Ord 2022-045/amending the Official Zoning Map of the City in Case No. ZC-22-24, by rezoning approximately 136.912 acres of land located at 900 Francis Harris Lane, one mile South of the Francis Harris Lane and South Old Bastrop Highway

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NOTICE AND RESTRICTIVE COVENANT AGREEMENT THIS NOTICE AND RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2022, by and between Highlander Real Estate Partners, LLC, (the "Owner"), and the City of San Marcos, Texas (the "City"). RECITALS: A. Owner is the owner of a tract of land totaling approximately 136.912 acres situated in Hays County, Texas, more particularly described in Exhibit 'A", attached hereto (the "Property"). B. Owner desires to develop the Property for single-family residential housing. C. The Property is adjacent to certain real property owned by Hays Energy, LLC, which sites a combined cycle natural gas power plant that produces electric power (the "Power Plant"), and, consistent with typical plant operations, the Power Plant emits noise and lighting that could be considered disruptive to residential homeowners in proximity to the Power Plant. D. Owner and the City desire to subject the Property to the terms of this Agreement. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the Owner and the City do hereby agree as follows: 1. Notice and Restrictive Covenant. The Parties hereto agree and acknowledge that the Property shall be held, sold, transferred, conveyed and occupied subject to the following notice and restrictive covenants: a) Notice. That the Property is located in proximity to a combined cycle natural gas power plant, and, that the purchaser of lots and those residing therein may experience any of the following as a result of Power Plant operations, even if such operations are in full compliance with the City of San Marcos zoning and ordinances and all applicable permits issued by the Texas Commission on Environmental Quality (TCEQ): ■ Noise; and ■ Industrial lighting. b) Restrictive Covenants. The Owner of the Property shall: i) establish Home Owners Association guidelines which shall require that all residences constructed within 1,500 linear feet from the closest Power Plant vertical structure, in existence on the date of the execution of this Agreement, provide masonry on any fagade facing the Power Plant;