Loading...
2001-467S \Our Documo~ts\Ordman¢cs\Ol~Restrlctlve Covenants Mamott doc AN O~CE ~PROV~G ~ST~CTIVE COVENANTS BET~EN THE CITY OF Ao~ ~ ~ o~ A~IO~ ~O~ ~O~ ~, ~O~ ~ O~ ~ ~O~ O~S ~IO~, ~OC~ ~ ~ ~X~~O~ ~S~IO~ O~ THE CITY OF DENTON A~ BErG GENE~LLY LOCATED ALONG MASCH B~NCH RO~, SOUTH OF ~PTON RO~ A~ NORTH OF HIGHWAY 380, ~ PROVID~G ~ EFFECTIVE DATE ~E~AS, the C~ty of Denton has ~mtmted the ~exat~on of cenmn rem prope~ ~der ~exatmn C~e No A01-0004 (~e "~exatmn Case"), ~d ~E~AS, ~e owners of the subject property have requested that the C~W dmm~ss the ~exat~on C~e ~d ~n heu of the ~exat~on have offered to enter ~nto Resmct~ve Cown~ts, a copy of whmh ~e attached hereto ~d made a p~ hereof by reference (the "Restrictive Coven~ts"), ~d ~E~AS, ~e C~ty Co.mi finds that ~e Resmct~ve Coven~ts ~e m the pubhc ~nterest, NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HEREBY O~A~S SECTION 1 The recitals ~d findings contmned ~n the pre~ble of thru ord~n~ce ~e ~nco~orated into the body of~m ord~n~ce as ~f ~lly set forth hereto SECTION 2 The Mayor of the C~ty of Denton, or her demgnee, ~s hereby authonzed to execute ~e Resmct~ve Coven~ts on behalf of the C~ty of Denton S~CTION 3 Th~s ord~n~ce shall become effective ~edmtely upon ~ts passage ~d approval d yof EUL~E BROCK, ~YOR ATTEST JE~ER WALTERS, C~Y SEC~T~Y 977 01723 RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } THESE Re~tncUve Covenants ("Restrictive Covenants") are made and entered into as of the~.f't-lday of IJ (~.¢ ~.,..t~ ~ , 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 extratemtonal lunsdlctlon 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 ~n the Plat Records of Denton County, Texas ("Property"), and WHEREAS, Mamott 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 baneficlanes 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 977 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 hmitmg 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 Mamott hereby agree to immediately withdraw all applications for the Batch Plant upon the Property currently pending with any governmental entity and agency Mamott agrees to abide by all of the covenants contained in this Section 2 Further, the Property Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained in these Restnctive 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 Mamott 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 terms 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 Mamott 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 Mamott'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 m full force and effect as If such provision were not contained herein Page 2 S \Share\LAW_WP\Pamcm\MARRIOTT\SIgned Restrictive Covenant Alt 1 doc 977 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 RestncUve 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 C~ty Manager City of Denton 215 E McKlnney 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 w~thout the prior written consent of the City 6 These Restrictive Covenants may be enforced by the Property Owner, the C~ty, and their successors, heirs or assigns by any proceeding at law or in equity Fmlure by the Property Owner or the City to enforce any covenant shall in no event be deemed a wmver of the right to do so thereafter 7 Invahdat~on of any of the covenants or provisions contained in th~s 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 remmmng provisions shall remmn in full force and effect 8 No subsequent change in the law shall ~n anyway affect the validity or enforceablhty 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 hens affecting the Property If thru representation and warranty is inaccurate it shall constitute a breach of the terms and condmons of these Restrictive Covenants The parties hereto have executed these Restrictive Covenants as of the date first above written JVC PARTNERS, INC President Page 3 S \Share\LAW_WP~PatncmhMARRIOTT~S~gn~d Restrictive Covenant Alt I doc ~977 gl7~6 MARRIOT RENTALS, INC By CITY OF DENTON, TEXAS Euhne Brock, Mayor "'~nmfer K Walters 'Cxty Secretary APPROVED AS TO FORM Page 4 S \Share\LAW_WPWamcla~vlARRlOTT\SIgned Restrictive Covenant Alt 1 doe 4977 01727 ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) Th~s tnstrument was acknowledged before me on the ay ofvi ~vm~2rl ,2001 by V~ck~e Mamott, the President of JVC Partners, Inc, a Texas corporation, on behalf of smd corporation Notary Pubhc, ~n and for the State of Texas ~ ,~v 'o,~ DEBBIE E MiLLICAN {~ ~ ~ -~-'~ Notary Pubtl¢ State of Texas 0 ~ %~,.f,=MyComrn,~,on~xp 02'~2003~ My Comm,ss,on exp,res c.-~- IO~3 STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ~'~ of _'~,~{~6t._., 2001 by Vmk~e Mamott, the ~X~tt.~o...4 of Marriott Rentals, Inc, a Texas corporation, on behalf of smd corporation ~ ~ooooo~ooc~c~ ~oooooooooo0oOOO~ Notary Pubhc, ~n and for the State of Texas DEBBIE E M~LLICAN ~ -~ Notary Public, St~lo of Texas Commi~tlon Exp 0216 2003~ My Commission expires c~' [ {-a~ 8 My STATE OF TEXAS ) COUNTY OF DENTON ) Thts tnstmment was acknowledged before me on the A~ay of~8~~, 2001 by Euhne Brock, Mayor of the City of Denton, Texas, on behalf of smd city Nt~ eubl~, ~n and ~or the State of Texas , ........ - l~ .... a~NN?~K ~a[*~S ][ My Comm~ssmnexplres / Notary 1 nbhc qrate of Texa~ ]~ Page 5 S 5Sham%LAW_WPXPamcta~A~OT~Slgned Resmet~ve Covenant Alt I doc 977 01728 EXHIBIT "A" THE "EXISTING USES" The Existing Uses are described as follows and are located ~n the structures or buildings as shown below 2281 Maseh Branch Road is approxzmately 11,060 square foot buildang used for Office/Warehouse purposes 2281 A Masch Branch Road Office Trmler The traaler serves as office 2281 B Masch Branch Road Th~s zs a building approxamately 25,000 square feet designed and used for office/warehouse purposes 2281 C Masch Branch Road Thzs is a building approximately 25,000 square feet designed and used for office/warehouse purposes 2281 D Masch Branch Road Th~s is a bml&ng approximately 16,000 square feet designed and used for office/warehouse purposes 2281 E Masch Branch This ~s a bmldlng approximately 16,000 square feet deszgned and used for office/warehouse purposes 2277 Masch Branch Road and Parking Lot Thzs ~s a building approximately 11,000 square feet desagned and used for office/warehouse purposes 2275 Masch Branch Road Th~s is a bmld~ng 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 salos are used for the storage of asphalt The scales are used to weigh the asphalt upon removal from the silos Scale House Th~s ~s 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 Th~s ~s a trailer used by a mght watchman on the Property Page 6 S \Share\LAW_WP\Patnma~MARRIOTTXSIgned Restrictive Covenant Alt 1 doc co Page 7 977 0;730 AFTER RECORDING PLFASE RETURN TO Ed Snyder, Deputy City Attorney City of Denton/City Attorney's Office 215 E McKinney Denton, Texas 76201 DEC 0 5 ZOO1 Ftted fop Reco~d zn= DENTON COUNTY, TX CYNTHIR NITCHELL, COUNTY CLERK On Dec ~5 ~t At 10:31am Receipt #: 61863 Doc/Hgmt : 6.00 Doc/Nua : 2eet-Ret304e6 Doc/Type : RST Deputy -C~tsttna