Ordinance No. 11,912ORDINANCE NO. 11,912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE COVENANTS AND RESTRICTIONS FOR JOSEPH
KILGORE LANDS, WHICH IS WITHIN CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby approves the
Covenants and Restrictions for Joseph Kilgore Lands, which is within Chambers County
Improvement District No. 3. Said Covenants and Restrictions are attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative e City Council of the City
vo th
of Baytown this the 12'h day of April, 2012. /
APPROVED AS TO FORM:
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\ \Cobfs0lVegal \Karen \Files \City Council \Ordinances\2012\April 12\ ApprovaloFKilgoreDeclaralions .doc
Mayor
Exhibit "A"
DECLARATION OF COVENANTS AND RESTRICTIONS
(Including Creation of Grand Parkway Protective Zone)
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF CHAMBERS §
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR JOSEPH
KILGORE LANDS (this "Declaration ") is made as of the day of April, 2012 (the
"Effective Date "), by Joseph Kilgore Heirs, a Texas limited partnership ( "Declarant ").
WITNESSETH:
WHEREAS, Declarant is the sole fee owner of the surface estate in certain tracts of land
consisting collectively of 405.44 acres, save and except a portion thereof dedicated for the
proposed Kilgore Parkway and a utility easement in favor of the District, situated in Chambers
County, Texas, said Declarant -owned tracts being more particularly described by metes and
bounds on Exhibit "A" attached hereto and incorporated herein by this reference (the
"Restricted Lands "); and
WHEREAS, the Restricted Lands are within the jurisdiction of the City of Baytown,
Texas, and some portions of the Restricted Lands abut and adjoin the west right -of -way line of
State Highway 99 aWa Grand Parkway, a state highway presently comprised of surface and/or
feeder roads only (the future proposed elevated portions thereof not having yet been constructed
or under way); and
WHEREAS, Declarant desires to create certain restrictions applying to and becoming
covenants running with the Restricted Lands; and
WHEREAS, Declarant desires to restrict portions of the Restricted Lands as described
herein in order to provide a better aesthetic appearance of development within a special zone
comprised of those portions of the Restricted Lands that are within the Parkway Protective Zone
as hereinbelow defined; and
WHEREAS, Declarant desires to hold, sell and convey the Restricted Lands subject to
the following covenants and restrictions, which are for the purpose of establishing and preserving
certain aesthetic qualities and standards in connection with future development, improvement
and use of the Restricted Lands; and
NOW, THEREFORE, Declarant hereby adopts the following covenants and restrictions,
which shall run with the Restricted Lands and will bind all parties having or acquiring any right,
title, or interest therein and inure to the benefit of each Owner thereof, as hereinafter more fully
described and set forth.
ARTICLE I
Definitions
1. "Applicable. Laws" means all laws, statutes, ordinances, rules, orders,
regulations, requirements, court orders and rulings, and other requirements of any federal, state
or'local governmental authorities With jurisdiction over the. Restricted Lands (or relevant portion
thereof, as applicable), including, without limitation, the City Ordinances (as hereinafter
defined), all if and as-amended -from time to time.
2. «Cg" shall mean -the City of Baytown, Texas, a home -Me municipal
corporation located -in Harris and Chambers- County, Texas. Whenever the approval of the City
is required herein, such approval shall mean the approval of the City Manager or his designee.
3. "City OrdinartW. means the Code of Ordinances of the City and Al other (and
future) ordinaam and regulations of the City, if and as Mended from time to time, to the extent
the same are applicable within the Restricted Lands by law or by agreement.
4. "Cog= Recoirds " means the Official Public Records of Chambers County,
Texas.
5. "Dis means Chambers County Improvement District No. I or .any successor
governmental entity thereto.
6. "Green Belt Reserve" means the portion of the Parkway Promotive Zone situated
within one hundred feet (IOW) of the western right- of-way line of the Parkway, on each Separate
Parcel.
7. "Inrnroveln or "Inigrovsmen6l means every item of construction or
erection of man -made iternB upon a Separate Parcel Within the Parkway Protective Zone,
itcluding, but not limited to: buildings;. garages; carports or truckports; dock facilities and ramps;
storage buildings, sheds, and other outbuildings; ground or pad - mounted exterior equipment,
such as, without limitation, HVAC equipment, cQmpressors, generators, dynamos, battery back-
up systems, cranes, signal transmitting or receiving equipment (such :as antennas and satellite
dishes); racks and other structures for stacking or staging of materials; fences, screening,. walls,
and retaining walls; storage, processing or treatment pits, reservoirs, and other similar areas,
whether excavated or created by above- ground structures; stairs and railings; (fixtures; flagpoles;
statuary and sculptures; water towers; storage tanks for water, chemicals or other products or
supplies; and light poles,. standards, fixtures and facilities.
8. Kr" means and refers to the record owner, whether one or more persons: or
entities, of the fee simple. title, to the surface estate in any tract of land which is part of the
Restricted Land, including. contract sellers, but excluding those having such interest merely as
security for the performance of an obligation. If theme. is more than 'onc fee owner of a Separate
Parcel, then `Owner" will mean all such fee owners collectively.
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9. " Parkwa " means the publicly dedicated right -of -way comprising State Highway
99, which is commonly known as Grand Parkway.
10. "ParkwayProtective Zone" means the portion of the Restricted Lands that is
situated within three hundred feet (300') of the westerly right -of -way line of the Parkway.
Notwithstanding any subsequent expansion of the Parkway right -of -way by conveyance,
condemnation or other governmental taking, for purposes of determining the area comprising the
Parkway Protective Zone, the locations of the westerly boundary of the Parkway will be deemed
to be the same as it existed as of the Effective Date hereof.
11. "Restricted Lands" means the surface estate in all of that property described by
metes and bounds on Exhibit "A" attached hereto and incorporated herein by this reference.
12. "Screening" or "Screened"' means, with respect only to the Parkway Protective
Zone, an opaque screen, which must be maintained at all times, made of any combination of the
following that cumulatively equals a minimum of six feet (6') in height:
a. a berm;
b. a fence or wall; or
C. evergreen screening shrubs that reach the required height by the end of the
of the first growing season with no visible breaks between shrubs or other
landscaping
as approved by the Director of the Department of Planning and Development Services of the
City or any successor department responsible for enforcing the City Ordinances. The berm
described in item (i) above may be situated within the Green Belt Reserve. The six -foot (6')
minimum height requirement will not apply to Screening required on the roof of a building,
provided such Screening is of sufficient height to satisfy the requirements of Article VI,
Section 4 hereof.
13. "Separate Parcel" means any portion of the Restricted Lands lying within the
Parkway Protective Zone the fee simple ownership of which is held by one or more separate
Owners, which may include Declarant.
14. "Viewing-Zone"' means the line -of -sight view from any point that is five (5) feet
above the grade throughout the Parkway, within a viewing zone established for each Separate
Parcel by the continued extension (along a straight line trajectory) into and across the Parkway of
two imaginary lines (the "Projection Lines") beginning at the points at which the boundaries of
the Separate Parcel intersect the westernmost boundary of the Parkway Protective Zone (the
"Intersection Points") and extending in each case to the closest point on the western right -of-
way line of the Parkway that is also perpendicular to said right -of -way line. For clarification and
illustration purposes, two (2) diagrams (one depicting the western right -of -way line of the
Parkway as a straight line and other depicting it as a curved line) illustrating how the Viewing
Zone will be determined are attached hereto as Exhibit "B" and incorporated herein by this
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reference. All compliance herewith shall be determined based on the configuration and elevation
of the road Improvements existing in the Parkway on the Effective Date, and any future elevation .
or change in such roadway Improvements in the Parkway shall not alter or affect the Viewing
Zone as it is initially defined and established hereunder.
ARTICLE II
Use of Restricted Lands
1. Permitted Uses. All portions of the Restricted Lands, including each and every
Separate Parcel, may be used for any lawful purpose permitted by this Declaration, the City
Ordinances and other Applicable Laws.
2. Prohibited Uses. No Separate Parcel shall ever be used for any of the following
purposes:
a. any trailer court, mobile home park, manufactured home park, recreational
vehicle park, or single manufactured home or recreational vehicle not
being used for a permitted construction office, lot for sale, lease, or rental
of new or used boats, recreational vehicles, or motorcycles, except the sale
of new and used automobiles shall be permitted and the sale of boats,
motorcycles and all- terrain vehicles may be sold as an incidental part of a
retail business such as Academy, Bass Pro - Shops, and Gander Mountain;
b. any labor camp, junk yard, stock yard as defined in City Ordinances, or
animal raising (other than veterinarian clinics or hospitals, provided such
facilities, have no provision for keeping animals outdoors overnight and
otherwise comply with the provisions hereof);
C. any carnival or amusement park; and
d. any rooming or boarding house or adult day care center (which term shall
not be deemed to include nursing homes and rehabilitory care facilities);
Nothing contained in this subsection shall be construed to prohibit a Separate Parcel of
undeveloped land from being used as necessary to obtain an agricultural extension. for ad
valorem purposes pursuant to Chapter 11 of the Tax Code or to be appraised as agricultural or
open space for ad valorem purposes pursuant to Chapter 23 of the Tax Code.
ARTICLE III
Setbacks and Other Matters
1. Buildim Setbacks. No building or other structure shall be erected within the
Green Belt Reserve. All buildings erected outside the Green Belt Reserve but within the
Parkway Protective Zone shall strictly comply within the requirements of this Declaration. All
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other setbacks pertaining to any part of the Restricted Lands shall be as are set forth in the City
Ordinances as the same shall provide from time to time.
2. Loading Docks. All loading docks in the Parkway Protective Zone must be
screened from public view in a manner approved in writing by the City
ARTICLE IV
Obligation to Enter Into Payment in Lieu of Taxes ( "PILOT" Agreement)
With the City of Baytown
1. PILOT Obligations. Owners of each Separate Parcel with a proposed future
development value equal to or greater than $1,000,000, as determined by the Chambers County
Appraisal District ( 11C_1% must enter into an agreement with the City for the payment in lieu
of ad valorem taxes on such Separate Parcel in the form required by the City (the "PILOT
Agreement"). Any such PILOT Agreement shall not impose an ad valorem tax obligation in
excess of that which the Owner would be obligated to pay had such Owner's Separate Parcel
been annexed by the City for purposes of ad valorem taxation. PILOT Agreements will be
administered and enforced by the City; and Declarant will have no obligation to the City or an
Owner in connection with any such agreement between the City and any third party. Entry into a
PILOT Agreement will be automatically deemed a condition to any construction of
Improvements on a Separate Parcel (unless such Separate Parcel and all improvements and
personal property thereon do not meet the $1,000,000 threshold value provided above).
Notwithstanding anything to the contrary herein, Declarant and any portion of the Restricted
Lands that it owns will not be subject to any requirement to enter into a PILOT Agreement,
unless Declarant constructs, erects, or uses buildings or other permanent structures thereon,
which real and personal property exceeds the $1,000,000 threshold value.
2. Lien to Secure PILOT. To secure the payment of any PILOT and any other
sums due thereunder (including, without limitation, interest, late fees or delinquency charges), a
lien is hereby reserved and created in favor of the City against each Separate Parcel of an Owner
required to enter into a PILOT Agreement pursuant to Section 1 hereof, whether or not such
Owner has actually entered into a PILOT Agreement. The lien reserved and created hereby is
subject only to, and except as expressly set forth to the contrary in this Declaration, shall be
subordinate and inferior to, automatically and without the necessity of another document, any
and all first lien purchase money deeds of trust and liens in favor of third party financial
institutions or representing bona fide seller financing. By accepting a deed to a Separate Parcel,
each Owner of such Separate Parcel expressly grants to the City a lien for the payment of any
PILOT, and such lien shall be binding with a power of sale to enforce such lien by non judicial
foreclosure pursuant to the provisions of Section 51.002 of the Texas Property Code (the
"Code'), or any successor statute governing enforcement of consensual liens on real estate.
Alternatively, the City may institute a suit or proceeding at law or in equity or take any lawful
action to enforce collection of any defaulted payment due the City by reason of the PILOT,
including, but not limited to, an action to foreclose the lien reserved and created herein. Any
foreclosure may be brought by the City in the same manner as an action to foreclose the lien of a
mortgage or deed of trust on real property in accordance with the Code.
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3. Delinquent PILOT. Delinquent PILOT amounts shall be immediately subject to
the same penalties, interest, attorneys' fees and costs of collection as are recoverable by the City
in the case of delinquent ad valorem taxes.
4. Enforcement. The obligations contained in Article V shall be enforceable by the
City and its successors and assigns pursuant to all applicable laws and by all applicable means,
including but not limited to, by an action for damages or an action for an injunction, or both.
Should the City prevail in a suit to enforce the terms and provisions of this Article V, the City
shall also be entitled to recover a reasonable sum as attorney's fees. It is further agreed that if a
suit for injunctive relief is brought for enforcement of this Article V, the party against whom
such suit is brought shall have no right to, and by having accepted any deed or lease of any part
of the property covered by this Declaration shall be conclusively deemed to have covenanted and
agreed not to (and to have waived any right to), urge or assert as a defense that an adequate
remedy at law exists. Each Owner from time to time of any Separate Parcel affected by this
Article IV shall be bound thereby and liable for breaches or defaults thereof related to its
Separate Parcel only during that Owner's ownership of such Separate Parcel, and such Owner
shall not be liable for breaches hereof by any subsequent Owner (or user) of such Separate
Parcel; provided, however, that nothing herein exculpates any Owner who sells a Separate Parcel
from liability to its transferee to the extent the transferring Owner contractually warranted or
guaranteed compliance herewith or contractually agreed to indemnify the subsequent Owner
from any non - compliance existing as of the date of the conveyance of the Separate Parcel to the
new Owner.
ARTICLE V
Termination of Restrictions and Covenants
1. Duration (Other Than Article VI Matters). Each restriction and covenant
contained in this Declaration shall remain in full force and effect until such time, if ever, that the
City approves in a legally- sufficient way the release and discharge of such restriction and
covenant and shall cause to be filed an appropriate document in the County Records evidencing
such release and discharge.
2. Exception for Parkway Protective Zone Restrictions. Notwithstanding the
foregoing, the provisions of this Article V will not apply to the Parkway Protective Zone
Restrictions (as hereinafter defined) and the defined terms as listed therein, the duration of
which shall be governed solely by the terms of Article VI hereof.
ARTICLE VI
Parkway Protective Zone Development and Use Restrictions
1. In addition to the other restrictions and limitations set forth in this Declaration, the
following restrictions and limitations are imposed only with respect to the Parkway Protective
Zone (collectively, the "Parkway Protective Zone Restrictions"), but which in no way limit
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the application of state or local laws pertaining to the Parkway Protective Zone, including, but
not limited to, zoning, sign, and health and safety regulations:
2. Exterior Finishes. Unless specifically approved in advance by the Director of
the Department of Planning and Development Services of the City, no exterior building wall or
projection of a building wall or fagade that is situated in whole or part within the Parkway
Protective Zone may consist of a metal finish, including, without limitation, sheet metal,
corrugated metal, iron or steel of any type. The restriction will not be construed as a prohibition
on the use of metal personnel doors and overhead/roll -up doors or other miscellaneous
architectural features made of metal, such as roof flashing, gutters or the like, within the Parkway
Protective Zone; provided such metal personnel doors and overhead/roll -up doors or other
miscellaneous architectural features made of metal do not constitute fifty percent (50 %) or more
of any such exterior building wall; and, if any such metal features front the Parkway, the
Screening height requirement set forth in Article I, Section I 1 hereof, will increase to eight feet
(8').
3. Equipment on Roof. Any equipment, including, without limitation,
telecommunications equipment, that is affixed to or stored or otherwise located on the roof of
any building within the Parkway Protective Zone, must be situated behind a parapet or otherwise
Screened to the extent that no portion of such equipment can be viewed from the Viewing Zone.
The foregoing restrictions do not apply to (i) antennas installed to facilitate the transmission or
reception of telecommunications equipment if an engineering study is produced which concludes
that such restrictions would materially interfere with the proper functioning of said equipment
and no practical option exists for the positioning of said roof-top communications equipment so
that it toy be Screened as contemplated herein without materially interfering with its
functioning, or (ii) equipment temporarily located on a roof in connection with construction,
repair, replacement or maintenance of the underlying building or repairs or alterations to the
underlying building; provided the construction, repair, replacement or maintenance is diligently
prosecuted once commenced and does not exceed ninety (90) days.
4. Equipment in Exterior Areas. Any equipment affixed, stored or otherwise
located on exterior portions of any part of any Separate Parcel within the Parkway Protective
Zone must be situated behind Screening in such a manner that it is not visible from the Viewing
Zone for that Separate Parcel. The foregoing restriction will not apply to equipment temporarily
located on an exterior portion of the Parkway Protective Zone in connection with construction,
repair, replacement or maintenance of Improvements thereon; provided the construction, repair,
replacement or maintenance is diligently prosecuted once commenced and does not exceed
ninety (90) days.
5. Outside Storage. Any supplies, goods, shipping containers, shipping palettes,
and other materials stored or otherwise located on exterior portions of the Parkway Protective
Zone must be situated behind Screening in such a manner that such materials are not visible from
the Viewing Zone. The foregoing restriction will not apply to materials temporarily located on
exterior portions of the Parkway Protective Zone in connection with construction, repair,
replacement or maintenance of Improvements thereon; provided the construction, repair,
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replam-ment or maintenance is diligently prosecuted once, commenced and dares not exceed
ninety (90) days.
6. Saecial Restriction Withk Green Belt Reserve. Tie portion of the Parkway
Protective Zone - situated within the Cm% = Belt Reserve is hereby restricted in perpetuity as a
green space reserve to be maintained by the pr*perty Owner. Except for a berm eonstructed for
Screening, no Improvements may be constructed in -the Green Belt Reserve and no equipment,
supplies, goods, containers 'and shipping palettes or other materials may be stored or located
thereon. 'Other than the planting and maintenance. of grass and streetscape requirements
contained in the City Ordinancos, no other landscaping is required to be .placed or maintained in
the. Green Belt Reserve, but the Owner or developer of each portion of 'the Green Belt Reserve
may elect to further landscape the Green Belt Reserve on such Separate Parcel, provided any
such further landscaping complies with the City's .streetscape mquireriients, as they now exist or
may be -hereinafter amended. The land situated within the. Green Belt Reserve is included within
the setback and will be credited toward landscaping and/or green space requirements under the
City Ordinances. Regardless of anything contained herein or elsewhere to the coub -ary, the
landscape requirements contained in City Ordinances shall apply to all development in the
Parkway Protective Zone.
7. SImAge. Exterior signage placed within the Parkway Protective Zone and that
either faces the Parkway or is viewable from the Viewing Zone must be.ottached to a building
wall or facade in such a manner that (i) it rests pArellel to and contiguous'with such wall; and (ii)
does not protrude above the roof line-of the building to which it is attached. Signage within the
Parkway Protective Zone may only be used to identify, or -advertise the products or services of,
the occupants of the building to which the signage is attached, or be for directional or opetational
purposes (such as traffic directional signs, loading- zone and similar signs). No mobile or
pQrtable signage shall be allowed nor signage that has flai;hing. lights -or moving characters,
unless such signage is shielded by Screening so that it cannot be seen from the Viewing Zone,
8. Duration; Amendment of Parkway Protective Zone_ corictions. The
Parkway Protective Zone Restrictions (including all provisiops of this Article MI shall be and
are hereby made perpetual and survive any expiration or termination of this Declaration for any
reason. The Parkway Protective Zone Restrictions (and the deed terms for "Separate
Parcel,." "Green Belt Reserve," "Parkway Protective Zone," "Parkway,"
"SEcreening/Sereened" and ' "Viewing Zone" set forth hi 1cIt I hereof), may not be-
amended or modified except by a written instrument excccuted by all of the following:
(a) Declarant, or its successors and assigns;
(b) all Ownets of the land within the Parkway Protective Zone at the time the
east of the requisite signatures is obtained on the amendment;
Zone; and
(c) all holders. of first priority liens on lands within* the Parkway Protective
(d) the City.
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9. Enforcement. The Parkway Protection Zone Restrictions shall be enforceable
exclusively by Declarant, the District, and/or the City, and their respective successors and
assigns, and may be enforced by an action for injunction to restrain or enjoin a violation or
threatened violation of these Parkway Protective Zone Restrictions, or by an action for damages,
or both. All other restrictions and covenants of this Declaration shall be enforceable in the same
fashion and on the same terms by the Owner of any tract or part of the Restricted Lands. If any
such party bringing suit to enforce the terms and provisions hereof shall prevail therein, such
party shall also be entitled to recover therein (or in a separate suit) a reasonable sum as attorney's
fees from the party or parties against whom judgment is rendered. It is further agreed that if a
suit for injunctive relief is brought for enforcement of these Parkway Protective Zone
Restrictions, the party against whom such suit is brought shall have no right to, and by having
accepted any deed or lease of any part of the Parkway Protective Zone shall be conclusively
deemed to have covenanted and agreed not to (and to have waived any right to), urge or assert as
a defense that an adequate remedy at law exists. Under no circumstances is any party who is
subject to these Parkway Protective Zone Restrictions liable for consequential, special or
punitive damages as a result of any breach hereof. Each Owner from time to time of any
Separate Parcel affected by the Parkway Protective Zone shall be bound by these Parkway
Protective Zone Restrictions and liable for breaches or defaults thereof related to its Separate
Parcel only during that Owner's ownership of such Separate Parcel, and such Owner shall not be
liable for breaches hereof by any subsequent Owner (or user) of such Separate Parcel; provided,
however, that nothing herein exculpates any Owner who sells a Separate Parcel from liability to
its transferee to the extent the transferring Owner contractually warranted or guaranteed
compliance herewith or contractually agreed to indemnify the subsequent Owner from any non-
compliance existing as of the date of the conveyance of the Separate Parcel to the new Owner.
ARTICLE VII
General Provisions
1. _Representations by Declarant. Declarant represents and warrants that it owns
fee simple title to the surface estate in the Restricted Lands, subject to all existing liens,
restrictions, easements, rights -of -way, and other encumbrances of record in the County Records.
2. Term: Covenants Run With Land. The term of this Declaration is as set forth
in Article V hereof and Article VI, Section 8 hereof (with respect to the Parkway Protective Zone
Restrictions). The terms and provisions of this Declaration shall run with the Restricted Lands
and bind the Restricted Lands as is explicitly set forth in this Declaration. In the event of a
breach or threatened breach of any of the terms and provisions of this Declaration by any Owner
of a Separate Parcel, both the Declarant and each and every other Owner of a Separate Parcel
shall have a private right of action, including relief at both law and in equity, to assert a claim for
damage allowable by law or a claim for injunctive relief as allowable in equity. In the case of
each and every such action initiated and pursued by Declarant or any Owner of a Separate
Parcel, the claimant therein shall have all of the same rights as are granted in Article VI,
Section 9, concerning suits by the Declarant, the District and/or the City respecting violations or
threatened violations of the Parkway Protective Zone Restrictions.
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3. Limitation of Liabnlixy. Any person acquiring fee or leasehold title to any
Separate Parcel sheW . be bound by this Declaration only -as. to the Separate Parcel acquired by
such person. In addition, such petson shall be bound by this Declaration only during the period
such person is the Owner or Lessee of such Separate Parcel, except as to obligations, liabilities
And responsibilities that accrue during said period of such Owner's ownership or Lessee's
leasehold interest. Although persons may be released herein, the easements, covenants,
conditions, restrictions and encumbrances contained in this Declaration shall continue to be
benefits to and servitudes upon said :tracts running with the Restricted Lands and the Separate
Parcels.
4. Lary Governing. This Declaration shall be governed by and construed in
accordance with the laws of the State of Texas.
5. Successors And Asians: Assignment of Deelarant _Rights. This Declaration,
and all the terns and provisions hereof, shall be binding upon Declarant, its successors; assigns
and successors in- title, and- viQlations of this Declaration by any such parties shall be enjoinable
and actionable as herein provided. The rights: and powers. of Declarant hereunder tnay, be
assigned by Declarant to any -third party who purchase's -all of the Restricted Lands owned by
Declarant, but no such assignment by Declarant shall ever be deemed to have occurred as to any
part of the Restricted Lands unless Declarant expressly and specifically executes and records a.
written assipment of the Declarant's rights under this Declaration,. which express assignment of
Declarant rights. may be included in any- conveyance document or by separate instrument.
Declarant only by specific express recorded -assignment may also convey Deelarant's
enforcement rights under this Declaration to any property -owners association formed to govern
or manage all or any separate and distinct part of'the Restricted Lands as is located within the
Parkway Protective Zone. In the event Declarant should transfer ownership of a portion of the
Restrictied Lands, it inay `alsoi assign the right :and, powers of Declarant to the transferee as- to that
portion transferred only by a specific express and recorded assignment.
6. hyerabillty. This Declaration is, intended to *be performed in accordance with,
and only to the extent permitted by, all applicable laws, ordinances, rules and regulations of
goverrinaental authorities, having jurisdiction. If any provision of this. Declaration,. or the -
application thereof to any person or circumstance, shall,. for any reason or to any extent, be held
to be invalid or unenforceable, then the remainder of this. Declaration and the application of such
provision to other persons or circumstances: shall not be affected thereby, but rather shall be
enforced to. the greatest extent permitted by law.
7. Madinas. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation hereof.
8. Misieeftneons. The singular wherever used herein shall be construed to mean or
include the plural when -applicable, and the necessary grammatical changes required to make the -
provisions hereof apply either to corporations (or other entities) or individuals,,. male or female,
shall in all case be, assumed as though in each case hilly expressed. If any part of this
Declaration shall be in conflict with -any term of a previously recorded deed of conveyance to
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any portion of the Restricted Lands, the term of the prior deed of conveyance shall govern, but
only to the extent of such conflict. If additional restrictions are imposed upon a Separate Parcel
by Declarant in the instrument by which Declarant conveys a Separate Parcel or any portion
thereof, the terms of the deed of conveyance shall be in addition to the Declaration herein and
shall be solely in favor of Declarant unless otherwise specifically stated in the instrument of
conveyance.
9. City Joinder. The City joins in this Declaration for the purposes stated herein,
including, but not limited to, (i) enforcing the requirement to enter into and comply with PILOT
Agreements as provided in Article IV, (ii) agreeing to and accepting the terms of Article VI
hereof (and the related defined terms used therein), and (iii) joining in all amendments or
terminations of this Declaration. The joinder of the City herein shall not be deemed to make the
City primarily responsible (all of which responsibility it hereby expressly disclaims) for
monitoring or enforcement of any requirement of this Declaration (other than Article VI).
10. Limited District Joinder. The District joins in this Declaration solely for
purposes of enforcing the restrictions contained herein. The joinder of the District herein shall
not be deemed to require joinder of the District in any amendments or terminations of this
Declaration.
[REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK —
SIGNATURE PAGES FOLLOW)
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IN WITNESS WHEREOF, this Declaration is executed as of the date set forth below to
be effective as of that date.
DECLARANT:
JOSEPH KILGORE HEIRS, a Texas limited partnership
Member, / 1 1• I ► 1
ber, Administrative
Member, Administrate
Adininistratike Committee
Date: April 92012
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on April �_, 2012, by Stephen H.
Olson, a member of the Administrative Committee of Joseph Kilgore Heirs, a Texas limited
partnership, in that capacity and on behalf of said partnership.
[SEA,f ADRIANIdA GQNZALEZ NOTARY PUBLIC, R
Notary Public, state of Taxes THE STATE OF TEXAS
My Commission Expires
Apth 01. 2014
12
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on April 2012, by John M. Kilgore, V
a member of the Administrative Committee of Joseph Kilgore Heirs, a Texas limited partnership,
on behalf of said limited partnership.
[SEAL Y DONNA L. SCkATTEL
motary Public
STATE OF SAS
of My comm. Exp. Oa -1413
THE STATE OF TEXAS §
COUNTY OF HARRIS §
'476
NOTARY PUBLIC, IN AND FOR
THE STATE OF TEXAS
This instrument was acknowledged before me on April ., 2012, by Wonnie Kilgore,
a member of the Administrative Committee of Joseph or He' exas limited partner�h ,
on behalf of said limited partnership. '
S
[ R. AREUS HEMMEZ OT Y P , IN
my II1�iY 2.4015 AND R
s�'m THE STATE OF TEXAS
f I
Carr
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on April 2012, by Walter Kilgore, a
member of the Administrative Committee of Joseph Kilgore Heirs, a Texas limited partnership,
on behalf of said limited partnership.
ADMANNA GONZAlE1
Notary public. State of Texas NOTARY PUBLIC, IN A R
D
My Commission Expires THE STATE OF TEXA
��. +. `•�� AMU 01, 2014
[JOINDER PAGES FOLL0W1
997215.3
000001 - 700006
13
Joinder Page — City of Baytown, Texas
Declaration of Covenants and Restrictions
Joseph Kilgore Lands
The CITY joins herein for the purposes stated herein and accepts and acknowledges the
benefits of such provisions:
CITY OF BAYTOWN, TEXAS
Robert D. Leiper, City Manager
ATTEST:
0
M
Leticia Brysch, City Clerk
Ignacio Ramirez, Sr., City Attorney
Joinder Page — Chambers Co„ u> ty Improvement District No. 3
Declaration of Covenants and Restrictions
Joseph Kilgore Lands
The CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3 joins herein for the
purposes stated herein and accepts and acknowledges the benefits of such provisions:
CHAMBERS COUNTY IMPROVEMENT
DISTRICT NO.3
0
ATTEST:
M
Exhibits
Exhibit "A" Legal Description of the Entire Restricted Lands
Exhibit "B" Depictions of Viewing Zones Examples
After Recording, Return To:
Robert L. Waters, Esq.
13927 Hartcrest Drive
Cypress, Texas 77429
997215.3
000001- 700006
Exhibit A
Legal Description of the Property
STATE OF TEXAS
COUNTY OF CHAMBERS
A METES AND BOUNDS description of a certain 285.48 acre tract of land in the Jacob Townsend
Survey, Abstract No. 25, and the Chambers County School Land Survey, Abstract No. 321, in
Chambers County, Texas; being all of the remainder of a called 727.871 acre tract of land conveyed
to Joseph Kilgore Heirs in Trustee's Deed recorded In Volume 389, Page 458 of the Chambers County
Deed Records; said 285.48 acre tract of land being more particularly described as follows with all
bearings being based on the Texas Coordinate System, South Central Zone, NAD 83;
BEGINNING at a 5/8 -inch iron rod found marking the northeast corner of said 727.871 acre tract, being
common with a northwest corner of a called 11.89 acre tract conveyed to Coastal Industrial Water
Authority recorded in Volume 313, Page 663 of the Chambers County Deed Records, in the east line of a
called 17.38 acre tract as described in General Warranty Deed recorded in Volume 1006, Page 277 of the
Chambers County Deed Records, from which a found 1-1/2-inch iron pipe bears South 46 °07'24" East,
0.18 feet;
THENCE, South 04 °19'04" West, 2683.79 feet to a set 314 -inch iron rod (with cap stamped "Cotton
Surveying ") for corner in the beginning of a curve to the right;
THENCE, along the arc of said curve to the right, having a radius of 930.06 feet, a central angle of
12 °32'57 ", an arc length of 203.71 feet, and a long chord bearing South 10 °35'34" West, 203.30 feet to a
set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") for corner;
THENCE, South 16 °55'29" West 1096.02. feet to a set 3/4 -inch iron rod (with cap stamped "Cotton
Surveying ") for corner marking the northeast corner of a called 444.7717 acre tract conveyed to Carl Gay
and Greg Angel, Trustee by Deed recorded In Volume (88) 38, Page 529 of the Chambers County
Official Public Records, from which a found 5/8 -inch iron rod bears North 87 137'03" East 0.22 feet;
THENCE, South 87 °37'03" West, along the north line of said 444.7717 acre tract, passing at 274.90 feet a
found 3/4 -inch iron pipe, continuing in all a total distance of 3049.05 feet to a found 5/8 -inch iron rod for
corner marking the northernmost northwest corner of said 444.7717 acre tract;
THENCE, North 01 043033" West, along a west line of the called 727.871 acre tract, being common with
the east line of the B.B.B. &C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a found 2 -inch iron pipe
for corner marking a southern northwest comer of the 727.871 acre tract, being common with the
southwest corner of a called 40.53 acre tract as described in Warranty Deed recorded in Volume (01)
492, Page 326 of the Chambers County Official Public Records;
THENCE, North 80'14'58" East, along the common line the called 727.871 acre tract, and said 40.53
acre tract, 421.47 feet to a found 2 -inch iron pipe for corner marking an interior corner of the called
727.871 acre tract, and the southeast corner of said 40.53 acre tract;
Tract I Jacob Townsend Survey
285.48 Acres Abstract No. 25
THENCE, North 02 039'44" West, along the upper west line of the called 727.871 acre tract and the east
line of said 40.53 acre tract, 2708.36 feet to a found 5/8 -inch iron rod for corner marking the northeast
corner of said 40.53 acre tract being in the south line of a called 59.30 acre tract as described in General
Warranty Deed recorded in Volume (02) 567, Page 784 of the Chambers County Official Public
Records, said iron rod being the occupied northwest corner of the Jacob Townsend Survey, Abstract 25,
from which a found 1/2 -inch iron pipe bears North 55 °28'21" East, 0.37 feet;
THENCE, North 87'04'16" East, along the north line of the called 727.871 acre tract (common with the
north line of the Jacob Townsend Survey, Abstract 25), being common with the south line of said 59.30
acre tract, 1773.49 feet to a found 1/2 -inch iron rod for corner marking the southeast corner of said
59.30 acre tract being common with the southwest corner of a called 20.72 acre tract as described in
General Warranty Deed recorded in Volume (04) 685, Page 596 of the Chambers County Official Public
Records;
THENCE, North 87 °15'45" East, along the north line of the called 727.871 acre tract (common with the
north line of the Jacob Townsend Survey, Abstract 25), being common with the south line of said 20.72
acre tract, passing at 497.90 feet (1.49 feet right) a found 5/8 -inch iron rod marking the southwest comer
of a called 10.363 acre tract as described in Warranty Deed recorded in Volume (00) 455, Page 454 of
the Chambers County Official Public Records, continuing along the north line of the called 727.871 acre
tract passing at 744.80 feet (0.18 feet left) a found 1/2-inch iron rod marking the southeast corner of said
10.363 acre tract and the southwest comer of a called 5.19 acre tract as described in Special Warranty
Deed recorded in Volume (07) 914, Page 044 of the Chambers County Official Public Records,
continuing along the common line of said 5.19 acre tract and the called 727.871 acre tract passing at
992.61 feet (0.23 feet left) a found 5/8 -inch iron rod (with cap stamped "Chandler ") marking the
southeast corner of said 5.19 acre tract, being in the west line of a called 2.8977 acre tract (Parcel No. 3)
as described in Report of Commissioners recorded in Volume 22, Page 642 of the Chambers County
Deed Records, continuing with the north line of the called 727.871 acre tract in all a total distance of
1579.36 feet to the POINT OF BEGINNING, CONTAINING 285.48 acres of land in Chambers
County, Texas, as shown on Drawing No. 6562 (OS) in the office of Cotton Surveying Company in
Houston, Texas.
Tract II
129.96 Acres
STATE OF TEXAS
COUNTY OF CHAMBERS
Jacob Townsend Survey
Abstract No. 25
A METES AND BOUNDS description of a certain 129.96 acre tract of land in the Jacob Townsend
Survey, Abstract No. 25 in Chambers County, Texas; being a portion of a called 424.881 acre tract of
land conveyed to Joseph Kilgore Heirs in Trustee's Deed recorded in Volume 389, Page 465 of the
Chambers County Deed Records; said 129.96 acre tract of land being more particularly described as
follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83;
BEGINNING at a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") in the north line of the
said 424.881 acre tract (common with the north line of the Jacob Townsend Survey, Abstract 25), said
iron rod also marking the northwest corner of a called 40.801 acre tract (Parcel 18) as described in
Second Amended Notice of Lis Pendens recorded in Volume (07) 934, Page 280 of the Chambers County
Official Public Records;
THENCE, South 29°47'53" West, along the west line of said 40.801 acre tract being the west right -of-
way line of State Highway 99, passing at 627.30 feet (0.20 feet left) a found 5/8 -inch iron rod (with
TxDOT cap), passing at 1627.21 feet a found 5/8 -inch iron rod (with TxDOT cap), passing at 2627.09
feet (0.51 feet left) a found 5/8 -inch iron rod (with TxDOT cap, bent), continuing in all a total distance
of 2795.10 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") at the beginning of a
curve to the left, from which a found 5/8 -inch iron rod (with TxDOT cap) bears South 47 °57'10" East,
0.22 feet;
THENCE, along the arc of said curve to the left, having a radius of 4019.72 feet, a central angle of
23 018'04 ", a chord length of 1623.51 feet, and a long chord bearing South 18 °08'51" West, passing at an
arc length of 875.59 feet (0.23 feet left) a found 5/8 -inch iron rod, continuing in all a total arc length of
1634.75 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") for corner in the south line
of the aforementioned 424.881 acre tract, said iron rod also marking the southwest corner of said 40.801
acre tract, being common with the northeast corner of a called 93.30329 acre tract described in Special
Warranty Deed recorded in Volume (07) 953, Page 023 of the Chambers County Official Public Records,
from which a found 5/8- inch iron rod bears South 54°25'54" West, 1.15 feet;
THENCE. South 87 °39'30" West, along the south line of said 424.881 acre tract (common with the south
line of the Jacob Townsend Survey, Abstract 25) being common with the north line of said 93.30329 acre
tract, 1005.32 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton Surveying ") for corner marking
the southwest corner of said 424.881 acre tract, being in the occupied east right -of -way line of
Needlepoint Road (as described in the parent tract deed);
THENCE, along the west line of said 424.881 acre tract, described as being common with the occupied
east right -of -way line of Needlepoint Road the following nine (9) courses and distances:
1. North 16 °24'09" East. 1157.81 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton
Surveying ") for comer;
Tract 11
129.96 Acres
Jacob Townsend Survey
Abstract No. 25
2. North 15 019'42" East,
41.33 feet
to a set 3/4 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
3. North 15 023'18" East,
55.80 feet
to a set 3/4 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
4. North 17 110'54" East,
45.19 feet
to a set 3/4 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
5. North 08 °38'17" East,
37.06 feet
to a set 3/4 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
6. North 02°31'50" East,
54.46 feet
to a set 314 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
7. North 01 °57'55" East,
47.69 feet
to a set 3/4 -inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
8. North 01 °22'26" East,
524.57 feet to a set 3/4 -Inch
iron rod (with
cap
stamped "Cotton
Surveying ") for corner;
9. North 04 °28'33" East, 2045.44 feet to a set 3/4 -inch iron rod (with cap stamped "Cotton
Surveying ") for corner marking the northwest corner of said 424.881 acre tract, being in the
south line of a called 3.577 acre tract as described in Volume (96) 294, Page 518 of the
Chambers County Official Public Records;
THENCE, North 89012'24" East, with the north line of said 424.881 acre tract (common with the north
line of the Jacob Townsend Survey, Abstract 25) being common with the south line of said 3.577 acre
tract, and a called 32.10 acre tract as described in General Warranty Deed recorded in Volume (02) 549,
Page 766 of the Chambers County Official Public Records, 1407.80 feet to a found 2 -inch iron pipe for
corner marking the southeast corner of said 32.10 acre tract, being the same as the southwest corner of a
called 154.072 acre tract as described in Special Warranty Deed recorded in Volume (07) 974, Page 393
of the Chambers County Official Public Records;
THENCE, North 87034'17" East, along the north line of said 424.881 acre tract and the south line of said
154.072 acre tract, 944.50 feet to the POINT OF BEGINNING, CONTAINING 129.96 acres of land In
Chambers County, Texas, as shown on Drawing No. 6562 (OS) in the office of Cotton Surveying
Company in Houston, Texas.
SAVE AND EXCEPT THE FOLLOWING:
1. The real property granted under the Donation Deed to Chambers County, Texas, dated March
10, 2009, and filed of record under Volume 1148, Page 480 of the Official Public Records of Chambers
County, Texas; and
2. The real property granted under the Right -of -Way Donation Deed to Chambers County, Texas,
dated February 28, 2011, and filed of record under Volume 1276, Page 16 of the Official Public Records
of Chambers County, Texas.
EXHIBIT "B"
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