2020002587 REST Total Pages: 5 DECLARATION OF RESTRICTIVE COVENANTS STATE OF TEXAS COUNTY OF WILLIAMSON § § § This Declaration of Restrictive Covenants (this "Declaration") is made by TFCC WILSON'S TRACE, LLC, a Texas limited liability company ("Declarant”), and is as follows: RECITALS A. Declarant is the owner of certain real property in Williamson County, Texas, described as Wilson Trace Condominiums, recorded in Document No. 2019068175 of the Official Public Records of Williamson County, Texas (the "Property”).
B.
Prior to Declarant's ownership of the Property, an Easement affecting the Property was granted to the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, recorded in the Official Public Records of Williamson County, Texas in Document Number 199942137 on June 23, 1999 (the "Easement"), over the portion of the Property which is described on Exhibit A, attached hereto and incorporated herein by reference (the "Easement Area”).
C. The Easement was subsequently assigned to the City of Austin, Texas; the City of Cedar Park, Texas; and the City of Leander, Texas (collectively, the "Cities") in an instrument recorded in Document No. 2009089311 in the Public Records of Williamson County, Texas.
D.
Declarant has agreed to impose upon the Easement Area those certain restrictive covenants set forth herein.
NOW, THEREFORE, it is hereby declared that the Easement Area shall be subject to the restrictive covenants set forth in Article 1 below, which shall run with the Easement Area.
ARTICLE 1 RESTRICTIVE COVENANTS All of the Easement Area shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following terms, provisions, limitations, and restrictions: 1.01
E 1 RESTRICTIVE COVENANTS All of the Easement Area shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following terms, provisions, limitations, and restrictions: 1.01 Prohibited Uses. Pursuant to the terms set forth in this Declaration and the Easement, any owner of property constituting any portion of the Easement Area is hereafter prohibited from excavating, building upon, obstructing, or otherwise disturbing the Easement, other than planting and maintaining grass, in any manner (the "Prohibited Uses"), without prior written approval of the Cities, which approval may be withheld for any reason. The Prohibited 98936755.7 1 Uses shall include, but may not be limited to, the construction of fences, gates, or other barriers on or across any portion of the Easement.
1.02 Permitted Uses of Declarant. Notwithstanding the foregoing, Declarant expressly reserves the right to the use, access to, and enjoyment of the Property and Easement Area, including the right of Declarant as owner of the Property to construct any and all improvements upon the Property and Easement Area which are not within the limits or boundary of the Easement. Declarant's rights shall include the ability to use the surface of the Easement for agricultural or grazing purposes, so long as such use does not unreasonably interfere with the use of, or access to, the Easement by the Cities for those purposes stated in the Easement. Additionally, Declarant expressly reserves all oil, gas, and other minerals owned by Declarant in, on, and under the Easement, provided that Declarant shall not be permitted to drill or excavate for minerals on the surface of the Easement, but Declarant may extract oil, gas,
owned by Declarant in, on, and under the Easement, provided that Declarant shall not be permitted to drill or excavate for minerals on the surface of the Easement, but Declarant may extract oil, gas, or other minerals from and under the Easement by directional drilling or other means which do not interfere with or disturb the use of the Easement by the Cities.
ARTICLE 2 BINDING EFFECT 2.01 This Declaration shall be binding upon all parties having any right, title, or interest in or to all, or any portion, of the Easement Area, their heirs, executors, administrators, successors, and assigns.
2.02 Each contract, deed, or conveyance of any kind conveying all or any portion of the Easement Area shall include a specific reference to this Declaration and shall conclusively be held to have been executed, delivered, and accepted subject to the Restrictive Covenants set forth in this Declaration, regardless of whether or not the same are set out in full or by reference in said contract, deed or conveyance.
3.01 ARTICLE 3 GENERAL PROVISIONS Amendment or Cancellation. This Declaration may only be amended or terminated by recording, in the Official Public Records of Williamson County, Texas, an instrument executed and acknowledged by the Declarant (or its successor as owner of the Property) and the Cities.
3.02 Severability; Governing Law. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion hereof shall not affect the validity or enforceability of any other provision. This Declaration and all rights and obligations created hereby shall be governed by the laws of the State of Texas.
98936755.7 2 3.03 Enforcement. Declarant and the Cities shall have the right to enforce, by a
aration and all rights and obligations created hereby shall be governed by the laws of the State of Texas.
98936755.7 2 3.03 Enforcement. Declarant and the Cities shall have the right to enforce, by a proceeding at law or in equity, all restrictive covenants imposed by the provisions of this Declaration. Venue of any action to enforce this Declaration shall be exclusively in the District Courts of the State of Texas sitting in Williamson County, Texas.
98936755.7 [SIGNATURE PAGE FOLLOWS] 3 2020 EXECUTED to be effective the day of Jandary DECLARANT: TFCC WILSON'S TRACE, LLC, a Texas limited liability company By: Seth-Greenspan, Authorized Signatory Carolyn Montgomery CANADA THE STATE OF TEXAS D § PROVINCE OF ONTARIO § /COUNTY OF TRAVIS', 2020 § This instrument was acknowledged before me on this day of JANUARY 2019 by Seth Greenspan, Authorized Signatory of TFCC Wilson's Trace, LLC, a Texas limited liability company, on behalf of said limited liability company.
sea Carolyn Montgomer MARVO Marie Deaches Notary Public, State of Texas/ NEWVINCE OF ONTARI VINCE ERNESTO NOTARY PUBLIC E ONTAR MARIO ERNESTO DELGADO NOTARY PUBLIC PROVINCE OF ONTARIO, 98936755.7 MARIO ERNESTO DELGADO Barrister & Solicitor, Notary Public, and Commissioner of Oaths In and for the Province of Ontario, Canada.
My Commission does not expire.
Notary Public registered with the Consulate General of the United States of America In Toronto, Ontario, Canada for authentication purposes.
1 73.13' N17°46'49.28"W N18'51'54.56"W 25.42' 89 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA PC STA. 1+33.50 [INSERT LEGAL DESCRIPTION] PC STA. 1+77.11 DRIVE 42.52' N20°44'38.20" ·WW.
N17'59'25.16"W 20.40' "N8°11'57.46″V 74.59' "R133.5" R5' R28' PRC STA. 1+85.77 PCC STA. 1+86.61) 2+00 88 PT STA. 2+15.61 DRIVE 87 -33' (TYP.)
A
RIPTION] PC STA. 1+77.11 DRIVE 42.52' N20°44'38.20" ·WW.
N17'59'25.16"W 20.40' "N8°11'57.46″V 74.59' "R133.5" R5' R28' PRC STA. 1+85.77 PCC STA. 1+86.61) 2+00 88 PT STA. 2+15.61 DRIVE 87 -33' (TYP.)
A AMENITY CENTER PC STA 2+60.84 (PT STA. 3+35.16) 3+00 86 (PC STA. 3+35.16 R15' PT STA. 3+23.84 85 EXISTING 42" WASTEWATER (PC STA 3+93.32 DRIVE E 510 OHE-1 OHE-1N48 55 34.73 ALAURE 711 98936755.7 t וז AITE DAY R41.5' R15 3+00 R15' PC STA. 1+30.56 2+00 DRIVE -33'' (TYP.)t 5+00 DRIVE PT STA. 4+91.44) PC STA. 1+31.68) 80 82 (PC STA PI STA. 3+66.66 DRIVE F 83 B4 76 77 78 RECORDERS MEMORANDUM 'All or parts of the text on this page was not clearly legible for satisfactory recordation.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS REST 2020002587 Fee: $41.00 01/09/2020 12:05 PM OSALINAS STATE TEXAS Nancy E. Ruter Nancy E. Rister, County Clerk Williamson County, Texas IN COUNTY