ELECTRONICALLY RECORDED TRV 8 2011141856 PGS -GREENBELT LICENSE DECLARATION Lot 1, Block. B, The Bluffs at Crystal Falls, Section 1~ Phase JA STATE OF TEXAS TRAVIS COUNTY § § § KNOW ALL PERSONS BY THESE PRESENTS: This Greenbelt License Declaration (this nLicense") is made effective as of the date set forth below by Taylor Morrison at Crystal Falls, LLC, a Texas limited liability company ("Declarant").
J RECITALS if) {) A. Declarant is developer of The Bluffs at Crystal Falls Section 1, Phase IA 1 Subdivision (the "Subdivision"), according to the plat recorded as. Document No.
✓ 2011005796, Official Public Records of Williamson County, Texas (the "Plat"). The Subdivision is subject to tha.t certain Declaration of Covenants, Conditions and Restrictions for Certain Communities of The Bluffs at Crystal Falls recorded under Document Number 2011017669 of the Official Public Records of Travis County, Texas (the "Subdivision Declaration"). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Subdivision Declaration .
B. Declarant is the present owner of Lot 1~ Block B of the Subdivision (the "Greenbelt Lot") and Lot 2, Block B of the Subdivision (the "Residential Lot''). The portion of the Greenbelt Lot locate.d between a greenbelt wall and the Residential Lot is described on Exhibit A attached hereto (the "Licensed Property'').
C. Dedarant now desires to grant a license to the present .and future owners of the Residential Lot (~ach, a "Resident") to use, enjoy and maintain the Licensed Property subject to the terms and conditions of this License. Declarant intends to later convey the
nd future owners of the Residential Lot (~ach, a "Resident") to use, enjoy and maintain the Licensed Property subject to the terms and conditions of this License. Declarant intends to later convey the Greenbelt Lot to the Crystal Falls Home Owner's Association, Inc. (the "Association") to become part of the Common Areas of the Subdivision subject to this License.
NOW, THEREFORE, it is hereby declared that the :Licensed Property shall be subject to this License, which shall be appurtenant to the Residential Lot, unless and until revoked in accordance with the terms and conditions set forth below.
1. Recitals, The foregoing recitals are incorporated herein for all purposes .
2. Grant and Pwpose of the License. Resident shall have the exclusive right to maintenance and removal of landscaping, recreational equipment and other non-permanen t structures permitted in accordance to the Subdivision Declaration.
1 156.4176.2 ' 3. Maintenance of the Licensed Property and Improvements. Resident shall properly maintain the Licensed Property at· Resident's sole cost and expense in accordance with the Subdivision Declaration.
4. Resident's Responsibility. Resident will be responsible for a.P.Y damage to property, including without limitation the greenbelt wall and any other facilities, improvements, utility lines or other property located within the Greenbelt Lot, and injuries to persons, caused by or related to Resident's. use of the Licensed Property .
5. Right to Enter upon the Licensed Property. The Association and Declfil'ant shall have the right to enter upon the Licensed Property, upon 48 hours notice to Resident,
use of the Licensed Property .
5. Right to Enter upon the Licensed Property. The Association and Declfil'ant shall have the right to enter upon the Licensed Property, upon 48 hours notice to Resident, to remove any improvements or alterations thereof whenever such removal is deemed appropriate by the Association or Declarant with respect to the Licensed Property, and to maintain any greenbelt walls, facilities, improvements, landscaping, utility lines or any other property located.on the Licensed Property.
6. Right to-Revoke the License. The Association or Declarant may revoke this License for any reason by delivering written notice to Resident at the Residential Lot.
Resident sh.all remove. any improvements, other than landscaping, installed by Resident on the Licensed Property within thirty (30) days following notice of revocation of this License, and any property remaining on the Licensed Property after such thirty day period shall be deemed to be the property of the owner of the. Greenbelt Lot.
7. Default. Resident's failure to maintain the Licensed Pr.operty or otherwise comply with the terms or conditiQns a_s !:let forth herein, may give rise to a cause of action for fines, damages, attorney's fees, and/or injunctive or other equitable relief.
8. Covenant Ronning with the Land. This License Agreement and all of the covenants herein shall run with the Licensed Property and the Residential Lot and inure to and bind each of the owners of the Licensed Property and Residential Lot and their respective successors and assigns. Unless and until this License is revoked in acc-0rdance with the terms set forth herein, each contract; deed or conveyance of any kind conveying the Licensed Property or the Lot shall conclusively be held to have been executed, delivered and
in acc-0rdance with the terms set forth herein, each contract; deed or conveyance of any kind conveying the Licensed Property or the Lot shall conclusively be held to have been executed, delivered and accepted subject to this License, regardless of whether or not: the same are set out in full or by reference in said contract; deed or conveyance.
9. Assignment. Except in comiection with the sale or conveyance of its interest in the Residential Lot, Resident shall not assign, sublet or transfer its interest in this License without the prior written. consent of Declarant. Declarant may assign its rights under this License at any time.
10. Applicable Law and Venue. This License shall be governed by the laws of the State of Texas. If the final judgment of a court of competent jurisdiction invalidates any part of this License, then the remaining parts shall be enforced, to the extent possible, consistent with the intent of this License. Venue for all lawsuits concerning this License 2 156417&.2 11. No Warranties. Declarant grants this License solely to the extent of its right, title and interest in the Licensed Property. without express or implied warranties.
12. No Change to Boundary Lines. Neither the grant Qfthis License nor the use of the Licensed Property by any party shall affe.ct the common boundary line separating the Greenbelt Lot and the Residential Lot. Toe boundary lines set forth on the Plat shall continue to be the true and correct boundaries of the Greenbelt Lot and the Residential Lot.
{Signature appears on the following page.] 3 !S64176.2 THE STATE OF TEXAS § § COUNTY OF TRAVIS § TAYLOR MORRISON AT CRYSTAL FALLS,
ppears on the following page.] 3 !S64176.2 THE STATE OF TEXAS § § COUNTY OF TRAVIS § TAYLOR MORRISON AT CRYSTAL FALLS, LLC~ a Texas limited liability company By: TAYLOR MORRISON OF TEXAS, INC., a Texas corporation, its Manager Title: ( l'<; f TAYLOR MORRISON OF TEXAS, INC., a Texas ~rporation, as Manager of TAYLOR MORRISON AT CRYSTAL FALLS, LLC, a Texas limited liability company, on behalf of said corporation and company-.
e POLLY J. HAGERTY My Commission Expires QctobefOS, 2013 Exhibit A~ Description of Licensed Property 4 1564.176.2