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22049033 AGREEMENT Total Pages: 8 $ <br /> Filed and Reoorded: 10/19/22 11:04 AM r <br /> RESTRICTIVE COVENANT AGREEMENT <br /> p <br /> THIS RESTRICTIVE COVENANT AGREEMENT (this "Agreement") is made and <br /> entered into as of the l Q 4'1*k day of August, 2022, by and between San Marcos <br /> Hampton LLC, a Texas limited liability company(the"Owner"),and the City of San Marcos, <br /> Texas(the"City"). <br /> a <br /> RECITALS: <br /> A. Owner is the owner of atract of land totaling approximately 37.674 acres situated <br /> in Hays County, Texas, more particularly described in Exhibit "A", attached hereto (the <br /> "Property"). <br /> P <br /> B. Owner and the City desire to subject the Property to the terms of this Agreement. <br /> 5 <br /> NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($1.0.00), <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 Relating to Waste Related Services. <br /> The Parties hereto agree and acknowledge that the Property shall be held, sold, transferred, <br /> conveyed and occupied subject to the following restrictive covenant: For so long as the Property <br /> is zoned "HI" Heavy Industrial, "Ll" Light Industrial or "HC" Heavy Commercial, it shall be <br /> prohibited to use the Property for Waste-Related Services as defined in the two succeeding <br /> sentences. For purposes of this Agreement the term "Waste Related Services" means <br /> characterized by uses that receive solid or liquid wastes from others for transfer to another <br /> location and uses that collect sanitary wastes or that manufacture or produce goods or energy <br /> from the composting of organic material. Waste related service includes the following uses: <br /> 1. Animal waste processing. <br /> 2. Landfill. <br /> 3. Manufacture and production of goods from composting organic material. <br /> 4. Outdoor collection and storage of recyclable material. <br /> 5. Scrap Materials (indoor storage). : <br /> 6. Solid or liquid waste transfer station,waste incineration. <br /> 2. Establishment of Restrictive Covenant Relating to Noise. The Parties hereto x <br /> agree and acknowledge that the Property shall be held, sold,transferred, conveyed and occupied <br /> subject to the following restrictive covenant: No activity on the Property shall produce sound: <br /> 1. In excess of 85 decibels between the hours of 10:00 a.m. and 10:00 p.m. <br /> 33739508v.1 <br /> 3 <br /> It <br />