AMENDED, CONSOLIDATED AND RESTATED DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTIONS I, I-A, II AND III
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF HAYS AND TRAVIS
WHEREAS, SADDLETREE RANCHES, INC., a Texas corporation was the initial declarant (“Declarant”) and owner of all of that certain real property located in Travis County and Hays County, Texas, described as follows:
SADDLETREE RANCH, SECTION I, a subdivision of record in Plat Book 3, Pages 105-106, Plat Records of Hays County, Texas (“Section I”); SADDLETREE RANCH, SECTION I-A, a subdivision of record in Plat Book 3, Page 125, Plat Records of Hays County, Texas (“Section I-A”); SADDLETREE RANCH, SECTION II, a subdivision of record in Plat Book 3, Pages 153-160, Plat Records of Hays County, Texas (“Section II”); and SADDLETREE RANCH, SECTION III, a subdivision of record in Plat Book 3, Pages 299-306, Plat Records of Hays County, Texas and Plat Book 85, Pages 142 A-D and 143 A-D, Plat Records of Travis County, Texas (“Section III”); Section I, Section I-A, Section II and Section III are collectively hereinafter referred to as the “Property”. WHEREAS, Declarant filed of record the following restrictions, covenants and easements against the Property:
(i) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION I in Volume 452, Page 681, Real Property Records of Hays County, Texas (“Section I Restrictions”);
(ii) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION I-A in Volume 458, Page 447, Real Property Records of Hays County, Texas (“Section I-A Restrictions”);
(iii) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION II in Volume 468, Page 1, Real Property Records of Hays County, Texas (“Section II Restrictions”);
(iv) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION III in Volume 519, Page 436, Real Property Records of Hays County, Texas, and Volume 9152, Page 457, Real Property Records of Travis County, Texas (“Section III Restrictions”); and
(v) AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH, SECTIONS I, I-A, II, and III in Volume 976, Page 758, Official Public Records of Hays County, Texas (the “Amendment”); Section I Restrictions, Section I-A Restrictions, Section II Restrictions, Section III.
Restrictions and the Amendment are collectively hereinafter referred to as the “Original Restrictions”; and WHEREAS, Declarant has relinquished control of the Property to the owners of the lots within the Property; and the undersigned is the representative of the present owners of three- fourths (3/4ths) of the acreage within each Section of Saddletree Ranches and desires to amend, consolidate and restate the Original Restrictions pursuant to the provisions of the Original Restrictions in this AMENDED, CONSOLIDATED AND RESTATED DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTIONS I, I-A, II AND III (the “Declaration”). NOW, THEREFORE, it is declared (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed. This Declaration, hereby amends, corrects and restates the Original Restrictions in their entirety. The Property shall hereinafter be referred to and known as “SADDLETREE RANCH”, which shall hereafter be subject to the following: