VOL 2704PAGE07~3 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OAK BROOK Tr~ STATE OF TEXAS COUNTY OF WILLIAMSON § § § DOCI:t 9513990 KNOW ALL MEN BY THESE PRES~'"TS: THAT Wh""EREAS, SCOTT FELDER LIMITED PARTNERSHIP, a Maryland lirni ted parcnership ("Declarant") is the owner of certain real proper::y located in Williamson County, Texas, as more par;:.ic"..llarly desc:::-ibed on Exhibi~ "A", at::ached heret:o and incorporated herein by reference (the "P:::-operty"); a."ld WHEREAS, Declarant desires protective covenants, conditions, set forth; a.."l.d to convey the Property subject to certain restrictions, liens, and charges hereinafter Nr:EREAS, Declarant desires to create and carry out a uniform plan for the improvement, development:, and sale of the Property for the benefi;: of ;:he present and future owners of the Property: NOW, THEREFORE, it is hereby declared: {i) that all of the Property shall be held, sold, conveyed, and occupied subject to the follow~"lg easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Proper::y and shall be binding on all parties having any right, title, or interest in or to the Propercy or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and {ii) that each contract or deed which may hereafter be executed with :::-egard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted whether or not the same are set out or referred to in said contract: or deed.
ARTICLE I DEFINlTIONS
elivered, and accepted whether or not the same are set out or referred to in said contract: or deed.
ARTICLE I DEFINlTIONS Unless the context other,.;ise soecifies or requires, the following words and phrases when used in this Declarition shall have the meanings hereinafter specified: l.Ol. Architectural Committee. "Architectural Committee" shall mean the committee created oursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
l. 02. Architectural Committee Rules. "Architectural Committee Rules" shall mea.."l. the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time.
l. 03. Articles. "Articles" shall mean the Articles of Incorporation of Oak Brook Owners Association, Inc., which will be filed in the office of the Secretary of Stace of the State of Texas, as the same are from time to time amended.
1.04. Assessment. "Assessment" or "Assessments" shall mean assessment{s) levied by the Association ~"l.der the terms and provisions of this Declaration.
l. 05. Association. "Association" sl".all mean and refer to Oak Brook Owners Association, !nc., a Texas ::1on-orofit corporation created or ~o be created pursuant to the Articles. 10846.12/SPA/RGR/1058/040395 1 VOL 2 7 0 4 PAGE 0 7 ;J 4 1. 06. Association Rules. "Association Rules" shall mean the r'..l.les and regulations adopted by the Board as the same may be amended from time to time.
1.07. Board. "Board" shall mean the Board of Directors of the Association.
1. 08. Bvlaws. "Byla•,ys" shall mean the Bylaws of the Association which may be adopted by the Board, as the same are from time to time amended.
" shall mean the Board of Directors of the Association.
1. 08. Bvlaws. "Byla•,ys" shall mean the Bylaws of the Association which may be adopted by the Board, as the same are from time to time amended.
1.09. Common Area and Facilities. "Common Area and Facilities" shall mean Lots and other properties designated by Declarant and conveyed to the Association for the common benefit of the Owners. Common Area and Facilities may be from t.ime to time and at any time. If and at the time Declarant annexes additional real property to the Property in accordance with Section 2.02 hereof, additional Common Area and Facilities may be designated.
1.10. Declarant. "Declarant" shall mean Scott Felder Limited Part..~ership, its duly authorized representatives or their respective successors or assigns; provided that ru~y assignment of the rights of Scott Felder Limited Partnership as Declarant. must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
amended from time to time.
appurtenances thereto of every type and kind, including but not. limited to, buildings, outbuildings, storage sheds, plays capes, patios, ce."l..~is courts, basketball goals, swimming pools, recreational or athletic equipme.~t, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks,
creational or athletic equipme.~t, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, and other facilities used in connection "ll'ith water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
1.13. Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on the Plat of the Subdivision, cogether with all Improvements located thereon.
1.14. Member. "Member" or "Members" shall mean any person{s), entity or entities holding membership rights in the Association.
1.15. Mortgaoe. "Mortgage" or "Mortgages" shall mean any mortgage{s) or deed{s) of t:::ust covering any portion of the Property given to secure the payment of a debt. .. .. J.
1.16. Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or Mortgages.
1.17. Owner. "Owner" or "Owners" shall mean the person(s), entity or entit~es, including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.18. Person. "Person" or "Persons" shall mean any individual {s), entity or entities having the legal right. to hold title to real property.
1.1.9. Plans and Soecifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating locat~on, size, shape, configuration, materials, site plans, excavation ru~d grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation
not limited to, those indicating locat~on, size, shape, configuration, materials, site plans, excavation ru~d grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation 10846.12/SPA/RGR/1058/040395 2 VOL 2 7 0 4 PAGE Q 7 £; 5 drawings, floor plans, specifications on all building products and construction tecr.niques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.
1.20. Plat. "Plat" shall mean the subdivision plats pertaining to the Property as the same may be amended from time to time.
1.21. The Restrictions. The "Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Association Rules, the Architectural Committee Rules, and the Articles and Bylaws.
1.22. Subdivision. "Subdivision" shall mean a portion of the Property which is subdivided by virtue of a final subdivision plat which is filed of record in t~e ?lat Records of Williamson County, Texas.
1.23. Suoolemental Declaration. "Supplemental Declaration" shall mean and refer co any declaration of covenants, conditions and restrictions which may be area of the Property to further covenants, conditions or restrictions . .... .
DEVELOPMENT OF THE PROPERTY 2.01. Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property free of these restrictions.
2.02. Addition of Land. Declarant may, at any time and from time to time,
n of the Property free of these restrictions.
2.02. Addition of Land. Declarant may, at any time and from time to time, hereinafter described, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein (as modified or amended by the covena.J.ts, conditions, rest:::-ictions and obligations, if any, set forth in Supplemental Restrictions affecting such added lands) shall apply to the added land, and the rights, privileges, duties, and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Real Property Records of Williamson County, Texas, a notice of addition of land containing the following provisions: (A) A reference to this Declaration, which reference shall state the book and page numbers of the Williamson County Real Property Records wherein this Declaration is recorded; (B) A statement that the provisions of this Declaration shall apply to the added land; and (C) A legal desc:::-iption of the added land.
2.03. Addition of Land by Members. At such time as Persons other than Declarant hold at least eighty percent (80%) of the total number of votes entitled to be cast pursuant to Section 6.03(A), the Board may, but shall not be obligated, propose co add land to the Property, and upon (i) written approval of the Members entitled to cast sixty-seven percent (67%) of the votes entitled to be cast pursuant to Section 6.03(A), and (ii) upon the filing of a notice of addition of land as hereinafter described, this Declaration and the covenants,
seven percent (67%) of the votes entitled to be cast pursuant to Section 6.03(A), and (ii) upon the filing of a notice of addition of land as hereinafter described, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall apply to the added land, and the rights, privileges, duties and liabilities of the person subject to this Declaration shall be the same with respect to the added land as to the lands originally covered by this Declaration. In order to add lands to the Property pursuant to this Section 2.03, the notice of addition of land shall 10846.12/SPA/RGR/1058/040395 , 3 VOL 2704PAGE07~6 ,.. :ecorded in the Real Property Records of Williamson County, Texas, and contain (A) A reference to this Declaracion, which reference shall state the book and page numbers of the Williamson County Real Property Records wherein this Declaration is recorded; (B) A statement thac the provisions of this Declaration shall apply to the added land; and (C) A legal description of the added la~d.
2.04. Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdraw areas from the Property, and upon such withdrawal, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall :10 longer apply to chose la.."lds withdrawn. In order co withdraw lands from the Property herecu"lder, Declarant shall be required only to record in the Real Property Records of Williamson Councy, Texas, a notice of withdrawal of land containing the following provisions: (A) (B) (C) A reference to this Declaration, which reference shall state the book and page numbers of the Williamson County Real Property Records wherein this Declaration is recorded;
wing provisions: (A) (B) (C) A reference to this Declaration, which reference shall state the book and page numbers of the Williamson County Real Property Records wherein this Declaration is recorded; A statement that the provisions of this Declaration shall no longer apply to the withdrawn land; and A legal description of the withdrawn land.
ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3 .Ol. Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less tha-~ the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may =urther divide and subdivide a.."ly Lot and convey any easements or other incerests less than the whole, all without the approval of the Architectural Committee.
3. 0 2. Hazardous Activities. No acti vi cies shall be conducted on the Property a.."ld no Improvements constructed on the Property which are or might be ur.safe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fire'Claces, or in contained barbecue units while attended and in use for cooking purposes.
3. 03. Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.04. Mining and Drilling. No portion of the Property shall be used for
uld increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.04. Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. ,....
10846.12/SPA/RGR/1058/040395 4 . ,....
' I VOL 2 7 0 4 PAGE 0 7 S 7 ,,.. 3. OS. Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than secur~ty devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No noise shall be permitted to exist or operate upon any portion of the Property so as co be o::fensive or detrimental to any other portion of the Property or to its occupar1ts .
3.06. Nuisance. No noxious or offensive activities shall be oermitted to exist or operate upon any portion of the Property, nor shall anything be done upon the Property whic~ may be offensive or detrimental to any portion of the Property or to its occupants.
3.07. Animals- Household Pets. No animals, including pigs, hogs, swine, cu~imal not considered to be a domestic household pet within the ordinary meaning and ~nterpretation of such words may be kept, maintained, or cared for on the Prooertv. No Owner mav keeo on such Owner's Lot more than four (4) cats and on the Property other tha.'l on the Lot of its Owner unless confined t:O a leash.,,"
l be allowed to make an unreasonable on the Property other tha.'l on the Lot of its Owner unless confined t:O a leash.,," No animal may be stabled, maintained, kept, cared for, or boarded for hire or ; remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clecu~, sanitarf, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of reasonable design and const:::"..lCtion co adequat:ely contain such animals ~n accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.
3. 08. Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any ether property or to its occupants.
Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be appropriately screened from view. Covered containers containing refuse, garbage, or trash may be placed in front of a single family residence located upon the Lot and next to the roadway adjacent to such Lot for waste serTice collection but must be removed and screened from view on or before twelve (~2) hours after such covered container has been emptied by waste service collection.
3.09. Maintenance. Each Owner shall keep all shrubs, trees, grass, and
and screened from view on or before twelve (~2) hours after such covered container has been emptied by waste service collection.
3.09. Maintenance. Each Owner shall keep all shrubs, trees, grass, and and other unsightly material. All Improvements upon any Lot shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner of such Lot. Declarant, the Association, and the Arc~itectural Committee shall have the right at any reasonable time to e.."lter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; to paint, repair, or otherwise mai..T'ltain any Improvements in need thereof; and to charge the cost thereof to the Owner of the Lot as provided in Sect~on 6.04(E) hereof.
3.~0. Towers/Antennas. No antenna, sa.::ellite dish or other device for the tra-~smission or reception of television signals, radio signals or any other form of electromagnetic radiation which is visible from the exterior of a residence shall be erected, used or maintained on any Lot except with the written approval of -::he Architectural Committee. Any such de·Tice approved by t:he Archicect:u-al Committee shall be located to the rear of the roof ridge line, gable line or center line of the principal single family residence if attached to such residence and shall be located to the rear of the rear wall of the principal single-family residence if it is a free-standing device. No such device shall be permitted to extend above the roof of the principal single-family residence 10846.12/SPA/RGR/1058/040395 5 VOL 2 7 0 4 PAGE 0 7 r; 8 so as to be visible from any street adjoining said Lot. In the event audio/video
extend above the roof of the principal single-family residence 10846.12/SPA/RGR/1058/040395 5 VOL 2 7 0 4 PAGE 0 7 r; 8 so as to be visible from any street adjoining said Lot. In the event audio/video communication services are made available to any Lot by a co-axial cable system, no television antenna may be erected thereon and any existing exterior television antenna shall be removed, except as specifically allowed in writing by the Architectural Committee.
3.11. ~. Except for signs which are a part of Declarant's overall Lot except: (A) A builder who is engaged L~ construction of a single-family residence upon a Lot may advertise such Lot or any residential structure thereon for sale w~til such time as the Lot and/or any residential structure situated thereon is sold; square feet on said Owner's Let to advertise such Lot or any residential structure located thereon for sale or rent; ~c (D) No more than three (3) pol~tical signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such sign shall not be erected more than ninety (90) days in advance of an election to which they pertain and are removed within fifteen (15) days after such election.
3.12. Tanka. The Architectural Committee shall have the right to approve residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall
residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot. All tanks shall be screened so as not to be visible from any other portion of the Property.
3.13. Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the prior written approval of che Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure.
3.14. Athletic and Recreational Facilities. OUtdoor athlecic and recreational facilities such as swing sets and sport courts of either a permanent or temporary ~ature shall not be placed upon any Lot between any roadway within the Property and the front of the single family residential str~cture located upon the Lot. Notwithstanding the foregoing provision, basketball goals shall be permitted; provided, however, the basketball goal must be (i} attached to a free standing pole, (ii) located on the principal driveway of the single-family residential structure located upon the Lot, and (iii) positioned no closer than thirty (30) feet from the nearest curb of the roadway adjacent to and intersecting the driveway.
3 .15 Window Treatment. No aluminum foil, reflective film or similar treatment shall be placed on any Improvement located upon a Lot.
3.16. Unsightly Articles; Vehicles. No article deemed to be unsightly by
Window Treatment. No aluminum foil, reflective film or similar treatment shall be placed on any Improvement located upon a Lot.
3.16. Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or from p\:.blic or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, 10846.12/SPA/RGR/1058/040395 6 VOL 2 7 0 4 PAGE 0 7 f) 9 and garden maintenance equipment shall be kept at all times except when L"l actual use, in enclosed structures or screened from view from any adjacent Lot or roadway within the Property 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. No automobiles or other vehicles may be parked on any cul-de-sac adjacent to greenbelts within the Property, storage areas, and compost piles shall be appropriately screened from view, and or scrape or refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. FACILITIES FOR F.ANGING, DRYING OR AIRING CLOT:-iiNG OR HOUSEEOLD FABRICS SHALL NOT BE PERMITTED ON ANY LOT.
3.17. Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on a:1y Lot or used as a residence, either
HOUSEEOLD FABRICS SHALL NOT BE PERMITTED ON ANY LOT.
3.17. Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on a:1y Lot or used as a residence, either temporary or perm~"lent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time.
a Lot shall have sufficient garage space to accommodate at least t·..,o (2) automobiles. All garages shall be maintained for the storage of automobiles, and no garage may be enclosed or otherwise used for habitation.
3.19. Sight Distance at Intersection. No fence, wall, hedge or shrub planting that obstructs sight-lines at elevations between two (2) and nine (9) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within the triangular area formed by the street line, a driveway or alley a street property line with the edge of a driveway or alley pavement. All tree foliage within such distances of intersections shall be maintained to meet the sight-line req-..1irements set forth above. Notwithstanding the foregoing or anything in this Declarat~on to the contrary, at a minimum, sight distances
f intersections shall be maintained to meet the sight-line req-..1irements set forth above. Notwithstanding the foregoing or anything in this Declarat~on to the contrary, at a minimum, sight distances required by any applicable governmental authority shall be complied with.
3.20. Compliance with the Restrictions. Each Owner shall comply st=ictly with che orovisions of the Restrictions as the same may be amended from time to time. F'ailure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintai~able by the Board on behalf of the Association, by an aggrieved Owner, or by the Fern Bluff Municipal Utility District (the "District") with respect to any violation which occt!rs upon a Lot or other portion of the Property which is within the District's boundaries. Notwithstanding the foregoing provision, the District, at least ten (10) days prior to taking any action to enforce any provision o:: these Restrictions, shall be required to notify the Association of the Dist=ict's a description of the violation, {ii) the name and address of the Owner in viola cion of the Restrictions, and {iii) the District's proposed course of action to address the violation.
3.21. Liability of OWners for Damage to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area and Facilities without the prior written approval of the Board.
Each Owner shall be liable to the Association for any and all damages to (i) the Common Area and Facilities, or (iil any Improvements constructed on any Lot, the
e prior written approval of the Board.
Each Owner shall be liable to the Association for any and all damages to (i) the Common Area and Facilities, or (iil any Improvements constructed on any Lot, the maintenance o! which has been assumed by the Association, which damages were cat!sed by the neglect, misuse or negligence of such Owner or Owner's family, or 10846.12/SPA/RGR/1058/040395 7 VOL. 2 7 0 4 PAGE 0 7 6 0 such Owner. The full cost of all repairs of such damage shall be an Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided for in Section 8.06 hereof, including, but not limited to foreclosure of such lien. No :railer, grader, truck, pickup, boa:, tractor, camper, wagon, bus, motorcycle, motorscooter, or any ot~er vehicle may be driven on or parked upon any portion of the Common Area and Facilities unless said vehicle is being utilized for Common Area and Facilities maintenance.
3.22. No Warranty of Enforceability. While Declarant has no reason to believe thac the terms and provisions of this Declaration are or may be i~valid representation as to the present or future validicy or enforceabilicy of any such terms or provisions. Any Owner acquiring a Lot in reliance on this Declaration shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
3.23. Window Units. No . ...,indow cr wall-type air conditioner shall be permitted to be used, placed or maintained on or in any Improvement located upon
, agrees to hold Declarant harmless therefrom.
3.23. Window Units. No . ...,indow cr wall-type air conditioner shall be permitted to be used, placed or maintained on or in any Improvement located upon the Property, without the advance written consent of the Architectural Committee.
ARTICLE IV USE AND CONSTRUCTION RESTRICTIONS 4. 01. Approval for Construction. No Improvements shall be constru.cted upon 4.02. Residential Use. All Locs shall be improved and used solely for Improvements as are necessary or customarily incident to residential use.
4.03. Commercial or Industrial Use. No Lot, or Imcrovement shall be used residential purpose, other than those non-resident:ial purposes sec forth in Section ~0.05. Notwithstanding any other provision in this Section 4.03 or the Declaration to the contrary, "garage sales" shall be permitted provided that no Owner shall conduct more than one (~) garage sale of no more than two (2) days duration during any six (6) month period.
4. 04. Rentals. Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least six (6) months.
4. OS. Detached Buildings. No det:ached accessory buildings, incl:1ding, but not limited to, detached garages and storage buildings, shall be erecced, placed or constructed upon any Lot without the prior written consent of the Architectural Committee. Every detached accessory building shall be compatible
ages and storage buildings, shall be erecced, placed or constructed upon any Lot without the prior written consent of the Architectural Committee. Every detached accessory building shall be compatible with the design of and materials utilized in the single-family residential structure located upon the Lot:. Not:wit:hstanding any other provision in the Declaration to the cor-trary, i~ no event shall any detached accessor: building exceed one (1) story in height or have a total floor area in excess of ten percent (10%) of the floor area of the single-family residential structure located upon the Lot.
4. 06. Building Height. No Improvement greater than thirty-five feet (35') in height may be constructed on any Lot without the prior written approval of the Architectural Commit tee. For purposes of his paragraph, height shall be measured from the top of the foundation slab of the proposed Improvement to the ridge line of the roof of the proposed Improvement.
4.07. Obstruction of Views. The Architectural Committee may, but: shall not be required to, prevent or allow the construction of a proposed Improvement based 10846.12/SPA/RGR/1058/040395 8 VOL. 2 7 Q 4 PAGE 0 7 61 upon the effect it will have upon the view from any particul-ar Lot. The Architectural Committee may consider the effect the Improvement will have on the Property as a whole, it being expressly Wlderstood that neither the Architectural Committee nor the members thereof shall be liable to any Owner in monetary damages or otherwise due to the construction of any Improvement within the Property or the creating thereby of an obstruction to the view from such Owner's Lot or Lots.
4.08. Setback Lines. In addition to any requirements imposed by the Plat,
on of any Improvement within the Property or the creating thereby of an obstruction to the view from such Owner's Lot or Lots.
4.08. Setback Lines. In addition to any requirements imposed by the Plat, (i) no building or other improvement shall be located nearer than twenty-five (25) feet from the front Lot line; and (ii) no building or other improvement (except fences) shall be located nearer than five (5) feet from any side Lot line, or ten (10) feet from any rear Lot line. For the purpose of this Section 4.08, eaves, steps, and open porches shall not be considered as part of the building or improvement; provided, however, that this sentence shall not be construed to permit any portion of the construction or building on any Lot to encroach upon any Lot or port~on of the ?roperty.
4.09. Fences. No fences, walls or hedges shall be located nearer than thirty-five (35) feet from the front Lot line. No fence shall be erected upon any Lot which is located less than ten (10) feet from the front wall of the single family residence constructed upon said Lot. No fence located upon any corner Lot shall be located nearer than fifteen (15} feet from the side Lot line adjacent to the street. Fences located upon any interior Lot may be erected upon the side Lot line of said Lot, and any fence, whether located upon an interior or corner Lot, may be erected upon the rear Lot line of said Lot.
Notwithstanding the foregoing sentence, the fence setback requirements may be increased, but not decreased, by the Architectural Committee in order to comply with the requirements of Section 3.19. All fences located upon any portion of the Property shall be six (6} feet in height and shall be constructed of wood or masonry, unless advance written approval is obtained from the Architectural
.19. All fences located upon any portion of the Property shall be six (6} feet in height and shall be constructed of wood or masonry, unless advance written approval is obtained from the Architectural Commit tee. No chain link, metal, cloth or agricultural fences may be constructed or maintained upon any portion of the Property. Unless the Owners agree other#ise, side and rear yard fences which separate adjacent Lots shall be owned and maintained by the Owner on whose Lot the fence is erected, or if the location of the fence is indefinite, the fence shall be jointly maintained by the Owners on whose Lots the fence separates.
4.10. Landscaping. Landscaping located upon any Lot, including temporary landscaping, shall be properly maintained at all times by the Owner on whose Lot the landscaping is located. The .~chitectural Committee shall be entitled to or Owners to whom the recomme~dations are directed shall be obligated to comply with such recommendations. Decorative croundcover rock in the front and side yards of each Lot may not exceed ten (10}-percent of the total area of the front and side yard of such Lot.
4 .11. Building Materials; Dwelling Size. All single family dwellings shall be of recognized standard construction quality and e.xterior walls shall be specifically approved in writing by the Architectural Committee. For the purpose of calculating the total percentage of mason-ry required by this Section 4.11 (i) all gables shall be excluded from the total area of exterior walls; (ii) all windows and door openings shall be excluded from the total area of the exterior
mason-ry required by this Section 4.11 (i) all gables shall be excluded from the total area of exterior walls; (ii) all windows and door openings shall be excluded from the total area of the exterior walls; and (iii) stone and masonry used on fireplaces and walls of an attached garage may be included in the computation as stone or masonry used. All single family dwellings shall contain not less than 1,200 square feet of finished heated and air-conditioned living space, exclusive of porches (open or covered), decks, garages, and carports.
4.~2. Construction in Place. All dwellings constructed on the Property shall be built in place on the Lot and the use of prefabricated materials shall be allowed only with the prior written approval of the Architectural Committee.
10846.12/SPA/RGR/1058/040395 9 VOL 2704PAGE07G2 4.13. Alteration or Removal of Imp:::-ovements. Any construction, other thari normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement shall be performed only with the prior written approval of the Architectural Committee.
4.14. New Materials. Only new materials shall be construction of any Improvement to be located upon a Lot, approved in writing by the Architectural Committee. utilized in the unless otherwise 4.15. Chimnevs. All fireplace flues, smoke stacks and suark arresters shall be completely enclosed and concealed from public view and fi:lished chimneys shall be of materials architecturally compatible with the principal finish material of the exterior walls of the single-family residential structure to be Committee.
4.15. Roofing Materials. All roofing materials muse be approved in advance
family residential structure to be Committee.
4.15. Roofing Materials. All roofing materials muse be approved in advance are specifically permi::ted: gray "weathered wood" fiberglass composition shingle 4.17. Driveway. The Architectural Committee shall have the right to impose limitations on driveway design, including materials, aprons, location, and point of contact with dedicated roads, st:::-eets, or private driveways in the Subdivision. Driveways shall be constructed so that they have a sufficient rise in elevation to allow for the surface water drainage along the curb l;~e of the street to continue without interruption or change in direction of flow.
4.18. Garbaqe Containers. The Architectural Committee shall have t..~e :::-ight placement of garbage containers for waste collection.
4 .19. Underground Utility Lines. No utility lines, including but not limited to, wires or other devices for the communication or tran.smission of telephone or electric current or power, cable television, or other type of line or wire shall be erected, placed, or maintained anywhere in or upon any portion of the Property unless t~e same shall be contained in conduit or cables installed and maintained underground or concealed in, under, or on buildings or other Improvements as approved in writing by the Architectural Committee; provided, however, that no provision hereof shall be deemed to forbid the ereccion of
concealed in, under, or on buildings or other Improvements as approved in writing by the Architectural Committee; provided, however, that no provision hereof shall be deemed to forbid the ereccion of temporary power or telephone structures incident to the construction of buildings or other Improvements ·which have been previously approved in writing by the Architectural Committee. The installation method, including but not: limited to, location, type of installacion equipment, trenching method, and other aspects of installation, for bot~ cemporary and permanent utilities, shall be subject to review and approval by the Architectural Committee.
4. 21. Drainaqe. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate orovision is made for proper drainage and approved by the Architectural Committee.
4.22. Construction Activities. This Declaration shall not be construed so as to unreasonably interfere with or prevent normal conscruction activities during the construction of Improvements ~y an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event that: construction upon any Lot does not conform to usual practices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek 10846.12/SPA/RGR/1058/040395 10 VOL 2704PA6E0763
in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek 10846.12/SPA/RGR/1058/040395 10 VOL 2704PA6E0763 an injunction to stop such construction. In addition, ~t during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Committee may contract for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
ARTICLE V COMMON AREA AND FACILITIES 5. 01. Common Area and Facilities. No land within any Common Area and have been approved by Declarant, in its sole and absolute discretion. Such required approval shall extend to the nature and type of use, occupancy and improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Common Area and Facilities may be limited to persons currently paying Assessments, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all unon: discretion.
5.02. Condemnation. If all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary} , the Association shall be entitled to participate in the proceedings incident thereto. The expense of
en by eminent domain or by power in the nature of eminent domain (whether permanent or temporary} , the Association shall be entitled to participate in the proceedings incident thereto. The expense of participation in such proceedings by the Association shall be a common expense to be paid out of Assessments. The Association is specifically authorized ·to obtain and to pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association, in its discretion, deems necessary or advisable to aid it in any matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Association. The Association, in addition to the general powers set out herein, shall have the sole authority to determine whether to contest or defend any such proceedings, to make any settlement with respect thereto or to convey _ such property to the condemning authority in lieu of condemnation.
ARTICLE Vl: THE ASSOCIATION 6.01. Organization. The Declarant shall, at such time as Declarant deems annrooriate, cause the =ormation and incorooration of the Association. The •...rith the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.02. Membership. Any Person upon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall :::un with the ownership of the Lot •...rhich qualifies the Owner thereof for
pon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall :::un with the ownership of the Lot •...rhich qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
6.03. Voting Rights. The right to cast votes, and the number of votes which may be cast, for election of members to the Board and on all other matters to be voted on by the Members shall be calculated as follows: (A) The Owner (including Declarant) of each Lot within the Property shall have one vote for each Lot owned.
VOL 2704PAGE0764 (B) In addition to the votes to which it is entitled by reason of Subparagraph (A) of this Seccion, for every one vote outstar.ding in favor of any other person or entity, Declarant shall have four (4) votes until the votes described in Subparagraph (A) of this Section which are owned by Persons other than Declarant total, in the aggregate, eighty percent (SOt) of the total numbe::- of votes.
Thereafte::-, Declarant shall ~ave only the voces, if any, to which it is entitled under said Subparagraph (Al. of this Section.
6 .04. Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all aces which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any
o and perform any and all aces which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power a."1.d authority at all times as follows: (A) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or reoeal and re-enact the Association Rules and Bylaws. The content of the Association Rules and Association Bylaws may be established by the Board, provided the same are not in conflict with this Declaration.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the ooinion of the Board, are reasonablv necessary or appropriate to carry out the Association functions.
(C) (D) Records. To keep books and records of the Association's affairs.
Assessments. To levy assessments as provided in Article VIII below.
An assessment is defined as that sum which must be levied in the order to raise the total amount for which the levy in question is being made.
(E) Ricrht Of Entry and Enforcement. To enter at any time in an emergency or in a non-eme::-gency, after twenty-feu::- (24) hours written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, entry upon any Lot and the maintenance and repair work conducted
area, Improvement, or other facility to conform to the Restrictions, entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owne::-of the Lot entered upon, shall be a lien upon the Lot entered upon and the Imorovements thereon, and shall be enforced in the same manner and to-the same extent as provided in Article VIII hereof fo::-regular and soecial assessments. The Association shall have the cower and authority from time to time, in its own name and on its o~ behalf, or in the name of and on behalf of anv Owner who consents thereto, to commence and maincain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also auchorized to settle claims, enforce liens, and take all such act~on as it may deem necessary or expedient to enforce the Restrictions; o::-ovided, however, that the Board shall never be authorized to exoend any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
10846.12/SPA/RGR/1058/040395 12 VOL. 2704P~GE07G5 (F) Leaal and Accountina Services. To retain and pay for-legal <L-id accounting services necessary or proper in the operation of the Association.
(G) Manaaer. To retain and pay for the services of a person or a firm· (the "Manager") to manage and operate the Association, including its property, to the extent deened advisable by the Board. Additional personnel may be employed directly by the Association or may be furnished by the Manager. To the extent permitted by law, the Association and the Board may delegate any other duties, powers a.~d
ional personnel may be employed directly by the Association or may be furnished by the Manager. To the extent permitted by law, the Association and the Board may delegate any other duties, powers a.~d functions to the Manager. The members of the Association hereby release the Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power, or function so delegated.
6.05. Common Area and Facilities. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties: (A) . To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and :or whatever purpose whic~ may be located in said areas; and to accept, own, operate and maintain all other property, real or personal, conveyed or leased to the Association by Declarant and to maintain in good repair and condition all lands, improvements and other Association property owned by or leased to the Association. Such maintenance shall include, but not be limited to, mowing and removal of rubbish or debris of any kind.
{B) To pay all real and personal property taxes and other taxes Facilities or any other property owned by or leased to the Association to the extent that such taxes and Assessments are not levied directly upon the Members of the Association. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and Assessments.
(C) To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or
anted by law to contest the legality of the amount of such taxes and Assessments.
(C) To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
5.06. Roadway Maintenance. The Association shall be required to maintain all streets and roadways within the Property which have been completed but not accepted by the appropriate governmental entity for maintenance. In addition, the Association shall be authorized to landscape, maintain, and repair easements, access easements, r~gnts-of-way, median strips, sidewalks, paths, trails, detention ponds, lakes, and other areas of the Property, as appropriate.
ARTICLE VII ARCHITECTURAL COMMITTEE 7.01. Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting members ("Voting Members"), and such additional nonvoting members serving in an advisory capacity {"Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Committee: David L. McCracken, David Broussard and Matt D. Matthews.
10846.12/SPA/RGR/1058/040395 13 VOL 2 7 0 4 Pf.GE 0 7 G 6 7.02. Action by Architectural Committee. Items presented to th~ Architectural Committee shall be decided by a majority vote of the Voting Members.
7. 03. Advisory Members. The Voting Members may from time to time designate Advisory Members.
7.04. ~. Each Voting Member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor
s may from time to time designate Advisory Members.
7.04. ~. Each Voting Member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. In the event of death or resignation of any Voting Member, the remaining Voting Member or Voting Members shall have full authority to act until a replacement Voting Member or Voting Members have been designated.
7.05. Declarant's Rights of Aooointment. Declarant, its successors or assi~s shall have the right to appoint and remove all Voting Members of the Architectural Committee until such time as Declarant no longer owns any portion of the Property. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all 7. 06. Adoption of Rules. The Architectural Committee may adopt such orocedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties' including but not limited to, a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
7.07. Review of Prooosed Construction. Whenever in this Declaration the approval of the Architectural Committee is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in auestion and all other facts which, in its sole discretion, are relevant. Exceot as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or a.."'ly portion thereof, the Plans
sole discretion, are relevant. Exceot as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or a.."'ly portion thereof, the Plans and Soecifications therefor shall be submitted to the Architectural Committee, and construction thereof may not commence unless and ~"'ltil the Architectural Committee has approved such Plans and Specifications in writing. The Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for is approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of approved by the Architectural Committee. The Architectural Co~ttee may review Plans and Soecifications submitted for its review and such other information as it deems pr;per. Until receipt by the Arc~itectural Committee of any information or documents deemed necessary by the Architectural Committee, it may postpone review of any Plans and Specifications submitted for approval. No Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finishes, and materials and similar features as to be incompatible with development wichin the Prope=ty and the surrounding area. The Architectural Committee shall have the authority to disapprove any proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The
proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The Architectural Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of st=uctural safety, engineering soundness, or conformance with building or other codes.
7 .08. Actions of the Architectural Committee. The Architectural Committee may, by written resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Archicectural Committee. In the absence of such designation, the vote of the majority of all of the members of the Architectural 10846.12/SPA/RGR/1058/040395 14 9.10A of the Texas Non-Profit Corporation Act, shall constitute an act of the Architectural Committee. Notwithstanding anything to the contrary, in the event and Specifications within thirty {30) days of receipt of all required information, the Architec~ural Committee shall be deemed to have approved such Plans and Specifications.
7. 09. No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in con."lection with any other onatter requiring the approval or conse..~t of the Architectural Committee shall not be deemed to constitute a waiver of any
cifications for any work done or proposed or in con."lection with any other onatter requiring the approval or conse..~t of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
7.10. Work in Progress.
inspect all work in progress Specifications. The Architectural Committee, at its option, may to insure compliance with approved Pla..'"ls and 7.11. Address. :?lans and Specifications shall be submitted to the Architectural Committee at 1717 West 6th Street, Suite 260, Austin, Texas 78703, or such other address as may be designated from time to time.
a reasonable submission fee for each set of Plans and Specifications submitted for its review.
7 .13. Certificate of Compliance. Upon completion of ~'"ly Improvement approved by the Architectural Committee and upon written request by the Owner of the Lot, the Architectural Committee may issue a Certificate of Compliance in a form suitable for recordation. The Certificate may identify the Lot and the Improvements, the use or uses to be conducted thereon, and the Plans and Soecifications on file with the Architectural Committee oursua..'"lt to which the Improvements were made and shall specify that the Improvements comply with the approved Plans and Specifications. The Certificate shall not be construed to certify the acceptability, sufficiency, or approval by the Architectural -Corrmittee of the actual construction of the Improvements or the workmanship or materials thereof. The Owner is hereby ~otified that the Certificate in no way
ciency, or approval by the Architectural -Corrmittee of the actual construction of the Improvements or the workmanship or materials thereof. The Owner is hereby ~otified that the Certificate in no way warrants, except as set forth above, the sufficiency, acceptability, or approval by the Architectural Committee of the construction, workmanship,materials, or equipment of the !mproveme..'"lts. Preparation and recordation of such a Certificate shall be at the expense of the Owner of ~he improved Lot.
ARTJ:CLE VJ:II FUNDS AND ASSESSMENTS 8.01. Assessments.
(A) The Association may from time to time levy Assessments against each Lot whether or not improved. The level of Assessments shall be equal and uniform between all Lots, except that no Assessments hereunder shall be levied against Declarant.
-{B) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
10846.12/SPA/RGR/1058/040395 15 VOL. 2704PAGE07G8 (C) Each unpaid Assessment and lace charges, together with such interest thereon and costs of collection thereof as hereinafter nrovided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall become a vendor's lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
8. 02. Maintenance Fund. The Board shall establish a maint:enance fund into which shall be deposited all monies paid to the Association and from which
n accordance with the provisions of this Article.
8. 02. Maintenance Fund. The Board shall establish a maint:enance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Associat:ion under this Declaration. The funds of the Association must be used solelv for P~-ooses authorized by this Declarat:ion, as it may from time to time be amended: 8.03. Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the exper.ses to be incurred by the Association during such year in performing its functions under the Restrictions, including but: not limited to the cost: of all roadway and right:-of-way maintenance, the cost of enforcing the Rest:riccions, and a reasonable provision for cont:ingencies and the prior year's fund. .r..ssessment:s sufficient to pay such estimated net expenses · shall then be levied as herein provided, and the level of Assessment:s set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time and from time to time levy further Assessments in :.~e same manner as aforesaid. All such regular Assessments shall be due and payable to the Association at the begin.~ing of the fiscal year or during :.he fiscal year in equal monthly installments on or before the first: day of each month, or in such other manner as the Board may designate in its sole and absolute discretion.
8.04. Soecial Assessments. In addition to the regular annual Assessments
or before the first: day of each month, or in such other manner as the Board may designate in its sole and absolute discretion.
8.04. Soecial Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under the Rest:r~ct:ions. The Board.
8. OS. Late Charges. If any Assessment is not paid before it is delinquent, the Owner responsible for the payment thereof may be required by the Board to pay a late charge at such rate the Board may designate from time to time, and such late charge (and any reasonable handling costs) shall be a charge upon the Lots owned by the said Owner to which the Assessment relates, collectible in the same manner as herein provided =or collection of Assessments, including foreclosure of the lien against such Lot(s); provided, however, such charge shall never exceed the maximum charge permitted under applicable law.
8. 06. Owner's Personal Obliaation for Payment of Assessments. The regular and soecial Assessments nrovided for herein shall be the oersonal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessmencs. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligaced to pay interest at the highest rate allowed by applicable usur1 laws then in effect on the amounc of the Assessment from the due date thereof (or if there is no such highest rate, then at the rate of two percent (2%) per monch), together with all
applicable usur1 laws then in effect on the amounc of the Assessment from the due date thereof (or if there is no such highest rate, then at the rate of two percent (2%) per monch), together with all 8.07. Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid shall, together with interest as provided in Section 8.06 hereof and the cost of collection, including attorneys' fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The 10846.12/SPA/RGR/1058/040395 VOL. 2 7 0 4 PAGE 0 7 G 9 aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first Hortgage lien of record, securing in either instance sums borrowed for the improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the -unpaid indebtedness, the name of the Owr.er of the Lot covered by such lien and a description of the Lot. Such notice stall be signed by one of the officers of the Associacion and shall be recorded in the office of the County Clerk of Williamson County, Texas. Such lien for payment of Assessments shall attach with
ce stall be signed by one of the officers of the Associacion and shall be recorded in the office of the County Clerk of Williamson County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage. convey, or otherwise deal •.vi th the same.
Upon the written request of any Mortgagee, the Association shall report to said days after the same are due.
8.08. Exemotions. Notwithstanding any provision herein to the contrary, all Common Area and Facilities shall be exempt from the payment of any .1\ssessment levied by the Association, regular or special, and no Assessment, regular or special, shall be levied against any Lots owned by Declar~"t without the prior consent of Declarant.
ARTICLE IX EASEMEN'!'S 9.01. Reserved Easements. All dedi=ations, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, right:.s-of-way, restrictions, and related rights, made prior to t:he Property
l dedi=ations, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, right:.s-of-way, restrictions, and related rights, made prior to t:he Property made a part of this Declaration for all purposes as if fully set forth herein and shall be construed as being adopt:.ed in each and every contract, deed, or conveyance executed or to be execut:.ed by or on behalf of Declarant conveying any part:. of the Property. Declarant reserves the right to make changes in and additions to the said easements and rights-of-way for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other Person, to grant, dedi=ate, reserve or otherwise create, at any time or from time to time, rights-of-way and easemencs for public utility purposes (including without limitation, gas, water, electricity, telephone and drainage) in favor of any Person along any franc, rear, or side boundary line of any Lot, which said easements shall have a maximum width of 7.5 feet.
9.02. Installation and Maintenance. There ~s hereby created an easement connection with installing, replacing, repairing, and maintaining all utilities, including but not limit:.ed to, water, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other a~tities supplying service to install and maintain pipes, wires, conduits, service line, or other utility
virtue of this easement, it shall be expressly permissible for the utility companies and other a~tities supplying service to install and maintain pipes, wires, conduits, service line, or other utility ~ facilities or appurtenances thereto, on,. above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any 10846.12/SPA/RGR/1058/040395 17 VOL 2704PAGE0770 Improvement. Notwithstanding any provision contained in this section, ·no electrical lines, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. T~e utility compar.ies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
9.03. Drainaqe Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or perma.11.ent, in a.11.y drainage easement, except as approved in writing by the Architectural Committee.
9. 04. Surface Areas. '!'he surface of easement areas for underground utilit:y services may be used for planting of shrubbery, trees, lawns, or flowers.
However, neither the Declarant nor any supplier of any utility service using any
ce of easement areas for underground utilit:y services may be used for planting of shrubbery, trees, lawns, or flowers.
However, neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants,: or assigns, to any of the aforesaid vegetation as a result of any act:ivity relating to the construction, maintenance, operation, or repair of any facility in any such easement area.
9.05. Common Area and Facilities. Each Owner shall have an easement for use and enjoyment in and to all Common Area and Facilities which shall be aoourtenant to and shall oass with title to such Owner's Lot, subject: to the foilowing provisions: (A) Right: of Association to suspend the Owner's voting rights and right: to use the Common Area and Facilities for any period during which an Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Association; (B) The right of the Association to dedicate or transfer all or any part of the Common Area and Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be approved by a majority vote of the Members who are entitled to vote pursuant to Section 6.03; (C) The right of the Association to borrow money for the purpo~e of improving the Common Area and Facilities and, ~n furtherance thereof, mortgage the Common Area and Facilities, (D) The right of the Association to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and
rea and Facilities, (D) The right of the Association to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and (E) The right of the Association to contract for services w~tn third parties on such terms as the Association may determine.
ARTICLE X MISCELLANEOUS 10. 01. Term. This Declarat.:.on, including all of the covenants, conditions, and restrictions hereof, shall run until December 31, 2024, unless amended as herein provided. Afeer December 3:1., 2024, ehis Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by 10846.12/SPA/RGR/1058/040395 18 VOL 2704PAGE0771_ a written instrument executed by the Owners of at least eighty percent (80~) of the Lots within the Property then subject to this Declaration.
10.02. Amendment.
(A) Bv Declarant. This Declaration may be amended by the Declarant so long as Declarant holds a majority of the votes of the Association.
No amendment by Declarant shall be effective until there has been recorded in the Real Propercy Records of Williamson County, Texas, forth the amendment.
(B) Bv Owners. In addition to the method in Section 10.02 (A), this Declaration may be amended by the recording in the Williamson County Real Property Records of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners entitled to cast at least eighty percent (80%) of the number of votes entitled to be cast pursuant to Section 6.03(A) hereof.
e amendment and certifying that such amendment has been approved by Owners entitled to cast at least eighty percent (80%) of the number of votes entitled to be cast pursuant to Section 6.03(A) hereof.
10.03. ,,_Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the the person at: the address given by such person to the Association for the pu..~ose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
10.04. Interoretation. The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas.
In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of the Bylaws or Articles, the terms and provisions of this Declaration shall be and are intended to be controlling.
Declaration to the contrar/, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of
he control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavace and grade, to construct any and alter drainage patterns and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
10.06. Nonliability of Architectural Committee and Board Members.
Neither the Architectural Committee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any way connected with t.he performance of the Architectural Cormnit:tee' s or the .Soard's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Committee or its member or the Board or its member, as the case may be.
10.07. Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participacion, in whole or in part, by any ot.."ler Person in any of its privileges, exemptions, rights, and duties hereunder.
10846.12/SPA/RGR/1058/040395 19 VOL 27 0 4P~GE 0 77 2 10.08. Enforcement and Nonwaiver. Except as otherwise ·provided herein, any Owner at his own expense, the Fern Bluff Municipal Utility District, Declarant, and/or the Board shall have the right to enforce all of the provisions
waiver. Except as otherwise ·provided herein, any Owner at his own expense, the Fern Bluff Municipal Utility District, Declarant, and/or the Board shall have the right to enforce all of the provisions of the Restrictions. such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions. The Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
10.09. Construction. The or::Jvisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All captions and ti cles used L"'l this Declaration are intended solely for convenience of reference and shall ~ot enlarge, limit or otherNise effect that which is set forth in any of the paragraphs, sections or articles hereof.
DECLA.:uNT: THE STATE OF TEXAS § § 1995.
SCOTT FELDER LIMITED PARTNERSHIP, a Maryland limited partnership By: Texas, Inc.
ent was acknowledged before (Seal) 10846.12/SPA/RGR/1058/040395 20
1995.
SCOTT FELDER LIMITED PARTNERSHIP, a Maryland limited partnership By: Texas, Inc.
ent was acknowledged before (Seal) 10846.12/SPA/RGR/1058/040395 20 10846.12/SPA/RGR/1058/040395 EXHIBIT "A" [Property Description] VOL 2 7 0 4 PAGE 0 7 73 FIELD NOTES FOR 65.633 ACRES (OAK BROOK SECTION ONE) EXHIBIT "A" PAGE 1 OF 8 FIELD NOTES describing 65.633 acres of land in the J. H. Dillard Survey, Abstract No. 179, situated in Williamson County, Texas, being a portion of that certain 215.608 acre tract of land conveyed to Scott Felder Limited Partnership by Special Warranty Deed recorded in Volume 2361, Page 430 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the South right-of-way line of O'Connor Drive, an eighty (80) foot wide dedicated public right-of-way, from which iron pin the Northeast corner of the James Shelton Survey, A552 bears N82"03'30"E, 1002 feet, and an iron pin found at the most Southerly Southeast corner of said 215.608 acre tract bears S24"35'55"E, 394.08 feet, for the Southeast corner and POINT OF BEGINNING of the hereinafter described tract.
,.-'l'HENCE with South and West lines hereof the following forty-four ( 44) · .:curses: 1. N65 • 24' 05 "W, 202.90 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 960.00 feet and a central angle of 2 · 26 '59".
2. along the arc of said curve 41.05 feet, the sub-chord of which bears N66"37'35"W, 41.04 feet to an iron pin set at the Point of Tangency of said curve being the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 92.44'38".
rs N66"37'35"W, 41.04 feet to an iron pin set at the Point of Tangency of said curve being the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 92.44'38".
3. along the arc of said curve 32.37 feet, the long chord of which bears S65 • 46 '37"W, 28.95 feet to an iron pin set at the Point of Tangency of said curve.
4. N70"35'43"W, 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 92"44'38".
5. along the arc of said curve 32.37 feet, the long chord of which bears N26"58'02"W, 28.95 feet to an iron pin set at the Point of Tangency of said curve.
6. N17.11'05"E, 80.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 87"17'47".
7. along the arc of said curve 30. 4 7 feet, the long chord of which bears N63"03'11"E, 27.61 feet to an iron pin set at the Point of Tangency of said curve.
8. N19"24'17"E, 45.80 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 280. 00 feet and a central VOL. 2 7 0 4 PAGE 0 7 ( 5 EXHIBIT "A" PAGE 2 OF 8 9. along the arc of said curve 10 2. 82 feet 1 the sub-chord of which bears NOB· 53' 05 "E 1 102.25 feet to an iron pin set at the Point of Tangency of said curve, being the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 99°58100".
10. along the arc of said curve 34. 90 feet 1 the long chord of which bears N51 • 37 I 08"W 1 30. 63 feet to an iron pin set at the Point of Tangency of said curve.
11. Nl1.14150"WI 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle
n iron pin set at the Point of Tangency of said curve.
11. Nl1.14150"WI 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 97°10151".
12. along the arc of said curve 33.92 feet, the long chord of which bears N29 • 48 '27"E 1 22. 68 feet to an iron pin set at the Point of Tangency of said curve. • . .
13. N18.46159"E, 87.40 feet to an iron pin set at the Point of .. Cul:vature of a curve to the right having a radius of 450.00 feet and a central angle of 16.25102".
14. along the arc of said curve 128.94 feet I the sub-chord of which bears N10°34'28"W, 128.50 feet to an iron pin set at the Point of Tangency of said curve, being the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 84"30121".
15. along the arc of said curve 29.50 feet I the long chord of which : rangency of said curve.
16. N02.39'44"E, 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 86.53'18".
17. along the arc of said curve 30.33 feet I the long chord of which bears N49 • 41 '03 "E, 27.51 feet to an iron pin set at the Point of Tangency of said curve.
18. N06 °14 I 24"E 1 225.27 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of go·oo'OO".
19. along the arc of said curve 31.42 feet, the sub-chord of which bears N38 • 45 '3 6 "W 1 28. 28 feet to an iron pin set at the Point of Tangency of said curve.
20. N06.14'24"E1 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 90°00'00".
at the Point of Tangency of said curve.
20. N06.14'24"E1 50.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 90°00'00".
21. along the arc of said curve 31.42 feet, the long chord of which bears N51 • 14' 24"E 1 28.28 feet to an iron pin set at the Point of Tangency of said curve, being the Point of Curvature of a curve to the left having a radius of 661.29 feet and a central angle of 26° 51' 17".
22. along the arc of said curve 309.95 feet 1 the sub-chord of which bears N07 ·11' 15"W 1 307.12 feet to an iron pin set at the Point of Tangency of said curve.
23. N20.36'54"W1 25.18 feet to an iron pin set for an ell corner of this ,_tract.
VOL 2704PAGE07/6 EXHIBIT "A" PAGE 3 OF 8 24. S69 • 23 1 06 "W, 170.00 feet to an iron pin set for an angle point of this tract.
25. S61 • 021 30"W, 67.74 feet to an iron pin set for an angle point of this tract.
26. N40 °111 41 "W, 170. 00 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 340.00 feet and a central angle of 6.13130".
27. along the arc of said curve 36. 94 feet, the long chord of which bears N52"55104"E, 36.92 feet to an iron pin set at the Point of Tangency of said curve.
28. N33 ·58 1 11 "W, 108. 63 feet to an iron pin set for an angle point of this tract.
29. N60 ° 53 1 55 "E, 109.89 feet to an iron pin set for an angle point of this tract.
30. N20.36154"W, 49.51 feet to an iron pin set for an angle point of this tract.
31. S60 ° 53 1 55 "W, 141.44 feet to an iron pin set for an angle point of this tract.
32. S52 ° 56 1 02 "W, 104.26 feet to an iron pin set for an angle point of this tract.
~33. N72.02126"W, 40.44 feet to an iron pin set at the Point of Curvature
n set for an angle point of this tract.
32. S52 ° 56 1 02 "W, 104.26 feet to an iron pin set for an angle point of this tract.
~33. N72.02126"W, 40.44 feet to an iron pin set at the Point of Curvature : ')f a curve to the right having a radius of 50.00 feet and a central angle of 38.32115".
34. along the arc of said curve 33.63 feet, the sub-chord of which bears S37.13'41"W, 33.00 feet to an iron pin set at the Point of Tangency of said curve.
35. S19.20'54"E, 45.66 feet to an iron pin set for an angle point of this tract.
36. S26.08'50"W, 140.32 feet to an iron pin set for an angle point of this tract.
37. S21.29151"W, 134.29 feet to an iron pin set for an angle point of this tract. ..
38. N60.43'47"W, 142.30 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 50.00 feet and a central angle of 64.53'22".
39. along the arc of said curve 56.63 feet, the sub-chord of which bears S77 • 34' 12"W, 53.65 feet to an iron pin set at the Point of Tangency of said curve, being the Point of Curvature of a curve to the left having a radius of 25.00 feet and a central angle of 48.11123".
40. along the arc of said curve 21.03 feet, the sub-chord of which bears S85°55'12"W, 20.41 feet to an iron pin set at the Point of Tangency of said curve.
41. S61.49130"W, 50.90 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 350.00 feet and a central angle of 8°55132".
VOL 2 7 0 4 PlGE 0 7 7 7 EXHIBIT "A" PAGE 4 OF 8 42. along the arc of said curve 54.52 feet, the long chord of which bears S66 "17 I 16 "W, 54.4 7 feet to an iron pin set at the Point of Tangency of said curve.
43. S70 • 45 1 03 "W, 39.70 feet to an iron pin set for an angle point of this tract.
long chord of which bears S66 "17 I 16 "W, 54.4 7 feet to an iron pin set at the Point of Tangency of said curve.
43. S70 • 45 1 03 "W, 39.70 feet to an iron pin set for an angle point of this tract.
44. N19 °141 5 7"W, 981.00 feet to a concrete monument set for an ell corner of this tract.
THENCE along North and West lines of this tract, the following thirty one (31) courses: 1. N70 ° 45 1 03 "E 1 383.36 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 85°39147".
2. along the arc of said curve 29.90 feet, the long chord of which bears N27 ° 55 1 09"E, 27.19 feet to an iron pin set at the Point of Tangency of said curve.
3. N74°59139"E, 70.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a central angle of 85°44152".
4. along the arc of said curve 29. 92 feet, the long chord of which bears S57 • 46 1 54"E 1 27.22 feet to an iron pin set at the Point of ~Tangency of said curve, being the Point of Curvature of a curve to the right having a radius of 645.00 feet and a central angle of 19.12113".
·""""""' 5. along the arc of said curve 216.18 feet, the sub-chord of which bears N88"56147"E, 215.17 feet to an iron pin set at the Point of Tangency of said curve.
6.. NOB 012 145 "E, 137.68 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 525.00 feet and a central angle of 5.20137".
7. along the arc of said curve 48.96 feet, the sub-chord of which bears N84.27134"W1 48.95 feet to an iron pin set at the Point of Tangency of said curve.
8. N02 ·52 I 08 "E 1 170. 99 feet to an iron pin set for an angle point of this tract.
9. N89 •17 1 15 "W, 33. 36 feet to an iron pin set for an angle point of
at the Point of Tangency of said curve.
8. N02 ·52 I 08 "E 1 170. 99 feet to an iron pin set for an angle point of this tract.
9. N89 •17 1 15 "W, 33. 36 feet to an iron pin set for an angle point of this tract.
10. NOO ·50 158 "E, 160.07 feet to an iron pin set for an angle point of this tract.
11. N13"47143"W, 136.10 feet to an iron pin set for an angle point of this tract.
12. N19 • 04 I 20 "W, 94. 63 feet to an iron pin set for an angle point of this tract.
13. N19°05100"E, 80.62 feet to an iron pin set for an angle point of this tract.
14. N39 • 22 I 41 "E.1 71.80 feet to an iron pin set for an angle point of this tract.
VDL 27 0 4.PAGE0 778 EXHIBIT "A" PAGE 5 OF 8 15. N63 °11' 36 "E, 122.15 feet to an iron pin set for an angle point of this tract.
16. N74 ° 22' 21 "E, 102.25 feet to an iron pin set for an angle point of this tract.
17. N13.48'02"W, 132.14 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 678.22 feet and a central angle of 2"02'44".
18. along the arc of said curve 24.21 feet, the long chord of which bears S72.31'21"W, 24.21 feet to an iron pin set at the Point of Tangency of said curve.
19. N18 • 30 '01 "W, 50.00 feet to an iron pin set for an angle point of this tract.
20. N20 • 13 '00 "W, 349. 64 feet to an iron pin set for an angle point of this tract.
21. N7 6 "11' 58 "E, 117. 89 feet to an iron pin set for an angle point of this tract.
22. ssa·48'02"E, 50.00 feet to an iron pin set at the Point of curvature of a curve to the right having a radius of 60. 00 feet and a central angle of 49.14'55".
23. along the arc of said curve 51.57 feet, the sub-chord of which bears ~lli76"11'58"E, 50.00 feet to an iron pin set at the Point of Tangency of .,;aid curve.
feet and a central angle of 49.14'55".
23. along the arc of said curve 51.57 feet, the sub-chord of which bears ~lli76"11'58"E, 50.00 feet to an iron pin set at the Point of Tangency of .,;aid curve.
24. N31 "11' 58 "E, 56.77 feet to an iron pin set for an angle point of this tract.
2 5. N68 • 44' 50 "E, 101. 28 feet to an iron pin set for an angle point of this tract.
26. N76 • 46 '10 "E, 115.05 feet to an i,ron pin set for an angle point of this tract.
27. S49"29'16"E1 30.84 feet to an iron pin set at the Point of Curvature of ·a curve to the right having a radius of 60.00 feet and a central angle of 60.00100".
28. along the arc of said curve 62.83 feet, the sub-chord of which bears N76 • 461 10"E 1 60.00 feet to an iron pin set at the Point of Tangency of said curve.
29. N20 ·50' 03 "E 1 29.89 feet to an iron pin set for an angle point of this tract.
30. N7 6 • 46 '10 "E, 101. 70 feet to an iron pin set for an angle point of this tract.
31. saa·s4156"E1 58.36 feet to an iron pin set for the most Northerly Northeast corner of this tract.
THENCE along the East line of this tract, the following fifty (50) courses: 1. S13 "13 1 50"E 1 292.53 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 60.00 feet and a VOL 2704PAGE0779 EXHIBIT "A" PAGE 6 OF 8 2. along the arc of said curve 119.69 feet, the sub-chord of which bears S01.46109"E, 100.81 feet to an iron pin set at the Point of Tangency of said curve.
3. S34 • 371 15 "E, 25.00 feet to an iron pin set for an angle point of this tract.
4. S15 a 32 I 13 "W, 90.73 feet to an iron pin set for an angle point of this tract.
5. S03 ° 39 '08 "W, 87.77 feet to an iron pin set for an angle point of this tract.
r an angle point of this tract.
4. S15 a 32 I 13 "W, 90.73 feet to an iron pin set for an angle point of this tract.
5. S03 ° 39 '08 "W, 87.77 feet to an iron pin set for an angle point of this tract.
6. S23.32116"W, 71.37 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 52.51'43".
7. along the arc of said curve 55.36 feet, the sub-chord of which bears S16 °15 1 23"W, 53.41 feet to an iron pin set at the Point of Tangency of said curve.
8. S21 • 011 42"E, 109.71 feet to an iron pin set for an angle point of this tract.
9. S09 ° 381 29"E, 111.84 feet to an iron pin set for an angle point of this tract.
10. S44.57137"W, 25.00 feet to an iron pin set at the Point of Curvature ~f a curve to the right having a radius of 60. 00 feet and a central · .ngle of 56.45133".
11. along the arc of said curve 59.44 feet, the sub-chord of which bears S16 • 39 I 36"E, 57.04 feet to an iron pin set at the Point of Tangency of said curve.
12. S13 ° 48' 02 "E, 130.48 feet to an iron pin set for an angle point of this tract.
13. S11 °16 I 34"E, 140.94 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 49°28103".
14. along the arc of said curve 51.80 feet, the sub-chord of which bears S03.02'23"E, 50.21 feet to an iron pin set at the Point of Tangency of said curve.
15. S23 .. 40 1 16 "E, 7 4. 7 5 feet to an iron pin set for an angle point of this tract.
16. S08 ·15 I 49 "E, 80.11 feet to an iron pin set for an angle point of this tract.
17. S06 • 48' 39"W, 129.68 feet to an iron pin set for an angle point of this tract.
18. S84.24'17"W, 54.20 feet to an iron pin set at the Point of Curvature
pin set for an angle point of this tract.
17. S06 • 48' 39"W, 129.68 feet to an iron pin set for an angle point of this tract.
18. S84.24'17"W, 54.20 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 17.15114".
19. along the arc of said curve 18.07 feet, the sub-chord of which bears S03 • 011 54"W, 18.00 feet to an iron pin set at the Point of Tangency of said curve.
20. S78.20129"E, 53.21 feet to an iron pin set for an angle point of _......his tract.
VOL 2704PAGE0780 EXHIBIT "A" PAGE 7 OF 8 21. SOB g 56 I 5411E, 108.69 feet to an iron pin set for an angle point of this tract.
22. N74 .. 19146"E, 164.69 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of 20.00 feet and a 23. along the arc of said curve 31.42 feet, the long chord of which bears N29°19146"E, 28.28 feet to an iron pin set at the Point of Tangency of said curve.
24. N74.19146"E, 60.00 feet to an iron pin set at the Point of Curvature of a curve to the left having a radius of z-o. 00 feet and a central angle of 90°00'00".
25. along the arc of said curve 31.42 feet, the long chord of which bears S60 a 40 I 14"E I 28.28 feet to an iron pin set at the Point of Tangency of said curve.
26. N74"19146"E, 9.44 feet to an iron pin set on the North right-of-way line of Hillside Drive, a sixty (60) foot wide dedicated public right of-way, for an ell corner of this tract.
27. Sl5°40113"E 60.00 feet to an iron pin set on the South right-of-way line of said Hillside Drive, for an ell corner of this tract.
28. S74°19146"W, 281.38 feet to an iron pin set for an ell corner of this tract.
29. Sl5 ° 40 1 14 "E, 90.00 feet to an iron pin set for an angle point of this tract.
for an ell corner of this tract.
28. S74°19146"W, 281.38 feet to an iron pin set for an ell corner of this tract.
29. Sl5 ° 40 1 14 "E, 90.00 feet to an iron pin set for an angle point of this tract.
30. SOB 0 48 '49"E, 165.67 feet to an iron pin set for an angle point of this tract.
31. S13 ° 541 33"E, 125.51 feet to an iron pin set for an angle point of this tract.
32. S45°07125"W, 69.31 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 50.00 feet and a central angle of 36.50'34".
33. along the arc of said curve 32.15 feet, the sub-chord of which bears S12°29'48"E, 31.60 feet to an iron pin set at the Point of Tangency of said curve.
34. S84 ° 041 32"E, 28.22 feet to an iron pin set for an angle point of this tract.
35. S24°27149"E, 110.30 feet to an iron pin set for an angle point of this tract.
36. S20.36154"E, 121.40 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 57.58128".
37. along the arc of said curve 60.71 feet, the sub-chord of which bears S27 .. 11144"E, 18.00 feet to an iron pin set at the Point of Tangency of said curve.
38. S88 ·12 1 29"E, 25.00 feet to an iron pin set for an angle point of this tract.
39. S15 ° 27' 06"E, 139.00 feet to an iron pin set for an angle point of this tract.
EX..B:IBIT "A" PAGE 8 OF 8 40. S03 • 24 1 06 "W, 129 .19 feet to an iron pin set for an angle point of this tract.
41. S50 • 45121 "W, 113.30 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 50.00 feet and a central angle of 59.47'36".
42. along the arc of said curve 52.18 feet, the sub-chord of which bears s21• 461 36"W, 49.84 feet to an iron pin set at the Point of Tangency of
radius of 50.00 feet and a central angle of 59.47'36".
42. along the arc of said curve 52.18 feet, the sub-chord of which bears s21• 461 36"W, 49.84 feet to an iron pin set at the Point of Tangency of said curve.
43. S06 o 14' 24 "W, 226.7 5 feet to an iron pin set for an angle point of this tract. .
44. S61 • 17 I--42"W, 24.37 feet to an iron pin set at the Point of Curvature of a curve to the right having a radius of 50.00 feet and a central angle of 58.48'51".
45. along the arc of said curve 51.33 feet, the sub-chord of which bears sao 0 42 '07"W, 49.10 feet to an iron pin set at the Point of Tangency of said curve.
46. S59 ·53' 27 "E, 52.96 feet to an iron pin set for an angle point of this tract.
4 7. SOl" 03 '16 "W, 112.49 feet to an iron pin set for an angle point of this tract.
48. S25 • 31' 25 "W, 438.48 feet to an iron pin set for an angle point, of this tract.
49. S65.24'05"E, way line of said 50. S24.35'55"W, described tract, 197.45 feet to an iron pin set on the North right-of O'Connor Drive, for an ell corner of this tract.
80.00 feet to the POINT OF BEGINNING of the herein containing 65.633 acres of land, more or less.
Rec. $ &5.00 Date : 04-lQ-1995 Filed & Recorded in Official Records of WILLIAMSOH County, TX.
ELAIIiE BIZZELL COUHTY CLERK iHE STATE JrTEXAS COUNTY OF \',,LLIAMSOfl Tnis Is to certily that this document was FlLED 1.1u RECORDED ln the Offidal Public Records cf Wilfl3!1lSon County, iexas on the date and 1i::1e DOCit 9&0204& THE STATE OF TEXAS § KNOW ALL MEN DY THESE PRESENTS: THE COUNTY OF WILLIAMSON § THAT SCOTT FELDER LIMITED PARTNERSHIP, acting herein by and through
CLERK DOCit 9&0204& THE STATE OF TEXAS § KNOW ALL MEN DY THESE PRESENTS: THE COUNTY OF WILLIAMSON § THAT SCOTT FELDER LIMITED PARTNERSHIP, acting herein by and through Ryland Homes of Texas, Inc., a Texas corporation, its General Partner, acting herein by and through Randy Rollo, its duly author !zed Vice President, hereinafte~ referred to as Grantor, whether one or more, for good and valuable consideration to Grantor in hand paid by the Williamson County Oak Brook Owners Association, Inc., hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien or encumbrance, expressed or implied, is retained, have this day GRANTED, DEDICATED and CONVEYED, and by these presents does GRANT, DEDICATE and CONVEY unto Grantee the following described real property in Williamson County, Texas, together with all improvements thereon, to wit: All those certain tracts, pieces or parcels of land, lying and being situated in the County of Williamson,._State of Texas, described in EXHIBIT "A", EXHIBIT "B", EXHIBIT "C", and EXHIBIT "D", attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property.
TO HAVE AND TO HOLD said property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns, to WARRANT AND FOREVER DEFEND all and singular said property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS THEREOF, Grantor has caused this instrument to be
perty unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS THEREOF, Grantor has caused this instrument to be executed on this day of ----------------------• 19 , A.D.
SCOTT FELDER LIMITED PARTNERSHIP 5316 Highway 290 West, Suite 100 Austin, Texas 78735 BY: Ryland Homes of Texas, Inc., its General Partner By: THE STATE OF TEXAS § THE COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, on this appeared Randy Rollo, Vice President of Ryland Homes known to me to be the person whose name is subscribed instrument, and he acknowledged to me that he executed purposes and consideration therein eApressed and in the stated.
Gl-VlN UNDER MY HAND AND SEAL OF OFFICE,· this the of Texas, Inc. , to the foregoing the same for the capacity therein -2:?~ day My Commission expires on OFFICIAL RECORDS FIELD NOTES FOR 3.128 ACRES EXHIBIT "A" PAGE 1 OF 3 FIELD NOTES describing 3.128 acres of land in the J. H. Dillard survey, Abstract No. 179, situated in Williamson County, Texas, being a portion of that certain 215. 508 acre tract of land conveyed to Scott Felder Limited Partnership by Special Warranty Deed recorded in Volume 2361, Page 430 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the Southwest right-of-way line of Capri Isle Lane, a fifty (50) foot wide dedicated public right-of-way, being the East corner of Lot 18, Block T, Oak Brook Section One, as shown on a Plat of Record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the North corner and POINT OF BEGINNING of
ner of Lot 18, Block T, Oak Brook Section One, as shown on a Plat of Record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the North corner and POINT OF BEGINNING of the hereinafter described tract.
THENCE along said Southwest right-of-way line of Capri Isle Lane, for the Northeast line hereof, 520"36'54"E, 45.51 feet to an iron pin set at the East corner of this tract.
THENCE along the Southeast line hereof, the following four (4) courses: 1. S60"53'55"W, 131.37 feet to an angle point of this tract.
2. S52"55'02"W, 120.74 feet to an angle point of this tract.
3. S26"08'50"W, 170.30 feet to an angle point of this tract.
4. 521"29'51"W, 663.06 feet to a point on the West line of said 215.608 acre tract, for the South corner of this tract.
THENCE along the West line of said 215.608 acre tract, for the West line hereof, N19"14 '57"W, 538.23 feet to an iron pin set on the Southeast right-of-way line of Squaw Valley Lane, a fifty (50) foot wide dedicated public right-of-way, for the West corner of this tract.
THENCE along said Southeast right-of-way line of Squaw Valley Lane, the following five (5) courses: 1. N70"45'03"E, 39.70 feet to an iron pin set at the Point of curvature of a curve to the left having a radius of 350.00 feet and a central angle of 8"55'32".
2. along the arc of said curve 54.52 feet, the long chord of which bears N66'17'16"E, 54.47 feet to an iron pin set at the Point of Tangency of said curve.
3. N61"49'30"E, 50.90 feet to an iron pin set at the Point of curvature of a curve to the right having a radius of 25.00 feet and a central angle of 48"11'23".
4. along the arc of said curve 21.03 feet, the sub-chord of which bears N85'55'12"E, 20.41 feet to an iron pin set at the Point of Reverse
ving a radius of 25.00 feet and a central angle of 48"11'23".
4. along the arc of said curve 21.03 feet, the sub-chord of which bears N85'55'12"E, 20.41 feet to an iron pin set at the Point of Reverse Curvature of a curve to the left having a radius of 50.00 feet and a central angle of 64"53'22".
5. along the arc of said curve 56.63 feet, the sub-chord of which bears N77"34'12"E, 53.65 feet to an iron pin set at the Southwest corner of Lot 8, Block T, of said Oak Brook Section One, for the Point of Tangency of said curve.
THENCE along South and East lines of said Block T, the following four (4) courses.
1. S60"43'47"E, 142.30 feet to an iron pin set for an angle point of this tract.
2. N21"29'51"E, 134.29 feet to an iron pin set for an angle point of this tract.
3. N26 • 08' 50 "E, 140.32 feet to an iron pin set for an angle point of this tract.
4. N19"20'54"W, 45.66 feet to an iron pin set on the right-of-way line of Tidewater Cove at the Northeast corner of Lot 9, of said Block T, for the Point of Curvature of a curve to the left having a radius of 50.00 feet and a central angle of 38"32'15.
EXHIBIT "A" PAGE 2 OF 3 THENCE along the arc of said curve 33.63 feet, the sub-chord of which bears N37"13'41"E, 33.00 feet to an iron pin set at the Southwest corner of Lot 17, of said Block T, for the Point of Tangency of said curve.
THENCE along a South line of said Block T, the following three ( 3) courses: 1. S72 • 02' 26"E, 40.44 feet to an iron pin set for an angle point of this tract.
2. N52"56'02"E, 104.26 feet to an iron pin set for an angle point of this tract.
3. N60 • 53' 55"E, 141.44 feet to the POINT OF BEGINNING of the herein described tract, containing 3.128 acres of land, more or less.
I Claude F. Hinkle, hereby certify that records, supplemental
act.
3. N60 • 53' 55"E, 141.44 feet to the POINT OF BEGINNING of the herein described tract, containing 3.128 acres of land, more or less.
I Claude F. Hinkle, hereby certify that records, supplemental and Gray Engineering, knowledge. Jr., a REGISTERED PROFESSIONAL LAND SURVEYOR, do these field notes were prepared from existing surveys, and computations made by Austin Surveyors Inc., and are true and correct to the best of my AUSTIN SURVEYORS P. 0. Box 180243 Austin, Texas 78757 Claude F. Hin~?-)Jif Registered Professional Land Surveyor No. 4629 Date FOR SKETCH TO ACCOMPANY FIELD NOTES 3.128 ACRES IN THE J.H. DILLARD SURVEY WILLIAMSON COUNTY, TEXAS A-179 3.128 AC.
\ CI 9'55'31!'
C2 49'11 "23' C3 6''53'22' C4 JC"J1?"15' \ \ 21 \ \ \ " 3 ' ' ' SCOTT FELDER UMITEO PARTNERSHIP 215.608 AC.
LEGEND 0 IRON PIN SET TANGENT TABLE T1 ~!'..51' T2 131.37' T3 120.7~' T~ 39.70' TS 50.90' T6 1~2.30' T7 13~.29' TB 140.32' T9 45.66' TID 40.44' CURVE TABLE N 61'49'30' E: II 21'29'51' E S 72'02'26' E 54.SZ • 27.31?'
21.03. I 1.18' 56.63' 31.79.
3J.6J. 17.49' EXHIBIT n Au PAGE .3 OF .3 PROJtCT NO; 1113-7314-oe OCSICNtD WY: 54.47' 20. 41' 53.65' 33.00' WEll' •tw !li.T[; MAY, 18P5 OIEO«D IJY: ow; SCAU:: ,. -100" P<MSED WY: GRAY ENGINEERING, INC.
AUSTIN + TEXAS FIELD NOTES FOR 0.473 ACRES EXHIBIT "B" PAGE 1 OF 2
54.47' 20. 41' 53.65' 33.00' WEll' •tw !li.T[; MAY, 18P5 OIEO«D IJY: ow; SCAU:: ,. -100" P<MSED WY: GRAY ENGINEERING, INC.
AUSTIN + TEXAS FIELD NOTES FOR 0.473 ACRES EXHIBIT "B" PAGE 1 OF 2 FIELD NOTES DESCRIBING 0.473 acres of land in the J. H. Dillard Survey Abstract No. 179, situated in Williamson County, Texas, being a portion of that certain 215.608 acre tract of land conveyed to Scott Felder Limited Partnership by deed recorded in Volume 2361, Page 430 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the South right-of-way line of O'Connor Drive, an eighty (80) foot wide dedicated public right-of-way, at the Northwest corner of Lot 1, Block C, The Meadows of Brushy Creek, a subdivision of record in Cabinet F, Slides 210-218 of the Plat Records of Williamson County, Texas, for the Northeast corner and POINT OF BEGINNING of the h~reinafter described tract.
THENCE departing said South right-of-way line, along West line of said Block C, S24'35'SS"W, 12S.OO feet to the Southeast corner of this tract.
THENCE along the South line hereof, 1165 • 24 'OS "W, 144.48 feet to the Southwest corner of this tract.
THENCE along the West line hereof, N06'39'46"E, 131.39 feet to a point on the South right-of-way line of said O'Connor Drive, for the Northwest corner of this tract.
THENCE along said South right-of-way line, S6S' 24 'OS ''E, 184. 94 feet to the POINT OF BEGINNING, containing 0.473 acres of land, more or less.
I Claude F. Hinkle, hereby certify that records, supplemental and Gray Engineering, knowledge. Jr., a REGISTERED PROFESSIONAL LAND SURVEYOR, do these field notes were prepared from existing surveys, and com?utations made by Austin Surveyors
records, supplemental and Gray Engineering, knowledge. Jr., a REGISTERED PROFESSIONAL LAND SURVEYOR, do these field notes were prepared from existing surveys, and com?utations made by Austin Surveyors Inc., and are true and correct to the best of my AUSTIN SURVEYORS P. 0. Box 180243 Austin, Texas 78757 Registered Professional Land Surveyor No. 4629 Date SKETCH TO ACCOMPANY FIELD NOTES FOR 0.473 ACRES IN THE J.H. DILLARD SURVEY A-179 WILLIAMSON COUNTY, TEXAS ') ~ OAK BROOK SECTION ONE ( ...:\ ) I I I I I I I I I I I ...
s 6s-< reo. .....,.... ,"'"' 32 / ,' f ....
.......... .(.. I I ---, ..
.. I I I OINT at EEGIHIUNCt-.. ..._ I I .......... .(.. I I ---, ..
I o'b' 0 IRON PIN SE:T .... ~ ..,.,.-I \ ..-..-I \ 12 TJ 125.00' 144.46' 1-1 65'24'05' II N 06'3~'46' E EXHIBIT "8" PAGE 2 OF 2 OAAWN BY: UEW CHE:CK(I) BY: ,. -100' IID'IS!Jl 11"1': GRAY ENGINEERING, INC.
AUSTIN + TEXAS FIELD NOTES FOR 0.564 ACRES EXHIBIT "C" PAGE 1 OF 2 FIELD NOTES DESCRIBING 0.564 acres of land in the J. H. Dillard Survey Abstract No. 179, situated in Williamson County, Texas, being a portion of that certain 215.608 acre tract of land conveyed to scott Felder Lim! ted Partnership by deed recorded in Volume 2361, Page 430 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the North right-of-way line of O'Connor Drive, an eighty {80) foot "'ide dedicated public right-of-way, at the Southwest corner of Lot 31, Block B, Brushy Creek Village P.U.D., a subdivision of .record in Cabinet E, Slides 258-260 of the Plat .Record~ of Williamson County, Texas, for the Southeast corner and POINT OF BEGINNING of the hereinafter described tract.
THENCE along said North right-of-way line, N65"24'05"W, 197.45 feet to an iron pin set at the Southeast corner of Lot 37, Block K, Oak Brook
and POINT OF BEGINNING of the hereinafter described tract.
THENCE along said North right-of-way line, N65"24'05"W, 197.45 feet to an iron pin set at the Southeast corner of Lot 37, Block K, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of said Plat Records, for the Southwest corner of this tract.
THENCE departing said North right-of-way line, along East line of said Lot 37, for the West line hereof, N25"31'25"E, 125.02 feet to the Northwest corner of this tract.
THENCE on the Lot C, tract. along the North line hereof, S65"24'05"E, 195.43 feet to a point East line of said 215.608 acre tract and the West line of said Brushy Creek Village P.U.D., for the Northeast corner of this THENCE along the East line hereof, S24"35'55"W, 125.00 feet to the POINT OF BEGINNING, containing 0.564 acres of land, more or less.
I Claude F. Hinkle, hereby certify that records, supplemental and Gray Engineering, knowledge. Jr., a REGISTERED PROFESSIONAL LAND SURVEYOR, do these field notes were prepared from existing surveys, and computations made by Austin surveyors Inc., and are true and correct to the best of my AUSTIN SURVEYORS P. 0. Box 180243 Austin, Texas 78757 Registered Professional Land Surveyor No. 4629 /,-ze,. 'iT Date ....
SKETCH TO ACCOMPANY FIELD NOTES FOR 0.564 ACRES IN THE J.H. DILLARD SURVEY A-179 WILLIAMSON COUNTY, TEXAS "'",.-\ \ \ 18 \ I I I I I I I I I I \ \ \ 17 I I I I I I I I Tl T2 LEGEND 0 IRON PIN SET TANGENT TABLE EXHIBIT "C" PAGE 2 OF 2
EXAS "'",.-\ \ \ 18 \ I I I I I I I I I I \ \ \ 17 I I I I I I I I Tl T2 LEGEND 0 IRON PIN SET TANGENT TABLE EXHIBIT "C" PAGE 2 OF 2 PROJECT H0: IIDJ-731'-00 CESIOHED BY: li[W f1.L HO: OMWN 11"1: SCAlE: RMStO BY: GRAY ENGINEERING, INC.
AUSTIN + TEXAS EXHIBIT "D" PAGE 1 OF 6 FIELD NOTES FOR 0.151 ACRES FIELD NOTES DESCRIBING 0.151 acres of land in the J. H. Dillard Survey Abstract No. 179, situated in Williamson County, Texas, being a portion of that certain 215. 608 acre tract of land conveyed to Scott Felder Lim! ted Partnership by deed recorded in Volume 2361, Page 430 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds TRACTS ONE through TEN as follows: TRACT ONE (0.017 ACRES) BEGINNING at an iron pin set on the right-of-way line of Pearlstone Path at the southeast corner of Lot 103, subdivision of recor~ in Cabinet L, of Williamson County, Texa~. for hereinafter described tract. Block A, Oak Brook Section One, a Slides 164-170 of the Plat Records the POINT OF BEGINNING of the THENCE along the East line of said Lot 103, N44"57'37"E, 10.00 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 70"34'07".
THENCE along the arc of said curve 86.22 feet, the sub-chord of which bears S09"45'19"E, 80.87 feet to a point on the East line of Lot 104 of said Block A, for the Point of Tangency of said curve.
THENCE along the East line of said Lot 104, Nl3"48'02"W, 18.52 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 56"45'33".
ency of said curve.
THENCE along the East line of said Lot 104, Nl3"48'02"W, 18.52 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 56"45'33".
THENCE along the arc of said curve 59.44 feet, the sub-chord of which bears N16. 39' 36"W, 57.04 feet to the POINT OF BEGINNING, containing 0.017 acres of land, more or less.
TRACT TWO (0.016 ACRES) BEGINNING at an iron pin set on the right-of-way line of Poncho Springs Lane at the Southeast corner of Lot 95, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, TeT.as, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the East line of said Lot 95, N23"32'16"E, 15.78 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 67"38'51".
THENCE along the arc of said curve 82.65 feet, the sub-chord of which bears S12"50'28"W, 77.93 feet to a point on the East line of Lot 96 of said Block A, for the Point of Tangency of said curve.
THENCE along the East line of said !..ot 96, N21"01'42"W, 10.97 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 52"51'43".
THENCE along the arc of said curve 55.36 feet, the sub-chord of which bears N16"15'23"E, 53.41 feet to the POINT OF BEGINNING, containing 0.016 acres of land, more or less.
TRACT THREE (0.031 ACRES} EXHIBIT "D" PAGE 2 OF 6 BEGINNING at an iron pin set on the right-of-way line of Graceland Trail at the Southeast corner of Lot 85, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
85, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the East line of said Lot 85, Nl3 "13' SO"W, 13.13 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 121"49'37".
THENCE along the arc of said curve 148.84 feet, the sub-chord of which bears S05"32'04"E, 122.34 feet to a point on the East line of Lot 86 of said Block A, for the Point of Tangency of said ~urve.
THENCE along the East line of said Lot 86, N34"37'15"W, 10.00 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 114"17'47".
THENCE along the arc of said curve 119.69 feet, the sub-chord of which bears N01 • 46' 09"E, 100.81 feet to the POINT OF BEGINNING, containing 0.031 acres of land, more or less.
TRACT FOUR (0.016 ACRES} BEGINNING at an iron pin set on the right-of-way line of Chadwood Court at the Northeast corner of Lot 81, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the Northeast line of said Lot 81, N49"29'16"W, 10.05 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 61"28'42".
THENCE along the arc of said curve 75.11 feet, the sub-chord of which bears N76"36'42"E, 72.56 feet to a point on the Northwest line of Lot 82 of said Block A, for the Point of Tangency of said curve.
THENCE along the Northwest line of said Lot 62, S20"50'03"W, 10.02 feet to the Point of Curvature of a curve to the left having a radius of
82 of said Block A, for the Point of Tangency of said curve.
THENCE along the Northwest line of said Lot 62, S20"50'03"W, 10.02 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 60"00'00".
THENCE along the arc of said curve 62.63 feet, the sub-chord of which bears 576 • 46' 10"W, 60.00 feet to the POINT OF BEGINNING, containing 0.016 acres of land, more or less.
TRACT FIVE (0.014 ACRES) BEGINNING at an iron pin set on the right-of-way line of Crescent Heights Trail at the Northeast corner of Lot 73, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the Northeast line of said Lot 73, N58"48'02"W, 10.56 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 55"16'22".
..
-~ ,.
..
..
L .;-~{ ·:; . : ::~ ;-: .. ~ '1 :·l :I .. , ·; ~ .:: EXHIBIT "D" PAGE 3 OF 6 THENCE along the arc of said curve 67,53 feet, the sub-chord of which bears N76.11'58"E, 64.94 feet to a point on the Northwest line of Lot 74 of said Block A, for the Point of Tangency of said curve.
THENCE along the Northwest line of said Lot 74, S31'11'58"W, 10.56 feet to the Point of curvature of a curve to the left having a radius of 60.00 feet and a central angle of 49'14'55".
THENCE along the arc of said curve 51.57 feet, the sub-chord of which bears S76 '11 '58"W, 50.00 feet to the POINT OF BEGINNING, containing 0.014 acres of land, more or less.
TRACT SIX (0.004 ACRES~ BEGINNING at an iron pin set oa the right-of-way_line of Manitou Springs
ears S76 '11 '58"W, 50.00 feet to the POINT OF BEGINNING, containing 0.014 acres of land, more or less.
TRACT SIX (0.004 ACRES~ BEGINNING at an iron pin set oa the right-of-way_line of Manitou Springs Lane at the Southwest corner of Lot 120, Block A, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract .
THENCE along the South line of said Lot 120, NB4 • 24' 17"E, 10.00 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 17'15'14".
THENCE along the arc of said curve 21.08 feet, the sub-chord of which bears S03.01'54"W, 21.00 feet to a point on the North line of Lot 121 of said Block A, for the Point of Tangency of said curve.
THENCE along the North line of said Lot 121, N78'20'29"W, 10.00 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 17"15'14".
THENCE along the arc of said curve 18.07 feet, the sub-chord of which bears tl03"01'54''E, 18.00 feet to the POINT OF BEGINNING, containing 0.004 acres of land, more or less .
TRACT SEVEN (0.008 ACRES) BEGINNING at an iron pin set on the right-of-way line of Slate Creek Trail at the South corner of Lot 10, Block K, Oak Brook section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract .
THENCE along the Southeast line of said Lot 10, N45'07'25"E, 10.25 feet to the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 39'12'17", THENCE along the arc of said curve 41.06 feet, the sub-chord of which
25"E, 10.25 feet to the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 39'12'17", THENCE along the arc of said curve 41.06 feet, the sub-chord of which benrs S13"40'40"E, 40.26 feet to a point on the North line of Lot 11 of said Block K, for the Point of Tangency of said curve, THENCE along the North line of said Lot 11, N84.04'32"W, 10.00 feet to the Point of Curvature of a curve to the left having a radius of 50.00 feet and a central angle of 36.50'34".
THENCE along the arc of said curve 32, 15 feet, the sub-chord of which bears N12.29'4B"W, 31.60 feet to the POINT OF BEGINNING, containing 0.008 acres of land, more or less.
TRACT EIGHT (0.017 ACRES) EXHIBIT "D" PAGE 4 OF 6 BEGINNING at an iron pin set on the right-of-way line of Trowbridge Cove at the Southeast corner of Lot 16, Block K, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the East line of said Lot 16, N20"36'54"W, 15.28 feet to the Point of Curvature of a curve to the right having a radius of 70.00 feet and a central angle of 68"12'07".
THENCE along the arc of said curve 83.32 feet, the sub-chord of which bears S32"18'33"E, 78.49 feet to a point on the North line of Lot 17 of said Block K, for the Point of Tangen=r of said'curve.
THENCE along the North line of said Lot 17, N88"12' 29"W, 10.00 feet to the Point of Curvature of a curve to the left having a radius of 60.00 feet and a central angle of 57"58'28".
THENCE along the arc of said curve 60.71 feet, the sub-chord of which bears N27"11'44"W, 58.15 feet to the POINT OF BEGINNING, containing 0.017 acres of land, more or less.
TRACT NINE (0.015 ACRES)
".
THENCE along the arc of said curve 60.71 feet, the sub-chord of which bears N27"11'44"W, 58.15 feet to the POINT OF BEGINNING, containing 0.017 acres of land, more or less.
TRACT NINE (0.015 ACRES) BEGINNING at an iron pin set on the right-of-way line of Cottage Grove Pass at the South corner of Lot 24, Block K, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the Southeast line of said Lot 24, N50"4.5'21"E, 11.35 feet to the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 74"10'54".
THENCE along the arc of said curve 77.68 feet, the sub-chord of which bears S23"21'42"W, 72.40 feet to a ooint on the East line of Lot 25 of said Block K, for the Point of Tangency of said curve.
THENCE along the East line of said Lot 25, N06"14'24"E, 13.05 feet to the Point of Curvature of a curve to the left having a radius of 50.00 feet and a central angle of 59.47'36".
THENCE along the arc of said curve 52.18 feet, the sub-chord of which bears N21 • 46' 37"E, 49. 84 feet to the POINT OF BEGINNING, containing 0.015 acres of land, more or less.
TRACT TEN (0.013 ACRES) BEGINNING at an iron pin set on the right-of-way line of Cessna Lane at the South corner of Lot 30, Block K, Oak Brook Section One, a subdivision of record in Cabinet L, Slides 164-170 of the Plat Records of Williamson County, Texas, for the POINT OF BEGINNING of the hereinafter described tract.
THENCE along the Southeast line of said Lot 30, N61"17'42"E, 10.00 feet to the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 58"48'51".
EXHIBIT "D" PAGE 5 OF 6
ong the Southeast line of said Lot 30, N61"17'42"E, 10.00 feet to the Point of Curvature of a curve to the right having a radius of 60.00 feet and a central angle of 58"48'51".
EXHIBIT "D" PAGE 5 OF 6 THENCE along the arc of said curve 61.59 feet, the sub-chord of which bears S00"42'07"W, 58.92 feet to a point on the Northeast line of Lot 31 of said Block K, for the Point of Tangency of said curve.
THENCE along the Northeast line of said Lot 31, N59"53'27"W, 10.00 feet to the Point of Curvature of a curve to the left having a radius of 50.00 feet and a central angle of 58"48'51".
THENCE along the arc of said curve 51.32 feet, the sub-chord of which bears N00"42'07"E, 49.10 feet to the POINT OF BEGINNING, containing 0.013 acres of land, more or less.
IN ALL, said TRACTS ONE through TEM, inclusive, contain an aggregate total of 0.151 acres of land, more or less I Claude F. Hinkle, hereby certify that records, supplemental and Gray Engineering, lcnowledge. Jr. , a REGISTERED PROFESSIONAL LAND SURVt:YOR, do these field notes were prepared from existing surveys, and computations made by Austin Surveyors Inc., and are true and correct to the best of my AUSTIN SURVEYORS P. 0. Box 180243 Austin, Texas 78757 Registered Professional Land Surveyor No. 4629 Date TOTALLING 0.151 ACRES IN THE J.H. DILLARD SURV. A-179 WILLIAMSON COUNTY, TEXAS (SHEET 1 OF 3) ttERsf\11' TRACT fOUR ------..,
CURVE TABLE 1 1 '1 1J C6 114"17'H' H 01"46'09" II 60.00" 119.69' 92.92' 100,81' I F'OitiT OF BEGJNNING~., C7 61"28'42' tl 76"36"42' E: 70.00" 75.11' 4!.63" 71.56' \ TRACT TWO 0 IRON PIN SET ru: NO: 7314HOI.O.!>WO OMWN I!Y; .....
1' -too• SCALE: GRAY ENGINEERING, INC.
AUSTIN + TEXAS SKETCH TO ACCOMPANY FIELD NOTES FOR TEN TRACTS TOTALLING 0.151 ACRES IN THE J.H. DILL..A.RD SURV. A-179 WILLIAMSON COUNTY, TEXAS (SHEET 2 OF 3) ~
NTY, TEXAS (SHEET 2 OF 3) ~
164.-170 1 \ PROJECT HO: 11 U-7314-ot DtSICI£0 1'1': nLE HO: OAtt: .... Y, IQII!! CHECI<ID BY: DW0 CURVE TABLE r -1oo· RtVtsm sY: CJ 39'12'17' Sl3'40'40'( 60. 00' 41.06. 21.37. .0.26' GRAY ENGINEERING, INC.
AUSTIN + TExAS SKETCH TO ACCOMPANY FIELD NOTES FOR TEN TRACTS TOTALLING 0~151 ACRES IN THE J.H. DILLARD SURV. A-179 WILLIAMSON COUNTY, TEXAS (SHEET 3 OF 3) ' v.- ' 1S ' ..... --~ TRACT EIGHT 0.017 AC. ~
.. / \ 1 ) // 1 POINT or BEGINNING- v // ~ I II J· 0 q L COTTAGE GROVE PASS TRACT NINE 0.015 AC.
I Qt I '-'/ 1 CAB. L, SL. 1 64.-170 I I L "\ \ I I I \ I \ \ \ \ CESSNA LANE /------T----........ /r6 ......
\ TRACT TEN 0.013 AC.
LEGEND 0 IRON PIN SET TANGENT TABLE T! 15.28' T2 10.00' T3 II. 35' T4 13, 05' TS 10.00' N 20'36'54' \1 N 50'<15'21' E N 61'17'42' E Doclt 9602046 It Pages: 16 Date : 01-1E.-199b Time : 08:49:11 A.M. Filed & Recorded in Official Records of WILLIAMSON County, TX.
ELAINE BIZZELL COUNTY CLERK Rec. $ 39.00 DOCH 9927915 NOTICE OF ADDITION OF LAND TO DECLAR-\ TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OAKBROOK THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § This Notice of Addition of Land to Declaration of Covenants, Conditions, and Resuictions Oak Brook ("Notice of Addition") is made and executed by RH OF TEXAS LIMITED PARTNERSHIP, a
OF WILLIAMSON § § § This Notice of Addition of Land to Declaration of Covenants, Conditions, and Resuictions Oak Brook ("Notice of Addition") is made and executed by RH OF TEXAS LIMITED PARTNERSHIP, a Maryland limited partnership (''Declarant''). ~uccessor to the rights as DeclaranT under that certain Declaration ofCovenants. Conditions. and Restrictions Oa.k Brook dated April 10. 1995 and filed in Volume 2704, Page 753, et. seq., Official Records ofWilliamson County, Texas (the "Declaration") and is as follows: 1. RH ofTexas Limited Partnership, a Mruyland limited partnership, merged with Scott Felder Limited partnership wim the entity after merger being RH of Texas Limited Partnership.
2. This addition of land is filed with respect to (i) certain designated Lots located m Section 28, Oak Brook, a subdivision in Williamson County, Texas. according to the map or plat thereof recorded in Cabinet N. Slides 42-46 Plat Records ofWilliamson County, Texas and (ii) certain designated Lots located in Section 3, Oak Brook, a subdivision in Williamson County, Texas, according to the map or plat thereof (the "Plat") recorded in Cabinet Q, Slides 22-25 Plat Records of Williamson County. Texas (all of such Lots described in (i) and (ii) above are designated in Exhibit "A'" attached hereto and incorporated herein and are collectively referred to herein as the ·"Land"').
3. According to Section 2.02 of the Declaration, upon the filing ofthe appropriate ~otice of Addition. land may be added to the Declaration, and upon such addition, the Declaration and the covenants, conditions. restrictions and obligations set forth therein shall be the same with respect to the added land as with respect to the lands originally covered by the Declaration.
ation and the covenants, conditions. restrictions and obligations set forth therein shall be the same with respect to the added land as with respect to the lands originally covered by the Declaration.
4. This Notice of Addition constitutes a notice of"Addition of Land" under Section 2.02 ofthe Declaration. The Land is hereby added to the Property as such term is defined in the Declaration and the covenants, conditions. restrictions and obligations set forth in the Declaration shall apply to the Land. Any capitalized terms used and not othenvise defined in this Notice shall have the meaning set forth in the Declaration.
[The remainder of this page intentionally left blank.] SS1l0 IIApnl 77. !999 THE STATE OF TEXAS COUN1Y OF --rra 11 i 5 DECLARANT: RH OF TEXAS LIMITED PARTNERSHIP, a Maryland limited partnership, Successor by Merger to Scott Felder Limited Partnership By: Ryland Homes ofTexas, Inc., a Texas corporation General Partner § § § Partner of RH of Texas Limited Partnership, a Maryland limited partnership, on behalf of said corporation _,.. and said limited partnership .
. ' Notary Public. Stsle of Texas . loly~f.x!n!
AFTER RECORDING RETURJ'i TO: Robert D. Bunon, Esq.
Armbrust Brown & Davis, L.L.P.
100 Congress. Suite 1300 Austin, Texas 78701 SS710.1/Apnl ~7.1999 2 Exbibit "A., The Land shall include the following designated Lots: I. Section 2B. Oak Brook A.
B. Block M: Block N: II. Section 3, Oak Brook A.
B.
c.
SS7lO.l!Apnl 27, 1999 Block A: Block B:
~7.1999 2 Exbibit "A., The Land shall include the following designated Lots: I. Section 2B. Oak Brook A.
B. Block M: Block N: II. Section 3, Oak Brook A.
B.
c.
SS7lO.l!Apnl 27, 1999 Block A: Block B: Block E: Lots 3 through 34 of Block M Lots 1 through 40 of Block N Lots I through-68 of Block A Lots 2 through 15 ofBlock B Lots 4 through 6 of Block E 3 Doctt 9927915 tt Pages: 3 Date : 04-28-1999 Time : 05:02:51 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX.
NANCY E. RISTER COUNTY CLERK Rec. $ 13.00 DOC# 9927914 NOTICE OF ADDITION OF LAND TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OAKBROOK THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § This Notice of Addition of Land to Declaration of Covenants. Conditions, and Restrictions Oak Brook ("Notice of Addition") is made and executed by RH OF TEXA.S LII\tliTED PARTNERSHIP, a Maryland limited partnership ("Declarant"'), ·successor to the rights as Declarant under that cenain Declaration ofCovenants Conditions. <Uld Restrictions Oak Brook dated AprillO. 1995 and filed in Volume 2704. Page 753. et. seq .. Official Records ofWilliamson County. Texas (the "Declaration") and is as follows: 1. RH ofTexas Limited Partnership, a Maryland limited partnership, merged with Scott Felder Limited partnership with the entity after merger being RH of Texas Limited Partnership.
2. This addition of land is filed with respect to (i) certain designated Lots located in Section 2A Oak Brook, a subdivision in Williamson County, Texas. according to the map or plat thereof recorded
2. This addition of land is filed with respect to (i) certain designated Lots located in Section 2A Oak Brook, a subdivision in Williamson County, Texas. according to the map or plat thereof recorded in Cabinet N, Slides 37-41 Plat Records ofWilliamson County, Texas and (ii) certain designated Lots located in Section 4A, Oak Brook, a subdivision in Williamson County, Texas, according to the map or plat thereof (the "Plat") recorded in Cabinet 0, Slides 265-267 Plat Records of Williamson County, Texas (all of such Lots described in (i) and (ii) above are designated in Exhibit "A" attached hereto and incorporated herein and are collectively referred to herein as the "Land'').
3. According to Section 2.02 ofthe Declaration, upon the filing ofthe appropriate Notice of Addition, land may be added to the Declaration, and upon such addition, the Declaration and the covenants.
conditions, restrictions and obligations set forth therein shall be the same with respect to the added land as with respect to the lands originally covered by the Declaration.
4. This Notice of Addition constitutes a notice of"Addition of Land" under Section 2.02 of the Declaration. The Land is hereby added to the Property as such term is defined in the Declaration and the covenants, conditions, resoictions and obligations set forth in the Declaration shall apply to the Land. Any capitalized terms used and not othemise defined in this Notice shall have the meaning set forth in the Declaration.
[The remainder of this page intentionally left blank.] S3828.::1 Apnl :3. 1999 EXECUTED to be effective as ofthe ·zz, day of AyvLl DECLARANT: . 1999.
THE STATE OF TEXAS limited partnership, Successor by Merger to Scott Felder Limited Partnership
the ·zz, day of AyvLl DECLARANT: . 1999.
THE STATE OF TEXAS limited partnership, Successor by Merger to Scott Felder Limited Partnership By: Ryland Homes ofTexas. Inc., a Texas corporation General Partner § § Title: .Aw P~ and said limited partnership.
SHERYL LAMB COBLE ~ COMMISSION EXPIRES November 3, m1 AFTER RECORDING RETURN TO: Robert D. Burto~ Esq.
Armbrust Brown & Davis, L.L.P.
100 Congress, Suite 1300 Austin.. Texas 78701 53828 ::JApnl ::3,1999 2 Exhibit "A'' The Land shall include the following designated Lots: I. Section 2A, Oak Brook A.
B.
C.
D. Block T: Block R: Block M: Block N: II. Section 4A, Oak Brook Lots 1 through 6 ofBlock T Lots 1 through 7 and 9 through 12 of Block R Lots 35, 37. 38, 40. 41, 43, 45 through 51 and 53 through 59 of Block M Lots 41, 44, 49 and 52 through 65 of Block N Lots 1 through 11. 19, 22 and 23 ofBlock L S3828.2/Apnl23. 1999 3 Doc# 9927914 # Pages: 3 Date : 04-28-1999 Time : 05:02:51 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX.
NANCY E. RISTER COUNTY CLERK Rec. $ 13.00 2000002123 3 pgs NOTICE OF ADDITION OF LAND TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OAKBROOK STATEOFTEXAS § § COUNTY OF WILLIAMSON § This Notice of Addition ofLand to Declaration of Covenants, Conditions, and RestrictiOns Oak Brook (''Notice of Addition") is made and executed by RH OF TEXAS LIMITED PARTNERSHIP, a Maryland limited partnership ("Declarant"), successor to the nghts as Declarant
onditions, and RestrictiOns Oak Brook (''Notice of Addition") is made and executed by RH OF TEXAS LIMITED PARTNERSHIP, a Maryland limited partnership ("Declarant"), successor to the nghts as Declarant under that certam Declaration of Covenants. Conditions. and Restrictions Oak Brook dated Apnll 0, 1995 and filed m Volume 2704, Pages 753, et seq., Official Records ofWllhamson County, Texas (the "DeclaratiOn") and IS as follows RH ofTexas Lrmtted Partnership, a Maryland limited partnership. merged With Scott Felder Limited Partnership, With the entity after merger bemg RH of Texas Lmuted Partnership.
2 Tius addition ofland IS filed with respect to certam designated Lots located m Section Four-B, Oak Brook, a subdiVISIOn m Wtlliamson County, Texas, accordmg to the map or plat thereof recorded in Document No 199933587, Offic1al Plat Records of Williamson County, Texas (the "Plat") (all of such Lots described above are designated m Exhibit "A" attached hereto and incorporated herein and are collectively referred to herem as the ''Land").
3. According to Section 2.02 of the Declaratwn, upon the filmg of the appropriate Notice of Addition, land may be added to the Declaranon and, upon such addition, the Declaration and the covenants, cond1t10ns, restncnons and obligations set forth therem shall be the same With respect to the added land as With respect to the lands originally covered by the Declaration 4 This Notice of Addition constitutes a notlce of''Add1t10n ofLand" under Section 2 02 of the Declaration The Land ts hereby added to the Property as such tenn ts defmed m the Declaration and the covenants, conditions, restncuons and obligatiOns set forth m the Declaration shall apply to the Land Any capttallzed tenns used and not otherwise defined in thts Nottce of
d m the Declaration and the covenants, conditions, restncuons and obligatiOns set forth m the Declaration shall apply to the Land Any capttallzed tenns used and not otherwise defined in thts Nottce of Addltton shall have the meaning set forth in the DeclaratiOn [The remamder of th1s page mtentionally left blank ] STATE OF TEXAS COUNTY OF TRAVIS § § § DECLARANT RH OF TEXAS LIMITED PARTNERSHIP, a Maryland !muted partnerslup, Success by Merger to Scott Felder Luruted Partnerslup By· Ryland Homes of Texas, Inc, a Texas corporatwn, General Partner This mstrwnent was acknowledged before me one11n to , 2000, by , V1C1 fteiJd1n± of Ryland Homes of Texas, Inc, a Texas corporation, General Partner of RH of Texas Limited Partnership, a Maryland Imnted partnership, on behalf of srud corporatiOn and said hmited partnership AFTER RECORDING, RETURN TO ; /' JSHksj ~- ,.
AFTER RECORDING RETURN TO· CORNERSTONE TITLE COMPANY 3724 EXECUTIVE CENTER DR. 1150 GF# AUSTIN, TX 78731 '"- .--------2 EXHIBIT "A" The Land shall include the followmg designated Lots Section Four-B, Oak Brook A.
B. c Block G Block H· Block J Lots 1 through 27 of Block G Lots 5 through 19 ofBlock H Lots 1 through 13 of Block J IFFICift. PUil.IC RECORDS STRICKLAND S13.00 NMtY E. RISTER , COONTY CLERK WILLI~ CDJNTY, TEXAS