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R-08-08-14-8B2 - 8/14/2008RESOLUTION NO. R -08-08-14-8B2 WHEREAS, Encino Plaza, a subdivision Texas is within a public improvement district Council on December 10, 1996, and WHEREAS, the owners of the real property known as have adopted a Declaration of Covenants, Conditions and which requires execution by the City, and WHEREAS, the owners of the real property known as in Williamson County, authorized by the City Encino Plaza Restrictions Encino Plaza have submitted an Amended Declaration of Covenants, Conditions and Restrictions ("Amended Declaration"), and WHEREAS, said Amended Declaration deletes the restrictions against overnight parking of campers, motor homes, boats, trailers, commercial trucks, mobile homes, or heavy equipment for Lot Three -B (3-B), Block "B", Plat Amendment of Lots 3 -Al and 3-A2, Block B, of Encino Plaza, so long as said lot is owned and operated as a hotel, and WHEREAS, the City wishes to approve said Amended Declaration, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Amended Declaration of Covenants, Conditions and Restrictions which deletes the restrictions parking of campers, motor homes, mobile homes, commercial trucks, or heavy equipment for "B", Plat Amendment of so long as said lot is 0: WDOX \ RESOLUT1,1280814B2.DOCirmc against overnight boats, trailers, Lot Three -B (3-B), Block Lots 3 -Al and 3-A2, Block B, of Encino Plaza, owned and operated as a hotel, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2008. ATTEST: SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas AMENDMENT TO DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS This Amendment to Declaration of Covenants, Conditions, and Restrictions (this "Amendment") is made and entered into as of April , 2008, by and between Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation; the City of Round Rock, Texas; BENNI-5461, L.P., a Texas limited partnership; Lone Rock, Ltd., a Texas limited partnership; Encino Plaza Property Owner's Association, Inc., a Texas nonprofit corporation; SAR Western Center Plaza, LP, a Texas limited partnership; DEN -6768, L.P., a Texas limited partnership; 2800 IH35 Investment, L.L.C., a Texas limited liability company; and Hamid R. Zarafshani (each an "Owner" and, collectively, the "Owners") and the City of Round Rock, Texas (the "City"). Recitals WHEREAS, each Owner is a current record owner of the fee simple title to a portion of the real property (the "Property") described on Exhibit "A" attached hereto and incorporated herein by reference, and the Owners collectively constitute more than seventy-five percent (75%) of all of the current record owners of the fee simple title to the individual tracts, lots, or portions thereof comprising the Property; WHEREAS, on or about February 20, 1996, the Owners' predecessor in interest entered into the Declaration of Covenants, Conditions, and Restrictions (the "Original Declaration") recorded as Document No. 9609716 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain easements, restrictions, covenants, and conditions; WHEREAS, on or about September 25, 1997, Owners or Owners' predecessors in interest and the City entered into the Amended Declaration of Covenants, Conditions, and Restrictions (the "First Amended Declaration") recorded as Document No. 9746495 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain amended easements, restrictions, covenants, and conditions; and WHEREAS, on or about January 14, 1999, Owners or Owners' predecessors in interest and the City entered into the Second Amended Declaration of Covenants, Conditions and Restrictions (the "Second Amended Declaration") recorded as Document No. 9914143 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain further amended easements, restrictions, covenants, and conditions (the Original Declaration, the First Amended Declaration, and the Second Amended Declaration are collectively referred to herein as the "Declarations"). NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owners and the City hereby agree to the following terms and conditions: Amendment to Declarations of Covenants, Easements, and Restrictions - Page 1 Amendment to Declarations Section 2.02 of the Declarations is hereby deleted in its entirety and replaced with the following: 2.02 Prohibited Uses. The Property shall not be used for any of the following uses: (a) a truck -stop operation, truck maintenance and/or repair facility, and truck or automobile body repair or painting facility; (b) overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment; (c) parking of any vehicles for extended periods of time on unpaved surfaces; (d) a sexually oriented business as defined in the Code of Ordinances, City of Round Rock, as amended; (e) (f) a salvage yard; and mini warehouses. The restrictions against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment contained in Section 2.02(b) above shall not apply to parking within the boundaries of each of the following lots as long as said lot is owned and operated as a hotel: Lot Two -A (2-A), Block "B" of the Replat of Lots 1, 2, and 3—Block "B" ENCINO PLAZA, a subdivision in Williamson County, Texas, according to the map or plat or record in Cabinet 0, Slides 336-337, Plat Records of Williamson County, Texas. Lot Three -A -Three (3-A3), Block "B" of the Replat of Lot 3-A, Block "B" ENCINO PLAZA, a subdivision situated in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet Q, Slide 184, Plat Records of Williamson County, Texas. Lot 3-B, Block "B", PLAT AMENDMENT OF LOTS 3 -Al and 3-A2 BLOCK B, ENCINO PLAZA, a subdivision in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet T, Slide 272 of the Plat Records of Williamson County, Texas. The exemption as to overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment on each of the above- described lots is only applicable to those vehicles which belong to guests of the hotels to be located on the lots. Should any of said lots cease to be used and operated as a hotel, its respective exemption from the terms of this Section shall immediately terminate without further notice. Amendment to Declarations of Covenants, Easements, and Restrictions – Page 2 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective April/(2008. 2008. OWNERS: KEN SCHILLEI , successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS By: Title: PENN ENTERPRISES, INC., a Texas corporation By: Lucinda McKinney, President BENNI-5461, L.P., a Texas limited partnership By: Hammond, Inc., a Texas corporation, its General Partner By: Amer J. Hammond, President Amendment to Declarations of Covenants, Easements, and Restrictions - Page 3 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective A l 35— , 2008. OWNERS: KEN SCHILLER, successor in interest to K 86 N Management, Ltd., a Texas limited partnership, formerly known as K 85 N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS By: 44•-- H ' k Title: P i P.-+. ,. e....4.0—T PENN ENTERPRISES, INC., a Texas corporation By: &-,-ii.. 11 t -A" Lucinda McKinney, Presiden BENNI-5461, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner BY: Amer J. Hammoud, President Amendment to Declarations of Covenants. Easements, and Restrictions - Page 3 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective April , 2008. OWNERS: KEN SCHILLER, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS By: Title: PENN ENTERPRISES, INC., a Texas corporation By: Lucinda McKinney, President BENNI-5461, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its Gen: Part -r By: /M mi : f J . ammoud, President 01014/14 Amendment to Declarations of Covenants, Easements, and Restrictions - Page 3 LONE ROCK, LTD., a Texas limited partnership By: Wilrock, Inc., a Texas corporation, its General Partner By: Glenn G. Higdon, President W2007 EQUITY INNS REALTY, L.P., a Delaware limited partnership By: W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, its General Partner By: Brahm S. Cramer, Manager ENCINO PLAZA PROPERTY OWNERS ASSOCIATION, INC., a T-:. nonprofit corporation Bv: J. Hammoud, Pre ident SAR W STERN CENTER PLAZ • , L.P., a Texa limited partnership By: Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, its General Partner By: Steven A. Keys, Manager Amendment to Declarations of Covenants, Easements, and Restrictions - Page 4 LONE ROCK, LTD., a Texas limited partnership By: Wilrock, Inc., a Texas corporation, its General Partner By: Glenn G. Higdon, President W2007 EQUITY INNS REALTY, L.P., a Delaware limited partnership By: W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, its General Partner Brahm S. Cramer, Manager ENCINO PLAZA PROPERTY OWNERS ASSOCIATION, INC., a Texas nonprofit corporation By: Amer J. Hammoud, President SAR WESTERN CENTER PLAZA, L.P., a Texas limited partnership 13y: Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, its General Partner By:161-, \ Steven A. Keys, Manager Amendment to Declarations of Covenants, Easements, and Restrictions - Page 4 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: m Imo/ arnmou. , 'resident 2800 IH35 Inve ment, L.L.C., a Texas limited iability company By: Fatemeh Gharbi, Manager HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: L y Pe_a5t`p Gt3 -r HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 ............. I DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: Fatemeh Gharbi, Manager VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants. Easements, and Restrictions - Page 5 DEN -6768, L.P., a Texas Limited partnership By: Hammond, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: Fatemeh Gharbi, Manager HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this 1 day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. >)-14 ye t cvo� Not blit, State of Texas Not blic, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by the of the City of Round Rock, Texas. [Seal] Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this /5" day of , 2008 by Lucinda McKinney, acting in her capacity as President of Penn Enterprises, Inc., a Texas corporation. [Seal Notary Public, State of Te Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of BENNI-5461, L.P., a Texas limited partnership. Notary Public, State of Texas [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Glenn G. Higdon, President of Wilrock, Inc., a Texas corporation, acting in its capacity as General Partner of Lone Rock, Ltd., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 6 [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by , the of the City of Round Rock, Texas. [Seal] Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Lucinda McKinney, acting in her capacity as President of Penn Enterprises, Inc., a Texas corporation. '4.84,0 DONNA ANN THOMAS MY COMMISSION EXPIRES June 28, 2011 Notary Public, State of Texas Acknowledgment This Amendment to DeclAcktions of Covenants, Conditions and Restrictions was acknowledged before me this % day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of BENNI-5461, L.P., a Texas limited partnership. te, I ktfi,h2, j1/0/2WV Notary Public, State of Texas [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Glenn G. Higdon, President of Wilrock, Inc., a Texas corporation, acting in its capacity as General Partner of Lone Rock, Ltd., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 6 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Brahm S. Cramer, Manager of W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, acting in its capacity as General Partner of W2007 Equity Inns Realty, L.P., a Delaware limited partnership. Notary Public, State of Acknowledgment This Amendment to Decr tions of Covenants, Conditions and Restrictions was acknowledged before me this �� day of April, 2008 by Amer J. Hammoud, acting in his capacity as President of Encino Plaza Property Owners Association, Inc., a Texas nonprofit corporation. DONNA ANNTHOMAS MY COMMISSION EXPIRES Jliee 28, 2011 aka_ OJW/)t2 V Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Steven A. Keys, Manager of Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, acting in its capacity as General Partner of SAR Western Center Plaza, L.P., a Texas limited partnership. Notary Public, State of Texas [Seal] Acknowledgment This Amendment to Dec arptions of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of DEN -6768, L.P., a Texas limited partnership. r1 JoJuu2 0Alt ,DA,cno V Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 7 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Brahm S. Cramer, Manager of W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, acting in its capacity as General Partner of W2007 Equity Inns Realty, L.P., a Delaware limited partnership. Notary Public, State of Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, acting in his capacity as President of Encino Plaza Property Owners Association, Inc., a Texas nonprofit corporation. Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Cgve�nants, Conditions and Restrictions was acknowledged before me this /, day of A' i , 2008 by Steven A. Keys, Manager of Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, acting in its capacity as General Partner of SAR Western Center Plaza, L.P., a Texas limited partnership. on.,ex•r. n?Ak�Y N( ary Public, State of exas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of DEN -6768, L.P., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 7 Acknowledgment 4i1R,414 . This Amendment to Declarations of Covenants, Conditions and Restric acknowledged before me Mp. 12_ day of April, 2008 by F bi ra her capacity as of 2800 IH35 Investment, L.L.C., a Texas limited company. JERMAINE ALLEN BELL //. 6i//94ePi s was 'ding in liability NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP 01/25/2011 rte%_ Notary Pub '.�.�te of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Hamid R. Zarafshani. Notary Public, State of Texas Acknowledpm ent This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Vickie L. Clark. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 8 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Fatemeh Gharbi, acting in her capacity as Manager of 2800 IH35 Investment, L.L.C., a Texas limited liability company. Notary Public, State of Texas Acknowledgment This Amendment to Declaraions of Covenants, Conditions and Restrictions was acknowledged before me this 10 day of �1 j , 2008 by Hamid R. Zarafshani. 9 D. N. C NWALLA Notary Putic STATE OF TEXAS My Comm. W. July 12.2011 Notary Public, State of Texas Acknowledgment This Amendment to Dec1ans of Covenants, Conditions and Restrictions was acknowledged before me this 1f) day of A+ 2008 by Vickie L. Clark. g + D. N. CHINWAIJA �F+ Notary STATE OF TEXAS My Comm. Exp. July 12, 2011 IN) (.0_ itf Not Public, State o#' Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 8 Exhibit "A" Legal Description FIELD NOTE DESCRIPTION OF 25.39D ACRES FIELD NOTE DESCRIPTION FOR 25390—ACRE TRACT (1,105,985 SO. FT,). 0117 OF 7HE DAVID CURRY SURVEY, ABSTRACT N0. 130 SITUATED IN THE CITY OF ROUND ROCK. %lUJAMStkt COUNTY , TEXAS, SAID 25.390— ACRE TRACT BEING A PORTION OUT OF THAT CERTAIN 311.76—ACRE TRACT (SECOND TRACT) AS DESCRIBED IN A DEED CONVEYED TO EDGAR E. HOPPE N VOLUME 429. PAGE 465 OF THE WWAMSON COUNTY DEED RECORDS (W, C. D. R.) , WWAM5ON COUNTY. TEXAS. SAID 25.390 ACRE TRACT (1,105,985 SO, FT,) , BEtNG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEFOUND IN THE NORTH RIGHT—OF—WAY ( AT R,O W.)A, LINE" OF IRONROD TO MARKET ROAD Q. 3406 (FM 3406(120' R.O.W,) AND WITH THE EAST R.o.W, LINE OF CHtSNOLM TRAIL , AKA COUNTY ROAD 170, (R.O.w, VARIES ). SAID POINT BEING THE POINT OF SECINIoNG AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT THENCE N 01°20' 25' c , A DISTANCE 1,432.49 FEET ALONG THE EAST 11,0.W. OF SAID CHISHOLM TRAIL AND THE WEST UNE OF SAID SECOND TRACT 70 A 1/2" IRON ROD SET FOR AN ANGLE POINT, THENCE N Dr vs, • DISTANCE OF 462.53 FEET CONTINUING ALONG 04°27THE AFOREMENTIONED CHISHOLM TRAIL AND SAID SECOND TRACT 70 A 1/2' IRON ROD FOUND, SAID POINT BEING THE SOUTHEAST CORNER OF THAT CERTAIN 10.00 ACRE TRACT AND BEING 111E REMAINING PART OF ORIGINAL SECOND TRACT , CONVEYED TO CARLIN UNITED HOLDING, A TEXAS PARTNERSHIP . iN A WARRANT DEED YA111 VENDOR UEN IN VOLUME 2399 , PACE 521 OF THE 1MMWAMS0N COUNTY DEED RECORDS, Va1LUAuSPN COUNTY , TEXAS , AND Banc THE NORTHWEST CORNER OF THE HEREIN DESCRI8ED TRACT. THENCE S AN 1/2' IRON ROD FOUND TIEING THE PSO11THYi£ST CORNER OFASSINO At 27.30 ETTHE AFOREI,ENT1oNE0 10.00 ACRE TRACT . PASSING AT 513,30 PEET A 1/2' IRON ROD FOUND, SAME BEING THE SOUTHEAST CORNER OF SAID 10,00 ACRE TRACT AND CONTINUING FOR A TOTAL DISTANCE OF 614.45 FEET TO A 1/2" IRON ROD SET IN THE %EST UNE OF THE SOUTHBOUND FRONTAGE ROAD OF U.S. INTERSTATE HIGHWAY NO. 35 (R,0,W. VARIES) , AND DEIH0 THE NORTHEAST CORNER 'OF THE HEREIN DESCR18ED TRACT Amendment to Declarations of Covenants, Easements, and Restrictions - Page 9 THENCE ALONG E ~AS TEGS0UTHBOUND FRONTAGE r WEST DU.S.NTERAHIGHWAY NO_ 35 AND THE EAST LINE OF SAID, 5ECON0. TRACT. THE FOLLOMMNG FOUR (4) COURSES AND DtSTANCES - 1) S Q0010' CO" E A DISTANCE OF 943.38 FEET TO A 3/5" IRON R00 FOUND IN CONCRETE AND STAMPED "OF TRANSPORTATION) TDOt" (R 0.1YAMONUf ENT)SNENT OR AN ANGLE POINT 2) S 070 11' 31" W , A DISTANCE OF 353.03 FEET TO AN 1/2' IRON ROD FOUND FOR AN ANGLE POINT. 3) S 270 I,' 15" w , A OtSTANCE OF 337.59 FEET 70 A 3/5' IRON ROO IN CONCRETE AND STAUPED 'mor FOR AN ANGLE PONT. 4) 5 040 44' 09' W , A DISTANCE OF 101.09 FEET TO A CAPPED 1/2' IRON ROD FOUND UARXED 111114 A BAKER-AICKLEN STAUP AND BEING THE NORTHEAST CORNER OF A 0.9183 -ACRE (40,000 50 . FT.) TRACT OF LAND ALSO BEING A PART OF 'THE ORIGINAL 38.78 - ACRE SECOND TRACT BELONGING 10 EDGAR E. HOPPE AND DESCRII}ED IN A DEED RESTRICTION TO THE CITY OF ROUND ROCK . 1WWAMSON COUNTY , TEXAS. 1N VOLUME 1535 . PAGE 509. OF THE WILLIAMSON COUNTY DEED RECORDS AND J3EING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE N 8tl°36' 58" W . A DISTANCE OF 2D5.07 FEET DEPARTING SAID SOUTHBOUND FRONTAGE ROAD OF U.S. INTERSTATE HIGHWAY NO. 35 AND ALONG THE NORTH LINE OF SAID 0.9183 ACRE TRACT AND TQ A 1/2" CAPPED IRON Rob FOUND STAMPED BAKER-AICKLEN AND MARKENO THE NORTHWEST CORNIO{ OF SAID 0.9183 ACRE TRACT FOR AN EU_ CORNER OF I" THE HEREIN DESCRIBED TRACT THENCE S 01019' 00" W , A DISTANCE OF 196.16 FEET ALONG THE wZST LINE OF SAID 0.91163 ACRE TRACT TO 1/2" CAPPED IRON ROD FOUND STAMPED BAKER-AICKLEN , SAID POINT BEING THE MOST SOUTHERLY UNE OF SAID SECOND TRACT- AND MARKING THE SOUTHWEST, CORNER OF SAID 0.9183 ACRE TRACT AND BEING A POINT ALONG A CURVE TO THE RIGHT IN THE NORTH LINE OF SAID TM 3406 FOR AN ELL CORNER of THE HERRN DESCRIBED TRACT. THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT IN THE NORTH R.O.W. UNE OF SAID F. M, 3406 AND HAYING A RADIUS OF 1.333.24 FEET . A CENTRAL ANGLE OF 11 38' 11' , AN ARC LENGTH OF 207.77, ANO A (MORD WHICH BEARS • N 860 49' 02" FEET TO THE POINT DF BEGINNING AND CONTAINING 25,390 ACRES (1,105.988 SO. FT.) OF LAND MORE OR LESS. Amendment to Declarations of Covenants, Easements, and Restrictions - Page 10 DATE: August 6, 2008 SUBJECT: City Council Meeting — August 14, 2008 ITEM: 8B2. Consider a resolution authorizing the Mayor to execute the Third Amendment to the Declaration of Covenants, Conditions, and Restrictions for the Encino Plaza subdivision. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Clyde von Rosenberg, Senior Planner Justification: The City established a public improvement district for the Encino Plaza subdivision on December 10, 1996. The Declaration of Codes, Conditions and Restrictions have previously been amended to allow two lots containing hotels to be exempt from the restriction against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks or heavy equipment by hotel guests. The amended declaration would allow the exemption to apply to a third lot for an additional hotel. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Any amendment to the Declaration of Codes, Conditions and Restrictions requires the approval of the City of Round Rock. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AMENDMENT TO DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS This Amendment to Declaration of Coven t onditions, and Restrictions (this "Amendment") is made and entered into as of p� J 2008, by and between Ken Schiller, successor in interest to K 8v N Management, Ltd., a Texas limited partnership, formerly known as K 8v N Management, Inc., a Texas corporation; the City of Round Rock, Texas; BENNI-5461, L.P., a Texas limited partnership; Lone Rock, Ltd., a Texas limited partnership; Encino Plaza Property Owner's Association, Inc., a Texas nonprofit corporation; SAR Western Center Plaza, LP, a Texas limited partnership; DEN -6768, L.P., a Texas limited partnership; 2800 IH35 Investment, L.L.C., a Texas limited liability company; and Hamid R. Zarafshani (each an "Owner" and, collectively, the "Owners") and the City of Round Rock, Texas (the "City"). Recitals WHEREAS, each Owner is a current record owner of the fee simple title to a portion of the real property (the "Property") described on Exhibit "A" attached hereto and incorporated herein by reference, and the Owners collectively constitute more than seventy-five percent (75%) of all of the current record owners of the fee simple title to the individual tracts, lots, or portions thereof comprising the Property; WHEREAS, on or about February 20, 1996, the Owners' predecessor in interest entered into the Declaration of Covenants, Conditions, and Restrictions (the "Original Declaration") recorded as Document No. 9609716 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain easements, restrictions, covenants, and conditions; WHEREAS, on or about September 25, 1997, Owners or Owners' predecessors in interest and the City entered into the Amended Declaration of Covenants, Conditions, and Restrictions (the "First Amended Declaration") recorded as Document No. 9746495 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain amended easements, restrictions, covenants, and conditions; and WHEREAS, on or about January 14, 1999, Owners or Owners' predecessors in interest and the City entered into the Second Amended Declaration of Covenants, Conditions and Restrictions (the "Second Amended Declaration") recorded as Document No. 9914143 in the Official Public Records of Williamson County, Texas, whereby the Property would thereafter be held, sold, and conveyed subject to certain further amended easements, restrictions, covenants, and conditions (the Original Declaration, the First Amended Declaration, and the Second Amended Declaration are collectively referred to herein as the "Declarations"). NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owners and the City hereby agree to the following terms and conditions: o0 -Dg- r4- g/32 Amendment to Declarations of Covenants, Easements, and Restrictions - Page 1 Amendment to Declarations Section 2.02 of the Declarations is hereby deleted in its entirety and replaced with the following: 2.02 Prohibited Uses. The Property shall not be used for any of the following uses: (a) a truck -stop operation, truck maintenance and/or repair facility, and truck or automobile body repair or painting facility; (b) overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment; (c) parking of any vehicles for extended periods of time on unpaved surfaces; (d) a sexually oriented business as defined in the Code of Ordinances, City of Round Rock, as amended; (e) a salvage yard; and (1) mini warehouses. The restrictions against overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment contained in Section 2.02(b) above shall not apply to parking within the boundaries of each of the following lots as long as said lot is owned and operated as a hotel: Lot Two -A (2-A), Block "B" of the Replat of Lots 1, 2, and 3—Block "B" ENCINO PLAZA, a subdivision in Williamson County, Texas, according to the map or plat or record in Cabinet 0, Slides 336-337, Plat Records of Williamson County, Texas. Lot Three -A -Three (3-A3), Block "B" of the Replat of Lot 3-A, Block "B" ENCINO PLAZA, a subdivision situated in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet Q, Slide 184, Plat Records of Williamson County, Texas. Lot 3-B, Block "B", PLAT AMENDMENT OF LOTS 3 -Al and 3-A2 BLOCK B, ENCINO PLAZA, a subdivision in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet T, Slide 272 of the Plat Records of Williamson County, Texas. The exemption as to overnight parking of campers, motor homes, mobile homes, boats, trailers, commercial trucks, or heavy equipment on each of the above- described lots is only applicable to those vehicles which belong to guests of the hotels to be located on the lots. Should any of said lots cease to be used and operated as a hotel, its respective exemption from the terms of this Section shall immediately terminate without further notice. Amendment to Declarations of Covenants, Easements, and Restrictions - Page 2 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective April/{ -1 , 2008. OWNERS: /49 KB SCHILLE' successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS 1�' V By: )414 Title: PENN ENTERPRISES, INC., a Texas corporation By: Lucinda McKinney, President BENNI-5461, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President Amendment to Declarations of Covenants, Easements, and Restrictions - Page 3 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective 2008. OWNERS: KEN SCHILLER, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS By: Title: f.,.A44-1.L,,.9' 1 PENN ENTERPRISES, INC., a Texas corporation By: Lucinda McKinney, Presiders BENNI-5461, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President Amendment to Declarations of Covenants, Easements, and Restrictions - Page 3 All terms used in this Amendment shall have the meanings given herein or in the Declarations. Except as expressly modified or amended by this Amendment, the Declarations shall remain in full force and effect. Dated to be effective April , 2008. OWNERS: KEN SCHILLER, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation CITY OF ROUND ROCK, TEXAS By: Title: PENN ENTERPRISES, INC., a Texas corporation By: Lucinda McKinney, President BENNI-5461, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its Gen j. Part -r By: ammoud, President Amendment to Declarations of Covenants, Easements, and Restrictions - Page 3 LONE ROCK, LTD., a Texas limited partnership By: Wilrock, Inc., a Texas corporation, its General Partner By: Glenn G. Higdon, President W2007 EQUITY INNS REALTY, L.P., a Delaware limited partnership By: W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, its General Partner By: Brahm S. Cramer, Manager ENCINO PLAZA PROPERTY OWNERS ASSOCIATION, INC., a T — nonprofit corporation J. Hammoud, Pre . ident SAR W STERN CENTER PLAZ £ , L.P., a Texa limited partnership By: Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, its General Partner By: Steven A. Keys, Manager Amendment to Declarations of Covenants, Easements, and Restrictions - Page 4 LONE ROCK, LTD., a Texas limited partnership By: Wilrock, Inc., a Texas corporation, its General Partner By: Glenn G. Higdon, President W2007 EQUITY INNS REALTY, L.P., a Delaware limited partnership By: W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, its General Partner By: Brahm S. Cramer, Manager ENCINO PLAZA PROPERTY OWNERS ASSOCIATION, INC., a Texas nonprofit corporation By: Amer J. Hammoud, President SAR WESTERN CENTER PLAZA, L.P., a Texas limited partnership By: Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, its General Partner By: ..1-, Steven A. Keys, Manager Amendment to Declarations of Covenants, Easements, and Restrictions - Page 4 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: Fatemeh Gharbi, Manager HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this (5' day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. woo Not blic, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner Bv: ammou., •resident 2800 IH35 Inve ment, L.L.C., a Texas limited lability company By: Fatemeh Gharbi, Manager HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K 86 N Management, Ltd., a Texas limited partnership, formerly known as K 86 N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: %�// 44Ak/1-c4) 4. 6it4e+3� P ��Sc IA Ca HAMID R. ZARAFSHANI VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 DEN -6768, L.P., a Texas limited partnership By: Hammoud, Inc., a Texas corporation, its General Partner By: Amer J. Hammoud, President 2800 IH35 Investment, L.L.C., a Texas limited liability company By: Fatemeh Gharbi, Manager AMID R. ZARAF HAN VICKIE L. CLARK CITY: CITY OF ROUND ROCK, TEXAS By: Its: Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Ken Schiller, successor in interest to K & N Management, Ltd., a Texas limited partnership, formerly known as K & N Management, Inc., a Texas corporation. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 5 [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by the of the City of Round Rock, Texas. [Seal] Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this /5- day of , 2008 by Lucinda McKinney, acting in her capacity as President of Penn Enterprises, Inc., a Texas corporation. [Seal Notary Public, State of Tex Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of BENNI-5461, L.P., a Texas limited partnership. Notary Public, State of Texas [Seal] Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Glenn G. Higdon, President of Wilrock, Inc., a Texas corporation, acting in its capacity as General Partner of Lone Rock, Ltd., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 6 [Seal] Acknowledgment This Amendment to Declarations of Covenants, Condition and Restrictions was acknowledged before me this gel' day of I* 2008 by /la M '�v✓ , the of the City of Round Rock, Texas. 1 1 [Se' ] SARA L WHITE MY COMMISSION EXPIRES July 11, 2012 Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Lucinda McKinney, acting in her capacity as President of Penn Enterprises, Inc., a Texas corporation. [Se DONNA ANN 7HOMAAS MY COMMISSION EXPIRES ' June 28, 2011 Notary Public, State of Texas Acknowledgment This Amendment to Dec1r tions of Covenants, Conditions and Restrictions was acknowledged before me this / S` day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of BENNI-5461, L.P., a Texas limited partnership. [Seal] Okla Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Glenn G. Higdon, President of Wilrock, Inc., a Texas corporation, acting in its capacity as General Partner of Lone Rock, Ltd., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 6 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Brahm S. Cramer, Manager of W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, acting in its capacity as General Partner of W2007 Equity Inns Realty, L.P., a Delaware limited partnership. Notary Public, State of Acknowledgment This Amendment to Dec r tions of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, acting in his capacity as President of Encino Plaza Property Owners Association, Inc., a Texas nonprofit corporation. y b 'ri DONNA ANN THOMAS *_`i MY COMMISSION EXPIRES 'W" June 28, 2011 "IU L1 Y Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Steven A. Keys, Manager of Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, acting in its capacity as General Partner of SAR Western Center Plaza, L.P., a Texas limited partnership. Notary Public, State of Texas [Seal] Acknowledgment This Amendment to Dec ar tions of Covenants, Conditions and Restrictions was acknowledged before me this 1 day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of DEN -6768, L.P., a Texas limited partnership.,, ,,C/L/ L Notary Public, State of Texas 60nOi Amendment to Declarations of Covenants, Easements, and Restrictions - Page 7 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Brahm S. Cramer, Manager of W2007 Equity Inns Realty Gen -Par, LLC, a Delaware limited liability company, acting in its capacity as General Partner of W2007 Equity Inns Realty, L.P., a Delaware limited partnership. Notary Public, State of Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, acting in his capacity as President of Encino Plaza Property Owners Association, Inc., a Texas nonprofit corporation. Notary Public, State of Texas Acknowledgment This Amendment to Declarations of C vgnants, Conditions and Restrictions was acknowledged before me this //r day of pri , 2008 by Steven A. Keys, Manager of Keywinn Rexroat Development Western Center, LLC, a Texas limited liability company, acting in its capacity as General Partner of SAR Western Center Plaza, L.P., a Texas limited partnership. Ty Pudic, State of exas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Amer J. Hammoud, President of Hammoud, Inc., a Texas corporation, acting in its capacity as General Partner of DEN -6768, L.P., a Texas limited partnership. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 7 Acknowledgment 4W14444, m. /i. G/1,9,e41' This Amendment to Declarations of Covenants, Conditions and Restric�s was acknowledged before me op as day of April, 2008 by F bi,ciing in her capacity as Manager' of 2800 IH35 Investment, L.L.C., a Texas limited liability company. ' JERMAINE ALLEN BELL NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 01/25/2011 Acknowledgment Notary ate of Texas This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Hamid R. Zarafshani. Notary Public, State of Texas Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Vickie L. Clark. Notary Public, State of Texas Amendment to Declarations of Covenants, Easements, and Restrictions - Page 8 Acknowledgment This Amendment to Declarations of Covenants, Conditions and Restrictions was acknowledged before me this day of April, 2008 by Fatemeh Gharbi, acting in her capacity as Manager of 2800 IH35 Investment, L.L.C., a Texas limited liability company. Notary Public, State of Texas Acknowledgment This Amendment to Declar ions of Covenants, Conditions and Restrictions was acknowledged before me this 10 day of April,2OO8 by Hamid R. Zarafshani. Nota Public, State of Texas Acknowledgment This Amendment to Declarat. ns of Covenants, Conditions and Restrictions was acknowledged before me this 10 day of Ap 2008 by Vickie L. Clark. v q� D. N. CHIN1NALlA 1)c,c /. �— V REX J STATE TEXASNotaNotary Public, State of Texas OF A.S. Comm. Epp. JWy 12, 2011 Amendment to Declarations of Covenants, Easements, and Restrictions - Page 8 Exhibit "A" Legal Description FIELD NOTE DESCRIPTION OF 2.390 ACRES FIELn NOTE DESCRrPTION FOR 25.390 -ACRE TRACT (1,105,965 SO. FT.), OUT OF THE DAVI0 CURRY SURVEY, ABSTRACT NO, 130 SITUATED IN THE dry OF ROUND ROCK, 1MWAMSCN COUNTY , TEXAS, SAID 25.390 - ACRE TRACT BEING A PORTION OUT OF THAT CERTAIN 3B.75 -ACRE TRACT (SECOND TRACT) AS DESCRIBED IN A DEED CONVEYED TO EDGAR E. HOPPE IN VOLUME 429. PAGE 455 OF THE WLUAMSON COUNTY DEED RECORDS (w. C. D. R.) . MIWAMSON COUNTY. TEXAS. SAID 25.390 ACRE TRACT (1,105.955 5O. F'1'.) , BEING WORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A5 FOLL0ws; BECUNNG AT A 12THE NORTH RIGHT LI OF --WAY 01,0.W.) , NE • OF NFAARRM D TO NMAIRKET N ROAD NO. 3406 (FM 34065 (120' R.O.W.) AND WITH THE EAST R.D.W. UNE OF cHI Houi TRAIL , AKA COUNTY ROAD 170, ( R.O.W. vAR1E5 ) . , SAID POINT BONG THE POINT OF BECINNINC ANO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE N Ot320' 26' E , A DISTANOE 1,43249 FEET ALONG THE EAST R.O.W. OF SAID CHISHOLM TRAIL AND THE WEST UNE OF SAID SECOND TRACT TO A T/2" IRoN ROD SET FOR AN ANGLE POINT, THEN E N °27 orvf„A DiSTANcE or 462.63 FEET CONTINUING ALONG 4THE AFORDmENT1ONED CHISHOU4 TRAIL AND SAID SECOND TRACT TO A 1/2' IRON ROD FOUND. SAID POINT BEING THE SOUTHEAST CORNER OF THAT CERTAIN 10.00 ACRE TRACT AND BEINC NE REMAINING PART OF 1HE ORIGINAL SECOND TRACT , CONVEYED TO CARLIN UNITED HOLDING, A TEXAS PARTNERSHIP , IN A WARRANT DEED WITH VENDOR UEN IN VOLULIE 2399 , PAGE 521 OF THE WILLIAMSON COUNTY DEED RECORDS, 1MLUAIJSON COUNTY , TEXA5 AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE S 87051' 41' E . PASSING AT 27.30 FEET AN 1/2' IRON ROD FOUND BEING THE SOUTHWEST CORNER OF THE AFOREMENTIONED 10.00 ACRE TRACT , PASSING AT 613.30 FEET A 1/7' IRON ROD FOUND, SAME BEING THE SOUTHEAST CORNER OF SAID 10.00 ACRE TRACT AND CONTINUING FOR A TOTAL OISTANCE OF 814.45 FEET TO A 1/2" IRON ROO SET IN THE VEST LINE OF THE SOU1HBOJND FRONTAGE ROAD OF U.S, INTERSTATE HIGHWAY No. 35 (R.O.W. VARIES) . AND BEING THE NORTHEAST CORNER .OF THE HEREIN DESCRIBED TRACT I Amendment to Declarations of Covenants, Easements, and Restrictions - Page 9 THENCE ALONG WEST SOUTHBOUND FRONTAGES OF SAID U .S. RIGHT-OF-WAY TERS ATE HIGHWAY N0 .35 AND 111E EAST LINE OF SAID. SECOND . TRACT. THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) S 00°10' E , A A 3/8' IRON RO0 STAMPED 'TDor TRANSPORTATION) , ANGLE POINT. 2) S 07°11' 31' W, 70 AN - 1/2' IRON POINT. DISTANCE OF 943.38 FEET TO FOUND IN CONCRETE AND (TEXAS DEPARTMENT OF (R.o.W. MONUMENT) FOR AN A DISTANCE OF 353.03 FEET ROD FOUND FOR AN ANGLE 3) S 27° II' 15 w , A DISTANCE DF 337.59 FEET TO A 3/8' IRON ROD IN CONCRETE AND STAMPED "TDOT' FOR AN ANGLE PONT. 4) 5 04° 44' O9' W , A DISTANCE OF 101.09 FEET TO A CAPPED 1/2" IRON ROD FOUND MARKED WITH A BAKER.-AICKLEN STAMP AND BEING THE NORTHEAST CORNER OF A 0.9183 -ACRE (40.000 50 . FT.) TRACT OF LAND ALSO MING A PART Or THE ORIGINAL .38.78 ACRE SECOND TRACT BELONGING TO EDGAR E. HOPPE AND DESCRIBED IN A DEED RESTRICTION TO THE CRY OF ROUND ROCK . WIWAMSON COUNTY , TEXAS. IN VOLUIJE 1535 , PAGE 509 . OF THE 1NWAMSON COUNTY DEED RECORDS AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE: N 88'36' 58' w . A DISTANCE OF 205.07 FEET DEPARTING SAID SOUTHBOUND FRONTAGE ROAD OF U.S. INTERSTATE HIGHWAY NO. 35 AND ALONG THE NORTH UNE OF SAID 0.9183 ACRE TRACT ANO TO A 1/2' CAPPED IRON ROD FOUND STAMPED BAKER-AICKLEN AND MARKING THE NORTHWEST CORNER OF SAID 0.9183 ACRE TRACT FOR AN ELL CORNER OF THE HEREIN DESCRIBED TRACT THENCE 5 Dr 1D' OO' W , A DISTANCE OF 198.16 FEET ALONG THE WEST LINE DF SAID D.9193 ACRE TRACT 70 1/2' CAPPED IRON ROD FOUND STAMPED BAKER -AICKLEN SAID POINT BEING THE MOST SOUTHERLY UNE OF SAID SECOND TRACT AND MARKING THE SOUTHWEST- CORNER OF SATO 0.9103 ACRE TRACT AND BETNC A POINT ALONG A CURVE TO THE RICHT IN THE NORTH UNE OF SAID A. 3406 FOR AN ELL CORNER OF THE HEREIN DESCRIBED TRACT. 'MENCE CONTINUING ALONG SAID CURVE TO THE RIDHT IN 7HE NORTH R.O.W. UNE OF SATO F M. 3406 AND HAVING A RADIUS OF 1.333.24 FEET . A CENTRAL ANGLE OF 11 38' 11' , AN ARC LENGTH OF 207.77, AND A CHORD WHICH BEARS • N 86° 49' 02' FEET 70 THE POINT OF BEGINNING AND CONTAININC 25.390 ACRES (1,105.968 SQ. FT,) OF LAND MORE OR LESS. Amendment to Declarations of Covenants, Easements, and Restrictions - Page 10