2010R77 - Merritt Lakeside Senior VillageRESOLUTION NO. 10-R-77
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A DIiJVELOPMENT AGREEMENT
WITH DDC ASTON, LTD., AND OTHER NIATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz {the "City") has recommended that the
City enter into a development agreement with DDC Aston, Ltd. relating to Metritt Lakeside
Senior Village; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with DDC Aston, Ltd. pursuant to the Development Agreement attached hereto as
Exhibit A {the "Agreement").
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with DDC Aston, Ltd. in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section b. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and afle~• its final
passage, and it is so resolved.
5D359506.1
PASSED AND ADOPTED, this 4`~' day of January, 2011.
CITY OF SC ERTZ, TEXAS
r
~.~-
Mayor
ATTEST:
f
City Secretary
{CITY SEAL)
50359506.1
EXHxBTT A
DEVELOPNTENT AGREEIVTENT
50359506.1 ,~-1
YO[2959 P60166
~~- 041501
DECLARATION OF RESTRICTIVE COVENANT AND DEVELOPMENT
AGREEMENT FOR MERRITT LAKESIDE SENIOR VILLAGE IN SCHERTZ, TEXAS
This Restrictive Covenant and Development Agreement for Merritt Lakeside Senior
Village in Schertz, Texas (this "AgreemenP'), is executed this 4th day of January, 2011 (the
"Effective Date"), by DDC Ashton, Ltd. ("Initial Owner"), and is approved by the City of
Schertz, Texas (the "City"), as set forth below.
RECITALS
A. Initial Owner is the owner of land (the "Property"), more particularly described
on Exhibit A attached hereto. Initial Owner intends to develop certain improvements on the
Property, as shown on the site plan attached hereto as Exhibit B (the "Planned Development").
B. The Planned Development is intended to be and to be operated as "Affordable
Senior Housing", which is housing that is (i) operated so as to be eligible for low-income tax
credits under Section 42 of the Internal Revenue, and (ii) targeted to individuals 55 years of age
or older.
C. The term "Owner" means, individually, and the term "Owners" means,
collectively, Initial Owner and all future owners of the fee interest or any portion of the Property
(whether such fee interest is obtained through a purchase fiom Initial Owner or through a
purchase at a foreclosure sale or trustee's sale or through a deed in lieu of foreclosure) and their
successors and assigns. The term "Parking Complaint" means a complaint made to the City or
to the then current Owner, by a tenant of the Property or by a third party that awns or rents real
property adjacent to the Property, that all of the parking spaces on the Property are frequently
full and that, as a result, the then current Owner's employees and contractors, tenants of the
Property, or such tenants' guests frequently park on City streets or on other property when
visiting the Property.
D. The Unified Development Code of the City requires Initial Owner to construct
four-hundred forty {440) parking spaces on the Property in connection with the Planned
Development of the Property. However, both Initial Owner and the City believe that, as a result
of the specif c use intended for the Property, fewer pa.tking spaces should be required for the
Planned Development.
E. Subject to the approval of this Agreement by the City Council of the City, Initial
Owner has agreed to impose upon the Property these covenants and conditions for the benefit of
the Property, the City and the neighborhood.
NOW, THEREFORE, Initial Owner declares that the Property is subject to the following
covenants, conditions and restrictions, which run with the Property and bind all patties having
right, title, or interest in or to any portion of the Property, their respective heirs, successors, and
assigns, and which inure to the benefit of the Ciry and each tenant of the Planned Development
(the "Be~teftciaries"). Each contract, deed or conveyance of any kind conveying all or a portion
of the Property will conclusively be held to havc been executed, delivered, and accepted subject
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to the following covenants, conditions and restrictions, regardless of whether or not they are set
out in full or by reference in said contract, deed or conveyance.
SPECIFIC AGREEMENTS AND RESTRICTIONS:
1. Recitals Inco orated. The above Recitals and all terms defined therein are incorporated
into this Agreement for all purposes.
2. Development Agreement. For purposes of site plan review, modification, or approval by
the City, the Planned Development will be constructed as a unified develapmentlsingle site. Any
proposed modifications to the Property or the Planned Development will require City approval.
Any proposed revision must be made in accordance with the provisions of the Unified
Development Code of the City and this Agreement. This section applies to, but is not limited to,
building locations and dimensions, the extent of impervious coverage, parking, and landscaping
of the Property. Except with respect to Section 3.C.(iii), to the extent this Agreement
specifically conflicts with the Unified Development Code of the City or any other law or
regulation imposed by the City, this Agreement will control.
3. Parkin .
A. Subject to Section 3.E., so long as the Planned Development is operated as
Affordable Senior Housing, the City approves the construction by Owner of the Planned
Development in accordance with the site plan attached hereto as Exhibit B, which requires the
construction of at least two-hundred thirty-one (231) parking spaces as shown on Exhibit B,
B. Subject to Section 3.E., the then current Owner will provide to the City any
written Parking Complaint within two (2) business days of receipt by the then current Owner. If
the City ar the then current Owner receives three (3) or more written Parking Complaints, and a
City official visually inspects and verifies that all of the parking spaces on the Property are
frequently full and that, as a result, then current Owner's employees and contractors, tenants of
the Property, or such tenants' guests frequently park on City streets or other property when
visiting the Property, or if the City makes such dete~~rtinatian on its own following its inspection
of the Property (not related to any filed Pat'king Complaints as described above), then the City
Manager or his designee (i) shall notify the then current Owner in writing, and (ii) may
determine that additional parking spaces are needed an the Property based on parking spaces
required by the Owner's employees and contractors, tenants in the Property and such tenants'
guests, and if so, specifically how many more parking spaces are required. The total number of
additional parking spaces that could be recommended in such case shall not cause the total
number of parking spaces on the Property to exceed four-hundred forty (440) parking spaces.
C. Subject to Section 3.E., if the City detei7nination described above under
Section 3.B. is made, the City Manager may present that information to the City Council of the
City. The then current Owner will receive the City's determination at least ten (10) days before
it is presented to the City Council, so that the then current Owner may present any other relevant
information to the City Council. Tf the City Council votes by resolution to require the then
current Owner to construct additional parking spaces, the then current Owner shall be obligated
to do so within a reasonable time but not exceeding six {6) months, except to the extent delayed
54362322.2
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by weather conditions preventing completion of such additional spaces, provided that the then
current Owner (i) shall not be required to construct more than four-hundred forty (440) total
packing spaces on the Property, including the two-hundred thirty-one (231) parking spaces being
constructed initially as shown on Exhibit B; (ii) shall not be required to construct more
additional packing spaces than the specific number recommended in the City's determination
described above in Section 3.B.; (iii) shall not be required to construct more additional parking
spaces than the number that would be required in order for the Property to comply with the
Unified Development Cade of the City, or its successor laws and regulations, at that point in
time; and (iv) may pick the locations for any additional parking spaces to be constructed on the
Property from those that are shown on the site plan attached hereto as Exhibit C, which shows a
total offour-hundred forty (440) parking spaces on the Property.
D. Subject to Section 3.E., all parking spaces constructed on the Property, initially or
pursuant to Section 3.C., must be in accordance with the approved site plans as set forth in this
Agreement. Any change to the approved site plan must be approved in writing by the City.
E. The provisions of Sections 3A., B., C., and D. shall remain in effect through
December 31, 2015.
F. If at any time the PIanned Development ceases to be operated as Affordable
Senior Housing, it shall be required to have the number of parking spaces for the new use as
required by the then effective rules of the City.
4. Excusable Delays. Whenever performance hereunder is required of the then current
Owner, the then current Owner shall use all due diligence to perform and take all reasonable and
necessary measures in good faith to perfoi7n within a reasonable time; provided, however, that if
completion of performance is delayed at any tune by reasons of acts of God, war, civil
commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or material,
damage to work in progress by reason of fire or other casualty, or any other cause beyond the
reasonable control of the then curt'ent Owner (financial inability, imprudent management or
negligence excepted), then the time for performance as herein specified will be extended by the
amount of delay actuaIly so caused.
5. No Conveyance. This Agreement does not convey an interest in the Prope~~y to the public
or any governmental body except a right to enforce this Agreement on the then current Owner.
6. General Provisions,
A. This Agreement inures to the benefit of and binds the Owners, their successors
and assigns, and the Beneficiaries. When an Owner conveys all or any poi~ion of the Property,
and retains no interest in the Property, that former Owner will thereupon be released and
discharged fiom any and all further obligations, if any, under this Agreement that it had in
connection with the Property conveyed by it fiom and after the date of recording of such
conveyance, but no such sale releases that former Owner from any liabilities, if any, actual or
contingent, existing as of the time of such conveyance.
so362azz.2
Restrictive Covenant & Development Agreement -- Merritt Lakeside Senior Village (Schertz, Texas) Page 3 of 10
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B. Unless modified, amended, or terminated in accordance with Section 6.L, this
Agreement remains in effect in perpetuity.
C, This Agreement will not be subject to the doctrine of merger, even though the
underlying fee ownership of the Property, or any parts thereof, is vested in one party or entity.
D. This Agreement (including the Exhibits attached hereto} contains all the
representations and the entire agreement between Initial Owner and the City with respect to the
subject matter hereof. Any prior correspondence, memoranda or agreements are superseded by
this Agreement and the Exhibits attached hereto.
E. This Agreement will be governed by the laws of the State of Texas. This
Agreement is performable only in the county in Texas where the Property is located.
F. Any notice to an Owner or the City must be in writing and given by delivering the
same to such party in person, by private expedited carrier services (such as Federal Express}, or
by sending the same by certified mail, return receipt requested, with postage prepaid to the
intended recipient's last known mailing address. All notices will be deemed given, received,
made or communicated on the date personal delivery is effected or, if mailed, on the delivery
date or attempted delivery date shown on the return receipt. As of the time this Agreement is
signed, the parties' respective addresses for purposes of notice are as follows:
Initial Owner Address: City of Schertz Address:
3701 North Lamar, Ste. 206 1400 Schertz Parkway
Austin, Texas 78705 Schertz, Texas 78154
G. None of the terms or provisions hereof will be deemed to create a partnership
between or among Initial Owner, any Owner, or the City in their respective businesses or
otherwise; nor will it cause them to be considered joint ventures or members of any joint
enterprise.
H. If any Owner violates or attempts to violate this Agreement, it will be lawful for
the City and the other Beneficiaries to seek to enjoin such violation and/or to otherwise enforce
this Agreement. Only the City and the other Benef curies may seek such relief against the
Owners. There are no other intended third party beneficiaries of this Agreement. The failure at
any time to enforce this Agreement by the City or the other Beneficiaries, whether any violations
hereof are known or not, does not constitute a waiver or estoppel of the right to do so.
I. This Agreement may only be modified, amended ar terminated upon the filing of
a written modification, amendment or termination document in the Official Records of
Guadalupe County, Texas, after that document has been executed, acknowledged and approved
by both (a} the City; and {b} all of the Owners of the Property at the time of the modification,
amendment, or termination.
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Restrictive Covenant & Development Agreement- Merritt Lakeside Seneor Vi}lage {Schertz, Texas) Page 4 of 10
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Executed to be effective as of the Effective Date.
STATE OF TEXAS §
COUNTY OF~~'~~S §
INITIAL OWNER;
DDC Ashton, Ltd.
By: DDC As on GP, LLC, its general partner
By:
Name: Colby W. Denison
Title: Its authorized representative
Befoxe me on this day personally appeared Colby W. Denison (as the authorized
representative of DDC Ashton GP, LLC, in its capacity as the general partner of DDC Ashton,
Ltd.), known to me personally to be the person whose name is subscribed to the foregoing
inshument and acknowledged that he executed the same for the purposes and consideration
therein expressed,
Given under my hand and seal of office on January ~J , 2011,
,~ ~,~„
~~~t,, {y;,`;^ INA K, SPOKAS
Notsry Putalic, State of T'axas
,~~ ~.,~ My CnmmEaslon Expires
~~ ~,~~ May 2o,aai2
50362322.2
ary Public, State of Texas
Restrictive Covenant & Development Agreement-Merritt Lakeside Senior Village (5chertz, Texas} Page 5 of 10
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ACCEPTED:
CITY OF SCHERTZ
By:
Name: Don E. Taylor
Title: City Manager
STATE OF TEXAS §
COUNTY OF GUADALUPE §
Before me on this day personally appeared Don E. Taylor (the City Manager of the City
of Schertz, Texas), known to me personally to be the person whose name is subscribed to the
foregoing instrument and acknowledged that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on January ~ O~ , 2011.
~ SARAH E. GOfVZAt_FZ ~
f~lota Public ~
~ * ~ * State of texas ~ Notar Public, State of Texas
~oF~ Comm. ~acp. 1Q-31-2Qt2 ~, y
SirdV.+G~.~G~G{G4"SGwt'.~'t;`~ ~G~! 1<c~35G4:5G~G4"+u~L
Attachments:
Exhibit A Recordable Description of the Property
Exhibit B Site Plan of the Planned Development {231 Parking Spaces)
Exhibit C Site Plan of the Planned Development (440 Parking Spaces)
AFTER RECORDING, RETURN TO:
City of Schertz q~•, ~~~~ ~~
1400 Schertz Parkway
Schertz, Texas 78154
Project Name: MERRITT LAKESIDE SENIOR VILLAGE
Attn: City Secretary
50362322.2
Restrictive Covenant & Development Agreement-Merritt Lakeside Senior Village {Schertz, Texas) Page b of 10
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I<;XHIBIT A:
Le al Descri tion of the "Pro er
FIELLI ~CJ'>r~ ~I:~,~ CIi1P'I'IQN CaF 111.637 ACIDS UN I.ANI} ~lU'~' di~"1'lils I°~F~i(llii~RA 14i~k[~C'AZ
SL1RlT~4' ~iC),157, ~4IIS'#'ItAC~'i' fti'C). 221 7P1(; UAI7AI~UPr (:UCIsti7'1', 7'l"sJ*~iS, A1~TD I3~.if~1G /41.1. aF
TINT Cl~lt'1'Al; I (IO.f29 ACHE:}'f'IIAL'T(7C~ I.ttNl) A~ C()1~V1?Z'I±,D'F~7 hil(E3Ar1^ G. LAii~F~ ISl'
l?~C:II I1L'(:(]I1DE~.II Ii~N V~?1~[~ikii4~434, T'AGC; 3'J{? UIl TIII~ O~`~1C-1A1. It~COI~DS dF~
GU~1i]ALUPP C()l)NJfY,'1'TsJtiAS ANFI ItIIIvd A'IOltl PAII.`I'ICU~,AII;I.~i 1~);SC;IIIEEII I3Y 1~1?~'F~
Ai*I1? IIOIII~lI1S AS POi,LO«':+o
TfLG11~11QING al q ~" Il'o11 l'4el fund Ifl llT~ I~I~ritlLClist Tl~ht~ol-iti!i1y IilLC RI F,l~l. Higlit~my 3(1(19 at IILC ~~'esl
irDrlLGr OI`Il+at certalt ~I.0;7 ac~c} trtlct uI'land as can~~eyed EO i~~t~1111, LLC. by deed L'ecordeYl ill Vtllanie 12GA,
Pale S57 t+f ltlt< OCI7ciFII RC~I[I~ cTF CiUitCla~lltlG COIIILd~i, 'f'cltns, Sal7LC. bellL(a' IIn CT[t'fltYr aiLgle FtLTlSI~r IIE the riLF:.~I
kYe~lerly Sotathwcsl ct1777er tLi'tliflt CBflIIlli { I tJ.67.,9 II~rG) [L'AC[ OP Iaild R~ CtTnvi.~x.d to IL+iIG1i~i1JI L:. l..[Li75C ~~/ decd
rax?rdvd in ~'ohlrrLt: 234, Pagi: 349 of the Citric€al It,~oril, of GuculalL7pv CoulLly,'1°exlis anti Clio ]Host LVesleriy~
SQUlhwcst iromcr ant! 1'i~ACI: OP €3>aCl~l.i~1G uI'thti ILCrtiin dcsitrilLe[1 tc:+ct, frarn -Yrl7ic11 ~ t ~2" irou rod
I'auL7d ~t the SaLith cgrner oi's&id (1.Otb7 acre} Kcela iI, lnc, trtY6t, Sc~tLLC bCil7~ 1'ho'West ctLrilex~ pf Ill41t ccrtaiLL
(I.QOI acre;) tract of farad ss collvl;}'~x1 9V C..~nny 1.,. I3ase~ll an~[I I.t1LLL7y C..13aswell, Jr, by dcccl recerclril i1L
VolulnG 12e'S~.1'age 824 of l1Lt UC1ies~if RccUTtls of (iusLdalllpe Gnunly, Texas bears, ~ 3{] deg. Ot}'0~3" I: 1;14.54
!1_;
7')Fl>31tiCL w[t1L 1lLe i~I[,rtl[+~asl ri~~Lt~t7l'-way Iint b>=r,Afi. Higher°ay 3(109 aLLd n ~nLLl1L~ti~ext,:rly 11uc~oFsAid ~(1t3.629
Acre) LairLC Il•ac[, Iti' 29 deg. 53':1" W 1 #!A.,Fi~f ft, to a 1!'?" irnlL rind 1`omld with a plastic cell iiiilirinted ; "Slr~
~ngr." al illy ItLfrtit W,;st.crlt~TfvrtlLiine,41 t;rxrnc:r nfsaiil {1t1,[.2~3 acm) Lnii7e tract, ~a;inc bciugtheSoutlL corlsar ttif
I.ot 5,131t1~~c 1, isenCLtlur StLlatiiwisio,l, a sltlsdlc§si4LL ila Guaclalupt= ~~unY.y, Tt:]1aS, aC~t,ill"dlrll~ tD I.11L• i7LTlp ill" ILIat
thereat recarditt its VcrltlTile (a, Page &G9 of the Itlat It~nrtls tsf Gvltdalu0e Ci~lia4ty, TCXSl5 tllnl the mnal ~~esleriy
hi?[ih~viyl +x!ltlrc tLf the hcn;in dc~rilLed trncr;
711I?N4'C'. I~FYVing the 1~Larth>~sf rigtLt-ef way liuc aFl;,h~l, HlgiLw~ay hla. 3009, e4•itli silo Saiitheaat line oCLot 5,
Blau 1, IsailLOtlr Subdivasibl4, Bnlr7n laci7ig 711~tTrtiiw~sl ii1LC oi'sriicl (111.d?9 acre) Lalne Cract, tllc fallowin6 [~~,
t.y N fi3 tJrg, $7'~ti" R 2G8.94 It, to tL Ifs" irs~u rata foulLd i~~itll a ILlnhtic caP irTLlariTltecl "SLA, I?nsr,' ;
~.} I4t s+J tiog. 52'UO" >~ 50.15 It, to a 1#~" iraii rad fnuncl Lwi11L n 171nstic cap ii~7prilLCe+FI "SIA Lngr." al
ttLe l;,tist edrlrlr of Lat 5, Block 1, IselLli~IUr ~ITl7tlivl*~iolL, B;iItLC i?1CIt1~+ FILE 1Att?ri4r FilllslC Car[LCL't)CSIIid
{Ill.fs~9 IiCfs:] L.IIIIIC II#LL't iliitl Ti,L ll11CrtOr ffn~;lt: C5[lrliC'7' OrIILe Ile,'eili ilcscribetf tL~cl,
TIiLAiG`i; Wit11 tits I~UI•tiLCz151 lint! [LfT.ot 5 tlritl Lot 6, IJlack 1, ISCFLItour Subditi'isian, H Z9 dt'g. i~'I$"' ~~
'~,,dl,.~~ jrta 141 Ii 1~2" irai7 rud found with.R l?lII$#1C Cep Irllllrlllt~'ti "SIA L.il~;l'." i1L Iht' l~larl:IltlaR[ IiliB SMt~I.trl P, ~IOCIC
1, Isenhour SLibdivision, ~n»LC bviLig the SoLlth cartLee ILf tlt~t ccrt€Tin (0.3747 nt:ri<) tieLC[ nl`IIInt1 its oanvcyed to
FaL1StiLLO A'LflYCOtIILLt slid ~lai'La ~II,ArIC'Qt11lL by det:ti Tt%t'Urtii7tl In Valulne 2391, Fags 953 ~f the df'ficlal R~irds
afGuadalapc C:aunty, 'f'exlls, ~lst, being nn exterior angle c(l1~nu`r of's3-Itl {I.0.629 acre} I.aine [a~lc! aiLd an
exterior ali6le. C4rlTCr ui'tlie ITemi1L tlt~crillcd trttCl;
50362322.2
Restrictive CovenaLLt & Development Agreement -Merritt Lakeside Senior Village (Schertz, Texas} Page 7 of 10
YD~29 5 9 P60 ~ 7 3
TH~I\CE Iv1tlt tIE{: C9nini~7li I(It~(~r84trd (10.6Z') F141"o) C_alltc; [rtac3 ltti[I Said X0.27+17 acres \Iarrt~t]uin (I'dcl, the
Followilt~ tn~u (2) cotlrs+;.fi;
1.) ~( 53 tleg_ ~(I'3Q" ~'10.~51<. to a. t!2" iro11 cad fitulld 1H the Est cclrlaer of srdd (0..27~f7' acre)
lrlat~a~t)rrio, same being a ~~ lttteri0.r a1t,~le rctrnrr of said ~ 10.62 ucr4) Lilitlo Irate and oi~ interior eagle
corner of the I1ei~ti.it tlt<scribcd u:1Gt,
~,) ~ ZJ cteg. =19'3S" 1~' 15G.75 fl. (rr a L!2" Ir~r1 racl CotlntllVltll a ~Slastl4 ~111na1ti111ti;d'~'~lA F.1i~s-." iu
rite curving ~aratlt rigllt~cir-w'F1Y lists of llnr•gt'cht Road at the i~Tarlli~twl corner oCsail! (0.27? acre
twltlrrngniit U•aCt, cnrn~ being the rhos( Afoltherly csirtler said (1(1,G29 acra} l.xiiie tr tt~k :tud tltc angst
Nurtltar~y contcr ortlle Ilereila clcscrib~l rtncl;
TII~I"iC~ with the Sautft sigh!-o.r-wags litta or t3a1'gfold Itoatt acrd rite Nurkh Cinc of said (10,62? sure) 3.riiue
!coat the roliowitt~ t1u~ (3j Courses;
1,} altm~:~ cu1vC t0 tltc right with a radius ar 6fiCt.OQ fi. i'ar;ilt ate 1etlsth nl`210.3b tl, and ati~ltieh chard
lleRra, ~ 84 deb, 4U'I~t' R ~OJ.43 r(. tt1 a lI2'" ira11 rod Cbuad wish x pltistic cap intprilttetl "~lA Fsrt~r „
ai zt ltolnt ttftnttgtlacy;
~.) S 7d clef. 56'35" I'. _;42.2A fl. tc1 ~t 1121p trots rod 1`uund o pasin4 oFcurvattu•e;
3.) alurlg N cur5'c kU tltc left with n radius at"63(),t7p rk. for an are lengllt Uf 320.31 !t. also ti~~lticll chnrtt
bears, ~ ilB di~g, 57'4' ~:12~.67 It, to a 1!2" Cra» 1'crd I•aranrl lit. the arlori3tv:rst cctttter r~l'Lot 1, Lilock I,
13tt11tnlo l; lots, a aaltltltv]Slar1 iA Galnclallg7e (rOlltltjF, '1 ~xns, ao~1'dnt~ Ott tlllr It1Rl] [fir I)#FI'k tltCrtJ4r1Y0piY1+'4I
In Valtttrle 6, Page i 13 of the !'fat Rc'ri3a +trC~aardcllul~c (:aunty, Texas, sttlitc t*cln~ rlle rn®gi
Nartlte.'rsteely cnrlretctf said (1 D.f~2A acre) Dine tract marl tlti: Rr~t~sl Nortlte3stefly corder oT kltc lteteiil
cles~ribcxi kratt,
"I'Ii1~NCC~leaviit}1 Il1c $utlth right»al=tva}~ Ilnc vrl~at~Ccld Load vltii (itsCUtttntttu GnaoTlct( I,13lnek 1,
Bufrala slats turd sold (14}.b?9 acre) Lame tractt'l 3I ritg.lG'd5" 1~ 3~15.t~ 12. to a t r'3" irwt cad rvtutd ar t1tG
Sou(]t cprlaer err l.od C, block 1,13uClatt~ I'I~tts, $d4rt1C 6CFttg the n105! ~t1SLCd1~ cat'liarr orsaid [ I0.629 acre) !.aisle
track ztltd !lac most [a3tetly curtrt~r or Ih+_ hel'cin tlcscribed tract;
THEI`V1Ci~ vritlt n Souilt~~.tit !tire- prsiiltl ~1Q.G24 acre) L.~Cuc u~~:l, S GO tip, 11'06" H' 713.52 rt, to n brak~~i
ealta~ete itlydaal,itent at klte tnnst $otlthel•ly corder of sititl { I O.b29 acre) !.etas truck, yatttt: hciug tllc mast
SUAIhc+'1v corner clrtltc 11era31a descriLte4l tract;
THE.~GG witha 9aatilt~vefitcrly lilts ur:e€,irl {I#L.6?A acrd Loiltc trrtct, iA' 30 rleg. 02'3G" W .329.G1 n. to a lF2"
iron roc! round at the ttaast itctrlltrrly t:arncr ar said (I .U04 nrro$ Kecl~ 11, irtc, tract, saatle lteitll# nr0 irttcrior an.~lo
co3 ner of said (10.[29 .icrc) l;ttiut~ (racl and an iu(erir~lr an~lc cQrncr of Cite iaetcin cle~crit~l Ut1Cl;
'1'll~~'[:F? witlt 11tC 4a1u111ott 1i1tc of said (10.629 acre? Litiltc lracl ltnd sate] ~ I._b04 rtt'rt:) T~ccb fl, lac. (r:lcl, S S9
deg. 48'05°' ~~' 313.88 t1. ro thr i:LA~`E ~~ 11LC:Ii~lti ING anal co111iiiuittg 10.Ei37 aet•es of !natl.
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I~ektetia-ctl 1'r[~rhssslannl Y,aucl "s"urvc~~[fi' i\'v, 516G
Crce~nee 11191] na. ~, BSZtlSr
50362322.2
Restrictive Covenant & Development Agreement -Merritt Lakeside Senior Village (Schertz, 'Texas) Page 8 of 10
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50362322.2
Restrictive Covenant & Development Agreement -Merritt Lakeside Senior Village (Schertz, Texas) Page 9 of 10
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50362322.2
Restrictive Covenant & Development Agreement - Me3~ritt Lakeside Senior Village (Schertz, Texas) Page 10 of 10
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Go~~TY co\
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cour[~'{
This page has been added by the Guadalupe County Glerk's office to
comply with the statutory requitement that the clerk shall stamp the
recording information at the foot vf~the last page of the doc[~ment.
This page becomes a part of the document identified by ~vcument Number
~, ~ ~ - SOS affixed on the first page of fihls document.
Fit.ED FQR iiEE/OFZD
11 ~Ah~24 ~ 3 05
HTY C~.
STAT~O D~ApnLU~
COUNTY
} cer6Yy thin tn~ine stamped lhetean ofld
date and al ~ d In Iha Offldai Pub114
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aeaorda of Guadawpe ~ ~ - A
~a~Y Coy ~"" i5~
u° ~~' 7Eft~SAK1EL
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