Village Place Community Association

Deed Restrict - Sec 3

RESTRICTIONS

RESTRICTIONS

THE STATE OF TEXAS

COUNTY OF HARRIS KNOWN ALL MEN BY THESE PRESENTS:




Where FIRST GERNERAL CORRORATION TRUSTEE, hereinafter called “First”, being owner and INTEREAL COMPANY, being lien holder of that certain 49.558 area tract of land which has been heretofore platted and subdivided into that certain subdivision known at Lakeside Place, Section III according to a replat filed on record in the office of the Clerk of Harris County, Texas in volume 224 Page 100 of the Map Records does hereby establish, adopt and promulgate the following reservations, restrictions, covenants and assessments to apply uniformly to the use, occupancy and conveyance of all lots in said Lakeside Place, Section III ( described below) for the benefit of the present and future owners of said lots and the Lakeside Place Community Association, Inc.:

Lots one (1) through Fifty-Three (53), both inclusive in block eight (8)
Lots One (1) through Sixty-Three (63), both inclusive in block nine (9)
Lots One (1) through Twenty-Five (25), both inclusive in block ten (10)
Lots One (1) through Twenty-Two (22), both inclusive in Block Eleven (11)

1. Single Family Residential

No building shall be erected, altered or permitted to remain on any lot other than one detached single family residential dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars and a bona fide servants’ quarters which structure shall not exceed the main dwelling in height and which structures may be occupied only by a member of the family occupying the main residence of the building site or by domestic servants employed on the premises. Carports will not be allowed unless specifically approved by the Architectural Approval Committee


2. Architectural Control

No buildings or Improvements of any character shall be erected or placed or the erection begin, or changes made in the design thereof after original construction, on any lot until the construction plans and specifications and a plot plan showing the location of the structure or improvements has been submitted to and approved by the Architectural Control Committee consisting of Richard H Basden, S.M. Gilmore and Kenneth A. Summuki or its assignee hereinafter provided for as to compliance with these restrictions as to qualify of material, harmony of external design with existing and proposed structures and located with respect to topography and finish grade extension. In the event the Committee fails to approve or disapprove within thirty (30) days after the receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied. First hereby agrees to assign its rights to approve or disapprove plans and specifications, location of structures, construction contracts and all other documents of approvals required to be submitted to it to the Lakeside Place Community Association. Inc., when one hundred (100) percent of all the lots in Lakeside Place, Section III, are sold and improvements are completed and occupied by residents. No fence or screening of any nature shall be erected in or near the rear property line of lots One (1) through Six (6) inclusive in Block Eight (8), Lakeside Place Section III without the written approval of the Architectural Control Committee.


3. Square Footage and Masonry Requirements

The living area on the ground floor of the main structure exclusive of open porches and garage shall not be less than Two Thousand Three Hundred Fifty (2,350) square feet for one story dwellings nor less than One Thousand Three Hundred (1300) square feet for a dwelling of more than one story. The total square feet for a multi story dwelling shall be not less than Two Thousand Five Hundred (2.500) square feet. The exterior materials of the main residential structure including garages if attached, shall be not less than fifty-one (51%) percent masonry. Detached garage may be of wood.


4. Location of the Improvements Upon the Lot

No building or other improvements, except as previously defined in these restrictions, shall be located on any lot nearest to the front line or nearer to the street side line than the minimum building set back line shown on the recorded plat. Subject to the provisions of Paragraph 5, no building shall be located nearer than five (5) feet to an interior lot line except that a garage or other permitted accessory building located seventy-five (75) feet or more from the front property line may be a minimum distance of three (3) feet from an interior lot line. No garage located closer than 60’ feet to the front property line shall face or open at less than a ninety-degree (90) degree angle to the front property line. For the purposes of this covenant caves, steps and unroofed terraces shall not be considered as part of a building provided however, that this shall not be constructed to permit any portion of the construction on a lot to encroach upon another lot.

5. Composite Building Site

Any owner of one or more adjoining lots or portions thereof may consolidate such lots or portions into one building site with the privilege of placing or constructing improvements on such resulting site which case setback lines shall be measured from the resulting side of property lines rather than from the lot lines indicated on the recorded play. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of the lots in the same block.

6. Utility Easement

Easements for installation and maintenance of utilities are reserved as shown and provided for on
the recorded plat and no structure shall be erected upon any of said easements. Neither First or any utility company using the easements shall be liable for any damage done by either of them or their assigns, agents, employees or servants to shrubbery, trees, flowers or improvements of the owner located on the land covered by said easement.

7. Prohibition of Offensive Activities

No activity, whether for profit or not, shall be permitted on any lot which is not related to single-family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any lot, which may be or become an annoyance of a nuisance to the neighborhood. First, or its assigns, may maintain, as long as it owns property in Lakeside Place, Section III in or upon such portions of the property as first determines, such facilities as in its sole discretion may be necessary or convenient, including, but without limitations to offices, storage areas, model units and signs.

8. Use of Temporary Structures

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Temporary structures used as building offices and for other related purposes during the construction period must be inconspicuous and slightly.


9. Storage of Automobiles, Boats, Trailer and Other Vehicles

No boat trailers, boats, travel trailer, inoperative automobiles, campers, or vehicles of any kind are to be
Semi-permanently or stored in the public street right-of-way or on driveways. Permanently and semi-permanent storage of such items and vehicles must be screened from public view within the garage or behind a fence which encloses the rear of the lot.

10. Mineral Operations

No oil Drilling, oil development operations, oil refining, quarrying or mining operations of any
Kind shall be permitted upon or in any lot, not shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any lot. No derrick or other structures designed for the use in boring for oil or natural gas shall be erected maintained or permitted upon any lot.

11. Animal Husbandry

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other common household pets (limited to two (2) of each type) may be kept provided that they are not kept, bred or maintained for commercial purposes.


12. Walls, Fences and Hedges

No walls, fence or hedge in excess of three (3) feet shall be erected or maintain nearer to the front lot line than the walls of the dwelling existing on such lot. No side or rear fence, wall or hedge shall be more than six (6) feet high. No chain link or wire fence type construction will be permitted on any lot. Any wall, fence or hedge erected as a protective screening on a lot by First shall pass ownership with title to property and it shall be owner’s responsibility to maintain said protective screening thereafter.

13. Visual Obstructions at the Intersection of Public Streets

No object or thing which obstructs site lines at elevations between two (2) feet and six (6) feet above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points twenty – five (25) feet from the intersection of the street property to lines or extensions thereof shall be placed, planted or permitted to remain on any corner lots.

14. Lot Maintenance

The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted or permitted. The accumulation of garbage, trash or rubbish of any kind on any lot shall be permitted nor shall anything be burned (except as permitted by law). The drying of clothes in full public view is prohibited and the owners or occupants of any lots at the intersection of streets or adjacent to parks playgrounds or other facilities where the rear, yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, wood piles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of the owner or occupant of any lot in observing the above requirements, such default continuing after ten (10) days written notice thereof First or its assignee shall without liability to the owners or occupant in trespass or otherwise enter upon said lot or cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions so as to place said lot in a neat attractive, healthful and sanitary condition any may bill the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupation of the property to pay such statement immediately upon receipt of thereof.

15. Signs, Advertisement, Billboards

No sign, advertisement or billboard or advertising structure of any kind other than a normal “For Sale” sign not exceed six (6) square feet in size may be erected or maintained on any lot in said subdivision with the exception of First rights and in Paragraph 7. First or its assignee will have the right to remove any such sign. Advertising or billboard or structure which is placed on said lot and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal.

16. Roofing Materials

The roof of any building shall be constructed or covered with wood shingles. Any other type roofing material shall be permitted only at the sole discretion of the Architectural Control Committee upon written request.

17. Maximum Height of Antennae

No radio or television aerial wire or antennae shall be erected or maintained on any portion of any residential lot forward of the front of the residential structures on said lot shall any antennae be permitted to extend more than ten (10) feet above the roof of the structure on said lot. Free standing antennas shall be permitted provided said antennae are located behind the rear wall of the main residential structure and are attached to the main structure. No radio or television antennae shall be erected on a wooden pole.

18. Sidewalks

Before the dwelling unit is completed and occupied, the lot owner shall construct a concrete sidewalk four (4) feet in width parallel to the street curb four (4) feet back from the curb and shall extend it the full width of the lot from property line to property line. Owners of corner lots shall install a sidewalk parallel to the front lot line and the side street lot line.

19. Underground Electric Services

An underground electrical distribution system will be installed in Lakeside Place, Section III and said underground systems will service the area which embraces all of the lots, which are platted in Lakeside Place Section III. In the event that there are constructed, within the underground residential subdivision structures containing multiple dwelling units such as townhome, duplexes or apartments, then the underground service area embraces all of the dwelling units involved. The owner of each lot containing a single dwelling, or in the case of a multiple dwelling unit structure, the Owner/Developer, shall at his or its own cost, furnish, install, own and maintain (all in accordance with the requirements of local government authorities and the National Electrical Code) the underground service cable and appurtenances from the point of the electric companies metering at the structure to the point of attachment at such company’s installed transformers or energized according junction boxes. Such point of attachment to be made available by the electric company at a point designated by such company at the property line of each lot. The electrical company furnishing service shall make the necessary electrical connections at said point of attachment and at the meter. First has either by designation on the plat of the Subdivision or by separate instrument granted necessary easements to the electric company providing for the installation, maintenance and operation of its electric distribution systems and has also granted to the various homeowners receptacle easements providing for access to the area occupied by and centered on the service wires of the various homeowners to permit installation repair or maintenance of each homeowners owned and installed service wires. In addition, the owner of each lot containing a single dwelling unit, or in the case of a multiple dwelling unit structure the Owner/Developer, shall at his or its own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electrical company furnishing service) for the location and installation of the meter of such electric company for each dwelling unit involved. For so long underground service is maintained in the underground residential subdivision the electric service to each dwelling unit therein shall be underground uniformed in character and exclusively of the type known as single phase __________ /120 volt, three wire, 60 cycle, alternating current

The electric company has installed the underground electric distribution system in the underground residential subdivision at no cost to “First” (except for certain conduits, where applicable, and except as hereinafter provided) you First; representation that the underground residential subdivision is being developed for residential dwelling units, including homes and if permitted by the restrictions applicable to such subdivision, townhouse, duplexes and apartments structures, all of which designed to be permanently located where originally constructed (such category of dwelling units exclude mobile homes) which are built for sale or rent and all of which multiple dwelling unit structures are wired areas to provide for separate metering to each dwelling unit. Should the plans of First or the lot owners in the underground residential subdivision be changed so as to permit the erection therein of one or more mobile homes, the electric company shall not be obligated to provide electric service to any such mobile home unless (a) First /Developer has paid to the electric company an amount representing the excess in cost, for the entire underground residential subdivision, of the underground distribution system over the cost of equivalent overhead facilities to serve such subdivision, or (b) the owner of each affected lot, or the applicant for service to any mobile homes, shall pay to the electric company the sum of (1) ( $1.75 per front lot foot, it having been agreed that such amount reasonably represents the excess in cost of the underground distribution system to serve such lot or dwelling unit over the cost of equivalent overhead facilities to serve such lot or dwelling unit, plus (2) the cost of rearranging, and adding any electric facilities serving such lot, which arrangement and/or addition is determined by the electric company t be necessary. Nothing in this paragraph is intended to exclude single metered service to apartment projects under the terms of a separate contract.

The provision of the two preceding paragraphs also apply to any future residential development to Reserve (a) shown on the plat of Lakeside Place Section III, as such plat exist at the execution of the agreement for underground electric service between the electric company and First to thereafter. Specifically, but not by way of limitation, if a lot owner in a former Reserve undertakes some action which would have invoked the above per front lot foot payment if such action had been undertaken in the underground Residential Subdivision, such owner or applicant for service shall pay the electric company $1.75 per front lot foot, unless First/Developer has paid the electric company as above described. The provisions of the two preceding paragraphs do not apply to any future nonresidential development in such Reserve (a).

20. The Lakeside Place Community Association, Inc.

Definitions:

(a) "Association shall mean and refer to Lakeside Place
Community Association, Inc., its successors and assigns. The
Association has the power to collect and disburse those maintenance
assessments as described in Paragraph 21.
(b) "Owner" shall mean and refer to the record owner, whether
one or more persons and entitles of a fee simple title to any lot
which is a part of the properties including contract sellers but
excluding tending those having such interests merely as security for the
performance of an obligated.
(c) AProperties shall mean and refer to the certain real
property hereinbefore described and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
(d) ACommon Area shall mean and refer property owned by
by the Association for the common use and enjoyment of the owners.
The Common Area to be owned by the Association at the time of the
Conveyance of the first lot is described as follows:


Reserve AA@ and AB@ of Lakeside Place Section I as described
in Plat of Record in Volume 190, Page 48, Map Records of Harris
County, Texas.

(e) ALot@ shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties with the exception of the
Common Area and Reserves.

21. Maintenance Assessment’s

First hereby imposes upon each lot within the properties, and the owner of each lot, whether or not it
Shall be so expressed in a deed, is deemed to covenant and agree to pay to the Association the following: (1) Annual assessments or charges to be established and collected as hereinafter provided, and (2) Sspecial assessments for capital improvements. The annual and special assessments, together with interest, cost and reasonable attorney’s fees, shall be a charge on the land and shall be secured by a lien upon the property against which each such assessment is made. Each such assessment together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of such lot at the time when the assessment fall due. Appropriate recitations in the deed conveying each lot will evidence the retention of vendor’s lien by First for the purpose of securing payment of said charge assigned to the Lakeside Place Community Association, Inc., without recourse on First in any manner for the payment of said charge and indebtedness.


22. Purpose of Assessments

The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvements and maintenance of the Common Area. The proceeds of annual or special assessments shall not be used to reimburse First, its successors or assigns, for any capital expenditures incurred in construction or other improvements of Common facility, nor for the operation or maintenance of such facilities incurred prior to their conveyance unencumbered to the Association.

23. Maximum Annual Assessments

`Until January 1 of the year immediately following the conveyance of the First lot to an Owner, the maximum annual assessment shall be ONE HUNDRED EIGHTY DOLLARS ($180.00) per lot.

(A) From and after January 1 of the year immediately following
the conveyance of the first lot to an Owner, the maximum annual
assessment may be increased by the Board of Directors

(B) From and after January 1 of the year immediately following the
conveyance of the first lot to an Owner, the maximum annual assessment
may be increased above three (3%) by a vote of two-thirds (2/3) of each
class of members who are voting in person or by proxy, at a meeting duty
called for this purpose.


24. Special Assessments for Capital Improvements

In addition to the annual assessments authorize above, the Association may levy, in any assessment yet, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto. Any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

25. Owner’s Easement of Enjoyment

Every owner shall have a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every lot subject to the following provisions:

(a) The right of the Association to charge reasonable
admission and other fees for the use of any recreational
facility situated upon the Common Area.

(b) The right of the Association to suspend the voting
rights and the right to the use of the recreation facility
by an owner for any period during which any assessment
against his lot remains unpaid; and for a period not to
exceed sixty (60) days for each infraction of the Association’s
published rules and regulations governing the use of said
facility.

(c) The right of the Association to dedicate or transfer all
or any part of the Common Area to any public agency,
authority or utility for such conditions as may be agreed
to by the members. No such dedication or transfer shall
be effective unless an instrument signed by two-thirds of
each class of the members agreeing to such dedication of
transfer has been recorded in the Harris County Court House.

(d) The right of the Association to collect and disburse those
Funds as set forth in Paragraph 21.

26. Delegation of Use

Any owner may delegate in accordance with the by-laws of the Lakeside Place CIA his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property

27. Membership and Voting Rights

Every owner of a lot which is subject to assessment shall be member of the Association. Memberships shall be appurtenant to and may not be separated from ownership of any lot, which is subject to assessment. The Association shall have two classes of voting membership.


Class A. Class A members shall be all owners with
the exception of First and shall be entitled to one vote for
each lot owner. When more than one person holds an
Interest in any lot, all such persons shall be members. The
vote of such lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast
with respect to a lot.


Class B Class B members shall be First or its
successors and assigns if such successors or assigns should
acquire more than one undeveloped lot from First for the
Purpose of development. Class B members shall be entitled
To four votes for each lot owned. The Class B membership
shall cease and be converted to Class A membership on the
happening of either of the following events, which ever occurs
earlier: (1) When the total votes outstanding in Class A
membership equal the total votes outstanding in Class B
membership including duly annexed areas, but subject to
further cessation in accordance with the limitations set forth in this
paragraph; or (2) on January 1 or 1981.


28. Rate of Assessments

All lots in Lakeside Place Section III shall commence to bear their applicable maintenance fund assessment simultaneously and lots owned by First are not exempt from assessment, lots, which are occupied by residents, shall be subject to the annual assessment determined by the Board of Directors (according to Paragraphs 24 and 29). Lots which are not occupied by a resident and which are owned by First, a builder, or a building company shall be assessed at the rate of one-half (1/2) of the annual assessment above. The rate of assessment for an individual lot, within a calendar year, can change as the characters of ownership and the status of occupancy by a resident change. The applicable assessment for such a lot shall be prorated according to the rate required of each type of ownership.

29. Date of Commencement of Annual Assessments

Due Dates. The annual assessments provided for herein shall commence as to all lots in Lakeside Place Section III when the first lot is deeded by First. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year. The board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The Due Dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specific lot have been paid.

30. Effect of Non-Payment of Assessments


Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property. No owner may waive nor otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot.

31. Subordination of Lien

The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any lot shall not affect the assessment lien. However the sale on transfer of any lot pursuant to mortgage foreclosure or any proceeding lien thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or from the lien thereof.

32. Enforcement

The Association or any owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these deed restrictions. Failure by the Association or by any owner to enforce any covenant or restrictions herein shall in no event be deemed a waiver of the right to do so thereafter.

33. Severability

Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect.

34. Amendment to the Above Deed Restrictions

The covenants and restrictions of this Declaration shall run with the bind the land, or a term of twenty (20) years from the date this Declaration as recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy - five percent (75%) of the Lot Owners. Any amendment must be recorded in the Harris County Court House.

35. Books and Records

The books, records and papers of the Association shall, during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation, By-Laws of the Association, and Restrictive Covenants shall be available for inspection by any member at the principal office of the Association where copies may be purchased at a reasonable cost.


36. Annexation


Additional residential property and common area may be annexed to the properties by the Board of Directors without obtaining homeowners consent.

DATED THIS the 8th day of ____________May______________. 1975.


FIRST GENERAL REALTY CORPORATION
ATTEST: By _____________________________________
____________ _______________ Vice President
Assistant Secretary
COMPANY
INTWEREAL CORPORATION

ATTEST: By__________________________________
Vice President
____________________________
SECRETAY

THE STATE OF TEXAS x

COUNTY OF HARRIS x

BEFORE ME, the undersigned authority, on this day personally appeared _____________
Vice President of First General Realty Corporation, Trustee, a Texas corporation, known to me to be the person and officer whose mane is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated.


GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 8TH DAY OF
May , 1975.


_______________________________
Notary Public in and for
Harris County, T e x a s


THE STATE OF TENNESSEE x

COUNTY OF DAVIDSON x

BEFORE ME, the undersigned authority, on this day personally appeared Marion G. Smith, Jr., Vice President of INTEREAL company corporation, a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7th day of May, 1972.


________________________________
Notary Public in and for
_________________________________
County, Tennessee


36. Annexation
Additional residential property and common area may be annexed to the properties by the Board of Directors without obtaining homeowner’s consent.

DATED THIS the 8th day of May 1975.


FIRST GENERAL REALTY CORPORATION
ATTEST: _____________________________________
___________________________
Assistant Secretary
COMPANY
INTWEREAL CORPORATION

ATTEST: By__________________________________
Vice President
____________________________


THE STATE OF TEXAS

COUNTY OF HARRIS

BEFORE ME, the undersigned authority, on this day personally appeared_____________, Vice President of First General Realty Corporation, trustee, a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same for the purpose and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated.

GIVVEN UNDER MY HAND AND SEAL OF OFFICE, this the 8th day of May, 1975.



Notary Public in and for Harris County, Texas



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