED RESTRICTIONS - Page 7