Res 1999-216 - Laserfiche WebLink

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estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.!. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District Court, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub. nom. U.S. v. State of Texas and J. W. Edgar. et aI., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den. 404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above-described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both such restrictions. It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by the grantee named herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose.