0008_Box 2 50-100_055AMAP of UNIT ONE
of
pop ALTO
Ca llioun County , Texas
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3dication of Subdivision Unit One of port Alto rrra,o .a7 Uhit O.le df•ParfA/fo .ir/ C�/hour't COur7fy, of fhe O/ via - J�pr/ �l//ra public raac/.
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p 'fi ; .Volume' lll, pages '435-441 Sion. T"h¢ 3, flr/es/ Sit ¢ef /s s/xly(6o) feel vtiiole and ozz¢huhdred grid foify(/�0)
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THE BTATE OF TEXAS, 0
COUNTY OF CALHOUN, 0 KNOW ALL MEN BY THESE PRESENTS:
THAT We, S. G. Drushei, E. D. I�hite, Wilmot Vhite Splawn, a widow,
Maymie White Rose, E. T. Rose, S. G. Sample, Maggie L. Young, a widows, 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 tli--
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 110", 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 whit was formerly known as Bonit
Vista Subdivision in Calhoun County, Texas, as shown by recorded plat 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
subdivision Ehown 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 wxide eX4
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 9 and whqt 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 land twenty (20) feet wide designated
upon said plat as "Walkway", with this further restriction that are, for
ourselves, our heirs and assigns reserve and retain forever the right to main-
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tain fences and gates at the North West and South East: entrances to said
1117lkvraylt and to permit the use of such "Walkway" by such owners only as cloy,
such gate or gates upon passing through same.
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,_cno of Port Alto" as .shovin on attached plat as f ollovis;
No lot or part of lot in said subdivision shall be used by any
one other than members of the white race and their mcessary servants;
2.
Lot One (1) in Block One (1);. Lots One (1) and Two (2) in Block
Three (3); hots One (1), Two (2), Three (3),- Tvrenty-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 legitimatebusiness 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 Tvio (2) at a distance of more
than two hundred ten (210) feet from the South boundary line of "First
46P7
Street", nor on Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9),
Ten (10) and Eleven (11) of Block Five (5) at a greater distance than
one hundred eighty (180) feet from the South boundary line of "First
Street" nor on Lots Tuelve (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 VTest.
5.
No outside toilet shall be erected, maintained or used on Lots
Twelve (12), Thirteen.(13) and Fourteen (14) of Block Five (5) nearer than
five (5) feet to the 16 foot roadway to the test 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 t'Bay Street" line nor on any lots or block
fronting on the South side of "Bay Street" nearer than 75 feet to said
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 lime, street, road or 20 foot Valkaay", nor on any Lot
South of "First Street" at any point nearer than thirty feet to said street
nor an any lot north of said "First Street" at any point nearer than 100
feet to said "First S3treet",-except that in Block Number Six any such toilet
may be located withim fifty feet of said "First Street".
6,
No house other than residence or dwelling houses and outside
houses necessary to the reasonable enjoyment thereof 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 sa- id.lots
or to maintain or use any such house without painting and keeping painted
such house.
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 Alta't is restricted to the right to go to the Artesian water'
a JP - 11 la 4P
well -now on said Fractional Section Number Nine for the purpose of obtaining
and using water,frou said well in common with all other owners of parts of
"Unit One of Port Alto tt and part or all of the remainder of Fractional
Section Number Nine, provided that this privilege shall continue only until
the respective owners of lands in "Unit One of Port Altott, shall have se-
cured freshwater from some other source or until said Artesian well shall
have from any cause ceased to produce sufficient vaater for the use of all
such property owners, whichever term shall be the. shorter, and, provided
too,that the wviners 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 trell from "Artesia
Streettt, 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 tie use of water therefrom will not have the effect to
divest the undersigned of their title thereto or tocreate an easement
on any part of Fractional Section Number Nine not embraced within "Unit
One -,of Port Alto", and provided further, live stock pasturing on said
a'
hection nine shall have precedent right to sufficient water from s aid Arte-
sian well at all times.
Any ovrner of any interest in said Fractional Section Number Nine
or of any interest in any lot or block of "Unit One of Port Alto" 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
accessible from the South East end of said 20 foot "VPalkwaytt; but we
assume no obligation for the maintenance of said pavilion or approaches
theret and disclaim liability for dar�gea 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.
100
r;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
-A-
any of said streets or roadway or of said 20 foot "Walkway" or of said 16 foot
road,ar because of any denial to any one at any time of the use of same, and
in case we construct or contribute to the construction of any of said streets,
roadway, 16 foot road or 20 foot "Walkway" and entrances thereto, or any bridge
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-
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,,_Oi1, 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 Clerkts 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 tie Grantee thereof'that if and when under the terms_of
said lease a well for )il or gas is drilled on such lot he will upon recon-
veyance to us by any sich grantee of such lot, without improvements, repay
to such Grantee such sam. of money, without interest, as he shall have received
for his -part of the selling price of such lot.
IN IVIMTESS VnMREOF we -have hereunto subscribed our names this the
2nd An of September, A. n. 1937,
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THE S TA M OF TEXAS ,
COUNTY OF JACKS OIZ.
BEFORE IM , the undersigned authority, a Notary Public in and for
Jackson County, Texas, on this day personally appeared E. T. Rose and Maymie
T;'hite 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 executes the same f or the purposes and consideration therein
expressed, and the said Maymie 11Jhite 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 Iraymie 'White 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
e *tad t she did not wish to retract it.
UNDER MY HR,ND AND SEAL OF OFFICE, This the Bay of
A. D. 1937,
l rG Notary Public in and for ackson
_ i``��: County, Texas
T . OF TEXAS,
C OUNTY OF JACKSCRT, 0
BEFORE IM, the undersigned authority, a Notary Public in and for
Jackson County, Texas, on this day personally appeared S.G.Drushel, E.D.
11,lhite, 7ilmot 7hite Splawn, a widow, S.G.Sample, 1,17.Bagby as Attorney in
Fact for Oliver H. Radkey,Jr. and Mrs, Mggie L. Young, a widow, for herseli
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
exeduted the same for the purposes and consideration therein expressed, and
6f-
in the several capacities therein stated. -e
GIVIT UNDER MY HAND AND SEAL OF OPPICE,, This the --d-ay of
A. D. 1937,
Notary Public in and for acks n
County, Texas.
m
i Maurice G. Wood cc,--,' %l,-:" ;n ni far sJl Ccorty, do
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2--- z" y ri Sept. __.,._...-------. , � � 7 ��-\it !'.a
10 Sept. 37
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