Ord 2020-051/amending the Official Zoning Map of the City by rezoning approximately 80 acres of land located at 2519 Redwood Road, from “FD” Future Development District to “SF-6” Single Family-6 District

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20042587 DECLARATION Total Pages: 6 Filed and Recorded: 09/24/2020 03:38:14 PM DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenant (this "Declaration") is made by SMITHCO REDWOOD, LLC, a Texas limited liability company ("Declarant"). RECITALS A. Declarant is the owner of that certain tract or parcel of real property located in Hays County, Texas, as more particularly described on Exhibit A attached hereto (the "Property"). B. Declarant desires to subject the Property to the terms of this Declaration. NOW THEREFORE, Declarant does hereby impose upon the Property the following restrictive covenant: 1. Establishment of Restrictive Covenant. Declarant hereby declares that the Property shall be held, sold, transferred, conveyed and occupied subject to the following restrictive covenant: In no case shall the garage be the front most protrusion of the house, but it may be flush. For the purposes of this condition, a front porch is considered a protrusion of the house. Where garages extend past the front facade of the home, the front entry door shall be flush with the facade, and/or not set back as to cause a recessed entry. 2. Binding Effect. All provisions of this Declaration, including the benefits and burdens, shall run with the land and be binding upon on Declarant, its successors and assigns, and on all parties having or acquiring any right, title and interest in the Property. 3. Severability. If any of the covenants, conditions or terms of this Declaration shall be found void or unenforceable for whatever reason by any court of law or of equity, then every other covenant, condition or term herein set forth shall remain valid and binding provided that in such event the parties hereto and all of the then owners of the Property shall, to the fullest extent possible, modify such covenant, condition or term to the extent required to carry out the general intention of this Declaration and to import validity to such covenant, condition or term. [signature page forrouys]