Deeded Access History & Information

The Park Property

Entire Park - “Lot 4, CEBAR RANCH LAKEVIEW ACRES, a subdivision in Travis County, Texas as shown on map or plat of record in Volume 5, Page 43, Real Property Records of Travis County, Texas”

The “Western 303” ft, upon which certain rights were granted at a later point, to be discussed in detail below.

Definitions:

For purposes of this document, the following definitions shall apply:

The “Property” shall mean and refer to Lot 4, CEBAR RANCH LAKEVIEW ACRES, a subdivision in Travis County, Texas as shown on map or plat of record in Volume 5, Page 43, Real Property Records of Travis County, Texas.

The “Park” shall mean and refer to the Westernmost 303 feet of Lot 4, CeBar Ranch, Lakeview Acres, a subdivision in Travis County, Texas, according to the map or plat thereof of record in Plat Book 5, Page 43, of the Plat Records of Travis County, Texas, together with all improvements thereof situated.

TIMELINE: Summary of the Dedicatory Instruments and other Records

Prior to 1959

The Property was owned by Austin Lake Estates, Inc. (“ALE”).

1958, December 15

ALE grants easement to owners of lots in Austin Lake Estates Section 1 (the “ALE Section 1 Easement”) to use a portion of the Property (described as the “portion of the Property fronting on Lake Austin and extending back from the lake to a point fifty feet North of the J.F. Clark easement line as reflected by Volume 275, Page 80, of the Deed Records of Travis County, Texas) for a picnic and park grounds, swimming and for launching and landing boats.

The easement also granted the lot owners an easement of ingress and egress over existing roads built over the Property for the purpose of going to and from the portion subject to the recreation easement for the uses authorized. The easement further provided that the easement holders have no right to erect or maintain any structure of any kind or character on the Property. In addition, ALE reserved the right to erect such buildings, improvements and facilities as it desires or to lease such property for such purposes. Finally, the easement provided that the easement holders use of the Property shall at all times be reasonable and the rights of others be honored and respected, and that ALE or its successors shall have the right to promulgate and enforce reasonable rules and regulations as to the use of the Property by the easement holders. The ALE Section 1 Easement is recorded at Volume 1992, Page 49 , of the Deed Records of Travis County, Texas, and Austin Lakes Estates Section 1 refers to the plat recorded at Book 9, Page 34 of the Plat Records of Travis County, Texas.

1959, March 9

ALE grants identical easement to owners of lots in Austin Lakes Estates Section 2 (the “ALE Section 2 Easement”). The ALE Section 2 Easement is recorded at Volume 2015, Page 248 , of the Deed Records of Travis County, Texas, and Austin Lakes Estates Section 2 refers to the plat recorded at Book 9, Page 82 , of the Plat Records of Travis County, Texas.

1959, June 5

ALE grants identical easement to owners of lots in Austin Lakes Estates Section 3 (the “ALE Section 3 Easement”). The ALE Section 1 Easement is recorded at Volume 2104, Page 305 , of the Deed Records of Travis County, Texas, and Austin Lakes Estates Section 1 refers to the plat recorded at Book 9, Page 133 , of the Plat Records of Travis County, Texas.

1959, October

ALE conveyed the Property to Austin Lake Estates Recreation Club, Inc. (“ALERC”). No copy of a deed of conveyance for this transaction was found by title company, but such conveyance was reported in the Austin Lake Estates Recreation Club, Inc. v. Gilliam, 493 S.W.2d 343 (Austin 1973 writ ref’d) (hereinafter, the “ALERC Lawsuit”). According to such appellate opinion,

In October of 1959, the club acquired by deed from Austin Lake Estates, Inc., title to the property in question, Lot No. 4 in Cebar Ranch, Lakeview Acres, which is situated on the shore of Lake Austin, and upon which a clubhouse and other improvements were built. This conveyance was subject to all ‘rights and privileges’ of the owners of lots in Austin Lake Estates, Section one, two and three, and Austin Lake Estates, Inc., grantor, reserved the right to grant the same ‘rights and privileges’ to all future lot purchasers out of those existing subdivisions and future subdivisions in an adjoining 826.16 acres. The deed to the club was also subject to those easements of record previously granted Austin Lake Estates, Inc., by Charles A. Duffy and wife, Edna J. Duffy, and their predecessors in title.

1969, June 23

ALERC records a resolution of its Board of Directors stating that that the Park (being the westernmost 303 feet of Lot 4, CeBar Ranch, Lakeview Acres, a subdivision in Travis County, Texas, according to the map or plat thereof of record in Plat Book 5, Page 43, of the Plat Records of Travis County, Texas, together with all improvements thereof situated) is to be conveyed into a trust for the benefit of the owners of lots in Austin Lake Estates, Sections 1, 2, and 3 and for all future purchasers of lots hereafter subdivided out of the original 826.16 acre tract adjoining such subdivisions (the “1969 Trust Resolution”). The resolution further authorizes the corporation’s VP, Robert Gilliam to execute a quit claim deed to trustees Emmett Fry, Charles Petterson, Dillard Vickers, and Farley as trustees. Although no copy of the deed was provided by the title company, the quit claim deed was the subject of the ALERC Lawsuit filed in 1969 by ALERC against Robert Gilliam (referenced above), the person who executed the quit claim deed, to have such deed declared invalid (which the trial court ruled was valid). The 1969 Trust Resolution is recorded at Volume 3700, Page 1544 , of the Deed Records of Travis County, Texas.

1973, April 4

Austin Court of Appeals renders opinion in the ALERC Lawsuit affirming the trial court’s judgment that upheld the 1969 quit claim deed and conformed the legal description to exclude any buildings inadvertently included in the “westernmost 303 feet” of the Property. See Austin Lake Estates Recreation Club, Inc. v. Gilliam, 493 S.W.2d 343 (Austin 1973-writ ref’d) .

1985, June 26

ALERC executes a warranty deed to Lake Hills Community Association, Inc. (“Lake Hills”) that purports to convey all of the Property (without regard to the earlier conveyance of the Park). Such warranty deed is recorded at Volume 9258, Page 788 , of the Real Property Records of Travis County, Texas.

2003, September 17

By deed without warranty, Charles Petterson, one of the 4 trustees, of the Park conveyed the Park to Dennis R. Haire. Such deed is recorded at Document No. 2003266964 in the Official Public Records of Travis County, Texas.

2006, March 13

By deed without warranty, Dennis Haire conveyed the Park to Dennis R. Haire, Trustee; R. Gordon Bond, Trustee; and Timothy R. Nolan, Trustee. Such deed is recorded at Document No. 2006047304 in the Official Public Records of Travis County, Texas.

2007, February 3

By deed without warranty, Dennis R. Haire, individually and as Trustee; R. Gordon Bond, Trustee; and Timothy R. Nolan, Trustee conveyed the Park to Lake Hills. Such deed is recorded at Document No. 2007022788 in the Official Public Records of Travis County, Texas.

Additionally, on the same day and in a separate document, Dennis R. Haire, Trustee; R. Gordon Bond, Trustee; and Timothy R. Nolan, Trustee, record a written document entitled “Restatement of Easement and Access Rights and Removal of Cloud on Title.” Such deed is recorded at Document No. 2007022789 in the Official Public Records of Travis County, Texas.

Analysis of Dedicatory Instruments and other Records

Although it appears that the portion of the Property referred to as the Park was carved out and conveyed to the trustees in 1969 and the rest of the Property was conveyed to the Association in 1985, as a result of the 2007 deed by Dennis Haire, R. Gordon Bond, and Timothy, both portions of the property are now owned by the Association. Accordingly, the Association owns the entire Property, including the portion of the Property referred to as the Park.

It is also clear that a portion of the Property is subject to certain easement rights vested in the owners of lots in Austin Lake Estates Sections 1, 2, and 3. 1 The portion of the Property subject to such easement rights, however, is not exactly clear. 2 The recorded easements describe the portion of the Property subject to such easement rights (the “Easement Area”) as the portion of the Property fronting on Lake Austin and extending back from the lake to a point fifty feet North of the J.F. Clark easement line as reflected by Volume 275, Page 80 , of the Deed Records of Travis County, Texas. In order to determine the exact portion of the Property consisting of the “Easement Area,” a copy of such deed must be obtained and a survey showing the location of such easement should be prepared by a surveyor.

The easement rights granted to the owners of lots in Austin Lake Estates Sections 1, 2, and 3 pursuant to the recorded easements are as follows:-

  • the right to use the Easement Area for a picnic and park grounds, swimming and for launching and landing boats; and

  • the right to cross over existing roads built over the Property for the purpose of accessing the Easement Area.

Notwithstanding such easement rights, the exercise of such easement rights must be reasonable and respectful of the rights of others and such easement rights are subject to the Association’s right to promulgate and enforce reasonable rules and regulations as to the use of the Property by the owners of lots in Austin Lake Estates Sections 1, 2, and 3.

In addition, the recorded easement documents further provide that the owners entitled to the use of the easement rights have no right to erect or maintain any structures of any kind or character on the Property.

While the recorded easement rights have only been granted to the owners of lots in Austin Lake Estates Sections 1, 2, and 3, according to the ALERC lawsuit, when ALE conveyed Lot No. 4 to ALERC in 1959, ALE reserved the right to grant similar easement rights to all future lot purchasers out of those existing subdivisions and future subdivisions in an adjoining 826.16 acres. The title report did not identify any additional easement documents by which ALERC or any of its assigns have granted additional easement rights to any other lot owners.