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HomeMy WebLinkAbout2024 01 18 - Deed Restriction - DeepwoodDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEEPWOOD STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF GALVESTON § This Declaration of Covenants, Conditions and Restrictions for Deepwood (this "Declaration") is made on the date hereinafter set forth by the City of Friendswood, Texas, a Texas home -rule municipal corporation (the "Declarant") applicable to the properties acquired by the Declarant through the U.S. Department of Housing and Urban Development's ("HUD") Community Development Block Grant Disaster Recovery ("CDBG-DR") program administered by the Texas General Land Office ("GLO"). WITNESSETH WHEREAS, through CDBG-DR Federal Award Number B-17-DM-48-001, awarded February 9, 2018, as amended August 14, 2018, GLO administers grant funds as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, "Community Development Block Grants/State's Program and Non -Entitlement Grants in Hawaii"), as approved by the Texas Land Commissioner, for facilitating recovery efforts in Presidentially -declared major disaster areas; and WHEREAS, GLO and the Declarant entered into an agreement under the HUD's CDBG- DR program to provide financial assistance with funds appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirement Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate disaster recovery, restoration, and economic revitalization and to affirmatively further fair housing, in accordance with Executive Order 12892, in areas affected by the Texas Hurricane Harvey (DR-4332), which are Presidentially -declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121, et seq.) (the "CDBG-DR Grant"); and WHEREAS, the properties, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, (collectively the "Property") have been acquired by the Declarant utilizing funding from the CDBG-DR Grant; and WHEREAS, in connection with the CDBG-DR Grant, the Declarant has agreed to establish restrictions with respect to the use of the Property that are intended to run with the land, as more fully set forth herein; NOW, THEREFORE, pursuant to the terms of the above -referenced grant program, the following conditions and restrictions shall apply to the Property: Declaration of Covenants, Conditions, and Restrictions , .rage I Compatible Uses. The Property shall be dedicated and maintained in perpetuity as open space, recreational, floodplain, or wetlands management practices. Such uses may include, but not be limited to, parks for outdoor recreational activities; flood control; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with the CDBG-DR Grant and applicable IfUD and/or GLO guidance concerning CDBG-DR use restrictions. 2. Structures. No new structures or improvements shall be erected on the Property other than the following: a. A public facility that is open on all sides and functionally related to a designated open space or recreational use; b. A public restroom; and/or C. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph I above. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to this paragraph shall be floodproofed or elevated to at least the base flood level plus one foot (F) of freeboard, or greater, and be subject to any Federal, State, or local ordinance or other requirement. 3. Disaster Assistance and Flood Insurance. Except as allowed by applicable law and/or regulations, no federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the Property occurring after the date of the Property settlement. 4. Transfer. The Declarant may sell the Property, or any part thereof, at a fair market value; provided that (i) the proceeds will be classified as Program Income and must be returned to the State of Texas; (ii) the conveyance shall incorporate all terms and conditions set forth in this Declaration, and (iii) this Declaration dedicating the Property to be maintained in accordance with the terms herein shall run with the land in perpetuity. 5. Lease. The Declarant can lease the Property to adjacent property owners or other parties in return for a maintenance agreement. The lease must limit uses of the Property to the restrictions above. 6. Inspection. HUD and GLO representatives shall have the right to enter upon the Property, at reasonable times and with reasonable advanced written notice, for the purpose of inspecting the Property to ensure compliance with the terms of this Declaration and of the CDBG-DR grant award. Declaration of Covenants Conditions and Restrictions , Page 2 7. Enforcement. The Declarant, GLO, HUD, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms set forth in (i) this Declaration, (ii) the Property conveyance, and (iii) the CDBG-DR Grant. The relative rights and responsibilities of HUD, the GLO, the Declarant, and any holder(s) of any interest in the Property at the time of enforcement ("Subsequent Holder"), shall include the following: a. HUD and/or GLO will notify the Declarant and any Subsequent Holder in writing and advise them that they have a reasonable period of time of no less than sixty (60) days to correct the violation and b. If the Declarant and/or any Subsequent Holder fails to demonstrate a good -faith effort to come into compliance with the terms of the CDBG-DR Grant within the period specified in Paragraph 7.a above, HUD and/or GLO may enforce the terms of such grant by taking appropriate measures which are allowed under the CDBG- DR Grant. Amendment. These restrictions may be amended upon the signature of the Declarant only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the restrictions. 9. Severability. Should any provision of these restrictions or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of these restrictions and their application shall not be affected and shall remain valid and enforceable. 10. Effect. This Declaration and the covenants set forth herein restricting the use and occupancy of the Property (i) shall be and are covenants running with, touching, and encumbering the Property, binding upon the Declarant and all successors in interest or title, transferees, vendees, lessees, mortgagees, and assigns who are owners and/or users of the Property, and (ii) are not merely personal covenants of the Declarant. This Declaration together with Exhibit "A" constitutes the sole and entire covenants, conditions and restrictions applicable to the Property and supersedes and controls over all restrictive covenants of record as the same pertain to the Property. [Remainder of Page Intentionally Left Blank] Declaration of Covenants Conditions and Restrictions, Page 3 IN WITNESS WHEREOF, the City of Friendswood, the Declarant and owner of the Property have caused this instrument to be executed this leday of January, 2024. DECLARANT: CITY OF FRIENDSWOOD, TEXAS By :z � M D KA RI, City Maniager STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, � W- �MVWIY' , the undersigned notary public, on this day personally appeared MORAD KABIRI, the City Manager of the City of Friendswood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed, SUBSCRIBED AND SWORN before me this day of January, 2024. Q u,d, GI.NQA C. FAiIE K N E R ! '+Ai MY COMMISSION EXPIRES 'Notary Public in and for the State of =<ipv JOIN 1, 2026 Texas � ; ioF NOTARY ID: 125711933 My commission expires: AFTER RECORDING RETURN TO: City of Friendswood Attn: City Secretary 910 S. Friendswood Drive Friendswood, TX 77546 H:Tontracts\Deepwood Deed Restrictions\Deed Restrietions.doex Declaration of Covenants, Conditions, and Restrictions , Page 4 Exhibit A Address: 1307 Deepwood Legal Description: ABST 1515 MCKISSICK SUR LOT 13 & ADJ PRVT R.Q.W. RIO CLARO SUB Lot Thirteen (13), of RIO CLARO SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 88, and transferred to Plat Record 8, Map No. 23, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1309 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 12 & ADJ PRVT R.O.W. RIO CLARO SUB Lot Twelve (12), of RIO CLARO SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 88, and transferred to Plat Record 8, Map No. 23, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1311 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 11 & ADJ PRVT R.O.W. RIO CLARO SUB Lot Eleven (11), of RIO CLARO SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 88, and transferred to Plat Record 8, Map No. 23, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1313 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 10 & ADL PRVT R.O.W. RIO CLARO SUB Lot Ten (10), of RIO CLARO SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 88, and transferred to Plat Record 8, Map No. 23, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1315 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 9 & ADJ PRVT R.Q.W. RIO CLARO SUB Lot Nine (9), of RIO CLARO SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 88, and transferred to Plat Record 8, Map No. 23, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1319 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 2 ALMAS PERDIDAS Lot Two (2), of ALMAS PERDIDAS, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 87, and transferred to Plat Record 1, Map Number 10, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1321 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 3 ALMAS PERDIDAS Lot Three (3), of ALMAS PERDIDAS, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 87, and transferred to Plat Record 1, Map Number 10, of the Map Records in the Office of the County Clerk of Galveston County, Texas. Address: 1323 Deepwood Legal Description: ABST 151 S MCKISSICK SUR LOT 4 ALMAS PERDIDAS Lot Four (4), of ALMAS PERDIDAS, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254-A, Page 87, and transferred to Plat Record 1, Map Number 10, of the Map Records in the Office of the County Clerk of Galveston County, Texas. FILED AND RECORDED Instrument Number: 2024002550 Recording Fee: 45.00 Number Of Pages: 7 Filing and Recording Date: 01/19/2024 1:22PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. x GMves,ton County., 'Texas W NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY - Warning, this document is part of the Official Public Record.