HomeMy WebLinkAboutDeed RestrictionCRAFT
Jaauary 22, 1996
DEED RESTRICTIONS
THE STATE `OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZOS §
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. The undersigned, Robert Bower, Jr. , an individual (the "Owner") is the owner of the property
described in Exhibit A, which is .attached here for all purposes, (the "Property").
II.
The Owner does hereby impress all of the Property with the following deed restrictions
"Restrictions"), to wit:
'' A. The maximum height of any building is two (2) stories, exclusive of mechanical and
.communication facilities, which shall be limited to 25 feet above the roof.
B. All main buildings shallhave not less than 90 percent of the total exterior walls,
excluding doors, windows and window walls, constructed or faced with brick, stone,
masonry, stucco or precast concrete panels.
i C. Outside. storage is not permitted.
D. All business shall be conducted entirely within a building.
E. All artificial light sources. shall be directed towards the interior of the Property and
away from the. Property's exterior boundaries.
F. No .use shall be located or operated on the Property which involves the emission of
obnoxious odors.
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G. No use shall be located or operated on the Property which emits noise or vibrations
to a level which would constitute a nuisance to residents of any adjoining residential
zoning district.
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Jaauary 22, 1996
`H. The natural area identified on the plat of the Property as the "No-Build Area" will
remain in a natural state for the life of these Restrictions.
L All of the uses in the M-1 Zoning District are permitted, except the following uses
.are expressly prohibited on the Property:
1. Apparel manufacturing;
2. Rubber and plastics product manufacturing;
3 . Transportation component manufacturing;
4. Printing and allied products;
5 . Fabricated metal products manufacturing;
6. Large recycling collection facilities;
7. Small recycling collection facilities;. and
8. Funeral homes.
III.
These restrictions 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.
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IV.
These restrictions may be amended or terminated only after a public .hearing before the -City
Planning and Zoning Commission of the City of College Station, Texas (the"City") and a public
hearing. before and approval by the City Council of the City. Notice of the public hearings must
be given as would be required by law for a zoning change on the Property. The amending or
terminating instrument must be approved as to form by the City Attorney. If the City Council
approves an .amendment or termination of these restrictions, the :Owner must then file the
amending or Germinating instrument. in the Deed Records of the county where the Property is
located at his or her sole. cost and expense before the amendment or termination becomes
effective.
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V.
These restrictions are not intended to restrict the right of the City Council.. of the City to exercise
its legislative duties and powers. insofar as zoning of the Property is concerned.
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January 22, 1996
VI.
The Owner agrees that these restrictions inure to .the benefit of the City. The Owner hereby
.grants the City the right. to enforce these restrictions by any lawful means, including filing an
action in a .court of competent jurisdiction, at law or in equity, against the person violating or
attempting to violate .these restrictions, either to prevent the violation or to require. its correction.
.For further remedy, the Owner agrees that the City may withhold any certificate of occupancy or
final inspection necessary for the lawful. use of the property until these restrictions are complied
with. If the City substantially prevails in a legal proceeding to enforce these restrictions, the
Owner. agrees that the City,shall be entitled to recover damages, reasonable attorney's fees, and
court costs. The right of the City to enforce. these restrictions shall. not.be waived, expressly or
otherwise.
VII.
tall claims
and a auis
e Ci from
The Owner a rees to defend, indemni ,and hold harmless th ry g
g fY
onnection with the rovisions of this. document.
or liabilities arising out of or in c p
- VIII.....
i ~ The rovisions ofthis document are hereby declared covenants running with the land and are fully
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..binding on all successors, heirs, and. assigns. of the Owner who acquire any right,. title, or interest
in or to the Property, or any part thereof. Any person who acquires any right, title,. or interest.
bide b and full
in or to the Property, or .any part thereof, thereby agrees and covenants to a y y
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rform the rovisions of this document.
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IX.
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Unless stated otherwise in this document, .the.: definitions and provisions of the City of College
Station Zoning Ordinance (Ordinance Dumber 1638) as amended, apply and are .incorporated into
if recited in this document.
this document as
X.
to
the laws of the Sta
h 1 be overned b
ent s al
's docum
The Owner understands and agrees that tlu g y
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of Texas.
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January 22, 1996
The invalidation of any provision in this document by -any court shall in no way affect any other
provision,. which shall remain in full force and effect,. and to this end the provisions are declared
to be severable.
EXECUTED this the day of , 1996.
Robert Bower, 7r.
APPROVED AS TO FORM:
City .Attorney
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