SCANNED eng THE OAKS AT UNIVERSITY PARK & AUBURN OAKS SUBDIVISION HOMEOWNERS ASSOCIATION DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is executed by Oaks Uptown Estates, LLC, a Texas limited liability company (“Declarant”) and Auburn Oaks Subdivision Homeowners Association, Inc., a Texas nonprofit corporation (“Association”).
I.
Definitions 1. “Declarant” shall refer to Oaks Uptown Estates, LLC, a Texas limited liability company, owner of the Property shown in the attached Exhibit “A”, and successors and assigns of Oaks Uptown Estates, LLC who acquire fee title to all or a portion of the Property.
2. “Property” shall refer to approximately 7.5 acres of land located out of NCB 14862, in San Antonio, Texas, and more fully described in the attached Exhibit “A”.
3. “Association” shall refer to the Auburn Oaks Subdivision Homeowners Association, Inc., a Texas nonprofit corporation.
4. “Site Exhibit” shall mean the exhibit showing the Property attached as Exhibit “B”.
5. “Rezoning Request” shall refer to Declarant’s request to rezone through City of San Antonio Zoning Case No. Z2016138 the Property from “R-6” Single Family Residential District to “C-2NA” Commercial District, Nonalcoholic Sales and “O-1” Office District.
6. “City” shall mean the City of San Antonio, Bexar County, Texas.
II.
Recitals 1. The Property is the subject of the “Rezoning Request”. Declarant has requested rezoning of the Property from “R-6” Single Family Residential District to “C-2NA” Commercial District, Nonalcoholic Sales and “O-1” Office District.
2. Declarant has executed this Declaration in consideration for the Support of the Association of the Declarant’s Rezoning Request.
” Commercial District, Nonalcoholic Sales and “O-1” Office District.
2. Declarant has executed this Declaration in consideration for the Support of the Association of the Declarant’s Rezoning Request.
3. The following restrictions shall run with the Property and shall be binding on all parties having any right, title, or interest in the Property in part or in whole, and their heirs, successors, and assigns.
Book 17905 Page 1817 2@pgs Declaration of Restrictive Covenants Page 2 of 19 1.
Restrictions 1. Prohibited Uses — Declarant agrees that the uses indicated in the attached Exhibit “C” shall be prohibited on the Property. These uses are excerpted from UDC Table 311-2 “NonResidential Use Matrix” and are classified and further defined by use type. In the event of ambiguity of any included term, the definition provided by the City of San Antonio Unified Development Code as of the Effective Date shall control.
2. Buffer — Declarant shall provide a natural buffer area within the Property along the south Property line as further shown in the Site Exhibit (“Buffer”). The Buffer shall be a minimum of forty feet (40°) wide and shall remain in its natural state, provided however, Declarant shall remove all dead or dying trees and underbrush prior to issuance of a Certificate of Occupancy from the City. Declarant may also install a walking trail within the Buffer.
During construction of any building(s) on the Property, Declarant or its contractors shall not use the Buffer for construction purposes without receiving the prior written consent of the Association.
3. Building Setback — Declarant agrees that buildings on the Property will be set back a minimum of one hundred and sixty feet (160’) from the southern Property line, as shown in
t of the Association.
3. Building Setback — Declarant agrees that buildings on the Property will be set back a minimum of one hundred and sixty feet (160’) from the southern Property line, as shown in the Site Exhibit. Buildings shall be defined throughout this Declaration as structures designed, built, or occupied as a shelter or roofed enclosure for persons or property; buildings shall not include structures designed for covered, surface parking, such as carports.
4. Screening of Rooftop Equipment & Communications Towers — Declarant shall screen from ground view any rooftop equipment or machinery, including, but not limited to, air conditioning units, small satellites, and antennas. This section shall not be interpreted to allow free-standing wireless communications towers, satellite dishes, or antennas, which are prohibited on the Property.
5. Maximum Building Height — Buildings on the Property shall not exceed one (1) story in height and shall not include underground parking. Concrete wall panels shall not exceed twenty-seven feet and six inches (27’6”) in height above the finished floor grade, with the exception of the slab break where panel heights cannot exceed thirty-two feet and six inches (32°6”) above the finished floor grade. The maximum building height shall include parapets or other decorative features used for the screening of air conditioning units, machinery, building equipment, or antennas on the top of a building(s).
6. Dumpsters — Dumpsters on the Property shall be within approximately eight feet (8’) high enclosures and located at least three hundred feet (300’) from the nearest residential structure within the property governed by the Association as of the Effective Date.
ximately eight feet (8’) high enclosures and located at least three hundred feet (300’) from the nearest residential structure within the property governed by the Association as of the Effective Date.
7. Fence — Declarant shall construct a fence on or near the southern boundary of the Property as further shown on the Site Exhibit. The fence location may be adjusted onto the Property to preserve mature oak tree(s) located on the southern Property line. The fence shall be approximately eight feet (8’) in height, double sided wood and include bull wire and Declaration of Restrictive Covenants Page 3 of 19 10.
11.
insulation board in the interior, as further shown on the attached Exhibit “D” Within the wood fence, a minimum of one (1) masonry column shall be constructed per residential lot abutting the southern Property line as of the Effective Date, if the owner of the particular lot consents to the column. Declarant shall use commercially reasonable efforts to maintain the natural buffer required by Section III (2) of this Declaration when constructing the columns; however, Declarant shall not be in violation of this Declaration if vegetation within the buffer is altered during construction of the columns. The fence shall be constructed prior to issuance of a certificate of occupancy by the City for any building(s) on the Property; provided however, the construction of any fence and masonry column along the southern Property line shall be subject to written approval and consent for construction from each property owner within Auburn Oaks that owns a lot or lots abutting the southern Property line. In the event a property owner does not consent to fence construction prior to issuance of a certificate of
roperty owner within Auburn Oaks that owns a lot or lots abutting the southern Property line. In the event a property owner does not consent to fence construction prior to issuance of a certificate of occupancy, Declarant shall not be required to construct the fence on the southern Property line directly abutting that property owner’s lot; it shall be constructed within Declarant’s Property. The fence shall be designed to not obstruct drainage flowing from adjacent properties south of the Property. Neither Declarant nor homeowners within the Association shall plant any vines immediately adjacent to the fence. Declarant shall be responsible for maintenance of the fence structure and for those fence pickets facing the interior of the Property. The Association shall be responsible for maintenance of the fence pickets facing the lots within its boundaries. Declarant shall not be responsible for fence pickets facing the property governed by the Association. Nothing herein shall preclude Declarant from seeking any and all appropriate remedies for willful or negligent damage to the fence.
. Outdoor Music — Declarant shall include in the rules and regulations for all tenants occupying a building(s) on the Property a prohibition on music from exterior speakers after sunset, except for special events. Special events shall include employee or client promotional events or holiday events. Outdoor music for any other event shall require the written consent of the Association president. During special events and other events with outdoor music, tenants shall not violate Chapter 21 of the City Code of Ordinances (as amended) regarding noise.
Light Screening — Declarant agrees parking lot lighting shall be designed to be angled away
oor music, tenants shall not violate Chapter 21 of the City Code of Ordinances (as amended) regarding noise.
Light Screening — Declarant agrees parking lot lighting shall be designed to be angled away from residential structures within property governed by the Association as of the Effective Date. Lighting poles shall not exceed twenty-five feet (25”) in height and light shields shall be installed where necessary to ensure that lighting is directed below a 90° angle.
Access — Access to the Property shall be from a private drive from Silicon Drive to Network Boulevard and will be gated and controlled by a gate and key card after normal business hours. No commercial access to Prue Road to or from the Property shall be permitted by Declarant’s commercial clients or tenants.
Tree Preservation — Declarant shall comply with the City’s Tree Preservation Ordinance in effect as of the Effective Date. Declarant shall exercise reasonable care to ensure the health and viability of preserved trees and newly planted trees on the Property.
Declaration of Restrictive Covenants Page 4 of 19 12. Stormwater - Declarant shall comply with the City’s drainage and stormwater requirements in effect as of the Effective Date. Declarant shall grade the Property in such a manner as to not direct additional drainage onto property within the boundaries of the Association.
13. Site Exhibit — The Site Exhibit is attached to this Declaration to show the location of the Buffer, fence, and building setbacks required herein. The building shown on the Site Exhibit is conceptual. In the event the ground floor building square footage increases ten percent (10%) or more in excess of what is shown on the Site Exhibit, Declarant shall provide an
on the Site Exhibit is conceptual. In the event the ground floor building square footage increases ten percent (10%) or more in excess of what is shown on the Site Exhibit, Declarant shall provide an updated Site Exhibit to the Association prior to the start of construction, provided however under no circumstances shall the building encroach into the minimum building setback required herein.
14. Trapping of Raccoons — Declarant shall use best efforts to trap and remove raccoons from the Property prior to and during construction.
15. Quiet Enjoyment — Declarant shall observe reasonable hours of exterior construction activities to minimize noise and disturbance to surrounding residents. This shall generally be 7:30am to 7:00pm, Monday through Friday. Concrete pours may occur outside these hours, provided the Association is provided written notice one (1) week prior. The hours for interior construction and related activities shall be in accordance with Chapter 21 of the City Code of Ordinances (as amended). When reasonably possible, contractors and others involved in onsite construction activities shall park on the north side of the proposed building(s).
16. Video Surveillance — Security cameras located on the Property shall not be directed at any residences within the property governed by the Association, nor shall security cameras be used in such a manner that will view, record, or otherwise invade the privacy of properties within the Association.
IV.
Association Commitments In consideration for the restrictions granted in this Declaration, the Association shall agree to not oppose Declarant’s Rezoning Request. The Association shall also encourage property owners governed by the Association to not oppose the Rezoning Request. In the event the Association
hall agree to not oppose Declarant’s Rezoning Request. The Association shall also encourage property owners governed by the Association to not oppose the Rezoning Request. In the event the Association opposes the Rezoning Request, Declarant shall have the right, by written notification to the Association, to terminate this Declaration.
V.
Default The failure by the Declarant to observe or perform any of the covenants, conditions or observations of this Declaration, within thirty (30) calendar days after the issuance of a written notice by the Association specifying the nature of the default claimed, shall constitute a default hereunder; provided, however, that if such condition is of a nature that it cannot be corrected within thirty (30) calendar days of such notice, then the Declarant shall not be in default so long Declaration of Restrictive Covenants Page 5 of 19 as it actively commences such cure within thirty calendar (30) days after receiving such notice and diligently pursues such cure through completion.
VI.
General Provisions 1. GOVERNING LAW - THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN BEXAR COUNTY, TEXAS, AND IT IS AGREED THAT ANY ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN BEXAR COUNTY, TEXAS.
2. Construction & Severability — Words or terms not specifically defined in this Declaration shall be defined by the City of San Antonio’s Unified Development Code (“UDC”) as of the Effective Date. If any word or term is not defined by the UDC, or
not specifically defined in this Declaration shall be defined by the City of San Antonio’s Unified Development Code (“UDC”) as of the Effective Date. If any word or term is not defined by the UDC, or other clauses, sentences, paragraphs or other part of this Declaration is susceptible to more than one or conflicting interpretations, then the interpretation which is more nearly in accordance with the general purposes and objectives of this Declaration shall govern.
In the event one or more of the provisions contained in this Declaration shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, ‘illegality, or unenforceability shall not affect any other provision hereof and this Declaration shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
3. Unintended Omission - If any punctuation, word, clause, sentence, or provisions necessary to give meaning, validity, or effect to any other word, clause, sentence, or provision appearing in this Declaration shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
4. Term - Every covenant, condition, and restriction contained herein shall run with the land and be binding upon the Property and Declarant for a period of ten (10) years from and after the date this Declaration is executed, after which time this Declaration, shall be automatically extended for successive periods of ten (10) years each unless and until an instrument, signed by the Declarant and either the Association, the owners of fifty-one percent (51%) of the property governed by the Association, or the owners of fifty-one
s each unless and until an instrument, signed by the Declarant and either the Association, the owners of fifty-one percent (51%) of the property governed by the Association, or the owners of fifty-one percent (51%) of the property formerly governed by the Association in the event the Association ceases to exist, agreeing to terminate this Declaration shall have been recorded in the Bexar County Real Property Records. These restrictions shall Declaration of Restrictive Covenants Page 6 of 19 immediately and automatically expire if the Property is not rezoned by action of the City of San Antonio City Council in accordance with the Rezoning Request.
5. Amendment - The covenants, conditions, and restrictions of this Declaration may not be amended, except by an instrument signed by the Declarant and either the Association, the owners of fifty-one percent (51%) of the property governed by the Association, or the owners of fifty-one percent (51%) of the property formerly governed by the Association in the event the Association ceases to exist. Any amendments must be recorded in the Bexar County Real Property Records.
6. Recordation — This Declaration shall be recorded in the Bexar County Real Property Records within twenty (20) business days following City of San Antonio City Council approval of the Rezoning Request. In the event the Rezoning Request is not approved by the City of San Antonio City Council as requested, this Declaration shall immediately and automatically expire and shall not be recorded.
7. Notice — Any formal notices or communication with respect to the subject matter of this Declaration shall be delivered by one of the following methods: (a) by delivering the same in person; or
ded.
7. Notice — Any formal notices or communication with respect to the subject matter of this Declaration shall be delivered by one of the following methods: (a) by delivering the same in person; or (b) by depositing the same in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified at the address set forth below; or (c) by depositing the same with a nationally recognized courier service guaranteeing “next day delivery,” addressed to the party to be notified at the address set forth below.
Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: Declarant: Oaks Uptown Estates, LLC Attention: Robert L. Worth, Jr.
7373 Broadway, Suite 201 San Antonio, Texas 78209 With a copy to: Kaufman & Killen, Inc.
Attention: Ashley Farrimond 100 West Houston Street, Suite 1250 San Antonio, Texas 78205 Auburn Oaks Subdivision Homeowners Association, Inc.: Auburn Oaks Subdivision HOA Attention: President Declaration of Restrictive Covenants Page 7 of 19 The parties may, from time to time, change their respective mailing addresses, and each has the right to specify as its address any other address within the United States of America by giving at least five business days written notice to the other party.
8. Enforcement - Declarant agrees that the Association is the direct intended beneficiary of this Declaration, and that the Association and/or Declarant shall have the right and power to enforce any of the covenants, restrictions, and development standards set out in this Declaration. Enforcement of the Declaration and the covenants, restrictions, and
shall have the right and power to enforce any of the covenants, restrictions, and development standards set out in this Declaration. Enforcement of the Declaration and the covenants, restrictions, and development standards set forth herein shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any of the same, either to restrain violation or to recover damages. Failure by any party to enforce any such covenant, restriction, or development standard shall in no event be deemed a waiver of the right to do so thereafter. Any remedies provided for in this Section are cumulative and shall be deemed additional to any and all other remedies to which any party may be entitled in law or in equity and shall include the right to restrain by injunction any violation or threatened violation by any party of any of the terms, covenants, or conditions of this Declaration and by decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for any breach of any such term, covenant, or condition is not adequate. In the event any person shall institute any action or proceeding against another person relating to the provisions of this Declaration, or any default thereunder or to collect any amounts owing hereunder, or an arbitration proceeding is commenced by agreement of the parties to any dispute, then and in such event the unsuccessful litigant in such action or proceeding shall reimburse the successful litigant therein for all reasonable costs and expenses incurred in connection with any such action or proceeding and any appeals therefrom, including reasonable attorneys' fees and court costs, to the extent permitted by the terms of any final order, decree, or judgment.
ection with any such action or proceeding and any appeals therefrom, including reasonable attorneys' fees and court costs, to the extent permitted by the terms of any final order, decree, or judgment.
[Remainder of Page Intentionally Left Blank Signature Pages to Follow] Declaration of Restrictive Covenants Page 8 of 19 WHEREFORE, this Declaration is executed this 1Q4 day of Api \ , 2016 in San Antonio, Texas (“Effective Date”).
Declarant: OAKS UPTOWN ESTATES, LLC a Texas liability company DECLARANT ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared Robert L.
Worth, Jr., who acknowledged he is authorized to execute this document on behalf of said limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this QY* day of , 2016.
Sa . Notary Public, Slate of Texas RE BEVERLY L. ERBEN F§ a Notary Public, State of Texas My Commission Expires Print Name: “BEY ERY Lc. ERee ul October 20, 2018 Declaration of Restrictive Covenants Page 9 of 19 Auburn Oaks Subdivision Homeowners Association, Inc.
berg, President DECLARANT ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared Gary Greenberg on behalf of said organization.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ALA day of Por , 2016.
MONA LEE KRET : lotary Public, State of Texas Notary Public, State of Texas My Commission Expires October 28, 2017 Print Name: onw Lee Cret UPON RECORDATION PLEASE RETURN TO: Ashley Farrimond Kaufman & Killen, Inc.
100 West Houston Street, Suite 1250 San Antonio, TX 78205 Declaration of Restrictive Covenants Page 10 of 19 EXHIBIT A PROPERTY DESCRIPTION CONSULTING ENGINEE RE ” Page 1 of 3
Suite 1250 San Antonio, TX 78205 Declaration of Restrictive Covenants Page 10 of 19 EXHIBIT A PROPERTY DESCRIPTION CONSULTING ENGINEE RE ” Page 1 of 3 METES AND BOUNDS DESCRIPTION FOR AN APPROXIMATELY 2.5 ACRE POLITICAL SUBDIVISION OF PROPOSED 0-1 ZONING, NEW CITY BLOCK 14862 Being approximately 2.5 acres of political subdivision situated in New City Block (NCB) 14862 comprised of portions of a 5.149-acre tract conveyed to Oaks Uptown Estates, LLC, recorded in Volume 17137, Page 1788, Official Public Records of Real Property (O.P.R.), Bexar County, Texas (all records cited herein are recorded in Bexar County, Texas), a 1.83-acre tract conveyed to Oaks Business Park, Ltd., recorded in Volume 16862, Page 2477, O.P.R., and Parcel 81, called a 20-foot private roadway-1.32-acres conveyed to George Judson, recorded in Volume 7504, Page 1174, O.P.R., said approximate 2.5-acre political subdivision being more particularly described as follows: BEGINNING at the northeast corner of Lot 25, Block 1, NCB 18925, Auburn Oaks P.U.D., recorded in Volume 9526, Page 197, Deed and Plat Records (D.P.R.}, same point lying on the west line of Lot 3, Block 1, NCB 17493, Northwest Business Park Subdivision, recorded in volume 9539, Page 134, D.P.R. and also being the southeast corner of said 1.83-acre tract, for the southeast corner of the herein described political subdivision; THENCE in a westerly direction along the common line of said Block 1, Auburn Oaks P.U.D., 1.83-acre tract and 5.149-acre tract, approximately 765 feet to a point on the common line of said Parcel 81 and 5.149acre tract, for the southwest corner of the herein described political subdivision;
3-acre tract and 5.149-acre tract, approximately 765 feet to a point on the common line of said Parcel 81 and 5.149acre tract, for the southwest corner of the herein described political subdivision; THENCE in a northerly direction along said common line, into and across said Parcel 81, approximately 419 feet to a point on the south line of Lot 903, Block 2, NCB 17504, Silicon Heights, recorded in Volume 9583, Pages 163-164, D.P.R., same point also lying on the north line of said Parcel 81, for the northwest corner of the herein described political subdivision; THENCE in an easterly direction along said common line of said Lot 903 and Parcel 81, 100 feet to a point, for the most northerly-northeast corner of the herein described political subdivision; THENCE in a southerly direction departing said common line, 100 feet east and parailel to said west line of 5.149-acre tract, into and across said Parcel 81 and 5.149-acre tract, approximately 319 feet to a point, for an interior corner of the herein described political subdivision; THENCE in an easterly direction, 100 feet north and parallel to said Block 1 in Auburn Oaks P.U.D., continuing into and across said 5.149-acre tract and 1.83-acre tract, approximately 665 feet to a point on the common line of said 1.183-acre tract and said Lot 3, for the most easterly-northeast corner of the herein described political subdivision; THENCE in a southerly direction along the common line of said 1.83-acre tract and Lot 3, 100 feet returning to the POINT OF BEGINNING and containing approximately 2.5 acres of political subdivision.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground _ Survey, and is not to be used to convey or establish interests in real property except those rights and
s document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground _ Survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established.by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
i | | Declaration of Restrictive Covenants Page 11 of 19 Page 2 of 3 Certified this 30th day of March, 2016 Robert M. Anguiano, R.P.L.S.
Registered Professional Land Surveyor Texas Registration No. 6347 Vickrey & Associates, Inc.
STATE OF TEXAS 6347 LAND SURVEYOP Project No. 0253-124 March 24, 2016 Revised March 30, 2016 Declaration of Restrictive Covenants Page 12 of 19 THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, OOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH 17 WAS PREPARED.
ABSTRACTING WAS PERFORMED ON MARCH 23, 2016.
OTHER MATTERS OF RECORD ARE NOT SHOWN HEREIN, LOCATION MAP NOTES LOT 17. BLOCK 2, N.C.B. 17804 SILIGON HEIGHTS VOL. 9643, PG. 216-217. DPR.
0.0956-ACRE TRACT OWNER: OAKS BUSINESS PARK, LTO.
VOL. 16862, PG. 2482, O.PR.
LOT 903, BLOCK 2. N.C.8. 17504 SILICON HEIGHTS LOT 904, BLOCK 2, N.C.B. 17504 VOL. 9583, PG. 183-164, DPR. SILICON HEIGHTS VOL. 9583, PG. 163-164, DAR.
PARCEL 81, N.C.B. 14862 .
CALLED A 20° PRIVATE LOT 1, BLOCK 1. N.C.B, 17493 ROADWAY-1.32 ACRES NORTHWEST BUSINESS CENTER OWNER: GEORGE JUDSON VOL. 9510. PG. 56, D.P.R.
HTS VOL. 9583, PG. 163-164, DAR.
PARCEL 81, N.C.B. 14862 .
CALLED A 20° PRIVATE LOT 1, BLOCK 1. N.C.B, 17493 ROADWAY-1.32 ACRES NORTHWEST BUSINESS CENTER OWNER: GEORGE JUDSON VOL. 9510. PG. 56, D.P.R.
VOL. 7584, PG. 1174, O.P.R.
1.83-ACRE TRACT VOL. 18862, PG. 2477. ORR.
OWNER: OAKS BUSINESS PARK, LTD $.199-ACRE TRACT VOL. 17137, PG. 1788, OP-R OWNER: OAKS UPTOWN ESTATES, Le ( +/-665' PARCEL 81, N.C.B. 14862 ? vr OP ee CALLED A 20° PRIVATE Oy 7 +h 2.5 ACRES ROADWAY-1.22 ACRES / 4 OWNER: GEORGE JUDSON “ PROPOSED oA ZONING | LOT 3, BLOCK 1, N.C.B, 17493 VOL. 7504, PG. 1174, OP, ‘ Z NORTHWEST BUSINESS PARK SUBDIVISION VOL. 9839, PG. 134, BPR.
POINT OF BEGINNING BLOCK 4, N.C.B. 18925 LEGEND AUBURN OAKS P.U.D.
VOL. 8526, PG. 197, DPR.
DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OR REAL PROPERTY OF BEXAR COUNTY. TEXAS NEW CITY BLOCK POLITICAL SUBDIVISION +/-2.5 ACRES. N.C.B. 14862 APPROXIMATELY 2.5 ACRES Of POLITICAL SUBDIVISION SITUATED JN NEW CITY BLOCK 148862 COMPRISED OF PORTIONS OF A §.149-ACRE TRACT CONVEYED TO OAKS UPTOWN ESTATES, LLC.
RECORDED IN VOLUME 17137, PAGE 1788, O.F.R,, A 120-ACRE TRACT CONVEYED TO OAKS BUSINESS PARK, LTD, RECORDED IN VOLUME 16862, PAGE 2477, 0,P.., AND PARCEL 81, CALLED A 20-FOOT PRIVATE ROADWAY-1.32-ACRES CONVEYED TO GEORGE JUDSON, RECORDED IN VOLUME 7504, PAGE 1174,0.P.R, ROBERT M. pNeRS SHEET 3 OF 3 REGISTERED PROFESSIONAL LAND SURVEYOR ~ TEXAS REGISTRATION NO. 6347 . VICKREY & ASSOCIATES, INC.
[email protected] CONSULTING ENGINEERS Gr RONMENTA APPROVED BY: SH RG253-12S Survey deg BX, ZONES ary, Declaration of Restrictive Covenants Page 13 of 19 .. VICKREY & ASSOCIATES, Ine.
GONSULTING ENGINEERS
ICKREYINC.COM CONSULTING ENGINEERS Gr RONMENTA APPROVED BY: SH RG253-12S Survey deg BX, ZONES ary, Declaration of Restrictive Covenants Page 13 of 19 .. VICKREY & ASSOCIATES, Ine.
GONSULTING ENGINEERS FOR AN APPROXIMATELY 5 ACRE POLITICAL SUBDIVISION OF PROPOSED C2NA ZONING, | METES AND BOUNDS DESCRIPTION : NEW CITY BLOCK 14862 | Being approximately 5 acres of political subdivision situated in New City Block (NCB) 14862 comprised of portions of a 5.149-acre tract conveyed to Oaks Uptown Estates, LLC, recorded in Volume 17137, Page 1788, Official Public Records of Real Property (O.P.R.), Bexar County, Texas (all records cited herein are recorded in Bexar County, Texas), a 1.83-acre tract conveyed to Oaks Business Park, Ltd., recorded in Volume 16862, Page 2477, O.P.R., Parcel 81, called a 20-foot private roadway-1.32-acres conveyed to George Judson, recorded in Volume 7504, Page 1174, O.P.R., and a 0.0956-acre tract conveyed to Oaks i Business Park, Ltd., recorded in Volume 16862, Page 2482, O.P.R., said approximate 5-acre political subdivision being more particularly described as follows: i COMMENCING at the northeast corner of Lot 25, Block 1, NCB 18925, Auburn Oaks P.U.D., recorded in Volume 9526, Page 197, Deed and Plat Records (D.P.R.), same point lying on the west line of Lot 3, Block 1, NCB 17493, Northwest Business Park Subdivision, recorded in volume 9539, Page 134, D.P.R. and also being the southeast corner of said 1.83-acre tract, for the southeast corner of the herein described political subdivision; i THENCE in a northerly direction along the common line of said 1.83-acre tract and Lot 3, 100 feet to the i POINT OF BEGINNING and southeast corner of the herein described political subdivision; :
n; i THENCE in a northerly direction along the common line of said 1.83-acre tract and Lot 3, 100 feet to the i POINT OF BEGINNING and southeast corner of the herein described political subdivision; : THENCE in a westerly direction, 100 feet north and parallel to the north line of said Block 1, into and across said 1.83-acre tract and 5.149-acre tract, approximately 665 feet to a point, for the southwest corner of the herein described political subdivision; | THENCE in a northerly direction, 100 feet east and parallel to the west line of said 5.149-acre tract, continuing into and across said 5.149-acre tract and Parcel 81, approximately 319 feet to a point on the south line of Lot 903, Block 2, NCB 17504, Silicon Heights, recorded in Volume 9583, Pages 163-164, D.P.R., : for the northwest corner of the herein described political subdivision; THENCE in an easterly direction, along the common line of said Parcel 81, 0.0956-acre tract, Lot 903, Lot | 17, Block 2, NCB 17504, Silicon Heights, recorded in Volume 9643, Pages 216-217, D.P.R. and Lot 904, : Block 2; NCB 17504, Silicon Heights, recorded in Volume 9583, Pages 163-164, D.P.R., approximately 665 feet to a point at the southeast corner of said Lot 17, same point also being the northeast corner of said 0.0956-acre and lying on the west line of Lot 1, Block 1, NCB 17493, Northwest Business Center, recorded i | THENCE in a southerly direction along the common line of said 0.0956-acre tract, 1.83-acre tract, Lot 1 and Lot 3, approximately 319 feet returning to the POINT OF BEGINNING and containing approximately 5 acres of political subdivision.
3-acre tract, Lot 1 and Lot 3, approximately 319 feet returning to the POINT OF BEGINNING and containing approximately 5 acres of political subdivision.
Declaration of Restrictive Covenants Page 14 of 19 - fant 5 : 5 my This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
Project No. 0253-124 March 24, 2016 Revised March 30, 2016 Certified this 30% day of March, 2016 _cerinsltie ten ar, Os, \ i : cninewente Robert M, Anguiano, R.P.L.S.
Registered Professional Land Surveyor Texas Registration No. 6347 Vickrey & Associates, Inc.
| | | / j Declaration of Restrictive Covenants Page 15 of 19 NOTES: 4. THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663 21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND iS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS.
AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
ABSTRACTING WAS PERFORMED ON MARCH 23, 2016.
OTHER MATTERS OF RECORD ARE NOT SHOWN HEREIN.
LOCATION MAP NOTES LOT 17, BLOCK 2. N.C.8. 17504 SILICON HEIGHTS VOL. 9643, PG. 216-217, DPR.
PARCEL 81, N.C.B. 14862 CALLED A 20' PRIVATE ROADWAY-1.37 ACRES OWNER: GEORGE JUDSON VOL.. 7504, PG. 1174, O.P.R.
0.0958-ACRE TRACT OWNER: OAKS BUSINESS PARK, LTD.
VOL. 16362, PG. 2482. O.P.R.
7, DPR.
PARCEL 81, N.C.B. 14862 CALLED A 20' PRIVATE ROADWAY-1.37 ACRES OWNER: GEORGE JUDSON VOL.. 7504, PG. 1174, O.P.R.
0.0958-ACRE TRACT OWNER: OAKS BUSINESS PARK, LTD.
VOL. 16362, PG. 2482. O.P.R.
LOT 903, BLOCK 2, N.C.8, 17504 SILICON HEIGHTS VOL. 9583. PG. 163-184, DPR, LOT 904, BLOCK 2, N.G.B. 17506 SILICON HEIGHTS: VOL 9563, PG. 163-164, DPR, a oe 5 hee LOT 1, BLOCK 1, N.C.B. 17493 NORTHWEST BUSINESS CENTER VOK.. 9510, PG. 56, OP. R.
PROPOSED C2NA ree VA ELLE 4, 139-ACRE TRACT <P Y 5 e VOL. 47137, PG. 1788, OP. 7 foo y ye of 1A3-AGRE TRACT VOL. 18882.
PG. 2477, OP “ o ‘N.
4 POINT OF BEGINNING LOT 3, BLOCK 1, N.C.B. 17493 NORTHWEST BUSINESS PARK SUBDIVISION VOL. $539, PG. 134, D.P.R.
POINT OF COMMENCEMENT BLOCK 4, N.C. 19925, LEGEND EEO AND PLAT RECORDS OF BEXAR COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OR REAL PROPERTY OF BEXAR COUNTY, TEXAS.
NEW CITY BLOCK ROBERT M. ANGUIANO REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6347 VICKREY AND ASSOCIATES, INC.
[email protected] AUBURN OAKS P.U.0.
VOL. 9826, PG. 197, WPA, POLITICAL SUBDIVISION +15 ACRES, N.C.B. 14862 OE > APPROXIMATELY § ACRES OF POLITICAL SUBDIVISION SITUATED IN NEW CITY BLOCK 14862 COMPRISED OF PORTIONS OF A 5149-ACRE TRACT CONVEYED TO GAKS UPTOWN ESTATES, LLC, RECORDED iN VOLUME 17197, PAGE 1788, O.P.R,, A 1.83-ACRE TRACT CONVEYED TO OAKS BUSINESS PARK, LTO., RECORDED IN, VOLUME 48882, PAGE 2477, 0.P.R,, PARCEL 81, CALLED A 20-FOOT PRIVATE ROADWAY-1,32-ACRES CONVEYED TO GEORGE JUDSON, RECORDED IN VOLUME 7504, PAGE 1174, 0.2... AND A 0.0956-ACRE TRACT CONVEYED TO OAKS BUSINESS PARK LTD.
RECORDED 'N VOLUME 16882, PAGE 2482, 0.9.2, SCALE: 1'= 200° SHEET 3 OF 3 VICKREY & ASSOCIATES, INC.
Iepalen eee) NEL SS ENV
AGE 1174, 0.2... AND A 0.0956-ACRE TRACT CONVEYED TO OAKS BUSINESS PARK LTD.
RECORDED 'N VOLUME 16882, PAGE 2482, 0.9.2, SCALE: 1'= 200° SHEET 3 OF 3 VICKREY & ASSOCIATES, INC.
Iepalen eee) NEL SS ENV RUDE TH Survey dog SK_ZONES2 dag Site Plan 40 bad for ragula jory approval, pa This document is noorplatus and is no compacter Cheene Morzine Partners, Fracteriskech Tende Reg: 1417 CMP JOB 0710.T 4-4-16 80 NATURAL BUFF Wood Fence 40 Natural Bur 40 Natural Buffer 130/Setback Dcccccc 138 sf STORY BUILDING 61,000 SF Approx. 1500 Setback Wood Fence 300-0 DUMPSTER ENCLOSURE SETBACK THE OAKS of University Business Park DEVELOPED BY RL WORTH chesneymoralespartners, inc.
architecture/interior design 210.806,348 v 210.838.9719:1 EXHIBIT B SITE EXHIBIT Page 16 of 19 Declaration of Restrictive Covenants Declaration of Restrictive Covenants Page 17 of 19 EXHIBIT C PROHIBITED USES The uses listed below shall not be permitted on the Property: AMUSEMENT Amusement - Theme Parks Amusement - Outdoor Rides Amusement - Race Tracks Amusement - Dance Halls Amusement - Fair Grounds Amusement - Stadiums Amusement - Go Carts Amusement - Laser Hide and Seek Amusement - Miniature Golf Amusement - Theaters (all kinds) Amusement — Videogames Amusement - Billiard and/or Pool Hal Amusement — Bingo Parlor ANIMAL Animal — Stockyards Animal — Pet Grooming Animal — Small Animal Hospital AUTO Auto - Repair, Lube, Tune-up (all kinds) Auto - Auctions Auto — Ambulance Service Auto - Manufacturing (all kinds) Auto - Sales Auto - Paint and Body Auto - Retail w/ Storage Auto - Parking (as primary use) Auto - Storage of Automobiles Auto - Truck Stops (all kinds) Auto — Glass Tinting Auto — State Vehicle Inspection Station BEVERAGE Beverage — Manufacturing DWELLING Dwelling - Attached Apartments/Condominiums
torage of Automobiles Auto - Truck Stops (all kinds) Auto — Glass Tinting Auto — State Vehicle Inspection Station BEVERAGE Beverage — Manufacturing DWELLING Dwelling - Attached Apartments/Condominiums With Maximum Density Of 6 Dwellings Per Gross Acre, see also 35-381 Dwelling - Attached Apartments/Condominiums With Maximum Density Of 10 Dwellings Per Gross Acre, see also 35-381 Dwelling - Attached Apartments/Condominiums With Maximum Density Of 20 Dwellings Per Gross Acre, see also 35-381 Dwelling - Attached Apartments/Condominiums Dwelling Live Work Units in excess of 3 or more units per gross acre subject to 35-381 INDUSTRIAL Industrial - Pecan Shelling Industrial - Cleaning (all kinds) MANUFACTURING Manufacturing - Bulk Plant or Terminal Manufacturing - Chemical (all kinds) Manufacturing - Storage (all kinds) Manufacturing - Drug (all kinds) Manufacturing - Electrical (all kinds) Manufacturing - Hatcheries Manufacturing - Hazardous Materials Manufacturing - Insulation Manufacturing - Metal Manufacturing - Millinery Manufacturing - Nuclear/Radioactive Instrumentation Manufacturing - Oil/Well Supplies Manufacturing - Paints Manufacturing - Paper Manufacturing - Petroleum Manufacturing - Plastic/Vinyl Manufacturing - Poultry Processing (all kinds) Manufacturing - Refrigeration Manufacturing - Shoe Polish Manufacturing - Textile Manufacturing - Tile (all kinds) Manufacturing - Tobacco Manufacturing - Vulcanizing Manufacturing - Wire Products Manufacturing - Wood Processing PROCESSING Processing - Used automotive Processing - Recycling (all kinds) RECREATION Recreation - Archery Range (outdoor) Recreation - Athletic Fields (all kinds) Declaration of Restrictive Covenants Page 18 of 19 Recreation - Bowling Recreation - Fitness/Health (as primary use) SERVICE
creation - Archery Range (outdoor) Recreation - Athletic Fields (all kinds) Declaration of Restrictive Covenants Page 18 of 19 Recreation - Bowling Recreation - Fitness/Health (as primary use) SERVICE Recreation - Golf Course and Driving Range Service - Air Conditioner/Refrigerator Repair Recreation - Gymnasium (all kinds) Service - Appliance — Repair Major Recreation - Recreational Facilities (all kinds) Service - Dry Cleaning (all kinds) Recreation - Rifle and Pistol Range (outdoors) Service - Extended Stay Hotel or Timeshares Recreation - Skating Rink Service - Gasoline Filing Stations (all kinds) Recreation - Stable Service - Hotel Recreation - Recreational Vehicle Park Service - Laundry and Dry Cleaning (all kinds) Service - Cemetery or Mausoleum RETAIL Retail - Nursery (all kinds, including a plant STORAGE nursery) (as primary use) Storage - Fur Dyeing, Storage (all kinds) Retail — Convenience Stores (all kinds; excluding vending area for the Property) UTILITIES Retail — Tamales Utilities - Small Wind Energy System Retail - Portable Sales Buildings Utilities - Solar Farm (as primary use) Retail — Pawn Shop Utilities - Sanitary Landfill/Solid Waste Facility Retail — Tattoo Parlor Retail — Flea Market WHOLESALE Retail — Clubhouse — private lodges & meeting Wholesale — Nursery halls Wholesale — Tamale Preparation Declaration of Restrictive Covenants Page 19 of 19 EXHIBIT “D” FENCE DESIGN WOOD FENCE SECTION SCALE I = P-" Any proviston baveln which restricts the sale, or use of the described real roporty because of race is invalid and unenforceable under Federal law TATE OF TEXAS, COUNTY OF BEXAR { hereby Cortity that this instrument was FILED in File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED
rceable under Federal law TATE OF TEXAS, COUNTY OF BEXAR { hereby Cortity that this instrument was FILED in File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED Inthe OHlelal Public Record of Real Property of Bexar County, Texas on: JUN + 3 2016 COUNTY CLERK BEXAR COUNTY, TEXAS Doc# 20160109735 Fees: $10 foes & becorged 4" the Official ic Records o BEXAR C GERARD C. RICKHOFF COUNTY CLERK