HomeMy WebLinkAboutOrdinance No. 2021-32ORDINANCE NO.2021-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING APPENDIX "C"
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS, SECTION 3, "PROVISION FOR
OFFICIAL ZONING MAP", REZONING THE PROPERTY
LOCATED AT 1550 WEST BOULEVARD BEING 11.92
ACRES ALSO KNOWN AS RESTRICTED RESERVE A IN
THE FINAL PLAT OF WEST RANCH SCHOOL SITE, A
SUBDIVISION OF 12.07 ACRES OF LAND LOCATED IN THE
JOHN DICKINSON SURVEY, A-9, ALSO BEING A PORTION
OF LOTS 148-452 OF THE SLONE SUBDIVISION AS
RECORDED UNDER VOL. 3 PAGE 61A, GCMR GALVESTON
COUNTY, CITY OF FRIENDSWOOD, TEXAS, FOR A
SPECIFIC USE PERMIT (SUP) TO ALLOW NAICS USE MI11,
ELEMENTARY AND SECONDARY SCHOOLS FOR THE
NEW CLINE ELEMENTARY SCHOOL SITE PURSUANT TO
THE ATTACHED SITE PLANS INCLUDED IN EXHIBIT `B";
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL
ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION
OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, Friendswood Independent School District, (the "Owner"), represented by Erich
Kreiter, owner of real property located within the City located at 1550 West Boulevard being 11.92
acres, also known as Restricted Reserve A in the Final Plat of West Ranch School Site, a subdivision
of 12.07 acres of land located in the John Dickinson Survey, A-9, also being a portion of lots 148-
452 of the Slone Subdivision as recorded under Vol. 3 Page 61 A, GCMR Galveston County, City of
Friendswood, Texas, as also depicted in Exhibit "A" incorporated herein by reference, (the
"Property"); and
WHEREAS, the Owner previously made application to the City to change the zoning
classification of the Property for a Specific Use Permit (SUP) to allow NAICS Use #6111
Elementary and Secondary Schools that will overlay the described property which is zoned Planned
Unit Development (PUD) pursuant to the attached site plans included in Exhibit `B" and
incorporated by reference, all as more specifically provided herein; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in
the time and manner required by law and the City Code of Ordinances, public hearings on such
request, allowing all persons attending to be heard on the question of whether the changes of the uses
being requested would affect the public health, safety, or general welfare of the citizens of
Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends aooroval of the application.
WHEREAS, the City Council deems it appropriate to grant such request, subject to
applicable regulations, restrictions, exceptions and conditions; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies with
the applicable provisions of the City Charter, City Code and all other applicable laws; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct and incorporated by reference, including the representations of
Applicant, (as referenced in its application for SUP), the final report from the Planning & Zoning
Commission, and the minutes of City Council, which City Council is specifically relying upon in
granting this SUP, as provided hereafter.
Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision
for Official Zoning Map," is hereby amended, rezoning the Property identified in the attached
Exhibit "A", to allow a Specific Use Permit (SUP) to allow NAICS Use #6111 Elementary and
Secondary Schools that will overlay the described property which is zoned Planned Unit
Development (PUD) pursuant to the attached site plans included in Exhibit `B."
Ord. No. 2021-32 2
Section 3. The Official Zoning Map of the City of Friendswood shall be revised and
amended to show the designation of the Property, as described and as provided in Section 2 above,
with the appropriate reference thereon to the number and effective date of this Ordinance, and a
brief description of the nature of the change.
Section 4. This Ordinance shall in no manner amend, change, supplement or revise any
provision of any ordinance of the City of Friendswood, save and except the change in zoning
classification of said Property as described above.
Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance shall
for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any and every part of the same, notwithstanding the omission of
any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 6. Any person who fails to comply with any provision of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to
exceed $2,000.00. Each act of violation and each day upon which any such violation shall occur
shall constitute a separate offense.
PASSED AND APPROVED on first
ATTU4
LETICIA BRYSCH, Ci e aetary
APPROVED AS TO FORM:
MARYWCAY FIKCHER, City Attorney
Ord. No. 2021-32
eadin is 1st day of NOVEMBER, 2021.
r
Mayor
OF FFUENOSlp
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srgTE OF S�i'P
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PASSED, APPROVED AND ADOPTED on second and final reading this 6th day of
DECEMBER, 2021.
MI I' FO AN, Mayor
AT EST:
LLYTICIA BRYSCH, City Se retary
APPROVED AS TO FORM:
MARY Y FI$UHEF, City Attorney
Ord. No. 2021-32
EXHIBIT "A"
n City of Friendswood — Community Development
910 S. Friendswood DriveFdendswood, TX 77546
Phone: 281-996-3201 Fax: 281-996-3260
ww.cl.fdendswood.lx.us
CM/ of FfbadswO
Zone Change Application AUG 0 9 2021
aenlvede
CURRENT ZONE OF PROPERTY: PUD
TYPE OF ZONE CHANGE (check one):
❑ Land Use Change to Zone: ❑ Specific Use Permit Option 1
❑ Planned Unit Development Option 1 K Specific Use Permit Option 2
❑ Planned Unit Development Option 2 SUP for Use(s) N:
PROPERTY IDENTIFICATION:
Address: On Friendswood Lakes Blvd & West Blvd
Platted Land — Plat Name: West Ranch School Site Lot: 0 Block: 1
Unplatted Land —Attach a certified metes and bounds description
OWNER NAME: Friendswood Independent School District
Owner's Mailing Address: 302 Laurel Drive
City: Friendswood State: TX
Owner's Emall Address: ekreiter@fisdkl 2.net
AGENT'S NAME: PBK Architects, Inc.
Zip: 77546
Phone: 281-482-1267
Fax:
713-965-0608
Agent's Mailing Address: 11 Greenway Plaza, 22nd Floor
City: Houston State: TX Zip: 77046 Fax: 713-961-4571
Agent's Email Address: lay.kim@pbk.00m
In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written
representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the
City of Friendswood shall rely upon the agent's representations in matters pertaining to the above described
property. The designation of an agent In this matter In no way absolves the owner of any of the owner's
responsibilities outlined by the City of Fdendswood. The owner must be the legal owner of record of the property at
the time of submittal of the application.
The undersigned hereby reque oval by the City ounciI on the above identified zone change.
Owner's Signature Date:
Agent's Signature: Dale:
Application Number: l�' — 4A
Received By: Received Date:
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: Sign on Property: "
Ramed 11-01-09 Page 1 of 2
DEED OF GIFT
WEST RANCH SCHOOL SITE
Date Settenlher 12, 2016
Grantor Autumn Creek Development, Ltd.
Grantor's Mailing Address
681 Greens Parkway, Suite 220
Houston, TX 77067
Grantee Friendswood Independent School District
Grantee's Mailing Address -
302 Laurel Drive
Friendswood, Texas 77546
Consideration
Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is bereby
acknowledged.
Property
The surface estate of 11.92 acres and being all of Restricted Reserve "A" of West
Ranch School Site according to the plat thereof recorded December I P, 2015 under
Clerk's File No 2015077521 of the Real Property Records of Galveston County,
Texas, and more particularly described on Exhibit "A" attached hereto.
Matters Affecting Conveyance and Warranty
The exception and reservation of all oil, gas and other minerals in, on and underthe Property,
which minerals were excepted and reserved by predecessor or predecessors in title of
Grantor, and which exception is made in favor of present owner or owners of such minerals
as their interests may appear of record in Galveston County, Texas.
2. All rights, obligations and other matters emanating from and existing by reason of the
creation, establishment, maintenance and operation of the West Ranch Management District
("WRMD"), within whosejurisdiction the Property is located in its entirety.
3. The Property is and shall be subject to those covenants, conditions, and restrictions contained
in the "Protective Covenants" attached hereto as Exhibit `B" and made a part hereof for all
purposes to the same extent as if fully set out in length herein.
4. By virtue of the Supplementary Declaration of Covenants, Conditions, and Restrictions and
Annexation of West Ranch School Site into the jurisdiction of the West Ranch Community
Association executed by Grantor and recorded under File No. 2016033043 of the Real
Property Records of Galveston County, Texas, the Property is and shall be subject to that
Restated and Amended Declaration of Covenants, Conditions, and Restrictions for West
Ranch ("Declaration") executed by Grantor and recorded under File No. 2012007855, of the
Real Property Records of Galveston County, Texas, reference to which instrument is here
made for all purposes. For so long as Grantee owns the Property, the Property shall be
considered an exempted property and will not be subject to regular and special assessments
provided for in the Declaration or other governing documents of the West Ranch Community
Association. Furthermore, Grantor and Grantee hereby agree that to the extent that the
wou amen school site DW
provisions, terms, and conditions of the Declaration and/or the governing documents of the
West Ranch Community Association are more restrictive to Grantee than the provisions and
Protective Covenants set forth in this deed, the provisions and Protective Covenants in this
deed shall control. To the extent Grantee is required to obtain approvals pursuant to the
Declaration, the Protective Covenants in this deed, and/or the governing documents of the
West Ranch Community Association, Grantor, and not the community association, shall
retain the right to grant such approvals to Grantee.
5. This conveyance is a gift by Grantor to Grantee, and the consideration for the conveyance
shall be the mutual benefits derived by each party from this conveyance and Grantee's
adherence to the requirements to the terms of the grant.
6. This conveyance is subject to all matters of record in Galveston County, Texas, validly
subsisting against and affecting the Property on this date, except prior conveyances and
monetary encumbrances. The entire mineral estate in the Property has been reserved by
Gramor's predecessors in title.
7. Grantor reserves, together with the right of assignment in whole or in part, multiple
easements on and along the boundaries of the Property for utility lines and for drainage, for
public and private purposes withoutjoinder of Grantee; provided, however, that any such use
shall not unreasonably interfere with Grantee's use of the Property as a public school and
related or ancillary operationsor any otherrights specifically granted to Gmmeeherein. Such
easements include (but are not limited to) easements for underground electrical distribution,
natural gas transmission, telephony, cable television and similar services.
S. All improvements on the Property shall be constructed, maintained, repaired and/or replaced
to appear and remain in good condition. The Property shall be kept at all times in a sanitary,
healthful and attractive condition. No portion of the Property or the improvements shall be
used for the exterior storage of materials or equipment without screening of the materials or
equipment ,
9. Notwithstanding any other term of this Deed of Gift, if following construction and initial
commencement of public school and related or ancillary operations, the property ceases to
be used for the purposes stated above for a consecutive period of twelve (12) months, except
in the event of a fence majeure event that interrupts Grantee's use, or in the wire of re-
construction activities related thereto, title to the Property may, at Grantor's sole election and
upon written notice to Grantee, revert to and become vested in Grantor; provided, however,
-- that all restrictive covenants of this Deed of Gift shall cease to exist and be of no further force
or effect with respect to the land to which title reverts in Grantor, and further provided that
Grantor shall reimburse Grantee (no later than the date of such reversion) for the depreciated
value of improvements, to the extent necessary to avoid a gift of public funds by Grantee.
10. It is not the intent of the Grantor or Grantee, or Grantor's or Grantee's successors or assigns,
to provide third party beneficiary status or right of enforcemwt to any resident or any other
entity that is not a party to this Deed. Grantee has the sole discretion to determine, impose,
and enforce regulations related to the use and maintenance of the Property subject to this
Deed; provided, however, that this restriction shall in no manner diminish the rights that
Grantor has reserved in this Deed.
Nothing in this Deed of Gift, including reference to any instrument of record, shall have the effect of
confirming or recognizing the validity of any instrument or right which had, on or immediately prior to this
date, expired or lapsed by its terms or otherwise.
Weer Ranch sr .1 site DOG
The reservations, conditions, covenants, exceptions and restrictions set out in this Deed of Gift and the
obligations that are the undertakings of Grantee and its successors and assigns recited in this Deed of Gift
shall be covenants running with the land and shall be binding on Grantee and its successors and assigns.
For the consideration and subject to the reservations, conditions, exceptions and other matters set out in this
Deed of Gift, including the Matters Affecting Conveyance and Warranty, Grantor grants and conveys the
property to Grantee, together with all in singular the rights and appurtenances thereto and any wise
belonging, to have and to hold unto Grantee, and Grantee's successors and assigns for as long as the
conditions of this Deed of Gift are satisfied. Grantor binds Grantor and Grantor's successors and assigns to
warrant and forever defend all and singular the Property to Grantee and to Grantee's successors and assigns
against every person whosoever lawfully claiming or to claim the some or any part thereof, except as to the
Matters Affecting Conveyance and Warranty, when the claims are by, through and under Grantor, but not
otherwise.
When the context requires, singular nouns and pronouns shall include the plural. Titles used in this Deed
are used for convenience only and shall not limit or affect the content.
It is expressly agreed that the Grantor makes no warranTy,, either express or implied, as to the physical
condition of the property and/or premises and/or improvements herein conveyed. The property and
premises and any improvements are conveyed in "AS IS CONDITION", after inspection by Grantee. This
provision is part of the consideration for the execution of this Deed of Gift by the Grantor herein and such
Warranty Deed would not have been executed but for this provision. The recordation of this instrument by
Grantee, or anyone acting on its behalf, conclusively evidences the acceptance of this conveyance subject
to the provisions of this paragraph. .
The reservations, covenants, and restrictions set forth in this deed shall be covenants running with the land
for the benefit of Grantor and shall be binding on Grantee, its successors and assigns. Grantee has executed
this Deed of Gift for purposes of acknowledging acceptance of this instrument and to evidence its assent to
the terms and provisions of the instrument.
"Grantor"
AUTUMN CREEK DEVELOPMENT, LTD.
a Texas limited partnership
By: Lemrar Texas 1"Hy1pmg Company, a Texas Corporation,
its General Pinter _.
"Grantee"
FRIEND OOD INDEPENDW SCHOOL DISAL.RTRICT
By:
ebecca Hiller urg, Board Presiden
West E ch School Site DOG
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on � e 2016 by John W.
Hammond, Vice-president of Leaner Texas Holding Company, a etas core on, as General Partner of
Autumn Creek Development, Ltd., on behalf of said limited partnership.
®MONICA0 VEG6 DUFFIELG
Notar0181y 10 M 6606916
My Commission Expires Notary Public, State 0 p
eya,,,a Feareary 29, 2020
STATE OF TEXAS
COUNTY OF(Mlupsion
This instrument was acknowledged before me on Il1LL] . 2016 by Dr. Rebecca
Hillenburg, Board President of fsienA}wMd i S , a 011wP_ s6nal dkinif on
behalf of said corporation.
TPMMYJ0 LGCI(LFM
NOTAflVF'UGLIC
state of Texas
'•,3 •••tip'' Cmm. E, 06.2oa2a
After Recording please return to:
Friendswood Development Company
681 Greens Parkway, Suite 220
Houston, TX 77067
Attn: Monica Vega -Duffield
I
WW Ranch School site DOG
EXHIBIT "A"
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6
West Renck School Site DOC
EXHIBIT "B"
PROTECTIVE COVENANTS
The Property shall be developed, improved, sold, used and enjoyed in accordance with, and subject
to the following plan of development, including the covenants, conditions and restrictions hereinafter set
forth (the "Protective Covenants"), all of which are hereby adopted for, and placed upon said Property and
shall ran with the Property and be binding upon all parties, now and in any time hereafter, having or
claiming any right, title or interest in the Property or any part thereof; their heirs, executors, administrators,
successors and assigns, regardless of the source ol� or the manner in which such right, title or interest is or
may be acquired; provided, however, these Protective Covenants shall cease to exist and be of no further
force or effect any time that title to the Property is revested in Grantor, its successors or assigns. These
Protective Covenants may only be amended by written agreement between Grantor and Grantee, their
successors or assigns
1. Use. The Property may be used in whole or in part for Public Educational Facility use, and
other related or ancillary uses, including facilities customarily incident thereto, but for no other purpose or
purposes, provided however, from and after 30 years from the date of conveyance of the property from
Grantor to Grantee, the Property may be used in whole or in part as a church or other religious we, private
or public school, or recreational facilities, but only so long as all buildings, structures, additions, signs and
other improvements erected or maintained thereon (i) shall be in harmony of design with, the buildings,
structures, additions, signs, and other improvements if any, located on adjoining Properties, and (ii) shall
be in conformance with these Protective Covenants.
2. Offensive and Prohibited Uses. No use of the Property shall be permitted which is illegal,
or offensive (except to the extent conducted in connection with Grantee's educational programs) in the
reasonable opinion of Grantor by reason of odor, Runes, dust, smoke, noise, or pollution, or hazardous by
reason of excessive dangerof fire or explosion. In addition, no activity muse shall be permitted on or with
respect to any part of the Property which is, in Grantor's reasonable opinion, obnoxious to or out ofhmmony
with the development of the immediate community in which the Property is located, including, but not
limited to, the operation of (a) a garage, gasoline service station or other establishment for the sale of motor
fuel or other petroleum or energy products; (b) an automobile, cock or heavy equipment sales or rental
facility; (c) a car wash; (d) a convenience store, (e) multifamily for rent or ownership; (f) any trailer court,
junk yard, scrap metal yard or waste material business; (g) a tattoo or body piercing establishment; (h) a
drive through fast food establishment; (i) automobile repair facilities, tire repair or replacement facilities,
and other automotive related service facilities including muffler shops or express tube shops; 0) an auction
house or flea market; (it) an office for the practice of veterinary medicine if the operation includes the use
of kennels, runs, or any other related facilities located outside the building (veterinary practices dealing
with large animals such as cattle and horses an specifically prohibited); (1) a kennel or business involving
the boarding of animals, except in connection with an office for the practice of veterinary medicine, as
described in Q) above; (m) a dry cleaning plant or operation where dry cleaning of clothes is done on -site,
(n) an amusement or game room; (o) pharmacy; (p) storage or other warehouse facility; (q) funeral home
or mortuary; (r) cellular/communications tower; (a) a lower site, or (t) an "adult" bookstore, theater, studio,
parlor or other facility, any of which show on -premise X-type rated orunnted pornographic motion pictures
or video films or provide forms of entertainment appealing to the prurient interests of the general public or
would otherwise diminish the reputation or alter the family -oriented character of the community in which
the Property is located. No building, structure, addition, sign, or other improvement shall be erected,
maintained, or permitted upon any portion of the Property that would be used for the aforesaid offensive
and/or prohibited uses.
3. Grantor Approval Rewired. No building, structure, addition, permanent sign, or other
improvement may be constructed, remodeled, replaced or altered in any manner on the Property until the
exterior site plans, exterior elevations and exterior specifications (including, and only to the extent related
to, site layout, building and sign location, building material, dimensions, elevations, grading and drainage
wcn ae"cha .]sh. DOG
plans, utility layout, the design and color scheme of all permanent signs, site and off-street parking of
vehicles, landscaping and exterior lighting) have first been submitted to and approved in writing by Grimm,
which approval shall not be unreasonably denied, delayed, conditioned, or withheld. Such approval shall
be to (a) insure compliance with these Protective Covenants and with Grantor's Development Guidelines
for West Ranch (the "Development Guidelines") adopted and promulgated and amended from time to time
by Grantor for said Property and other commercial properties in the West Ranch area; and (b) confirm the
quality of materials, color, harmony of external design with existing and proposed structures, and the
location and finish grade elevations of the improvements with the surrounding topography. Grantor agrees
that Grantee shall not be required to implement any exterior features which unreasonably deviate from
typical school construction specifications or which unreasonably exceed typical school construction
budgets. Nothing herein shall be construed as prohibiting Grantee's right and obligation to accommodate
student enrollment, as required by state law, with necessary temporary buildings.
Reference is here made to the Development Guidelines for all construction, replacement or material
alteration of any building exterior structure, sign, exterior addition, or other exterior improvement, which
Development Guidelines may be amended from time to time by Grantor. The construction, remodeling,
replacement ormaterial alteration of any building, exterior structure, exterior addition, sign or other exterior
improvement shall comply with the Development Guidelines as they now exist or as they may hereafter be
amended. However, such amendments shall not retroactively apply to existing improvements.
Approval of plans and specifications by Grantor is only for the purposes above described and
specifically, but without limitation, shall not be construed as any representation by Grantor as to, or
responsibility for, design or quality of improvements or the ultimate construction thereof. Any and all plans
and specifications submitted to Grantor which have not been disapproved within thirty (30) days after the
date of submission shall for all purposes be deemed to have been approved.
4. Oren Spaces. At the time of development, all open space must be landscaped end shall
have an irrigation system installed along the landscape setbacks, all in accordance with plans approved by
Grantor.
5. Setbacks. Minimum building and parking setbacks shall be as follows (measured from the
property line):
Buis Parking
From West Ranch Blvd 50' 35'
From Pleasant Hill Dr 75' 35'
From all other property lines 30' 30'
No parking areas and/or paved area for vehicular circulation (except driveways which directly
access a public right-of-way) shall be located within any setback area. Existing trees and landscaping
located within building and parking setback areas or adjacent street right-of-way shall be fenced during
construction activity in orderto preserve such existing landscaping. The location of such fencing and access
areas shall be subject to written approval by the Grantor. Access to the property across the setback areas
for construction purposes shall be restricted to the areas designated for permanent driveway access, which
are subject to review and approval by the Grantor and applicable governmental authority prior to
commencement of construction. Notwithstanding anything contrary herein, there shall be no minimum
setback requirement from arty adjoining property owner by Grantee.
6. Building Height. All buildings and improvements erected on the Property shall be limited
to a maximum of two stories in height which shall not extend more than 40' from the slab.
7. Parking Requirements. Automobile parking spaces, sufficient in number for all employees
and customers/visitors, shall be provided on -site, and all parking areas shall be internally drained, curbed
and paved. Maximum parking requirements/spaces shall be in accordance with minimum parking
requirements for the Property's specific use as defined by the City of Friendswood.
Wea R.xh School Sile WO
8. Outside Storage. All utility/service system components and trash pick-up stations shall be
integrated with the building or screened by a fence or wall of compatible materials not less than eight (8)
feet high. The utility/service system components and trash pick-up stations shall not be visible above such
screening.
9. Grading and Drainage. Grantee shall comply with any requirements imposed by authorities
having jurisdiction for the collection of storm water, and will divert its storm water through underground
storm drain structures. Care shall be taken not to cause damage to adjacent properties during construction
or after completion of the project.
10. Mechanical Equipment. All roof -top mechanical equipment shall be screened from the
view of adjacent streets and buildings with material compatible with the building architecture or by the use
of parapet wall. Such screening and/or parapet wall shall be equal to or greater than the height of the roof
top mechanical equipment. All power transformers shall be ground mounted and screened from public
view by fencing or landscaping.
11. Underground Utilities. All electrical service, pipe, conduit, cable, or lines for water, gas,
sewage, drainage, or steam shall be installed and maintained below grade.
12. Exterior Illumination. Exterior ithunination, if such is to be provided, shall be designed to
light only buildings, parking areas, recreational areas and walkways and shall not produce glare or
splashover on adjacent streets or properties.
13. Variances. Grantorhas the exclusive right and hereby retains the exclusive right to approve
variances or otherwise change, rescind, m modify these Protective Covenants (except in a manner that
would be more restrictive to Grantee) where in Grantor's judgment, any such variance will not adversely
affect the development of West Ranch.
14. Assignment. Grantor has and hereby retains the right to assign, in whole or in part, its
rights hereunder, including, but not limited to, the right to approve or disapprove plans and specifications
and the right to grant deviations. In the event Grantor elects to assign such rights, such assignment shall be
evidenced by an instrument in writing, executed and acknowledged by Grantor and Grantee, and filed in
the appropriate Real Property Records of Galveston County, Texas.
Is. Severability. Invalidation of any one of the covenants, conditions or restrictions of these
Protective Covenants shall not affect any other provision, which shall remain in full force and effect.
16. Binding Effect. These Protective Covenants shall be binding upon and inure to the benefit
of Grantor, Grantee, and their respective successors and assigns.
17. Governing Law. These Protective Covenants shall be governed by and in accordance with
the laws of the State of Texas.
18. Terminology. The captions beside the numbered Paragraphs herein are for convenience
only and shall not limit, enlarge, modify, or otherwise affect these Protective Covenants in any manner
whatsoever. Whenever required by the sense and circumstances of the context of these Protective
Covenants or of any deed which these Protective Covenants have been made a part thereof, any gender
shall include any other gender, the singular shall include the plural, and the plural shall include the singular.
19. Performance. Any obligations hereunder are performable in Galveston County, Texas and
any and all payments that are made hereunder are to be made in Galveston County, Texas.
9
West Ranch School Site DOG
FILED AND RECORDED
Instrument Number: 2016062803
Recording Fee: 58.00
Number Of Pages: 10
Filing and Recording Date: 10/12/2016 3:04PM
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.
r°G F oz� Dwight D. Sullivan, Ccrunty Clerk
OF t#RL. Galveston County, Texas
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or Instrument with the
clerk.
DO NOT DESTROY - Waming, this document is part of the Official Public Record.
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