Unofficial Copy Unofficial Copy Unofficial Copy UTC 972021 skf THE STal Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy E OF TEXAS COUNTY OF BRAZOS Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy RESTRICTIVE COVENANT AND AGREEMENT § § This Restrictive Covenant Copy Unofficial Copy Agreement ("Agreement") is mad copy Unofficial Copy 06524 on the date hereinafter set forth by Burton Ray Hermann and Virginia Boriskie Hermann, Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boiskie, deceased and Burton Ray Hermann, Virginia Boris Hermann, Michael W. Thiltgen and Cheryl Thiltgen. Partners in the Lydia Boriskie Partnership (such parties, collectively referred to as "Owner") as a covenant runni with the land contained within Horse Haven Estates (except for Lot 2 thereof, which is expressly excluded), a subovision in Brazos County, Texas created by Deed Restrictions dated March 15.
1996 recorded in Volume 2558, Page 121 of the Official Records of Brazos County, Texas and amended by Amended Deed Restrictions of Horse Haven Estates dated October 3, 1997 and recorded in lume 2948, Page 310 of the Official Records of Brazos County, Texas and as further amended by Additional Deed Restrictions for Horse Haven Estates Subdivision dated March 18 , 1998 as recorded in Volume 3062, Page 18 of the Official Records of Brazos County, Texas (all of the above instruments herein collectively referred to as the "Deed Restrictions").
Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop WHEREAS, a Final Plat WHEREAS, a Unof Lot 2 of Horse Haven Estates, consisting of 25.07 acres ("Lot 2"), was filed of record in Volume 3066 at Page 11 in the Official Records of Brazos County, Texas: and
REAS, a Final Plat WHEREAS, a Unof Lot 2 of Horse Haven Estates, consisting of 25.07 acres ("Lot 2"), was filed of record in Volume 3066 at Page 11 in the Official Records of Brazos County, Texas: and • Development Agreement was Unoffi Station, Texas on March 12, 1998 and filed of record.
Texas in Volume:§065 at Page 245 (the "Development Agreement”); and cofficial execured by Owner and the City of Colle in the Official Records of Brazos County, WHEREAS, the Development Agreement covers, among other things, the agreement of the parties there with respect to the southerly extension of Appomattox Drive; and Cop Unoffic VHEREAS, Owner is on this day selling Lot 2 to Lone Star College Station Golf Academy, Ltd. ("Lone Star") and in connection with such sale, Lone Starnas required certain strictions be added to the restrictions affecting Horse Haven Estates and that certain assurances be made by Owner to Lone Star and Owner is willing to execute such restrictions and provide such assurances in favor of Lone Sta NOW, THEREFORE, as a condition of the purchase official hereby impose upon a of Horse Haven Estates (except for Lot 2, which HOU03:120728.2 Copy hereby expressly excluded) the following covenants which shall be covenants running with the land and shall be any portion of Horse Haven Estates (except binding upon any purchaser, grantee, owner, or lessee Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy Boun Unofficial Cop Unofficial Copy Unafficia 03077 Unofficial Copy Uncrficial 4 Unofficial Copy Unofficial by Lone Star, Owner a besnofficial Copy Unoffici Unofficial Copy Unofficial Copy Unofficial Copy Copy Unoffic Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy
ne Star, Owner a besnofficial Copy Unoffici Unofficial Copy Unofficial Copy Unofficial Copy Copy Unoffic Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial C Unofficial Copy Unofficial copy Uppificial Copy Unofficial Copy HOU03 12072% 2 unless Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy for Lot 2 thereof, which is expressly excluded), and upon the respective heirs, executors.
administrators, devisees, successors and assigns of any such purchaser, grantee, owner or lessee: Copy is expreffi eluded) shall be restricted for all purposes to those uses, zoning and developments officia 065245 Unofficial Com Unofficial Copy Unofficial The use, zoning and development of Horse Haven Estates (except for Lot 2, which which will not cause the City (as defined in the Development Agreement) tofequire the southerly ension of Appomattox Drive oyge Lot 2. Owner, on behalf of itsel and its successors and assigns, agrees that it will not with, espect to Horse Haven Estates pursue a change in zoning, change the use of or redevelop Horse oven Estates or any portion thereof the extent that such change in zoning, change in use or redevelopement would require the southerly extension of Appomattox Drive over Lot 2. Owner knowledges that Lone Star, its sugressors and assigns, shall be free to change or seek to change the use, zoning or to redevelop L2 at any time and from time to time.
fficial Ngo withstanding the fact that Lot 2 has been platted as "Lot 2 of Horse Haven Estates" pursuant to the Plat, Owner acknowledges and agrees that Lot 2 is not subject to any deed restrictions. architectural control committee submission and approval requirements, dues,
Horse Haven Estates" pursuant to the Plat, Owner acknowledges and agrees that Lot 2 is not subject to any deed restrictions. architectural control committee submission and approval requirements, dues, assessments.
S.
strictions on land use or activities, restrictions on lot sizes, easements, maintenance obligations or any other provisions of the Deed Restrictions applicable to property located in Horse Havenates and none of such restrictions the same may be amended from one to time) shall everybe applicable or be amended to be fade or attempted to be made applicable to Lot 2. Any auendments to the Deed Restrictions or any additional deed restrictions or matters purporting to fffect Lot 2 shall be null and void and of no force and effect with respect to Lot 2.
official 1 Lone Star agres and acknowledges that the provisio set forth in the Additional Deed Restrictions for Horse Haven Estates Subdivision recorded in Volume 3062, Page 156 with respect to maintaining fencing shall be applicable to Lot 2 during the period which Lot 2 is used for a practice facility. Othge than as set forth in the immediately preceding sentence, the parties agree that Lot 2 is unrestrictin in all respects.
Unoffic fficial This Agreement is made for the benefit of Lone Star and its assigns and the successor owners of Lot, and is appurtenant to Lot 2, as same may be subdivided, and may be enforced by any of such owners, their successors and assigngo This Agreement may not be modify or amended He then owners of Lot 2, as same maybe subdivided, agree in a written, recorded instrument to such modification or amendment.
Unoft Unoffici In the event of any terference or threatened interfere with the rights herein
Lot 2, as same maybe subdivided, agree in a written, recorded instrument to such modification or amendment.
Unoft Unoffici In the event of any terference or threatened interfere with the rights herein granted or reserved, such rights gay be enforced by restraining orders and injunctions (temporary or permanent) prohibiting suchterference and commanding complence with the provisions hereof, which restraining orders and injunctions shall be obtainable upon proof of the existence of such interference or threatenge interference, and without the necessity of proof of inadequacy of legal remedies or irreparable farm; provided, however, nothing herein shall be deemed to be an election of remedies or a waiver of any other rights or remedies&vailable at law or in equity.
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oun Unoffici Unofficial official Copy 03077 Unofficial al Copy Unofficial 35 Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial cial Copy Unofficial Copy Unofficial Copy Unofficial Copy cial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy other Unofficial Copy Unofficial_Copy UR Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia the party nopy the event any party hereto breaches any of the terms of this Agreement whereby 0652415 default employs attorneys to protect or enforce its rights hereunder and prevails, then Unoffici the defaulting party agrees to pay to the other party reasonable attorneys' fees so incurred by such I party at trial and all appellate levels Copy In the event any one gemore of the provisions contained in this Agreement shall for
pay to the other party reasonable attorneys' fees so incurred by such I party at trial and all appellate levels Copy In the event any one gemore of the provisions contained in this Agreement shall for any reason be held to be invalid. Negal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
cial Copy Descriptive headings are for convenience Unofficia meaning or construction of any provision of this Agreement. Whenever the context, Agreement requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of whatsoever gender shall be deemed to include and designate the masculine.
feminine or neuter gender.
Unofficial Copy Unofficial Copeto have executed at least one counterpart.
opy 03077 and shall not control or affectomy Unofficial Copy Unofficial fficial For the convenience of the parties, this Agreement may be executed in any number of counterparts, each of which may be executed by any one or more of the parties hereto but all of which shall constitute one instrument, and shall be binding and effective only then all of the parties the laws of the State of Texa This Agreement shall be governed by and construed Unofficial Copy The term Owner" shall mean and refer to Owner, its successors and assigns and successive owners Reall I or any part of Horse Haven Estates (other than Lot 2) and the term Star" shall mean and refer to Lone Star, its successors and assigns and the successive owners of all or any part of Lot 2.
Agreement.
Unofficial Copy Unofficial Copy enforced in accordance with
e term Star" shall mean and refer to Lone Star, its successors and assigns and the successive owners of all or any part of Lot 2.
Agreement.
Unofficial Copy Unofficial Copy enforced in accordance with After the date hereof, each party hereto at the request of the other hereto and party without additional consideration, shall execure and deliver or shall cause to be executed and delivered from time to time such further instruments to document the agreements set forth herein and shallake such other action as the other may reasonably require to achieve the purpose of this Unofficial Copy Unofficial Copy Unofficial Copy HOU03:120728, Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Copy one this Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Copy l Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial CORY Unofficial Copy Unofficial Co 06524 IN WITNESS WHEREOF.
to be effective this the 28 day of March.
Owner has executed this Restrictive Covenant and Unofficial Copy Unofficial Copy Unofficial Copy "Owner" Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Agreement 7 3 NNOW> 7 Ray Herman Unofficial Copy Unofficial Copy Unofficial Copy Bart's Burton Ray Very Hermann Hermann Bereshit Boriskie H and as Estate Friejal COPY Unofficial Copy Unofficial Copy Unofficial الحاله 业 W. Thiltgen.
harles. In Individually, Boriske. Deceased Independent Executor of of Lydia Frances LYDIA BORISKIE PARTNERSHIP Official Copy Unofficial Copy Unofficia
Unofficial Copy Unofficial الحاله 业 W. Thiltgen.
harles. In Individually, Boriske. Deceased Independent Executor of of Lydia Frances LYDIA BORISKIE PARTNERSHIP Official Copy Unofficial Copy Unofficia Unofficial Copy Unofficial Copy Unofficial Copy By: By: Unofficial Virgin Boriskie Unofficial Hermann, shie Burton Ray Butan Unofficial Copy Unofficial Copy Unofficial General Hemne Part Ray Ber Hermann, Partner Michael W. Thiltgen.
Cheres riner 2/2 les Official Copy icial Copy Unofficial Copy Cheryl Partner By: By Unofficial Copy Unofficial Copy Unofficial Copy 0728 2 HOU03 12072 Unncial Copy Unofficial Copy Unofficial Copy % Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial cial Copy Unofficial Copy Unofficial Copy Unofficial cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy THE STATE OF TEXAS COUNT OF BRAZOS § § Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Copy Unofficial Copy Unofficia 06524 15 03077 day of March. 1998. by BURTON This instrument was acknowleged before me on this 30 day RAY HERMANN.
Unofficial Copy Unofficial Copy official KARY MERSMANN Notary Public State Texas My Commission Expires MAY 8, 2001 THE STATE OF TEXAS COUNTY BRAZOS § Kem nofficia ial Cop for the State of Texas Notary Public ing My Commission Expires:_ Unoff before me on this instrument was acknowledofficial Copy Inofficial op VIRGINIA BORISKIE HERMANN.
Unofficial Copy Unofficial Cop יה Unofficial KARY MERSMANN Notary Public State of Texas fficially Commission Expires THE STATE OF TEXAS BRAZOS COUNTY OF BRAZOS Copy MAY 18, 2001 Кни 038 Copy Unofficial Copy
cial Copy Unofficial Cop יה Unofficial KARY MERSMANN Notary Public State of Texas fficially Commission Expires THE STATE OF TEXAS BRAZOS COUNTY OF BRAZOS Copy MAY 18, 2001 Кни 038 Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial 30 day March. 1998, by the State of Texas Notary Publican and fic My Commission Expires: me on this Unofficial Copy Unofficial Copy Unofficial This instrument was acknowledged Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial day of 30 da Unoch, 1998, by MICHAEL W. THILTGEN, Individually and as Independent Executor of t Frances Boriskie, Deceased.
Unofficial Copy Unofficial Copy HOU03:120728.2 KARY MERSMANN Notary Puble State of Texas office mission Expires My 18. 2001 Ким тель Notary Public in and Unof Estate of Lydia the State of Texas My Commission Expires: Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial l Copy Unofficial Copy Unofficial Copy Unofficial l Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 06524 Unofficial Copy Unofficial Copy Unofficial THE STATE OF TEXAS COUNTY BRAZOS Unofficial aleppy CGINIA BORISKIE HERMANN, General Partner in the Lydia Boriskie This instrument was acknowledofficial Copy Unofficial KARY MERSMANY Notary Pk State of Taxas My Coussoires MAY 18001 before me on this 30° day Cop Kaly merma Notary Public in and offi My Commission Expires:.
nofficial Copy March. 1998, by the State of Texas THE STATE OF SEXAS COUNTY OF BRAZOS RAY Copy ...
§ Unofficial
fore me on this 30° day Cop Kaly merma Notary Public in and offi My Commission Expires:.
nofficial Copy March. 1998, by the State of Texas THE STATE OF SEXAS COUNTY OF BRAZOS RAY Copy ...
§ Unofficial This instrument was acknowledged befige me on this 30 day of March.
Unofficial Copy Unofficial Copy UnowMANN, Partner in the Lydia Bogskie Partnership.
Unofficial Copy Unofficial Copy KARY MERSMANN Notary Public State curas, My Commist on Expos MAY 18 2001 THE STATE OF TEX Unofficial Copy COUNTY OF BRAZOS $ MICHAEL Unofficial Copy Unofficial Copy officia HOU03 12072% 2 Unancial Copy Unofficial Copy Unofficial Copy cial Copy འ Buy Meising Unofficial Copy Notary Public in and for State of Texas My Commission Expires: Unofficial Copy Unofficia THILTGEN, Partner in the Lydis Boriskie Partnership, 03077 Unofficial Copy Undicial Copy Unofficial by BURTON Unofficial Copy Unofficial Copy Unofficial This instrument was acknowledged before me on this 30 day of March 1998, by KARY MENSMANN Neay State of Tuxas My Commission Expres MAY 18 2001 Unofficial Copy Unofficial Copy Unofficial.co 9.
Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Купильним Notary Public in and for the My Commission official Copy State of Texas Unofficial Copy Unofficial Cop Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial sial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy STATE nofficial Copy OF TEXAS Unofficial Copy Unofficial Copy Unofficial Copy THE Unofficial Cop Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Cop CHERYL 0652415 copy Unofficial Copy Unoffici 03077 COUNTY OF BRAZOS This instrument was § before me on me on this 30 day
fficial Cop Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Cop CHERYL 0652415 copy Unofficial Copy Unoffici 03077 COUNTY OF BRAZOS This instrument was § before me on me on this 30 day THILTGEN, Partner in the Lydia Boriskie Partnership.
Unofficial मसू KARWATERSMANN Nola lic State of Texas MoCommissioni Expires MAY 18, 2001 Kaus те of N Merina 1998, by Notary Public in and for the State of Texas My fficial Compassion Expires:_ Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy HOU03:12072 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Copy " Unofficial Copy Unofficial Co as Unofficial Copy Record Filed for BRAZOS COUNTY On: Apr 10: at 03:23P official Copy 83,1 As a Cordings Doaghent Numbers 8652415 Arcunt 18.00 Receipt Number - 108273 By, Karen McQueen official Copy Unofficial Copy Unofficial STATE OF TEXAS I hereby certify that filed on the date and time starped and was OF instrument was hereon by 距 page daly recorded in the volare and of the nased records : BRAZOS S COUNTY, starped hereon by Unofficial Copy Unofficial Copy Unofficia Unofficial Copy Unofficial Copy Unofficial Copy Copy HONORABLE MARY AND BRAZOS COUNTY, HR 3, 1998 WARD, COUNTY CLERK Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial nofficial Copy Unofficial