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S 055AB VOL Z PG 068 PORT ALTO, UNIT IF-IrS f Street; �a S � 1 aication of Subdivision Unit One Volume ill, pages mb FIRS IV A P O F ON/ T Of/V PORT A TO Calhoun County , Texas scale ' / /o0&.. Made by - Z . G. Marg e ru rn, f'a/L;cio s, TA -as r 1 Th Sesta f e Cf Texas, fy O' L'-Gt/hoW,-7. 4 cgC/'/d C.G. Marcjer'un7� eer�i�y Yhaf the dr4w1,-7yS he reor7 cc, -,-,5 ,r e4- /• Say sl:-eet /'S S/Xty (G0) feet w"iale a-7a'rS a Co/7t1'r7Naf�"on a --7d el )enSioP7 fry e a /tea car�re ct rr7a,o o>� Uri/f Owe df Porf A/f© ir; L'�/houir Cour��y, 07 the O/via - d'oUb/�'e rOQ c�• 7`QxaS, aurti¢yedon the 9rour7oi by rn¢ on,9uy. /7 AY&20, /937, same Z. F,rsf S�reef �s e�yhty(8a) feet w -:de >c- i,- /�%v ire ct,Sf -' t Bc; c�,, ee; he ir7y dui of Q part of wncf v14s -'o r�rntr/y lrhowrt 45 the City of Poi-tA/f0 0. d S%''fy�60) fe'ef w%de fo 7(he South vvest of Bo �treef. arrcl c�// o f tiv/�af vli sforr►'er/�, Lnovvn cts C,7or,, fa (/rs�a SubdiviSi0rn. The 3, �Ir/�s�a S/Y¢ef is SiXfy(60) �eei wide and acCdrn .-7c� /egenol hos bee. -7 17rePQP-e d by me acrd ,s Q 1. -,we ie7deX Tc` /0r7g" Qhs' dors are 1741177bel-,?d as .Shover, on yr?Qp. n,, -s.'5 rn Y s i g n a to r e, 1 Z 0, /7 / 9 3 7- ,� O i J7 �i 0 -f e s -tO /T e S -Se / ir7 bO 44 tj Ci 0 t- . 1 n'I.4 6 Tie Vwa ter lif7e OSs 1-yowl?/s -1h err VcYor. " ,� ,�r>���4fes L(..S• Ccas f ca r7d Geodef�c SGcrvey marl;�rl� -' �r ts. �. Tfte I'ngtfrsof the 170 /Fr017t LofS 4 S show« o n fhIC 70 are �/o�,roX�'r�-icr7i¢ /crrrcfthS of .S�[CfJ /o�S. J I 2.+1 40, 5THEE 7- 24625 THE STATE OF TEXAS, Q COUNTY OF CALHOUN. Q KNOW ALL MEN BY THESE PRESENTS: THAT We, S. G. Drushel, E. D. White, Wilmot White Splawn, a widow, Maymie White Pose, E. T. Rose, S. G. Sample, Maggie L. Young,a widow, Mattie Young, Catherine Young, Lila Young, Winifred Young and Patty Young, each of the last named five persons being a feme sole and acting herein by and their duly authorized Attorney -in -Fact, the said Maggie L. Young, all of the County of Jackson and State of Texas, and Oliver H. Radkey, Jr., of the County of Travis and State of Texas, acting by and through his Attorney -in - Fact, J. W. Bagby, with reservations and restrictions as hereinafter set forth, do here now as joint and sole owners of all of Fractional Section Number Nine (9) of J. D. Mitchell's Subdivision of the William Arnold and other surveys in Calhoun County, Texas, as is fully shown by Dedication dated April 30, 1895, of record in Volume 00", pages 1 to 10 of the Deed Records of Calhoun County, Texas, and by map or plat of record in Volume "M" pages 446-447 of said Deed Records, and of what was formerly known as Boniffi Vista Subdivision in Calhoun County, Texas, as shown by recorded pts t in Volume "Y", page 274, of the Deed Records of said county, hereby adopt as our own act a subdivision plat hereto attached and made a part hereof and the subdivisionshown thereby of a part of the aforesaid Fractional Section Number Nine as hereinbefore described and referred to and of all the land constitut- ing what was formerly known as Bonita Vista Subdivision and which said sub- division so shown by plat hereto attached is here now designated as "Unit One of Port Alto", and we do hereby dedicate and set apart to the perpetual use of the public for highway purposes, only, all streets and roadways desig- nated upon said plat except "Artesia Street", and the road 16 feet wide ex* tending South f rom the West end of "First Street", and for the joint use, only, of all present and future owners of lands in said Subdivision Sand what was formerly known as Bonita Vista Subdivision said"Artesia street"as a roadway, only; and, as a passage way for pedestrians, only, between - - - - "First Street" as described on said plat and the shore line of Carancahua Bay, the tract of lend twenty (20) feet wide designated upon said plat as "Walkway", with this further restriction that we, for ourselves, our heirs and assigns reserve and retain forever the right to,m�ajin- / M101 tain fences and gates at the North ,"Jest and South East entrances to said `!Mlkwayll and to permit the use of such I'VIalkaay" by such owners only as clos such gate or gates upon passing through same. of our title to the lands shown on the attached plat; and without obligat- ing ourselves personally to enforce the restrictive provisions of this dedication, and disclaiming any intent to obligate ourselves to pay any damage to any one by reason of the observance or failure of any person to observe any restrictive provision set forth in this instrument, vie declare certain restrictions as to the use to be made of lands owned by us con- stituting said "Unit One of Port Alto" as shown on attached plat asf ollows: 1. No lot or port of lot in said subdivision shall be used by any one other than members of the white race and theirreceasary servants; 2. Lot One (1) in Block One (1); Lots One (1) and Two (2) in Block Three (3); Lots One (1), Two (2), Three (3), Twenty-three (23) and Twenty- four (24) in Block Four (4); Lots One (1), Two (2), Three (3) and Four (4) in Block Five (5); and all of Block Six (6) of "Unit One of Port Alto" may be used either for residential purposes or for legitimate business purposes, 3. All lots not mentioned in the last foregoing paragraph shall be used for residential purposes only, except that vie reserve the right here- after to set apart for public or private roadways any part or all of Lot Sixteen (16) of Block Two (2) and Lots Fourteen (14) and Fifteen (15) of Block Three (3). 4. Necessary and sightly fences excepted, no structure or part of structure shall be erected, maintained or used on any of the lots in Block One (1) at a distance of more than two hundred (200) feet from the South boundary line of "First Street", nor on Block Two (2) at a distance of more than two hundred ten (210) feet from the South boundary line of "First s RESTRICTIONS AS TO USE OF PROPERTY: Without divesting ourselves by this instrument and its terms of our title to the lands shown on the attached plat; and without obligat- ing ourselves personally to enforce the restrictive provisions of this dedication, and disclaiming any intent to obligate ourselves to pay any damage to any one by reason of the observance or failure of any person to observe any restrictive provision set forth in this instrument, vie declare certain restrictions as to the use to be made of lands owned by us con- stituting said "Unit One of Port Alto" as shown on attached plat asf ollows: 1. No lot or port of lot in said subdivision shall be used by any one other than members of the white race and theirreceasary servants; 2. Lot One (1) in Block One (1); Lots One (1) and Two (2) in Block Three (3); Lots One (1), Two (2), Three (3), Twenty-three (23) and Twenty- four (24) in Block Four (4); Lots One (1), Two (2), Three (3) and Four (4) in Block Five (5); and all of Block Six (6) of "Unit One of Port Alto" may be used either for residential purposes or for legitimate business purposes, 3. All lots not mentioned in the last foregoing paragraph shall be used for residential purposes only, except that vie reserve the right here- after to set apart for public or private roadways any part or all of Lot Sixteen (16) of Block Two (2) and Lots Fourteen (14) and Fifteen (15) of Block Three (3). 4. Necessary and sightly fences excepted, no structure or part of structure shall be erected, maintained or used on any of the lots in Block One (1) at a distance of more than two hundred (200) feet from the South boundary line of "First Street", nor on Block Two (2) at a distance of more than two hundred ten (210) feet from the South boundary line of "First s S Street", nor on Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11) of Blocl: Five (5) at a greater distance than one hundred eighty (180) feet from the South boundary line of "First Street" nor on Lots Twelve (12), Thirteen (13) and Fourteen (14) of Block Five (5) at a greater distance than one hundred eighty (180) feet from the East line of the 16 foot roadway to the west. 5. No outside toilet shall be erected, maintained or used on Lots Tarelve (12), Thirteen.(13) and Fourteen (14) of Block Five (5) nearer than five (5) feet to the 16 foot road:=ray to the 15est of said lots, nor on Lots Three (3) and Four (4) of Block_ Five (5) nearer than 10 feet toa ny property line other than "Bay Street" line nor on any lots or block fronting on the South side of "Bay Street" nearer than 75 feet to said "Bay Street" South line, and subject to the above mentioned exceptions no outside toilets shall be erected, maintained or used on any lot or block in said "Unit One of Port Alto" at a point nearer than 20 feet to the ad- joining property line-, street, road or 20 foot'Ifal.kvway", nor on any Lot South of "First Street" at any point nearer than thirty feet to said street nor on any lot north of said "First Street" at any point nearer than 100 feet to said "First Street", except that in Block Number Six any such toilet may be located within fifty feet of said "First Street". 6, No house other than residence or dwelling houses and outside houses necessary to the reasonable enjoymentthereof shall be erected on any lots of said subdivision restricted to use for residential purposes only. 7. No one will have any right to erect any house on any of EF -id lots or to maintain or use any such house without painting and keeping painted such house. Nq The right of occupants of lands within "Unit One of Port Alto" to go upon that part of Fractional Section Number Nine not included in "Unit One of Port Alto" is restricted to the right to 90 to the Artesian coater any of said streets or roadway or of said 20 foot "Walkway" or of said 16 foot) road, or because of any denial to any one at any time of the use of same, and in case ere construct or contribute to the construction of any of said streets, roadway, 16 foot road or 20 foot "Walkway" and entrances thereto, or any brid@ to be used in connection with any such road, street or 20 foot "Walkway", we disclaim any liability for damages if any resulting from the use thereof and disclaim any liability to maintain or assist in maintaining the same. 11. Each property owner in "Unit One of Port Alto" is hereby restricted) as to the use of accumulated shell now or hereafter forming part of such prop -1 erty to the use of same for improvement of said property and in such manner only as not to detract from the appearance and usefulness of the water front of "Unit One of Port Alto", 12. Sun Oil Company is the owner of an.0i1, Gas and Mineral Lease on a part of the lands shown on the attached plat and this dedication is made and restrictions are herein set forth with the express provision that all rights of the holder, its successors and assigns of said Oil, Gas and Mineral Lease, as determined by the terms of said lease as it now appears of record in the County Clerk*s office of Calhoun County, Texas, shall be superior to rights, privileges or properties passing under or by virtue of the terms of this instrument. However, each of the undersigned to the extent only of his undivided interest in any lot in "Unit One of Port Alto" hereafter conveyed, obligates himself to the Grantee thereof that if and when under the terms of said lease a well for oil or gas is drilled on such lot he will upon recon- veyance to us by any such Grantee of such lot, without improvements, repay to such Grantee such sum of money, without interest, as he shall have receiv for his part of the selling price of such lot. IN WITNESS IvIMBEOF we have hereunto subscribed our names this the 2nd day of September, A. D. 1937. � �• �• L1"uauci• -5- toy u well,now on said Fractional Section number Nine for the purpose of obtaining and using <✓ater.from s;id well in common with all other owners of parts of "Unit One of Port Alto " and pert or all of the remainder of Fractional Section Number Yine, provided that this privilege shall continue only until the respective owners of lands in "Unit One of Port Alto", shall have se- cured fresh water from some other source or until said Artesian well shall have from any cause ceased to produce sufficient water for the use of all such property owners, whichever term shall be the shorter, and, provided too,that the o rners of the balance of Fractional Section Number Nine or any part thereof shall have the right to keep same fenced so long as they provide a cattle guard or a gated entrance to said well from 112krtesia Street", and provided further undersigned are to no extent obligated to maintain said Artesian well or to keep it in repair and that the privilege herein granted for the use of water therefrom will not have the effect to divest the undersigned of their title thereto or to create an easement on any part of Fractional Section Number ;line not embraced within "Unit One of Port Alto", and provided further, live stock pasturing on said section nine shall have precedent right to sufficient water from said Arte- sian well at all times. 9. Any owner of any interest in said Fractional Section Number Nine or of any interest in any lot or block of "Unit One of Port Alto's is here- by granted the privilege to the extent of our property interest to use for pleasure and recreational purposes only, with any or all such other oviners, but at their own risk and expense the pavilion and approaches thereto acdessible from the South East end of said 20 foot "Walkway"; but we -assume no obligation for the maintenance of said pavalion or approaches theret and disclaim liability for darax.ges or compensation to any one who may be damaged by using or being denied the use of said pavilion and approaches and water adjacent thereto, and notice of such disclaimer is hereby given all persons. 10. '?e disclaim liability to any and all persons on account of damages if any which may result to anyone because of any use which may be made of TIM STATE OF T-IMAC, Q CCUNTY OF JAChSON. � il 1EFO.RE IE, the undersigned authority, a notary Public in and for Jackson County, Texas, on this day personally appeared E. T. Rose and Maymie I' ite Rose, his wife, both known to me to be the persons whose names are subscribed to the f oregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein e piessed, and the said Maymie ':71hite Rose, wife of the said E. T. Rose having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Maymie INhite Rose acknowledg- ed such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein exprese ea;vd;-fit she did not wish to retract it. UNDER MY HnND AND SEAL OF, 0 ICE, This the iiay of ND A, 1 A. D. 1937. A 1 -tea Notary Public in and for ckson County, Texas. TH #y i TE' OF TEYAS' Q COUNTY OF JACKSON, p mFORE ME, the undersigned authority, a Notary 7ublic in and for Jackson County, Texas, on this day personally appeared S.G.Drushel, E.D. 7'hite, ?Wilmot S9hite Splawn, a widow, S.G.Sample, J.VI.Bagby as Attorney in Fact for Oliver H. Radkey,Jr. and Mrs. Maggie L. Young, a widow, for herself and as Attorney in Fact for Mattie Young, Catherine Young, Lila Young, wini. fred Young and Patty Young, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the several capacities therein stated. GIV UtSDER MY !VITD 'ITD SDAL OF oFFICE, This the—day of '• D, 1937, . Notary Public in and for acks n N County, Texas. VIE MR 20625' . S. G. DRUSIM .ET,_AL. TO ) 'DEDICATIONS OF SUBDIVISIONS. UNIT ONE OF PORT ALTO. r LAW OFFICES OF ROSE &SAMPLE 'EDNA, TEXAS