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HomeMy WebLinkAbout2001-467S \Our Documetits\Ordinances\01\Restncnve Covenunts Mamott doc ORDINANCE NO AN ORDINANCE APPROVING RESTRICTIVE COVENANTS BETWEEN THE CITY OF DENTON, JVC PARTNERS, INC AND MARRIOTT RENTALS, INC PERTAINING TO AN AGREEMENT IN LIEU OF ANNEXATION FOR LOT 2, BLOCK 1 OF THE MARRIOTT GARDENS ADDITION, LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD AND NORTH OF HIGHWAY 380, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has initiated the annexation of certain real property under Annexation Case No A01-0004 (the "Annexation Case"), and WHEREAS, the owners of the subject property have requested that the City dismiss the Annexation Case and in lieu of the annexation have offered to enter into Restrictive Covenants, a copy of which are attached hereto and made a part hereof by reference (the "Restrictive Covenants"), and WHEREAS, the City Council finds that the Restrictive Covenants are in the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance as if fully set forth herein SECTION 2 The Mayor of the City of Denton, or her designee, is hereby authorized to execute the Restrictive Covenants on behalf of the City of Denton S CTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 7 day of 2001 ATTEST WALTERS, CfFY SECRETARY :4 W BROCK, MAYOR 4'977 01723 RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } 13040G THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of thegf day of U (yC FyMR &✓ , 2001, by and between the CITY OF DENTON, TEXAS (the "City"), JVC PARTNERS, INC, a Texas Corporation (the "Property Owner"), and MARRIOTT RENTALS, INC ("Marriott") WHEREAS, the Property Owner is the owner of an approximate 28 4215 acre parcel or tract of land located in the Denton County, Texas within the extraterritonal jurisdiction of the City as more particularly described as Lot 2, Block l of the Marriott Gardens Addition according to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas ("Property"), and WHEREAS, Marriott is a lessee on the Property and has made application with the Texas Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an asphalt batch plant on the Property, and WHEREAS, the City has initiated the involuntary annexation of certain real property which includes the Property, pursuant to Annexation Case A01-0004 (the "Annexation Case"), for the public benefit and for the benefit of adjacent properties and the owners thereof, and WHEREAS, the Property Owner has requested that the Annexation Case be dismissed in exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of Property Owner, Marriott, the City, and the property owners adjacent to the Property, and WHEREAS, the beneficiaries of these Restrictive Covenants are the City, Marriott, the Property Owner and the property owners adjacent to the Property, and each has the right to enforce such covenants NOW THEREFORE, in consideration of the covenants contained in these Restrictive Covenants, including the City's dismissal of the Annexation Case, the receipt and sufficiency of which is acknowledged, the City, Marriott and Property Owner agree as follows 1 The Property Owner hereby declares that all of the Property shall be held, sold and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and assigns 4977 01724 2 The Property Owner covenants and agrees with the City that it will not use the Property for any use other than the existing uses and structures or materially expand the existing uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by reference (the "Existing Uses") unless the Property is zoned to allow such other use after the Property is annexed into the City or unless the Property Owner receives the prior written consent of City The term Existing Uses also includes the right to locate, one time only, on the Property a temporary concrete batch plant for the production of concrete for use only on the Property, which right shall expire within six months after the TNRCC issues a permit for the temporary concrete batch plant (the "Temporary Concrete Batch Plant") Property Owner shall not commence construction or development or apply for any permits for uses other than the Existing Uses on the Property, unless the Property Owner first receives City's written consent, or unless the Property has been annexed into the City and is zoned to allow such use If Property Owner breaches its obligations hereunder by commencing construction or development or applying for a permit for a use not allowed hereunder, such actions shall be deemed a request for voluntary annexation by City and the Property shall, at the discretion of the City, be annexed into the City The Property Owner and all of its successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation The Property Owner and Marriott hereby waive any and all vested rights including rights and claims that they may have under Section 43 002 and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the Property, other than the Existing Uses Without limiting the foregoing, this waiver and covenant includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing Uses (the "Batch Plant") Upon execution of these Restrictive Covenants by all parties, the Property Owner and Marnott hereby agree to immediately withdraw all applications for the Batch Plant upon the Property currently pending with any governmental entity and agency Marnott agrees to abide by all of the covenants contained in this Section 2 Further, the Property Owner and Marnott acknowledge and agree that the terms, covenants and agreements contained in these Restrictive Covenants do not constitute actions of the City as contemplated by Subsection 2007 003(a)(3) of the Texas Government Code and the Property Owner and Marnott hereby waive any rights, remedies, claims, and causes of action that they may have under Chapter 2007 of the Texas Government Code against the City in connection therewith 3 In consideration of the covenants and agreements contained herein the City has agreed to dismiss the Annexation Case Further, to the extent permitted by law, so long as there is no breach of the terns or conditions of these Restrictive Covenants, the City agrees not to involuntarily annex the Property for a period of five years from the date of the dismissal of the Annexation Case The Property Owner and Marnott represent and warrant that they are represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the City's dismissal of the Annexation Case and the City's conditional agreement herein not to involuntarily annex the Property are individually and collectively adequate consideration for the Property Owner's and Marnott's promises and covenants herein The City's promise contained in this Section 3 regarding not involuntarily annexing the Property for a period of five years is hereby declared by the parties hereto to be severable If it is determined by a court of competent jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants shall remain in full force and effect as if such provision were not contained herein Page 2 S\Share\LAW WP\Patncia\MARRIOTT\Signed Restncnve Covenant Alt l doe 4977 01725 4 Any person who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice Notice to the City shall be addressed as follows City Manager City of Denton 215 E McKinney Denton, Texas 76201 5 These Restrictive Covenants are to run with the land described herein as the Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Property for a period of fifty years from the date these Restrictive Covenants are recorded These Restrictive Covenants shall not be amended without the prior written consent of the City 6 These Restrictive Covenants may be enforced by the Property Owner, the City, and their successors, heirs or assigns by any proceeding at law or in equity Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter 7 Invalidation of any of the covenants or provisions contained in this instrument by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect 8 No subsequent change in the law shall in anyway affect the validity or enforceability of these Restrictive Covenants 9 This instrument may be separately executed in any number of individual counterparts, and such counterpart signatures, when assembled together, shall constitute one and the same instrument 10 The Property Owner represents and warrants to the City that there are no existing liens affecting the Property If this representation and warranty is inaccurate it shall constitute a breach of the terms and conditions of these Restrictive Covenants written The parties hereto have executed these Restrictive Covenants as of the date first above JVC PARTNERS, INC G�^ By Name Vickie Mamo t President Page 3 S \Share\LAW WP\Patnma\MARRIOTT\Signed Restnetrve Covenant Alt I doe 4977 01726 ,fer K Walters Secretary APPROVED AS TO FORM HET Kml MARRIOT RENTALS, INC CITY OF DENTON, TEXAS BY/mil CA/N f% J lO vV `� v Euhne Brock, Mayor RNEY Page 4 S \Share\LAW WP\Patncta\MARRIOTT\Stgned Restnenve Covenant Alt I doe 4977 01727 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �ay of ( t 2001 by Vickie Marriott, the President of JVC Partners, Inc , a Texas corporation, on behalf of said corporation c000000u0000000c0000000cc�D000c� v DEBBIE E MILLICAN �.A. Notary Public State of Texas g �MyCommission Exp 0216.20038 W00000000000 OOOD000000000000IA STATE OF TEXAS COUNTY OF DENTON Notary Public, —in and for the State of Texas My Commission expires J- I & -ZZ-03 This instrument Twas acknowledged before me on the q,,kay of 1 2001 by Vickie Marriott, the YLLiICIk ( of Marriott Rentals, Inc , a Texas corporation, on behalf of said corporation e10000000001 G ,0000000000000001 DEBBIE E MILLICAN Notary Public, State of Texas My Commission Exp 0216 2003 .,,�".,.' oGOW,>ac0000000000000000000 STATE OF TEXAS COUNTY OF DENTON Notary Public, in and for the State of Texas My Commission expires Z - I & `Z•CZ�3 This instrument was acknowledged before me on the lay of { �' 2001 by Eulme Brock, Mayor of the City of Denton, Texas, on behalf of said city N t Publ , in and for the State of Texas My Commission expires l4 qVl� JFNNIFER K WALTERB Lly Cnmmixuon Expvca ' f December 10, 2002 Page 5 S \Share\LAW WP\Pamcia\MARRIOTT\Stgned Restncuve Covenant Alt I doc 4977 01728 EXHIBIT "A" THE `EXISTING USES" The Existing Uses are described as follows and are located in the structures or buildings as shown below 2281 Masch Branch Road is approximately 11,060 square foot building used for Office/Warehouse purposes 2281 A Masch Branch Road Office Trailer The trailer serves as office 2281 B Masch Branch Road This is a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 C Masch Branch Road This is a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 D Masch Branch Road This is a building approximately 16,000 square feet designed and used for office/warehouse purposes 2281 E Masch Branch This is a building approximately 16,000 square feet designed and used for office/warehouse purposes 2277 Masch Branch Road and Parking Lot This is a building approximately 11,000 square feet designed and used for office/warehouse purposes 2275 Masch Branch Road This is a building approximately 12,000 square feet designed and used for office/warehouse purposes 2269 Masch Branch Road and Parking Lot, Adjoining Fuel Island and Truck Parking Area This is the existing truck shop owned by JTM Two (2) Asphalt Silos & Scales The silos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos Scale House This is a small office type structure used to store computer equipment and serves as an office Two (2) Cement Silos These are used for the storage of cement Guard Trailer This is a trailer used by a night watchman on the Property Page 6 S \Share\LAW WP\Patneta\MARRIOTTIStgned Restnctrve Covenant Alt 1 doe - I 01729 W N N I i M N w I .I N N W N I w Nm a 9 n cwi to I I � I w I w �I I ly tc n �'WIpa _ _x - h w � I 68 I,I yI� h IK Ap Y I U1lt.11 f ..11 111, k �7r rt IJ li 411114li i T Page 7 J 4977 01730 AFTER RECORDING PLFASE RETURN TO Ed Snyder, Deputy City Attorney City of Denton/City Attorney's Office 215 E McKinney Denton, Texas 76201 ANY PROVISION HEREIN WHICH REST RIOTS THE SALE RENTAL, OR Ubb OF THE DESCRIBED REAL PROPERTY BEOAUSE OF COLOR OR RACE IS INVALID AND UNENFO[R{�CEAtlLEUNDER FEDLAALIAW THE STATE OF TEXAS/ COUNTY OF DEMON III I hemby Ce* Het Ihla Irolmmem wu FILED In LM Fit Number eapuenoe On ere tlere and N. tlme W"M Kamm by me and wee Wry RECORDED in Me Ofd.1 P&I, Remme of Ravi Pm .,ty at Donlon Cmnry Te... an DEC 0 5 2001 �g`� EhT NPo COMYCLEAK OWON OCUNtY WWAO DENTON COUNTYCeTX in: CYNTHIA MITCH�LL, COUNTY CLERK On Dec 05 2001 At 10:31am Receipt k: 61063 Recordings 17.60 Doc/Mgmt : 6.00 Doc/Num : 2001-R0130406 Doc/Type a RST Deputy-Cristina