Walker Thompson

What Walker Thompson's governing documents say

This is a commercial access easement and use restriction document for two adjoining commercial lots (Lot 1 and Lot 2) in The Homesteads, TX, known as the Walker Thompson Lot. It primarily grants Lot 2 a perpetual access easement across Lot 1 and restricts certain uses on both lots to protect Dollar General, the anchor tenant on Lot 1. This is not a residential HOA or condominium; it governs only the two commercial lots and their owners.

• Access easement: Lot 2 receives a non-exclusive, perpetual easement for pedestrian and vehicular access over a designated area of Lot 1. Lot 1 must maintain the area (including driveways and lighting) at its own expense. If Lot 1 fails, Lot 2 can perform maintenance after 10 days' written notice.
• Use restrictions on Lot 2: As long as Dollar General (or its affiliates) leases Lot 1, Lot 2 cannot be used for any business that competes with Dollar General, including Family Dollar, Dollar Tree, Big Lots, Walgreens, CVS, Rite Aid, and Walmart concepts.
• Use restrictions on both lots: No lot may be used for unlawful purposes, nuisances, discotheques, massage parlors (except licensed day spas like Massage Envy), funeral homes, bingo, car washes, obnoxious odors/sounds, manufacturing, second-hand stores, mobile home parks, recycling yards, dry cleaning with on-site solvents, auto sales/repair, living quarters, veterinary hospitals (except pet shops), drug paraphernalia, pornography, bars/taverns (bar within a restaurant allowed), pool halls, gun ranges, arcades, or addiction treatment facilities.
• Insurance and indemnification: Each owner must maintain commercial general liability insurance with a combined single limit of at least $1,000,000 for bodily injury and property damage. Owners indemnify each other for losses arising from their exercise of easement rights, except for the indemnified owner's own negligence.
• Duration and amendment: The covenants run with the land and remain in effect perpetually. Amendment requires unanimous written consent of both lot owners and Dollar General's consent while it leases Lot 1.
• Third-party beneficiary: Dollar General (while leasing Lot 1) is a third-party beneficiary with the right to enforce the declaration.
• What this document doesn't cover: This document does not establish any homeowners association, condominium regime, common area maintenance fees, architectural review committee, residential rules (e.g., pets, parking for residents), or any obligations applicable to residential homeowners or tenants. It solely governs access and use of two commercial lots.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.