HomeMy WebLinkAboutSubdivision AgreementX524 i 5
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this )day of March, 1998, by BURTON
RAY HERMANN.
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Y R�ERSt�ANN Not r P lic " and for the State of Texas
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THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this day of \March. 1998, by
VIRGINIA BORISKIE HERMANN.
Notary P blic yin and for the State of Texas
�KApy MERSMANN i`✓l� Commission Exires:
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THE E OF T
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this 3L day of March, 1998, by
MICHAEL W. THILTGEN, Individually and as Independent Executor of the =state of Lydia
Frances Boriskie. Deceased.
4'utic in and for the State of Texas
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06524•x.5
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this �day of March, 1998, by
VIRGINIA BORISKIE HERMANN, General Partneri i the Lydia Boriskie Partnership.
Notary P blit in and for the State of Texas
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THE STATE OF TEXAS
COUNTY OF BRAZOS
My Commission Expires:
i his instrument was acknowledged before me on this dad of March, 1998. by BURTON
RAY HERMANN, Partner in the Lydia Boriskie Partnership.
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t} �'"-'� fj;:RS1.4A fl Not- - Pu is in and for the State of Texas
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THE STATE OF TEXAS
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COUNT )' OF BRAZOS
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This instrument was acknowledged before me on this day of March, 1999. by
MICHAEL W. THILTGEN. Partner in the Lydia Bo 'skie Partnership,
III"O KA €,tl:ra$�i7t46N Notary Publ c in and for the State of Texas
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652415
THE STATE OF TEXAS ti
COUNTY OF BRAZOS
This instrument was acknowledged before me on this 3-6day of March, 1998, by CHERYL
THILTGEN, Partner in the Lydia Boriskie Partnership.
k:;.f t I`}�:r�siky�y 40--y P lis nand for the State of Texas
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I hereby ortify that this instrMa 10s
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0651259
ADDITIONAL DEED RESTRICTIONS
FOR HORSE HAVEN ESTATES SUBDIVISION
STATE OF TEXAS
COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS:
That BURT & VIRGINIA HERMANN, the owners of that certain subdivision 2
in the City of College Station, Brazos County, Texas, known as HORSE
HAVEN ESTATES, do hereby add to the deed restrictions (and to the
Amended Deed Restrictions, Vol. 2948, P. 310) filed for record in
Volume 2558, Pages 121-124, Official Records of Brazos County, Texas
as follows:
The owner/s of any golf practice facility on land (in or adjacent to
said subdivision) that is or was owned by Burt & Virginia shall be
responsible for erecting and maintaining fencing that will prevent
off balls from entering adjacent property.so long as a golf practne5
acility is in operation on said land.
Notwithstanding anything contained in the Development Agreement signed
by Burt & Virginia Hermann and filed for record in the Official Records
of Brazos County, Texas, in March of 1998, Burt & Virginia Hermann,
their successors and assigns, shall not do anthing that will require
the development of the southwar extension of Appoma ox rive without
writ en permission from the owners, e ns, of
pea Lot 2, const ing of25.0acres, whose Final Plat was filed
for record in the Official Records of Brazos County, Texas, in March
of 1998.
Executed this .the /S Q` day of �'C4 �, 19 X.F.
ATTEST:
BY:
B Her ann,
ATTESTowner:
BY:
Vir is Hermann, owner
STATE OF TEX
COUNTY OF —15
Before me, the undersigned authority; on this day personally appeared e+ ({u nn,W
be the person whose name is subscribed 'to the foregoing instrument, and acknowledged me'
that he executed the same for the purpose and consideration therein expressed in the capacity
therein stated and as the act and deed of said corporation.
Given under my hand and seal of this office this the i d-t�day of YnctA .cam 19cl K
Notar ublic in and for Brazos County, Texas `M�"ABEWA.JONE'S
` NOTARY PUBLIC
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UTC 972021 nkf
RESTRICTIVE COVENANT AND AGREEMENT
THE STATE OF TEXAS
COUNTY OFBRAZOS
06524155
This Restrictive Covenant and Agreement ("Agreement") is made on the date hereinafter set
forth by Burton Ray Hermann and Virginia Boriskie Hermann, Michael W. Thiligen, Individually
and as Independent Executor of the Estate of Lydia Frances Boriskie, deceased and Burton Ray
Hermann. Virginia Boriskie Hermann, Michael W. Thiltgen and Cheryl Thiltgen, Partners in the
Lydia Boriskie Partnership (such parties, collectively referred to as "Owner") as a covenant running
with the land contained within Horse Haven Estates (except for Lot 2 thereof, which is expressly
excluded), a subdivision in Brazos County, Texas created by Deed Restrictions dated March 15.
1996 recorded in Volume 2558, Page 121 of the Official Records of Brazos County_ Texas and
amended by Amended Deed Restrictions of Horse Haven Estates dated October 197 and
recorded in Volume 2948, Page 310 of the Official Records of Brazos County, Texas and �_s further
amended by Additional Deed Restrictions for Horse Haven Estates Subdivision dated March 18,
1998 ai,d recorded in Volume 3062, Page 156 of the Official Records of Brazos. County, Texas (all
of the above instruments herein collectively referred to as the "Deed Restrictions").
WHEREAS, a Final Plat of Lot 2 of Horse Haven Estates, consisting of 25.07 acres ("Lot
2-). was tiled of record in Volume 3066 at Page 11 in the Official Records of Brazos County. Texas;
and
WHEREAS, a Development Agreement was executed by Owner and the City of College
Station, Texas on March 12, 1998 and filed of record in the Official Records of Brazos County,
Texas in Volume 3065 at Page 245 (the "Development Agreement"); and
WHEREAS, the Development Agreement covers, among other thin=s, the agreement of the
parties thereto with respect to the southerly extension of Appomattox Drive; and
WHEREAS, Owner is on this day selling Lot 2 to Lone Star - College Station Golf
Academy, Ltd. ("Lone Star") and in connection with such sale, Lcne Star has required certain
restrictions be added to the restrictions affecting Horse Haven Estates and that certain assurances be
made by Owner to Lone Star and Owner is willing to execute such restrictions and provide such
assurances in favor of Lone Star.
NOW, THEREFORE, as a condition of the purchase of Lot 2 by Lone Star, Owner does
hereby impose upon all of Horse Haven Estates (except for Lot 2, which is hereby expressly
excluded) the following covenants which shall be covenants running with the land and shall be
binding npon any purchaser, grantee, owner, or lessee of any portion of Horse Haven Estates (except
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for Lot 2 thereof. which is expressly excluded), and upon the respective heirs. executors. 3
administrators, devisees, successors and assigns of any such purchaser, grc.ntee. owner or lessee:
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The use, zoning and development of Horse Haven Estates (except for Lot 2, which
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is expressly excluded) shall be restricted for all purposes to those uses. zonings and developments
which will not cause the City (as defined in the Development Agreement) to require the souther-ly
extension of Appomattox Drive over Lot 2:: Owner, on behalf of itself and its successors and
assigns, agrees that it will not with respect to Horse Haven Estates pursue a change in zoning, change
the use of or redevelop Horse haven Estates or any portion thereof, to the extent that such change
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in zoning. change in use or redevelopement would require the southerly extension of Appomattox
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Drive over Lot 2. Owner acknowledges that Lone S«r, its successors and assigns, shall be free; to
change or seek to change the use, zoning or to redevelop Lot 2 at any time and from time to time.
Notwithstanding the fact that Lot 2 has been platted as "Lot 2 of Horse Haven
Estates" pursuant to the Plat, Owner acknowledges and agrees that Lot 2 is not subject : ny deed
restrictions, architectural contro! committee submission and approval requiremu.. dues,
assessments, restrictions on land use or activities, restrictions on lot sizes, easements, maintenance
obligations or any other provisions of the Deed Restrictions applicable to property located in Horse
Haven Estates and none of such restrictions (as the same may be amended from time to time) shall
ever be applicable or be amended to be made or attempted to be made applicable to Lot 2. Any
amendments to the Deed Restrictions or any additional deed restrictions or matters purporting to
affect Lot 2 shall be null and void and of no force and -effect with respect to Loi. 2.
Lone Star agrees and acknowledges that the provision set forth in the Additional Deed
Restrictions for Horse Haven Estates Subdivision recorded in Volume 3062, Page 155 with respect
to maintaining fencing shall be applicable to Lot 2 during the period which Lot 2 is used for a golf
practice facility. Other than as set forth in the immediately preceding sentence, the parties agree that
Lot 2 is unrestricted in all respects.
This Agreement is made for the benefit of Lone Star anc: its assigns and ffie successor
owners of Lot 2, and is appurtenant to I.ot 2, as same may be subdivided, and may be enforced by
any of such owners, their successors and assigns. This Agreement may not be modi fi•: d or emended
unless the then owners of Lot 2, as same may be subdivided. agree in a writtcri. recorded instalment
to such modification or amendment.
In the event of any interference or thi-eatened interference with the rights herein
granted or reserved, such rights may be enforced by restraining orders and injunctions (temporary
or permanent) prohibiting such interference and commanding compliance with the provisions hereof,
which restraining order; and injunctions shall be obtainable upon proof of the existence of such
interference or threatened interference, aad without the necessity of proof of inadequacy of legal
remedies or irr:parable harm; provided, how . --r, nothing herein shall be deemed to be an election
of remedies or a waiver of any other rights or remedies available at law or in equity.
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In the event any party hereto breaches any of the terms of this Agreement whereby
the party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then
the defaulting party agrees to pay to the other party reasonable attorneys' fees so incurred by such
other party at trial and all appellate levels.
In the event any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity. illegality
or unenforceability shall not affect any other provision hereof and this Agreement shall be construed
as if such invalid, illegal or uner.forceable provision had never been contained herein.
Descriptive headings are for convenience only and shah ..ot control or affect the
meaning or construction of any provision of this Agreement. Whenever the context of this
Agreement requires, words used in the singular shall be conttnted to include the plural and vice
versa, and pronouns of whatsoever gender shall be deemed to include and designate the masculine,
feminine or neuter gender.
For the convenience of the parties. this Agreement may be executed in any number
of counterparts, each of which may be executed by any one or more of the parties hereto but all of
which shall constitute one instrument, and shall be binding and effective only when all of the parties
hereto have executed at least one counterpart.
This Agreement shall be governed by and ecnstrued and enforced in accordance with
the laws of the State of Texas.
The terns "Ovrmer" shall mean and refer to Owner, its successors and assigns and the
successive owners of all or any part of Norse Haven Estates (other than Lot 2) and the term "Lone
Star" shall mean and refer to Lone Star, its successors and assigns and the successive owners of all
or any part t, . -ot 2.
After the date hereof, each party hereto at the request of the other partly hereto and
without additional consideration, shall execute and deliver or shall cause to be executed and
delivered from time to time such further instruments to document the agreements set forth herein and
shall take such other action as the other may reasonably require to achieve the purpose of this
Agreement.
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IN WITNESS WHWOF. Owner has executed this Restrictive Covenant and Agreement
to be effective this the , 3day of March, 1998.
"Owner" 7'
Hov03:1207282
Burton Ray Hermann 0
iTs'.t2�L c7�, °tet
VirgiWia Boriskie Hermann
Michael W. TRiitgen, Individually
and as Independent Executor of the
E.nate of Lydia Frances Boriskie, Deceased
LYDIA BORISKIE PARTNERSHIP
By:
Viria Boriskie Hermann. General Partner
BY: C-7Cu06E--��Gt - ----
Burton Ray Hermann, Wr
By:�
Michael W. Thiltgen, Partner
By:
Cheryl Thil. n, Partner
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