RESTRICTIVE COVENANT
This Restrictive Covenant (this “Restrictive Covenant”) is made as of the
__________ day of ______________, 2019 (the “Effective Date”) by 3805 RED RIVER
PRESERVATION, LLC, a Texas limited liability company (“Owner”).
RECITALS:
•
Owner is the owner of Lot 3 and a portion of Lot 4, Block 4, of Country
Club Heights, an addition to Travis County, Texas, according to the plat thereof recorded
in Volume 3, Page 113, Plat Records, Travis County, Texas, being more particularly
described by metes and bounds in Exhibit A attached hereto and made a part hereof for
all purposes (the “Property”).
•
Owner has agreed that the Property should be impressed with certain
covenants and restrictions described herein to be established with respect to the Property.
NOW, THEREFORE, for and in consideration of the premises set forth in the
Recitals above and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner does hereby impose the following obligations,
restrictions and covenants upon the Property, which shall be covenants running with the
land and shall be binding upon Owner and all subsequent owners of the Property. Owner
further declares that the Property shall be held, sold and conveyed, subject to the
following:
COVENANTS:
•

Use Restrictions.

•
No portion of the Property shall be used for (i) Club or Lodge, (ii)
Communication Service Facilities, (iii) Congregate Living, (iv) Convalescent Services,
(v) Day Care Services – Commercial, (vi) Day Care Services – General, (vii) Family
Home, (viii) Group Home Class I (Limited & General), (ix) Group Home Class II, (x)
Hospital Services Limited, (xi) Local Utility Services, (xii) Religious Assembly, (xiii)
Residential Treatment, (xiv) Safety Services, (xv) Telecommunication Tower, (xvi)
Communication Service Facilities, (xvii) Medical Offices exceeding 5000 square feet,
(xviii) Community Garden, or (xix) Urban Farm, all as defined in the City of Austin Land
Development Code, Chapter 25-2, Subchapter A, in effect as of the Effective Date. All
other uses permitted by the City of Austin Land Development Code, as it may be
amended, are allowed on the Property.
•
The use of the portion of the Property cross-hatched and identified
as the “Single-Family Residential Use Area” on Exhibit B attached hereto and made a
part hereof shall be limited to Single-Family Residential use, as defined in the City of
Austin Land Development Code, Section 25-2-3(B)(12), in effect as of the Effective
Date.
•
Covenants Running with the Land. This Restrictive Covenant and the
restrictions, covenants, benefit and obligations created hereby are benefits and servitudes
running with the land and shall inure to the benefit of the Owner, the Subdivision Lot
Owners (defined below), and their respective successors and assigns and shall be binding
upon Owner, and its successors and assigns.
•

Enforcement. This Restrictive Covenant may be enforced by any fee

simple owner of a subdivision lot in Country Club Heights, an addition to Travis County,
Texas, according to the plat thereof recorded in Volume 3, Page 113, Plat Records, Travis
County, Texas (collectively, the “Subdivision Lot Owners”) as their sole and exclusive
remedy, through a claim for injunctive relief.
•
Partial Invalidity. If any part of this Restrictive Covenant or any of the
foregoing covenants is declared invalid, by judgment or court order, the same shall in no
way affect any of the other provisions of this Restrictive Covenant, and such remaining
portion of this Restrictive Covenant shall remain in full effect.
•
Modifications. This Restrictive Covenant may be modified, amended or
terminated only by joint written action of both (a) a majority of the Subdivision Lot
Owners and (b) the owner(s) of the Property, or the portion thereof, subject to the
modification, amendment or termination, at the time of such modification, amendment or
termination.
•
Term. The term (“Term”) of this Restrictive Covenant shall be fifty (50)
years from the Effective Date hereof. Upon the expiration of the Term, this Restrictive
Covenant shall automatically renew for consecutive 10-year periods unless terminated
pursuant to Section 5.
•
No Third Party Beneficiaries. The provisions of this Restrictive Covenant
are for the exclusive benefit of Owner and the Subdivision Lot Owners and their
successors and assigns, and not for the benefit of any third person, nor shall this
Restrictive Covenant be deemed to have conferred any rights, express or implied, upon
any third person or the public.
•
Controlling Law. The laws of the State of Texas shall govern this
Restrictive Covenant. Venue for all purposes shall be Travis County, Texas.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]
[SIGNATURE PAGE TO RESTRICTIVE COVENANT]
EXECUTED to be effective on the Effective Date.
OWNER:
3805 RED RIVER PRESERVATION,

LLC,

a Texas limited liability company
By:
Name:
Title:

STATE OF TEXAS
COUNTY OF TRAVIS

§
§
§

This instrument was acknowledged before me on the _____ day of
_________________,
2019,
by
_______________________,
the

______________________ of 3805 Red River Preservation, LLC, a Texas limited
liability company, for and on behalf of said limited liability company.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Mary Allen
McGinnis Lochridge LLP
600 Congress Avenue, Suite 2100
Austin, Texas 78701
[ATTACH METES AND BOUNDS DESCRIPTION AS EXHIBIT A]
[ATTACH CROSS-HATCHED SURVEY AS EXHIBIT B]