Loading...
HomeMy WebLinkAboutLegal DocumentRESTRIC'T'IVE C®VENANT AGREEMENT THE STATE OF TEXAS * THE COUNTY OF BRAZOS KNOW ALL PERSONS BY THESE PRESENTS WHEREAS, the City of College Station, Texas (hereinafter referred to as "College Station") entered into a contract for the purchase of Lots A-2 through A-22 of the Replat of Tract "A" of the Southwood Valley Section 30 Subdivision, an addition to the City of College Station, Brazos County, Texas, (hereinafter referred to in its entirety as the "Subdivision") on March 23, 1995, for the purpose of constructing a public library; WHEREAS, Jeff McDowell and Jim Woods (hereinafter referred to as "McDowelUWoods") are the original owners of all of Lot A-1 of the Replat of Tract "A" of the Southwood Valley Section 30 Subdivision, an addition to the City of College Station, Brazos County, Texas, (hereinafter referred to as the "Real Property") recorded at Volume 2110, Page 166 of the Official Records of Brazos County, Texas; WHEREAS, College. Station entered into a contract for the joint and mutually harmonious development of all the lots in the Replat of Tract "A" in the Southwood Valley Section 30 Subdi- vision, an addition to the City of College Station, Brazos County, Texas, with McDowelUWoods by Cross Access Easement Agreement recorded in Volume 2394 Page 36 of the Official Records of Brazos County, Texas; WHEREAS, College Station purchased Lots A-2 through A-22 of the Subdivision and a portion of Lot A-1 from McDowelUWoods on July 17, 1995; WHEREAS, McDowelUWoods have entered into a contract with jHansen] for the sale of the remainder of Lot A-1 of the Replat of Lot "A" of Southwood Valley Section 30 Subdivision, an addition to the City of College Station, Brazos County, Texas, subject to this Agreement and the restrictive conversant contained herein; WHEREAS, College Station and McDowelUWoods and their assignee, [Hansen] (hereinafter jointly referred to as the "Undersigned Owners") wish to further the harmonious development of the Real Property, WHEREAS, the Undersigned Owners wish to place a restrictive covenant on the Reai Property prohibiting the sale or possession of alcoholic beverages on the Real Property in order to preserve and protect the quality of the Subdivision as a library to be patronized by children; and WI-IEREAS, the purpose of this restrictive covenant is to aid the social welfare of the community and its residents; 1. NOW, THEREFORE,. in consideration of the recitations herein, the Undersigned Owners do hereby impress all of the Real Property with the following deed restriction, to-wit: j s/c/fe b 96/re s c o v. d o c 02/23/96 That no use of any of the Real Property shall be made for the on premises consumption of alcoholic beverages. II. The Undersigned Parties do herein agree to this encumbrance on the Real Property, described in the Replat of Tract "A" of Southwood Valley Section 30 Subdivision, an addition to the City of College Station, Brazos County, Texas, recorded in Volume 2110, Page 166 of the Official Records of Brazos County, Texas. The intent of this restriction is to benefit all of the Undersigned Parties mutually. Further, this restriction is intended to benefit all of the lots in the Subdivision. III. This restriction shall continue in full force and effect for a period of twenty (20) years from the date of execution, and shall automatically be extended for an additional period of ten (10) years unless amended or terminated in the manner specified in this document. IV. This restriction may be amended or terminated only after a public hearing before the City of College Station City Council. Notice of the public heanng must be given as would be required by law for a zoning change on the Real Property. The form of the amending or terminating instrument must be approved by the City of College Station City Attorney. If the City of College Station City Council approves an amendment or termination of this restriction, .the Undersigned Owners must then file the amending or terminating instrument in the Official Records of Brazos County, Texas, before the amendment or termination becomes effective. V. This restriction is a private restriction created by virtue of the City of College Station's real property ownership interests in the Subdivision. This restriction is not intended to restrict the legislative rights of the City of College Station City Council. VI. A. McDowell/Woods agree that this restriction inures to the benefit of the City of College Station. B. The Undersigned Parties further agree that College Station is a third party beneficiary of the restrictive covenant prohibiting the possession or sale of alcoholic beverages on the portion of the Real Property conveyed by deed from McDowell/Woods to [Iiansen] as recorded at Volume ,Page of the Official Records of Brazos County, Texas. VII. McDowelUWoods agree to defend, indemnify, and hold harmless College Station from and against all claims or liabilities arising out of or in connection with the provisions of this Agreement. -2- js/c/feb96/rescov.doc 02/23/9b VIII. If any provision of this Agreement shall be held to be invalid, illegal or unenfarceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Undersigned Parties shall use their best efforts to replace the respective provision or provisions of this Agree- ment with legal terms and conditions approximating the original intent of the parties. If this restrictive covenant is challenged in a court and found to be unenforceable, then the Undersigned Parties agree that the City of College Station City Council may rezone. the Real Property. The Undersigned Parties further agree that no prior nonconforming use status or vested right shall be created or otherwise exist by the possession or sale of alcoholic beverages on the Real Property. IX. A The Undersigned Parties do hereby grant each other the right to enforce this Agree- ment and the restrictive covenant contained herein by any lawful means, including but not limited to the filing of an action in a court of competent jurisdiction, at law or in equity, against the party violating or attempting to violate this Agreement and the restriction .contained herein, either to prevent the violation or to require its correction. B. For further remedy, McDowelUWoods agree that College. Station may withhold or withdraw any certificate of occupancy necessary for the lawful use of the Real Property until this restriction is complied with. C. McDowelUWoods and [Hansen] hereby designate College Station as its. representative in the enforcement of this Agreement and the restriction contained herein for the period of this Agreement. D: If College Station files a legal proceeding to enforce this Agreement and the restriction herein, McDowelUWoods agree that College Station shall be entitled to recover damages, reason- able attorney°s fees, and court costs. %. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the City party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach .excused unless the waiver shall be in writing and signed by the party claimed to have waived. Nor shall the right of College Station to enforce- this restriction shall be waived, expressly or otherwise. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. XI. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement and place the restrictive covenant on the Real Property. The persons executing this Agreement hereby represent and warrant that they have authorization to sign on behalf of their respective corporations, which authorization is attached hereto as Exhib- its Aand B. -3- js/c/feb 96/rescov. doc 02/23/96 XII. The provisions of this document are hereby declared covenants running with the land and are fully binding on all successors, heirs and assigns of the Undersigned Parties who may acquire any right, title or interest in or to the Real Property, or any part thereof. Any party who acquires any right, title, or interest in or to the Real Property, or any part thereof, hereby agrees and cove- nants to abide by and fully perform the provisions of this Agreement and the restrictive covenant contained herein. XIII. The Undersigned Parties agree that this Agreement and the restrictive convenant contained herein may be assigned to [Hansen] and [Hansen] agrees to be bound by the terms and conditions of this Agreement and this restrictive covenant. XIV The Undersigned Parties understand and agree that this Agreement shall be governed by the laws of the State of Texas. Executed this the day of 1996. CITY OF COLLEGE STATION. JEFF MCDOWELL BY: LARRY RINGER, Mayor JIM WOODS ATTEST: CONNIE HOOKS, City Secretary BY: TIM HANSEN, -4- js/c/feb96/rescov. doc 02/23/96 STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged on the day of , 1996, by LARRY RINGER, as Mayor of the City of College Station, a Texas Home Rule Municipal Corporation, on behalf of said corporation. NOTARY PUBLIC in and for the State of Texas STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged on the day of , 199b, by JEFF McDOWELL. NOTARY PUBLIC in the State of Texas STATE OF TEXAS * * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged on the JIM WOODS. day of 199b, by NOTARY PUBLIC in the State of Texas -5- js/c/fe 696/rescov. doc 02/23/96 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged on the day of , 1996, by TIM HANSEN, as of a Texas on behalf of said NOTARY PUBLIC in and for the State of Texas -6- js/c/feb 96/rescov. doc 02/23/96 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged on the day of , 1996, by TIM HANSEN, as of , a Texas . on behalf of said NOTARY PUBLIC in and for the State of Texas -7 ~'s/c/feb96/rescov.doc 02/23/96