FIFTH AMENDMENT TO RESTRICTIVE COVENANT FOR ZONING …
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FIFTH AMENDMENT TO RESTRICTIVE COVENANT FOR ZONING CASE: C14-72-204 (RCA5) OWNER OF TRACT ONE: NRE Town Lake Property Owner, LLC, a Delaware limited liability company OWNER OF TRACT TWO: Ballpark Austin, LLC, a Delaware limited liability company OWNER OF TRACT THREE: NRE Zone, LLC, a Delaware limited liability company OWNER OF TRACT FOUR: BP Riverside West, LLC, a Delaware limited liability company OWNER OF TRACT FIVE: NRE Edge, LLC, a Delaware limited liability company OWNER ADDRESS (TRACTS ONE and TWO): 1801 Century Park West, 5 th Floor Los Angeles, CA 90067 OWNER ADDRESS (TRACTS THREE – FIVE): 3100 McKinnon Street, Suite 250 Dallas, Texas 75201 CITY: The City of Austin, a home-rule city, municipal corporation and political subdivision of the State of Texas, in Travis County, Texas. CITY COUNCIL: The City Council of the City of Austin. CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the City of Austin to the Owner, the receipt and sufficiency of which is acknowledged. WHEREAS, Capitol National Bank in Austin, Trustee, Dickson Properties, Inc., Roberta Dickson, Mark Eight Associates, a Texas limited partnership, and Austin Country Club Estates, a Texas limited partnership, as owners of all that certain property consisting of approximately 497 acres of land more particularly described in Zoning Case No. C14-72-204 (the “Original Property”) entered into that certain Restrictive Covenant, dated as of January 31, 1975, and recorded in the Real Property Records of Travis County, Texas, on July 24, 1975, in Volume 5234, Page 2079, said restrictive covenant has been amended as follows: 1. The Amendment of Restrictive Covenant was filed of record in Volume 8506, Page 96, of the Real Property Records of Travis County, Texas; and, 2. The Amendment of Restrictive Covenant was filed of record in Volume 12783, Page 599, of the Real Property Records of Travis County, Texas; and, 3. The Second Amendment of Restrictive Covenant was filed of record in Volume 12969, Page 2837, of the Real Property Records of Travis County, Texas; and,
Transcript of FIFTH AMENDMENT TO RESTRICTIVE COVENANT FOR ZONING …
FIFTH AMENDMENT TO RESTRICTIVE COVENANT
FOR ZONING CASE: C14-72-204 (RCA5)
OWNER OF TRACT ONE: NRE Town Lake Property Owner, LLC, a Delaware limited
liability company
OWNER OF TRACT TWO: Ballpark Austin, LLC, a Delaware limited liability company
OWNER OF TRACT THREE: NRE Zone, LLC, a Delaware limited liability company
OWNER OF TRACT FOUR: BP Riverside West, LLC, a Delaware limited liability company
OWNER OF TRACT FIVE: NRE Edge, LLC, a Delaware limited liability company
OWNER ADDRESS (TRACTS ONE and TWO): 1801 Century Park West, 5th Floor
Los Angeles, CA 90067
OWNER ADDRESS (TRACTS THREE – FIVE): 3100 McKinnon Street, Suite 250
Dallas, Texas 75201
CITY: The City of Austin, a home-rule city, municipal corporation and
political subdivision of the State of Texas, in Travis County,
Texas. CITY COUNCIL: The City Council of the City of Austin. CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable
consideration paid by the City of Austin to the Owner, the receipt
and sufficiency of which is acknowledged.
WHEREAS, Capitol National Bank in Austin, Trustee, Dickson Properties, Inc., Roberta
Dickson, Mark Eight Associates, a Texas limited partnership, and Austin Country Club Estates, a
Texas limited partnership, as owners of all that certain property consisting of approximately 497
acres of land more particularly described in Zoning Case No. C14-72-204 (the “Original
Property”) entered into that certain Restrictive Covenant, dated as of January 31, 1975, and
recorded in the Real Property Records of Travis County, Texas, on July 24, 1975, in Volume
5234, Page 2079, said restrictive covenant has been amended as follows:
1. The Amendment of Restrictive Covenant was filed of record in Volume 8506, Page
96, of the Real Property Records of Travis County, Texas; and,
2. The Amendment of Restrictive Covenant was filed of record in Volume 12783, Page
599, of the Real Property Records of Travis County, Texas; and,
3. The Second Amendment of Restrictive Covenant was filed of record in Volume
12969, Page 2837, of the Real Property Records of Travis County, Texas; and,
riveraa
Text Box
Item 111 PAZ
4. The Third Amendment of Restrictive Covenant was filed of record in Volume 13080,
Page 2185, of the Real Property Records of Travis County; and,
5. The Fourth Amendment of Restrictive Covenant was filed of record in Document No.
2002137171, of the Real Property Records of Travis County; and,
6. The Amendment to Agreement of Covenants and Restrictions was filed of record in
Document No. 2008069653, of the Real Property Records of Travis County; and,
7. The Second Amendment of Restrictive Covenant was filed of record in Document
No. 2015032881 of the Real Property Records of Travis County, (cumulatively
referred to as the “Restrictive Covenant”)
WHEREAS, the Restrictive Covenant provides that the covenant can be modified,
amended, or terminated by joint action of both a majority of the members of the City Council and
the Owner of the Property at the time of such modification, amendment or termination; and
WHEREAS, NRE Town Lake Property Owner, LLC; Ballpark Austin, LLC; NRE Zone,
LLC; BP Riverside West, LLC; and NRE Edge, LLC, as current owners (the “Owner”) of the
Property on the date of this Fifth Amendment to Restrictive Covenant (“Amendment”), desire to
amend the Restrictive Covenant to release approximately 97.09 acres of land, a portion of the
Original Property, more particularly described in Exhibits “A”, “B”, and “C” attached hereto
and made a part hereof, and generally identified in the map attached as Exhibit “D” (the
“Released Property”); and
WHEREAS, the City Council agrees the Restrictive Covenant should be amended to
release the Released Property.
NOW, THEREFORE, for and in consideration of the premises and mutual promises,
covenants, and agreement hereinafter set forth, the City and the Owner agree as follows:
1. The Restrictive Covenant is amended as of the date hereof to release the Released Property
from the terms and provisions of the Restrictive Covenant.
2. Except as expressly provided for in this Amendment, each and every one of the terms,
conditions, and provisions of the Restrictive Covenant, as set forth in the Restrictive
Covenant, shall continue in full force and effect on and after the effective date of this
Amendment.
3. The City Manager, or his designee, shall execute on behalf of the City, this Amendment as
authorized by the City Council of the City of Austin. The Amendment shall be filed in the
Official Public Records of Travis County, Texas.
EXECUTED this the ________day of ________________________________________, 2019.
Owner (Tract One):
NRE Town Lake Property Owner, LLC, a Delaware limited
liability company
By: NRE Town Lake Investors, LLC, a Delaware limited
liability company, its sole member
By: NRE Town Lake, LLC, a Delaware limited liability
company, its Managing Member
By: _______________________________
Name:__________________________
Title: _________________________
Owner (Tract Two):
Ballpark Austin, LLC, a Delaware limited liability
company
By: Nimes Stuho Ballpark Investors, LLC, a Delaware limited
liability company, its managing member
By: NRE Ballpark, LLC, a Delaware limited liability
company, its managing member
By: _______________________________
Name:_________________________
Title: _________________________
Owner (Tract Three):
NRE Zone, LLC, a Delaware limited liability company
By: BP Student Holdings, LLC, a Delaware limited liability
company
By: ________________________
Name:___________________
Title: ____________________
Owner (Tract Four):
BP Riverside West, LLC, a Delaware limited liability company
By: BP Student Holdings, LLC, a Delaware limited liability
company
By: ________________________
Name:___________________
Title: ____________________
Owner (Tract Five):
NRE Edge, LLC, a Delaware limited liability company
By: BP Student Holdings, LLC, a Delaware limited liability
company
By: ________________________
Name:___________________
Title: ____________________
CITY OF AUSTIN:
By: _______________________________
J. Rodney Gonzales
Assistant City Manager
City of Austin
APPROVED AS TO FORM:
Assistant City Attorney
City of Austin
THE STATE OF CALIFORNIA §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this the day of ____________2019,
by __________________________(name of signer), _______________________(title of signer) of
NRE Town Lake, LLC, a Delaware limited liability company, managing member of NRE Town
Lake Investors, LLC, a Delaware limited liability company, sole member of NRE Town Lake
Property Owner, LLC, a Delaware limited liability company, on behalf of said company.
_______________________________________
Notary Public, State of California
THE STATE OF CALIFORNIA §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this the day of ____________2019,
by __________________________(name of signer), _______________________(title of signer) of
NRE Ballpark, LLC, a Delaware limited liability company, managing member of Nimes Stuho
Ballpark Investors, LLC, a Delaware limited liability company, managing member of Ballpark
Austin, LLC, a Delaware limited liability company, on behalf of said company.
_______________________________________
Notary Public, State of California
THE STATE OF TEXAS §
COUNTY OF ______________ §
This instrument was acknowledged before me on this the ______ day of
_________________, 2019, by _________________ (Name), as __________________(Title) of
BP Student Holdings, LLC, a Delaware limited liability company, as sole member of NRE Zone,
LLC, a Delaware limited liability company, on behalf of said company.
__________________________________
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF ______________ §
This instrument was acknowledged before me on this the ______ day of
_________________, 2019, by _________________ (Name), as __________________ (Title) of
BP Student Holdings, LLC, a Delaware limited liability company, as sole member of BP
Riverside West, LLC, a Delaware limited liability company, on behalf of said company.
__________________________________
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF ______________ §
This instrument was acknowledged before me on this the ______ day of
_________________, 2019, by _________________ (Name), as __________________ (Title) of
BP Student Holdings, LLC, a Delaware limited liability company, as sole member of NRE Edge,
LLC, a Delaware limited liability company, on behalf of said company.
__________________________________
Notary Public, State of Texas
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
This instrument was acknowledged before me on this the ______ day of
_________________, 2019, by J. Rodney Gonzales, as Assistant City Manager of the City of
Austin, a municipal corporation, on behalf of said municipal corporation.
__________________________________
Notary Public, State of Texas
After Recording, Please Return to:
City of Austin
Department of Law
P. O. Box 1088
Austin, Texas 78767-1088
Attention: C. Curtis, Paralegal
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C14-2012-0111
C14-72-204
NPA-2011-0021.02NPA-2012-0021.02
C14-05-0112
C14-05-0113
C814-06-0109
C14-05-0113.01
C14-97-0010
C14-02-0047
C14-00-2044
C14-2016-0115
C14-06-0138
C14-05-0113.04
C14-02-0055
C14-2014-0099
C14-99-2115
C14-02-0022
C14-95-0069
C14-99-0102
C14-05-0113
C14-2018-0064
C14-72-204(RCA2)
C14-2018-0065
C14-96-0097
C14-72-204(RCA3)
C14-93-0140
C14-00-2231
C14-2018-0088
C14-97-0044(RCT)
C814-2008-0087
C14-05-0112.02
C14-95-0168
C14-94-0170
C14-05-0112.03
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APTS
UNDEV
r86-156
r86-196
r86-232
VAC
84-9871-42
94-34
87-27
73-27
94-0112
(VOID)
72-204
65-158
67-150
81-169
71-260
72-327
76-029
86-224
78-223
05-0112.02
00-2044
97-0010
02-0047 96-0047
96-0097
94-0170
97-004400-2231
06-0138
94-0071
p86-028
APT.
SP-85-53
C814-74-008
RZ-85-015
C814-83-0101
72-204(RCA)
P83-87
P83-72
P82-91
P81-071
750814-B
96-0406C
SP-96-0242C
SP-05-1260C
SP-03-0132C
SP-03-0494C
SP-95-0321C
SP-95-0129C
SP-93-0509C
SP-00-2260C
SP-98-0253C
RZ85-065
SP-01-0481CS
CP72-29
83-163RC
SP97-0251C
SP95-0133C
SP96-0159C
SP88-0360C
SP88-092C
APTS.
SP-OO-2260C
STATIONRETAIL CENTER
OFFC.
PUBLIC
GAS/CONV.
VACANT BLDGS.
SP-99-0287C
AUTO SALES
BUSINESS
BOAT LAUNCH
RZ85-093
SHOPPING CENTER
DEVELOPED WITH TOWNHOUSES
MAINTENANCE
PARK
VACANT
r85-320
APARTMENTS
SUPERMARKET
COMPLEX
GAS
C14P-84-103
FAST FOOD
APARTMENTS
94-0112
UNDEV 750814-B
APARTMENTS
94-0071
72-204
SP-96-0242C
APARTMENTS
FAST FOOD
APARTMENTS
APARTMENTS
94-0112
72-204
APARTMENTS
GAS
65-158
02-0047
83-163RC
72-204
72-204APARTMENTS
72-204
P83-72
APAR
TMEN
TS
72-204
APTS.
72-204
72-204
00-2044
72-204
72-204
72-204
72-204
78-223
750814-B
APARTMENTS
APARTMENTS
Restrictive Covenant Amendment
± This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only theapproximate relative location of property boundaries.This product has been produced by CTM for the sole purpose of geographic reference. No warranty is madeby the City of Austin regarding specific accuracy or completeness.
CASE#: C14-72-204(RCA5)SUBJECT TRACT
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!! PENDING CASEZONING BOUNDARY
1 " = 600 'Created: 8/5/2019
