Ord 2022-066/amending the Official Zoning Map of the City in Case No. ZC-22-25, by rezoning approximately 7.251 acres of land, generally located east of the Union Pacific railroad, approximately 1,000 feet south of Posey Road

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22049034 AGREEMENT 'total Pages: 6 Filed and Recorded: 10/19/22 11:04 AM RESTRICTIVE COVENANT AGREEMENT 51,5 THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and F entered into as of the lad^ day of August, 2022, by and between C C M S an Mar c o s, L L C, a Texas limited liability company(the"Owner"), and the City of San Marcos, Texas (the «Cid,5) RECITALS: A. Owner is the owner of a tract of land totaling approximately 35.249 acres situated in Hays County, Texas, more particularly described in Exhibit "A", attached hereto (the "Property"). B. Owner and the City desire to subject the Property to the terms of this Agreement. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration,the receipt and sufficiency of which the parties hereby acknowledge,the Owner and the City do hereby agree as follows: 1. Establishment of Restrictive Covenant Relating to Waste Related Services, The Parties hereto agree and acknowledge that the Property shall be held, sold, transferred, conveyed and occupied subject to the following restrictive covenant:For so long as the Property is zoned "HI" Heavy Industrial, "Ll" Light Industrial or "HC" Heavy Commercial, it shall be prohibited to use the Property for Waste-Related Services as defined in the two succeeding sentences. For purposes of this Agreement the term "Waste Related Services" means characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material. Waste related service includes the following uses: 1. Animal waste processing. 2. Landfill. € 3. Manufacture and production of goods from composting organic material. 4. Outdoor collection and storage of recyclable material. 1 5. Scrap Materials (indoor storage). i 6. Solid or liquid waste transfer station,waste incineration. 2. Establishment of Restrictive Covenant Relating to Noise. The Parties hereto agree and acknowledge that the Property shall be held, sold,transferred, conveyed and occupied = subject to the following restrictive covenant: No activity on the Property shall produce sound: 1. In excess of 85 decibels between the hours of 10:00 a.m. and 10:00 p.m. 33739504v.1 s