R-97-09-25-13B - 9/25/1997ATTEST:
WHEREAS, the Owners of certain real property known as Encino
Plaza, a subdivision in Williamson County, Texas 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, mobile homes,
boats, trailers, commercial trucks and heavy equipment for Lot Two -
A (2 -A), Block "B" of Encino Plaza, and
WHEREAS, the City Council 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 against overnight
parking of campers, motor homes, mobile homes, boats, trailers,
commercial trucks and heavy equipment for Lot Two -A (2 -A), Block
"B" of Encino Plaza, a copy of said Amended Declaration being
attached hereto as an exhibit.
RESOLVED this day of 25th day o£j1eptember, 1997.
E LAND, City Secretary
R:\ WPDOCS \RESOLOTI \RSTO9I58.WPD /scg
RESOLUTION NO. R- 97- 09- 25 -13B
CHARLES C PER, Mayor
City of Round Rock, Texas
97- b9- as -43
G.1SCENICIMARLIN\DOCSICOVENANT DEC
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
DOC# 9746495
SePre t4Sa
This Amended Declaration of Covenants, Conditions, and Restrictions is made on August
r AS 1997, at Round Rock, Texas, by Hoppe Properties, Ltd., a Texas Limited Partnership
( "Declarant "), and approved by Oak Tree Development Corporation, a Texas corporation; HKS
Ventures, L.L.C., a Texas limited liability company; Hammoud, Inc., a Texas corporation; Lone
Rock, Ltd., a Texas limited partnership; and Declarant ("Owners "), as well as the City of Round
Rock, Texas.
Recitals
I. Owners are the owners of all that certain real property ( "the Property ") located in
Williamson County, Texas, more fully described by metes and bounds in Exhibit "A" attached hereto
and incorporated herein by reference. The property is currently more fully described as Encino Plaza,
a subdivision in Williamson County, Texas according to the map or plat of record in Cabinet N, Slide
272, Plat Records of Williamson County, Texas.
2. The Declarant has devised a general plan for the entire Property as a whole, with
specific provisions for particular parts and parcels of the Property. This general plan provides a
common scheme of development designed to protect and safeguard the Property over a long period.
3. This general plan will benefit the Property in general, the parcels and lots that
constitute the Property, the Declarant, and each successive owner of an interest in the Property.
4. This general plan will also benefit adjoining properties and the City of Round Rock,
Texas ( "City ") and is necessary in order for the City to consider rezoning the Property to C -1
(General Commercial).
5. Therefore, in accordance with both the doctrines of restrictive covenant and implied
equitable servitude, the Declarant desires to restrict the Property according to these covenants,
conditions, and restrictions in furtherance of this general development plan, a desire in which the
Owners and the City join at this time.
NOW, THEREFORE, it is declared that all of the Property shall be held, sold, and conveyed
subject to the following easements, restrictions, covenants, and conditions.
ARTICLE ONE
Definitions
1.01 City. "City" means the City of Round Rock, Texas.
1.02 Developer. "Developer" means Declarant and its successors and assigns.
1.03 Lot. "Lot" means any lots or plots of land out of the Property.
AMENDED DECLARATION OF COV FNANTS,
CONDITIONS AND RESTRICTIONS
OFFICIAL RECORDS
WIUJAMSON COUNTY, TEXAS
PAGE
O \SCENIC\MARLIN\DOCSCOVENANT.DEC
1.04 Owner. "Owner" means the record owner of the fee simple title to any Lot or
portion of a Lot in the Property. "Owner" includes contract sellers but excludes persons having only
a security interest.
2.01 Commercial Use Only. Except as otherwise provided hereinafter, all Lots shall be
used only for purposes allowed by §11.311 District C -1 (General Commercial), Code of Ordinances,
City of Round Rock, as amended.
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)
ARTICLE TWO
Use Restrictions
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
(0
mini warehouses.
The restrictions against overnight parking of campers, motor homes, mobile homes, boats,
trailers, commercial trucks, or heavy equipment, contained in §2.02(b) above shall not apply to the
following lot 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.
The exemption of said lot as to overnight parking of campers, motor homes, mobile homes, boats,
trailers, commercial trucks, or heavy equipment is only applicable to those vehicles which belong to
quests of the hotel to be located on the lot. Should said lot cease to be used and operated as a hotel,
its exemption from the terms of this section shall immediately terminate without further notice.
2.03 Temporary Structures Prohibited. No structure of a temporary character, trailer,
mobile home, tent, shack, or other outbuilding shall be used on the Property, other than for a
temporary construction office.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PACE 2
G\ SCENICMA1U.fl DOCS \COVENANT DEC
2.04 Dumping Trash Prohibited. The Property shall not be used or maintained as a
dumping ground for rubbish or trash. All equipment for the storage and disposal of such materials
shall be kept in a clean and sanitary condition. All garbage and trash must be disposed of or removed
before spoilage or emitting an order or unsightly condition.
ARTICLE THREE
General Provisions
3.01 Enforcement. The Developer, the City, or any Owner shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this
Declaration. Failure to enforce any covenant or restriction shall not be deemed a waiver of the right
of enforcement either with respect to the violation in question or any other violation. All waivers
must be in writing and signed by the party to be bound.
3.02 Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provision, and all other provisions shall remain in full
force and effect.
3.03 Covenants Running With the Land. These easements, restrictions, covenants, and
conditions are for the purpose of protecting the value and desirability of the Property. Consequently,
they shall run with the real property and shall be binding on all parties having any right, title, or
interest in the Property in whole or in part, and their heirs, successors, and assigns. These easements,
covenants, conditions, and restrictions shall be for the benefit of the Property, each Lot, and each Lot
Owner.
3.04 Duration and Amendment. The covenants, conditions, and restrictions of this
Declaration shall be effective for a term of 20 years from the date this Declaration is recorded, after
which period the covenants, conditions, and restrictions shall be automatically extended for successive
periods of 10 years subject to termination by an instrument signed by more than 50% of the Owners
and the City. The covenants, conditions, and restrictions of this Declaration may be amended by an
instrument signed by more than 75% of the Owners and the City. Neither any amendment nor any
termination shall be effective until recorded in the deed records of Williamson County, Texas, and
all requisite governmental approvals, if any, have been obtained.
3.05 Attorney's Fees. If any controversy, claim, or dispute arises relating to this
instrument, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees, and costs.
3.06 Liberal Interpretation. This Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan for the Property.
IN WITNESS WHEREOF, we have duly executed this Amended Declaration of Covenants,
Conditions and Restrictions on this the o?Jr day of cSEAretnee2. , 1997.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 3
G SCENICVNARLIN \DOCS\COVENANF.DEC
Declarant and Owner:
HOPPE PROPERTIES, LTD.
16917 South Ridge Lane
Austin, Texas 78734
ed
by:
Marianne Hoppe Wood, its G- -ral Partner
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Marianne Hoppe Wood, General
Partner, on behalf of Hoppe Properties, Ltd., a Texas limited partnership.
Signed on this th ?S day of 1997.
'"' CAROLYN P. BRANDT
Notary Public, State of Texas
MyCammr,donExpires
MAY 5, 2001
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS
ACKNOWLEDGMENT
Notary Public, State of Texas
Commission Expires:��
PAGE4
G.\SCENICIMARLINIDOCSICOVENANf DEC
Owners:
OAK TREE DEVELOPMENT CORPORATION
P.O. Box 2445
ound Rock, Texas 78680
by: t
D K. Shotfon, President
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by David K. Shelton, President of
OAK TREE DEVELOPMENT CORPORATION, a Texas corporation.
Signed on this the 25 day of 1997
SHARON L. LOPEZ
NOTARY PUBLIC
STATE OF TEXAS
ao „e Commission Expires 12.12.99
ACKNOWLEDGMENT
Notary Public, State of Texas
Commission Expires:
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 5
G ASCENICUARLIMDOCSICOVENANT.DEC
HKS VENTURES, L.L.C.
203 North Nixon Avenue
Nixon _ exas 78140
by:
Donald D. ' .ffman, Presi.e. t
STATE OF TEXAS
COUNTY OF WILLIAMSON
SHARON L LOPEZ
NOTARY PUBLIC
STATE OF TEXAS
Commission Expires 1242.99
AMENDED DECLARATION OF COVENANTS,
CONDmONS ANDRESTRICIIONS
ACKNOWLEDGMENT
of HKS VENTURES, L.L.C., a Texas limited liability company.
tR
Signed on this the 2 1 day of
, 1997.
On this date this instrument was acknowledged before me by Donald D. Hoffman, President
�esfLJ U4
Notary Public, State of Texas
Commission Expires:
PAGE 6
G VSCENICIMARLIN\DOCS\COVENANT .DEC
HAMMOUD, INC.
15418 Ecorio Drive
Austin, T: s 78728
b
STATE OF TEXAS
COUNTY OF WILLIAMSON
1 ./j!/i l
r ' resident V
SHARON L. LOPEZ
NOTARY PUBLIC
STATE OF TEXAS
Commission Expires 12.12.99
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Amer Hammoud, President of
HAMMOUD, INC., a Texas corporation.
Signed on this the a G day of , 1997.
Notary Public, State of Tex
Commission Expires:
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE
G \SCENICIMARLIN\DGCS \COVENANT DEC
LONE ROCK Ltd., a Texas Limited Partnership,
by its General partner
by:
WILROCK 1;
f /
Title:
STATE OF Kentucky
COUNTY OF Davie ss
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Glenn D. Higdon, President of
Wilrock, Inc., the sole General Partner of Lone Rock Ltd., a Texas limited partnership.
Signed on this the 22nd day of August , 1997.
1)
otary Public, State of Kentucky
Commission Expires: 6 -11 -98
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGES
G.\SCENICSMARLIN \DOCS\C O V ENANT DEC
by:
CITY OF ' OUND ROCK
Its:
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by ClifileL ev..para.
on behalf of the City of Ro ^ und Rock, Texas.
Signed on this the of - day of c EpTErn' k. , 1997.
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
THE STATE Oi ROXAS
COUNTY OF WILLIAMSON
This Is to certify that this document was FILED and
REC ORDED In the Official Public Records N
Dismson County, Texas on the data and lima
thmped thereon. /� �®
AMENDED DECIARATTON OF COVENANTS,
CONDmON5 AND RESTRICTIONS
ACKNOWLEDGMENT
COUNTY CLERK
ITILUAMSONCO =KM FEW
Notary Public, State of Texas
Commission Expires: 8-S- 01
Doc# 9746495
# Pages: 9
Date : 10 -06 -1997
Time : 04:09:55 P.M.
Filed & Recorded in
offWILLIAMSONrCounty, TX.
ELAINE BIZZELL
COUNTY . $ CLERK
PAGE 9
(- V ►t .,.._,
L-
as t E . , 4 1 1 ,A,v,, . _.
DATE: September 19,1997
SUBJECT: City Council Meeting, September 25,1997
Item: 13.B. Consider a resolution amending the Declaration of
Covenants, Conditions and Restrictions for Encino Plaza
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
The attached resolution authorizes changes to the deed restrictions for a portion
of Encino Plaza. Specifically, the restrictions against overnight parking of
campers, motor homes, mobile homes, boats, trailers, commercial trucks, or
heavy equipment shall not apply to Lot 2A, Blk B of the Replat of Encino Plaza as
long as it is owned and operated as a hotel.
Encino Plaza