70 2011 00011914 Midland County Cheryl Becker County Clerk Instrument Number: 2011-11914 Midland County Clerk Unofficial Midland, Texas 79702 Recorded On: June 21, As Recording after Aug 2005 omment: DEC MILTON LARY MIKE JACK Recording after Aug 2005 68.00 Total Recording: 68.00 (Parties listed above are for Clerks reference only) County Clerk Unofficial Copy Billable Pages: 14 Number of Pages: 15 SY Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Document Number: 2011-11914 Receipt Number: 342121 Recorded Date/Time: June 21, 2011 COUNT User / Station: S Hall CLERKO 103 COUNT Y OF County Clerk Unofficial Copy Texas County of Midland Station 4 Record and Return To: M JACKSON CONSTRUCTION INC 4910 NORTH MIDKIFF MIDLAND TX 79705 Midland County Clerk Unofficial Copy I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was dub RECORDED in named RECORDS of Midland County, Texas as stamped hereon.
Cheryl Backen County Clerk Midland County, Texas Midland County Clerk Unofficial Copy Midland County Clerk Unofficial DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CALDERA COURT COMMERCIAL SUITES II Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy DECLARATION ON COVENANTS, CONDITIONS, AND RESTRY ONSFORT WHEN WETK Unofficia CALDERA COURT COMMERCIAL SUITES II RECITALS
opy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy DECLARATION ON COVENANTS, CONDITIONS, AND RESTRY ONSFORT WHEN WETK Unofficia CALDERA COURT COMMERCIAL SUITES II RECITALS Milton Lary and Mike Jackson (the "Developers") are owners of the following described tract of land, situated in the City of Midland, Midland 11914 “X”, H. P. Hilliard Survey, Midland County, Texas and bouthead County Clerk Unofficial Copy Midland of that certain tract or parcel of land situated in the unty, Texas to wit: Quarter of Section 5, Block of a 1.58 acre tract as described in deed to M Jackson Construction I, LTD. and MR Lary, INC. recorded in Volume 611, Page 767, Deed Records of Midland County, Texas and being more particularly described as follows: Beginning at a ½ inch iron rod found at the Northwest corner of this lot and the Northeast corner of Lot 4-B, Block 25, CRESTGATE ADDITION, SECTION 41 as per plat filed in Cabinet E, Page 183, Plat Records of Midland County, Texas. The Northwest Corner of said Section 5 bears N 75°27'01" E, 545.80 feet N 14°32'59" W, 1,540.10 feet.
Thence S 14°33'20" E along the West line of this tract and the East line of said Lot 4-B, 212.58 feet to a ½ inch iron rod found at the Southwest corner of this tract and the Northwest corner of Lot 3-B, Block 25, CRESTGATE ADDITION, SECTION 22 according to plat recorded in Cabinet E, Page 4, Plat Thence N 75°21'44”.
Lot 3-B, 185.86 Midland County, Texas.
along the Midland County C the most Western South line of this tract and the North to a ½ inch iron rod found at the Southeast corner of this line of said Lot 3-B.
Mimand County official Copy said a point N 14°33'20" W along the most Southern East line of this the West line of Lot 7,
o a ½ inch iron rod found at the Southeast corner of this line of said Lot 3-B.
Mimand County official Copy said a point N 14°33'20" W along the most Southern East line of this the West line of Lot 7, lock 25, CRESTGATE ADDITION, SECTION 24 as per ed in Cabinet E, Page 41, Plat Records of Midland County, Texas., 145.00 feet to a ½ incron rod found at the most Western Southeast corner of this tract.
Thence N 75°20'39" E along the most Eastern South line of this tract and the North line of said of Lot 7, 100.00 feet to a ½ inch iron rod found at the Southeast corner of this tract and a point along the Northern line of said Lot 7.
Thence N 14°33'20" W along the East line of this tract and West line of Lot 5-A, Block 25, CRESTGATE ADDITION, SECTION 35 as per plat filed in Cabinet E, Page 154, Plat Records of Midland County, Texas, 225.40 feet to a ½ inch iron rod set at the Northeast corner of this tract.
Unofficial Copy Thence along a 4.65 foot 46°46'22" W along the Boulevard to a ½ Caldera Boule the left with a radius of 390.00 feet which cord bears.
line of this tract and the South line of the Right-of-Way of iron rod set at the Northeast corner of this tract in the said 46°28'9" W along the North line of this tract and the Clerk racial Copy The County Midlevard, 322.10 feet to the place of beginning and containing cres.
Midland County era th line of line of Caldera Page 2 (the "Business Park" or Exhibit A (the "Plat”).
WHEREA Caldera Court" herein) as shown on the plat attached asUnofficial Copy 11914 Midland County Clerk Unofficial Copy all of the "Declara Developers are the sole owners of the Business Park, and Park to these Declaration of Covenants, Conditions and desire to subject in order to better service future owners of properties within.
OWNERS ASSOCIATION
are the sole owners of the Business Park, and Park to these Declaration of Covenants, Conditions and desire to subject in order to better service future owners of properties within.
OWNERS ASSOCIATION A. OWNERS ASSOCIATION.
Midland County estrictions (the usiness Park: Contemporaneously with the filing of this Declaration, Developers shall form a non-profit corporation under the laws of the State of Texas.
The non-profit corporation shall be known as the CALDERA COURT PROPERTY OWNERS ASSOCIATION, INC. (the "Association").
B. THE DEVELOPERS SHALL CONVEY TITLE. The Developers shall convey, by warranty deed, title to the common areas of the Business Park (that being all of the Business Park, excluding areas reserved for Units as shown by the Plat, leased to Unit or lot owners for parking, or otherwise reserved herein, and generally being described as green areas, utility easements, parking lot, trash facilities, "Common Areas") without charge property which has been or by persons other than the.
another person or of encumbrance, to the Association when 75% of the platted for office use in the Business Park has been velopers. No portion of the Common Areas shall be Clentinoff topidewalks, and like areas of common interest) (the SUBI a Midland Mthout prior approval of the City of Midland and the Asson Courchasedcial Copy, warranty deed from Developers to the Association will TO all oil and gas leases, drill site agreements, fretions and other instruments which might affect the Business the office of the County Clerk of Midland County, Texas, Uit of to Unit owners, regardless of whether the leases appear de specifically Clerk of Midland County, Texas.
easements, leases, appearing of record in of parking spaces specific in the office of the County
to Unit owners, regardless of whether the leases appear de specifically Clerk of Midland County, Texas.
easements, leases, appearing of record in of parking spaces specific in the office of the County The warranty deed from Developers to the Association will reserve all minerals and all water rights in the Business Park (except the right for the Association to drill a well for its own use in irrigating the Common Areas), and will convey the surface only in the Business Park.
C. POWERS AND RESPONSIBILITY OF ASSOCIATION. The Association shall have the power and obligation of perpetually owning, managing, and maintaining, repairing, replacing, improving, and insuring the Common Areas, facilities, and easements in the Business Park, together with all other powers ar Declaration or otherwise Park, the Units contained limitation of the fore Sonable Obligations reasonable or necessary for enforcing this Midland County necessary to maintain or protect the value of the Business or the collective interest of the owners of the Units. Witho he Association shall be specifically empowered to: limitation), the parking areas, sidewalks, signs, fencing, trask Maintain, improve, and preserve the Common Areas, including clerk Unofficial Copy Midland the like; ithout Page 3 Maintain, improve, necessary), and ate the landscaping in the Common Areas; 11914 Maintain ve (including replanting or replacing, as , and preserve the exterior of all Units (including thanofficial Copy Midland County Clerother shared structural items); • Determine and undertake such limited and improvements for the Business Park as are necessary of the Business Park to operate and service intended; capital the continuation Mida public in the manner
• Determine and undertake such limited and improvements for the Business Park as are necessary of the Business Park to operate and service intended; capital the continuation Mida public in the manner Pay all water, utility, insurance, professional, management, and other bills incurred in the course of undertaking its obligations herein; • Pay and contest taxes, fees, or fines assessed against the Common Areas by lawful authorities; Impose and collect such assessments from Unit owners as the Association deems necessary in its reasonable discretion and make disbursements of proceeds, for the needs Payment of &le Association; materials insurance and taxes, cost of labor, equipment, and supervisors; such management, custodians, engineers, or service providelerk Unofficial Copy Midland County Clerk D.
• deems necessary to maintain or improve the Business Park; Maintain a reasonable cash reserve for contingenc Midland County and as it Take such steps as it determines are necessary to enforce this Declaration.
MEMBERSHIP. Upon the purchase or other transfer of a Unit (defined in Section II(b) below) or lot subject to this Declaration by or to a person or entity other than the Developers, that purchaser or transferee hereby consents to become, and shall automatically become, a member of the Association (each a "Member" and the status of being a Member called "Membership") and agrees to be bound by this Declaration and the authority of the Association.
Developers shall be Members until all Units are sold. (The foregoing does not include persons or entities who hold an interest merely as security for the performance of an obligation - i.e., it does not include a legal or equitable in the Association shall not be transder of a Deed of Trust or like instrument.) Membership
est merely as security for the performance of an obligation - i.e., it does not include a legal or equitable in the Association shall not be transder of a Deed of Trust or like instrument.) Membership transfer of such lot or Unit by disposition, foreclosure, Clerk Unofficial C record owner of a owners of a lot entitled to shall pledged, or alienated in any way except on the sale or means, including sale, gift, intestate succession, testamentary legal process(and then only to the purchaser or transferee) Unit shall be presumed by the Association to be the denced by an official list of Members kept by the secretary, Midland Couns that Member. No certificates of membership will be i erks Joint person ed. Membership Association.
Midland Count Copy Page 4 11914 E.
BOARD OF managed by a board of directors representative of an more than seven, and At each annual 1 owner ACTORS The business and affairs of the Association shall be be determined by majority vote of the Caldera Court property andficial Copy *Board of Directors"). Each Director must be an owner (or Unit. The number of directors shall be no less than three succeeding wal meeting. Annual meetings shall be held in the first two Directors all meet at least once during each six calendar month time.
ag on the Board may be filled by the affirmative vote of Rectors. A Director elected to fill a vacancy shall be predecessor in office. The Board of Directors shall as Midland County Cletion, the Members shall elect Directors to hold office hers.
the next of December.
Clerk • Any vacancy of the remaining the unexpired term of his mum be comprised of President, Vice President, Secretary and Treasurer. At the discretion of the Board, Secretary and Treasurer
December.
Clerk • Any vacancy of the remaining the unexpired term of his mum be comprised of President, Vice President, Secretary and Treasurer. At the discretion of the Board, Secretary and Treasurer may be combined into one office. Voting for the Board of Directors by the Members shall not be cumulative. In all elections, each Member is entitled to one vote for each Unit (as shown on the Plat attached as Exhibit A, regardless of how ultimately subdivided) owned, except that the Developers shall be entitled to three votes for each platted lot then-owned by the Developers until eight Units (or lots) are sold or transferred to persons or entities other than Developers, at which time Developers would have one vote for each Unit remaining.
F.
shell and roof of the building in an INSURANCE. The Association shall obtain casualty/hazard insurance on the and liability insurance for the Association may, in its Member is required to covering its Unit Association on و Areas in an amount it deems reasonable. The obtain such other insurance it deems reasonable.
reasonable casualty/hazard insurance and liability the contents thereof, the evidence of which will be Each Clarita sufficient to replace the roof and shells of the Units ASSESSMENTS OR CHARGES. The Association shanty in Facial Copy 5 each annual meeting, determine an estimated annual budgy Clerked for Coal Copy County Midrovide it to the Members prior to each annual meeting, and 1 to the soon as practicable for each following year and assessment to the Members thereafter for the same. Special assessments for capital improvements or unexpected costs (in addition to the annual assessments) may be authorized by the Association upon sixty days' notice
e Members thereafter for the same. Special assessments for capital improvements or unexpected costs (in addition to the annual assessments) may be authorized by the Association upon sixty days' notice for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement in the Common Areas. Emergency assessments for limited critical repairs can be made on seven days' notice. Assessments shall be applied to all Members of the Association as shown on Exhibit B, unless otherwise specified herein. Such assessments and special assessments, together with such interest and costs of collection, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Any continuing lien created by an assessment shall be a second lien behind any purchase money mortgage lien, or utility lien for water, sewer and garbage service provided by the City of Midland, but shall be ahead of all assessment, together with interest costs of collection, shall also be the personal obligation of.
the person or entity who H.
owner of the Unit or lot at the time of assessment.
Nork Unofficial passa(subsequent) liens against the property. Each such annual assessmen by January 15th of each year. Special or emergency Official Copy as Midland AND DUE DATES OF ASSESSMENTS. Each Member determined by the Association.
The Association may t programs for a Member in the Association's reasonable Midland County jerk Unoffi shall be due ge for monthly Page 5 I.
EFFECT OF NON PAYMENT OF ASSESSMENTS AND DUES.
Association shall take assessment is not paid as set forth in Section highest rate discretion) against 11914 The propriate disciplinary action concerning delinquent accounts. If any
ESSMENTS AND DUES.
Association shall take assessment is not paid as set forth in Section highest rate discretion) against 11914 The propriate disciplinary action concerning delinquent accounts. If any ✓ (unless a monthly payment plan is agreed to by the then it shall become delinquent, and together with such acial Copy of collection (including attorney and court fees), become the in its sole t and/or Unit which shall bind the hands of the then-own its heirs, devisees, "representatives and assigns from transferring the Midland by law or such lower rate as determined by the Associatinuing lien rsonal obligation of the owner to pay such assessment shall ithout the lien. The the personal obligation shall pass to its successors in title wigs Pertainty i its personal obligation, and releasing the prior owner. The Association may do anything permitted by law to obtain payment, including (without limitation) bringing an action at law against the owner personally obligated to pay the same, foreclosing the lien, reporting to credit reporting agencies, and such other similar collection actions. Reasonable attorney fees and court costs shall be added to such assessment, and in the event a judgment is obtained, the judgment shall include interest and attorney fees, together with the costs of the action.
II.
COVENANTS, CONDITIONS AND RESTRICTIONS A. STRUCTURE LIMITATIONS. Except as hereafter provided, no structure shall be erected, altered, placed or permite remain on any area other than in the enclosed building, with the exception of any stru containers, or the like.
single shall B.
Unoffice required for covered parking, water well, to conceal 1 CE OFFICE LOTS. All lots in the Business Park are The improvements located on the lots in the Business
ers, or the like.
single shall B.
Unoffice required for covered parking, water well, to conceal 1 CE OFFICE LOTS. All lots in the Business Park are The improvements located on the lots in the Business of single office units with minimum square footage as Midland County Clerk tage of a Unit is 1,440 square feet. This does not include C.
STRUCTURAL MINIMUM.
Merk Unofficial Copy signated as minimum square be placed upon concrete All Chanty each a "Unit") foundations, and shall have exterior walls which shall be not less than 90% of rock, either solid or veneer, and in computing the 90%, any windows in such walls shall not be taken into account.
D. SETBACK. All Units and other structures shall be erected within the building setback lines shown on the recorded plat of the Business Park attached as Exhibit A hereto which shall conform to the City Code of the City of Midland, the laws of the State of Texas, and any Federal laws or regulations (including laws related to access by persons with disabilities).
E.
ROOFING. A shared composition roof shall be placed on the Units. It shall be of no less than 240# Three shingle material. No The Association shall or her pro rata share a bulleh Definition Laminate Asphalt 30 Years or Better F.
be mainta Midland nit Clerk his or her property separately from the adjacent owner.
When to apply a new roof, and each owner will be assessed, as shown on Exhibit B.
County Clerk Unofficial Copy MMON AREAS. The outside structure and grounds of each in a neat and attractive condition at all times by the or other unsightly growth shall be permitted to grow or Unit, and no refuse pile or unsightly object shall be allowe Midland or Unit shall Nion. No weeds, on any part of the lot be placed, or to remain, Page 6 lot in the Business Park.
permitted to grow or Unit, and no refuse pile or unsightly object shall be allowe Midland or Unit shall Nion. No weeds, on any part of the lot be placed, or to remain, Page 6 lot in the Business Park.
thereon. No substantial changes in thevation of the land shall be made on the premises of a G.
erk Unofficial Copy at SIDEW accordance with be such Midland H.
City Code of the City of Midland, shall be constructed. Such accordance with the requirements of the City Code of the in 11914 A sidewalk of not less than 60 inches and adjoining the curnofficial Copy nflicts with the requirements herein, together with all appa erwalk shall SIGNS. No sign of any kind shall be displandland County Cleftwalk shall of Texas or the United States.
Midland if Naws or regulations to the public on any lot, except one sign of not more than sixty square feet advertising the building name and address adjacent to the entry off Caldera Boulevard and non-lighted signs installed flush with a Unit, styled in conformity with Business Park custom (as determined by the Association in its discretion), that identifies the name(s) of the business located within a Unit. Any request for a variance from this clause must be approved by the Association on a case-by-case basis.
I.
COMMON AREAS AND PARKING. Except as detailed herein, each property owner shall have an equal right to use and enjoy the Common Areas. The Common Areas shall be used only for parking, access to the building, and circulation around the building.
or inoperative motor vehicle No boat, recreational vehicl center, tenant or other occupant be kept or stored upon the Common Areas. No Owner (or Common Areas.
Port Clerk Mer, oil field equipment (or other industrial equipment), Unit) is allowed to block full access to any Unit, or part
pant be kept or stored upon the Common Areas. No Owner (or Common Areas.
Port Clerk Mer, oil field equipment (or other industrial equipment), Unit) is allowed to block full access to any Unit, or part County Clerk Unofficial Copy of the Common Areas may be reserved for use by a specific reserve arking) by the Developers until Developers sell or transfer a tenant or other occupant of a Unit) is allowed to utilize, or reas that are reserved for specified Unit owners, including, Midlaridanant Unit owner (e.g., its. No Unit owner designated on the Exhibit C plat, which are reserved for there others to utilize, parking the life of the Business Park.
limitation, the parking spots owners mentioned in Exhibit C for The covering for parking areas reserved for a specified Unit owner (if any) must be maintained in good condition (as reasonably determined by the Association) by the Unit owner for whom the covered parking areas are reserved.
J.
EASEMENTS. All presently existing easements for utilities or drainage in the Business Park are hereby reserved to the present owners of such easements. Easements for utility installation and maintenance are reserved in all lots affected thereby as shown on the recorded Plat of the Business Park. Structures, including walks, fences, paving or planting and egress to and from shall be erected upon any part of the Gess Park which will interfere with the rights of ingress serving the Business pents shown on the Plat of the Business Park. All utilitis K.
formity Midland Clerk be underground.
E COMPLIANCE.
All construction in the Business Peterk Unofficial Copy with the laws and regulations of the State of Texas and the UMiami th the building and sanitary codes of the city of Midland, Midland States.
shall be in County, Texas, Page 7 www.......
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icial Copy with the laws and regulations of the State of Texas and the UMiami th the building and sanitary codes of the city of Midland, Midland States.
shall be in County, Texas, Page 7 www.......
..
11914 L.
LANDSCAPING. Landscape the front and applicable side areas shall be in place within three months of the shall be maintained in a of each Unit by the Developers. The landscaping that contains retail or well-kept manner, consistent with a well-kept business parks 1 businesses, and shall be irrigated by an underground inofficial Copy system. As set forth above, the Association shall have the authority to, and be on for, overseeing the maintenance and general physical appearance of the Business pesponsibly including parking and landscaping. A masonry enclosure shall be built fr county.
Midland maintained to any common water well and controls should one be installed, ciation may pay annual payment of $600 in January of each year, for the year's privilege of receiving water from the water well operated by the adjacent Caldera Ort Commercial Suites I, Inc..
Should the Caldera Court Commercial Suites I, Inc. association not provide water during any portion of that year, then the Association may be reimbursed the prorated amount from the Caldera Court Commercial Suites I, Inc. The Association may also share equally with the Caldera Court Commercial Suites I, Inc. association in the maintenance costs of the water well when invoices are presented to the Association.
M.
RESTRICTED BUSINESSES.
regulations, the following businesses are 1.
2.
Notwithstanding permissibility under zoning café, or cafeteria stores, except that retail establishments selling beer and Midland County Clerk premises consumption during normal business hours official Copy DW 5.
6.
7.
8.
9.
10.
11.
12.
13.
ing café, or cafeteria stores, except that retail establishments selling beer and Midland County Clerk premises consumption during normal business hours official Copy DW 5.
6.
7.
8.
9.
10.
11.
12.
13.
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16.
are permitted, TABC Retail Permits BQ, Q (Beer and of PS Consumption), and such successor designations.
(tasting) licenses are permitted at the discretion Bowling alley or similar indoor commercial Pet shop Gasoline self service pumps Rent to own shops Consignment clothing stores -Premises Association.
Midlanements (pool hall) Community, social or hobby building, as part of a housing development Day care center Hospitals, and convalescent, nursing, or custodial care homes (medical doctor, dentist, chiropractor, and like offices are permitted) Hotels and motels, including dining facilities Private clubs, lodges, sororities and fraternities Boarding and lodging houses Home, group car patients Cor group medical care, for 16 or fewer residents, ff-service) Clerk Unofficial Copy f personal items, such as tobacco and accessories, grooming Midland County Clerk Ai COP group medical care, for 16 or fewer residents, 17.
AMENDMENT. All changes and amendments to the Midlanderkod and beverage sales store accodice with the platting or zoning procedure of the City of Midlan on shall be in endments which relate directly to the Association of the those changes and on Areas shall be reviewed Midland Page 8 and approved by the Planning and Zoning Committee of the City of Midland before enactment, and subject to the foregoing, shall belows: (a) Unofficial Until at least in the 11914 of the acreage, which has been, or will be, platted for officersinial Copy ess Park has been sold, the Developers may amend or this s comprising the Business Park or any part thereof, unless ots or
14 of the acreage, which has been, or will be, platted for officersinial Copy ess Park has been sold, the Developers may amend or this s comprising the Business Park or any part thereof, unless ots or by Developers.
Midland County on and shall not be required to obtain the consent of the Business Park is owned by individuals who.comand County Anytime after at least 75% of the acreage agreed Mg the office portion of the built or who are in the process of building for personal occupancy on their respective tracts, the Declaration set forth herein shall be SUBJECT TO amendment or alteration by the affirmative vote of the owners of 3/4 of the acreage subject herein.
Any and all amendments to this Declaration after Planning and Zoning Commission of the City of Midland approval has been obtained shall be recorded in the office of the County Clerk of Midland County, Texas.
This Declaration shall be automatically renewed and extended for successive periods of ten years each unless, as of the sold) acreage of the Business Park has of at least 3/4 of its Declaration then in effect of any such period, the Developers (until 75% of the or the Association (acting upon an affirmative vote shall have elected to not renew and extend this the provisions set oing the foregoing or any other provision hereof Areas, which by the this Declaration which relate directly to the Association or ubiect to amendment, shall survive any termination hereof by the york Unofficial Copy with Association and the reservation of parking spots for a given Unit O.
ommon velopers or written permission of the owner of the Unit and such resernnot be amended hereof by the Developers or by the Association.
ENFORCEMENT. The Association shall Midland on also survives the orce this Declaration. If any person
the owner of the Unit and such resernnot be amended hereof by the Developers or by the Association.
ENFORCEMENT. The Association shall Midland on also survives the orce this Declaration. If any person acquiring land or any interest therein in this Business Park shall violate or attempt to violate any of the restrictions in the Declaration, it shall be lawful (in the absence of action by the Association) for any other person or persons owning land or any interest therein in the Business Park (who it is stipulated to have “standing" as that term is defined under law) to prosecute proceedings in law or equity against any person or persons so violating or attempting to violate such restrictions, either to prevent such violation or such violator from so doing or to recover damages by reason of such violation; provided, however, that such proceedings; if conducted, shall be at the sole cost and expense of the persons prosecuting the same. Both the Association or an owner of a Unit may cause cars or equipment to be towed or removed if parked in a reserved spot, abandoned, or otherwise P.
1.
this Midland MISCELLANEO Unofficial is bidden by this Declaration.
claration aration shall run with the land, but violation of or failure to Unofficial Copy security I not affect the validity of any bona fide mortgage or other Ply with which may be then existing on or against any tract or Unit.
Midland County Page 9 2. If any restriction herein set forth is declared invalid, the remaining restrictions shall nevertheless continue in full fare and effect. The Association or its employees or agents shall not be liable for any incidental or consequential damages arising as an outcome of any of these provisions.
Midland County Clerk Unoffi DEVELOPERS: Milt
he Association or its employees or agents shall not be liable for any incidental or consequential damages arising as an outcome of any of these provisions.
Midland County Clerk Unoffi DEVELOPERS: Milt Nuty uckland County Clerk Unofficial Copy Milton Lary Mike Jackson Planning Commission of Midland By: Be Midland County Clerk Unofficial Copy Name: Brian Carney Title: Chassina of P.Z Midland County Clerk Unofficial Copy 11914 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Page 10 STATE OF TEXAS COUNTY OF MIDLAND Unofficial Copy Before me, a N be the person and sober upon his Midland County Clerk Public, on this day personally appeared Milton Lary, known Anofficial Copy name is subscribed to the forgoing instrument and appearing not under duress or undue pressure or persuasion, that he had read this entire document, understood the the same for the purpose and consideration therein ressure or persuasion of any kind, and upon his own free will he to Medged to me Mpressed sound mind Given under my hand and seal of office this 23 day of STATE OF TEXAS COUNTY OF MIDLAND Before me, a Notary Midran cord.
Patricia M. K Unofficial Copy to be the person whose may, Notary Public, State of Texas herein, and that he of duress undue KIEF 201 PUBLIC on this day personally appeared Mike Jackson, known to he is subscribed to the forgoing instrument and appearing FER 0:03 mind and sober countenance, not under duress or undue pressure or persuasion, ackno.official Copy executed prescounty Midland t he had read this entire document, understood the terms here and that he same for the purpose and consideration therein expressed, free persuasion of any kind, and upon his own free will and acce Midland County Given under my hand and seal of office this 23 day Patricon
he same for the purpose and consideration therein expressed, free persuasion of any kind, and upon his own free will and acce Midland County Given under my hand and seal of office this 23 day Patricon ged to duress or undue ay 20 2017 KIE .
Notary Public, State of Texas BLIC Midland County Clerk Unofficial Copy STAT Midland County Clerk Unofficial Copy Page 11 Midland County Clerk Unofficial Copy 212.46' 119 Midland County Clerk Unofficial UNIT VOTE UNIT VOTE VOTE Exhi I VOTE UNIT I VOTE ACCESS UTILITY FASEMEN ficial Copy Midland County Clerk Unoffi H H UNIT 4 VOTE A CALDERA Midland County Clerk Unofficial Copy UNIT TOIVOTE UNIT VOTE 20 ACCESS & UTILITY EASEMENT 100.00' ACCESSNUITY SCOPE OF HORK VD 20 ACCESS & UTILITY FASEMENT 225.31 HENSON PARKING LOT TABLE 4 DRAFTING DESIGN 1301 W. FLORIDA 432-554-4859 MIDLAND, TEXAS 74701 CIT G EXIT HARDWARE PARKING SPACES LANDSCAPED AREA. 4,00-1954, ..
TOTAL LANDSCAPE ARIA PROVIDED PRONTAGE LANGTI 337 + TOTAL TREES PROVIDED 3,476 SA TOTAL PARKING LOT TOTAL TOTAL PARKING SPACES REQUIRED.
SPACES PROVIDED LANDSCAPING STRIP CENTER PROJECT ALDERA BLVD COUN Midland County Clerk Unofficial Copy TEXES ■ TREES + TREES MIKE JACKSONSTRUCTION MIOLAND TEXAS REVISIONS Midland County Clerk Unofficial Copy EX A Midland Unit # Unit # 3 4 EXHIBIT B Crestgate Addition, Sectofficial Copy Midland County 1 2 2 3 4 43 square footages A Billing % of bldg votes 9.21% 1 9.21% 1 8.92% 1 13.63% 1 5698 5 8.43% 1 6 8.43% 1 7 8.43% 1 8 8.43% 1 9 8.43% 1 10 11 CALCULATIONS Ork Undopy 8.43% 1 1 11 Midland County Clerk Unofficial Copy 1914 porch Depth Width adder-ft2 6-M partial 60 29.56 60 23 6-M partial 60 29.56 3 6-N 60 60 28.61 60 4 6-0 120 2714.29 Midland County Clerk Unofficial Copy 1833.6 1833.6 1776.6 5 6-P 6 6-Q partial 7 6-Q partial
Depth Width adder-ft2 6-M partial 60 29.56 60 23 6-M partial 60 29.56 3 6-N 60 60 28.61 60 4 6-0 120 2714.29 Midland County Clerk Unofficial Copy 1833.6 1833.6 1776.6 5 6-P 6 6-Q partial 7 6-Q partial 8 6-R 9 6-S partial 10 6-S partial 888888 27 60 1680 27 60 1680 27 27 27 27 11 6-S partial 27 19,918.09 17,203 Midland County Clark Unofficial Copy Citotal bldg sq ftg per John Newton of OJD Engineering sum of all shells except 6-0 4.29 = 6-0 square footage unty Clerk Unofficial Copy 60 1680 60 1680 60 1680 60 1680 60 1680 TOTAL: 19,918.09 Midland County Clerk Unofficial Copy EXHIBIT 11914 Midland County Clerk Unofficial Copy HMAC PAVING ( IN FEET) 1 inch 40ft.
nd County Clerk Unofficial Copy CALDERA BOULEVARD (70 foot r-o-w 6-R 6-5.
20' Access and Utility Easement 6-S 6.67' 18.5 to 5.9 16.83 6-5 16.94" N75'20'39"E 100.00' Pg. 41 P.R.M.
20' Access and t 212.
dial Cops Official Midland County Clerk Unoffic Easement in Favor of 20' Access and Utility Lot 4-B Lot 3-8 Block Crestgate ock 25 Section 22 Cab, £ Pg . 4 P.R.M.C.T 185.86' 17.8 20.02' 6-M 6.67 93° 6-51 GP 29.27 60 16-5 The 60 6-5 6.ph 16-M 6.M G-M 6.0 145.00' 20.67 6.5 2 6-N 0.0 10' Access and Utility Easement 6-0 6-P 6-Q 27.34 22.34 26.99 in Favor of Lot 5-A and 6-A..
98 N14°33'20"W 20' Access and Utility E Midland County Clerk Unofficial Copy 1of1 225.40' Lot 5-A Crestgate Pg. 154 P Access and Utility Easement in Favor of Lot 5-A and 6-A CRESTGATE SECTION 45 PARKING ARRANGEMENT Midland County Clerk Unofficial Copy OJD The Benchma DEngineering.com WELLINGTON AMARILLO TX ATX -150 WOLFFORTH 502 CAS 102 Wa TX 783 10071-300 MIOLAND Pres 100 MTX 797 +32) 436-7764 F-4393