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22041505 AGREEMENT Total Pa S: 9 <br />Filed and Recorded: 8130/22 9:30 Ail <br />RESTRICTIVE COVENANT AGREEMENT <br />THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and <br />entered into as of the -�`=- day of August, 2022, by and between Harris Hill Commercial <br />Land Holdings, Ltd., (the "Owner"), and the City of San Marcos, Texas (the "City"). <br />RECITALS: <br />A. Owner is the owner of a tract of land totaling approximately 52.51 acres situated in <br />Bays County, Texas, more particularly described in Exhibit "A", attached hereto (the <br />"Property"). <br />B. Over and the City desire to subject the Property to the terms of this Declaration. <br />NOW, THEREFORE, in consideration of the sura 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 />I. 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. The following are prohibited - <br />Waste -Related Service Use CategorY - Characterized by uses that receive <br />solid or liquid wastes from others for transfer to another location and uses that <br />collect sanitary wastes or that manufacture or produce goods or energy from <br />the composting of organic material. Waste related service includes the <br />following uses. <br />a. Animal waste processing. <br />b. Landfill. <br />c. Manufacture and production of goods from composting organic <br />material. <br />d. Outdoor collection and storage of recyclable material. <br />e. Scrap Materials (indoor storage). <br />f. Solid or liquid waste transfer station, waste incineration. <br />ii. Vehicle Service Use Category - Repair and service to passenger vehicles, <br />light and medium trucks and other consumer motor vehicles such as <br />motorcycles, boats and recreational vehicles. Vehicle service includes the <br />following uses. <br />a. Car Wash. <br />b. Vehicle Repair (minor). <br />C. Vehicle Repair (major). <br />