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Home My WebLink About04-12-84-12 - Resolution - 04/12/1984RESOLUTION NO.04-12-84-12 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE AN AGREEMENT STYLED "COLLATERAL PERSONAL COVENANTS PERTAINING TO THE USE OF REAL ESTATE" WITH UNITED FOUR JOINT VENTURE, PERTAINING TO THE USE AND VALUE OF CERTAIN PROPERTY DONATED TO THE CITY OF COLLEGE STATION FOR AN ELEVATED WATER TOWER SITE. WHEREAS, United Four Joint Venture has agreed, pursuant to certain conditions and terms, to donate to the City of College Station a site for an elevated water tower, located generally in the neighborhood of Greens Prairie Road and Texas Highway 6, and WHEREAS, the City Manager has recommended the acceptance of said donation together with the collateral personal covenants set forth on the attached agreement, and WHEREAS, the members of this City Council have reviewed the collateral personal covenants, and the necessity and reasons for same, and have approved same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLLEGE STATION: That the Mayor and City Manager are hereby authorized to exe- cute on behalf of the City of College Station the agreement styled "Collateral Personal Covenants Pertaining to the Use of Real Property" attached hereto as Exhibit "A", which is incor- porated herein by this reference for all purposes, and to accept on behalf of the City of College Station the deed to the property described therein, and to accomplish and take such other further actions as shall be necessary to complete said transaction. That this resolution shall be effective immediately upon adop- tion. APPROVED and ADOPTED this 12th ATTEST: -Cf T-Y- SEC~TA~f day of April, 1984. APPROVE~ -. / 00 .323 COLLATERAL PERSONAL COVENANTS PERTAINING TO THE USE OF REAL PROPERT.Y. STATE OF TEXAS ] ] COUNTY OF BRAZOS ] KNOW ALL HEN BY THESE PRESENTS That the UNITED FOUR JOINT VENTURE has this date conveyed by Ceneral Warranty Deed to the CITY OF COLLEGE STATION, certain property more particularly described in a deed of even date herewith, being .876 acres, and a portion of the 750.55 acre tract heretofore conveyed by the administrators of the Cavitt Estate to UNITED FOUR JOINT VENTURE, by deed dated December 16, 1982, and That the CITY OF COLLEGE STATION. and UNITED FOUR JOINT VENTURE have agreed and consented to certain covenants and obligations pertaining to the use of the said real property simultaneously herewith conveyed to the City; N0~, THEREFORE, the parties do a~ree as follows: 1. That upon adequate and sufficient consideration, the following covenants are imposed and shall hereafter be effective between the parties as subsequently set forth. 2. That these covenants shall not run with the property owned by. the undersigned, nor inure to the benefit of the future owners of said property, except as hereinafter provided. No persons shall be entitled to enforce these covenants except for United Four Joint Venture, or its developer/owner assignee, as hereinafter defined and provided for. 3. That United Four Joint Venture shall be entitled to enforce these ~ovenants against the City, for so long as it shall own any undeveloped portion of the above referenced 750.55 acre tract. These covenants shall expire at (a) the end of twenty (20) years, or (b) at such time as United Four Joint Venture or developer/owner assignees have developed and sold all portions of the 750.55 tract, whichever shall occur first. 4. That United Four Joint Venture may only assign its rights to enforce these covenants to a developer/owner of a portion of the above referenced 750.55 acre tract. A "~veloper/owner" shall mean a person (at law) which beneficially owns a parcel and subdivides plats and improves same for sale to future owners, and shall not include an owner for its own use, nor an owner for the primary purpose of leasing to others. No assignment shall be made to a developer/owner of less than fifty (50) acres. EXHIBIT A .... - .... "' ' ' ,..BEGIN at the Eas~ corner of the said 745.83 acre tract, said corner being the intersection of the existing Southwestern right-of-way line of Sta~e Highway 6 and the Northwestern line of Greens Prairie Road; ThencelSouthwest 312 feet along the Northwest right-of-way linc'of Greens Prairie Road to an angle point; Thence Southwest 77 feet. along the Northwest right-of-way of Greens Prairie Road to an angle point; Thence Southwest 119 feet along the Northwest right-of-way of Greens Prairie Road to an angle point; Thence Southwest 442 feet along the Northwest right-of-way of Greens Prairie to an angle point; Thence Northeast 438 feet along a line coincident with the future Southwest right-of-way of State Highway 6 to an iron pin, said pin beigg the POINT OF BEGINNING of this description; THENCE ~; 45' 35' 45" W 200.00 feet to an iron pin for corner; THENCE N 26' 53'-29" E 200.00 feet. to an iron pi'n for 6orner in the future Southwest right-of-%¢ay ~ine of State Highway 6; THENCE along a line coinciden.t with the future Southwest right-of-way line of State Highway 6 to the POINT OF BEGI};NING, the following: S 45' 35' 45" E 200.00 feet to an iro~ pin for corner; S 26" 53' 29" W 200-00 feet conta~ni-~g , ~ 0.876 acres of land, more or less. j,, · / 00. 325 for breach of which a forfeiture occurs, nor a claim for money damages, nor for which any cause of action for nullification, vitation, reformation or modification of deed shall accrue. ' t J. The city of College Station, Texas does hereby agree to indemnify and hold harmless each of the principals of United Four Joint Venture from all suits, actions or claims of any charater, type or description brought or made for or on account of any injuries or damages received or sustained by any person or persons or proper~y arising out of or occasioned by the use by the City of College Station, Texas, it's officials, agents and employees of the property described on Exhibit "A". The city of ~ollege Station shall pay for an appraisal by National Realty Consultants, Inc. of the fair market value (as of the date hereof) of the property described on Exhibit "A" hereto. The above provisions and agreements have been adopted and approved by the parties, and this agreement has been executed this ~1 day of 1984. HAROLD ~gNNI S GOE~iRING - / CAROL S CANARDO C IRZNC W BARBARA ANCONIA CITY OF COLLEGE STATION NORTH B. BARDELL City Manager Executed pursuant to resolution duly passed by the City Council, City College Station, Texas on the~_-day of ~ , 1984. of 00 .326 ~3~ The covenants imposed are as follows: The City, its lessees or assigns, shall be entitled to use the property for a water tower facility' constructed upon a unitary "hydropillar" design. B. Construction of said hydropillar shall be substantially completed within two (2) years from date hereof. C. The site shall be surrounded by a generally opague screen fence, and no storage -of materials or equipment shall be visible outside of the enclosure. The City will plant foliage around the perimeter of the area, using crepe myrtles and other visible plants% and agrees to maintain and replace same as is reasonable and necessary. D. The bydropillar facility shall be painted with a pleasing color; light blue, off-white, sand, or light gray being mutually satisfactory. Any other color must be approved by the City and United Four Joint Venture. E. The City will maintain the facility in accordance with the requirements of its own ordinances pertaining to zoning, landscaping, and appearance. The City will meet or exceed the customary level of maintenance for a Class II park in its parks system in maintaining the visible portions of the site. F. The ~ity will construct a crushed limestone access road, six inches in depth upon the completion of the construction of the tower, which road shall enter the fenced area from Greens Prairie Road. When the Texas Highway Department completes the proposed improvements at Greens Prairie Road and Texas Highway 6, the City will replace the portion of the limestone road outside of the fenced enclosure with a concrete drive from the enclosure to the paved roadway. G. The parties agree to and approve the site diagram attached to this agreement and incorporated by reference. Any material changes shall be approved by both parties. H. In the event that the City actively participates in the development and sale of property southeast of the Greens Prairie Road and Texas State Highway 6 intersection, the accepted name of the research and technical industrial development or park shall be painted on the tower. I. For breach of any term or condition herein, either party shall be limited to affirmative injunctive relief, and no cause of actiom for damages shall ever accrue; nor shall any agreement herein be considered a condition 00 32 ORDER On the 21st day of March, 1984, the City Council heard the termination appeal of Chris Bibeau. The City Attorneys presented evidence as to the grounds for termination. Thereafter, Chris Bibeau represented by his attorney, Wesley Hall, was given an opportunity to be heard and present evidence. Evidence was presented by the City that Chris Bibeau had on several occasions admitted giving his driver's license to another individual to use on December 3, 1983, although he later denied that. There exists a factual dispute concerning whether Chris Bibeau gave his drivers license to another individual to use or whether he lost it. However, it was found by the City Council that there was substantial evidence supporting the decision of Chief Landua that Chris Bibeau lied concerning the incident which occurred on December 3, 1983. The City Council, after delivera- tions, found that Chris Bibeau was justly terminated. ~t was further found that there was substantial evidence supporting the decision of Chief Landua that Chris Bibeau lied concerning the incident that occurred on December 3, 1983. SIGNED this the 12t~ay of April , 1984. MAYOR ~A~ HALTER ATTEST: TARY 00 .328