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HomeMy WebLinkAboutORD 2012-061M ORDINANCE NO. 2012 -61 AN ORDINANCE AMENDING ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z12 -09 ON A TRACT OF LAND OUT OF THE WILLIAM DRISKILL SURVEY, ABSTRACT NO. 405 DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT TO "R -5.0" ZERO LOT LINE DISTRICT REGULATIONS; CORRECTING 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 COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES, 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 as 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 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 congestion 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, the 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 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 ORD. NO. 2012 -61 2 amended and changed by Zoning Application Z12 -09 to rezone the following described property to -wit: being an 18.864 acre tract of land out of the William Driskill Survey, Abstract No. 405 (2011 Hall- Johnson Road) more fully and completely described in Exhibit "A ", attached hereto and made a part hereof which was previously zoned "PCD" Planned Commerce Development District is hereby changed to "R -5.0" Zero Lot Line District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82 -73, as amended. Provided, however, that the property described in Exhibit "B" shall be governed by the deed restrictions in Exhibit "C ", attached hereto and made a part hereof. Section 2. That the City Manager is hereby directed to correct the official zoning 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 ordinances and all other applicable and pertinent ordinances of the City 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. That 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 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ORD. NO. 2012 -61 3 Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 16th day of October, 2012. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 20th day of November, 2012. APPROVED: \Srll +lte�s, rf j� William D. Tate Mayor ,rf ,9j •qd 7104E11A5f��,1`�, ATTEST: J0 4i t. Brown Cit Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012 -61 4 State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 20th day of November, 2012. Notar Signature My Commission Expires: 01/14/2016 irk ; r: -r E:7AINE FAKER tary Puoiic te of Texas Expire, 01 -14 -2016 ORD. NO. 2012 -61 5 EXHIBIT TO OAD a a 11.- b 1 Page _i of 3„_ LEGAL DESCRIPTION BEING a tract of land out of the William Driskill Survey, Abstract No. 405, Tarrant County, Texas, and being that tract of land as described in deed to TXU Electric Delivery Company as recorded in Instrument No. D207007552, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point for corner from which a 1/2 -inch found iron rod bears North 48 degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right -of -way line of State Highway No. 121, said point also being the called southwest corner of Lot 1, Block 1, Driskill Place, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4494, Plat Records of Tarrant County, Texas (P.R.T.C.T.); THENCE North 89 degrees 46 minutes 29 seconds East, departing said east right -of -way line and along the south line of said Lot 1, Block 1, Driskill Place, a distance of 289.15 feet to a point for the called southeast corner of said Lot 1, Block 1, Driskill Place, from which a 1/2 -inch found iron rod bears North 63 degrees 09 minutes 09 seconds West, 0.29 feet; THENCE North 00 degrees 16 minutes 13 seconds West, a distance of 11.04 feet along the east line of said Lot 1, Block 1, Driskill Place to a point for corner from which a 1/2- inch found iron rod with an illegible cap bears North 55 degrees 49 minutes 30 seconds West, a distance of 0.34 feet, said point being the beginning of a non - tangent curve to the left with a radius of 270.00 feet and whose chord bears North 69 degrees 27 minutes 03 seconds East, 187.55 feet; THENCE Northeasterly, along said curve to the left, and continuing along said east line, through a central angle of 40 degrees 38 minutes 47 seconds, for an arc distance of 191.54 feet to a 1/2 -inch iron rod with yellow plastic cap stamped "HALFF ASSOC." (hereinafter referred to as "with cap ") found for corner at the point of tangency; THENCE North 49 degrees 07 minutes 38 seconds East, continuing along said east line, a distance of 172.40 feet to a 1/2-inch found iron rod with cap stamped "GRANT ENG. ", said corner being on the south right -of -way line of Hall Johnson Road (an 80 foot right - of -way) as dedicated by plat recorded in Cabinet A, Slide 715, P.R.T.C.T., same being located on a curve to the left with a radius of 1,165.00 feet and whose chord bears South 73 degrees 07 minutes 41 seconds East, 234.67 feet; THENCE Southeasterly, departing said east line, and along said south right -of -way line and along said curve to the left, through a central angle of 11 degrees 33 minutes 38 seconds, for an arc distance of 235.06 feet to a 1/2 -inch found iron rod with cap for the northwest corner of Lot 1, Block 1, of the Fellowship of The Parks Addition, an addition to the City of Grapevine, as recorded in Document No. D210320285, O.P.R.T.C.T.; 1_ EXHIBIT TO Page Z- of 3 _ THENCE South 34 degrees 57 minutes 14 seconds West, departing said south right -of- way line, and along the west line of said Fellowship Addition, a distance of 315.78 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 00 degrees 02 minutes 46 seconds East, continuing along said west line, a distance of 114.00 feet to a 1/2 -inch found iron rod with cap for the southwest corner of said Fellowship Addition; THENCE North 89 degrees 51 minutes 04 seconds East, along the south line of said Fellowship Addition, a distance of 443.84 feet to a 1/2 -inch found iron rod with cap for the southeast corner of said Fellowship Addition; THENCE North 41 degrees 44 minutes 56 seconds East, along the east line of said Fellowship Addition, a distance of 412.3 8 feet to a 1/2-inch found iron rod with cap for the most southerly northeast corner of said Fellowship addition, being the northeast corner of said TXU Electric Delivery Company tract, said point being the west line of Crestwood Court, and being South 00 degrees 42 minutes 11 seconds East along said west line, a distance of 14.71 feet from the intersection of said west line with the south line of Hall Johnson Road; THENCE South 00 degrees 42 minutes 11 seconds East, along the east line of said TXU tract and west line of said Crestwood Court, a distance of 479.04 feet to a point for corner from which a 3/4 -inch found iron rod bears South 16 degrees 47 minutes 01 second East, 0.32 feet, said point also being the called northeast corner of Lot 1, Block 1, of the Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8278, P.R.T.C.T.; THENCE South 89 degrees 59 minutes 11 seconds West, departing said west line and along the north line of said CMPA Office addition, a distance of 298.75 feet to a point for corner from which to a 3/4 -inch found iron rod bears North 82 degrees 36 minutes 42 seconds West, 0.34 feet, said point being the called northwest corner of said CMPA Office addition; THENCE South 00 degrees 35 minutes 04 seconds East, along the west line of said CMPA Office Addition, a distance of 855.90 feet to a 3/4 -inch iron rod found in the north line of Hughes Road (a variable width right -of -way) for the southeast corner of said TXU tract; THENCE North 89 degrees 58 minutes 01 second West, along said north right -of -way line of Hughes Road, a distance of 500.47 feet to a 1/2 -inch found iron rod with cap for corner; THENCE North 00 degrees 02 minutes 46 seconds West, departing said north right -of- way line, passing at a distance of 23.23 feet the southeast corner of Lot 1R, Block 1, Unity Church of Northeast Tarrant County Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Document No. EYi�181T_a„TO oRD- Gala. -6/ page _ 3 of D205288771, O.P.R.T.C.T., passing at an additional distance of 573.09 feet the southeast corner of the Vineyards Addition, an addition to the City of Grapevine, according to the plat recorded in Document No. D205288722, O.P.R.T.C.T., and continuing in all a total distance of 850.32 feet to a 5/8 -inch found iron rod with cap stamped "CHEATHAM 2346" for the northeast corner of said Vineyards Addition; THENCE South 89 degrees 24 minutes 25 seconds West, along the north line of said Vineyards Addition, a distance of 300.10 feet to a 1 -inch found iron pipe in the east line of Lot 1, Block 2, of the Driskill Place Addition, an addition to the City of Grapevine, according to the plat recorded in Cabinet A, Slide 5645, P.R.T.C.T., same being a called north corner of said Vineyards Addition; THENCE North 00 degrees 05 minutes 15 seconds West, along the east line of said Driskill Place Addition, a distance of 373.08 feet to a 1/2 -inch found iron rod for the called northeast corner of said Driskill Place Addition; THENCE North 89 degrees 51 minutes 32 seconds West, along the north line of said Driskill Place Addition, a distance of 270.63 feet to a point for the called northwest corner of said Driskill Place Addition, from which a 1/2 -inch found iron rod bears North 48 degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right -of- way line of said State Highway No. 121; THENCE North 00 degrees 42 minutes 19 seconds West, along said east right -of -way line, a distance of 54.96 feet to the POINT OF BEGINNING AND CONTAINING 821,723 square feet or 18.864 acres of land, more or less. ti U i EXHIBIT TO OR Crestwood Hollow, Phase 2 Page _�_ Of o1. Zoning Description BEING a tract of land out of the William Driskill Survey, Abstract No. 405, Tarrant County, Texas, and being part of that tract described in deed to TXU Electric Delivery Company as recorded in Instrument No. D207007552, County Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a corner in the west right -of -way line of Crestwood Ct., and being the northeast corner of Lot 1, Block 1, Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8278,P1at Records, Tarrant County, Texas; THENCE N 89059'11 "W, 298.75 feet with the North property line of said Lot 1, Block 1, the northeast corner of said Lot 1, Block 1; THENCE N 00 035'04 "W, 171.23 feet to the South property line of Lot'l Block 1, of the Fellowship of the Parks Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to Document No. D210320285, said County Records; THENCE N 89 °51'04 "E, 20.03 feet with the south line of said Lot 1 Block 1, Fellowship of the Parks Addition; THENCE N 41044'56"E, 412.38 feet with the East property line of said Lot 1 Block 1, Fellowship of the Parks Addition to a point in the West right -of -way line of said Crestwood Ct.; THENCE S 00042'11 "E, 479.04 feet with the West right -of -way line of said Crestwood Ct. to the Point of Beginning, and containing 93,968 square feet, or 2.157 acres of land more or less. "This document /Exhibit was prepared under 22 TAC 663.21, and does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared ". . Peloton Job No. CDP 12001.1 GRAPEVINE November 06, 2012 G:\JOB \CDP12001.0 - HALL JOHNSON GRAPEVINE\SUR \LEGAL \CDP12001.ZN2.DOCX Page 1 of 1 .......... . . . . .. ...................................................... ............ . . .. .............................. ............................... LOT 1, SLOCK2 DRISKILL PLACE (CAB. A. SLO.10000) P.R.T.C.T. ` �' r HALL JOHNSON RD. (80' RIGHT- OF -WAy) / LOT 1, SLOCKI FELLOWSHIP OF THE PARKS ADDITION / (DOC. NO. D210320285) (( O.P.R.T.C.T. I, N890 51'04 ''E I 20.033'' -- - — - — - — - — - — - — - — - i\i NOOa 35'04 ''W 171.23' EXHIBIT_L TO 090, at Page oZ of TXU ELECTRIC DELIVERY DOC. NO D207007552 O.P.R.T.C.T. N890 59'11"W LLJ N It O O to I Ui 01 �I LU tr I - — - - -� t� C O � o TXU ELECTRIC DELIVERY DOC. NO D207007552 O.P.R.T.C.T. N890 59'11"W LLJ N It O O to I Ui 01 �I LU tr I - — - - -� 298.75' 1 Point of I I Beginning 1 LOTI,BLOCKI VINEYARDS NORTH ADDITION (DOC. NO. 0205288772) I I 1 (CAB. A. SLD. 10559) O.P.R.T.C.T. TXU ELECTRIC DELIVERY I DOC. NO D207007552 I i I O.P.R.T.C.T. I — _ — _ — - — - — --- 1 I I LOT1 BLOCKI Ll 1 INCH = 200 FEET 1 AMENDED PLAT ' This document / Exhibit was prepared under (av ep is i©s I CMPAOFFICE I 22 TAC 663.21, and does not reflect the results of (CAB. A. SLD. 8278) an on the ground survey, and is not to be used to (P.R.T.C,T.) I convey or establish interests in real property except those rights and interests or established by the creation or reconfigurotion of the boundary of the poi politicolsubdivision for which it was prepared ". I I I I ( I LOT 1 R, BLOCKI 1 I I UNITY CHURCH OF NORTHEAS'PTARRANT COUNTY i (DOC. NO. 0205288771) O.P.R.T.C.T. I I 1 I I I I I I I I 1 — _ — _ — _ — _ — _ — - L -_ _ - — _ — _ — - — - — _ — _ — - — _ — - --- — - — _ — - — _ — _ — _ — _ — _. HUGHES RD. (VARIABLE WIDTH RIGHT -OF -WAY) EXHIBIT PROPOSED ZONING FOR CRESTWOOD HOLLOW, PHASE 2 ':g P E LOTO N Situated in the W. Driskill Survey, Abstract Number 405 �� LAND SOLUTIONS City of Grapevine, Tarrant County, Texas 5751 KROGER DR STE. 1851 KELLER, TX 762441817- 562.3350 JOB # CDP 12001 1DRAWN BY: W.Bfades CHECKED BY: T. Bridges I DATE: 11.05.2012 1 PAGE # 1 of 1 EXHIBIT TO 040• Page % of _!Q_,_ DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration ") is made as of the V01 day of 1)eee*"6er2012 by the City of Grapevine, a Texas Home Rule City located principally in Tarrant County, Texas ( "City ") and GVCE, LLC. A Texas limited liability company and /or Assigns residing in Irving, Texas, "Owner ". WHEREAS, Owner is the owner of certain real property located in Tarrant County, Texas, more particularly described in Exhibit `A' attached hereto and incorporated herein for all purposes, also known as Crestwood Hollow Phase 2, Grapevine, Texas (the "Property "); WHEREAS, the Owner has agreed to impose certain restrictions upon the Property which restrictions will be enforceable by the Owner and the City against any owner or subsequent purchaser of the Property; NOW THEREFORE, the Owner declares that the Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants hereinafter set forth. Limitations and Restrictions — The Property shall be developed in accordance with and in compliance with the following: A. R -5.0 Zero - Lot -Line District Regulations of the City shall apply. B. The Property shall be limited to a maximum of three (3) lots. C. Minimum Floor Area: The minimum square footage of a dwelling unit shall not be less than two thousand, four hundred and eighty (2,480) square feet of floor area, excluding garages. D. The minimum roof pitch of any structure shall be eight (8) feet by twelve (12) feet. E. All roofs shall be constructed with composition shingles having a manufacturer's warranty of at least thirty (30) years. F. At least eighty percent (80 %) of the exterior walls and (100 %) of the front elevation walls (other than windows and doors) of the dwelling unit shall be clad in brick, brick veneer, stone, stone veneer, stucco, stucco veneer or Hardi -Plank type siding,provided that no Hardi -Plank type siding will be allowed on the front elevation walls. At least sixty percent (60 %) of the exterior walls (other than windows and doors) of the dwelling unit shall be clad in brick, brick veneer, stone, stone veneer, stucco or stucco veneer. G. All garage doors shall contain decorative wood clad treatment. DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT C TO &Aa a.aa• to i Page _�_ of _6 __, H. Front entry garages shall not be allowed except for a single garage for each dwelling unit that is set back at least twenty (20) feet back from the front building line. I. The front elevation of each dwelling unit clad in brick shall contain a brick soldier course under the front roofline. J. Each dwelling unit shall contain a minimum of two elevation offsets along the front of the dwelling. K. Each dwelling unit shall have a cast stone address plaque. L. Front driveways must be surfaced with exposed aggregate material. M. Each mailbox shall be constructed in the same style and material as the Crestwood Hollow dwelling units. N. Dwelling units shall be eligible for annexation into the Crestwood Hollow Home Owners Association. This provision is subject to execution of an agreement between GVCE, LLC and the Crestwood Hollow HOA regarding the terms of annexation. If an agreement is not reached prior to certificate of occupancy for any home within Crestwood Hollow Phase 2 this provision shall be null and void. 2. Binding Effect and Duration — These covenants shall remain in force and effect for a period of twenty -five (25) years from the date of execution of this instrument and shall be extended for continuous period of five (5) years unless terminated by written agreement of the City and all of the then current owners of the Property. 3. Amendments — This Declaration may be amended only pursuant to a written amendment executed by City and all of the then current owners of the Property and recorded in the Deed Records of Tarrant County, Texas. 4. Enforcement — The City shall have the right (but not the duty) to enforce the provisions of this Declaration. Enforcement shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any part of this Declaration, either to restrain violation or to recover damages. Failure by the City to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees from the non - prevailing party. DECLARATION OF RESTRICTIVE COVENANTS 2 EXHIBIT L' TO 09D oZol l- (v i Page 3 of P,> 5. Severability — Invalidation of any one or more of the covenants, conditions and restrictions contained herein, or any portion thereof, by a judgment or court order shall not affect any of the other provisions herein contained, which shall remain in full force and effect. In the event any provision of the instrument requires an act that would violate any law, ordinance or regulation promulgated by a governmental body having jurisdiction, then the actions so required herein shall be excused and such law, ordinance or regulation shall control. 6. Interpretation — The section headings appearing in this instrument are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section hereof. 7. Exercise of Police Power - Nothing herein, in any manner, shall preclude the City from exercising its police power, including the zoning and rezoning of the Property. EXECUTED as of the date first above written. City Secretary C11 OF GRAPEVINE GRAPE WI I - Rumbelow, City Manager City Attorney V, %%kR114 ; ED TO BY OWNER John F Boyle, J( The State of I e1C aS County of —Fa rrcanJr GVCE, LLC `-" a Texas limited liability company DECLARATION OF RESTRICTIVE COVENANTS 3 BEFORE ME S tok S Q fN (ScxA}e1 EXHIBIT Cr.. TO 6k0•_aa�a- l� l Page Y of _ on this day personally appeared Bruno Rumbelow, City Manager known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1Z +1 day of mbe r• 2012. My Commission E 1�e � "'016 �` '• Notary A •• f ,� Cr 0i iro * a3 t 120 The State of '-re,�G� -s County of bGUa r - xto� /&M N ary Public in and for the State of Texas BEFORE ME i b' L Ya r4 le on this day personally appeared Brad Meyer, Member, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of e,t4 b 1 , 2012. My Commission Expires: C�( U�t& -- No a Public in and f r the State of Texas MILLIE L YARDLEY Notary Pubiic, State of Texas =,sq. MY Commission Expires ✓�� pie ie ++ `'�. {� Jung 08, 2014 DECLARATION OF RESTRICTIVE COVENANTS 4 Exhibit A to Deed Restrictions EXHIBIT (� TO ORD. aola-(o/ Crestwood Hollow, Phase 2 Page ,S' Of (o Zoning Description BEING a tract of land out of the William Driskill Survey, Abstract No. 405, Tarrant County, Texas, and being part of that tract described in deed to TXU Electric Delivery Company as recorded in Instrument No. D207007552, County Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a corner in the west right -of -way line of Crestwood Ct., and being the northeast corner of Lot 1, Block 1, Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8278,P1at Records, Tarrant County, Texas; THENCE N 89"59'1 1 "W, 298.75 feet with the North property line of said Lot 1, Block 1, the northeast corner of said Lot 1, Block 1; THENCE N 00 035'04 "W, 171.23 feet to the South property line of Lot "I Block 1, of the Fellowship of the Parks Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to Document No. D210320285, said County Records; THENCE N 89 °51'04 "E, 20.03 feet with the south line of said Lot 1 Block 1, Fellowship of the Parks Addition; THENCE N 41 044'56 "E, 412.38 feet with the East property line of said Lot 1 Block 1, Fellowship of the Parks Addition to a point in the West right -of -way line of said Crestwood Ct.; THENCE S 00042'11 "E, 479.04 feet with the West right -of -way line of said Crestwood Ct. to the Point of Beginning, and containing 93,968 square feet, or 2.157 acres of land more or less. "This document /Exhibit was prepared under 22 TAC 663.21, and does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared ". . Peloton Job No. CDP12001.1 GRAPEVINE November 06, 2012 G: \JOB \CDP12001.0 - HALL JOHNSON GRAPEVINE \SUR \LEGAL \CDP12001.ZN2.DOCX Page I of 1 ............................................................................................... .. ......... .................... Exhibit A to Deed Restrictions LOT 1, BLOCK2 DRI SKILL PLACE �- (CAB. A. D. 10000) P.R.T.C.T. / , / HALL JOHNSON RD. = (80' RIGHT- OF -WAy) - - - - - - - - - - - / LOT1,SLOCK1 FELLOWSHIP OF / THE PARKS ADDITION /- (DOG. NO. D210320285) r O.P.R.T.C,T. I N890 51'04 ''E 1 20.03' ------------- - - --!�/ I a tK 1> o `f I TXU ELECTRIC DELIVERY 'W DOC, NO D207007552 NOQo 35'04 O.P.R.T.C.T. 171.23' N890 59'11 ''W W N 0 O Cn EXHIBIT e- TO 00. Zola - &i Page (P. Of (a_ I I I al S i � I K v°� I Ui 0. 01 �I LU CI ------ - - - - -� 298.75' I (Point of I \ LOT 1, BLOCK1 I I Beginning I VINEYARDS NORTH ADDITION (DOC. NO. 0205288772) I (CAB. A. SLD. 10559) , C.P,R.T.C.T. I TXU ELECTRIC VERY NOD 0 007 I I O.P.R.T.C.T, I I I -- — - — - — - — --- LOT1 SLOCKI ,I �I E*\6s\)'1jWF 1 INCH = 200 FEET o �7� AMENDED PLAT "This document / Exhibit was prepared under CMPAOFFICE I 22 TAC 663.21, and does not reflect the results Of W (CAB. A. SLD. 8278) an on the ground survey, and is not to be used to (P.R.T.C.T.) I convey or establish interests in real property except QO W v�N' those rights and interests or established by the �N '�ap6 I I creation or reconfiguration of the boundary of the ail for which it was prepared ". I I I I I I LOT IR, BLOCKI I UNITY CHURCH OF NORTHEASTTARRANT COUNTY (DOC. NO. D205288771) I O.P,R.T.C.T. I I I I I I I I I I ' I1— I — - — - — - — - — - — •L - — - — - — - — - — - — - — - — - — - — - J - — - — - — - — - --- — - — - — -- HUGHES RD. (VARIABLE WIDTH RIGHT -OF -WAY) EXHIBIT PROPOSED ZONING FOR PZ CRESTWOOD HOLLOW, PHASE 2 1: w": P E LOTO N Situated in the W. Driskill Survey, Abstract Number 405 LAND SOLUTIONS City of Grapevine, Tarrant County, Texas '51 KROGER DR STE. 1851 KELLER, TX 762441817- 562 -3350 JOB 4 CDP 12001 DRAWN BY: W.Biades CHECKED BY: T. Bridges I DATE: 11. 05.2012 1 PAGE # 1 of 1 By: lw MARY LOUISE GARCIA COUNTY CLERK i t r aZS.��a. CITY OF GRAPEVINE PUBLIC WORKS 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE /PUBLIC WORKS 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: Instrument #: . "x Kra+ D213048631 2/26/2013 12:15 PM D213048631 OPR 17 PGS $76.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: CAMADDOCK