2023 - 24999 10/18/2023 01:13 PM Page 1 of 11 AFTER RECORDING RETURIC ROBERT D. BURTON MARK D. GROBN WINSTEAD RE 401 C ~Clerk ER, ESQ.
RESS AVE., SUITE 2100 Midland, TEXAS 78701 Copy Midland County Clerk Unofficial Copy BOOT LAKE RANCH [MIXED-USE] DE MENTTRACT DECLARATION Midland County Clerk Unofficial ZOO TRACT] Midland County, Texas Marant: BOOT LAKE RANCH PROPERTY OWNER, LLC company County Clerk Unofficial Copy Delaware limited liability Cross reference to Boot Lake Ranch Master Covenant [Mixed-Use], recorded as Document No.2023-24962, in the Official Public Records of Midland County, Texas.
Midland County Clerk Unofficial Copy 4868-6997-0028v.4 67336-1 Midland County Clerk Unofficial Copy 2023 - 24999 10/18/2023 01:13 PM Page 2 of 11 Midland County Clerk Unofficial Copy ARTICLE 1 DEFINIT LE OF CONTENTS Unofficial Copy ARTICLE 2 USE RESTRICTIONS.
Midland County 2.1 Use Restrictions ......
2.2 Maintenance.
ARTICLE 3 CONSTRUCTION RESTRICTIONS......
3.1 Construction of Improvements.....
ARTICLE 4 PARKING………………… 4.1 Easement 4.2 Rules and Regulations........
ARTICLE 5 GENERAL PROVISIONS………………… Term..
Amendment..
5.1 5.2 5.3 Interpretation 5.4 Enforcement and 5.5 Construction.
Midland County Clerk Unofficial Copy waiver .5 ..2 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 4868-6997-0028v.4 67336-1 DEVELOPMidland County Clerk Unofficial Copy OT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 3 of 11 LAKE RANCH [MIXED-USE] Midland County Clerk Unofficial Copy DEVELOPMENT TRACT DECLARATION [ZOO TRACT] Development Tract Declaration") is made by BOOT LAKE LLC, a Delaware limited liability company (the "Declarannidland This Development Tract Declaration [Zoo Tract] for Boot LakCounty Clerk Unofficial Copy
lopment Tract Declaration") is made by BOOT LAKE LLC, a Delaware limited liability company (the "Declarannidland This Development Tract Declaration [Zoo Tract] for Boot LakCounty Clerk Unofficial Copy RECITALS [Mixed-Use] (the CH PROPERTY OWNER, nd is as follows: A. This Development Tract Declaration is filed with respect to that certain real property located in Midland County, Texas, as more particularly described on Attachment 1, attached hereto and incorporated herein (the "Development Tract").
B. Pursuant to that certain Boot Lake Ranch Master Covenant [Mixed-Use], recorded as Document No. 2023-24962 in the Official Public Records of Midland County, Texas (the "Covenant"), Declarant served notice or more Development Tract will constitute Develop ficial Copy portions of the Property may be made subject to one tions and that the portions of the Property described therein Development Tract Day101, in addition to the Covenant.
A Midland County nt Tract and will be governed by and fully subject to t Tract is a portion of Boot Lake Ranch which is subject to Clerk Unofficial Copy, and provisions of the Covenant. A Development Tract Deck Includes specific restrictions which apply to the Development to the terms and provisions of the Covenant.
ract, in addition C. Declarant intends for this Development Tract Declaration to serve as one of the "Development Tract Declarations" permitted under the Covenant and desires that the Development Tract described and identified in Recital A hereinabove will constitute one of the Development Tracts which is permitted, contemplated and defined under the Covenant.
NOW, THEREFORE, it is hereby declared: (i) that all of the Development Tract will be held, sold, conveyed, and occupied subject to the following covenants, conditions and
d defined under the Covenant.
NOW, THEREFORE, it is hereby declared: (i) that all of the Development Tract will be held, sold, conveyed, and occupied subject to the following covenants, conditions and restrictions which will run with the Development Tract and will be binding upon all parties having right, title, or interest in or Development Tract or any part thereof, their heirs, ure to the benefit of each owner thereof; and (ii) that each successors, and assigns and contract or deed which portion thereof, will Copy to the following erkene executed with regard to the Development Tract, or a are set out ovenants, conditions and restrictions, regardless of whether full or by reference in said contract or deed; and (iii) that this Midland County 4868-6997-0028v.4 67336-1 1 ject the same elopment Tract OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] DEVELOPMidland Counte Copy 2023 - 24999 10/18/2023 01:13 PM Page 4 of 11 Declaration will supplement and the Covenant.
Clerk Unofficial Coalition to the covenants, conditions, and restrictions of 1 terms used but not defined in this Development Traciounty Clerk Unofficial Copy Midland Couzed te ARTICLE 1 DEFINITIONS meaning subscribed to such terms in the Covenant.
ARTICLE 2 USE RESTRICTIONS Midland eclaration shall have All of the Development Tract will be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 2.1 Use Restrictions.
collectively referred as a Applicable Law Title 5 of the Copy The Development Tract and all Improvements thereon must be used solely for activities that conform to all zoning requirements applicable to the Development Tract, unless a variance is otherwise granted in accordance w he Covenant. Specifically, the Development Tract may
for activities that conform to all zoning requirements applicable to the Development Tract, unless a variance is otherwise granted in accordance w he Covenant. Specifically, the Development Tract may be utilized as zoo, botanical en, aquarium, or other similar public amenity (hereinafter Facility") in accordance with all permitting requirements g, but not limited to, Chapter 69 of the Texas Administrative Parks and Wildlife Code. The use of the Development Tra Clerk Unofficial Minha sillary uses including, but not limited to, educational facilities erk Unofficial Copy ay include red toward the of furthering scientific understanding of protected wildlife an Conservation, parking, and beverage sales ancillary to Zoo Facilities, special breeding and care of wildlife and other similar and ancilla Midland County medical facilities for the ses permitted under Applicable Law. The foregoing uses shall be considered the “Permitted Uses” for the Development Tract.
In the event the Owner(s) of the Development Tract desire to utilize any portion of the Development Tract for uses other than the Permitted Uses, Declarant shall work in a good faith and non-discriminatory manner with the Owner(s) of the Development Tract to amend this Development Tract Declaration to provide for additional Permitted Uses, which may include commercial uses such as office and retail development, provided such uses are permitted under Applicable Law and do not otherwise unreasonably interfere with business operations of, or the entitlements or zoning for, or the overall design and use cohesion of the balance of the Property, subject to the terms, restrictions and conditions set forth in the Covenant.
2.2 Maintenance.
Each Owner, at Tract owned by compliance Midland County Clerk Unofficial Copy
the balance of the Property, subject to the terms, restrictions and conditions set forth in the Covenant.
2.2 Maintenance.
Each Owner, at Tract owned by compliance Midland County Clerk Unofficial Copy limited the following: sole cost and expense, shall keep any portions of the Develo Owner in a safe, clean, neat and attractive condition at all Applicable Law. Each Owner's obligations include, but 4868-6997-0028v.4 67336-1 2 DEVELOPM Unofficial Copy and in I no way be Midland County Clerk OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 5 of 11 (i) All rubbish, solid alation.
and other waste will be stored in clean and sanitary receptacles and will be removed promptly prior to All exterior lighting and mechanical facilities will be working order.
Midland County Clerk (iii) (iv) (v) (vi) roads will be kept in good repair andland County Clerk Unofficial Copy in good All parking areas will be striped and all ng areas, driveways and ept to the extent necessary to keep such areas clean and clear of debris.
All exteriors to any Improvements will be kept in good repair, including replacements, if necessary, and the exterior of all Improvements will be repainted as reasonably needed.
Lawn and other landscaped areas will be watered and fertilized at such times and in such quantities as required to keep the grass and other vegetation alive and attractive and will be kept free of weeds.
All trees, trimme Untofficial Copy Plants and ground cover will be timely and properly Cluding the removal of deadwood) according to their plant and the landscape design and will be watered and fertilize such times and in such quantities as are required to keep them attractive. Any dead tree, shrub, plant or ground cover w and replaced immediately.
he landscape design and will be watered and fertilize such times and in such quantities as are required to keep them attractive. Any dead tree, shrub, plant or ground cover w and replaced immediately.
Midland County Clerk Untoff 3.1 ARTICLE 3 Midland County Clerk Unofficial Copy CONSTRUCTION RESTRICTO and removed Construction of Improvements. No Improvements of any kind shall hereafter be placed, maintained, erected or constructed upon any portion of the Development Tract unless approved in advance and in writing by the Boot Lake Ranch Reviewer in accordance with the Covenant. Pursuant to Section 6.4.2 of the Covenant, the Boot Lake Ranch Reviewer may, but shall not be required to, adopt certain Design Code applicable to the Development Tract. All Improvements must strictly comply with the requirements of the Design Code unless a variance is obtained pursuant to the Covenant. The Design Code may be supplemented, modified, amended, or restated by the Boot Lake Ranch Reviewer as authorized by the Covenant.
4.1 Initial Cop to comp ARTICLE 4 PARKING facilitate the development, marketing and sale of the with Applicable Law, Declarant or any future Owner(s) of Midland County 4868-6997-0028v.4 67336-1 DEVELOPMidland evelop Clerk Unofficial Copy 3 Tract and elopment Tract DOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 6 of 11 may construct various publicly Unofficial Copy parking lots, parking spaces or other parking facilities and any associated impres ments, roadways, driveways and sidewalks (the "Parking Facilities"). For the on and mutual benefit of the Development, Declarant hereby impress upon Development Development Tract and grant, sell and convey to any 4 Mida eventy of the Midland County Clerk Unofficial Copy
or the on and mutual benefit of the Development, Declarant hereby impress upon Development Development Tract and grant, sell and convey to any 4 Mida eventy of the Midland County Clerk Unofficial Copy and each and every Owner of any other Development within the a perpetual, non-exclusive and reciprocal easement and across the Tract (the "Parking Easement") for the purposes ree and uninterrupted ehicular parking and access in and to and use of the Parking lities. The Parking Easement shall be for the benefit of and appurtenant to each and *Development Tract within the Development and may be used by each and every Owner and their respective permitted successors and assigns, and their respective tenants, subtenants, employees, guests, licensees, contractors, agents, and invitees, for the purposes set forth in this Article 4. Nothing herein shall prevent the redevelopment of, changes, alterations or additions to, or the re-routing or temporary or permanent closing of existing roadways, sidewalks and/or driveways on or within the Development Tract, so long as there continues to be reasonable access between other Development Tracts within the Development and access to and from and use of the Parking Facilities.
4.2 Rules and Tract may fromulationcopy Use of the Parking regarding parking, ement is further subject to such reasonable rules and and use of the Parking Facilities as any Owner of the to time determine (the "Parking Rules"); provided however per shall not prohibit use of the Parking Facilities for parking Midland y Owner to exercise its rights under this Development County unding, tidligation, Unofficial Copy any such ner which materially interferes with any other Owner's of the Parking Facilities, es or otherwise Declaration in any
rights under this Development County unding, tidligation, Unofficial Copy any such ner which materially interferes with any other Owner's of the Parking Facilities, es or otherwise Declaration in any improvements or by the storage or placement of any personal property thereon, which would prevent the use of the Parking Facilities for the for the purposes set forth in this Article 4. Any Parking Rules imposed on the Development Tract by an Owner thereof may give priority to such Owner, its Tenants, and their customers, clients, employees and invitees to use the Parking Facilities on the Development Tract, including the designation of certain reasonable portions of the Parking Areas as "reserved" or as employee parking. The Parking Easement and rights created hereunder shall be used and enjoyed by each Owner in such a manner so as not to unreasonably interfere with, obstruct or delay the operation of any business lawfully conducted on the Development Tract or conducted by any of the other Owners or Tenants or their respective permitted successors contractors, agents, and reasonable provisions assignees, to charge is alco assigns, subtenants, employees, guests, licensees, or any other Owner or Tenant within the Development official Copy right to access Midland County 4868-6997-0028v.4 67336-1 within the Development. The Parking Rules may include Mg any Owner or Tenant, or their permitted successors vehicles in or on the Parking Facilities within the Developme DEVELOPM Midland County ract.
the OOT LAKE RANCH (MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 7 of 11 5.1 The this ARTICLE 5 GENERAL PROVISIONS Clerk Unofficial Copy Midland Countys, covenants, conditions, restrictions, easements, charges, a
ON [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 7 of 11 5.1 The this ARTICLE 5 GENERAL PROVISIONS Clerk Unofficial Copy Midland Countys, covenants, conditions, restrictions, easements, charges, a lopment Tract Declaration will run with and bind the Deventy Clerk Unofficial Copy be to the benefit of and be enforceable by the Association, Midland liens set out in Tract, and will every Owner, including Declarant, and their respective legal representatives, heirs ressors, and assigns, for a term beginning on the date this Development Tract Declaration Recorded, and continuing through and including January 1, 2095, after which time this Development Tract Declaration will be automatically extended for successive periods of ten (10) years unless a change (the word "change" meaning a termination, or change of term or renewal term) is approved by all Owners of the Development Tract and the Declarant during the Development Period. Notwithstanding any provision in this Section 5.1 to the contrary, if any provision of this Development Tract Declaration would be unlawful, void, or voidable by reason of any Applicable Law restricting the period of time that covenants on land may be enforced, such provision will expire twentyone (21) years after the death of the last survivor of the now living descendants of Charles III, King of England.
5.2 Amendments This Development Tract Declaration may be amended or tenofficial Copy Midland County Clerk Unofficial Copy 5.3 (ii) the Recording of an instrument setting forth the and acknowledged by the president and secretary been approved by Declarant (until Dent executed the Association setting forth the amendment antil eman such amendment has tion or termination of the Development Period) and each Owns of a portion of the Development
by Declarant (until Dent executed the Association setting forth the amendment antil eman such amendment has tion or termination of the Development Period) and each Owns of a portion of the Development Tract.
This Development Tract Declaration shall be governed by the Covenant.
Any subsequent amendment of the Covenant shall be binding against the Development Tract only upon the ratification of such amendment adopted in accordance with Section 5.2 (i).
Interpretation, The provisions of this Development Tract Declaration will be liberally construed to effectuate the purpose of creatin Development Tract, Declaration will not proviiclala uniform plan for the development and operation of the land owned nofficial Copy however, that the provisions of this Development Tra to impose any restriction, condition or covenant whatsoever Marant other than the Development Tract. This Develo Declaration will be construed and governed under the laws of the State Midland County Clerk 4868-6997-0028v.4 67336-1 5 DEVELOPM Midland County any t Tract OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 8 of 11 5.4 Enforcement and Except as Declarant and Development intervene Suck Midland County diver.
Kuntofficiak Copy ociation will have the right to enforce all of the Fsion official Copy provided herein, any Owner, at such Owner's own exp Declaration. The Association and/or the Declarant may any action brought to enforce any provision of this Develop EY violated, in whole or in part, is hereby declared to be a nui junctive t of enforcement will include both damages for and this defend or act Declaration.
against the breach any provision hereof. Every act or omission whereby any Msion of the Documents is and may be enjoined or abated
ent will include both damages for and this defend or act Declaration.
against the breach any provision hereof. Every act or omission whereby any Msion of the Documents is and may be enjoined or abated by any Owner (at such Owner's own expense), Declarant or the Association. Any violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion of the Development Tract is hereby declared to be a violation of this Development Tract Declaration and subject to all of the enforcement procedures set forth herein. The failure to enforce any provision of the Documents at any time will not constitute a waiver of the right thereafter to enforce any such provision or any other provision of the Documents.
5.5 Construction.
The provisions of this Develop Unofficial Copy Tract Declaration will be deemed independent and severable, and the invalidity or artial invalidity of any provision or portion hereof will not affect the validity or ility of any other provision. Unless the context contrary construction captions and any enty singular will include the plural and the plural the singuresficial Copy Ce used in this Development Tract Declaration are convenience preference and will not enlarge, limit, or otherwise affect that Midland Coparagraphs, sections, or articles hereof.
intendentely for Cl chis set forth in [SIGNATURE PAGE FOLLOWand County Midland County Clerk Unofficial Copy 4868-6997-0028v.4 67336-1 6 DEVELOPM Midland County Clerk Unofficial Copy OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 9 of 11 EXECUTED to be Midland County Clerk Unof ctive on the date this instrument is Recorded.
DECLARANT: BOOT LAKE RANCH a Delaware limited County Clerk Unofficial Copy By: Boot Lake ability mpany WNER, LLC,
XECUTED to be Midland County Clerk Unof ctive on the date this instrument is Recorded.
DECLARANT: BOOT LAKE RANCH a Delaware limited County Clerk Unofficial Copy By: Boot Lake ability mpany WNER, LLC, Development Company, LLC, a Delaware limited liability company, its Manager THE STATE OF TEXAS COUNTY OF Midland This instrument by Adam Cunyus limited liability § ss § Copy By: Name: Adam Cu Title: Co-President Delaware Cerknowledged before me this day of Midland SEAL) NOTARY OF T PUBLI Co-President of Boot Lake Development Company, LLC, a23ficial Copy pany, Manager of BOOT LAKE RANCH PROPERTY OWNER mited liability company, on behalf of said entities.
JESSICA FRANCO Notary ID #125232871 My Commission Expires September 29, 2024 Notary Public Sidland County Clerk ture Midland County Clerk Unofficial Copy 4868-6997-0028v.4 67336-1 DEVELOPMENT and County Clerk Unofficial Copy 7 BO LAKE RANCH [(MIXED-USE] DECLARATION [ZOO TRACT] 2023 - 24999 10/18/2023 01:13 PM Page 10 of 11 A 51.097 Acre Midland, TTACHMENT 1 Clerk Unofficial Copy PROPERTY DESCRIPTION of Land located in Lot 1, Block 21, Grassland Estates, Sectionerk Unofficial Copy Couand County, Texas.
Midland ndary more fully described by metes and bounds as follows: Midland County City of Beginning at (N: 10697067.74', E: 1727657.05') a 1/2 inch iron rod with cap marked 'ASB 5689' set for the northeast corner of this tract, whence a 1/2 inch iron rod found at the southeast corner of Lot 1, Block 21, Grassland Estates, Section 16 recorded in Cabinet F Page 157, Midland County Plat Records bears South 50°46'24" East, a distance of 1638.39 feet; Thence South 00°25'37" West, a distance of 1022.20 feet to a 1/2 inch iron rod with cap marked 'ASB 5689' set for the southeast corner of this tract;
South 50°46'24" East, a distance of 1638.39 feet; Thence South 00°25'37" West, a distance of 1022.20 feet to a 1/2 inch iron rod with cap marked 'ASB 5689' set for the southeast corner of this tract; Thence South 48°04'59" West, a distance 'ASB 5689' set for a point of deflectionCOR Thence South 81°21'17" W 'ASB 5689' set for a Thence No 356.62 feet to a 1/2 inch iron rod with cap marked south line of this tract; distance of 375.27 feet to a 1/2 inch iron rod with cap mark deflection in the south line of this tract; Midland County Clerk Unofficial set for the southwest corner of this tract; 'ASR 30" West, a distance of 1389.76 feet to a 1/2 inch iron rot Thence with a curve to the right in a northwesterly directiondland Cou Clerk ith cap Unofficial Copy marked of 339.42 feet, an arc length of 373.03 feet, a delta angle of 62 58'09", and a chord length of 354.54 curve having a radius length feet bearing North 08°57'57" West to a 1/2 inch iron rod with cap marked 'ASB 5689' set for a point of tangency in the west line of this tract; Thence North 30°55'47" East, a distance of 840.21 feet to a 1/2 inch iron rod with cap marked 'ASB 5689' set for the northwest corner of this tract; Thence South 60°03'19" East, a distance of 401.44 feet to a 1/2 inch iron rod with cap marked 'ASB 5689' set for a point of curvature in the north line of this tract; Thence with a curve to the left 2038.67 feet, an arc length Copy feet bearing South 76° officesoutheasterly direction, said curve having a radius length of Containing Midland Count 8.35 feet a delta angle of 32°33'17", and a chord length of 1142 East to the Point of Beginning.
acres of land.
4868-6997-0028v.4 67336-1 DEVELOPM Midland County Clerk I ATTACHMENT 1 OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] Copy
chord length of 1142 East to the Point of Beginning.
acres of land.
4868-6997-0028v.4 67336-1 DEVELOPM Midland County Clerk I ATTACHMENT 1 OOT LAKE RANCH [MIXED-USE] TRACT DECLARATION [ZOO TRACT] Copy Recorded On: October 18, 20 idland Total Recording: $62.00 File Information: 2023-24999 10/18/2023 1:14 PM Page 11 of 11 Midland County Alison Haley Midland County Clerk Instrument Nu 24999 nty Clerk Unoff 01:13 PM " Real Property Number of Pages: 11 Examined and Charged as Follows: Any provision herein which restricts the Sale, Rental or use of the described PE because of color or race is invalid and unenforceable underte PROPERTY Document Number: 24999 Receipt Number: 20231018000058 Recorded Date/Time: October 18, 2023 01:13 User: Station: COUNTY COUR MIDLAND UNTY, TEXAS Abarrane C CC10299 anch Cour NTY OF MIDLAND Clerk Unoffi and Return To: Simplifile TX I hereby certify that this Instrument was FILED In the File Number sequence on the date/time Alison Haley printed hereon, and was duly RECORDED in the Official Records of Midland County, Texas.
Midland County Clerk Midland County, TX Ausisa Haley Midlan Midlan