WILLLIAMSON COUNTY CLERK OFFICIAL PUBLIC RECORDS DOCUMENT NUMBER 9230817 WAS ASSIGNED TO A SUBDIVISION AND CAN BE FOUND IN THE PLAT RECORDS IN CABINET K SLIDE(S) 112 B 30817 FILED FOR RECORD SEP 18 1992 Elaine Bis Hegell County Clerk William TX PARMER LANE ANDERSON MILL Lake Creek TAMAYO DRIVE Han SITE MCNEIL RD. son Cour ROBINSON RANCH Vol MILWOOD SUBDIVISION CONSTRUCTION AGREEMENT Vol. 2192, pg. 890 Official Records, WCT N56°14'05"E N36°42'31W 125.00' 120.17' 80 N250526 2125.00 TAMAYO DRIVE N 71°44'00"E Cz MILWOOD SEC THIRTY-THREE A CAS.
> Slides 10 109 SLIDES 64-67 AILWOOD SEC. THIRTY-TWO M.00.91 349.42' SECTION THIRTY-THREE 63.00 -60.00 165.00'-60.00" 120.11 SPUE M.00.91.81 7.5'P.U.E.
3 3 25'8.L.
2 ལ '51.61 60.00' 65.00' 60.00 236.61' 70.00' " -N71°44'00"E 9.11' N18°16'00" W M.00.91.81N 120.00' ROBINSON RANCH Submitted: March 16, 1992 Vol. 1/97, Pg. 164 N 71°44'00"E 251.78' Scale: 1"100' TAMAYO DRIVE 70'R.O.W.
R.O.W. Deed Vol. 1976, Pg. 454 D.E. PUE. Vol. 2015, Pg. 867 25'8.L. VV 65.00 5 4 = 3 2 7.5' P..E.
460.00-$65.00'---61.78'--65.00 -571°44'00"W 251.78' ROBINSON RANCH Vol. 1197, Pg. 164 LANE PARMER F.M. 620 US. HWY. 183 103 102 BLACK CANYON DRIVE MILWOOD 105 106 107 STATE OF TEXAS: COUNTY OF WILLIAM: KNOW ALL MEN BY THESE PRESENTS: CHORD DATA 101 "R" CURVE DATA CI Arc 11.39' A = 18°26'3/" 100 C2 59.79' R= 597.63' T= 97.02' C3 59.79' Chord 11.39' 59.77' 59.77' 99 A = 192.36' C4 61.40' 61.37' Bearing 562°02'37"W S56°14'05"W ° B.L.
C = 191.53' S62°30'45"W PU.E.
D.E.
" (FF) THAT MILWOOD JOINT VENTURE II, A TEXAS JOINT VENTURE ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, HAVING ITS HOME OFFICE IN THE CITY OF
° B.L.
C = 191.53' S62°30'45"W PU.E.
D.E.
" (FF) THAT MILWOOD JOINT VENTURE II, A TEXAS JOINT VENTURE ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, HAVING ITS HOME OFFICE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING COMPOSED AND ACTING THROUGH, BILL MILBURN, INCORPORATED, ACTING HEREIN BY AND THROUGH BILL MILBURN, ITS PRESIDENT, AND PALMAR ASSOCIATES, LTD., ACTING HEREIN BY THROUGH ITS GENERAL PARTNERS, A.H. ROBINSON, III, AND JOHN OSCAR ROBINSON, BEING OWNERS OF A 2.113 ACRE TRACT OR PARCEL OF LAND OUT OF THE W.J. BAKER SURVEY NO. 64, SITUATED IN WILLIAMSON COUNTY, TEXAS SAID 2.113 ACRE TRACT BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO THEM BY DEED RECORDED IN VOLUME 2177 PAGE 620 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS, DO HEREBY SUBDIVIDE SAID 2.113 ACRES IN ACCORDANCE WITH THE ATTACHED PLAT TO BE KNOWN AS "MILWOOD SECTION THIRTY-THREE B", AND DO HEREBY DEDICATE TO THE PUBLIC THE USE OF THE STREETS AND EASEMENTS SHOWN HEREON SUBJECT TO ANY EASEMENTS AND/OR RESTRICTIONS HERETOFORE GRANTED AND NOT RELEASED.
ACRE PRIOR TO GRADING, ANY TYPE OF EARTH MOVING, CONSTRUCTION OF, ON OR UNDER THE LAND IN THIS SUBDIVISION, A DRAINAGE PLAN DESIGNED BY A REGISTERED PROFESSIONAL ENGINEER SHALL BE SUBMITTED FOR THE PROPOSED DEVELOPMENT, AND MODIFICATION THEREOF TO THE CITY OF AUSTIN AND THE COMMISSIONER'S COURT OF WILLIAMSON COUNTY FOR REVIEW AND APPROVAL. IT IS FURTHER UNDERSTOOD THAT THE ENFORCEMENT OF THE PLAT RESTRICTION IS THE RESPONSIBILITY OF THE DEVELOPEROWNER; HOWEVER, THE CITY AND COMMISSIONER'S COURT OF WILLIAMSON COUNTY SHALL HAVE THE RIGHT AND AUTHORITY TO ENFORCE THE PLAT RESTRICTIONS THROUGH APPROPRIATE LEGAL PROCEDURE TO PROHIBIT THE CONSTRUCTION, CONNECTION OF
E CITY AND COMMISSIONER'S COURT OF WILLIAMSON COUNTY SHALL HAVE THE RIGHT AND AUTHORITY TO ENFORCE THE PLAT RESTRICTIONS THROUGH APPROPRIATE LEGAL PROCEDURE TO PROHIBIT THE CONSTRUCTION, CONNECTION OF UTILITIES OR ISSUING OF PERMITS UNLESS OR UNTIL THE REQUIREMENTS OF THE PLAT RESTRICTIONS HAVE BEEN ACHIEVED.
WITNESS MY HAND THIS THE MILWOOD JOINT VENTURE II BY: DAY OF •August, 1992.
BILL MILBURN INCORPORATED JOINT VENTURER Be huse BILL MILBURN, PRESIDENT P.O. BOX 9802 AUSTIN, TEXAS 78766 WITNESS OUR HANDS THIS THE 19th DAY OF August, IS PALMAR ASSOCIATES, LTD., A TEXAS PARTNERSHIP BY: A.H. ROBINSON, III, GENERAL PARTNER .H. Louison A.H. ROBINSON, III, GENERAL PARTNER P.O. BOX 9556 AUSTIN, TEXAS 78766 PALMAR ASSOCIATES, LTD., A TEXAS PARTNERSHIP BY: JOHN OSCAR ROBINSON, GENERAL PARTNER JOHN OSCAR ROBINSON, GENERAL PARTNER P.O. BOX 9556 AUSTIN, TEXAS 78766 1992.
STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE Quant LOCATION MAP N.T.S.
LEGEND IRON ROD FOUND IRON ROD SET SIDEWALK LOCATION BUILDING SETBACK LINE PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT CONC MONUMENT FOUND BLOCK DESIGNATION 19 DAY OF 1992, BY A.H. ROBINSON, III, GENERAL PARTNER, PALMAR ASSOCIATS, LTD., A TEXAS PARTNERSHIP.
STATE OF TEXAS COUNTY OF TRAVIS Dotachy Warper (Signature) (Printed Name) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE august 1992, BY JOHN OSCAR ROBINSON, PALMAR AS OCTATES, LTD., - Å TEXAS PARTNERSHIP.
APPROVED FOR ACCEPTANCE: DAY OF DOROTHY WARREN Notary Public, State of Texas My Commission Expres DEC. 6, 1992 GENERAL PARTNER, Day W (Signature) (Printed Name) JEH GHTER, DIRECTOR, DEPT. OF PLANNING AND DEVELOPMENT 9/10/92 DATE DOROTHY WARREN Notary Public. State of Texas My Commission Expires DEC. 5, 1992
92 GENERAL PARTNER, Day W (Signature) (Printed Name) JEH GHTER, DIRECTOR, DEPT. OF PLANNING AND DEVELOPMENT 9/10/92 DATE DOROTHY WARREN Notary Public. State of Texas My Commission Expires DEC. 5, 1992 ACCEPTED AND AUTHORIZED FOR RECORD BY THE PLANNING COMMISSION OF THE CITY OF AUSTAN ON THE 8 DAY OF Sept, 1992, A.1.
CHAIRPERSON, DR. GAIL GEMBER brooks SECRETARY, DON DOUBE Props Passon THIS SUBDIVISION HAS BEEN APPROVED FOR CENTRALIZED DELIVERY SERVICE AND THE STREET NAMES ARE APPROVED BY THE POST OFFICE.
APPROVED BY: Wayne Rogers WAYNE D.
STMASTER 4/7/92 DATE JN APPROVING THIS PLAT BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, IT IS UNDERSTOOD THAT THE BUILDING OF ALL STREETS, ROADS AND OTHER PUBLIC THROROUGHFARES AND ANY BRIDGES AND CULVERTS NECESSARY TO BE CONSTRUCTED OR PLACED SUCH STREETS, ROADS AND OTHER PUBLIC THOROUHGFARES AS SHOWN ON THIS PLAT, OR IN CONNECTION THEREWITH, SHALL BE THE RESPONSIBILITY OF THE OWNER AND/OR DEVELOPER OF THE TRACT OF LAND COVERED BY THIS PLAT, IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PRESCRIBED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, AND SAID COURT ASSUMES NO OBLIGATION TO BUILD OR MAINTAIN ANY OF THE STREETS, ROADS OR OTHER PUBLIC THOROUGHFARES SHOWN ON THIS PLAT, OR OF CONSTRUCTING ANY BRIDGES OR CULVERTS IN CONNECTION THEREWITH. IT IS FURTHER UNDERSTOOD THAT UPON COMPLETION OF THE AFORESAID OBLIGATIONS OF THE DEVELOPER AND 60% OCCUPANCY OF THE LOTS ALONG THE ROADWAYS AND STREETS HAS BEEN ACHIEVED, AND ALL DRIVEWAY AND DRAINPIPES HAVE BEEN INSTALLED, ON WRITTEN PERMISSION FROM THE COUNTY COMMISSIONER, THE COMMISSIONERS COURT ASSUMES FULL RESPOSIBILITY FOR MAINTENANCE OF SAID STREETS.
STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE August INCORPORATED.
1992, BY
THE COMMISSIONERS COURT ASSUMES FULL RESPOSIBILITY FOR MAINTENANCE OF SAID STREETS.
STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE August INCORPORATED.
1992, BY DAY OF BILL MILBURN, PRESIDENT, BILL MILBURN Adnane Danil (Signature) (Printed Name) THE STATE OF TEXAS: COUNTY OF WILLIAMSON: I, John HEREBY CERTIFY THAT THIS MAP OR PLAT, WITH WRITTEN FIELD NOTES SHOWN HEREON, AND THE SURVEYORS CERTIFICATE APPEARING HEREON, THAT "MILWOOD SECTION THIRTYTHREE B", HAVING BEEN DULY PRESENTED TO THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, AND BY SAID COURT DULY CONSIDERED, WERE ON THIS DAY APPROVED, AND SAID PLAT IS AUTHORIZED TO BE REGISTERED AND RECORDED IN THE PROPERTY RECORDS OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS.
Doenfler, COUNTY JUDGE OF WILLIAMSON COUNTY, TEXAS, DO 9-14-92 DATE Doerfler JOHN DOERFLER, COUNTY JUDGE V WILLIAMSON COUNTY, TEXAS C8-92-0834.0A Cabinet K Slide 112 Sheet 1 of 2 MILWOOD SECTION THIRTY-THREE B 12. ALL STREETS IN THIS SUBDIVISION WILL BE CONSTRUCTED ΤΟ THE CITY OF AUSTIN URBAN STREET THE STATE OF TEXAS: COUNTY OF WILLIAMSON: I, ELAINE BIZZELL, CLERK OF THE COUNTY COURT, WITHIN AND FOR THE COUNTY AND STATE AFORESAID, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT OF WRITING, WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE ON THE 18+ DAY OF September 1992, A.D., AT 11:00 O'CLOCK A.M., and WAS DULY RECORDED ON THE DAY OF September O'CLOCK 2.M., IN THE PLAT RECORDS OF SAID COUNTY, IN CABINET ✓ AT SLIDE(S) 112-113.
WITNESS MY HAND AND SEAL OF THE COUNTY COURT OF SAID COUNTY, AT OFFICE IN GEORGETOWN, TEXAS, THE DATE LAST WRITTEN ABOVE.
ELAINE BIZZELL BY Lielie , CLERK, COUNTY COURT, WILLIAMSON COUNTY, TEXAS COUNTY COURT Hangett COUNTY TEXA TE WILLIAMISON
RT OF SAID COUNTY, AT OFFICE IN GEORGETOWN, TEXAS, THE DATE LAST WRITTEN ABOVE.
ELAINE BIZZELL BY Lielie , CLERK, COUNTY COURT, WILLIAMSON COUNTY, TEXAS COUNTY COURT Hangett COUNTY TEXA TE WILLIAMISON STANDARDS.
13. SIDEWALKS ARE REQUIRED ALONG EACH SIDE OF TAMAYO DRIVE, TO CITY OF AUSTIN STANDARDS.
14. SIDEWALKS SHALL BE COMPLETED PRIOR TO THE ACCEPTANCE OF ANY TYPE I, TYPE II, OR TYPE IV DRIVEWAY APPROACH AND ISSUANCE OF A CERTIFICATE OF COMPLIANCE OR OCCUPANCY.
15. WATER AND SEWER DISTRICT NO. 1.
SERVICE FOR THIS SUBDIVISION WILL BE PROVIDED BY NORTH AUSTIN MUNICIPAL 16. THIS SUBDIVISION PLAT WAS APPROVED AND RECORDED BEFORE THE CONSTRUCTION AND ACCEPTANCE OF STREETS AND OTHER SUBDIVISION IMPROVEMENTS. PURSUANT TO THE TERMS OF A SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE SUBDIVIDER AND THE CITY OF AUSTIN, DATED September 9, 1992, THE SUBDIVIDER IS RESPONSIBLE FOR THE CONSTRUCTION OF ALL IMPROVEMENTS NEEDED TO SERVE THE LOTS WITHIN THE SUBDIVISION. THIS RESPONSIBILITY MAY BE ASSIGNED IN ACCORDANCE WITH THE TERMS OF THAT AGREEMENT.
17.
FOR THE SUBDIVISION IMPROVEMENTS AGREEMENT PERTAINING TO THIS SUBDIVISION, SEE SEPARATE INSTRUMENT RECORDED IN VOLUME 2192 PAGE 890, IN THE DEED RECORDS OF TRAVIS COUNTY, TEXAS.
THIS PROPERTY SHALL BE DEVELOPED AND MAINTAINED IN ACCORDANCE WITH THE "AGREEMENT CONCERNING CREATION AND OPERATION OF THE NORTH AUSTIN M.U.D.
No. 1".
LAND USE SHALL CONFORM WITH THE REFERENCED LAND PLAN.
SURVEYOR CERTIFICATE: I, BILLY H. TRIMBLE, AM AUTHORIZED UNDER THE LAWS OF THE STATE OF TEXAS TO PRACTICE THE PROFESSION OF SURVEYING AND HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH TITLE 13 OF THE AUSTIN CITY CODE, OF 1981, AS AMENDED, IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY SUPERVISION ON
IFY THAT THIS PLAT COMPLIES WITH TITLE 13 OF THE AUSTIN CITY CODE, OF 1981, AS AMENDED, IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND.
SURVEYING BY: TRIMBLE & ASSOCIATES LAND SURVEYING BILLY H. TRIBLE, R.P.S #4037 1250 CAPITAL OF TEXAS HIGHWAY, II-212 AUSTIN, TEXAS 78746 ENGINEER CERTIFICATE: 4.15.92 DATE STATE BILLY H TRIMBLE 4037 UR I, FRED C. LOCKWOOD, AM AUTHORIZED UNDER THE LAWS OF THE STATE OF TEXAS TO PRACTICE THE PROFESSION OF ENGINEERING, AND HEREBY CERTIFY THAT THIS PLAT IS FEASIBLE FROM AN ENGINEERING STANDPOINT AND COMPLIES WITH THE ENGINEERING RELATED PORTIONS OF TITLE 13 OF THE AUSTIN CITY CODE OF 1981, AS AMENDED, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
FLOODPLAIN NOTE: THIS SUBDIVISION IS NOT WITHIN THE 100-YEAR FLOODPLAIN OF ANY WATERCOURSE. SEE ALSO FEDERAL FLOOD INSURANCE ADMINISTRATION FIRM PANEL #48491C0325C DATED SEPTEMBER 27, 1991, FOR WILLIAMSON COUNTY, TEXAS.
NO LOT WITHIN THIS SUBDIVISION IS ENCROACHED BY ANY AREA WHICH IS SUBJECT TO 1% CHANCE OF FLOODING DURING ANY GIVEN YEAR.
THIS TRACT IS LOCATED WITHIN THE EDWARDS AQUIFER RECHARGE ZONE.
red loca FRED C. LOCKWOOD, E.
LOCKWOOD ENGINEERS, INC.
1250 CAPITAL OF TEXAS HIGHWAY, III AUSTIN, TX 78746 OF TEXAS 1-13-92 LOGALOOD ATE CISTEAL SIONAL GENERAL NOTE: SEAL IS SAID "BASED UPON THE ABOVE REPRESENTATIONS OF THE ENGINEER OR SURVEYOR WHOSE AFFIXED HERETO, AND AFTER A REVIEW OF THE PLAT AS REPRESENTED BY THE ENGINEER OR SURVEYOR, I FIND THAT THIS PLAT COMPLIES WITH THE REQUIREMENTS OF EDWARDS AQUIFER REGULATIONS FOR WILLIAMSON COUNTY. THE WILLIAMSON COUNTY FLOOD PLAIN REGULATIONS, AND WILLIAMSON COUNTY ON-SITE SEWERAGE FACILITY REGULATIONS. THIS CERTIFICATION I MADE SOLELY UPON SUCH
DWARDS AQUIFER REGULATIONS FOR WILLIAMSON COUNTY. THE WILLIAMSON COUNTY FLOOD PLAIN REGULATIONS, AND WILLIAMSON COUNTY ON-SITE SEWERAGE FACILITY REGULATIONS. THIS CERTIFICATION I MADE SOLELY UPON SUCH REPRESENTATIONS AND SHOULD NOT BE RELIED UPON FOR VERIFICATIONS OF THE FACTS THE WILLIAMSON COUNTY HEALTH DISTRICT AND WILLIAMSON COUNTY DISCLAIMS ANY RESPONSIBILITY TO ANY MEMBER OF THE PUBLIC FOR INDEPENDENT VERIFICATION OF THE REPRESENTATIONS, FACTUAL OR OTHERWISE, CONTAINED IN THIS PLAT AND THE DOCUMENTS ASSOCIATED WITH IT.
ALLEGED.
Purcell by D.M.ACK PURCELL DIRECTOR OF ENVIRONMENTAL SERVICES" 04/13/92 BEING METES AND BOUNDS DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND PART OF THE W.J.
BAKER SURVEY, ABSTRACT NO. 64, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF AND À PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO MILWOOD JOINT VENTURE II, OF RECORD IN VOLUME 2,177 PAGE 620,OF THE WILLIAMSON COUNTY, TEXAS, DEED RECORDS SAID TRACT BEING 2.113 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: abinet k Slide 113 1.
2.
WATER AND WASTEWATER SYSTEMS SERVING THIS SUBDIVISION SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE WITH THE CITY OF AUSTIN AND STATE HEALTH DEPARTMENT PLANS AND SPECIFICATIONS.
PLANS AND SPECIFICATIONS SHALL BE SUBMITTED TO THE CITY OF AUSTIN, WATER AND WASTEWATER DEPARTMENT FOR REVIEW.
NO LOT WITHIN THIS SUBDIVISION SHALL BE OCCUPIED UNTIL CONNECTION IS MADE TO THE NORTH AUSTIN M.U.D. NO. I, WATER & WASTEWATER SYSTEMS.
3. SITE DEVELOPMENT PERMIT: PRIOR TO CONSTRUCTION, EXCEPT DETACHED SINGLE FAMILY OR DUPLEX, ON ANY LOT IN THIS SUBDIVISION, A SITE DEVELOPMENT PERMIT MUST BE OBTAINED FROM THE CITY OF AUSTIN.
SYSTEMS.
3. SITE DEVELOPMENT PERMIT: PRIOR TO CONSTRUCTION, EXCEPT DETACHED SINGLE FAMILY OR DUPLEX, ON ANY LOT IN THIS SUBDIVISION, A SITE DEVELOPMENT PERMIT MUST BE OBTAINED FROM THE CITY OF AUSTIN.
4. DETENTION NOTE: PRIOR TO CONSTRUCTION ON ANY LOT IN THIS SUBDIVISION, DRAINAGE PLANS WILL BE SUBMITTED TO THE CITY OF AUSTIN, DEPARTMENT OF PLANNING AND DEVELOPMENT FOR REVIEW. RAINFALL RUNOFF WILL BE HELD TO THE AMOUNT ESTABLISHED BY THE REGIONAL DETENTION PLANS APPROVED BY THE CITY OF AUSTIN. RUN-OFF IN EXCESS OF THE AMOUNT ESTABLISHED FOR THE REGIONAL DETENTION SYSTEM SHALL BE DETAINED BY THE USE OF PONDING OR OTHER APPROVED METHODS.
5.
NO OBJECTS, INCLUDING BUT NOT LIMITED TO BUILDINGS, FENCES, LANDSCAPING OR OTHER STRUCTURES SHALL BE ALLOWED IN THE DRAINAGE EASEMENT EXCEPT AS APPROVED BY THE CITY OF AUSTIN/COUNTY ENGINEER.
6. FOR A MINIMUM TRAVEL DISTANCE OF 25 FELT FROM THE ROADWAY EDGE, DRIVEWAY GRADES MAY EXCEED 14% ONLY WITH SPECIFIC APPROVAL OF THE SURFACE AND GEOMETRIC DESIGN PROPOSALS BY THE URBAN TRANSPORTATION DEPARTMENT AND THE DEPARTMENT OF PLANNING AND DEVELOPMENT.
7. NO CUT OR FILL ON ANY LOT SHALL EXCEED A MAXIMUM OF FOUR FEET OF DEPTH. EXCEPT FOR STRUCTURAL EXCAVATION, NO CUT ON ANY LOT SHALL BE GREATER THAN FOUR FEET.
8. EROSION CONTROLS ARE REQUIRED FOR ALL CONSTRUCTION ON INDIVIDUAL LOTS, INCLUDING DETACHED SINGLE FAMILY AND DUPLEX CONSTRUCTION, IN ACCORDANCE WITH THE CITY OF AUSTIN'S ENVIRONMENTAL CRITERIA MANUAL.
9.
10.
11.
ALL SIGNS SHALL BE IN ACCORDANCE WITH THE AUSTIN SIGN ORDINANCE, CHAPTER 13-2, ARTICLE VII.
THIS SUBDIVISION SHALL BE DEVELOPED, CONSTRUCTED, AND MAINTAINED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CHAPTER 13-2, ARTICLE V, AND CHAPTER 13-7, ARTICLE I, OF THE 1981 CITY CODE
ARTICLE VII.
THIS SUBDIVISION SHALL BE DEVELOPED, CONSTRUCTED, AND MAINTAINED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CHAPTER 13-2, ARTICLE V, AND CHAPTER 13-7, ARTICLE I, OF THE 1981 CITY CODE OF AUSTIN AS AMENDED. LAND IN THIS SUBDIVISION IS RESTRICTED TO THE IMPERVIOUS COVER LIMITATION OF CHAPTER 13-2, ARTICLE V OF THE 1981 CITY CODE OF AUSTIN AS AMENDED.
MAINTENANCE OF THE WATER QUALITY CONTROLS REQUIRED ABOVE SHALL BE TO THE STANDARDS AND SPECIFICATIONS CONTAINED IN CHAPTER 13-7, ARTICLE 1, THE ENVIRONMENTAL CRITERIA MANUAL, AND OTHER ORDINANCES AND REGULATIONS OF THE CITY.
BEGINNING AT AN IRON ROD SET IN THE CURVING NORTHERLY R.O.W. LINE OF TAMAYO DRIVE OF RECORD IN VOLUME 1976 PAGE 450 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS FOR THE MOST WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH SAID POINT OF BEGINNING THE NORTHEAST CORNER MILWOOD SECTION THIRTY-TWO A, A SUBDIVISION OF RECORD IN CABINET I, SLIDES 64-67 OF THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS BEARS S65 54'38"E 268.11 FEET AND FROM WHICH SAID POINT OF BEGINNING THE NORTHWEST CORNER OF THE W.J. BAKER SURVEY, ABSTRACT NO. 64, BEARS N76°19'15"W 2892.17 FEET; THENCE LEAVING SAID TAMAYO DRIVE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT N36 42 31"W 125.00 FEET то AN IRON ROD SET FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N56°14'05"E 120.17 FEET ΤΟ AN IRON ROD SET AND N71°44'00"E 349.42 FEET TO AN IRON ROD SET FOR THE MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR AN EAST LINE OF THE HEREIN DESCRIBED TRACT S18°16'00"E 120.00 FEET ΤΟ AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT;
EIN DESCRIBED TRACT; THENCE FOR AN EAST LINE OF THE HEREIN DESCRIBED TRACT S18°16'00"E 120.00 FEET ΤΟ AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N71°44'00"E 251.78 FEET TO AN IRON ROD SET FOR THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE LEAVING SAID TAMAYO DRIVE FOR A EAST LINE OF THE HEREIN DESCRIBED TRACT S18 16'00"E 125.00 FEET TO AN IRON ROD SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A SOUTH LINE OF THE HEREIN DESCRIBED TRACT S71°44'00W 251.78 FEET TO AN IRON ROD SET FOR THE MOST SOUTH SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT N18°16'00"W 125.00 FEET TO AN IRON ROD SET IN THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE CROSSING SAID TAMAYO DRIVE N28°23'16"W 71.11 FEET TO AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE NORTH LINE OF SAID TAMAYO DRIVE FOR A SOUTH LINE OF THE HEREIN DESCRIBED TRACT S71 44'00"W 236.61 FEET TO AN IRON ROD FOUND AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 597.63 FEET AND AN ARC DISTANCE OF 192.36 FEET WHOSE CHORD BEARS S62°30'45"W 191.53 FEET TO THE PLACE OF BEGINNING CONTAINING 2.113 ACRES OF LAND.
Sheet 2 of 2 C8-92-0034.0A B 30817 FILED FOR RECORD SEP 18 1992 Elaine Bis Hegell County Clerk William TX PARMER LANE ANDERSON MILL Lake Creek TAMAYO DRIVE Han SITE MCNEIL RD. son Cour ROBINSON RANCH Vol
C8-92-0034.0A B 30817 FILED FOR RECORD SEP 18 1992 Elaine Bis Hegell County Clerk William TX PARMER LANE ANDERSON MILL Lake Creek TAMAYO DRIVE Han SITE MCNEIL RD. son Cour ROBINSON RANCH Vol MILWOOD SUBDIVISION CONSTRUCTION AGREEMENT Vol. 2192, pg. 890 Official Records, WCT N56°14'05"E N36°42'31W 125.00' 120.17' 80 N250526 2125.00 TAMAYO DRIVE N 71°44'00"E Cz MILWOOD SEC THIRTY-THREE A CAS.
> Slides 10 109 SLIDES 64-67 AILWOOD SEC. THIRTY-TWO M.00.91 349.42' SECTION THIRTY-THREE 63.00 -60.00 165.00'-60.00" 120.11 SPUE M.00.91.81 7.5'P.U.E.
3 3 25'8.L.
2 ལ '51.61 60.00' 65.00' 60.00 236.61' 70.00' " -N71°44'00"E 9.11' N18°16'00" W M.00.91.81N 120.00' ROBINSON RANCH Submitted: March 16, 1992 Vol. 1/97, Pg. 164 N 71°44'00"E 251.78' Scale: 1"100' TAMAYO DRIVE 70'R.O.W.
R.O.W. Deed Vol. 1976, Pg. 454 D.E. PUE. Vol. 2015, Pg. 867 25'8.L. VV 65.00 5 4 = 3 2 7.5' P..E.
460.00-$65.00'---61.78'--65.00 -571°44'00"W 251.78' ROBINSON RANCH Vol. 1197, Pg. 164 LANE PARMER F.M. 620 US. HWY. 183 103 102 BLACK CANYON DRIVE MILWOOD 105 106 107 STATE OF TEXAS: COUNTY OF WILLIAM: KNOW ALL MEN BY THESE PRESENTS: CHORD DATA 101 "R" CURVE DATA CI Arc 11.39' A = 18°26'3/" 100 C2 59.79' R= 597.63' T= 97.02' C3 59.79' Chord 11.39' 59.77' 59.77' 99 A = 192.36' C4 61.40' 61.37' Bearing 562°02'37"W S56°14'05"W ° B.L.
C = 191.53' S62°30'45"W PU.E.
D.E.
" (FF) THAT MILWOOD JOINT VENTURE II, A TEXAS JOINT VENTURE ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, HAVING ITS HOME OFFICE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING COMPOSED AND ACTING THROUGH, BILL MILBURN, INCORPORATED, ACTING HEREIN BY AND THROUGH BILL MILBURN, ITS PRESIDENT, AND
TEXAS, HAVING ITS HOME OFFICE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING COMPOSED AND ACTING THROUGH, BILL MILBURN, INCORPORATED, ACTING HEREIN BY AND THROUGH BILL MILBURN, ITS PRESIDENT, AND PALMAR ASSOCIATES, LTD., ACTING HEREIN BY THROUGH ITS GENERAL PARTNERS, A.H. ROBINSON, III, AND JOHN OSCAR ROBINSON, BEING OWNERS OF A 2.113 ACRE TRACT OR PARCEL OF LAND OUT OF THE W.J. BAKER SURVEY NO. 64, SITUATED IN WILLIAMSON COUNTY, TEXAS SAID 2.113 ACRE TRACT BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO THEM BY DEED RECORDED IN VOLUME 2177 PAGE 620 OF THE REAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS, DO HEREBY SUBDIVIDE SAID 2.113 ACRES IN ACCORDANCE WITH THE ATTACHED PLAT TO BE KNOWN AS "MILWOOD SECTION THIRTY-THREE B", AND DO HEREBY DEDICATE TO THE PUBLIC THE USE OF THE STREETS AND EASEMENTS SHOWN HEREON SUBJECT TO ANY EASEMENTS AND/OR RESTRICTIONS HERETOFORE GRANTED AND NOT RELEASED.
ACRE PRIOR TO GRADING, ANY TYPE OF EARTH MOVING, CONSTRUCTION OF, ON OR UNDER THE LAND IN THIS SUBDIVISION, A DRAINAGE PLAN DESIGNED BY A REGISTERED PROFESSIONAL ENGINEER SHALL BE SUBMITTED FOR THE PROPOSED DEVELOPMENT, AND MODIFICATION THEREOF TO THE CITY OF AUSTIN AND THE COMMISSIONER'S COURT OF WILLIAMSON COUNTY FOR REVIEW AND APPROVAL. IT IS FURTHER UNDERSTOOD THAT THE ENFORCEMENT OF THE PLAT RESTRICTION IS THE RESPONSIBILITY OF THE DEVELOPEROWNER; HOWEVER, THE CITY AND COMMISSIONER'S COURT OF WILLIAMSON COUNTY SHALL HAVE THE RIGHT AND AUTHORITY TO ENFORCE THE PLAT RESTRICTIONS THROUGH APPROPRIATE LEGAL PROCEDURE TO PROHIBIT THE CONSTRUCTION, CONNECTION OF UTILITIES OR ISSUING OF PERMITS UNLESS OR UNTIL THE REQUIREMENTS OF THE PLAT RESTRICTIONS HAVE BEEN ACHIEVED.
WITNESS MY HAND THIS THE MILWOOD JOINT VENTURE II BY: DAY OF •August, 1992.
CONNECTION OF UTILITIES OR ISSUING OF PERMITS UNLESS OR UNTIL THE REQUIREMENTS OF THE PLAT RESTRICTIONS HAVE BEEN ACHIEVED.
WITNESS MY HAND THIS THE MILWOOD JOINT VENTURE II BY: DAY OF •August, 1992.
BILL MILBURN INCORPORATED JOINT VENTURER Be huse BILL MILBURN, PRESIDENT P.O. BOX 9802 AUSTIN, TEXAS 78766 WITNESS OUR HANDS THIS THE 19th DAY OF August, IS PALMAR ASSOCIATES, LTD., A TEXAS PARTNERSHIP BY: A.H. ROBINSON, III, GENERAL PARTNER .H. Louison A.H. ROBINSON, III, GENERAL PARTNER P.O. BOX 9556 AUSTIN, TEXAS 78766 PALMAR ASSOCIATES, LTD., A TEXAS PARTNERSHIP BY: JOHN OSCAR ROBINSON, GENERAL PARTNER JOHN OSCAR ROBINSON, GENERAL PARTNER P.O. BOX 9556 AUSTIN, TEXAS 78766 1992.
STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE Quant LOCATION MAP N.T.S.
LEGEND IRON ROD FOUND IRON ROD SET SIDEWALK LOCATION BUILDING SETBACK LINE PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT CONC MONUMENT FOUND BLOCK DESIGNATION 19 DAY OF 1992, BY A.H. ROBINSON, III, GENERAL PARTNER, PALMAR ASSOCIATS, LTD., A TEXAS PARTNERSHIP.
STATE OF TEXAS COUNTY OF TRAVIS Dotachy Warper (Signature) (Printed Name) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE august 1992, BY JOHN OSCAR ROBINSON, PALMAR AS OCTATES, LTD., - Å TEXAS PARTNERSHIP.
APPROVED FOR ACCEPTANCE: DAY OF DOROTHY WARREN Notary Public, State of Texas My Commission Expres DEC. 6, 1992 GENERAL PARTNER, Day W (Signature) (Printed Name) JEH GHTER, DIRECTOR, DEPT. OF PLANNING AND DEVELOPMENT 9/10/92 DATE DOROTHY WARREN Notary Public. State of Texas My Commission Expires DEC. 5, 1992 ACCEPTED AND AUTHORIZED FOR RECORD BY THE PLANNING COMMISSION OF THE CITY OF AUSTAN ON THE 8 DAY OF Sept, 1992, A.1.
CHAIRPERSON, DR. GAIL GEMBER brooks SECRETARY, DON DOUBE Props Passon
DEC. 5, 1992 ACCEPTED AND AUTHORIZED FOR RECORD BY THE PLANNING COMMISSION OF THE CITY OF AUSTAN ON THE 8 DAY OF Sept, 1992, A.1.
CHAIRPERSON, DR. GAIL GEMBER brooks SECRETARY, DON DOUBE Props Passon THIS SUBDIVISION HAS BEEN APPROVED FOR CENTRALIZED DELIVERY SERVICE AND THE STREET NAMES ARE APPROVED BY THE POST OFFICE.
APPROVED BY: Wayne Rogers WAYNE D.
STMASTER 4/7/92 DATE JN APPROVING THIS PLAT BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, IT IS UNDERSTOOD THAT THE BUILDING OF ALL STREETS, ROADS AND OTHER PUBLIC THROROUGHFARES AND ANY BRIDGES AND CULVERTS NECESSARY TO BE CONSTRUCTED OR PLACED SUCH STREETS, ROADS AND OTHER PUBLIC THOROUHGFARES AS SHOWN ON THIS PLAT, OR IN CONNECTION THEREWITH, SHALL BE THE RESPONSIBILITY OF THE OWNER AND/OR DEVELOPER OF THE TRACT OF LAND COVERED BY THIS PLAT, IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PRESCRIBED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, AND SAID COURT ASSUMES NO OBLIGATION TO BUILD OR MAINTAIN ANY OF THE STREETS, ROADS OR OTHER PUBLIC THOROUGHFARES SHOWN ON THIS PLAT, OR OF CONSTRUCTING ANY BRIDGES OR CULVERTS IN CONNECTION THEREWITH. IT IS FURTHER UNDERSTOOD THAT UPON COMPLETION OF THE AFORESAID OBLIGATIONS OF THE DEVELOPER AND 60% OCCUPANCY OF THE LOTS ALONG THE ROADWAYS AND STREETS HAS BEEN ACHIEVED, AND ALL DRIVEWAY AND DRAINPIPES HAVE BEEN INSTALLED, ON WRITTEN PERMISSION FROM THE COUNTY COMMISSIONER, THE COMMISSIONERS COURT ASSUMES FULL RESPOSIBILITY FOR MAINTENANCE OF SAID STREETS.
STATE OF TEXAS COUNTY OF TRAVIS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS THE August INCORPORATED.
1992, BY DAY OF BILL MILBURN, PRESIDENT, BILL MILBURN Adnane Danil (Signature) (Printed Name) THE STATE OF TEXAS: COUNTY OF WILLIAMSON: I, John
ACKNOWLEDGED BEFORE ME ON THIS THE August INCORPORATED.
1992, BY DAY OF BILL MILBURN, PRESIDENT, BILL MILBURN Adnane Danil (Signature) (Printed Name) THE STATE OF TEXAS: COUNTY OF WILLIAMSON: I, John HEREBY CERTIFY THAT THIS MAP OR PLAT, WITH WRITTEN FIELD NOTES SHOWN HEREON, AND THE SURVEYORS CERTIFICATE APPEARING HEREON, THAT "MILWOOD SECTION THIRTYTHREE B", HAVING BEEN DULY PRESENTED TO THE COMMISSIONERS COURT OF WILLIAMSON COUNTY, TEXAS, AND BY SAID COURT DULY CONSIDERED, WERE ON THIS DAY APPROVED, AND SAID PLAT IS AUTHORIZED TO BE REGISTERED AND RECORDED IN THE PROPERTY RECORDS OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS.
Doenfler, COUNTY JUDGE OF WILLIAMSON COUNTY, TEXAS, DO 9-14-92 DATE Doerfler JOHN DOERFLER, COUNTY JUDGE V WILLIAMSON COUNTY, TEXAS C8-92-0834.0A Cabinet K Slide 112 Sheet 1 of 2 MILWOOD SECTION THIRTY-THREE B 12. ALL STREETS IN THIS SUBDIVISION WILL BE CONSTRUCTED ΤΟ THE CITY OF AUSTIN URBAN STREET THE STATE OF TEXAS: COUNTY OF WILLIAMSON: I, ELAINE BIZZELL, CLERK OF THE COUNTY COURT, WITHIN AND FOR THE COUNTY AND STATE AFORESAID, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT OF WRITING, WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE ON THE 18+ DAY OF September 1992, A.D., AT 11:00 O'CLOCK A.M., and WAS DULY RECORDED ON THE DAY OF September O'CLOCK 2.M., IN THE PLAT RECORDS OF SAID COUNTY, IN CABINET ✓ AT SLIDE(S) 112-113.
WITNESS MY HAND AND SEAL OF THE COUNTY COURT OF SAID COUNTY, AT OFFICE IN GEORGETOWN, TEXAS, THE DATE LAST WRITTEN ABOVE.
ELAINE BIZZELL BY Lielie , CLERK, COUNTY COURT, WILLIAMSON COUNTY, TEXAS Hangett COUNTY COURT COUNTY TEXA TE WILLIAMISON STANDARDS.
13. SIDEWALKS ARE REQUIRED ALONG EACH SIDE OF TAMAYO DRIVE, TO CITY OF AUSTIN STANDARDS.
elie , CLERK, COUNTY COURT, WILLIAMSON COUNTY, TEXAS Hangett COUNTY COURT COUNTY TEXA TE WILLIAMISON STANDARDS.
13. SIDEWALKS ARE REQUIRED ALONG EACH SIDE OF TAMAYO DRIVE, TO CITY OF AUSTIN STANDARDS.
14. SIDEWALKS SHALL BE COMPLETED PRIOR TO THE ACCEPTANCE OF ANY TYPE I, TYPE II, OR TYPE IV DRIVEWAY APPROACH AND ISSUANCE OF A CERTIFICATE OF COMPLIANCE OR OCCUPANCY.
15. WATER AND SEWER DISTRICT NO. 1.
SERVICE FOR THIS SUBDIVISION WILL BE PROVIDED BY NORTH AUSTIN MUNICIPAL 16. THIS SUBDIVISION PLAT WAS APPROVED AND RECORDED BEFORE THE CONSTRUCTION AND ACCEPTANCE OF STREETS AND OTHER SUBDIVISION IMPROVEMENTS. PURSUANT TO THE TERMS OF A SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE SUBDIVIDER AND THE CITY OF AUSTIN, DATED September 9, 1992, THE SUBDIVIDER IS RESPONSIBLE FOR THE CONSTRUCTION OF ALL IMPROVEMENTS NEEDED TO SERVE THE LOTS WITHIN THE SUBDIVISION. THIS RESPONSIBILITY MAY BE ASSIGNED IN ACCORDANCE WITH THE TERMS OF THAT AGREEMENT.
17.
FOR THE SUBDIVISION IMPROVEMENTS AGREEMENT PERTAINING TO THIS SUBDIVISION, SEE SEPARATE INSTRUMENT RECORDED IN VOLUME 2192 PAGE 890, IN THE DEED RECORDS OF TRAVIS COUNTY, TEXAS.
THIS PROPERTY SHALL BE DEVELOPED AND MAINTAINED IN ACCORDANCE WITH THE "AGREEMENT CONCERNING CREATION AND OPERATION OF THE NORTH AUSTIN M.U.D.
No. 1".
LAND USE SHALL CONFORM WITH THE REFERENCED LAND PLAN.
SURVEYOR CERTIFICATE: I, BILLY H. TRIMBLE, AM AUTHORIZED UNDER THE LAWS OF THE STATE OF TEXAS TO PRACTICE THE PROFESSION OF SURVEYING AND HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH TITLE 13 OF THE AUSTIN CITY CODE, OF 1981, AS AMENDED, IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND.
SURVEYING BY: TRIMBLE & ASSOCIATES LAND SURVEYING BILLY H. TRIBLE, R.P.S #4037 4.15.92 DATE
ECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY SUPERVISION ON THE GROUND.
SURVEYING BY: TRIMBLE & ASSOCIATES LAND SURVEYING BILLY H. TRIBLE, R.P.S #4037 4.15.92 DATE 1250 CAPITAL OF TEXAS HIGHWAY, II-212 AUSTIN, TEXAS 78746 STATE BILLY H TRIMBLE ENGINEER CERTIFICATE: 4037 UR I, FRED C. LOCKWOOD, AM AUTHORIZED UNDER THE LAWS OF THE STATE OF TEXAS TO PRACTICE THE PROFESSION OF ENGINEERING, AND HEREBY CERTIFY THAT THIS PLAT IS FEASIBLE FROM AN ENGINEERING STANDPOINT AND COMPLIES WITH THE ENGINEERING RELATED PORTIONS OF TITLE 13 OF THE AUSTIN CITY CODE OF 1981, AS AMENDED, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
FLOODPLAIN NOTE: THIS SUBDIVISION IS NOT WITHIN THE 100-YEAR FLOODPLAIN OF ANY WATERCOURSE. SEE ALSO FEDERAL FLOOD INSURANCE ADMINISTRATION FIRM PANEL #48491C0325C DATED SEPTEMBER 27, 1991, FOR WILLIAMSON COUNTY, TEXAS.
NO LOT WITHIN THIS SUBDIVISION IS ENCROACHED BY ANY AREA WHICH IS SUBJECT TO 1% CHANCE OF FLOODING DURING ANY GIVEN YEAR.
THIS TRACT IS LOCATED WITHIN THE EDWARDS AQUIFER RECHARGE ZONE.
red loca FRED C. LOCKWOOD, E.
LOCKWOOD ENGINEERS, INC.
1250 CAPITAL OF TEXAS HIGHWAY, III AUSTIN, TX 78746 OF TEXAS 1-13-92 LOGALOOD ATE CISTEAL SIONAL GENERAL NOTE: SEAL IS SAID "BASED UPON THE ABOVE REPRESENTATIONS OF THE ENGINEER OR SURVEYOR WHOSE AFFIXED HERETO, AND AFTER A REVIEW OF THE PLAT AS REPRESENTED BY THE ENGINEER OR SURVEYOR, I FIND THAT THIS PLAT COMPLIES WITH THE REQUIREMENTS OF EDWARDS AQUIFER REGULATIONS FOR WILLIAMSON COUNTY. THE WILLIAMSON COUNTY FLOOD PLAIN REGULATIONS, AND WILLIAMSON COUNTY ON-SITE SEWERAGE FACILITY REGULATIONS. THIS CERTIFICATION I MADE SOLELY UPON SUCH REPRESENTATIONS AND SHOULD NOT BE RELIED UPON FOR VERIFICATIONS OF THE FACTS
PLAIN REGULATIONS, AND WILLIAMSON COUNTY ON-SITE SEWERAGE FACILITY REGULATIONS. THIS CERTIFICATION I MADE SOLELY UPON SUCH REPRESENTATIONS AND SHOULD NOT BE RELIED UPON FOR VERIFICATIONS OF THE FACTS THE WILLIAMSON COUNTY HEALTH DISTRICT AND WILLIAMSON COUNTY DISCLAIMS ANY RESPONSIBILITY TO ANY MEMBER OF THE PUBLIC FOR INDEPENDENT VERIFICATION OF THE REPRESENTATIONS, FACTUAL OR OTHERWISE, CONTAINED IN THIS PLAT AND THE DOCUMENTS ASSOCIATED WITH IT.
ALLEGED.
Purcell by D.M.ACK PURCELL DIRECTOR OF ENVIRONMENTAL SERVICES" 04/13/92 BEING METES AND BOUNDS DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND PART OF THE W.J.
BAKER SURVEY, ABSTRACT NO. 64, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF AND À PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO MILWOOD JOINT VENTURE II, OF RECORD IN VOLUME 2,177 PAGE 620,OF THE WILLIAMSON COUNTY, TEXAS, DEED RECORDS SAID TRACT BEING 2.113 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: abinet k Slide 113 1.
2.
WATER AND WASTEWATER SYSTEMS SERVING THIS SUBDIVISION SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE WITH THE CITY OF AUSTIN AND STATE HEALTH DEPARTMENT PLANS AND SPECIFICATIONS.
PLANS AND SPECIFICATIONS SHALL BE SUBMITTED TO THE CITY OF AUSTIN, WATER AND WASTEWATER DEPARTMENT FOR REVIEW.
NO LOT WITHIN THIS SUBDIVISION SHALL BE OCCUPIED UNTIL CONNECTION IS MADE TO THE NORTH AUSTIN M.U.D. NO. I, WATER & WASTEWATER SYSTEMS.
3. SITE DEVELOPMENT PERMIT: PRIOR TO CONSTRUCTION, EXCEPT DETACHED SINGLE FAMILY OR DUPLEX, ON ANY LOT IN THIS SUBDIVISION, A SITE DEVELOPMENT PERMIT MUST BE OBTAINED FROM THE CITY OF AUSTIN.
4. DETENTION NOTE: PRIOR TO CONSTRUCTION ON ANY LOT IN THIS SUBDIVISION, DRAINAGE PLANS WILL BE
LEX, ON ANY LOT IN THIS SUBDIVISION, A SITE DEVELOPMENT PERMIT MUST BE OBTAINED FROM THE CITY OF AUSTIN.
4. DETENTION NOTE: PRIOR TO CONSTRUCTION ON ANY LOT IN THIS SUBDIVISION, DRAINAGE PLANS WILL BE SUBMITTED TO THE CITY OF AUSTIN, DEPARTMENT OF PLANNING AND DEVELOPMENT FOR REVIEW. RAINFALL RUNOFF WILL BE HELD TO THE AMOUNT ESTABLISHED BY THE REGIONAL DETENTION PLANS APPROVED BY THE CITY OF AUSTIN. RUN-OFF IN EXCESS OF THE AMOUNT ESTABLISHED FOR THE REGIONAL DETENTION SYSTEM SHALL BE DETAINED BY THE USE OF PONDING OR OTHER APPROVED METHODS.
5.
NO OBJECTS, INCLUDING BUT NOT LIMITED TO BUILDINGS, FENCES, LANDSCAPING OR OTHER STRUCTURES SHALL BE ALLOWED IN THE DRAINAGE EASEMENT EXCEPT AS APPROVED BY THE CITY OF AUSTIN/COUNTY ENGINEER.
6. FOR A MINIMUM TRAVEL DISTANCE OF 25 FELT FROM THE ROADWAY EDGE, DRIVEWAY GRADES MAY EXCEED 14% ONLY WITH SPECIFIC APPROVAL OF THE SURFACE AND GEOMETRIC DESIGN PROPOSALS BY THE URBAN TRANSPORTATION DEPARTMENT AND THE DEPARTMENT OF PLANNING AND DEVELOPMENT.
7. NO CUT OR FILL ON ANY LOT SHALL EXCEED A MAXIMUM OF FOUR FEET OF DEPTH. EXCEPT FOR STRUCTURAL EXCAVATION, NO CUT ON ANY LOT SHALL BE GREATER THAN FOUR FEET.
8. EROSION CONTROLS ARE REQUIRED FOR ALL CONSTRUCTION ON INDIVIDUAL LOTS, INCLUDING DETACHED SINGLE FAMILY AND DUPLEX CONSTRUCTION, IN ACCORDANCE WITH THE CITY OF AUSTIN'S ENVIRONMENTAL CRITERIA MANUAL.
9.
10.
11.
ALL SIGNS SHALL BE IN ACCORDANCE WITH THE AUSTIN SIGN ORDINANCE, CHAPTER 13-2, ARTICLE VII.
THIS SUBDIVISION SHALL BE DEVELOPED, CONSTRUCTED, AND MAINTAINED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CHAPTER 13-2, ARTICLE V, AND CHAPTER 13-7, ARTICLE I, OF THE 1981 CITY CODE OF AUSTIN AS AMENDED. LAND IN THIS SUBDIVISION IS RESTRICTED TO THE IMPERVIOUS COVER
RDANCE WITH THE TERMS AND CONDITIONS OF CHAPTER 13-2, ARTICLE V, AND CHAPTER 13-7, ARTICLE I, OF THE 1981 CITY CODE OF AUSTIN AS AMENDED. LAND IN THIS SUBDIVISION IS RESTRICTED TO THE IMPERVIOUS COVER LIMITATION OF CHAPTER 13-2, ARTICLE V OF THE 1981 CITY CODE OF AUSTIN AS AMENDED.
MAINTENANCE OF THE WATER QUALITY CONTROLS REQUIRED ABOVE SHALL BE TO THE STANDARDS AND SPECIFICATIONS CONTAINED IN CHAPTER 13-7, ARTICLE 1, THE ENVIRONMENTAL CRITERIA MANUAL, AND OTHER ORDINANCES AND REGULATIONS OF THE CITY.
BEGINNING AT AN IRON ROD SET IN THE CURVING NORTHERLY R.O.W. LINE OF TAMAYO DRIVE OF RECORD IN VOLUME 1976 PAGE 450 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS FOR THE MOST WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH SAID POINT OF BEGINNING THE NORTHEAST CORNER MILWOOD SECTION THIRTY-TWO A, A SUBDIVISION OF RECORD IN CABINET I, SLIDES 64-67 OF THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS BEARS S65 54'38"E 268.11 FEET AND FROM WHICH SAID POINT OF BEGINNING THE NORTHWEST CORNER OF THE W.J. BAKER SURVEY, ABSTRACT NO. 64, BEARS N76°19'15"W 2892.17 FEET; THENCE LEAVING SAID TAMAYO DRIVE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT N36 42 31"W 125.00 FEET то AN IRON ROD SET FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N56°14'05"E 120.17 FEET ΤΟ AN IRON ROD SET AND N71°44'00"E 349.42 FEET TO AN IRON ROD SET FOR THE MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR AN EAST LINE OF THE HEREIN DESCRIBED TRACT S18°16'00"E 120.00 FEET ΤΟ AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT;
°16'00"E 120.00 FEET ΤΟ AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N71°44'00"E 251.78 FEET TO AN IRON ROD SET FOR THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE LEAVING SAID TAMAYO DRIVE FOR A EAST LINE OF THE HEREIN DESCRIBED TRACT S18 16'00"E 125.00 FEET TO AN IRON ROD SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A SOUTH LINE OF THE HEREIN DESCRIBED TRACT S71°44'00W 251.78 FEET TO AN IRON ROD SET FOR THE MOST SOUTH SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT N18°16'00"W 125.00 FEET TO AN IRON ROD SET IN THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE CROSSING SAID TAMAYO DRIVE N28°23'16"W 71.11 FEET TO AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE NORTH LINE OF SAID TAMAYO DRIVE FOR A SOUTH LINE OF THE HEREIN DESCRIBED TRACT S71 44'00"W 236.61 FEET TO AN IRON ROD FOUND AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 597.63 FEET AND AN ARC DISTANCE OF 192.36 FEET WHOSE CHORD BEARS S62°30'45"W 191.53 FEET TO THE PLACE OF BEGINNING CONTAINING 2.113 ACRES OF LAND.
Sheet 2 of 2 C8-92-0034.0A STATE OF TEXAS COUNTY OF WILLIAMSON § ELECTRONICALLY RECORDED 2016113327 Williamson County, Texas Total Pages: 5 NOTICE OF DEDICATORY INSTRUMENTS FOR THE BLUFFS AT MILWOOD OWNERS ASSOCIATION, INC.
.0A STATE OF TEXAS COUNTY OF WILLIAMSON § ELECTRONICALLY RECORDED 2016113327 Williamson County, Texas Total Pages: 5 NOTICE OF DEDICATORY INSTRUMENTS FOR THE BLUFFS AT MILWOOD OWNERS ASSOCIATION, INC.
Document reference. Reference is hereby made to that certain Declaration of Covenants, Conditions, and Restrictions Milwood Section Forty-A, filed as Document No 9853595 in the Official Records of Williamson County, Texas (together with all supplements and amendments, the “Declaration").
WHEREAS the Declaration provides that owners of lots subject to the Declaration are automatically made members of The Bluffs at Milwood Owners Association, Inc. (the "Association"); WHEREAS Section 202.006 of the Texas Property Code requires that a homeowners association record all dedicatory instruments in the county in which the related property is located; and WHEREAS the Association desires to file of record one or more dedicatory instruments in compliance with the cited statute; THEREFORE the Association does hereby file the attached dedicatory instruments of record to put members of the public on notice of their existence and substance.
THE BLUFFS OF MILWOOD OWNERS ASSOCIATION, INC.
Cheatre By: Chloe M. Love Title: Attorney-in-Fact Exhibit "A": Articles of Incorporation Acknowledgement STATE OF TEXAS COUNTY OF TRAVIS cos § § This instrument was executed before me on the Love in the capacity stated above.
NOTARY PUBL MARISSA T. NELSON Notary Public, State of Texas Notary ID# 130482486 My Commission Expires DECEMBER 30, 2019 2nd day of December, 2016, by Chloe M.
Notary Public, State of Texas After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 2016113327 Page 2 of 5
.
Notary Public, State of Texas After recording, please return to: Niemann & Heyer, L.L.P.
Attorneys At Law Westgate Building, Suite 313 1122 Colorado Street Austin, Texas 78701 2016113327 Page 2 of 5 File Server:CLIENTS:Bluffs@Milwood:NODIArticles 12-16.doc 2016113327 Page 3 of 5 ARTICLES OF INCORPORATION OF FILED In the Office of the Secretary of State of Texas SEP 14 1998 Corporations Section THE BLUFFS AT MILWOOD OWNERS ASSOCIATION, INC.
The undersigned natural person, being of the age of eighteen (18) years or more, a citizen of the State of Texas, acting as incorporator of a corporation under the Texas Nonprofit Corporation Act, does hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I Name The name of the corporation is: The Bluffs at Milwood Owners Association, Inc. (hereinafter called the "Association").
ARTICLE I Nonprofit Corporation The Association is a nonprofit corporation.
ARTICLE III Duration The period of its duration is perpetual.
ARTICLE IV Purpose and Powers of the Association The Association is organized in accordance with, and shall operate for nonprofit purposes pursuant to, the Texas Nonprofit Corporation Act, and does not contemplate pecuniary gain or profit to its members. The Association is formed for the sole purpose of exercising all of the powers and privileges, and performing all of the duties and obligations, of the Association as set forth in the Declaration of Covenants, Conditions, and Restrictions - Milwood Section Forty-A, dated September 10, 1998 and filed for record in the Official Records of Williamson County, Texas, as the same may be amended from time to time (the "Declaration").
ARTICLE V Registered Office; Registered Agent
ember 10, 1998 and filed for record in the Official Records of Williamson County, Texas, as the same may be amended from time to time (the "Declaration").
ARTICLE V Registered Office; Registered Agent The street address of the initial registered office of the Association is 4515 Seton Center Parkway, #200, Austin, Texas 78759. The name of its initial registered agent at such address is Terry E.
Mitchell.
SLCWINWORD HOA MWBLUFFSART DỌC -1Blumberg No. 5119 EXHIBIT A GODNOTU *7-40 2016113327 Page 4 of 5 ARTICLE VI Board of Directors The number of directors constituting the initial Board of Directors of the Association is three (3) and the names and address of the persons who are to serve as the mitial directors are: NAME Terry E. Mitchell Steve Herring Bryan Rome ADDRESS 4515 Seton Center Parkway Suite 200 Austin, Texas 78759 4515 Seton Center Parkway Suite 200 Austin, Texas 78759 4515 Seton Center Parkway Suite 200 Austin, Texas 78759 ARTICLE VII Incorporator The name and street address of the incorporator is: NAME Terry E. Mitchell -2SLCWINWORD HOA\WBLUFFSART DOC ADDRESS 4515 Seton Center Parkway Suite 200 Austin, Texas 78759 Slaee Terry E Mitchell, Incorporator ponude penati stranNGGO ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2016113327 Pages: 5 Fee: $33.00 12/02/2016 04:30 PM COUNTY Nansy E. Rester Nancy E. Rister, County Clerk Williamson County, Texas WILLIAMSU 2016113327 Page 5 of 5 ELECTRONICALLY RECORDED Williamson County Texas 2013076768 APPT ACCEPTANCE OF RESIGNATIONS AND APPOINTMENT OF MEMBERS TO ARCHITECTURAL CONTROL COMMITTEE WHEREAS, the Rattan Creek Neighborhood Association (“RCNA”) is the Declarant in these subdivisions known as Milwood Sections 22, 23, 26A, 26B, 27A, 27B, 28, 29, 30A, 30C,
CHITECTURAL CONTROL COMMITTEE WHEREAS, the Rattan Creek Neighborhood Association (“RCNA”) is the Declarant in these subdivisions known as Milwood Sections 22, 23, 26A, 26B, 27A, 27B, 28, 29, 30A, 30C, 31A, 32, 33A, 33B, 34, 35, 36, 37A, 38A and 38B (collectively "Subdivisions”) pursuant to certain Assignments filed of record as Document Nos. 2006039197, 2006034490, and 2006033348, in the Williamson County Official Public Records and Document No. 2006083432 of the Travis County Official Public Records; and WHEREAS, the RCNA previously appointed David Cazares, Brian Kerman and James Christopher Ott as members of the Architectural Control Committee for the Subdivisions; and WHEREAS, David Cazares and James Christopher Ott have submitted their resignations from the Architectural Control Committee; NOW, THEREFORE, the RCNA hereby accepts the resignations of David Cazares and James Christopher Ott and appoints the following persons as members of the Architectural Control Committee of the Subdivisions: Dan Richard Self Scott Dunham The RCNA hereby establishes the following address of the Architectural Control Committee for the submission of requests of any property owner of a lot within the Subdivisions to alter, modify, add to or remove any improvement, including buildings, walls or fences on such lot: RCNA-ACC P.O. Box 200584 Austin, Texas 78720-0584 EXECUTED this 18 day of July (WA505510 11 2013.
RATTAN CREEK NEIGHBORHOOD ASSOCIATION By: Resul Its: PRESIDENT THE STATE OF TEXAS COUNTY OF Williamson cos cos cos This instrument was acknowledged before me on the 18 day of July Renee Mullins President Association, on behalf of the association.
(Seal) JO ROVELLO JONES Notary Public, State of Texas My Commission Expires July 26, 2016 2013, by of Rattan Creek 'Neighborhood Boullo
nee Mullins President Association, on behalf of the association.
(Seal) JO ROVELLO JONES Notary Public, State of Texas My Commission Expires July 26, 2016 2013, by of Rattan Creek 'Neighborhood Boullo Notary Public Signature fones 2013076768 Electronically Recorded OFFICIAL PUBLIC RECORDS Nancy E. Rister Nancy E. Rister, County Clerk 2013 August 09 12:59 PM FEE: $20.00 PGS 3 Williamson County Texas ACCEPTANCE OF RESIGNATIONS AND APPOINTMENT OF MEMBERS TO ARCHITECTURAL CONTROL COMMITTEE REST 2 PGS 2009055817 WHEREAS, the Rattan Creek Neighborhood Association ("RCNA") is the Declarant in these subdivisions known as Milwood Sections 22, 23, 26A, 26B, 27A, 27B, 28, 29, 30A, 30C, 31A, 32, 33A, 33B, 34, 35, 36, 37A, 38A and 38B (collectively "Subdivisions”) pursuant to certain Assignments filed of record as Document Nos. 2006039197, 2006034490, and 2006033348, in the Williamson County Official Public Records and Document No. 2006083432 of the Travis County Official Public Records; and WHEREAS, the RCNA previously appointed Michelle Dent, Chuck Simms and Steve Wiehe as members of the Architectural Control Committee for the Subdivisions; and WHEREAS, Michelle Dent, Chuck Simms and Steve Wiehe have submitted their resignations from the Architectural Control Committee; NOW, THEREFORE, the RCNA hereby accepts the resignations of Michelle Dent, Chuck Simms and Steve Wiehe and appoints the following persons as members of the Architectural Control Committee of the Subdivisions: David Cazares Brian Kerman James Christopher Ott The RCNA hereby establishes the following address of the Architectural Control Committee for the submission of requests of any property owner of a lot within the Subdivisions
man James Christopher Ott The RCNA hereby establishes the following address of the Architectural Control Committee for the submission of requests of any property owner of a lot within the Subdivisions to alter, modify, add to or remove any improvement, including buildings, walls or fences on such lot: RCNA-ACC P.O. Box 200584 Austin, Texas 78720-0584 EXECUTED this 22 day of July 2009.
364836-1 07/21/2009 RATTAN CREEK NEIGHBORHOOD ASSOCIATION By: Its: Paper Bema President THE STATE OF TEXAS COUNTY OF Williamson cos cos cos § § This instrument was acknowledged before me on the 22 day of July Brian Kerman, Association, on behalf of the association.
(Seal) JO R. JONES MY COMMISSION EXPIRES November 6, 2011 2009, by of Rattan Creek Neighborhood For Sones Notary Public Signature 364836-1 07/21/2009 ARMBRUST & BROWN LLP 100 CONGRESS AVENUE STE 1300 AUSTIN, TX 78701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009055817 Nancy E. Rister 07/30/2009 04:32 PM SURRATT $20.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS MISC 7 PGS ACCEPTANCE OF ASSIGNMENT OF DECLARANT RIGHTS REGARDING ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP 2006056544 STATE OF TEXAS COUNTIES OF WILLIAMSON AND TRAVIS cos cos WHEREAS, Continental Homes of Texas, L.P., doing business as DR Horton, has assigned to Rattan Creek Neighborhood Association ("RCNA") certain rights of the Declarant in the subdivisions set forth in that certain Assignment of Declarant Rights Regarding Architectural Control Committee Membership ("Assignment”) filed of record as Document No. 2006034490 of the Williamson County Official Records, and Document No. 2006083432 of the Official Records of Travis County, Texas.
WHEREAS, the RCNA accepts the Assignment; WHEREAS, the RCNA desires to appoint members to the Architectural Control
ecords, and Document No. 2006083432 of the Official Records of Travis County, Texas.
WHEREAS, the RCNA accepts the Assignment; WHEREAS, the RCNA desires to appoint members to the Architectural Control Committees of the subdivisions set forth in the Assignment attached hereto as Exhibit “A”.
NOW, THEREFORE, the RCNA accepts the Assignment and appoints the following persons as members of the Architectural Control Committee for Milwood Sections 22, 23, 26A, 26B, 27A, 27B, 28, 29, 30A, 30C, 31A, 32, 33A and 33B ("Subdivisions"), of Williamson and Travis Counties, Texas: Michelle Dent Chuck Simms Steve Wiehe The RCNA hereby establishes the following address of the Architectural Control Committee for the submission requests of any property owner of a lot within any of the Subdivisions to alter, modify, add to or remove any improvement, including buildings, walls or fences, on such lot: RCNA-ACC 6001 W. Parmer Lane, Suite 370 PMB 182 Austin, Texas 78727 1 247623-1 06/28/2006 EXECUTED this the 1 STATE OF TEXAS COUNTY OF TRAVIS § § ves cas cos day of 1 July 2006.
RATTAN CREEK NEIGHBORHOOD ASSOCIATION By: Its: President This instrument JOHN LENZ acknowledged before me on JULY 1, 2006, by on behalf of said Association.
of the Rattan Creek Neighborhood Association (Seal) MARRON JUSTIN NOTARY KLUNDT PUBLIC STATE OF TEXAS EXPIRES 7-5-2009 2 247623-1 06/28/2006 Notary Public Signature Х THE STATE OF TEXAS COUNTY OF WILLIAMSON cos cos cos QUITCLAIM DEED 4 PGS 2006034490 DEED 4 PGS KNOW ALL MEN BY THESE PRESENTS: 2006083432 ☑ WHEREAS, Milwood Joint Venture, II ("Milwood JV") was formed as a Texas limited partnership; and WHEREAS, the Palmar Associates, Ltd. ("Palmar”) and Milburn Investments, Inc.
("Milburn") were the partners of Milwood JV; and
Venture, II ("Milwood JV") was formed as a Texas limited partnership; and WHEREAS, the Palmar Associates, Ltd. ("Palmar”) and Milburn Investments, Inc.
("Milburn") were the partners of Milwood JV; and WHEREAS, Milwood JV executed and recorded restrictive covenants for various subdivisions in Travis and Williamson Counties; and WHEREAS, such restrictive covenants for the various subdivisions provided in their terms and conditions that the Milwood JV would appoint the members of the architectural control committees for the various subdivisions; and WHEREAS, DR Horton has succeeded to all rights and interests of Milburn; NOW, THEREFORE, DR Horton of Williamson County, Texas ("First Party") for a full and valuable consideration to First Party in hand paid by Rattan Creek Neighborhood Association of Williamson County, Texas ("Second Party"), the receipt whereof is hereby acknowledged, and for the payment hereby conveyed, has QUITCLAIMED, and by these presents does QUITCLAIM unto Second Party all of First Party's right, title and interest in and to the rights and powers of Milwood Joint Venture II to appoint members of the architectural control committee for the following subdivisions: 1.
Milwood, Section 22, a subdivision in Travis County, Texas according to the map or plat thereof of record in Volume 83, Pages 213C-213D of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8370, Page 129 of the Deed Records of Travis County, Texas.
2.
Milwood, Section 23, a subdivision in Travis County, Texas according to the map or plat thereof of record in Volume 83, Pages 216c-217A of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8969, Page 305 of
to the map or plat thereof of record in Volume 83, Pages 216c-217A of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8969, Page 305 of the Deed Records of Travis County, Texas and filed of record at Volume 8375, Page 702 of the Official Records of Williamson County, Texas.
3. Milwood 26A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 53-55, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1348, Page 871 of the Official Records of Williamson County, Texas.
1 240091-1 04/03/2006 Exhibit A 4. Milwood 26B, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 80-82, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1231, Page 430 of the Official Records of Williamson County, Texas.
5.
Milwood, Section 27A, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 56-58, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1244, Page 762 of the Official Records of Williamson County, Texas.
6. Milwood, Section 27B, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 59-61, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1507, Page 10 of the Official Records of Williamson County, Texas.
7. Milwood, Section 28, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 334-336, Plat Records of Williamson County, Texas, for which Declarations
iamson County, Texas.
7. Milwood, Section 28, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 334-336, Plat Records of Williamson County, Texas, for which Declarations of Restrictions were filed of record in Volume 1147, Page 737 of the Official Records of Williamson County, Texas.
8.
Milwood, Section 29, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Volume G, Pages 113-115, Plat Records of Williamson County for which Declarations of Restrictions were filed of record at Volume 1208, Page 789 of the Official Records of Williamson County, Texas.
9.
Milwood, Section 30A, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet H, Slides 116-118, Plat Records of Williamson County, Texas for which Corrected Declaration of Restrictions are filed of record in Volume 1463, Page 486 of the Official Records of Williamson County, Texas.
10.
Milwood, Section 30C, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 73-78, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1655, Page 914 of the Official Records of Williamson County, Texas.
11.
Milwood, Section 31A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 130-137, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1761, Page 253 of the Official Records of Williamson County, Texas.
12. Milwood, Section 32, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet I, Pages 64-67, Plat Records of Williamson County,
Williamson County, Texas.
12. Milwood, Section 32, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet I, Pages 64-67, Plat Records of Williamson County, Texas for which Correction Declaration of Restrictions were filed of recorded in Volume 1933, Page 695 of the Official Records of Williamson County, Texas.
240091-1 04/03/2006 2 13.
Milwood, Section 33A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet K, Slides 110-111, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2221, Page 965 of the Official Records of Williamson County, Texas.
14.
Milwood, Section 33B, a subdivision in Williamson County, Texas according to the plat or map thereof filed of record in Cabinet K, Slides 112-113, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2253, Page 866 of the Official Records of Williamson County, Texas.
TO HAVE AND TO HOLD all of First Party's right, title and interest in and to the rights set forth above regarding the appointment and removal of members to the architectural control committee for each subdivision, unto Second Party and Second Party's successors and assigns, forever, so that neither First Party nor First Party's successors and assigns may, at any time have claim, or demand any right or title to such powers, or any part thereof.
Grantee's address: P.O. Box 200584 Austin, Texas 78720-0584 2006.
EXECUTED this the 25th day of April Continental Homes of Texas, L.P., a Texas limited partnership, dba DR Horton By: CHTEX of Texas, Inc., (a Delaware corporation), its sole general partner By: Richard N. Maier Vice President THE STATE OF TEXAS
tal Homes of Texas, L.P., a Texas limited partnership, dba DR Horton By: CHTEX of Texas, Inc., (a Delaware corporation), its sole general partner By: Richard N. Maier Vice President THE STATE OF TEXAS COUNTY OF is cos cos cos April 25th 2006, by Richard N.
This instrument was acknowledged before me on Maier, Vice President of CHTEX of Texas, Inc., sole general partner of Continental Homes of Texas, L.P., a Texas limited partnership, dba DR Horton, on behalf of said limited partnership.
(Sear THERESA LYNN AULD MY COMMISSION EXPIRES March 23, 2009 240091-1 04/03/2006 Notary Public, State of Texas 3 After recording, please return to: Sharlene N. Collins Armbrust & Brown, LLP 100 Congress Avenue, Suite 1300 Austin, TX 78701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006034490 Nancy E. Ruter 05/01/2006 04:55 PM ALLEN $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS Dana DeBeauvoir 2006 May 05 01:00 PM 2006083432 HERRERAR $28.00 DANA DEBEAUVOIR COUNTY CLERK TRAVIS COUNTY TEXAS After recording, please return to: Sharlene N. Collins Armbrust & Brown, LLP 100 Congress Avenue, Suite 1300 Austin, TX 78701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006056544 Nancy E. Ruter 07/07/2006 11:12 AM CARRILLO $40.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS MISC 2006056543 6 PGS ACCEPTANCE OF ASSIGNMENT OF DECLARANT RIGHTS REGARDING ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP STATE OF TEXAS COUNTIES OF WILLIAMSON AND TRAVIS 8888 cos WHEREAS, Palmar Associates, Ltd. has assigned to Rattan Creek Neighborhood Association ("RCNA”) certain rights of the Declarant in the subdivisions set forth in that certain Assignment of Declarant Rights Regarding Architectural Control Committee Membership
reek Neighborhood Association ("RCNA”) certain rights of the Declarant in the subdivisions set forth in that certain Assignment of Declarant Rights Regarding Architectural Control Committee Membership ("Assignment") filed of record as Document No. 2006033347 of the Williamson County Official Records, and Document No. 2006083433 of the Official Records of Travis County, Texas.
WHEREAS, the RCNA accepts the Assignment; WHEREAS, the RCNA desires to appoint members to the Architectural Control Committees of the subdivisions set forth in the Assignment attached hereto as Exhibit “A”.
NOW, THEREFORE, the RCNA accepts the Assignment and appoints the following persons as members of the Architectural Control Committee for Milwood Sections 23, 26A, 26B, 27A, 27B, 28, 29, 30A, 30C, 31A, 32, 33A and 33B (“Subdivisions”), of Williamson and Travis Counties, Texas: Michelle Dent Chuck Simms Steve Wiehe The RCNA hereby establishes the following address of the Architectural Control Committee for the submission requests of any property owner of a lot within any of the Subdivisions to alter, modify, add to or remove any improvement, including buildings, walls or fences, on such lot: 247622-1 06/28/2006 RCNA-ACC 6001 W. Parmer Lane, Suite 370 PMB 182 Austin, Texas 78727 1 EXECUTED this the day of Jarly eos cosess STATE OF TEXAS COUNTY OF TRAVIS This instrument JOHN LENZ on behalf of said Association.
(Seal) 2006.
RATTAN CREEK NEIGHBORHOOD ASSOCIATION By: Its: President me on JULY 1, 2006, by of the Rattan Creek Neighborhood Association acknowledged PRESIDENT before AARRON NOTARY JUSTIN STATE OF TEXAS 7-5-2009 Notary Public Signature 2 247622-1 06/28/2006 THE STATE OF TEXAS COUNTY OF WILLIAMSON cos cos cos QUITCLAIM DEED 3 PGS 2006033347 DEED 4 PGS
before AARRON NOTARY JUSTIN STATE OF TEXAS 7-5-2009 Notary Public Signature 2 247622-1 06/28/2006 THE STATE OF TEXAS COUNTY OF WILLIAMSON cos cos cos QUITCLAIM DEED 3 PGS 2006033347 DEED 4 PGS KNOW ALL MEN BY THESE PRESENTS: 2006083433 WHEREAS, Milwood Joint Venture, II ("Milwood JV") was formed as a Texas limited partnership; and WHEREAS, the Palmar Associates, Ltd. ("Palmar”) and Milburn Investments, Inc.
("Milburn") were the partners of Milwood JV; and WHEREAS, Milwood JV executed and recorded restrictive covenants for various subdivisions in Travis and Williamson Counties; and WHEREAS, such restrictive covenants for the various subdivisions provided in their terms and conditions that the Milwood JV would appoint the members of the architectural control committees for the various subdivisions; and WHEREAS, DR Horton has succeeded to all rights and interests of Milburn; NOW, THEREFORE, Palmar Associates, Ltd. of Williamson County, Texas ("First Party") for a full and valuable consideration to First Party in hand paid by Rattan Creek Neighborhood Association of Williamson County, Texas ("Second Party"), the receipt whereof is hereby acknowledged, and for the payment hereby conveyed, has QUITCLAIMED, and by these presents does QUITCLAIM unto Second Party all of First Party's right, title and interest in and to the rights and powers of Milwood Joint Venture II to appoint members of the architectural control committee for the following subdivisions: 1. Milwood, Section 23, a subdivision in Travis County, Texas according to the map or plat thereof of record in Volume 83, Pages 216c-217A of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8969, Page 305 of
to the map or plat thereof of record in Volume 83, Pages 216c-217A of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8969, Page 305 of the Deed Records of Travis County, Texas and filed of record at Volume 8375, Page 702 of the Official Records of Williamson County, Texas.
2.
Milwood 26A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 53-55, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1348, Page 871 of the Official Records of Williamson County, Texas.
3.
Milwood 26B, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 80-82, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1231, Page 430 of the Official Records of Williamson County, Texas.
239878-1 03/31/2006 Exhibit A 4 4.
Milwood, Section 27A, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 56-58, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1244, Page 762 of the Official Records of Williamson County, Texas.
5.
Milwood, Section 27B, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 59-61, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1507, Page 10 of the Official Records of Williamson County, Texas.
6.
Milwood, Section 28, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 334-336, Plat Records of Williamson County, Texas, for which Declarations
iamson County, Texas.
6.
Milwood, Section 28, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 334-336, Plat Records of Williamson County, Texas, for which Declarations of Restrictions were filed of record in Volume 1147, Page 737 of the Official Records of Williamson County, Texas.
7.
Milwood, Section 29, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Volume G, Pages 113-115, Plat Records of Williamson County for which Declarations of Restrictions were filed of record at Volume 1208, Page 789 of the Official Records of Williamson County, Texas.
8.
Milwood, Section 30A, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet H, Slides 116-118, Plat Records of Williamson County, Texas for which Corrected Declaration of Restrictions are filed of record in Volume 1463, Page 486 of the Official Records of Williamson County, Texas.
9.
Milwood, Section 30C, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 73-78, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1655, Page 914 of the Official Records of Williamson County, Texas.
10.
Milwood, Section 31A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 130-137, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1761, Page 253 of the Official Records of Williamson County, Texas.
11.
Milwood, Section 32, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet I, Pages 64-67, Plat Records of Williamson County,
Williamson County, Texas.
11.
Milwood, Section 32, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet I, Pages 64-67, Plat Records of Williamson County, Texas for which Correction Declaration of Restrictions were filed of recorded in Volume 1933, Page 695 of the Official Records of Williamson County, Texas.
12.
Milwood, Section 33A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet K, Slides 110-111, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2221, Page 965 of the Official Records of Williamson County, Texas.
239878-1 03/31/2006 13. Milwood, Section 33B, a subdivision in Williamson County, Texas according to the plat or map thereof filed of record in Cabinet K, Slides 112-113, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2253, Page 866 of the Official Records of Williamson County, Texas.
TO HAVE AND TO HOLD all of First Party's right, title and interest in and to the rights set forth above regarding appointment and removal of members to the architectural control committee for each subdivision, unto Second Party and Second Party's successors and assigns, forever, so that neither First Party nor First Party's successors and assigns may, at any time have claim, or demand any right or title to such powers, or any part thereof, but without any warranty of title or any other warranty of any kind or nature, any and all warranties being expressly disclaimed and denied..
Grantee's address: P.O. Box 200584 Austin, Texas 78720-0584 EXECUTED this the 20th day of APRIL 2006.
PALMAR ASSOCIATES, LTD.
WRITI By: Its: General Partner STATE OF TEXAS
ssly disclaimed and denied..
Grantee's address: P.O. Box 200584 Austin, Texas 78720-0584 EXECUTED this the 20th day of APRIL 2006.
PALMAR ASSOCIATES, LTD.
WRITI By: Its: General Partner STATE OF TEXAS COUNTY OF TRAVIS Al H. Robson III ess cos cos This instrument was acknowledged before me on OTARY APRIL 20th, 2006, by ROBIN A. SKRUHAK ATE TEXAS GENERAL PARTNER of Palmar Associates, Ltd..
Notary Public, State of Texas My Commission Expires NOVEMBER 16, 2007 Rabie A. Skuhak Notary Public, State of Texas (SEAL) After recording please return to: Sharlene N. Collins Armbrust & Brown, L.L.P.
100 Congress Avenue, Suite 1300 Austin, TX 78701 239878-1 03/31/2006 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006033347 Nancy E. Ruter 04/28/2006 10:02 AM CARRILLO $24.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS After recording, please return to: Sharlene N. Collins Armbrust & Brown, LLP 100 Congress Avenue, Suite 1300 Austin, TX 78701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006056543 Nancy E. Ruter 07/07/2006 11:12 AM CARRILLO $36.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON cos cos cos A QUITCLAIM DEED 2006034490 4 PGS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Milwood Joint Venture, II ("Milwood JV") was formed as a Texas limited partnership; and WHEREAS, the Palmar Associates, Ltd. ("Palmar”) and Milburn Investments, Inc.
("Milburn") were the partners of Milwood JV; and WHEREAS, Milwood JV executed and recorded restrictive covenants for various subdivisions in Travis and Williamson Counties; and WHEREAS, such restrictive covenants for the various subdivisions provided in their terms and conditions that the Milwood JV would appoint the members of the architectural
and Williamson Counties; and WHEREAS, such restrictive covenants for the various subdivisions provided in their terms and conditions that the Milwood JV would appoint the members of the architectural control committees for the various subdivisions; and WHEREAS, DR Horton has succeeded to all rights and interests of Milburn; NOW, THEREFORE, DR Horton of Williamson County, Texas ("First Party") for a full and valuable consideration to First Party in hand paid by Rattan Creek Neighborhood Association of Williamson County, Texas ("Second Party"), the receipt whereof is hereby acknowledged, and for the payment hereby conveyed, has QUITCLAIMED, and by these presents does QUITCLAIM unto Second Party all of First Party's right, title and interest in and to the rights and powers of Milwood Joint Venture II to appoint members of the architectural control committee for the following subdivisions: 1. Milwood, Section 22, a subdivision in Travis County, Texas according to the map or plat thereof of record in Volume 83, Pages 213C-213D of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8370, Page 129 of the Deed Records of Travis County, Texas.
2.
Milwood, Section 23, a subdivision in Travis County, Texas according to the map or plat thereof of record in Volume 83, Pages 216c-217A of the Plat Records of Travis County, Texas, for which Declarations of Restrictions were filed of record at Volume 8969, Page 305 of the Deed Records of Travis County, Texas and filed of record at Volume 8375, Page 702 of the Official Records of Williamson County, Texas.
3. Milwood 26A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 53-55, Plat Records of Williamson County, Texas
f Williamson County, Texas.
3. Milwood 26A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 53-55, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1348, Page 871 of the Official Records of Williamson County, Texas.
240091-1 04/03/2006 1 4.
Milwood 26B, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet F, Slides 80-82, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1231, Page 430 of the Official Records of Williamson County, Texas.
5.
Milwood, Section 27A, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 56-58, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1244, Page 762 of the Official Records of Williamson County, Texas.
6. Milwood, Section 27B, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 59-61, Plat Records of Williamson County, Texas for which Declarations of Restrictions were filed of record in Volume 1507, Page 10 of the Official Records of Williamson County, Texas.
7.
Milwood, Section 28, a subdivision according to the plat or map thereof recorded in Cabinet F, Slides 334-336, Plat Records of Williamson County, Texas, for which Declarations of Restrictions were filed of record in Volume 1147, Page 737 of the Official Records of Williamson County, Texas.
8.
Milwood, Section 29, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Volume G, Pages 113-115, Plat Records of Williamson County
Williamson County, Texas.
8.
Milwood, Section 29, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Volume G, Pages 113-115, Plat Records of Williamson County for which Declarations of Restrictions were filed of record at Volume 1208, Page 789 of the Official Records of Williamson County, Texas.
9.
Milwood, Section 30A, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet H, Slides 116-118, Plat Records of Williamson County, Texas for which Corrected Declaration of Restrictions are filed of record in Volume 1463, Page 486 of the Official Records of Williamson County, Texas.
10.
Milwood, Section 30C, a subdivision of Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 73-78, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1655, Page 914 of the Official Records of Williamson County, Texas.
11.
Milwood, Section 31A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet J, Slides 130-137, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 1761, Page 253 of the Official Records of Williamson County, Texas.
12. Milwood, Section 32, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet I, Pages 64-67, Plat Records of Williamson County, Texas for which Correction Declaration of Restrictions were filed of recorded in Volume 1933, Page 695 of the Official Records of Williamson County, Texas.
240091-1 04/03/2006 2 13.
Milwood, Section 33A, a subdivision in Williamson County, Texas according to
e filed of recorded in Volume 1933, Page 695 of the Official Records of Williamson County, Texas.
240091-1 04/03/2006 2 13.
Milwood, Section 33A, a subdivision in Williamson County, Texas according to the plat or map thereof recorded in Cabinet K, Slides 110-111, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2221, Page 965 of the Official Records of Williamson County, Texas.
14.
Milwood, Section 33B, a subdivision in Williamson County, Texas according to the plat or map thereof filed of record in Cabinet K, Slides 112-113, Plat Records of Williamson County, Texas for which Declaration of Restrictions were filed of record in Volume 2253, Page 866 of the Official Records of Williamson County, Texas.
TO HAVE AND TO HOLD all of First Party's right, title and interest in and to the rights set forth above regarding the appointment and removal of members to the architectural control committee for each subdivision, unto Second Party and Second Party's successors and assigns, forever, so that neither First Party nor First Party's successors and assigns may, at any time have claim, or demand any right or title to such powers, or any part thereof.
Grantee's address: P.O. Box 200584 Austin, Texas 78720-0584 2006.
EXECUTED this the 25th day of April Continental Homes of Texas, L.P., a Texas limited partnership, dba DR Horton By: CHTEX of Texas, Inc., (a Delaware corporation), its sole general partner By: Richard N. Maier Vice President THE STATE OF TEXAS COUNTY OF Trans ess cosess This instrument was acknowledged before me on Gril 25th 2006, by Richard N.
Maier, Vice President of CHTEX of Texas, Inc., sole general partner of Continental Homes of
TEXAS COUNTY OF Trans ess cosess This instrument was acknowledged before me on Gril 25th 2006, by Richard N.
Maier, Vice President of CHTEX of Texas, Inc., sole general partner of Continental Homes of Texas, L.P., a Texas limited partnership, dba DR Horton, on behalf of said limited partnership.
(Sear THERESA LYNN AULD MY COMMISSION EXPIRES March 23, 2009 240091-1 04/03/2006 Notary Public, State of Texas 3 After recording, please return to: Sharlene N. Collins Armbrust & Brown, LLP 100 Congress Avenue, Suite 1300 Austin, TX 78701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006034490 Nancy E. Ruter 05/01/2006 04:55 PM ALLEN $28.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS we VOL 2253PAGE 866 DECLARATION OF RESTRICTIONS MILWOOD SECTION THIRTY-THREE B THE STATE OF TEXAS COUNTY OF WILLIAMSON S S S 4621 KNOW ALL MEN BY THESE PRESENTS This Declaration of Restrictions day of February, 1993, by MILWOOD JOINT VENTURE, II, venture (hereinafter called "Declarant").
("Declaration") is made this 4th a Texas joint WITNESSETH: WHEREAS, Declarant owns all of THIRTY-THREE B, a subdivision in Williamson County, Texas, according to the lots in MILWOOD SECTION the map or plat thereof recorded Records in Cabinet K , Slides 112-113, Plat of Williamson County, Texas, reference to which plat and is here made its record for all "Subdivision"), and desires to encumber the lots in the Subdivision with purposes (hereinafter called the the covenants, conditions, restrictions , hereinafter set forth, which shall inure to the benefit and pass with reservations and charges the property, each and every parcel or resubdivision thereof, and shall apply to and bind the successors in thereof: interest and any other owner Declarant, the sole NOW THEREFORE,
vations and charges the property, each and every parcel or resubdivision thereof, and shall apply to and bind the successors in thereof: interest and any other owner Declarant, the sole NOW THEREFORE, Subdivision, hereby declares that all lots in the Subdivision shall be owner in fee simple of the held, transferred, sold and conveyed, covenants, conditions, restrictions, reservations and charges, hereby subject to the following specifying and agreeing that this Declaration and the provisions hereof shall be and do constitute covenants to run with the land and shall be binding on Declarant, its successors and assigns, owners of each lot, and the owners by acceptance of their deeds and all subsequent themselves, their heirs, executors , for administrators, assigns, covenant and agree to abide by the terms and conditions of this successors and Declaration.
I.
PROPERTY SUBJECT TO THE DECLARATION The property which is and shall be held, transferred, sold and conveyed , subject to the covenants, reservations and charges hereinafter set forth is described as follows: conditions, restrictions , Thirty-Three B, a Plat All of the lots in Milwood Section subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet K, Slides 112-113, Records of Williamson County, Texas (hereinafter referred to as the "Property").
II.
COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND CHARGES The Property described in Section I hereof is encumbered by the covenants , conditions, restrictions, hereinafter set forth to insure the best and highest use and the most reservations and charges appropriate development and improvements of each lot purposes within said subdivision; to protect for residential improper use
to insure the best and highest use and the most reservations and charges appropriate development and improvements of each lot purposes within said subdivision; to protect for residential improper use of surrounding lots; to preserve so far as practicable, the owners of lots against natural beauty of said Property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate location ; improvements to prevent haphazard and inharmonious of lots; to secure and maintain proper streets and adequate setbacks from space; and, in development of the highest quality to enhance the value of investments general, to provide for made by owners.
free OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS -1A.
VOL 2253PAGE 867 Land Use and Building Types. The lots shall be used solely for private single family residential purposes. On each residential lot no building shall be erected, altered, placed or permitted other than a detached, single family dwelling not to exceed two (2) stories in height, with an attached private garage or carport for not more than two (2) cars. No building shall remain incomplete for more than one (1) year after construction has been commenced.
B. Antennae. No exterior radio, television antenna or aerial, guy wire , or satellite dish antenna shall be erected or maintained without the prior written approval of the Architectural Control Committee.
C. Architectural Control. No building, wall, fence or any other improvement shall be erected or placed on, nor shall any building, wall, fence or any other improvement be altered, modified, added to or removed from any lot until the construction plans and specifications thereof and
be erected or placed on, nor shall any building, wall, fence or any other improvement be altered, modified, added to or removed from any lot until the construction plans and specifications thereof and a plan showing the location of all buildings, walls, fences and other improvements, including, but not limited to, driveways and setbacks, have been approved in writing by the Architectural Control Committee, hereinafter called "Committee". Nor shall the topography of the lot be enlarged in any way which will impede, restrict or in any way divert the flow of water without the prior written approval of the Committee. The approval of the Committee shall not be unreasonably or whimsically withheld.
The Committee shall be composed of three (3) members. The original members of the Committee shall be Bill Milburn, Joseph A.
DiQuinzio , Jr. and Barney Reynolds. Each Committee member shall serve at the pleasure of the Declarant.
In the event of the death, resignation or removal of any member of said Committee, the remaining member or members will have full authority to act until the member or members have been replaced. A decision of a majority of the Committee shall be binding on all members thereof.
The Committee in considering each set of plans and specifications and the plan showing the location of all improvements shall consider, among other things, the quality of design and materials, harmony of the design with existing structures and location with respect to topography and finished grade elevation.
The Committee's approval or disapproval of the specifications and plot plan for the improvements to be erected or plans and placed on a lot, or the plans and specifications for the alteration, modification, addition to or removal of any improvements located on a lot, shall be
for the improvements to be erected or plans and placed on a lot, or the plans and specifications for the alteration, modification, addition to or removal of any improvements located on a lot, shall be granted within thirty (30) days after the same have been submitted to the Committee; if the Committee's approval or disapproval is not so granted within such thirty (30) days, then in that event the same shall be deemed approved and this covenant complied with. All plans and specifications shall be delivered to the Committee not less than thirty (30) days prior to the date construction is to be commenced at its office at 11911 Burnet Road, Austin, Travis County, Texas or any such other address as it may designate, by certified mail, return 78758, receipt requested , or delivered and a written receipt received therefor, and the date received by the Committee shall be considered the date of delivery to the Committee .
Anything herein to the contrary notwithstanding, the Committee is hereby authorized, at its sole discretion, to waive any requirements relating to carports , dwelling size, masonry requirements, fences, and setbacks and such decision shall be binding on all encumbered by this Declaration.
owners of lots One D. Dwelling Size. The ground floor area of the main structure of the single story, single-family residence shall be not less than Thousand Two Hundred (1,200) square feet, excluding all open and covered porches and garage units.
If more than one (1) story, the combined area for the first and second floors shall be not less than One Thousand Three Hundred Fifty (1,350) square feet.
Committee may approve a dwelling size containing less square feet, but The Architectural Control such approval must be in writing.
-2VOL 2253PAGE 868 reserved
hree Hundred Fifty (1,350) square feet.
Committee may approve a dwelling size containing less square feet, but The Architectural Control such approval must be in writing.
-2VOL 2253PAGE 868 reserved E. Easements and Setbacks. Easements requirements are those and setback set forth on Subdivision on file in the Plat Records of Williamson County, Texas, and the plat of record of the other such easements dedicated by separate instrument Plat Records of Williamson County, Texas.
on file in the Within these easements, no structure, planting or other material shall be placed, or permitted to remain, which may damage or interfere maintenance of utilities, or which may change the direction of flow or with the installation and drainage channels in the easements , or which may obstruct or retard the flow of water. The easement area of each lot shall not be fenced out of the lot and shall be maintained continuously by the owner of the lot.
F. Fences. No fence, wall or hedge shall be erected, placed or altered on a lot nearer to the front street than the front wall of the house situated on such lot.
a G. Garbage and Refuse. No lot shall be used or maintained as dumping ground for trash, garbage or other waste and the same shall not be kept, except in sanitary containers. Each lot with an independent disposal service to collect all garbage or other owner shall contract waste, if such service is not provided by the City of Austin.
H. Hazardous Activities. No activities may be conducted on the Property and no improvements constructed on the Property which are or might be unsafe or hazardous to any person limiting the generality of the foregoing, no firearms or fireworks shall or property. Without be discharged upon the Property, and no open fires shall be lighted or
e unsafe or hazardous to any person limiting the generality of the foregoing, no firearms or fireworks shall or property. Without be discharged upon the Property, and no open fires shall be lighted or permitted except within safe and well designed interior fireplaces, or in contained barbecue units which are attended and in use for cooking purposes only.
I. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except any owner may keep no more than two (2) dogs, two (2) cats, or pets, provided they are not kept, bred or maintained for any commercial two (2) other household purpose.
J.
Maintenance, Alteration or Removal of improvements upon any of the Property shall at all times be kept in good Improvements. All condition and repair and adequately painted or otherwise maintained by the Owner thereof. The opinion of the Committee repair shall be final.
as to condition and Any construction, other than normal maintenance, which in any way alters the exterior appearance of any improvements, or the removal of any improvements within the Property shall be performed only with the prior written approval of the Committee.
K. Masonry. Each dwelling shall have not less than ten per cent (10% ) of the exterior walls of masonry construction; provided, however, the Architectural Control Committee may waive this requirement in whole or in part, but any such waiver must be in writing.
No L. Noise. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any of the Property.
noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any
es) shall be located, used or placed on any of the Property.
noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants.
M. Nuisances.
No noxious ΟΙ offensive activities conducted on or upon any lot, nor shall anything be done thereon which shall be or which is may be or may become an annoyance to the neighborhood, opposed to the purpose of these restrictions.
N. Oil and Mining Operations. No oil drilling, oil development operations , oil refining, quarrying or character shall be permitted upon any lot.
mining operations of any -3VOL 2253PAGE 869 0. Signs. No signs of any kind shall be displayed for public view on any lot, except for the following: One (1) sign of not more than five (5) square feet, advertising the Property for sale or rent; signs used by builders to advertise the Property for sale; and directional and marketing signs of not more than four (4) feet by eight (8) feet used by the developer and builders for marketing purposes.
advertising and sales programming shall be subject to the approval of All merchandising, the Committee.
P. Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other interests therein less than conveyed by the Owner thereof without the prior written approval of the the whole be Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide easement or other interest less than the whole, all without the approval any Lot and convey an of the Architectural Control Committee .
Q. Temporary Structures. No structure of a temporary character, mobile home, trailer, basement, tent, shack, garage, barn outbuilding shall be used on
onvey an of the Architectural Control Committee .
Q. Temporary Structures. No structure of a temporary character, mobile home, trailer, basement, tent, shack, garage, barn outbuilding shall be used on any lot at any time as a residence, either or other temporary or permanent.
No building may be moved on any lot.
vehicle, No racing or any vehicle without a current permitted to remain on any lot or be parked on a street adjoining a lot.
license plate shall be R. Unsightly Articles; Vehicles. No article deemed to be unsightly by the Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public thoroughfares.
limiting the generality of the foregoing, trailers, graders, trucks Without other than pickups, boats, tractors, motorcycles, motor campers, wagons, buses, scooters and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures.
areas, storage areas, compost piles and facilities for hanging, drying Service or airing clothing or household fabrics shall be appropriately screened from view and no lumber, grass , plant waste, shrub or tree clippings, metals, bulk materials, scraps, refuse , or trash of any kind shall be kept, stored or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view.
III.
SIDEWALKS The owner of each lot shall construct, at his cost and expense and prior to his occupancy of the dwelling, sidewalks, if any, on the recorded subdivision plat.
as set forth IV.
TERM
ew.
III.
SIDEWALKS The owner of each lot shall construct, at his cost and expense and prior to his occupancy of the dwelling, sidewalks, if any, on the recorded subdivision plat.
as set forth IV.
TERM These covenants are to run with the land and shall be binding on all persons claiming under them until January 1, 2022, at which time said covenants shall be automatically extended for successive periods of ten (10) years each, unless by a vote of a majority of the then owners of the lots encumbered by this Declaration , Declaration in whole or in part.
it is agreed to change said Any such instrument of amendment or termination must be executed and acknowledged by fifty-one percent encumbered by this Declaration and filed (51%) of the then owners of lots Records of Williamson County, Texas.
of record in the Official termination shall be effective to amend or terminate this Declaration at The instrument of amendment or the expiration of the initial year term, if such instrument is filed of record as set forth above during the initial term hereof; or if such instrument is filed of record as set forth above during any ten (10) year period of extension, this Declaration shall be amended or -4VOL 2253PACE 870 of extension.
the terminated (as the case may be) at the end of such ten (10) year period Notwithstanding anything contained herein contrary, the Declarant, its to the successors covenants at any time, or assigns, may amend these or from time to time, in order to correct any typographical errors or other errors or omissions discretion of which, in the Declarant, its successors amendment or assigns, may require in order to properly reflect the intent amendments to correct typographical or other errors shall be effective hereof. Such on the date that such an
t, its successors amendment or assigns, may require in order to properly reflect the intent amendments to correct typographical or other errors shall be effective hereof. Such on the date that such an amendment is filed on record in the Official Records of Williamson County, Texas, by the Declarant, its successors or assigns. The Declarant hereby assigns to Milburn Investments, Inc., Texas corporation, the foregoing right of amendment.
anything hereinabove, no amendment shall be effective until the approval Notwithstanding of any governmental regulatory body which is acquired shall have been obtained.
a v.
EXTERIOR MAINTENANCE the to maintain neat and orderly right, In the event the owner of any lot shall fail premises and the improvements situated thereon in a manner, the Architectural Control Committee shall have the through its agents and employees, to enter upon said lot and to repair, maintain and restore the lot and exteriors of the buildings and any other improvements erected thereon, all at the expense of the owner.
VI.
ENFORCEMENT If the owner of any lot, or his heirs, executors, administrators, successors , assigns or tenants shall violate or attempt to violate any of the covenants set forth in this Declaration, it shall be lawful for any person, or persons, owning any lot encumbered by this Declaration, or Declarant, to prosecute any proceedings against the person, or persons, violating , or attempting to violate, any such covenants.
failure of the The owner or tenant to perform his obligations hereunder would result in irreparable damage to the Declarant and other owners of lots in the Subdivision , thus the breach of any provisions of this Declaration may not only give rise to an action for damages at law, but also may
parable damage to the Declarant and other owners of lots in the Subdivision , thus the breach of any provisions of this Declaration may not only give rise to an action for damages at law, but also may be enjoined by an action for specific performance in equity in any court of competent jurisdiction. Such action may be brought against any person, firm or corporation violating, or apparently about to violate, any of these covenants, either before such violation occurs within a reasonable time thereafter, for an appropriate order injunction of either a restraining or mandatory nature, or both, and of either a temporary or permanent nature, or both, including, but not limited to, one restraining construction of any improvements commenced, or about to be commenced, without the prior written approval of the Committee or for the removal of any improvement constructed without the prior written approval of the Committee. In the event enforcement actions are instituted and the party bringing such action is successful in obtaining any relief, then in addition to the remedies specified above, the party or parties against whom such relief was granted shall pay to the enforcing party costs and reasonable attorney's fees in such amount as the court may determine. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
or or VII.
SEVERANCE In the event any of the foregoing covenants, conditions, restrictions, reservations or charges is held invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity and enforceability of the other covenants, conditions, restrictions, reservations or charges. If one of the foregoing is subject to more than one interpretation
ction, it shall not affect the validity and enforceability of the other covenants, conditions, restrictions, reservations or charges. If one of the foregoing is subject to more than one interpretation , the interpretation which more clearly reflects the intent hereof shall be enforced.
-5VOL 2253PAGE 871 VIII.
NUMBER AND GENDER The singular shall be treated as the plural and vice versa, if such treatment is necessary to interpret this Declaration. Likewise, if either the feminine, masculine or neuter gender should be any of the other genders, it shall be so treated.
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Restrictions effective as of the date first set forth above.
MILWOOD JOINT VENTURE, II a Texas joint venture MILBURN INVESTMENTS, INC., a Texas corporation, Joint Venturer By: Barney Reynolds Vice President PALMAR ASSOCIATES, LTD., a Texas partnership, Joint Venturer By: ..
A. H. Robinson, III General Partner By: John Brear Lomon John Oscar Robinson General Partner STATE OF TEXAS COUNTY OF TRAVIS sss This instrument was acknowledged before me on the 4th day of FEBRUARY, 1993, by Barney Reynolds, Vice President of Milburn Investments, Inc., a Texas corporation, joint venture partner of Milwood Joint Venture, II, a Texas joint venture, on behalf of said venture.
PUBLIC SHARON L. STEPHENS Notary Public, State of Texas My Commission Expires JUNE 1, 1994 ar p Notary Public, State of Texas STATE OF TEXAS COUNTY OF Travis S This instrument was acknowledged before me on the 4th day of February, 1993, by A. H. Robinson, III, General Partner of Palmar Associates, Ltd., a Texas partnership, joint venture partner of Venture, II, a Texas joint venture, on behalf of said venture.
Milwood Joint Melissa K. Mill STATE OF TEXAS MELISSA K. MILLER
of Palmar Associates, Ltd., a Texas partnership, joint venture partner of Venture, II, a Texas joint venture, on behalf of said venture.
Milwood Joint Melissa K. Mill STATE OF TEXAS MELISSA K. MILLER Notary Public, State of Texas My Commission Expires MAY 9, 1993 -6Notary Public, State of Texas VOL 2253PAGE 872 STATE OF TEXAS S S COUNTY OF Travis S This instrument was acknowledged before me on the 4th day of February 1993, by John Oscar Robinson, General Partner of Palmar Associates Ltd., a Texas partnership, joint venture partner of Milwood Joint Venture, II, a Texas joint venture, on behalf of said venture.
MELISSA K. MILLER Notary Public, State of Texas My Commission Expires MAY 9, 1993 Melissa R.M Mill Notary Public, State of Texas AFTER RECORDING RETURN TO: Terry E. Mitchell 11911 Burnet Road Austin, Texas 78758 1333 FEB-5 AM 8 17 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped-hereon by me, on FEB 5 1993 ALIANO LEON COUNTY TEELE Claire Propell COUNTY CLERK WILLIAMSON COUNTY, TEXAS -7VOL 2192PAGE 890 30815 MILWOOD 33.8 C8-92-0034.09 SUBDIVISION CONSTRUCTION AGREEMENT 1. Parties. The parties to this Subdivision "Agreement") Construction Agreement (the are Milwood Joint Venture II (individually and collectively, the "Subdivider ") and the City of Austin, Texas (the "City").
the City 2. Effective Date. This Agreement is effective on the date approves the final plat for the subdivision described in Paragraph 3 of this Agreement by the Planning Commission's approval of the plat in accordance with City ordinances (the "Effective Date").
Recitals
oves the final plat for the subdivision described in Paragraph 3 of this Agreement by the Planning Commission's approval of the plat in accordance with City ordinances (the "Effective Date").
Recitals 3. Subdivider is the owner of the land included in the proposed final subdivision plat of the Milwood Section 33-B, Number C8-92-0034.0A, (the "Subdivision") and by the metes and bounds description attached Agreement as Exhibit A (the "Property"); and as shown in City's File and incorporated into more particularly described this 4. Subdivider seeks authorization from the City to subdivide the Property in accordance with the requirements imposed by Texas statutes City's ordinances, regulations, and other requirements; and and the 5. City ordinances require the completion of various improvements in connection with the development of the Subdivision safety, and general welfare of to protect the health, the community and to effects of substandard subdivisions; and limit the harmful 6. The purpose of this Agreement is to protect of completing subdivision improvements required Subdivider; and the City from the expense to be installed by the 7. This Agreement is authorized by and consistent City's ordinances, regulations, and other development of a subdivision.
with state law and the requirements governing covenants, IN CONSIDERATION of the foregoing recitals and the mutual promises, and obligations by the parties set forth in this Agreement, the parties agree as follows: Subdivider's Obligations 8. Improvements. The Subdivider agrees to construct and install, at Subdivider's expense, all external and internal subdivision required improvements " to comply with City ordinances, regulations, and policies governing subdivision approval, specifically including without limitation
pense, all external and internal subdivision required improvements " to comply with City ordinances, regulations, and policies governing subdivision approval, specifically including without limitation those improvements listed on Exhibit B attached reference into this Agreement (collectively, the "Improvements, and incorporated by which is an "Improvement"), unless the City and Subdivider have otherwise any one of agreed by executing a separate written agreement that the Subdivider shall fund all or a proportionate share of the required External Subdivision Improvements.
All Improvements shall be constructed in conformance with the City's requirements, procedures, and specifications (including without 1 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS VOL 2192PAGE 891 limitation environmental protection requirements such as erosion controls and site restoration), pursuant to construction plans, permits, and specifications approved by the City prior to commencement of construction, and subject to inspection, certification, and acceptance by the City.
9. Completion. Unless a different time period is specified for a particular Improvement in Exhibit B, construction of all the Improvements shall be completed no later than three (3) years after the Effective Date (the "Completion Date"); provided, however, that if the Subdivider or the Issuer delivers to the City no later than the Completion Date a substitute Letter of Credit satisfying the criteria established by Paragraph 11 and which has an expiration date no earlier than one year from the Completion Date, then the Completion Date shall be extended to the expiration date of that substitute Letter of Credit or any subsequent substitute Letter of Credit provided in accordance with this Paragraph. Upon completion of each
tion Date shall be extended to the expiration date of that substitute Letter of Credit or any subsequent substitute Letter of Credit provided in accordance with this Paragraph. Upon completion of each of the Improvements, the Subdivider agrees to provide to the City a complete set of construction plans for the Improvements, certified "as built" by the engineer responsible for preparing the approved construction plans and specifications.
or The 10. Warranty. The Subdivider warrants the Improvements constructed by Subdivider or Subdivider's agents , contractors, employees, tenants, licensees will be free from defects for a period of one (1) year from the date the City accepts the dedication of a completed Improvement or group of Improvements (the "Warranty Period"), as such Improvement or group of Improvements is separately identified and listed on Exhibit B.
Subdivider agrees to repair any damage to the Improvements before and during the Warranty Period due to private construction-related activities.
As a condition of the City's acceptance of dedication of any of the Improvements , the City may require the Subdivider to post a maintenance or other financial security acceptable to the City to secure the warranty established by this Agreement. If the Improvements have been completed but not accepted, and neither the Subdivider nor Issuer is then in default under this Agreement or the Letter of Credit, at the written request of the Subdivider or the Issuer the City shall complete, execute, and deliver to the Issuer a reduction letter documenting that the Stated Amount has been reduced to an amount equal to the face amount of the maintenance bond or other financial security acceptable to the City.
bond 11. Security. To secure the performance of Subdivider's obligations under
reduced to an amount equal to the face amount of the maintenance bond or other financial security acceptable to the City.
bond 11. Security. To secure the performance of Subdivider's obligations under this Agreement, Subdivider agrees to provide adequate financial guarantees of performance in the form of a surety bond acceptable to the City, a cash deposit to be held by the City in escrow, or an irrevocable letter credit in the of amount of Three thousand four hundred Dollars ($ 3,420.00) (the "Stated Amount"), which twenty and No/100 amount is the estimated total cost of constructing each of the Improvements as shown on Exhibit B.
If a letter of credit is provided pursuant to this Agreement, it shall be in a standard form acceptable to the City, shall have an expiration date no earlier than one year from the date of its issuance, and shall be issued by a financial institution having a rating equivalent to acceptable rating established under the City's financial institution rating the minimum system in effect at the time the initial letter of credit is issued pursuant to this Agreement (the "Issuer"). During the term Agreement and subject to the terms of Paragraph 23 of this Agreement, the of this 2 VOL 2192PACE 892 City may revise the standard form letter of credit it reasonably considers acceptable and necessary to secure the performance of Subdivider's obligations under this Agreement. A letter of credit satisfying the criteria of this Paragraph (and any substitute credit) is referred to in this Agreement as the "Letter of Credit".
or confirming letter of 12. Increase in Security. If, from time to time, the City determines the estimated total cost of constructing the Improvements exceeds the Stated Amount, the
Letter of Credit".
or confirming letter of 12. Increase in Security. If, from time to time, the City determines the estimated total cost of constructing the Improvements exceeds the Stated Amount, the Subdivider shall provide, no later than thirty (30) days after notice and demand, an additional financial guarantee of performance meeting the requirements of Paragraph 11 in an estimated cost.
amount equal to the additional any 13. Reduction in Letter of Credit. After the acceptance of Improvement, the amount which the City is entitled to draw on the Letter of Credit shall be reduced by an amount equal to ninety percent (90%) of the estimated cost of the accepted Improvement, as shown on Exhibit B. Upon completion of an Improvement , at the written request of Subdivider or Issuer, and if neither the Subdivider nor Issuer is then in default under to the this Agreement or the Letter of Credit, the City shall complete, execute, and deliver to the Issuer a reduction letter verifying the acceptance of the Improvement and documenting that the Stated Amount has been reduced by stating the balance of the Stated Amount remaining after the reduction required by the first sentence of this Paragraph. No later than sixty (60) days after its receipt of a written request to reduce the Stated Amount submitted by the Subdivider or the Issuer, the City shall determine the Estimated Remaining Cost and shall complete, execute, and deliver Issuer a reduction letter documenting that the Stated Amount has been reduced to the Estimated Remaining Cost if the City determines the Stated Amount exceeds the Estimated Remaining Cost. Notwithstanding the preceding sentence, the City shall not be required to authorize reductions in the Stated
maining Cost if the City determines the Stated Amount exceeds the Estimated Remaining Cost. Notwithstanding the preceding sentence, the City shall not be required to authorize reductions in the Stated Amount more frequently than every ninety (90) days. As used in this Paragraph, "Estimated Remaining Cost" means the amount the City estimates to be the cost of completing all Improvements incomplete as of the time of such estimate.
City's Obligations 14. Inspection and Certification. The City agrees to inspect Improvements during and at the completion of construction and, if completed in accordance with the standards and specifications for such Improvements, to certify the Improvements as being in compliance with City standards and specifications. The inspections and certifications will be conducted in accordance with standard City policies and requirements. The Subdivider grants the City , its agents, employees, officers, and contractors an easement and license to enter the Property to perform such inspections as it deems appropriate.
15. Notice of Defect. The City will provide timely notice to the Subdivider whenever inspection reveals that an Improvement is not constructed or completed in accordance with the standards and specifications for such Improvement or is otherwise defective. The Subdivider will have thirty (30) days from such notice to cure or substantially cure the defect. The City may not declare a default under 3 VOL 2192PACE 893 this Agreement during the 30-day cure period on account of any such defect unless it is clear that the subdivider does not intend to cure the defect.
Notwithstanding the previous sentences in this Paragraph, if, in the reasonable opinion of the City, the defect creates an immediate and substantial harm to the public health
ntend to cure the defect.
Notwithstanding the previous sentences in this Paragraph, if, in the reasonable opinion of the City, the defect creates an immediate and substantial harm to the public health or safety, and the notice of defect includes a statement explaining why the defect creates such immediate and substantial harm, the cure period may be shortened to no less than five (5) days and the City may declare a default under this Agreement if not satisfied that the defect is cured after the cure period.
16. Use of Proceeds.
or The City will disburse funds drawn under the Letter of Credit only for the purposes of completing the Improvements in conformance with the City's requirements and specifications for the Improvements , or to correct defects in or failures of the Improvements.
The City may, in its sole discretion, complete some or all of the unfinished Improvements at the time of default, regardless of the extent to which development has taken place in the Subdivision or whether development ever commenced, and without incurring any obligation to complete any of the unfinished Improvements. The Subdivider has no claim or rights under this Agreement to funds drawn under the Letter of Credit or any accrued interest earned on the funds. All funds obtained by the City pursuant to one more draws under the Letter of Credit shall be maintained by the City in an interest bearing account or accounts until such funds, together with accrued interest thereon (the "Escrowed Funds"), are disbursed by the City.
The City may disperse all or portions of the Escrowed Funds as Improvements are completed and accepted by the City, or in accordance with the terms of written construction contract between the City and a third party for the construction of
f the Escrowed Funds as Improvements are completed and accepted by the City, or in accordance with the terms of written construction contract between the City and a third party for the construction of Improvements. Escrowed Funds not used or held by the City for the purpose of completing an Improvement or correcting defects in or failures of an Improvement, together with interest accrued thereon, shall be paid by the City to the Issuer of the Letter of Credit sixty (60) days following the City's acceptance of the Improvement or its no later than decision not to complete the Improvement using Escrowed Funds, date is earlier.
whichever a 17. Return of Excess Escrowed Funds. No later its receipt of than sixty (60) days after a written request from the Subdivider or the Issuer to return Excess Escrowed Funds to the Issuer, the City shall disburse to the Issuer from the Escrowed Funds all Excess Escrowed Funds.
this Paragraph, "Excess Escrowed Funds" means the amount of Escrowed Funds For purposes of exceeding one hundred ten percent (110%) of the estimated constructing Improvements the City intends to construct but which have not cost of been accepted, as such cost is shown on Exhibit B.
first Notwithstanding the sentence in this Paragraph, the City shall not disburse Excess Escrowed Funds more frequently than every ninety (90) days.
be required to 18. Cost Participation by City. If the City and Subdivider agree the City will participate in the expense of installing any of the Improvements, the respective benefits and obligations of the parties shall be governed by the terms of a Community Facilities Construction Agreement executed by parties thereto, and the terms the of that agreement shall extent of any inconsistency with this Agreement.
control to the
ned by the terms of a Community Facilities Construction Agreement executed by parties thereto, and the terms the of that agreement shall extent of any inconsistency with this Agreement.
control to the 19. Conditions of Draw on Security. The City may draw upon any financial 4 VOL 2192 PACE 894 guarantee posted in accordance with Paragraph 11 upon the occurrence of one or more of the following events: a.
Subdivider's failure to construct the Improvements in accordance with Paragraph 8 of this Agreement; b. Subdivider's failure to renew or replace the Letter of Credit at least forty-five (45) days prior to the expiration date of the Credit; Letter of c.
Subdivider's failure to replace or confirm the Letter of Credit if the Issuer fails to maintain the minimum rating acceptable to the City, in accordance with Paragraph 11 of this Agreement; or acquisition of the Property or a foreclosure or an assignment or d.
Issuer's through foreclosure.
The portion of the Property, conveyance in lieu of City shall provide written notice of the the above events to occurrence of one or more of the Subdivider, with a copy provided to the Issuer.
Where a Letter of Credit has been provided as the financial guarantee, with respect to an event described by subparagraph (a), the City shall provide notice to the Subdivider and the Issuer of the specific default and the notice shall include a statement that the City intends to perform some or all of Subdivider's obligations under Paragraph 8 Improvements if the failure is not cured.
for specified The notice with respect to a default under subparagraph (a) shall be given no less than twenty (20) days before presentation of a draft on the Letter of Credit, unless, in the reasonable opinion of the City, the failure creates an immediate and
ubparagraph (a) shall be given no less than twenty (20) days before presentation of a draft on the Letter of Credit, unless, in the reasonable opinion of the City, the failure creates an immediate and harm to the public health or safety, in which case the notice shall state why the failure creates an immediate and substantial harm to the public health or safety, and shall be given no less than five (5) days before presentation of a draft on the Letter of Credit. In the event of a draw based on subparagraph (a), the City shall be entitled to draw in the amount it considers necessary to perform Subdivider's obligations under Paragraph 8, up to the amount allocated according to Exhibit B for any Improvement it states its intent to construct or complete in with the standards and specifications for such improvement. The subdivider accordance hereby grants to the City , its successors, assigns, agents, contractors, substantial and employees, a nonexclusive right and easement to enter the Property for the purposes of constructing, maintaining, and repairing such Improvements.
Where a Letter of Credit has been provided as the financial guarantee, with respect to an event described by subparagraph (b), (c), or (d), the notice shall be given no less than twenty (20) days before presentation of a draft on the Letter of Credit.
In lieu of honoring a draft based on described an event in subparagraph (b) or (c), the Issuer or the Subdivider may deliver to the City a substitute Letter of Credit if the event is described by subparagraph (b) or a substitute or confirming Letter of Credit if the event is described by subparagraph (c). If the Issuer has acquired all or a portion of the Property through foreclosure or an assignment or conveyance in lieu of
or confirming Letter of Credit if the event is described by subparagraph (c). If the Issuer has acquired all or a portion of the Property through foreclosure or an assignment or conveyance in lieu of foreclosure, in lieu of honoring a draft based on an event described in subparagraph (d), the Issuer may deliver to the City a substitute or confirming Letter of Credit.
5 20. Procedures for Drawing on the Letter of Credit.
VOL 2192PAGE 895 The City may draw upon the Letter of Credit in accordance with Paragraph 19 by submitting a draft to the Issuer in compliance with the terms of the Letter of Credit governing such draft. The Letter of Credit must be surrendered upon presentation of any draft which exhausts the Stated Amount of such Letter of Credit. The City may not draft under a Letter of Credit unless it has substantially complied with all its obligations to the Issuer under this Agreement and has properly completed and executed the draft in strict accordance with the terms of the Letter of Credit.
21. Measure of Damages. The measure of damages for breach of this Agreement by the Subdivider is the reasonable cost of completing the Improvements in conformance with the City's requirements, procedures, and specifications, including without limitation associated administrative expenses. For Improvements upon which construction has not begun, the estimated cost of the Improvements shown on Exhibit B will be prima facie evidence of the minimum cost of completion; however, neither that amount or the amount of the Letter of Credit establishes the maximum amount of the Subdivider's liability.
the Subdivider, and 22. Remedies. The remedies available to the City, Issuer under this Agreement and the laws of Texas are cumulative in nature.
shes the maximum amount of the Subdivider's liability.
the Subdivider, and 22. Remedies. The remedies available to the City, Issuer under this Agreement and the laws of Texas are cumulative in nature.
23. Provisions for the Benefit of Issuer. The provisions of Paragraphs 9, 10, 11, 13, 16, 17, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 31, 33, and 37 of this Agreement for the benefit of the Issuer may not be modified, released, diminished, or impaired by the parties without the prior written consent of the Issuer.
24. Third Party Rights. No person or entity who or which is not a party to this Agreement shall have any right of action under this Agreement, nor shall any such person or entity other than the City (including without limitation a trustee in bankruptcy) have any interest in or claim to funds drawn on the Letter of Credit and held in escrow by the City in accordance with this Agreement. Notwithstanding the preceding sentence, the Issuer shall have a right of action to enforce any provision of this Agreement where the Issuer is specifically named as a beneficiary of such provision pursuant to Paragraph 23.
The 25. Indemnification. The Subdivider hereby expressly agrees to indemnify and hold the City harmless from and against all claims, demands, costs, and liability of every kind and nature, including reasonable attorney's for the defense of such claims and demands, arising from any breach on the fees part of Subdivider of any provision in this Agreement, or from any act or negligence of Subdivider or Subdivider's agents, contractors, employees, tenants, or licensees in the construction of the Improvements.
Subdivider further agrees to aid and defend the City if the City is named as a defendant in an action arising from any breach on the part
tenants, or licensees in the construction of the Improvements.
Subdivider further agrees to aid and defend the City if the City is named as a defendant in an action arising from any breach on the part Subdivider of any provision in this Agreement, or from any act negligence of Subdivider or Subdivider's agents, contractors, tenants, or licensees in the construction of the Improvements, except where employees, such suit is brought by the Subdivider. The Subdivider is not an employee or agent of the City . Notwithstanding anything to the contrary contained in of or this Agreement, the Subdivider does not agree to indemnify and hold the 6 VOL 2192PAGE 896 City harmless from any claims, demands, costs, or liabilities arising from any act or negligence of the City, its agents, contractors, employees, tenants, or licensees.
or 26. No Waiver. No waiver of any provision of this Agreement will be deemed constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type.
The failure at any time to enforce this Agreement or covenant by the City, the Subdivider, or the Issuer, their heirs, successors or assigns, whether violations thereof are known or not, shall not constitute a waiver or estoppel of the right to do so.
any as extent to 27. Attorney's Fees. Should either party or the Issuer, to the Issuer is named a specific beneficiary, be required to resort litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable
pecific beneficiary, be required to resort litigation to enforce the terms of this Agreement, the prevailing party, plaintiff or defendant, shall be entitled to recover its costs, including reasonable attorney's fees, court costs, and expert witness fees, from the other party. If the court awards relief to both parties, each its own costs in their entirety.
will bear 28. Assignability. The benefits and burdens of this Agreement are personal obligations of the Subdivider and also are binding on the heirs, successors, and assigns of the Subdivider and on any person acquiring an ownership interest in the Property through the Subdivider's obligations under this Agreement may Subdivider. The not be assigned without the express written approval of the City. The City's written approval may not be withheld if the Subdivider's assignee explicitly assumes obligations of all the Subdivider under this Agreement and has posted the required security. An assignment shall not be construed as releasing the Subdivider from Subdivider's obligations under this Agreement, Subdivider's obligations hereunder shall continue notwithstanding and any assignment approved pursuant to this Paragraph, unless and until the City executes and delivers to the subdivider a written release of Subdivider from the obligations imposed by this Agreement. The City agrees to release or reduce, as appropriate, the Letter of Credit provided by the Subdivider if it accepts substitute security for all or Improvements.
any portion of the The City, in its sole discretion, may assign some or all of its rights under this Agreement, and any such assignment shall be effective upon notice to the Subdivider and the Issuer.
29. Expiration. This Agreement shall terminate upon the expiration of the .
approval of
s under this Agreement, and any such assignment shall be effective upon notice to the Subdivider and the Issuer.
29. Expiration. This Agreement shall terminate upon the expiration of the .
approval of the proposed final plat of the Subdivision or if the Subdivision is vacated by the Subdivider.
30. Notice. Any notice required or permitted by this Agreement is effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: 7 VOL 2192PAGE 897 if to Subdivider: if to City: if to the Issuer: Milwood Joint Venture II Attn: Joe DiQuenzio, Vice President PO Box 9802 Austin TX 78766 Department of Planning and Development City of Austin P. O. Box 1088 Austin, Texas 78767-8828 Attn: Bob Senecal, Fiscal Officer at Issuer's address shown on the Letter of Credit The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of the change is provided to the accordance with the provisions of this Paragraph.
other party in 31. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the parities will be construed as if the part, term, or provision was never part of this Agreement.
in 32. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement or the Issuer, whether arising out of or
art of this Agreement.
in 32. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement or the Issuer, whether arising out of or relating to the Agreement or the Letter of Credit, will be deemed to be proper only if such action is commenced District Court for Travis County, Texas, or the United States District Court for the Western District of Texas, Austin Division. The Subdivider expressly waives any right to bring such an action in or to remove such an action to any other court, whether state or federal. The Issuer, providing a Letter of Credit by pursuant to the terms of this Agreement, waives any right to bring such an action in or to remove such an action to any other court, whether state or federal.
expressly 33. Release Upon Completion. Upon acceptance of all Improvements, the City agrees: (a) to complete, execute and deliver to the Subdivider and the Issuer a release in recordable form Subdivider's heirs, releasing the Subdivider and successors and assigns, and the Property from all provisions of this Agreement except those contained in Paragraph 10, and (b) to return to the Issuer the Letter of Credit and any Escrowed Funds not expended or obligated by the City for the completion of the Improvements.
34. Captions Immaterial. The numbering, order, and captions or headings of the paragraphs of this Agreement are for convenience only and shall not be considered in construing this Agreement.
35. Entire Agreement. This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of 8 VOL 2192PAGE 898 representations or no force or effect each to the other as of the Effective Date. Any oral
eement between the parties and correctly sets forth the rights, duties, and obligations of 8 VOL 2192PAGE 898 representations or no force or effect each to the other as of the Effective Date. Any oral modifications concerning this Agreement shall be of excepting a subsequent written modification executed by both parties.
36. Authorization to Complete Blanks. By signing and Agreement to the appropriate official of the City, authorizes completion of this Agreement by filling in the below.
delivering this the Subdivider Effective Date 37. Binding Agreement. The execution and delivery of this Agreement and the performance of the transactions contemplated thereby have been duly authorized by all necessary corporate and governmental action of the City.
This Agreement has been duly executed and delivered by each party, and constitutes a legal, valid, and binding obligation of each enforceable in accordance with the terms as party of the Effective Date. These representations and agreements are for the benefit of the Issuer, and have been relied on by the Issuer in issuing the Letter of Credit.
EXECUTED by the parties to be effective as of the Sept K City Official H 1992.
Subdivider дум day of 9 VOL 2192899 STATE OF COUNTY OF This instrument was acknowledged before me on the 1992 by Joseph A. DiQuinzigtc.
day of September, as Vice President NOTARY ADRIANE DANIEL Notary Public, Saste of Texas My Commission Expires April 4, 1993 Signature of Notary My Commission Expires: Printed Name of Notary STATE OF TEXAS : COUNTY OF TRAVIS: This instrument was acknowledged before me on the 1992 by Tracy Huntson th as Assistant Director day of Sept for... the Department of Planning and Development of the City of My Commission Expires: 2-27-93 Carol Kamil Signature of Notary Carol Kaml
he 1992 by Tracy Huntson th as Assistant Director day of Sept for... the Department of Planning and Development of the City of My Commission Expires: 2-27-93 Carol Kamil Signature of Notary Carol Kaml Printed Name of Notary Austin.
EXHIBITS: Exhibit A Exhibit B Property Description Subdivision Improvements 10 VOL 2192 PAGE 900 EXHIBIT A: METES AND BOUNDS DESCRIPTION OF PROPERTY 11 VOL 2192 PAGE 901 EXHIBIT "A" METES AND BOUNDS DESCRIPTION BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE W.J.
BAKER SURVEY, ABSTRACT NO. 64, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS BEING OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO MILWOOD JOINT VENTURE II, OF RECORD IN VOLUME 2,177 , PAGE 620, OF THE WILLIAMSON COUNTY, TEXAS, DEED RECORDS SAID TRACT BEING 2.113 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN IRON ROD SET IN THE CURVING NORTHERLY R.O.W. LINE OF TAMAYO DRIVE OF RECORD IN VOLUME 1976 PAGE 450 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS FOR THE MOST WESTERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH SAID POINT OF BEGINNING THE NORTHEAST CORNER OF MILWOOD SECTION THIRTY-TWO A, A SUBDIVISION OF RECORD IN CABINET I , SLIDES 64-67 OF THE WILLIAMSON COUNTY, TEXAS PLAT RECORDS SAID POINT OF BEGINNING THE NORTHWEST CORNER OF THE W.J. BAKER SURVEY, ABSTRACT NO. 64, BEARS N76°19′15"W 2892.17 FEET; .
THENCE LEAVING SAID TAMAYO DRIVE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N56°14'05"E 120.17 FEET TO AN
N DESCRIBED TRACT NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A NORTH LINE OF THE HEREIN DESCRIBED TRACT N56°14'05"E 120.17 FEET TO AN IRON ROD SET FOR THE MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; 120.00 FEET TO AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; SET IN THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A NORTH LINE OF THE HEREIN DESCRIBED SET FOR THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE LEAVING SAID TAMAYO DRIVE FOR AN EAST LINE OF THE HEREIN DESCRIBED TRACT S18°16′00 ″E 125.00 FEET TO AN IRON ROD SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE FOR A SOUTH LINE OF THE HEREIN DESCRIBED TRACT S71°44'00"W 251.78 FEET TO AN IRON ROD SET FOR THE MOST SOUTH SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; 12 OL 2192 PAGE 902 VOL THENCE FOR A WEST LINE OF THE HEREIN DESCRIBED TRACT N18°16'00"W 125.00 FEET TO AN IRON ROD SET IN THE SOUTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE CROSSING SAID TAMAYO DRIVE N28°23'16"W 71.11 FEET TO AN IRON ROD SET IN THE NORTH LINE OF SAID TAMAYO DRIVE FOR A CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE NORTH LINE OF SAID TAMAYO DRIVE FOR A SOUTH LINE OF THE HEREIN DESCRIBED FOUND AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A
T; THENCE WITH THE NORTH LINE OF SAID TAMAYO DRIVE FOR A SOUTH LINE OF THE HEREIN DESCRIBED FOUND AT THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 597.63 FEET AND AN ARC DISTANCE OF 192.36 FEET WHOSE CHORD BEARS S62°30'45 "W 191.53 FEET TO THE PLACE OF BEGINNING CONTAINING 2.113 ACRES OF LAND.
LOCK\MILM33B.NOT 13 STATE BILLY HTRIMBLE SURVE 9.9.'92 EXHIBIT B: SUBDIVISION IMPROVEMENTS VOL 2192 PAGE 903 External Subdivision Improvements. Subdivider and City agree the following improvements located outside the boundaries of the Subdivision are required in connection with the approval and development of the Subdivision (collectively , the "External Subdivision Improvements"). Subdivider agrees deliver a financial guarantee acceptable in form and substance to the City in an amount equal to Subdivider's pro-rata share of the estimated cost to construct and install the External Subdivision Improvements, in the amount listed below, as follows: to Description of Improvement(s) a) Drainage b) Restoration Total Estimated Cost Subdivider's Pro-rata Share $2,520.00 $ 900.00 c) d) Internal Subdivision Improvements. Subdivider and City agree the following improvements located inside the boundaries of the Subdivision are required in connection with the approval and development of the Subdivision (collectively , the "Internal Subdivision Improvements"). Subdivider agrees to deliver a financial guarantee acceptable in form and substance to the City in an amount equal to the Estimated Cost of Completion listed below, as follows: a) Description of Improvement(s) b) c) d) ༠༠༠༠ e) STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon
sted below, as follows: a) Description of Improvement(s) b) c) d) ༠༠༠༠ e) STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on SEP 18 1992 Claine Price COUNTY CLERK WILLIAMSON COUNTY, TEXAS Estimated Cost of Completion 1532 SEP 13 PM 1: 11 XXXIX