R-99-01-14-14D1 - 1/14/1999RESOLUTION NO. R- 99- 01- 14 -14D1
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 Lots
Three -A2 (3 -A2) and Three -A3 (3 -A3), 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 Lots Three -A2 (3 -A2) and
Three -A3 (3 -A3), Block "B" of Encino Plaza, a copy of said Amended
Declaration being attached hereto as an exhibit.
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, and the Act.
K- \WPDOCS \RESOLUTI \R90114D1. WPO /cac
ATTEST:
RESOLVED this day of 14th day of J 1999.
ANNE LAND, City Secretary
2.
-I cam ....
CHARLES LP'P•E', Mayor
City of Round Rock, Texas
G:kSCENIC■MARRIOTISDOCSkcOVENAN,DEC
SECOND AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
This Amended Declaration of Covenants, Conditions, and Restrictions is made on
JA AluA2y 14 , 1999, 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; Rock Star, Ltd., a Texas Limited
Partnership; Captec Net Lease Realty, Inc., a Michigan Corporation, William L. Lashlee; and Kenneth
M. Gerrard ( "Owners"), as well as the City of Round Rock, Texas.
Recitals
1. 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.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 1
GeISCENIMMARRJOTr\DOCSICOVENANC .DEC
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.
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.
ARTICLE TWO
Use Restrictions
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) 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
(f) 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 lots as long as said lots are 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.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 2
O: ISCENIC\MARRIOT \DOCSICOVENPNr .DEC
The exemption of said lots 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 hotels to be located on the lots. Should either of said lots cease to be used and operated
as a hotel, its respective exemption from the terms ofthis 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.
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
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 3
o:\ scENICVMARRIoT 'Dccs\coVENANT.DEc
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, attomey'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 d executed this Amended Declaration of Covenants,
Conditions and Restrictions on this the I '"day of .JA A)uA4 y , 199.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 4
o :\SCENICIMARRIOTTIDOCSICOVENANT .DEC
Declarant:
HOPPE PROPERTIES, LTD.
16917 South Ridge Lane
Austin, Texas 78734
by:
Marianne Hoppe Wood, ' s;o - eral 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 the a day of lla l 1Pn , 1998.
t. GARM
Natefy Pubf"rc, Stale of Texas
NY Commission Expires
SEPT. ^,n, 2001
ACKNOWLEDGMENT
Notary ' ate of Texas
Commission Expires:_ - . 3D � 2-.00 1
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 5
OE\ScENIC5NA RIOrrDOCS \COVENAN[DEC
Owners:
OAK TREE DEVELOPMENT CORPORATION
104 Spyglass
St. Simons Island, Georgia 31522
by:
AMENDED DECLARATION OF COVENANTS,
CONDTITONS AND RESTRICTIONS
ACKNOWLEDGMENT
STATE OF !.:7z? )/
COUNTY OF Cy /l /OPJ
On this date this instrument was acknowledged before me by William B. Lashlee,
of OAK TREE DEVELOPMENT CORPORATION, a Texas corporation.
Signed on this the /Alay of I)eCemk , 1998.
/4
Notary "ublic, State of
Commission Expires: ! / vrr 2
PAGE 6
G:\ScRNIO MARRIOF1'DOCS \COVENANT.DEC
HKS VENTURES, L.L.C.
203 North Nixon Avenue
Nixo Texas 78140
by:
D
atd D
STATE OF TEXAS
len 101 !
offnan, re dent
COUNTY OF WILLIAMSON §
On this date this instrument was acknowledged before me by Donald D. Hoffman, President
of HKS VENTURES, L.L,C., a Texas limited liability company.
Signed on this the ' day of ,p c e v i b r , 1998.
ADRIANA BOATRIGHT
NI0 ,; P0 Stale. ri Tens
Exmresa124 /00
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ACKNOWLEDGMENT
Notary Public, State of Texas
Commission Expires: CO
PAGE 7
G SCENicFMARRIorrpocscovENANTDEC
HAMMOUD, INC.
15418 Ecorio Drive
Austin, Texas 787
by:
Amer Hamm. +d. esident
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Amer Hammoud, President of
HAMMOUD, INC., a Texas corporation.
rL
Signed on this the 7 day of
66 ZL sai!dx3 uoissiwwoo
S'601 dO 31V1S
Ofsfld 4EV1ON
Z3d01 NOHVHS
ACKNOWLEDGMENT
Notary Public State of Texas
Commission Expires: / - 9 �/
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE
a ■s GENIC \MARRIOTIIDOCS\COVENANT.LEC
LONE ROCK Ltd., a Texas Limited Partnership,
by its General partner
STATE OF
COUNTY OF
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/ yz day of acze: c) , 1998
Notary Public, State of/4
Commission Expires: D j03 /0D
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE
GASCENICIMARRIOTnDOCS1coVENAN..DEC
ROCK STAR, Ltd., a Texas Limited Partnership,
by its General Partner
ROCK LO WG, INC.
b /
Glenn Higdon, President t
STATE OF
COUNTY OF D/j 4M 0_44
ration
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Glenn D. Higdon, President of
Rock Star Ltd., a Texas limited partnership.
Signed on this the/Y day of , 1998.
Notary Public, State of Ai/
Commission Expires: D Y/03/0D
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 10
G 4ARRIOT{1DOCS1COVBNANT.DEC
CAPTEC NET LEASE REALTY, INC.
a Michigan Corporation
STATE OF M r1
COUNTY OF Wit 'I �Cntat)
1 L G* RlSTEP
fikitaiy +. Ws Norm Camay, Michigan
44/20Itapitaa: lietnsary 16, 2002
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by(Kf ,
1 - rC�C, f t1 of Captec Net Lease Realty, Inc., a Michigan corporation.
Signed on this the t day of I rl r V , 1998.
(1, klitACL,
Notary Public, State of
Commission Expires:
PAGE 11
GASCENIC1MARRIOTTE2OCS \COVENANT. ➢EC
William B. Lashlee, Individually
STATE OF 6A
COUNTY OF 6/t
Before me, the undersigned authority, on this day personally appeared William B. Lashlee,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged t me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office on this the 1 7 ) day of hl/e 444 /2 Zil , 1998.
Ngtary Public, State of (vti
Commission Expires:
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 12
6:\SCENIc4MARRIOTT1DOCS CoVENANT.DEC
Kenneth M. Gerrard, Individually
STATE OF Georgia
COUNTY OF Glynn
Before me, the undersigned authority, on this day personally appeared Kenneth M. Gerrard,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged t me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office on this the 14thday of December ' 1998 -
.75 -
N o t a r y Public, State of Georgia
Commission Expires: November 5, 2000
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 13
O \ .
CITY OF ROUND ROCK
by:
Name:
Title:
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by cw-iww.4s CU/Lp e ,
on behalf of the City of Round Rock, Texas
Signed on this the i`f" day of
CHRISTINE R. MARTINEZ
MY COMM;SSICN EXPIRES
August 5, 201
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ACKNOWLEDGMENT
JA)J4tR■
, 199/
Notary Public, State of Texas
Commission Expires: 01-0,5
PAGE 1.4
LOT 1
REPLAT OF CALCASIEU
LUMBER ADDITION
FOUND 1/2" IRON ROD
(DISTURBED)
LOT 2-A
2712 AC
LONE ROCK LIMITED
DOC 1510. 9735641
(W.C.0.R.)
LOT 2-A
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REPLAT OF LOTS 1,2, & 3 - BLOCK "B"
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290.58'
N THE CITY OF ROUND R
ROUND ROCK NISSAN
LOT 2
CABINET "M', SLIDES 323 -324
(W.C.P.R.) •
DATE: January 7, 1999
SUBJECT: City Council Meeting — January 14, 1999
HEM: 14.D.1. Consider a resolution concerning the Second Amendment of the
Declaration of Covenants, Conditions and Restrictions for Encino
Plaza. Staff Resource Person: Joe Vining, Planning Director.
This amendment deletes the restrictions against overnight parking of campers, motor homes,
mobile homes, boats, trailers, cominercial trucks and heavy equipment for Lot Three -A -3, Block
"B" of Encino Plaza. This is the second amendment to the Second Amendment to the Declaration
of Covenants, Conditions and Restrictions.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round
Rock, Texas, do hereby certify that I am the custodian of the public records maintained
by the City and that the attached is a true and correct copy of Resolution No. R- 99 -01-
14-14D1 was approved and adopted by the Round Rock City Council of the City of
Round Rock, Texas, at a meeting held on the 14th day of January 1999, as recorded in
the minutes of the City of Round Rock in Book 39.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 1st
day of March 1999.
DOC# 9914143
NE LAND, Assistant City Manager/
City Secretary
K:\ WPDOCS \RESOLUTI \R901140L.WPD /cdc
RESOLUTION NO. R- 99- 01- 14 -14D1
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 Lots
Three -A2 (3 -A2) and Three -A3 (3 -A3), 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 Lots Three -A2 (3 -A2) and
Three -A3 (3 -A3), Block "B" of Encino Plaza, a copy of said Amended
Declaration being attached hereto as an exhibit.
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, and the Act.
ATTEST:
RESOLVED this day of 14th day of Suary, 1999.
ANNE LAND, City Secretary
2.
lJ��� J,�2.., ,✓
CHARLES ttJLP s_E Mayor
City of Round Rock, Texas
0:1SCENIC1MARRIOTTe00S cOVENANT.DEC
SECOND AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
This Amended Declaration of Covenants, Conditions, and Restrictions is made on
,J11 NuAR+, 14 , 1999, 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; Rock Star, Ltd., a Texas Limited
Partnership; CaptecNet Lease Realty, Inc., aMichigan Corporation, William L. Lashlee; and Kenneth
M. Gerrard ( "Owners "), as well as the City of Round Rock, Texas.
Recitals
1. 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.
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 1
G\ Sc ENICIMARRIOTFIDOCS \COVENANT.DEC
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.
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.
ARTICLE TWO
Use Restrictions
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) 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
(f) 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 lots as long as said lots are 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.
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 2
G:\S DcCSICO
The exemption of said lots 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 hotels to be located on the lots. Should either of said lots cease to be used and operated
as a hotel, its respective exemption from the terms ofthis 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.
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
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 3
G \SCENICCMARRIOI T1DOCSICOVENANT.DEC
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 dilly executed this Amended Declaration of Covenants,
Conditions and Restrictions on this the I 'day of JANUARY 199 .
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 4
G:\ SCBN Ic\MARRIOTI\DOCSICOVENANT.DEC
Declarant:
HOPPE PROPERTIES, LTD.
16917 South Ridge Lane
Austin, Texas 78734
by:
Ale
Marianne Hoppe Wood,
STATE OF TEXAS
COUNTY OF WILLIAMSON
J. GARCIA
Notary to of Tema
Exgrrs
SEP?. ^;2001
neral Partner
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Marianne Hoppe Wood, General
Partner, on behalf of Hoppe Properties, Ltd., ��aTexas limited partnership.
Signed on this the o W
, day of ( U VA , 1998.
Notary • . - ' 7 ate of Texas
Commission Expires: 3O 2
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 5
G'SCENIC MARRIOTIMOCSICOV ENANT.DEC
Owners:
OAK TREE DEVELOPMENT CORPORATION
104 Spyglass
St. Simons Island, Georgia 31522
by:
William B. Lashlee
STATE OF Lie °, / cl"
COUNTY OF (1 « i'
J
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by William B. Lashlee,
of OAK TREE DEVELOPMENT CORPORATION, a Texas corporation.
Signed on this the I'9 iay of Decent K , 1998.
Notary blic, State of 6c4.
Commission Expires: & /.3/
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 6
GASCENIC'MARRIOTT'DOCs\COVENANT .DEC
HKS VENTURES, L.L.C.
203 North Nixon Avenue
Nixon_ Texas 78140
by: �s% ,fir
D' a1d D. offman, ' e ident
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Donald D. Hoffman, President
ofHKS VENTURES, L.L.C., a Texas limited liability company.
Signed on this the :iTot day of .T)eCevib€ , 1998.
ADRIANA BOATRIGHT
Notary Public State of Teas
PAY Com . ce Expires S/24/00
AMENDED DECLARATION OF COVENANTS,
CONDrnONS AND RESTRICTIONS
ACKNOWLEDGMENT
Notary Public, State of Texas
Commission Expires: 'Ii 'a2 L cO
PAGE7
GASCENIcEfAffiuo T OCSICOvENANrDEc
HAMMOUD, INC.
15418 Ecorio Drive
Austin, Texas 787
Amer Hamm d, resident
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by Amer Hammoud, President of
HAMMOUD, INC., a Texas corporation.
zL
Signed on this the 7 day of
66 Zt smox3 uoissiuwoo
SNAIL d0 3.LVI S
onsnd AHd1ON
Z3d01'1 NOHHHS
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
ACKNOWLEDGMENT
199f
Notary Public, State of Texas U
Commission Expires: /A - 9 �I
FADES
o sCENIcMARRIOTRDOCsICOVENANr .DEC
LONE ROCK Ltd., a Texas Limited Partnership,
by its General partner
STATE OF
COUNTY OF eA -ce46
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 / ytA day of d r c� , 1998.
Notary Public, State ofd )')/
Commission Expires: O /703/00
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 9
0:1SCENIC\MARRIOTIIDOCS\COVENA ITDEC
ROCK STAR, Ltd., a Texas Limited Partnership,
by its General Partner
ROCK LOG1G, INC.,�Ticas Co.a . ration
by:
Tenn Higdon, President
STATE OF //
COUNTY OF J mw,a 04 .4
ACKNOWLEDGMENT
On this date this instrument was acknowledged before me by Glenn D. Higdon, President of
Rock Star Ltd., a Texas limited partnership.
Signed on this the/94 day of Gf2f-caiw&c—) , 1998.
1J(,� . ,
Notary Public, State of All
Commission Expires: /.2 ,703 012
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 10
0: 5SCENIC IMARRIOTI}DOcs1COVENANT.DEC
CAPTEC NET LEASE REALTY, INC.
a Michigan Corporation
ACKNOWLEDGMENT
il�,
COUNTY OF 1 riCYsI.'V
STATE OF 1 ' f
L
� r 061,6 -er
U (�i
1Pfes', en l of Captec Net Lease Realty, Inc., a Michigan corporation.
Signed on this the 1 day of -on , 1998.
On this date this instrument was acknowledged before me by
TAMA I. CHRISTEN'
GY01®Pg► ii12612.atobtenaw Camay. 146a6001 C i,v( J �
iMytO Adman, 16, 2002 l�
Notary Public, State of
Commission Expires:
AMENDED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE U
O :\SCENICIMARRIOTIIDDCSICOVENANT .DEC
William B. Lashlee, Individually
STATE OF �
COUNTY OF 67,24A-Li
Before me, the undersigned authority, on this day personally appeared William B. Lashlee,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged t me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office on this the J7 O day of k/ E'd'- ', 1998.
51'
Na'tary Public, State of 60-
Commission Expires: , /3 /z00�
AMENDED DECLARATION 01' COVENANTS,
CONDITIONS AND RESTRICTIONS PAGE 12
GS3CENIMMARRIorI DOCSICOVENANT.DEc
Kenneth M. Gerrard, Individually
STATE OF Georgia
COUNTY OF Glynn
Before me, the undersigned authority, on this day personally appeared Kenneth M. Gerrard,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged t me that he executed the same for the purpose and consideration therein expressed.
Given under my hand and seal of office on this the 1 4thday of December , 1998.
,.t
Notary Public, State of Georgia
Commission Expires:November 5, 2000
AMENDED DECLARATION OF COVENANTS,
CONDmONS AND RESTRICTIONS PAGE 13
mscsmcRMamorroocslcovENA.vr.DEo
CITY OF ROUND ROCK
by: ,l.,,1,i
Name: eihq,e4.6.-.5 Title: /4/9yo,e
STATE OF TEXAS
COUNTY OF WILLIAMSON
On this date this instrument was acknowledged before me by ClA2WFWS Cu�PEPe >
on behalf of the City of Round Rock, Texas.
Signed on this the »l day of Vi11JLI R.j , 1991
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 5, 2001
ACKNOWLEDGMENT
CMS e Naktilikoz;
Notary Public, State of Texas G
Commission Expires: 0, - ,05 - D/
AMENDED DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS PAGE 14
LOT 1
REPLAY OF CALCASIEU
LUMBER 3001009
FOUND 1/2' IRON R00
(015TURB50)
REPLAY OF LOTS 1,2, & 3 - BLOCK "B"
CABINET 1 0 ", SLIDES 336 -337
(W.C.P.R.)
LONE ROCK UNITED
DOC NO 9735641
(W 0.0.4.)
339.00
LOT 2-A
2712 AC
r 0'5 - .0.5.T
pF S rIER
~ -- 2 026w
50 120'26 W
NAT 2
1396 AO
588'04'28 "E 10004.7'
FROM THE NORTHWEST CORNER OF
THE DAVID CURRY SURVEY A -130
908'49 34
71,98 (record
901'20'26 "E 303.: • •
04 '27'09 "E
30' P.U.E.
LOT 3-A1
202 ACRES
3
10 i
000ESS E I I3EMO
00C. N0. 9053642
- 1,---
1 E,
BLOCK
'7649'
15.46'
0803MACE. P.U.E.
k STORM SE
46 269
LOT 3•A3
2.780 ACRES
2n9z I
- 501'20'26' W_
M
assavim T+AL ROW. VA478) Lb0947 8EMD773
i
\:
15' P.U.E.
L
15' P.0
25' STORM SEWER, 0644.4E I
PU.E,_ ____
1
h I
LOT 3 111
1820 ACRES
RESERVED °RAMOS //--''
STORM WAWA DE1BR6011 P 9
r ANT WATER MALT' POND AREA
1'41
(703. 5)
I 2" IRON ROD 000 769.5
C NCRETE EIEV IN
9'
HOPPE 4.u- .6
NAT 2-B
1.461 AO
BLOCK
L-_
20' DRAIN P.U.E.
k STORM 4E7R
15.00
REPEAT OF LOT 2 - BLOCK "C" S13,14'255
15'00
CABINET "0', SLIDES 68 -69
(W.C.P.R.)
50070'00"
60.02'
19.18 ACRES
Al4ERICAN FREICHTWAYS
CORPORATION
U. S. INTERREGIONAL H I G H W A Y 3 S
SOU1NBOUND FRONTAGE ONE-WAY TRAFFIC
F.O. f. .4.641IS)
S00'10'00 'E 290.58'
IIVADIG
20.00• DEDICATED IN CAB "4 SID 272 -273
1'41"E 20.02'
41
n
THE CITY OF ROU
7,26
ROUND ROCK NISSAN
LOT 2
CABINET "M", SLIDES 323 -324
(W.C.P.R.)
ACCESS AiD7!$
I. LOTS 1-31 NM 3 - 33 6081 AT EA BE 59
MA 16 *RE T46YtYtQ
Gl19OM MAIL
2. NO °MEWAr WAY. EE ALLOW D3 4715
3-A4 ONTO I.N. 33
Dort; 9914143
$ Pages„ 19
Date 03 -04 -1999
Time 0 4:12;57 P.!.
Failed & Recorded in
Official
ofILIAMSON Cot.rnty, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 45.00
THE CTATE OF TEXAS
COUNTY OF SJi L
This is tta ce!titt O
IliOia Con , Texas an it c,, is ena
riampad U1E:awl.
1 '�
N ✓r. `i�
CJ
c Co�n ficrF
i :mtY ma Caeaty T;xaa
,PE72IE J n :
c(i CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK. TEXAS 78684
R Mark Dietz
Melissa G. Dietz
J. Lee Jarrard, Jr.
Mr. Joseph L. Vining
Planning and Development
City of Round Rock
221 East Main St.
Round Rock, Texas 78664
Dear Mr. Vining:
RECEIVED
NOV 2 0 1998
106 Fannin Avenue East CITY OF ROUND ROCK
Round Rock, Texas 78664 PLANNING DEPARTMENT
DiETz & ASSOCIATES, P.C.
Attorneys At Law
November 20, 1998
Re: Oak Tree Development Corporation sale to Rock Star, Ltd.
(512) 244-9314
Fax (512) 244 -3766
vio II and Del
As you are aware, this firm represents Oak Tree Development Corporation in relation to certain
matters associated with the development of Encino Plaza. Specifically, we are representing Oak Tree
in the sale of Lot 3 -A3, Block B which is being developed as a hotel.
As was the case for the development of the Courtyard Hotel on Lot 2 -A, Block B, the restrictive
covenants for Encino Plaza need to be amended to allow for overnight parking. 1 have enclosed the
City's Resolution No. R- 97- 09- 25 -'13B which provided for the Courtyard's amendment to the
restrictive covenants for your convenience. Also, 1 have enclosed the proposed Second Amended
Declaration of Covenants, Conditions and Restrictions for your review.
Please contact me to discuss this matter further.
7LL511
Enclosures
GA OakTree \LoneStar\CorrlVfining.Nov20
cc Bill Lashlee
Charlie Crussricld via I land Deliver)
Sincerely,
J. Lee Jarrar , Jr., Attorney
D1E;1 Z & AS OCIATES, P
R Mark Dietz
Melissa G. Dietz
J. Lee Jarrard, Jr.
Mr. Joseph L. Vining
Planning and Development
City of Round Rock
221 East Main St.
Round Rock, Texas 78664
Mr. Charles Crossfield
Brown McCarroll Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, TX 78664
Gentlemen:
JLJI
Enclosure
G_\OakTree\Merrmot \Co rWining.Jan08
DIETZ & ASSOCIATES, P.C.
Attorneys At Law
106 Fannin Avenue East
Round Rock, Texas 78664
January 8, 1999
Re: Oak Tree Development Corporation sale to Rock Star, Ltd.
via Hand Delivery
via Hand Delivery
Enclosed is the signature page ofHammoud, Inc. for the Amended Declarations. Please insert
it as page 8 in the document which I delivered to you on January 6, 1999. As was the case on
January 6th, I am delivering the original to Charlie and a copy to Joe. Please call me if you have any
questions.
(512) 244 -9314
Fax (512) 244 -3766