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CM-05-01-014AMENDMENT TO DECLARATION OF COVENANTS= CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS * COUNTY OF WILLIAMSON * This Amendment to Declaration of Covenants, Conditions and Restrictions (this "Amendment") is entered into this alp day of January, 2005 by The Old Settlers Association of Williamson County, Texas, a Texas non-profit corporation (the "Association"), with the concurrence and joinder of the City of Round Rock, Texas. WHEREAS, on or about February 28, 1989, the Association filed of record that certain Declaration of Covenants, Conditions and Restrictions in Volume 1760, Page 468 of the Official Records of Williamson, County, Texas (the "Declaration"); WHEREAS, the Declaration set forth various covenants and restrictions to be impressed upon a certain tract of property more fully described therein consisting of approximately 2.78 acres (such 2.78 acre tract being the "Original Property" ); WHEREAS, the Association now desires to redefine the Original Property to be as set forth herein; NOW THEREFORE, consistent with the provisions of the Declaration and with the joinder and concurrence of the City of Round Rock, the Association hereby revises and amends the Declaration as set forth below: 1. From the date hereof, the Original Property as described in the original Declaration shall no longer be as described therein but shall instead consist and be described as the 2.78 acre tract more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes. This Amendment shall be in place and considered in full force and effect from the date hereof for all purposes. Except as specifically amended herein, the Declaration is acknowledged and reaffirmed by the Association as being in full force and effect and shall continue as such unless and until amended from time to time in the future. This Amendment is executed as of the date first above written and shall be effective upon its recording in the Official Records of Williamson County, Texas. CS -)I_ oE4- 00043312.DOC /) The City of Round hereby joins herein and concurs with the provisions of this Amendment for all purposes. The City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON * * The Old Settlers Association of Williamson County, Texas, a Texas non -pr • orporation By: Irene Michna, Presiden This instrument was acknowledged before me on this the =T./ day of January, 2005, by Irene Michna, President of The Old Settlers Associ. 'on of Williamson County, Texas, a Texas non-profit corporation, on behalf of said • •rpor. on. { 00043312 .DOC /} Notary PTic in and for the to Texas Co fission Expires: (" .ame) THE STATE OF TEXAS COUNTY OF WILLIAMSON * * This instrument was acknowledged before me on this the o` LP day of January, 2005, by Jim NU se , e i ry mpNpg6R) of The City of Round Rock, Texas, a Texas home -rule city, on behalf of said City. -01%--, S'=_ CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 29, 2005 {00043312.DOC /) Notary Public in and for the State of Texas My Commission Expires: $-a8-Q5 (Print Name) CHRIs-TiN6 R• iyormicz. EXHIBIT "A" Page 1 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 2.78 ACRES OF LAND SITUATED IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101.11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF THAT CERTAIN 2.78 ACRE TRACT OF LAND DESCRIBED IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME I760, PAGE 478 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2.78 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Texas Highway Department type II monument station 220+76.10, I44.70 feet left from Base Line G, found in the north line of said U.S. Highway No. 79, in the west line of said 2.78 acre tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Carrie Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, and for the southwest corner of the herein described tract, from which the northeast corner of the P. A. Holder Survey bears approximately NO2°E 5584 feet; THENCE with the west line of the herein described tract, the west line of the said 2.78 acre tract, and the east line of said Griffin tract, NO2° 15'41 "W a distance of 284.50 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the northwest corner of the herein described tract, from which a 'h inch iron rod found for the northwest corner of the 2.78 acre tract bears-NO2° 15'41 "W a distance of 23.19 feet ; THENCE over and across said 2.78 acre tract and said I01.11 acre tract, with the north line of the herein described tract, N63°36'53"E a distance of 408.28 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26°23'07"E a distance of 259.66 feet to a 1/2 inch iron rod with aluminum cap set in concrete for the southeast corner of the herein described tract and in the north line of U.S. Highway No. 79, from which a Texas Highway Department type II monument found in the north line of said U.S. Highway No. 79 bears N63°36'53"E a distance of 575.25 feet; S:\280050I\_Documents\ PLAT NOTES.doc EXHIBIT "A" Page 2 of 2 Plat Description 2.78 Acres Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas THENCE with the south line of the herein described tract and the north line of said U.S. Highway No. 79, S63°36'53"W a distance of 524.56 o the POINT OF BEGINNING containing 2.78 acres of land, within these metes and bounds Reference is herein made to the sketch of this 2.78 acres tract of land accompanying this description. Bearing Reference: the north line of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM-ALLEN, INC. regory Schmidt Registered Professional Land Surveyor No. 4437 Date: '1 S:\2800501\_DocumrntsTLAT NOTES.doc