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HomeMy WebLinkAboutORD 1989-009 ORDINANCE NO. 89-09 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KNOWN AS P_PPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING !�"` SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE G. W. MINTER SURVEY, ABSTRACT NO. 1034 IN THE CITY OF GRAPEVINE, TEXAS, y„�, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE- FAMILY DISTRICT REGULATIONS TO "R-7. 5" SINGLE-FAMILY DISTRICT REGULATIONS; CORRECT- ING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000 .00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED CONlMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, a� required by State statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, �,� conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for ,.,,_�. parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the conqestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, � WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly ;�,,, requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Grapevine, Texas, does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and therefore, feels that a change in zoning classification for the particular piece of ,�.,., property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the following described property, to-wit: Being a tract of land of the the G. W. Minter Survey, Abstract No. 1034, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Exhibit "A" , attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family District Regulations is hereby changed to "R-7 .5" Single-Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73 , as amended. Provided, however, that the property described in Exhibit "B" , attached hereto and made a part hereof, shall be governed by the �.,.� Deed Restrictions in Exhibit "C" , attached hereto and made a part hereof. Section 2 . The City Manager is hereby directed to correct the official zoninq map of the City of Grapevine, Texas, to reflect the herein change in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicabie and pertinent ordinances of the Ci�ty of Grapevine, Texas. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate �� provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of �..:� the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7 . That any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed � � statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more �„,,� than two thousand dollars ($2, 000 . 00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordinance through civil court action as provided by state law. Section 8 . The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is _ accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF '"�` ' GRAPEVINE, TEXAS on this the 17th day of January , 1989 . APPROVED: /��.,,_ Mayor ATTEST: ���� City Secretary APPROVED AS TO FORM AND LEGALITY: �=.m,. ��.� � City Attorney �...,, �Xriltil'1' "H" '1'U FIELD NOTES ORDINANCE NO. 89-09 BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas; and being part of the G.W. Minter Survey, Abstract Number 1034; and being part of that tract of land conveyed to Wesley Andrew Johnson by Deed recorded in Volume 6693, Page 1295, Deed Records, Tarrant County, Texas; and being part of that tract of land conveyed to Roscoe E. Libecap and wife, Jeanne Libecap by Deed recorded in Volume 6176, Page 425, Deed Records, Tarrant County, Texas; and being more particularly described as follows: BEGINNING at a point for corner along the East line of Countryside East Phase 2. an addition to the City of Grapevine, recorded in Volume 388-167, Page 19, Plat Records, Tarrant County, Texas, said point being the Southwest corner of said Wesley Andrew Johnson tract and also being the Northerly most Northwest corner of Stone Gate Phase One, an "�"' addition to the City of Grapevine, recorded in Volume 388-217, Page 63, Plat Records, Tarrant County, Texas; �„ TIiENCE North O1°00'44" East along the East line of said Countryside East Phase 2, and along the West line of said Wesley Andrew Johnson tract passing the Northwest corner of said Wesley Andrew Johnson tract at a distance of 120.40 feet, said point being the Southwest corner of said Libecap tract, continuin� along the West line of said i.ibecap tract, a distance of 356.14 feet to a point for corner, in all a distance of 476.54 feet, to the Northwest corner of said Libecap tract, said point being the Southwest corner of a tract of land conveyed to Edwin D. Johnson recorded in Volume 3631, Page 74, Deed Records, Tarrant County, Texas; TfiENCE South 88°43'08" East along the South line of said Edwin D. Johnson tract and along the North line of said Libecap tract a distance of 141.96 feet to a point for corner along a curve to the left whose chord bears South 02°14'05" West; THENC� in a Southerly direction along eaid curve to the left, through a central angle of 04°46'13", a radius of 1200.00 feet, and an arc length of 99.91 feet, to a point for corner; THENCE South 00°09'O1" East a distance of 244.55 feet to a point for corner, said point being the beginning of a curve to the left whose chord bears South 06°20'41" East; THENCE in a Southerly direction along said curve to the left, through a central angle of 12°23'19", a radius of 300.00 feet, and an arc length of 64.87 feet, to a point for corner �� at the beginning of a curve to the right whose chord bears South 06�22'45" East; �, THENCE in a Southerly direction along said curve to the right, through a central angle of 12°19'•10", a radius of 300.00 feet, and an arc length of 64.51 feet, to a point for corner along the South line of said Wesley Andrew Johnson tract; THENCE South 89°46'S0" West along the South line of said Wesley Andrew Johnson tract a distance of 161.40 feet to the POINT OF BEGINNING and containing 1.578 acres of land more or less. �� � . . . _ .. .u,.w..�a:.:�:<:.��.:�- ._,�,<�:.w.....�r,..�a:s..�;,..:.w.:.r���.,..,..,_.s�.«+wr.a:i:«ci«.i�,.....na � EXHIBIT "B" TO � ` ORDINANCE NO. 89-09 ? 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G��ss 6�- � � ! o0 5� W � ��gene ✓ Co. � PO/N i OF o � (!/o, ; 8 ,� �o BE�'i/NN/NG �°i ged � W , �I �2 p �, �4 `t a/ock 3 P�oPPar � ; � � Ernin De ✓ B/oc� 2 v a an of, ' �3 �Podney D. 7�`iom,c �, :, 3� 38 S9 4� ¢� 4Z 43 5�ie Gc�� G�id� O�e Ted� ���.� ((/O/. 386-Z/ 7� � � �2 5i�1,4D Y G�E,� .. �PoG .. ��/�/E �U e%ck l C�ac� .. � � r� � � 8 � 9 �� �l �Z V !O B�ock 3 � � � NOTE TO FILE Z88-14 was approved by the City Council on January 17 , 1989 , by the passage of Ordinance No. 89-09 . The passage of the zoning case was contingent upon submission of deed restrictions. The two sets of deed restrictions say the same thing in somewhat different terms , the problem is that two different maps were filed as follows: 1 . The first set of deed restrictions were filed by the City Secretary' s office in March, 1989 . Volume 09537 , Pages 1764 � through 1775 with correct map. 2 . The second set of deed restrictions were filed by Community Development in February, 1990 . Volume 09835 , Pages 2213 through 2218 with incorrect map. The property has been developed in accordance with the zoning and deed restrictions; and therefore, no new filing will be made. Jod . Brown Ass ant City Secretary September 25, 1990 , EXHIBIT "C" TO • ORDINANCE NO. 89-09 ' DECLARATION OF COVENANT -r AND � DEED RESTRICTIONS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT Stone Gate Phase #2, LTD. ( "Declarant" ) is the owner in fee simple of certain real property consisting of approximately 1 . 5 acres located in Tarrant County, Texas, a part of what is commonly known as Stone Gate Phase Two, being more particularly described by a metes and bounds description on Exhibit "A" attached hereto and incorporated herein for all purposes ( the "Property" ) . Declarant desires to develop the Property in accordance with the plan (the "Plan" ) attached hereto as Exhibit "B" and incorporated herein for all purposes. Declarant hereby covenants and agrees that Declarant, and its ��s successors and assigns, shall develop the six ( 6) lots on the Property in accordance with R-7 . 5 zoning district regulations of the City of Grapevine, Texas and with the general design and configuration shown on the Plan. Developer does hereby impress the Property with the following deed restrictions, to wit: 1} The lot sizes and widths for all six ( 6 ) lots developed on the 1 . 5 acres shall be as follows: Minimum lot size 9,000 square feet Minimum lot width 75 feet all as specified on the Plan Exhibit "B" attached hereto. 2) A preliminary and final plat of the Property shall be submitted to the City Planning and Zoning Com- mission and the City Council for approval which shall comply with the specifications stated in paragraph 1) above and which conform with the general design and configuration shown on Exhibit "B" attached hereto. Upon a written request being submitted by the Declarant to the City' s Director of Community Development, the City of Grapevine agrees to confirm in writing whether the Property has been developed in compliance with the above-stated restrictions. � These restrictions shall continue in full force and effect for a period of twenty-five { 25 ) years from the date of execution, and shall automatically be extended for additional periods of ten ( 10) years unless terminated in the manner specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Planning and Zoning Commission and the City Council of the City of Grapevine. Notice of such public hearings shall be given as would be required by law for a zoning change on the Property. The City Manager, or designee, through authorization by majority vote of the City Council of the City of Grapevine, Texas, and Stone Gate Phase #2 , LTD, its successors or assigns, must sign a document to be filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Covenant and Deed Restrictions. (j�'� re � � .. '.t} *�i � � � bs� _ k,.: The restrictions contained herein are not in any manner i�tended to restrict the right of the City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of tr�e property is concerned. These restrictions inure to the benefit of the City of Grapevine, and the City of Grapevine does hereby reserve the right to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing or to correct such violation and for further remedy, the City of Grapevine may withhold the Certificate of Occupancy necessary for the lawful use of the Property until such restrictions described herein are fully complied with. These restrictions are hereby declared covenants running with the land shall be fully binding upon all persons acquiring property within the tract described in Exhibit "A" , and any person by acceptance of title to any of the Property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. EXECUTED as of this 14�+h day of l�Rf�'^�i , 1989. STONE GATE #2 , LTD. By: The David Bagwell Company, general partner By: George A. Field, III Chief Operating Officer CITY OF GRAPEVINE, TEXAS � B �.. �s� �. �'2 �.-�,,,y�'��.f y; - Mark W tson, City Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknawledged before me on the ���- day of ��� , 1989, by George A. Field, III as Chief Operating Officer of David Bagwell Company, a Texas corporation, on behalf of said corporation. � " � � � � •` � # s` f =� ' /�f�vwp r�-� , Prin e Name: `JE C1GE D / 0 T Nota Public, State of Texas � � _ My Co,mmi.ssion Expires: � � � � � �� ��3/90 , ..�._ , - ,� ,�..�. _.. _. _. - STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the � day of � , 19$3r_ �y Mark Watson, City Manager of the City of rapevin .. `1� �1 . � Printed Name. �� o Notary Public, State of Texa My Commission Expires: gl�� l q� :s� � � � � � � � . �4 • ��. !y FIELD NOTES � FII:ING A truct or parcel of land situated in the City of Grapevine, Terrant County� Texas; and being p�rt af the G,W. Minter Survey, Abstract Number 1034; and being part of that trFict of lend conveyed to Wesley Andrew Johnson by Ueed recorded in Volume 6893. Page 12y5, Deed Recorde� Tar.rant County, Texas; and being part of that trect of lend conveyed to Roscoe E. Libecep nnd wife, Jeanne Libecap by Deed recorded in Volume 6176, Pege 425, Deed Records, Terrant County� Texas; and being more particularly described as follovs: BGGINNING et � point for corner along the Eaet line of Countryside East Phase 2, an addi.tion to the City of Grepevine, recorded in Volume 388-167, Pa€e 19, Plat Records� Tarrant County� Texas, Faid point being the Soiithwest corner of said Wesley Andrew Johnson trnct and a]Fo heinq the Northerly most Northwest corner of Stone Gate Phase One, an nddition to the City of Grapevine, recorded in Volume 388-217, Page 63, Plat Records, Tarrant County, Texas; THENCE North O1°00'44" E�st along the Eaet line of said Countryside East PhaFe 2, and e.long the West line of snid Wesley Andrew Johnson tract pr�ssin� the Northwest corner of eni.d Wesley Andrew Johneon tract nt a distence of 120.40 feet. said point beinR the SonYhweFt corner of enid l,ibecap trnct, continuin�; alon� the We�t line of said i.ibecap tract� n �iFtnnce of 356. 14 feet to n po�nt for corner� in All a distAnce of 476.54 feet; ,� to the Northwest corner of said Libecap tract� said point being the Southwest corner of''�' tract of ].and conveyed to Edwin D. Johnson recorded in Volume 3631� Page 74, Deed Records, Tarran[ County, Texas; THENCE South 88°43'08" East alonp, the South line of eaid Edvin D. Johnson tract and along the North line of Faid Libecap tract a dietance of 141.96 feet to a point for corner along a curve to tt�e left whose chord bears South 02°14'05" West; THGNC� in a Southerly direction Along said curve to the left, through a central angle of 04°�,6' 13", a radius of 1200.00 feet. and an arc length of 99.91 feet, to a' point for corner; THENCE Sout}i 00°09'O1" East a distAnce of 244.55 feet to a point for cvrner. said point being the beginning of a curve to the left whose chord bears South 06°20'41" East; THGNCE in a SoutherJ.y direction along seid curve to the left� through a central engle of lz°Z3' 19", a radius of 300.00 feet, and an arc length of 64.87 feet, to a point for corner at the beginning of a curve to the right whose chord bears South 06°22'45" East; TIIENCE in a 5outherly direction elong said curve to the right, through a cenCral angle of 12°19'.10", a radius of 3U0.00 feet� and an arc length of 64.51 feet, to a point for corner along the South line of said Wesley Andrew Johnson tract; T}IENCE South $9°46'S0" West along the South line of said Wesley Andrew Johnson tract a distance of 161.40 feet to the PUINT OF BEGINNING and containing 1.578 acres of land more or less. ,�I,, �� �� � �`� � � � � ,. - � � � � , � . _ � � � C:! L`�'t::Jti:J;'.�::.a:::E:.i, �_•. ,^ i Y [:)F �,i;'�,E't:.�J l:f�J i:Y. ¢`'i.' ::t.f.l;; . ..�`:a ����::,�n��'"'�.",.���,.!``,C� �(�:� ;'F;��`-:?- �.J ;��, f�; C�;t T f•! ��._ i h-{i w�; w�`.:;� !�� ?�,i�:�T� C7 F� 1�t-i�::. !.a V�.�.: l.�:1 l'+,t_ �^:f:.�,C:.i�;Ci-�_f�) EJ r a tJ �l� (�., �; ;:,; �_ �:.; �J Y , 1 ,._. i: C:� ......_ 1 !1 I': !�; F1 �� , C: iJ U P.! i 4` � k. ,, r� ., `w7 t�J W. n, ^,i r,� E�. �..i .._ I�d (.) ::. f;: .. l� i J -.._. „CJ U�•:? Y C:I._.E:.f�.'�: �� �:- i:: 1 t.; ,� �'•� L_ i�; ... C ._. i f::' i ? CJ : ��1 1 Y C:)�,. f��f�^,(:.'F:.L'I i�J F::. _ -.,. . . , ... tr,C.,�c � (:_, T nd r..) i��.���..7:L.`::; l ;,.,,, i'i.y,,�,i'i .�:.:, L,r,,T ;�. , l.l"i;_. . ... :_.� f, , � , _,.,s.,, . ,r;,,, i � ':�r i .�F, :�.�[�?(.:�`?. .,.,.w. ;.�f; .,... ...,4_, ,.. , ..., � . . � ^.i t: s::f. ., n f,..Ji i ? ' O �i•!`c:: , ,,.:1"!`s:i; T c:. _ �C: , ,!"`! f•J i i'. i_�... i :[.M f:. a i?:a.`7;..,C�`',==i.!.1:�- ��!>.M' '..�. C::w� `-.�C,l C?;�''M?r �.a . ...., r.."r. i.,.��?...,.., ,. ._ ,w�<_ .� , � ,s�. , r_: � r� i r;r�r;;Jmc �J t �::; ,: �� { iw'Ll �3 �` :; �+Pd Y i:;>�.,.;t�>>�1.'u:.L r)r.d �.�t i 1 C�i i.�:...`.:� i !?:.C� � -: r�,{� <�;r,,!._. i:.��i,t Fi,i_ �:!F: U`�;E.� C1 f� T t-i t�.. L t..::i�.I'.T(�F�.:.) (�;�.:.!�,L_, i�'frt[_)h-'�f<:? Y �.S.._C::^t l J � .:,. :�.i� C;��l L(.::f�; ! �f r�:n,C.:'i:,: .1 :.. 1 PJ��r rs,L_r.;�? f'+,f d!:� ._;C•�F L3 f?.�`s:�?�,!;!..c:r l.1 P,J L;i�::i�<. F f;::,::!`s�:, 'r,,l_ !..,��,:.. �,� .t^i ,� �; � �:_�:� �✓ �' � � i £:.. � � EXHIBIT "C" TO � � ORDINANCE NO. 89-09 . '. � , DECLARATION OF COVENANT � AND � DEED RESTRICTIONS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT Stone Gate Phase Two Partnership, LTD. ( "'Declarant" ) is the owner in fee simple of certain real property consisting of approximately 1. 5 acres located in Tarrant County, Texas, commanly known as Stone Gate � Phase Two, being more particularly described by a metes and bounds description on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property" ) . Declarant desires to develop the Property in accordance with the plan (the "Plan" ) attached hereto as Exhibit "B" and incorporated herein for all purposes. Declarant hereby covenants and agrees that Declarant, and its successors and assigns, shall develop the six ( 6) lots on the Property in accordance with R-7 . 5 zoning district regulations of the City of Grapevine, Texas and with the general design and configuration shown on the Plan. Developer does hereby impress the Property with the following deed restrictions, to wit: 1 ) The lot sizes and widths for all six ( 6) lots developed on the 1. 5 acres shall be as follows: Minimum lot size 9,000 square feet Minimum lot width 75 feet � all as specified on the Plan Exhibit "B" attached �. : hereto. 2) A preliminary and final plat of the Property shall be submitted to the City Planning and Zoning Com- mission and the City Council for approval which shall comply with the specifications stated in paragraph 1) above and which conform with the general design and configuration shown on Exhibit "B"' attached hereto. Upon a written request being submitted by the Declarant to the City' s Director of Community Development, the City of Grapevine agrees to confirm in writing whether the Property has been developed in compliance with the above-stated restrictions. These restrictions shall continue in full force and effect for a period of twenty-five ( 25) years from the date of execution, and shall automatically be extended for additional periods of ten ( 10) years unless terminated in the manner specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Planning and Zoning Commission and the City Council of the City of Grapevine. Notice of such public a. hearings shall be given as would be required by law for a zoning change on the Property. The City Manager, or designee, through authorization , by majority vote of the City Council of the City of Grapevine, Texas, �- and Stone Gate Phase Two Partnership, LTD, its successors or assigns, must sign a document to be filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Covenant and Deed Restrictions. _ . r� �� � £ ` �� � *.� - � w� � . { l � The restrictions contained herein are not in any manner int�nded to restrict the right of the City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of the property is concerned. These restrictions inure to the benefit of the City of Grapevine, and the City of Grapevine does hereby reserve the right to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing or to correct such violation and for further remedy, the City of Grapevine � may withhold the Certificate of Occupancy necessary for the Iawful use of the Property until such restrictions described herein are fully �e. complied with. These restrictions are hereby declared covenants running with the land shall be fully binding upon all persons acquiring property within the tract described in Exhibit "A" , and any person by acceptance of title to any of the Property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. EXECUTED as of this 1��h day of ..�ANUA,Q.y , 1989. STONE GATE PHASE TWO PARTNERSHIP, LTD. By: The David Bagwell Company, general partner By: . -, - ;,i George A. Field, III Chief Operating Officer � ' STATE OF TEXAS ''"� •� COUNTY OF TARRANT This instrument was acknowledged before me on the /7�h day of ,fFlxNA2 Y , 1989, by George A. Field, III as Chief Operating Officer of David Bagwell Company, a Texas corporation, on behalf of said corporation. �2�� /�j�T"`'ow-� Pr i d ame: J ENE tC C- o,g iw oN Not y Public, State of Texas My Gommission Expires: ��3�90 �. �..-� � �� '� _ £ ,' � = a� �: : �; � , ' FIELD NOTES BEIN� a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas; and being part of the G.W. Minter Survey, Abstract Number 1034; and being part of th�t tract of land conveyed to Wesley Andrew Johnson by Deed recorded in Volume 6893, Page 1295, Deed Records, Tarrant County, Texas; and being part of that tract of land conveyed �' to Roscoe E. Libecap and wife, Jeanne Libecap by Deed recorded in Volume 6176, Page 425, Deed Records, Tarrant County, Texas; and being more particularly described as follows: � � BEGINNING at a point for corner along the East line of Countryside East Phase 2, an addition to the City of Grapevine, recorded in Volume 388-167, Page 19, Plat Records, Tarrant County, Texas, eaid point being the Southwest corner of said Wesley Andrew Johnson tract and also being the Northerly most Northwest corner of Stone Gate Phase One, an addition to the City of Grapevine, recorded in Volume 388-217, Page 63, Plat Records, Tarrant County, Texas; THENCE North O1°00'44" East along the East line of said Countryside East Phase 2, and along the West line of said Wesley Andrew Johnson tract passing the Northwest corner of eaid Wesley Andrew Johnson tract at a distance of 120.40 feet, said point being the � Southwest corner of said Libecap tract, continuing along the West line of said iibecap tract, a distance of 356.14 feet to a point for corner, in all a distance of 476.54 feet, to the Northwest corner of said Libecap tract, said point being the Southwest corner of a tract of land conveyed to Edwin D. Johnson recorded in Volume 3631, Page 74, Deed Records, Tarrant County, Texas; THENCE South 88°43'OS" East along the South line of said Edwin D. Johnson tract and along the North line of said Libecap tract a distance of Z41.96 feet to a point for corner along a curve to the left whose chord bears South 02°14'05" West; THENC� in a Southerly direction along said curve to the left, through a central angle of �., z 04°46' 13", a radius of 1200.00 feet, and an arc length of 99.91 feet, to a point for corner; � THENCE South 00°09'O1" East a distance of 244.55 feet to a point for corner, said point being the beginning of a curve to the left whose chord bears South 06°20'41" East; THENCE in a Southerly direction along said curve to the left, through a central angle of 12°23'19", a radius of 300.00 feet, and an arc length of 64.87 feet, to a point for corner at the beginning of a curve to the right whose chord bears South 06°22'45" East; � THENCE in a Southerly direction along said curve to the right, through a central angle of 12°19'•10", a radius of 300.00 feet, and an arc length of 64.51 feet, to a point for corner along the South line of eaid Wesley Andrew Johnson tract; THENCE South 89°46'S0" West along the South line of said Wesley Andrew Johnson tract a distance of 161.40 feet to the POINT OF BEGINNING and containing 1.578 acres of land more or less. � �.�c• �9- TO STONE GATE PHASE TWO i DEED RESTRICTIONS ��:.,,, - ��. :� � ., � gg � _�� -�" ^' ��`F_- F '`M . - . . . . , , E • `YE,�.. �.. 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