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22018489 AGREEMENT Total Pages: 6 <br />Filed and Recorded: 4/14/22 9:45 AM <br />RESTRICTIVE COVENANT AGREEMENT <br />This Restrictive Covenant Agreement (this "Agreement") is made and entered into as <br />of April 1, 2022, by and between James Sims lli (the "Owner"), and the City of San Marcos, <br />Texas (the "City"). <br />RECITALS: <br />A. Owner is the owner of a tract of land totaling approximately 50.320 acres situated <br />in Hays County, Texas, more particularly described in Exhibit "A", attached hereto (the <br />"Property") <br />B. Owner and the City desire to subject the Property to the terms of this Agreement. <br />NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), <br />and other good and valuable consideration, the receipt and sufficiency of which the parties hereby <br />acknowledge, the Owner and the City do hereby agree as follows: <br />1. Establishment of Restrictive Covenant. The Parties hereto agree and <br />acknowledge that the Property shall be held, sold, transferred, conveyed and occupied subject to <br />the following restrictive covenants: <br />a. There shall be a 15 -foot wide open space buffer (where no building shall be <br />placed) indicated on the subdivision plat between development on the Property and the <br />adjacent cemetery. <br />b. A plat note indicating the requirement of a 15 -foot wide open space buffer <br />(where no building shall be placed) and the construction of an eight -foot -high privacy wall <br />between the CD -3 zoned development and the adjacent cemetery will be required. A <br />permit for the privacy wall and construction of the eight -foot -high privacy wall, at the <br />owner's expense shall be completed prior to the recordation of the final subdivision plat. <br />2. No Consent Required. The Owner and the City each hereby represent and warrant <br />to the other that they have full requisite power and authority to enter into this Agreement without <br />the joinder or further consent of any other party, including without limitation that of any lender, <br />lienholder or tenant, and that this Agreement will not be subordinate to any existing lien or other <br />monetary encumbrance. <br />3. Remedies. The City may pursue any remedies available at law or in equity to <br />enforce the provisions of this Agreement, including the recovery of reasonable attorney's fees and <br />court costs. <br />4. No Waiver. The failure of the City or Owner to avail itself of any of the <br />privileges, rights, covenants, agreements, terms and conditions of this Agreement for any <br />period of time or at any time shall not be construed or deemed to be a waiver thereof, and <br />nothing herein contained, nor anything done or omitted to be done by the City or Owner <br />