HomeMy WebLinkAbout14-284. ,·
FOR OFFICE USE ONLY
CASE NO.: \4-'2folf
CITY OF COLI.EGE STATION
Home o/TexdS A&M University'
DATE SUBMITTED: 11 /2lJ/14
TIME: ~_:50
STAFF: ~\f
FINAL PLAT APPLICATION
(Check one) ~ Minor
($700)
0 Amending
($700)
0 Final
($932)
0 Vacating
($932)
0 Replat
($932)
Is this plat in the ET J? [g] Yes D No Is this plat Commercial D or Residential IX]
MINIMUM SUBMITTAL REQUIREMENTS:
[g] $700-$932 Final Plat Application Fee (see above).
D $233 Waiver Request to Subdivision Regulations Fee (if applicable).
~$600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is
~ ~1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is
due prior to the issuance of any plans or development permit).
[g] Application co mpleted in full. This application form provided by the City of College Station must be used and
may not be adjusted or altered. Please attach pages if additional information is provided.
[g] Six (6) folded copies of plat. (A signed mylar original must be submitted after approval.)
D Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report.
D Two (2) copies of the Public infrastructure plans and supporting documents (if applicable).
[g] Copy of original deed restrictions/covenants for replats (if applicable).
[g] Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate
current within ninety (90) days. The report must include applicable information such as ownership, liens,
encumbrances, etc.
[g] Paid tax certificates from City of College Station, Brazos County and College Station l.S.D.
[g] The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not.
NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered
complete. If the mylar is submitted with the final plat appli cation, it shall be considered a submittal for the
preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff
to be correct, the final plat application will be considered incomplete.
Date of Optional Preapplication or Stormwater Management Conference
NAME OF PROJECT River Place Subdivision Rep/at
ADDRESS River Ridge Drive
SPECIFIED LOCATION OF PROPOSED PLAT:
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Same as Owner E-mail
Street Address
City State
Phone Number Fax Number
Revised 4/14
Zip Code
Page 1 of 9
PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple
owners):
Name Bart Munro E-mail
Street Address 7553 River Ridge Drive
City College Station State TX Zip Code 77845 -------
Phone Number 979. 690. 1229 Fax Number 979.846.8252
----------------~ ---------------
ARCHITECT OR ENGINEER'S INFORMATION:
Name McClure & Browne Engineering/Surveying Inc. E-mail kevinm@mcclurebrowne.com
Street Address 1008 Woodcreek Drive
City College Station State TX Zip Code _7_7_84_5 ____ _
Phone Number 979.693.3838 Fax Number 979.693.2554 ------------------
Do any deed restrictions or covenants exist for this property? ~Yes 0 No
Is there a temporary blanket easement on this property? If so, please provide the Volume ____ and Page No. __ _
Total Acreage R-0-W Acreage _n_o_ne _____ _ Total No. of Lots 1 ------
Existing Use Residential Proposed Use Residential -----------------NumberofLot_s_B_y_Z_o_n_i_n_g_D-is-t-ri-ct _______ f:.~-
Average Acreage Of Each Residential Lot By Zoning District:
12 I 3,(;l.t\c_ I __
Floodplain Acreage 0.5 IJCAt..s
Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? fX Yes I No
This information is necessary to help staff identify the appropriate standards to review the application and will be used to
help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made,
vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law.
Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the
application be reviewed under previous ordinance as applicable?
I Yes
fX No
If yes, provide information regarding the first approved application and any related subsequent applications (provide
additional sheets if necessary):
Project Name:
City Project Number (if known):
Date I Timeframe when submitted:
Revised 4/14 Page 2 of 9
A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable):
Requested waiver to subdivision regulations and reason for same (if applicable):
Regarding the waiver request, explain how:
1. There are special circumstances or conditions affecting the land involved such that strict application of the
subdivision regulations will deprive the applicant of the reasonable use of his land.
2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant.
3. The granting of the waiver will not be detrimental to the public health , safety, or welfare, or injurious to other
property in the area, or to the City in administering subdivision regulations.
4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in
accordance with the provisions of the Un ified Development Ordinance.
Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable):
1. I An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way;
2. I The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict
adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the
purposes and goals of the UDO or the City's comprehensive Plan;
3. I A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall
mean the project is funded or projected to commence within twelve (12) months;
4. I Exi sting streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I
rural context;
5. I When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and
Greenways Master Plan;
Revised 4/14 Page 3 of 9
6. I The proposed development is within an older residential subdivision meeting the criteria in Platting and
Replatting within Older Residential Subdivisions Section of the UDO; or
7. I The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6,
Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan.
Detailed explanation of condition identified above:
NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the
same time by the Planning & Zoning Commission.
Total Linear Footage of
Proposed Public:
0 Streets
0 Sidewalks
0 Sanitary Sewer Lines
0 Water Lines
0 Channels
0 Storm Sewers
0 Bike Lanes I Paths
Parkland Dedication due prior to filing the Final Plat:
ACREAGE:
___ No. of acres to be dedicated + $ ____ development fee
___ No. of acres in floodplain
___ No. of acres in detention
___ No. of acres in greenways
OR
FEE IN LIEU OF LAND:
___ No . of SF Dwelling Units X $ = $
--------~
(date) Approved by Parks & Recreation Advisory Board -----
NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING.
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are
true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE
PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more
than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application
must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN
HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as
described above.
1/-1~-/q
Signature and title Date
Revised 4/14 Page 4 of 9
CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT
Owner Certification:
1. No work of any kind may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Occupancy is issued.
5. The permit will expire if no significant work is progressing within 24 months of issuance.
6. Other permits may be required to fulfill local, state, and federal requirements. Owner will obtain or show
compliance with all necessary State and Federal Permits prior to construction including NOi and SWPPP.
7. If req uired, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
8. Owner hereby gives consent to City representatives to make reasonable inspections required to verify
compliance.
9. If, stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be
designed and constructed first in the construction sequence of the project.
10. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be ta ken
to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or
existing drainage facilities. All development shall be in accordance with the plans and specifications submitted to
and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the
City of College Station shall apply.
11. The information and conclusions contained in the attached plans and supporting documents will comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines Technical Specifications, and Standard Details. All development has been designed in
accordance with all applicable codes and ordinances of the City of College Station and State and Federal
Regulations.
12. Release of plans to (name or firm) is authorized for bidding purposes
only. I understand that final approval and release of plans and development for construction is contingent on
contractor signature on approved Development Permit.
13. I, THE OWNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR
THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
ACCURATE.
c:vA n~ 11-I~-/~
Property Owner(s) Date
Engineer Certification:
1. The project has been designed to ensure that stormwater mitigation , including detention ponds, proposed as part
of the project will be constructed first in the construction sequence.
2. I will obtain or can show compliance with all necessary Local, State and Federal Permits prior to construction
including NOi and SWPPP. Design will not preclude compliance with TPDES: i.e., projects over 10 acres may
require a sedimentation basin.
3. The information and conclusions contained in the attached plans and supporting documents comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines. All development has been designed in accordance with all applicable codes and ordinances
of the City of College Station and State and Federal Regulations.
4. I, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS
FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
AC URATE.
/1-Z'l-zf
Date
Revised 4/14 Page 5 of 9
The following CERTIFICATIONS apply to development in Special Flood Hazard Areas.
Required for Site Plans, Final Plats, Construction Plans, Fill /Grading Permits, and Clearing Only
Permits:*
A. I, Jtrrtf~. k· ti'-~16~"1 certify, as demonstrated in the attached drainage study, that the
alterations or development covered by this permit, shall not:
(i) increase the Base Flood elevation;
(ii) create additional areas of Special Flood Hazard Area;
(iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway
and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can
also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or
areas where the depth of from the BFE to natural ground is 18 inches or greater;
(iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond
the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than
one foot per second without acceptable compensation as set forth in the City of College Station Code of
Ordinances, Chapter 13 concerning encroachment into the Special Flood Hazard Area; nor
(v) increase Base Flood velocities.
beyond those areas exempted by ordinance in Section 5.11 .3a of Chapter 13 Code of Ordinances.
~cflk=
En ee\j Date
Initial
D * If a platting-status exemption to this requirement is asserted, provide written justification under separate
letter in lieu of certification.
Required for Site Plans, Final Plats, Construction Plans, and Fill/ Grading Permits:
B. I, , certify to the following:
(i) that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is
designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm.
Engineer Date
Additional certification for Floodway Encroachments:
C. I, ________________ , certify that the construction, improvement, or fill covered by this
permit shall not increase the base flood elevation. I will apply for a variance to the Zoning Board of Adjustments.
Engineer Date
Revised 4/14 Page 6 of9
Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate
required).
Residential Structures:
D. I, , certify that all new construction or any substantial improvement
of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an
elevation at least one foot above the Base Flood Elevation . Required Elevation Certificates will be provided with
elevations certified during construction (forms at slab pre-pour) and post construction.
Engineer I Surveyor Date
Commercial Structures:
E. I, , certify that all new construction or any substantial improvement
of any commercial, industrial, or other non-residential structure are designed to have the lowest floor, including all
utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation
Engineer I Surveyor Date
OR
I, , certify that the structure with its attendant utility, ductwork,
basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities, ductwork,
basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all
areas below the Base Flood Elevation , and shall resist the structural loads and buoyancy effects from the
hydrostatic and hydrodynamic conditions .
Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
Engineer I Surveyor Date
Conditions or comments as part of approval:
Revised 4/14 Page 7 of 9
Existing
[SJ
FINAL PLAT MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(Requirements based on field survey and marked by monuments and markers.)
[SJ Drawn on 24" x 36" sheet to scale of 100' per inch.
[SJ Vicinity map which includes enough of surrounding area to show general location of subject property in
relationship to College Station and its City Limits. No scale required but include north arrow.
[SJ Title Block with the following information:
[SJ Name and address of subdivider, recorded owner, planner, engineer and surveyor.
[SJ Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos
County 911 .)
[SJ Date of preparation.
[SJ Engineer's scale in feet.
[SJ Total area intended to be developed.
[SJ North Arrow.
[SJ Subdivision boundary indicated by heavy lines.
0 If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or
larger.
[SJ All applicable certifications based on the type of final plat.
[SJ Ownership and Dedication
[SJ Surveyor and/or Engineer
[SJ City Engineer (and City Planner, if a minor plat)
0 Planning and Zoning Commission (delete if minor plat)
[SJ Brazos County Clerk
[SJ Brazos County Commissioners Court Approval (ET J Plats only)
[SJ If submitting a replat where there are existing improvements, submit a survey of the subject property
showing the improvements to ensure that no encroachments will be created.
[SJ If using private septic systems, add a general note on the plat that no private sewage facility may be
installed on any lot in this subdivision without the issuance of a license by the Brazos County
Health Unit under the provisions of the private facility regulations adopted by the Commissioner's
Court of Brazos County, pursuant to the provisions of Section 21 .084 of the Texas Water Code.
[SJ Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available
data.
[SJ Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data.
0 Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E.2).
The location and description with accurate dimensions, bearings or deflection angles and radii, area, center
angle, degree of curvature, tangent distance and length of all curves for all of the
following: (Show existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as , those within the subdivision).
Proposed
0 Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp
turn around unless they are shorter than 100 feet.
0
0
Public and private R.O.W. locations and widths. (All existing and proposed R.O .W.'s
sufficient to meet Thoroughfare Plan.)
Street offsets and/or intersection angles meet ordinance.
Revised 4/14 Page 8 of 9
Existing
D
~
~
D
Proposed
D
D
D
D
Alleys.
Easements.
A number or letter to identify each lot or site and each block (numbered sequentially).
Parkland dedication/greenbelt area/park linkages. All proposed dedications must be
reviewed by the Parks and Recreation Advisory Board and documentation of their
recommendation provided prior to being scheduled for P&Z Commission consideration.
0 Construction documents for all public infrastructure drawn on 24" x 36" sheets and properly
sealed by a Licensed Texas Professional Engineer that include the following:
D Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall
street, alley and/or sidewalk layout of the subdivision. (may be combined with other
utilities).
D Sewer Design Report.
O Sanitary sewer plan and profile showing depth and grades. One sheet must show the
overall sewer layout of the subdivision. (U tilities of sufficient size/depth to meet the utility
master plan and any future growth areas.)
D Water Design Report and/or Fire Flow Report.
O Water line plan showing fire hydrants, valves, etc. with plan and profile lines showing
depth and grades. One sheet must show the overall water layout of the subdivision.
(Utilities of sufficient size/depth to meet the utility master plan and any future growth
areas.)
O Storm drainage system plan with contours, street profile, inlets, storm sewer and
drainage channels, with profiles and sections. Drainage and runoff areas, and runoff
based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design,
channel lining design & detention if used. One sheet must show the overall drainage
layout of the subdivision.
D Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E.
D Letter of completion for public infrastructure or guarantee I surety in accordance with UDO
Section 8.6.
D Drainage Report with a Technical Design Summary.
D Erosion Control Plan (must be included in construction plans).
D All off-site easements necessary for infrastructure construction must be shown on the final plat with a
volume and page listed to indicate where the separate instrument easements were filed .
Separate instrument easements must be provided in recordable form to the City prior to being scheduled
for P&Z Commission consideration.
0 Are there impact fees associated with this development? 0 Yes 0 No
Impact fees must be paid prior to building permit.
0 Will any construction occur in TxDOT rights-of-way? D Yes D No
If yes, TxDOT permit must be submitted along with the construction documents.
NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing
the plat at the Courthouse.
2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOi) must be submitted prior to
issuance of a development permit.
I_ Print Form
Revised 4/14 Page 9 of 9
Brazos County Abstract Company
"More Than 140 Years of Title Service"
TITLE REPORT
Effective Date: November 13, 2014 at 8:00 am
GFNO: BC1403049
LEGAL DESCRIPTION:
Being all those certain lots, tracts or parcels of land lying and being situated in Brazos County,
Texas and being Lots Thirty (30) and Thirty-one (31 ), Block One (I), RIVER PLACE
SUBDIVISION, PHASE ONE, a subdivision in Brazos County, Texas, according to plat
recorded in Volume 3916, page 201 , Official Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
Bart Munro
by Warranty Deed from Jack Hales, Jr. and wife, Lula M. Hales, dated November 28, 2006,
recorded in Volume 7706, page 273, Official Records of Brazos County, Texas. (Lot 30 Only)
and
W. Bart Munro and Amanda A. Munro
by Warranty Deed from Joe Horlen and Becky Harlen, dated April 29, 2004, recorded in
Volume 6017, page 221, Official Records of Brazos County, Texas. (Lot 31 Only)
SUBJECT TO:
LIENS:
None of Record.
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STA TE LIENS:
None of Record.
Brazos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802
BCAC GF NO. BC1403049
Title Report Prepared 11/14/2014
for
McClure & Browne Engineering/Surveying, Inc.
1008 Woodcreek Drive, Suite 103
College Station, TX 77845
Attn: Kevin McClure
"Experience M otters"
EASEMENTS:
Easements and building lines as shown of record on plat of River Place Subdivision, Phase One,
recorded in Volume 3916, page 201, Official Records of Brazos County, Texas.
Right-of-Way Easements from Frost National Bank, Trustee et al to Ferguson Burleson County
Gas Gathering System, dated in 1993, recorded in Volume 2206, pages 147 and 167 and Volume
2257, page 116, Official Records of Brazos County, Texas.
Right-of-Way Agreement from Robo Investments, Inc. to Devon Gas Services, L.P. dated
September 19, 2003, recorded in Volume 5622, page 219, Official Records of Brazos County,
Texas.
OUTSTANDING MINERALS AND/OR ROY AL TIES:
Royalty reservation in Deeds from Marjorie Farquhar et al to Annie McGregor Seeger, recorded in
Volume 172, pages 623, 625, 626, 627, 630 and 631 , Deed Records of Brazos County, Texas. Title
to this reservation has not been traced subsequent to the date of the above-cited instrument.
Mineral Deed from Lloyd McGregor Farquhar to John H. Moon, dated August 29, 1996, recorded
in Volume 2701, page 162, Official Records of Brazos County, Texas. Title to this mineral interest
has not been traced subsequent to the date of the above-cited instrument.
Mineral reservation in Deed from Judith K. Conatser et al to Robo Investments, Inc., dated January
6, 2000, recorded in Volume 3701 , page 86, Official Records of Brazos County, Texas. Title to
this reservation has not been traced subsequent to the date of the above-cited instrument.
OIL & GAS LEASES:
Estate created by Oil and Gas Leases from Jack Boyett, et al to Moon Operating, Inc., dated
December, 1992, recorded in Volume 1667, pages 263 and 272, Official Records of Brazos
County, Texas, and as ratified by instruments recorded in Volume 1711, pages 11, 12, 14, 15 and
16, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to
the date of the above-cited instrument.
RESTRICTIONS OF RECORD:
Restrictive covenants recorded in Volume 3916, page 201 (on plat), Volume 3933, page 184,
Volume 9317, page 152, Volume 11043, page 193 , Volume 11818, pages 22, 29, 33 , 40, 45, 49 and
79 and Volume 11959, page 193 , Official Records of Brazos County, Texas.
TAXES/ ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terms, conditions and stipulations contained in Water Use Permit No. 5755, executed by Texas
Natural Resource Conservation Commission, dated March 29, 2002, recorded in Volume 4568, page
194, Official Records of Brazos County, Texas.
Terms and Conditions contained in Waiver of Surface Rights recorded in Volume 3701, pages 117,
127, 137 and 147, Official Records of Brazos County, Texas.
Changes in area or boundary line by reason of erosion, avulsion or accretion caused by River Place
Lake and/or Brazos River.
Terms and conditions contained in Agreement Converting Separate Property to Community Property
by and between William Barton Munro and Amanda A. Munro, dated November 3, 2014, recorded in
Volume 12357, page 269, Official, Records of Brazos County, Texas.
The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions,
Reservations and Restrictions, executed by Robo Investments, Inc., dated September 15, 2000,
recorded in Volume 3933, page 184 and amendment in Volume 11959, page 193, Official Records of
Brazos County, Texas.
Maintenance charge as set forth in the Declaration of Covenants, Conditions, Reservations and
Restrictions, executed by Robo Investments, Inc., dated September 15, 2000, recorded in Volume
3933, page 184, Official Records of Brazos County, Texas.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with
all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed or
not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED
BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, Brazos County
Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY
OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE
DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED
HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD
OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE
INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS
EXPRESSLY UNDERSTOOD AND AGREED TUA T THIS TITLE REPORT IS NEITHER A
GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE
REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS
EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR
SAID REPORT BY McClure & Browne Engineering/Surveying, Inc. THIS
SEARCH HAS BEEN LIMITED TO THE ABOVE MA TIERS AND THE ABOVE TIME
PERIOD; AND WE HA VE NOT SEARCHED FOR, NOR HA VE REFLECTED HEREIN,
ANY EXAMINATION AS TOT AX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR
OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY.
IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS
REQllUllNO PAID FOR.BY· UTC •1478;HOIU.DU.1Ll1K0 WO (!Jail
Sil ' Return lO ~Tille COmpaoy P.O. OraWer OT
Co!Jege ~-TI W':l 1 eFL.~.1.Y:'..J -~
Do~ Bk Uol ,,...P1g 00853'383 OR 6817 ..,.
Notlu or Coufidenti:lllty Rlgbu: If you ue n nalurnl person, yoa may
remove or strike a.t1y oftlle followlng lnformnlion from this hutrument
before It ls filed for reCCJnl ht Ille public records: )'Our soc:lal security
n•mber or you driver's Ileen JC number.
GEXERAL WARRANTY DEED
Gnator.
Grantee:
Grantee's l\bJ.llni: Address:
Consklentlon:
JOE HORLEN AND BECKY HORLEN
TEN AND 1\0/IOO DOLLARS (SIO.OO) and od!cr good aru!
valuable cons1dc1ut1on
Property (lndodlng any lrnpro.-emeuts):
Lot Thiny-ooc (31), Block One (1), Rl\'cr Place Subdi\ision Phase Ooe, Brazos County, ac=rding
to plat thereorrccordecl in Volume 3916, Page :!01 ofU1e Ofliclll .Rcconii ofB= Counry, Texas.
Renna lion• from Conveyo11ce:
None.
Exceptions lo Conveyance natl Warranty:
1. Restrictive covenants rc.:onl~ in Volume 3916, Page 201 (on plat) and Vol~ 3933, Page
IR4, Official Rt:conh. Brazos Counly, Tc=.
2. Building lines t1.0d e;isemcnlS ns shown on plat reconkd in Volume 3916, Page 201 of the
Official Records ofBruos County, Tcx:is; os !Cl out in restriclio!I.! ra:onled in Volume
3933, Page 184 of the Official Records of Brazos Collllly, Texas; as 5hown on llUl'Vey
prepared on OclObcr 15, 2001, under the supcn·ision of Dc:nsoc W. Heiuy, R.P .L.S. lr.)293.
3. Mainlel1llm:e Ch11rgcs ond the Lien sccunng tl1c paymmt of the umc, a. liCt out in
restrictions recorded in Volume 3933, Page 184 or !he Official Records ofBrawa County,
Tt'XU.
4. Blanket Easement from Anl13 Bess Recd to Fcrguson·Burleson County Gas Gathering
System dated May 10, l~l93, recorded rn Volume 2206, Page 167, Official Records, Braz.as
County, Texas; :is noted on survey prepared October 15, 2001. under the rupervision of
Denson W. Henry, R.P.L.S. #3293.
S. Bhmkcl Easement ftom Lohnic Peters Boyen to Ferguson-Burleson Coumy Gu Gathering
System. dalcdMarcb 9, 1993, rcconletl m Volume 2257, Page J 16, Officia!Rocord5, B111Z08
County, TCJCas; as nolcd on sun·cy preplred oa October 15, 2001, undec Ille supcrvhion of
OC!ISon W. Heruy, R.P.L.S. #3293.
Doc Bk Uol p llle853983 CR 6e17 222g
6. Oil and Gas Lease, and oll lenm, e<>ndiaons ll!ld supulalioos lhacn from Anna~ Recd,
Lessor, to Kennedy & M1tchcll. Inc., Lessee, &led OclDber 6, 1m, recorded in Vol11mc 29,
Pag<1 296, Oil & Gas Lc.-ue Records, Brazos County, Texas.
7. Oil and G&S ~.and' oil tcnns, conditions and stipulations th=in from City Natio~
Bank. Trustee. Lessor, to Kennedy & Milcbcll, In<:., Lcssec, dated September 16, 1977,
rccor:ded in Volume 29, Pttgc 25, Oil & G:is Lc:isc Rewrds, Brazos Cotu!ly, Texas.
8. Oil and Gas Le:!.se, :inti oil lcmlS, conditions and stip1datioas therein from Jllclc Boyett,
Lessor, to Moon Opcr.uing, lnc., Les=. da!cd December 7, 1992, recorded in Volume 1667,
Page 263, Official Records, Brazos County, TcxilS.
9. Oil and Gas Lease, '10d all tcnns, conditions and slipullllions lhcrcm from New First City,
Texas-Austin, NA, Tmstee, Lessor, to Moon Operating, Inc~ Lc:ssu, dated Deccmb«4,
1992, recorded in Volume 1667, Page 272, Official Rcconls, Brazos Qiunty, Taas.
I 0. Minen.1 Resctvation in Deed from Judilh K. Conatser, ct il, to Robo lnvcstmcnt.s, W:., dated
January 6, 2000, n:conkd in Volume 3701, Page 86, Official Rcc:ords, Brazos Oillllty,
TC'llas; Surface Wilivm recorded in Volume 3701, Pages 117, 127, 137, 147 and IS7,
Ofli.cial Records, Brazos County, Tex:is .
11 . Royalty Resi:rvation in Deeds dated 1955 10 Annie McGregor Scqer, recorded in Volume
172, Pages 623, 625, 626. 627, 630 and 631, Oflkfal Records, Br&ZOll ColUlly, Tc:xaa.
Granlor, for the Coosideration nnd subj eel to the RcscrYlllia11S from Conveyance awl the Except!Ot15
to C0nveyaoce nnd Wammty, grants, sells, and com·eys to Grantee the Property, together with all
and 5inauiar lhc rights and nppunel\3llcCS thereto in any way belonging. to have and to bold it to
Grantee and Grantee's heirs, succcs,soro, and assigns forever. Grll!llOr bi!llh Gnmtor and Grantots
heirs &lid sucC<:SSOrs to nrarranl and forc\'er def cod QU nnd singuLir the Property to Grantee and
Grantee'' heirs, succ=rs, and llSs1gns against every person whomsoever l.nwfully claiming or to
claim the same or nny part tl1ereof, except :is 10 the RcscrvatlOns from Convey1111CC and lhe
Excepr:ioos co Coovey11nce nnd Warr.mty.
When the con!CXI requires, smguLlr nouns and pr()flOUllS include the plural.
Ad valorem tax~ for the cum:nl year ha'·c been prorated as ofthednte of delivay oflhis deed, and
the Granlce by tbeic acceptance hereof co~cn:1111s nnd agrees to pay all ad valorem liXcs upon the
property from and including taxes for the yeJI 2004.
STATE OF TEXAS
COUNTY OF BRAZOS
My commu.rion expi=---------
PqsJ
RECORDING PAID FOR BY, ll'tC ~ 147$
AFTER RECORDING RETUR.r> TO
GENERAL WAltRAt-.IY DEED
JOE HORI.DI ANO BECKY HORLEN
;: .. , ~ITf?"I _,.
to W. BARTMUNROANO.Al>L\.'IDA A. MUNRO
~"'-~
Doc Bk Vol p i'l0853983 OR 6817 ii!alll
Fllrd hr Rtten1 J1: lllWlll ltl.llY
llo: ... , 91,i!IM it 121.1/P
Ill. ~
IMSnU
ll.M
PREPAllED INmE ~w ornCE OF;
HOELSCHER. LIPSEY, J!L\fORE &: BE!'IN, l'.C.
1021 Ullivcnily Dri,.. !!&st
CoUeie Stalki'n, Tau 77140
WCLJHORLEN.MUNRO.WD (SIC.Ml
Notice or Capfidtndallty RlaJiu: Ifyau are a lllltaral penOD, you may
remove or strlka any of tbe foUowtnc Information from tlal1 hutnuneat
betore It It Olcd for record ID the public records: yoqr IOdal eccurlty
nwnber •r your drlver't llceme numbu.
GENERAL WARRANTY DEED
Grantor: JACK HALES, JR. AND WIFE, LULA M. HALES
Grantee: BART MUNRO
Grantee'•MaWneAddresr. 15S:-3 ~ 4'4<s ~r
Comldenllon: TEN AND NOtlOO DOLLARS ($10.00) and other good aod
valuable consideration
Property (lllcludint any lmprovemen11):
Lot Thirty (30), Blocl<: One(!), Riva Place SubdiviJion, Phase One, Bm:zo1 Cowily, lll!XOl'Clin& to
plat thcn:of nic:orded i.n Vohunc39 l 6, Page 20 I of the Official R~ ofBruoa C01111ty, Texas.
Racrvatlou from Connyaoce:
NONE.
ExcepdODI to Convey.lllce and Warranty:
This cooveyanc:e is made subject to all valid and subsisllPg cucmenu, restrictio1111, rights oCway,
conditions, cxccptlom, n=servntiOll.1, a:od covcaanu ofwlwsocva-naturc ofnlCOl'd, iflll)', and abo
IO the zonliis lam and olha-rustrictions, regulations, ordllanccs and stalllte:s of munlcipal or o\ber
governmental authoriliC$ applicable to end enfon:eablc apinJt lhe de3cnl>ed propetty.
Granlu, for the Consideration and subji:ct to the Rescvatiom from Convll)'lllca and the &cqitloos
to Coavr:yance aod Warranty, ~ts, sell!, l1!ld CQDvcya to Gniotec the Property, togetha' with all
~ singular \he rights and •ppurtcnancc3 thereto io any way belonaing. to bavc and to bold it to
Grwt.ee and Gnmtee'.t hcin, lll.ICCCISOl'5, and assig111 forever. Gnator binds Gnator md Chullor's
heirs llOd succcason to warrant and forever defend all and singular the Property to Gn.ntco and
Onntcc'1 heirs,~. lllld 11.S1ign5 against every person whomsoever Jawfillly claiming at to
cllim the same or a.oy part thereof, except u to tbe Reservations from ConYeya.na: and the
Ex1:q1tiom to Conveyance and Warranty.
When lhe context requiru, Jlngular nouns and proooUD! include the plural.
Ad valorcm tax"" fur lbe cum:nt year have lx:cn pror11ted as of the date of delivery of !hi& eked, and
the Onultec by his acceptance hm:of coven11111s and agrees to pay all ad valorcm taxes upou the
propcity from and including taJi;e:s for tlte year 2006.
---------------------
STA TE OF TEXAS C'OUNTYOF~
LULA M. BALES
OOc Bk Vol Pt OOl'Hn6 Ill! n06 774
ThiJ insttummt wu acknowledged before me on lhc ~day of November, 2006, by
1aclr. Hales, 1r. and wife, Lula M. Hales.
NO Y UBUC, Stato ofTe;w I ,. , ,'~ Noluy'~ name prinled:aQ.utt, NLU W
My ~ion c:xpin:s: Sf-5 · aafl
Fil.; fot ba>r• Ill llAmcmITT
0, I iloY Jll1lOQ6 at IJ21!Q'
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5TAI[ IE TDAS tuJITT II" IWllS
I hroh arllh taat t•I• lutrwat •• r11..i .. th ••t• ... ti•,,_ ..... h "
111• •• 41111 r.arld 11 th .. 1-u• -• Iii lb Dltlci•I Mlle rear•• or1
IMZllS a:um
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tlovll!o'lll04
11.ECOJtDINO l'AlD FOP. BY: urc 6'116 PREPARED IN TIIE u. w ornca OP: Al'TER JU!COJWINO R.l!TIJl\N TO: HO!!LSCKl!R. Lil'S!!Y, ELMO!Ul & ll:Eml, P .C. I 021 Uoivenlt)' Orin l!atl
Con.ti• Slalioa. T-17MO
WctJF:IUSEll\AmandA\UTCINovRllba\HAU!S.MUNRO.WD.64176.wpd.(Nb)
Ol!Nl!IVIL WfJl.RAll(TY DEl!I>
JACK HAU!S, JR. AND WIFE, LUU. M. HALES
aa BIJU MUl'IRO
"-'"' .. _D-'
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·q1!1 '· Retum to· .. -.":, .. ,VT ,.,. ".°"mpany
: .. '· r -.vo1 •YI 0726276
Cullt:'(I• .. Jalion, T cl~llS 710~ 1
GF# Ei]@Cfil CCCf·O ·/-iGt,
THE ST ATE OF TEXAS
COUNTY OF BRAZOS
§
§
§
DECLARATION
OF
COVENANTS, CONDITIONS
RESERVATIONS AND RESTRICTIONS
OF
RIVER PLACE SUBDIVISION PHASE I
WHEREAS, ROBO INVESTMENTS, INC., A TEXAS CORPORATION
("ROBO"), is the owner of all that certain tract of land in Brazos County, Texas, which
has been heretofore platted, subdivided and designated as RIVER PLACE
SUBDIVISION PHASE I according to the map or pint thereof tiled of record in Vol.
3916 Page 201 in the Official records of the County Clerk of Brazos County, Texas;
WHEREAS, ROBO desires to create and provide for the development
improvement and maintenance of RIVER PLACE SUBDIVISION PHASE I, for the
mutual benefit and pleasure of the present and future property owners in such
subdivision, and to protect the property values within such subdivision by imposing upon
and against all of the design11ted lots therein the covenants, reservations nn<l other
provisions hereinafter set forth; and
NOW THEREFORE, RODO docs hereby make, adopt and establish the following
reservations, restrictions, declarations, casements, limitations, charges, agreements,
covenants, conditions and stipulations, each of which shall be applicable to RIVER
PLACE SUBDIVISION which compromises all of the designated Jots in l31ocks One (I)
and Two (2) therein according to the map or plat thereof tiled in record at the office of
the County Clerk of Brazos County, Texas.
I
DEFINITIONS
I. The following terms when used herein shall h11ve the following meanings:
a. "ROBO" shall mean ROBO INVESTMENTS, INC., a Texas Corporation, its
successors and assigns.
b. "RIVER PLACE" shall me11n the RIVER PLACE SUBDIVISIONS PHASE I.
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0726276
c. "SUBDIVISION" shall mean RIVER PLACE SUBDIVISION PHASE I,
which consists of nil of the designated LOTS in Block One (I) and Two (2),
according to the mop or plot thereof filed of record in Vol. 3916 Page 201 of
the County Clerk of Brazos County Texas.
d. "RECORDING DATE" shall mcnn the dote upon which this document is filed
of record with the County Clerk of Brazos County, Texas.
e. "LOT" or "PARCEL" shall mean those plots of lnnd shown on the map or plat
of the SUBDIVISION filed of record with the Clerk of Brazos County, Texas,
with the exception of those plots of land designated ns Reserve Tracts, and
reservations hcrcinoftcr mnde.
f. "OWNER" shall mcnn and refer to the record OWNER, whether one (I) or
more PERSON(S) or entities of the fee simple title to any LOT in the
SUBDIVISION, or any port or interest therein. OWNER shall not mean or
refer to any mortgagee, under any applicable theory of mortgage, unless nnd
until such mortgagee hos acquired legal title pursuant to foreclosure or ony
proceeding in lieu of foreclosure. The term OWNER shall further include any
PERSON or entity claiming title to any LOT or portion thereof by adverse
possession; nny PERSON or entity lensing, renting or otherwise occupying
any LOT or part thereof; uncl/or any PERSON or entity claiming interest in a
LOT or port thereof under n contract of sole.
g. "COMMIITEE" shall mean and/or refer to the Architectural Control
Committee established under the provisions of this document, its successors
nnd assigns.
h. "ASSOCIATION" shall mean and refer to RIVER PLACE ASSOCIATION,
INC., a Texas non-profit corporation, provided for in this document, its
successors and assigns.
i. "COMMON AREAS" shall mean oil real property owned by the
ASSOCIATION for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT'' shall mean every structure and all nppurtcnonces thereto
of every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping,
poles, signs, exterior air condilioning, Willer sollener fixlures or equipment,
pumps, walls, tonks, reservoirs, pipes, meters, antennae towers nnd/or other
facilities used in connection with water, sewer, gos, electric, telephone,
regular or cable television, satellile, t.v. antennas, and/or other utilities.
k. "PERSON(S)" shall refer to any natural person, lndlvidual(s), and/or any
other entity unless the context indicates otherwise having the legal right to
hold title to rent property.
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0726276
I. "PLANS" and "SPECirlCATIONS" shall mean any and oil documen1s
deslgnuled lo guide or conlrol lhc conslruclion or erection of any
IMPROVEMENT, including, but nol limited to, those indicating location,
size, shape, configurntion, mutcriols, site plans, excavation and grading plans,
foundution plans, drainage plans, londscnping and fencing plans, clevution
drawings, floor plans, specifications on oil buildings products and
construction techniques, samples of exterior colors, plans for ulility services,
and all other documentution or infonnation relevant to such
IMPROVEMENT.
m. References to the singular shall include the plural, and the plural shall include
!he singular.
n. Tcnns ulilizing bold, copitol lellers ore used as defined lenns. Tcnns utilizing
regular upper 11J1d lower class cosing ore used generically unless otherwise
indicated.
II
RESERVATIONS
I. In so authenticating said mop or plat for record and in so dedicating the use of the
slrects (whether such thoroughfares ore referred to as drives, nvcnucs, roads, Innes, ways,
parkway, boulevards, or streets) ns shown thereon to the public for ordinary rondway
purposes only, there wns reserved and there is hereby expressly reserved in ROOO the
following rights, titles, and casements (hcreinofier collectively culled "Reservations").
Reservations used herein shall be referred lo as o port of and construed us being adopted
in each and every contract of sole, deed or instrument of conveyance executed or to be
executed by or on behalf of ROBO conveying any property in the SUBDIVISION or any
port thereof:
o. The legol 11J1d fee simple title in and to each and all of said streets as shown on
said mnp or plat is hereby reserved in ROI30 subject to the limited dedication
of the use of streets, not marked ns private by the letters "Pvt.," to the public
for ordinary roadway purposes only.
b. ROI30 reserves for itself, its successors and assigns, a perpetual nonexclusive
enscmcnt to loy, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such waler, snni1ory sewer and stonn
pipes, gos pipes, mains nnd conductors ond oil oppurtcn11J1ces thereto relevant
to the operntion of waterworks, sanitary sewer, storm sewer ond/or drainage
systems us it mny from time to time desire, in, along, under, over, across and
through oil of the slreets, both public ond private, in the SUI3DIVISION.
Such pipes, mains 11J1d conductors, lines, wires, conduits and appurtenances
shall be buried to such rcnsonoble depths ns will not interfere with the use of
the streets for ordinary roadway purposes.
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0726276
c. ROBO reserves for itself, its successors nnd nssigns, title in nnd to oil water,
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors,
oil oppurtcnonces thereto; ond oil electric distribution, communication lines,
wires, conduits and all appurtenances thereto constructed by ROBO or its
agents in nil of said streets in the SUBDIVISION, together with o perpetual
casement to operate, maintain, inspect, repair, reconstruct, change the size of
and remove such pipes, mains and ·conductors, lines, wires, conduits and
appurtenances thereto, as it or they may from time to time desire.
d. ROBO reserves for itself, its successors and assigns, n perpetual utility
1:nscmcnt in, along, under, over, across, and through n ten-(I 0) foot strip
around the entire perimeter of each PARCEL in the SUBDIVISION. The ten
(JO) foot strip shall be measured from the property line of each PARCEL
inward. With respect to such casement, ROBO shall have the right to
construct, operate, maintain, inspect, reconstruct, multiply, change the size of
and remove such utility lines and facilities (including without limitation of the
generality thereof, water, sanitary sewer, storm sewer, drainage pipes, gas
pipes, mains and conductors, and oil appurtenances thereto; electric
distribution and communication lines, fiber optic lines, wires, conduits, guy
wires, poles, connections and all appurtenances thereto), as it or they may
from time to time desire, together with the right of ingress nnd egress thereto.
The utility casements hereby reserved arc casements ten feet (IO') wide at and
below normal ground level, extending upward to a plane one hundred twenty
feel ( 120') above the ground, and from said plane and casements twenty feet
(20') in width, extending five feet (5') in width adjacent to and on both sides
of the utility casements on each PARCEL. ROBO further reserves the
exclusive right to grant franchises ond casements to other utility OWNERS to
lay, construct, operate, mointoin, inspect, reconstruct, change the size of,
multiply nnd remove such utility lines, os described nbovc, in such ulility
casements. These utility casements ore not dcdicotcd to the public in ony
manner.
ROBO further reserves for itself, its successors and assigns, n perpetual
drainage casement tho! shnll be coextensive with the above described ten-foot
(IO') utility casements.
ROBO further reserves for itself, its successors ond assigns, a perpetual
electrical utility coscmcnt located along nil slrects, both public ond private, in
the SUBDIVISION. Said electrical casement shall be ten feet (JO') wide nt
ground level, extend upward too plane one hundred twenty feet (I 20') above
the ground ond from snid phmc, and upward the casement is twenty feet (20')
wide.
e, ROBO reserves for itself, its successors and assigns the right to make minor
changes in and additions to the utility casements hereinobovc described for the
purposes of more efficiently nnd economlcotly installing the
IMPROVEMENTS.
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--·---·----· _. ___ ...:.. _________ , __ . ___________ ,.~ .. -__:_ __________ :_,,,. ______ -·--·· ·-.
0726276
f, The conveyance by ROBO of any PARCEL in the SUBDIVISION by
contract, deed or other instrument of conveyance shall not in any event be
held or construed to include D.Jly of the rights, titles and casements heretofore
reserved in any of the foregoing paragraphs, nor the title to water, gas,
sanitary sewer, storm sewer, drainage, electric light, poles or conduits, pipes,
mains and/or D.11y other utilities or appurtenances thereto constructed by its
agents, in, along, under, through; over across, or upon such casements,
property, or any part thereof, of any other section of ROBO. The right to sell
and lease or othenvisc transfer all such rights, titles, casements, utilities ond
appurtenances is expressly reserved in ROBO.
2. The foregoing Reservations of rights and casements shall not obligate ROIJO to
exercise any of such reserved rights and casements.
3. The invalidity, abandonment or waiver of any one or more of the foregoing
Reservations, any sentence, clause, and/or part thereof shall not a/Teet the remaining
Reservations, sentences, clauses and/or parts thereof, which shall remain in full force
and effect.
Ill
RESTRICTIONS
I. For the purpose of creating and clllT)'ing out a uniform pion for the parcelling and
sale of RIVER PLACE as a district set aside for residential homes and certain
other uses accessory thereto. The following restrictions, including without
limitation restrictions, covenants, declarations, casements, limitation, charges,
agreements, and conditions (hcrcaficr collectively called the "Restrictions"), arc
hereby established and adopted to apply uniformly to use, occupancy ond
conveyance of oil the PARCELS in RIVER PLACE. Every contract, deed or
conveyance which may be hercafier executed with regard to any of the property in
the SUBDIVISION shall be conclusively deemed to hove been executed,
delivered and accepted subject to the following R11s/rlclions, even if the
Rr!s/rlc/lons are not set out in full and arc not incorporated by reference in such
contracts of sale, deed, lease, or other transfer of Interest in any such PARCEL.
A. IJUILDING A."ID CONSTRUCTION RESTRICTIONS
I. Except as otherwise herein provided, each PARCEL in the
SUBDIVISION shall be used only for non-commercial residential and
recreational purposes. Only single family residential dwellings and
appurtenances ordinary to residential living shall be pcnnitted. To this
end, without limitation, the following structures may not be built on
any PARCEL in the Residential portion of the SUBDIVISION:
hospitals, clinics, rest homes, duplex houses, apartment houses, garage
apartments for Lease to the general public , mobile homes, hotels, or
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0726276
any retail, wholesale, or other business or commercial establishment of
any kind or nature;
2. No rcsiclenee shall be constructed on any PARCEL that has an under
roof living area of less than the following square feet, excluding
porches, garoges, patios and the like:
a. Lots 36·44 13lock One (I)-3000sq n
b. Lois 24-35 Block One (l)-2800 sq fl
c. Lots l-513lock One (1)-2600 sq n
d. Lois 1-4 Block Two (2)-2600 sq n
3. No IMPROVEMENT greater than thirty-two (32) feet in height may
he constructed on any LOT without the prior written approval of the
COMMITTEE. For purposes of this paragraph, height shall be
measured from the foundation slab of the proposed IMPROVEMENT
to the ridge line of the roof of the proposed IMPROVEMENT;
4. All single family dwellings shall be of recognized standard
construction quality, and nil exteriors (exclusive of doors, windows
and similar openings) shall be constructed of at least sixty-live percent
(65%) masonry or other material specifically approved in writing by
the COMMITTEE. Masonry includes ceramic tile, brick, rock, stucco
and all other materials commonly referred to in the College Station,
Texas area as masonry. The use of prefabricated materials, including
antique homes moved from other locations, shall nol be allowed;
5. The surface of all roofs of principal and secondary structures shall be
wood shingle, shakes, tile, quali ty composition shingle, or approved
metal roof. The COMMITTEE shall have authority to approve other
roof treatments and materials if the form utilized will not be a
detriment to the quality of the neighborhood;
6. In the event an OWNER desires to use solar panels or other solar
equipment in connection with the use of any LOT, the location and
installation design thereof shall be submitted to the COMMITTEE and
approval of such design, including the aesthetics thereof, shall be
required before construction may begin;
7. The COMMITTEE shall have the right lo impose limilnlions on
driveway design, including materials, aprons, location and point of
contnct with dedicated roads, streets or private driveway within the
Property;
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0726276
8. All driveways sholl be: constructed of concrete or asphalt. No gravel
rock, limeslonc, dirt, or other fonns of motcriols shall be pennittcd.
9. The COMMITTEE shnll hove the right to approve the location of any
tonk used or proposed in connection with o single family rcsidcntiol
structure, including tnnks for storage of fuel, waler, oil or Liquid
Petroleum Gos "LPG" ond including swimming pool filter tonks. (No
elevotc<l tnnks of ony kind shnll be erected, placed or pcnnittcd on any
LOT.) All tonks shall be screened so os not to be visible from uny
other portion of the Property;
I 0. Only one single family dwelling ond oppurtenonces thereto, such os
garages ond bums, may be placed or constructed on each of the
PARCELS as plotted os of the RECORDING DATE. No tent, shack
or other temporary building, IMPROVEMENT or structure shall be
placed upon the Property without the prior written approval of the
COMMITTEE; provided however, that the COMMITTEE may
maintain or authorize temporary structures necessary for storage of
tools and equipment, ond for office space for architects, buildings and
foremen on the Property during ony period of actual construction,
which authorization, if given, sholl include the nature, size, duration
ond location of such structure or structures;
11. No Eighteen (18) Wheel Tractor Trailer Trucks shall be allowed to
pork in the subdivision or on any Lot.
12. No building or structure, except fences, shall be locutcd 011 any
PARCEL nearer to the front property line thon fifty feel (50'), or
nearer to either side of the property line than twenty-five feet (25'), or
nearer to the bock property line than fifty feet (50');
13. Drainage structures where required under private driveways shall have
a net drainage opening urea of sufficient size to pennit the free flow of
water without bock water, nnd shall be 11 minimum of eighteen ( 18)
inch diwneter pipe culvert or such forger diameter as the
COMMITTEE shall require. Additionally the pipe shall hove a
6 to I slope as extended beginning at the exposed portion of !he pipe to
the end thereof. Austin Stone or stone resembling Austin Stone os
used on entrance to subdivision shall be used to conceal oil portions of
exposed pipe.
14. No building materials ofony kind or character shall be placed or stored
on ony PARCEL more than thirty (JO) days prior to conslruction of a
building or IMPROVEMENTS ore commenced. All materials shall be
placed within the building lines os established above. At the
completion of the building or IMPROVEMENT excess or scrap
molerial must be immediately removed from the premises;
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0726276
15. No stumps, trees, underbrush, refuge of nny kind, and/or scrap material
from IMPROVEMENTS being erected on nny PARCEL shall be
placed on any other PARCEL, or on streets or ellSements;
16. Exposed openings resulting from any excavation made of any
PARCEL shall be back lillcd and the disturbed ground shall be leveled
and reseeded with fiber mulch, blanket seeding, or sodding. No
change of elevation on any PA!lCEL greater than five feet (5') shall be
made without prior approval of the COMMITTEE;
17. Ench Jot must be maintained in nn aesthetically pleasing fashion nnd
mowed such that grass docs not exceed I 0 inches in height. If a lot is
not in compliance with this regulation, ROBO or the association may
mow the premises nnd bill the lot owner for the cost thereof. Said bill
will be deemed additional Assessments and failure to pay such bill
shall be governed by Article VI Paragraph 2 and Article IX.
18. No residential dwelling shall be built without u State of Texas
approved septic tank or other sewage disposal system that is so
approved; and
19. The COMMITTEE may approve or disapprove, for any reason or no
reason, al its sole discretion any item 1-19 above.
B. GENERAL RESTRICTIONS
I. No noxious or offensive trade or activity shall be carried on upon any
PARCEL nor shall nnylhing be done thereon which may be or become
an annoyance or nuisance to the neighborhood;
2. No "commercial activity" of any kind shall be conducted on any LOT
wilhin that portion of the SUBDIVISION affected by this declaration.
"Commercial Activity" shall include but not be limited to, the offering
for sale of any product or service, the manufacture or growth of any
product for purposes of sale without regard to whether such activities
arc conducted in or from residential dwellings or otherwise;
J. No animals, livestock, or poultry of any kind shall be raised, bred,
and/or kept on any LOT within 1hc SUBDIVISION for commercial
purposes. Each PARCEL shall b-: ullowed one animal unit (nu) every
one (I) acre or fraction of nn acre. No LOT shall have more than 12
animal units, regardless of size of acreage. One animal unit (au) is
defined as:
I cow
I horse
I dog or Clll
I nu
I DU
V. au (Maximum 4 dogs or cuts)
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0726276
There wlll be no swine, chickens, ducks, geese, goats, or sheep
nllowcd on cmy PARCEL within the SUBDIVISION. There will be no
wild exotic, or naturally undomesticated nnimnls allowed to be caged
or otherwise kept on nny PARCEL within the SU13DIVIS10N. All
dogs shall be kept on lensh, penned, nnd/or confined to the OWNERS
property. No dogs shall be allowed to run loose;
4. No sign(s), except sign(s) advertising properly for sale and/or rent (not
exceeding five (5) square feet in size; advertisement billboard, nnd/or
advertising structure of nny·kind mny be erected or maintained on any
PARCEL without the consent in writing of the COMMITTEE, ROl30,
or members of the COMMITTEE shall have the right to enter and
remove nny such signs), advertisement and/or billboard and/or
structure which is placed on nny PARCEL without snid consent, and in
so doing, shall not be liable nnd is expressly relieved from nny liability
for trespass or other son in connection therewith, or arising from such
removal;
5. No port of the SUBDIVISION shall be used or maintained as dumping
grounds for rubbish, trash, or garbage. Equipment for the storage or
disposal of such mntcrinl(s) shall be kept in u clean and sanitary
condition. No tmilcr(s); recreational vchicle(s); tcnt(s); hoat(s); and/or
stripped down, wrecked, junked, or otherwise wholly inoperable
vehicle shall be kept, parked, stored, and/or maintained on nny portion
of the driveway nnd/or front ynrd in front of the building line of the
pcnnnncnt structure. Some shnll be kept, pnrked, stored, or maintained
on other portions of n LOT only within an enclosed structure or a
screened [ll"en which prevents the view thereof from adjacent LOTS or
streets. No dismnntling or assembling of motor vehicles, boots,
trailers, recreational vehicles, or other machinery or equipment shall
be pennittcd in any driveway or ynrd adjacent to a street;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds,
or other unsightly obstacles on their PARCELS or on the casements or
on the alley or the streets abutting the same. Each OWNER shull be
responsible for proper disposition of his/her trash or garbage.
OWNERS shnll keep the drainage easements free of obstructions;
7. Aller commencement of construction of nny structure or
IMPROVEMENT, the work thereon shall be diligently prosecuted to
the end and the structure or IMPROVEMENT shall not remain in n
portly finished condition any longer than reason11bly necessary for
completion thereof;
8. All construction projects shall be completed within 18 months of the
setting of the fonns for the foundation. AOcr such time, nil tractors,
trailer, nnd offices must be immedialely removed.
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0726276
9. All fencing within one hundred feet (100') of any rond in the
SUBDIVISION, running parallel to the right of way of such rond or
substnntinlly parallel thereto, shall be of such size, design, material nnd
color ns is specifically approved by the COMMITTEE. Visible front
fencing shnll be constructed of cedar or any material approved by
COMMITTEE. In the event .LOT OWNER paints said fence, LOT
OWNER shall maintain fence;
l 0. No act may be perfonned which is likely to pollute the air or water in
any part of the SUBDIVISION, nor may any property OWNER violate
any ordinance designed to eliminate pollution at that time in force
whether it be State, County or City;
11. No fireanns or fireworks may be discharged in the SUBDIVISION or
on any PARCEL, e11Sement or common area;
12. Representatives of ROBO, the ASSOCIATION, or the COMMlTI'EE
may from time to time at any reasonable hour, enter nnd inspect any
part of the SUBDIVISION to ns~ertnin compliance with this document
or any amendments hereto;
I J. No oil or gas drilling, development, refining, quarrying or mining
operations of nny kind shall be permitted on nny LOT, nor shall any
tanks, tunnels, mineral excavations or shafts be permilted on any LOT.
No derrick or other structures designed for use in boring or drilling for
oil, natural gos, or other minerals shall be erected, maintained or
permitted on any LOT save and except existing locations al time of
plat approval. Notwithstanding the foregoing, each OWNER, by its
acquisition of a parcel of the SUBDIVISION has been, or will be
reserved by third parties or predecessors in title to the Property;
14. Mailboxes shall be erected and maintained on each LOT upon which a
residence is situated, and shall be fixed on masonry stanchions
(columns), approved by the COMMITTEE. No metal or wood post
stands arc pcrrniltcd. Ench mailbox shall be new when installed,
constructed of durable steel or aluminum, and of size and shape
conforming to postal authority standards for single family residential
postal depositories. Mailboxes shall be located in accordance with
postal regulations; ond
15. The COMMITTEE may approve or disapprove, for any reason or for
no reason, at its sole discretion any item I through 13 above.
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0726276
j'.
C. SPECIAL RESTRICTIONS FOR LOTS 25-35 IJLOCK ONE (I) (LAKE
LOTS AND THE USE Of THE LAKE.
I. A Lnke of npprmdmntely 24 ncrcs is reflected on the Plat. However
ROBO mnkcs no gunrontec ns to the wnter level or clarity of the Lnke.
ROBO reserves the right lo pump wnler into or out of the Lnke ns it so
chooses. ·
2. Any Piers or similar structures must be constructed so as to not
protrude more than ten feet (IO') from property line or waler line
whichever is closer; and
J. All piers or docks must be no more than one hundred (100) square feel
in size.
4. No septic tanks shall be located on any PARCEL nearer lo the back
property line than I 20 feel.
5, No boot with more than n 9 horse power motor shall be allowed onto
the Jake except one designated tournament ski boot, approved by !he
National Water Ski Association ("NWSA"). Hours of operation of
said boot nre limited to Mondny-Saturdny 9:00 o.m. to 6:00 p.m. In
addition, ROOO reserves the right to place further restrictions
regarding the use of said boat ns it deems necessary. Additionally
ROBO shall be permitted lo form a Water Ski Club nnd shall have the
power and right to establish the rules, regulations, and dues for said
club,
6. No floating objects of any type shall be secured to any structure on lake
other thnn the owners pier or dock. Nor shall nny floating object be
nnchored in the Joke.
7. The property of each lot on the Joke mny hove a portion covered by
wnter from time to time. The shore line nnd property line arc not one
nnd the snrne.
8. Owner shall establish a grass lawn by means of sodding or blanket
seeding from the house occupying the lot down to lhe bulk heading at
the edge of the lake and shnll mow and maintain said area in
conjunction with the rest of the Loi. Owner shall also be responsible
for keeping beach arcn between the bulkheadings and lake free of
debris and trosh .
9. No cows or horses shall be allowed on Lots 25-32 , Block I.
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0726276
JV
ARCHITECTURAL CONTROL
I. There is hereby created the Architectural Control Committee which shall consist
of three (J) members. The initial Architectural Control Commiltce is composed
of:
Robert S. Smith
1. Fred Bayliss
John Schaffer
A mnjority of the Architectural Control Commiltce may designate rcpresentntives
to act for it. In the event of the deoth or resignation or failure to serve by any
member of the COMMITIEE, the remaining members shall hove full authority to
designate a successor. Neither the members of the COMMITIEE nor its
appointed representatives shall be entitled to any compensation for services
rendered pursuant to this covenant. Aficr ten (I 0) yenrs from the date of this
instrument, or at such earlier time as the majority of the COMMITIEE shall
dctem1inc the power to designate members of the Architectural Control
Committee will automatically pass to the Association. The COMMITIEE'S
approval or disapproval as required by the Restrictions shall be in writing.
2. No IMPROVEMENT of any kind shall be erected, placed or altered in the
c.~tcrior design afler being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, landscaping plans, or other plans,
specifications and plot plans showing the location and size of such
IMPROVEMENT has been submitted to the COMMITIEE, or its designated
representatives os to the harmony of extcmol design with the existing structures
on PARCELS in the SUBDIVISION, as to type of exterior materials and exterior
paint colors, as to quality of workmanship and materials, nnd as to locutions with
respect to topography and finished ground elevations, and compliance with all
applicable provisions of this document, and general compatibility within the
SUBDIVISION. IMPROVEMENTS used herein include, but arc not limited to,
building(s), fences, towers, antennas, porches, decks, walls, swimming pools,
water wells, playground equipment, outdoor cooking or eating facilities of a
permanent nature, docks, piers, barns, silos, cages, sheds, streets, alleys,
excavations nnd other earth movements. The COMMITIEE may require a
rcasonnblc fee for performing the functions herein prescribed and moy disapprove
plans, specifications, designs, and plot plans for failure to pay such fee. Such fees
shall be used by the COMMITIEE to discharge actuol expenses incurred by the
COMMITIEE. Aller approval in writing has been given, the erecting, placing or
altering of the IMPROVEMENTS on nny PARCEL shnll be made only in
accordance with the approved plons, specifications and plot plans, unless
variations or changes nrc also approved in the some manner.
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0726276
3. Neither ROBO, nor the members of the COMMITIEE, representatives, ond/or
their successors or ossigns shall be lioblc in damages to anyone submitting plans
to lhem for opproval, or to any OWNER or lessee of ony PARCEL affected by
these Res/rlclions, by reason of mistake in judgement, negligence or nonfeosancc
arising out of or in conncelion with the opprovol or disapproval or failure lo
approve any plans submitted. Every person who submits plans to the
COMMIITEE for opprovol agrees by submission of such plans, and every
OWNER or Jessee of any PARCEL within the property agrees, by acquiring title
thereto or inlcrcst therein, that he will not bring any action or suit against ROBO,
the members of the COMMIITEE, or its representatives, to recover ony such
damages.
4. At the option of a majority of the COMMITIEE, all of the powers, rights, duties,
and responsibilities of said COMMIITEE may be transferred to the
ASSOCIATION; in such event the ASSOCIATION sholl oppoint o tcprescntotive
or represcnlolivcs to perform oil functions of the COMMIITEE. Said
representative or representatives shall be the successor of the COMMITIEE.
v
RIVER PLACE ASSOCIATION, INC.
I. Creation. The ASSOCIATION, o Texas non·profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas and with its
principal office located at I 03 Pease Street Bryan, Texas.
2. Incorporotlon. ROBO shall cause the ASSOCIATION to be incorporated, and
ROBO shall hnve the power to elect oil members of the Boord of Directors and to
fill any vacancies occurring therein until ROBO has conveyed by deed, in the
aggregate, eighty percent (80%) of the LOTS in RJVER PLACE, and any fulurc
acreage developed under a common scheme or plan of development by ROBO,
according to mop or pint filed in the Official Records of Brazos County, Texas.
Once eighty percent (80%) ofthc LOTS hnve been so deeded, the membership of
the Bonrd of Directors shall be determined by majority vote of the land OWNERS
of record that arc subject lo a required maintenance charge payable to the
ASSOCIATION. The voting shall be conducted according to rules established by
the Bylaws of the ASSOCIATION. ROBO may elect to transfer power to elect
Boord of Directors to said record OWNERS ot any time.
3. Powers 11nd Functions. The ASSOCIATION shall hove powers and functions
provided by applicable law, its Articles of Incorporation, its Bylaws, as heretofore
or hereafter amended, respectively, and such other powers us set forth herein,
including without limitation, ot its option, the right to maintain streets, Jakes,
utilities, recreational areas; to provide for gnrbage pickup (ot n cost to the
individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, furnish power or gas for slreet lighting, maintain
csplonodcs, and other common areas; and to establish rules and regulations for the
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0726276
use of lakes, rivers, streets, ond other SUBDIVISION facilities, specfficnlly
erected nnd instnlled and destgnotcd to be controlled by the ASSOCIATION. The
ASSOCIATION shnll administer the Maintenance Fund hercinnller provided.
4. Membership. LOT ownership and membership in the ASSOCIATION shall be
insepnmblc. Transfer of n LOT nutomoticnlly transfers membership in the
ASSOCIATION nnd nil rights of the transferor with respect to the COMMON
AREAS and facilities to which ownership of such LOT relates.
5. Additions. If ROBO develops further acreage under n common scheme or pion
of development, ns ROBO, the ASSOCIATION, mny require such property
OWNERS to be members of the ASSOCIATION nnd they shall hnve equal voting
rights therein on the snmc bnsis ns OWNERS of property in this SUBDIVISION.
6, Addltlonnl Member. The ASSOCIATION shall hove the right under conditions
nnd stipulations to be adopted by its Board of Directors, to ndmit Associate
Members, who shall be en tilled to use of the COMMON AREAS, under rules and
regulations established by the Boord of Directors, but shall have no voting rights
in the affairs of the ASSOCIATION. OWNERS oftrncts or PARCELS of land in
RIVER PLACE shall be eligible for Associate Membership in the
ASSOCIATION.
YI
MAINTENANCE CHARGE
I. Creation of Annual Mnintcnnncc Charge. Each PARCEL in RIVER PLACE, is
hereby subjected to annual maintenance chnrge of Three Hundred and no/ I 00 ($300)
Dollars per year, payable onnuolly in advance by the OWNER of each PARCEL on
the first day of January of each year, beginning 200 I and each succeeding year
thcrealler until tcnninated as provided below, to the ASSOCIATION, its successors
and assigns, for the purpose of creating 11 fund described below, known os the
"Maintenance Fund." Where any PARCEL is owned by more than one person or
cnlity, soid maintenance charge shall be payable by nil such OWNERS, jointly und
severally. The maintenance charge shall be prorated between purchasers and sellers
of PARCELS in the proportion that the remaining months of the calendar ycnr bear to
1hc whole year. By acceptance of o deed or other Instrument of conveyance, or by
nny other claim of legal ti lie lo any PARCEL or portion thereof, each OWNER agrees
and consents to the maintenance charge shall be paid for each year from 2001 through
2011 and shall be extended outomnticolly for successive periods of ten (10) ye ors
unless before 2011, or before lhe 3 I st doy of December of any lcnth year lherenller,
the Owners of record of o majority of the PARCELS in the SUBDIVISION vote to
disconlinue such charge by written instrument which shall be signed 11nd
acknowledged by the OWNERS of record of a majority of the PARCELS ond
recorded in the Offici11l Records of Brazos County, Texas.
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0726276
2. Liens. The ASSOCIATION shall hove o lien against nny PARCEL for which the
annual maintenance charge provided herein shall not be paid effective upon the
thirtieth (30th) day following the date said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintennnce charge
then due, owing and unpaid plus on additional delinquency charge of twelve percent
( 12%) per annum of the unpaid balance .accruing from the date said maintenance
charge become due and payable. The ASSOCIATION shall hove the right 10
evidence the existence of this lien by filing n sworn and acknowledged statement of
lien in the Office of the County Clerk of Brazos County, Texas, but the failure of the
ASSOCIATION to so file a statement of lien shall not a!Tect the validity of the lien as
between the ASSOCIATION and the OWNER.
3. Purimse nnd Use of Mnlntcnnncc Fund. The maintenance charge shall be used to
pay "maintenance expenses" which shall include without limitation expenses incurred
for any of the following purposes: lighting, constructing, improving and maintaining
any rights of way, easements, entry, streets, sidewalks, paths, fences, lakes, boat
launch, boot house, park, parkways, stables, tracks, pools, lodge, esplanades, and any
structures, facilities or area which con be used by all OWNERS which in the opinion
of the ASSOCIATION would benefit the SUBDIVISION as a whole; collecting and
disposing of garbage, ashes, rubbish and the like in said areas (other than garbnge,
ashes, rubbish, and the like from constructed residential dwellings), caring for vacant
PARCELS, employing watchmen or any other action deemed desirable to protect
persons and property, payment of legal nnd all other expenses in connection with the
operation of the ASSOCIATION, and the enforcement of oil recorded charges,
restrictions, covenants, agreements nnd conditions a!Tecting property to which
maintenance charges apply, payment of all expenses in connection with the collection
and administration of the maintenance charges, and doing any other things necessary
and desirable in the opinion of the ASSOCIATION to keep property neat and in good
order of which it considers of general benefit to the SUBDIVISION. The net of the
ASSOCIATION and its expenditures of the Maintenance found shall be final so long
us it acts In good faith.
4. Increases or RetJucllons to Annual Maintenance Charge. The ASSOCIATION
may increase or reduce the maintenance charge from time to time by action applied
unifonnly to all PARCELS in the SUBDIVISION as provided below.
5. Assessments. from and after 2001, the ASSOClATION'S Boord of Directors, at its
next annual or special meeting and nt each annual meeting thereafter, shall sci the
amount of the monlhly assessments for each year for each LOT, taking into
consideration the current maintenance costs and future needs of the ASSOCIATION;
except, however, the monthly assessments may not be increased in any one year by
more than twenty percent (20%) of the then existing annual assessment, except on the
aflinnative vote of OWNERS entitled to cast two-lhirds (2/3) of the votes of the
ASSOCIATION, in person or by proxy al u meeting duly called for such purposes.
6. Developer Excmptmcnt. RODO shnll not he liable or in any way responsible for the
payment of any maintenance charge provided for herein.
IS
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0726276
VII
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
I. In addition to the annual nssessments for maintenance charges authorized above, the
ASSOCIATION may levy in any assessment year, special assessments applieoblc to
thot year only, for the purpose of defraying, in whole or in port, the cost of any
construction or reconstruction, repair or replacement of o capitol improvements upon
the COMMON AREA, including the necessary fixtures and personal property related
thereto, provided that any such assessment shall have the consent of o three-fourths
(3/4) mnjority of the votes of the members who ore voting in person or by proxy at a
meeting duly coiled for this purpose. Written notice of a meeting coiled for this
purpose shall be sent to oil members not less than thirty (JO) days or more than fifty
(50) days in advance of the meeting setting forth the purpose of the meeting and the
proposal to be voted on.
2. No special assessments for capilol improvemenls shall be mode under this provision
prior lo the time when the membership of the !Jonrd of Directors of the
ASSOCIATION is dctennined by majority vote of the land OWNERS of record
subject to the maintenance charge as hereinabovc set forth.
J. The Special Assessments shall be payable by the OWNERS on the dotes and tcnns us
mny be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
Vlll
SURORDINATION OF THE LIEN TO MORTGAGES
I. The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure the payment of monies ndvonccd and used for the purpose of purchasing
and/or improving such LOT. Sole or transfer of any LOT or transfer of any LOT
pursuant to 11 foreclosure under such purchase money or IMPROVEMENT,
mortgages or ony proceeding in lieu of foreclosure thereof, shall extinguish the lien of
such assessments as to the payments thereof which become due prior to such s11le or
transfer. No sole or transfer shall relieve such LOT from liability for nny ussessments
thereafter becoming due or from the lien thereof. No cxtinguishment of the lien shall
relieve the delinquent LOT OWNER from his/her personal obligation and liability
therefor.
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0726276
11 .
IX
EFFECT OF NON-PAYMENT OF ASSESSMENTS:
REMEDIES OF THE ASSOCIATION
l. Any osscssmcnls nnd charges which ore nol poid when due ore considered delinquent.
If the assessment is nol poid within thirty (30) doys oiler the due dote, the assessment
shall beor inleresl from the date of the delinquency at the role of twelve percent (12%)
per annum. The ASSOCIATION may bring on action al law ngoinst the OWNER or
member personally obligated lo pny the same, or foreclose the lien against !he
property. Any inlcrcsl, costs, and reasonable allomcy's fees of any such action will
be added to the llJllount of such assessment. Each OWNER, by his acceptimcc of a
deed lo n LOT hereby expressly vests in the ASSOCIATION, or its agents the right
and power to bring oil octlons agolnsl such OWNER personally for the collection of
such charges as n debt and to enforce the aforesaid lien by oil methods available for
the enforcement of such liens, including foreclosure by an action brought in the name
of the ASSOCIATION in a like manner as a mortgage or deed of trust lien on real
property and such OWNER hereby expressly grants to the ASSOCIATION, a power
of sale in connection with said lien. The lien provided for in this section shall be in
favor of the ASSOCIATION, shall be for the benefit of all other LOT OWNERS, and
shall be exercisable by a Trustee to be named or designated by the !3oard of Directors
of the ASSOCIATION. Any sale pursuant lo this power shall be conducted in
accordance with the provisions of Article 3810 of the Tl!xas Revised Civil S1a111cs
Annotated. The ASSOCIATION acting on behalf of the LOT OWNERS shall have
the power lo bid in an interest ot foreclosure sale and lo acquire and hold, lease,
mortgage, ond convey the property.
x
RE-SUBDIVISION
I. No Lot may be re-subdivided into smaller LOTS. This provision docs not apply to
any real property reserved by R0!30 or to any real property that may be developed os
a part of the SUBDIVISION in the future under a common scheme or plan of
development.
XI
MISCELLANEOUS PROVISIONS
I. The foregoing Restrlct/011s ore adopted as part of and shall apply to each and every
PARCEL in the SUBDIVISION. Such Rcstrlcl/011s arc equally for the benefit of nil
subsequent OWNERS or PARCELS in RIVER PLACE and accordingly, shall be
covenants running with the land. Any OWNER or lienholder of nny of the property
or the ASSOCIATION shall have the power to prosecute in the appropriate court a
suit at law or in equity to prevent uny violation or allcmptcd violation of the
17
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0726276
Restrlctio11s and to recover damages for nny violation or attempted violation
including, but not limited to, reasonable attorney's fees; provided, however that this
clause shall not restrict nny governmental agency from ncting to enforce any of the
Restrictions.
2. The tcnn of the Restrlctlo11s shall be for a period from the filing of this instrument for
record in Brazos County, Texas, until the 111 day of July, A.O., 2011, after which dote
such Restrictions shall be automatically extended for such seccessive periods of ten
(10) years each, unless and until, by instruments executed by the then record
OWNERS of n majority of the PARCELS in RIVER PLACE and duly recorded in
Official Records of Brazos County, Texas, such Restrictions ore altered, rescinded,
modified or chMged, in whole or in port.
3. Nothing contained in this document or nny violation of any of the Restrictions shall
have the e!Tcct of impairing or affecting the rights of any mortgagee or trustee under
any mortgage or deed of trust outstanding against of the SUBDIVISION or any
portion thereof.
4. Any and all rights, powers and reservations of ROBO herein contained may be
assigned to any person, corporation or association which will assume the duties
pertaining to the particular rights, powers, and reservations assigned, and upon nny
such person, corporation or associations' evidencing its consent in writing to accept
such assignment and assume such duties, he or it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same obligations
and duties as arc given to and assumed by ROilO herein and ROBO shall thereafter
be released from any future liabilities. The term ROBO as used in this document
includes all such assignees and their heirs, successors and assigns.
5. Every person who now or hereafter owns or acquires any right, title or interest in or to
any property in the SU!lDIVISION is and shall be conclusively deemed lo have
consented and agreed to every covenant, condition, reservation and restriction
contained here in, whether or not nny reference to this declnrntion is contained in this
instrument by which such person acquires an interest in the property.
6. ROBO reserves the right to make minor deviations from the tenns of this document to
the extent pcnnissible by low and consistent with the general plan for development as
herein set out, all without further action or consent by or from any party.
7. The invalidity, violation, abandonment, waiver of or failure lo enforce nny one or
more of or any port of the provisions of this document shall in no way affect or impair
the remaining provisions or parts thereof which shall remain in full force and effect.
8. ROBO, its successors ond assigns, shall have the right to bring within the scheme of
this Declaration addition11l properties thereby subjecting such additional lands to this
Declaration, by tiling of Record a Supplementary Declaration with respect to such
additional property which shall extend the scheme of this Declaration to such
C.\MD.U:A~t/ 18
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0726276
property. The ASSOCIATION shall accept same to be owned and managed pursuant
to the tenns and conditions of this Dechuation.
9, Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration ns may
be neccssruy to reflect the difTerent character, if any, of the added properties as arc
not inconsistent with the scheme of this De'clamtion. In no event, however, shall such
Supplementary Declarntion revoke, modify or odd to the covenants established by this
Dcclnration within the existing SUBDIVISION.
Doted this )I/!2day of September, 2000.
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
ROl30 INVESTMENTS, INC.
lle&~L.
Robert S. Smith
President
This instrument was ncknowlcdgcd before me on the/,rt."1ay of September, 2000,
by Robert S. Smith.
e J, FRED BAYLISS
Nolliy l'lltlloc, S!alt ol Teua
My CotMliulon Explraa
' DECEMBER 10, 2003
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7254
THE STATE OF TEXAS
COUNTY OF BRAZOS
§
§
§
DECLARATION
OF
COVENANTS, CONDITIONS
RESERVATIONS AND RESTRICTIONS
OF
RIVER PLACE SUDDIVISION PHASE II
WHEREAS, ROBO INVESTMENTS, INC., A TEXAS CORPORATION
("ROBO"), is the owner of oil that certain tract of lwid in Brazos County, Texas, which
has been heretofore plotted, subdivided and designated as RIVER PLACE
SUBDIVISION PHASE II according lo the map or plat thereof filed of record in Vol.
4178, Page 311 in the Official records of the County Clerk ofOrazos County, Texas;
WHEREAS, ROBO desires to create and provide for the development
improvement and maintenance of RIVER PLACE SUBDIVISION PHASE II, for the
mutual benefit arid pleasure of the present and future property owners in such
subdivision, and to protect lhc property values within such subdivision by imposing upon
and against oil of the designated lots therein the covenants, reservations and other
provisions hereinafter set forth; and
NOW THEREFORE, ROBO docs hereby make, adopt and establish the following
reservations, restrictions, declarations, casements, limitations, charges, agreements,
covenants, conditions and stipulations, each of which shall be applicable to RIVER
PLACE SUBDIVISION which compromises nil of the designated lots ir. Block One (I)
of RIVER PLACE SUBDIVISION PHASE II according to the mop or plat thereof filed
in record at the office of the County Clerk of Brazos County, Texas.
I
DEFINITIONS
I. The following tenns when used herein shall hove the following meanings:
a. "ROBO" shall mco.n ROBO INVESTMENTS, INC., o Texas Corporation, its
successors and assigns.
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b. "RIVER PLACE II" shall mean the IUVER PLACE SUBDIVISION PHASE
II.
c. "SUl3DIVISION" shall mean RIVER PLACE SU13DIVISION PHASE II,
which consists of all of the designated LOTS in 131ock One (I) according to
the map or plat thereof filed of record in Vol. 4178 Page 311 of the County
Clerk of 13rnzos County Texas.
d. "RECORDING DATE" shall mean the dote upon which this document is filed
of record with lhc County CICrk ofDrazos County, Texas.
e. "LOT'' or "PARCEL" shnll mean lhose plots ofland shown on the mop or plot
of the SUBDIVISION filed of record with the Clerk of 13rnzos County, Texas,
with the exception of those plots of land designated as Reserve Tracts, and
reservations hereinafter made,
f. "OWNI!R" shall mean and refer to the record OWNER, whether one (I) or
more PERSON(S) or entities of the fee simple title to any LOT in the
SU13DrVlSION, or nny part or interest therein. OWNER shall not mean or
refer to any mortgagee, under any applicable theory of mortgage, unless and
until such mortgagee hos acquired legal title pursuant lo foreclosure or any
proceeding in lieu of foreclosure. The tenn OWNER shall further include any
PERSON or entity claiming title to any LOT or portion thereof by adverse
possession; any PERSON or entity leasing, renting or otherwise occupying
any LOT or port thereof; and/or any PERSON or entity claiming interest in a
LOT or port thereof under a contract of sole.
g. "COMMITTEE" shall mean ond/or refer lo the Architectural Control
Committee established under the provisions of this document, its successors
and assigns.
h. "ASSOCIATION" shall mean and refer to RIVER PLACE ASSOCIATION,
INC., a Texas non-profit corporation, provided for in this document, ils
successors and assigns.
i. "COMMON AREAS" shall mean oil real property owned by the
ASSOCIATION for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT'' shall mean every structure and all appurtenances thereto
of every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping,
poles, signs, exterior air conditioning, water softener fixtures or equipment,
pumps, walls, tonks, reservoirs, pipes, meters, antennae towers and/or other
facilities used in connection with water, sewer, gos, electric, telephone,
regular or cable television, sntellitc, t.v. antennas, and/or other utilities.
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0 7254
k. "PERSON(S)" shall refer to any natural person, individunl(s), and/or any
other entity unless the context indicates otherwise hnving the icgnl right to
hold title to real property.
l. "PLANS" and "SPECIFICATIONS" shnll mean any and all documents
designated to guide or control the construction or erection of any
IMPROVEMENT, including, but not limited to, those indicating location,
size, shape, configuration, materials, site plans, excavation and grnding plans,
foundation plans, drainage plans, landscaping and fencing plans, elevation
drawings, floor plans, specifications on oil buildings products and
construclion techniques, samples of exterior colors, plans for utility services,
and all other documentation or infonnation relevant to such
IMPROVEMENT.
m. References to the singular shall include the plural, and the plural shall include
the singular.
n. Terms utilizing bold, capital letters arc used as defined terms. Tcm1s utilizing
regular upper and lower class casing arc used generically unless otherwise
indicated. ·
II
RESERVATIONS
l, In so authenticating said map or plat for record and in so dedicating the use of the
streets (whether such thoroughfares arc referred to as drives, avenues, roads, lanes, ways,
parkway, boulevards; or streets) as shown thereon to the public for ordinary roadway
purposes only, there was reserved and there is hereby expressly reserved in ROBO the
following rights, titles, and easements (hcrcinaficr collectively called "Reservations").
Reservations used herein sjiall be referred to us a part of and construed as being adopted
in each and every contract of sale, deed or instrument of conveyance executed or to be
executed by or on be:hnlf ofROBO conveying any property in the SUBDIVISION or any
part thereof:
a. The legal and fee simple title in and to each and all of said streets as shown on
said map or pint is hereby reserved in ROBO subject to the limited dedication
of the use of streets, not marked as private by the letters "Pvt.," to the public
for ordinlll')' roadway purposes only.
b. ROBO reserves for itself, its successors and assigns, 11 perpclWll nonexclusive
easement to lay, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such water, sanitary sewer and stonn
pipes, gas pipes, mains and conductors nnd nil appurtenances thereto relevant
to the operation of waterworks, sanilllry sewer, storm sewer and/or droinngc
systems as it moy from time to lime desire, in, along, under, over, across and
through oil of the streets, both public nnd private, in the SUBDIVISION.
Such pipes, mains and conductors, lines, wires, conduits and appurtenances
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0747c: ~
shall pc burled to such rensonnble depths as will not interfere with the use of
the streets for ordimuy roadway purposes.
c. ROBO reserves for itself, its successors and nssigns, title in and to nil water,
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors,
all oppnrtcn1111ccs thereto; and oil electric distribution, communication lines,
wires, conduits and all nppurtennnces thereto constructed by ROBO or Its
agents in nil of said streets in the SUBDIVISION, together wllh 11 perpetual
casement to operate, maintain, inspect, repair, reconstruct, change the size of
ond remove such pipes, mains and conductors, lines, wires, conduits and
appurtenances thereto, as it or they may from time to time desire.
d. ROBO reserves for itself, its successors and assigns, a perpetual utility
casement in, along, under, over, across, and through 11 ten· (I 0) foot strip
nround the entire perimeter of each PARCEL in the SUBDIVISION. The ten
(IO) foo! strip shall be measured from the property line of each PARCEL
inward. With respect to such casement, ROBO shnll hove the right to
construct, operate, maintain, inspect, reconstruct, multiply, change the size of
and remove such utility lines and facilities (including without limilotion of the
generality thereof, water, s1111itary se\vcr, storm sewer, drainage pipes, gos
pipes, mains and conductors, and all appurtenances thereto; electric
distribution ond communication lines, fiber optic lines, wires, conduits, guy
wires, poles, connections and oll appurtenances thereto), as it or they may
from time to time desire, together with the right of ingress and egress thereto.
The utility casements hereby reserved ore easements ten feet (IO') wide ot and
below normal ground level, extending upward to a plane one hundred twenty
feet (120') above the ground, ond from said plane and casements twenty feet
(20') in width, extending five feet (5') in wldlh adjnccnt to and on both sides
of the utility easements on cnch PARCEL. ROBO further reserves the
exclusive right lo grant franchises and casements to other utility OWNERS to
loy, construct, operate, mninlain, inspect, reconstruct, chonge the size of,
multiply nnd remove such utility lines, ns described nbove, in such utility
casements. These utility casements nrc not dedicated to the public in nny
manner.
ROBO further reserves for itself, its successors and assigns, 11 perpetual
drainnge casement that shall be coextensive with the above described ten-foot
( 10') utility casements.
ROBO further reserves for itself, its successors nnd assigns, a perpetual
electrical utility e11Semcnt located along nil streets, both public nnd private, in
the SUBDIVISION. Snid electrical casement shall be ten feet (10') wide at
ground level, extend upward to a plane one hundred twenty feet (120') above
the ground and from said plane, and upward the casement is twenty fci:t (20')
wide. ·
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/47254
c. ROBO reserves for itself, its successors nnd assigns the right 'o make minor
changes in nnd additions to the utility casements hercinabovc described for the
purposes or more efficiently and cconomicnlly inslalling the
IMPROVEMENTS.
f, The conveyance by ROBO of any PARCEL in the SUBDIVISION by
contract, deed or other instrument of conveyance shall not in nny event be
held or conslrucd to include nny of the rights, titles nnd casements heretofore
reserved in nny of the foregoing pomgraphs, nor the title to water, gos,
snnitory sewer, storm sewer, drainage, electric light, poles or conduits, pipes,
mains and/or any other utilities or appurtenances thereto constructed by its
agents, In, along, under, through, over across, or upon such casements,
property, or ony port thereof, of ony other section of ROBO. The right to sell
and lease or olhcrwisc transfer all such rights, titles, casements, ulilities and
appurtenances is expressly reserved in ROBO.
2. The foregoing Reservations or righls and casements shall not obligalc RODO to
exercise any of such reserved rights and casements.
3. TI1c invalidity, abandonment or waiver of any one or more or '.he foregoing
Reservations, .any sentence, clause, and/or part thercor shall not nfTcct the remaining
Reservations, sentences, clauses and/or parts thereof, which shall remain in full force
and cffcct.
IJJ
RESTRICTIONS
I. For the purpose of creating and carrying out a uniform pion for the parcelling and
sole of RIVER PLACE II os n district set aside for residential homes and certain
other uses accessory thereto. The following restrictions, including without
limitation restrictions, covenants, declarations, casements, limitation, charges,
agreements, and conditions (hercoficr collectively coiled the "Rcslrictio11s"), arc
hereby established nnd adopted to apply uniformly to use, occupancy and
conveyance of all the PARCELS in RJVER PLACE II. Every contract, deed or
conveyance which moy be hereafter executed with regard to any of the property in
the SUBDIVISION sholl be conclusively deemed to have been executed,
delivered ond accepted subject to the following Rastrlcllons, even if the
Restrlctio11s nre nol sel out in full and nre not incorporated by reference in such
contracts of sale, deed, lease, or other tronsfcr of interest in any such PARCEL.
A. BUILDING AND CONSTRUCTION RESTRICTIONS
I. Except as otherwise herein provided, each PARCEL in the
SUBDIVISION shall be used only for non-commercial residential and
recreational purposes. Only single family residential dwellings and
appurtenonces ordinary to rcsldentiol living shell be permitted. To this
end, without limitation, the following structures may not be built on
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•,...__.,.... _______________________________ ,_ ...... 1rnr~....., .. .., . .-...... --.-.. ~-. ...... __... ....... ,.~···J ••t•'•:1,11·~·:· · ·
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-· .. ----··------------------·-----~==-==--·_,,. ... ____ '-. =---.=ti
0747264
nny PARCEL in the Residential portion of the SUBDIVISION:
hospitals, clinics, rest homes, duplex houses, apartment houses, garage
apartments for Lease to the gcncml public , mobile homes, hotels, or
any retail, wholesale, or other business or commercial establishment of
any kind or nature;
2. No residence shall be constructed on any PARCEL that hos on under
roof living area of less than the following square feet, excluding
porches, garages, patios and the like:
a. Lots 6-14A Block One (I) -2600sq fi.
b. Lots I 5-18, 22, 23 Block One (1)-2800 sq fl.
3. No IMPROVEMENT greater than thirty-two (32) feet in height may
b.e constructed on any LOT without the prior written approval of the
COMMITIEE. For purposes of this paragraph, height shall be
measured from the foundation slab of the proposed IMPROVEMENT
to the ridge line of the roofoft~e proposed IMPROVEMENT;
4. All single family dwellings shall be of recognized standard
construction quality, and all exteriors (exclusive of doors, windows
and similar openings) shall be constructed of at lcnst seventy-five
percent (75%) masonry or other material specifically approved in
writing by the COMMITIEE. Masonry includes ceramic tile, brick,
rock, stucco and all other materials commonly referred to in the
College Station, Texas area as masonry. The use of prefabricated
materials, including antique homes moved from other locations, shall
not be allowed;
5. All dwellings must include at least a two-car garage constructed of
seventy-five percent (75%) mnsonry;
6. The surface of all roofs of principal and secondary structures shall be
wood shingle, shakes, tile, quality composition shingle, or approved
metal roof. The COMMITTEE shall hove authority to approve other
roof treatments and materials if the fonn utilized will not be o
detriment to the quality of the neighborhood;
7. In the event on OWNER desires to use solar panels or other solor
equipment in connection with the use of any LOT, the location nnd
installation design thereof shall be submitted to the COMMITTEE and
approval of such design, including the aesthetics thereof, shall be
required before construction may begin;
8. Tht! COMMlllEE shall hove the right lo impose limillllions on
drivcwoy design, including materials, oprons, location and point of
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Doc Bk Vol pg
01041578 OR 9317 153
Dated the / 7t:tt day of __ 5'_~------__ , 2009.
BY:
STATE OF TEXAS
COUNTY OF BRAZOS
RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC.
Bart Munro, Treasurer
T~i'!.ilfWWiment was acknowledged before me on the \J day of
........__-+>-'.l~l-L-=oc;..w..~• 2009 by Bart Munro, Treasurer of RIVER PLACE PROPERTY oWRs• ASSOCIATION, INC., on behalf of said corporation and in the capacity therein
stated .
RECORDING PAID FOR BY: HLE 070447
AFTER RECORDING RETURN TO:
MANAGEMENT CERTIFICATE
Wuw&Vlwt
Notary Public, State of Texas
Filed for Record in:
BRAZOS COUHTY
On: Sep 1712009 at 04:03P
As a Recordings
Oocu1ent ~ber:
A1ount
01041578
15.00
ReceiPt HuMber -374715
BY1
CYnthit1 Rincon
STATE OF TEXA~ COUNTY OF BRAZOS
. I hereb~ certify that this instr111ent 1111s
ft led on the dnte and tiaie stattPed here011 bY Me
and wns duly r~ordJein the volUl!e and Pa9e of the Official Publi rei::ords of:
BRAZOS OUHTY
PRE,h-.RE;Q IN Tl-n OF~E • H'3EL5S"'5\E!!l~tq~ S'ELMO~E, P~
:!.! 1.R~· lty Dit'e Eat.i ~1181t , Tex~ 77840
WCL\HOA\RIVERPLAC MTCERT2009 Oa)
HONORABLE KAREH MCQUEEN r COUHTY CLER~. BRAZOS COUNTY
STATE OF TEXAS
COUNTY OF BRAZOS
MANAGEMENT CERTIFICATE
Doi: Bk Vol pg
01041578 OR 9317 152
This is a management certificate for RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non-profit corporation, filed pursuant to the requirements
of Section 209.004 of the Texas Property Code, on the date stated below.
1. The name of the Subdivision is RIVER PLACE.
2. The name of the Association is RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non-profit corporation.
3. The subdivision is described in the Final Plat of RIVER PLACE, recorded in Volume
3916, page 201, of the Official Records of Brazos County, Texas.
4. The Declaration of Covenants, Conditions and Restrictions for the subdivision is
· recorded in Volume 3933, page 184; Volume 4204, page 234; and Volume 4336,
page 10, all of the Official Records of Brazos County, Texas.
5. The mailing address and contact information for the Association at this ti'me is as
follows:
Bart Munro
Treasurer
7553 River Ridge Dr.
College Station, Texas 77845
Ronald Taylor
President
6984 River Place Ct.
College Station, Texas 77845
Charles Rathke
. Secretary
6992 River Place Ct.
College Station, Texas 77845
"· --'~----'--------,_11;::---.:_ _ _:_ ___ _.:.___;,,; ____ :-;..: ___ .... Iii:''-·---··--= . I 747254
Fi/rd for Rtcord Int IMlili aunr,
O:rr Jun 26128'!1 .t JJ1J~
RI a Rtcordinqs
lhcvlnt ..,,,,., #1.flZH
R1ount #.00
Rm/pt Nu1btr -1749SS By, J1/1t Htl/ty
Sim f IOI lllllY F I bmbr ttrll!J lhll ~II hrlr-.nl 1111 lllH a tat dill ml 1111 11-" hma bf 11 ., w iklr rmld h ~ 11la1 Dd fill' ,, tM lllld l'K'l'd! ,,,
Ml!ISIXOO'I,
II 11!.lpld illrtll bf II,
Jun 2612001
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07472
6. ROBO reserves the right to make minor deviations from the terms of this document to
the extent permissible by law and consistent with the general plan for development ns
herein set out, all without further action or consent by or from any party.
7.
8.
9.
The invalidity, violation, abandonment, waiver of or failure to enforce any one or
more of or any port of the provisions of this document shall in no way u!Tcct or impnir
the remnining provisions or ports thereof which shall remain in full force nnd effect.
ROBO, its successors and assigns, shall have the right to bring within the scheme of
this Dcclnrotion additional properties thereby subjecting such additional funds to this
Declaration, by filing of Record a Supplementary Declaration with respect to such
odtlltional property which shall extend the scheme of this Declaration to such
property. The ASSOCIATION sh all accept some to be owned and managed pursuant
to the terms and conditions of this Declaration.
Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration ns mny
be ncccsso.ry to reflect the different character, if any, of the added properties as arc
not inconsistent with the scheme of this Declaration. In no event, however, shall such
Supplementnry Declnrotion revoke, modify or odd to the covenants established by this
Declaration within the existing SUBDIVISION.
Dated thisJ£!f day of June, 2001.
ROBO INVESTMENTS, INC.
President
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the ~oy of June, 200 I, by
Robert S. Smith, President ofROBO Invcstmcnts, lne., on behalf of said corporation.
JEAH R£HEAU · J IM~£Xl'IRES
s.p1ent112a, 2001 .
AN FO THE ST A TE OF TEXAS
Ff'A Kl f?t: !It: A-k....
PRJNTED NAME OF NOTARY
MY coMM1sswN EXPIRES: q · ~ i-Joo I
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47254
maintain, repair, replace, remove or test nny part of the propane storage and
distribution system.
XII
MISCELLANEOUS PROVISIONS
1. The foregoing Rcslrlct/011s ore adopted os port of and shall apply to each and every
PARCEL in the SUBDIVISION. Such Rcstrlcllons ore equolly for the benefit of oil
subsequent OWNERS or PARCELS in IUVER PLACE II ond accordingly, shall be
covcnonts running with the land. Any OWNER or lienholder of any of the property
or the ASSOCIATION sholl hove the power to prosecute in the oppropriote court a
suit at low or in equity to prevent nny violation or otlcmpted violation of the
Restrictions nnd to recover damages for nny violation or attempted violation
including, but not limited to, reasonable nttomey's fees: provided, however that this
clause shall not restrict nny governmental agency from acting to enforce ony of the
Reslricllons. ·
2. The term of the Reslrlc//ons shnll be for n period from the filing of this instrument for
record in Brnzos County, Texas, until the J '1 day of July, A.D., 2011, oner which date
such Rcslrlc//ons shall be nutomaticnlly extended for such seccessive periods of ten
(I 0) ycors eoch, unless ond until, by instruments executed by the then record
OWNERS ofn majority of the PARCELS in RIVER PLACE II nnd duly recorded in
Official Records of Brazos County, Texas, such Restrlcfio11s ore nllercd, rescinded,
modified or changed, in whole or in port.
3. Nothing contained in this document or any violation of any of the Rcslrictlons shall
have the effect of impairing or affecting the rights of any mortgagee or trustee under
ony mortgage or deed of trust outstanding against of the SUBDIVISION or any
portion thereof.
4. Any and oil rights, powers and reservations of ROBO herein contained mny be
assigned to any person, corporation or association which will assume the duties
pcrtnining to the porticulnr rights, powers, and reservntions nssigned, and upon any
such person, corporation or associations' evidencing its consent in writing to accept
such assignment and assume such duties, he or it shall, to the extent of such
assignment, have the same rights and powers nnd be subject to the same obligations
and duties as ore given to nnd assumed by ROBO herein and ROBO shall thereafter
be released from any future liabilities. The term RODD as used in this document
includes all such assignees nnd their heirs, successors and assigns.
5. Every person who now or hereofier owns or acquires any right, title or interest in or to
any property in the SUBDIVISION is nnd shall be conclusively deemed to hove
consented and agreed to every covenant, condition, reservation and restriction
contained herein, whether or not any reference to this declaration is contained in this
instrument by which such person acquires an interest in the property.
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per annum. The ASSOCIATION moy bring nn nction at lnw againsl the OWNER or
member personally obligated to pay the same, or foreclose the lii:n against the
property. Any interest, costs, and reasonable attorney's fees of any such nclion will
be added to the nmount of such assessment. Each OWNER, by his ncccptnncc of a
deed loo LOT hereby expressly vests in the ASSOCIATION, or its agents the right
and power to bring nil actions agninst such OWNER personally for the collection of
such chnrges ns n debt nnd to enforce the aforesaid lien by nil methods nvailnblc for
the enforcement of such liens, including foreclosure by an action brought in the name
of the ASSOCIATION in n like mo.nncr as n mortgage or deed of trust lien on real
property and such OWNER hereby expressly grunts to the ASSOCIATION, a power
of sale in connection with said lien. The lien provided for in this section shall be in
favor of the ASSOCIATJON, shall be for the benefit of all other LOT OWNERS, nnd
shnll be exercisable by a Trustee lo be named or designated by the Board of Directors
of the ASSOCIATION. Any snle pursuant to this power shall be conducted in
accordance with the provisions of Article 3810 of the Texas Rc11/sC!d Civil Stall/cs
Annotated. The ASSOCIATION ac1ing on behalf of lhc LOT OWNERS shall have
the power to bid in an interest al foreclosure sale and lo acquire and hold, lease,
mortgnge, ond convey the property.
x
RE-SUBDIVISION
1. No Lot may be re-subdivided into smnller LOTS. This provision docs not apply to
nny renl property reserved by ROBO or to nny real property lhot may be developed as
n pnrt of the SUBDIVISION in the future under a common scheme or plan of
development.
XI
PROPANE PROVIDER
I. ROBO nnd the ASSOCIATION hereby grant AmeriGns the exclusive right to store
propnne in the SUBDIVISION in the nmounts AmeriGas deems appropriate,
including, without limitation, in Common Areas;
2. No propane tanks having a capacity in excess of 40 lbs. shall be permitted in the
SUBDIVISION, except for those provided by AmcriGas. This restriction is designed
for ncsthetic reasons and to minimize potentinl safety concerns associated with on-site
propane storage;
3. ROBO and the ASSOCIATION hereby grant such exclusive eascmcnlS as arc
depicted on the master pint plan nnd such other plans as arc necessary for, or required
by, AmeriGas, its affiliates and designecs, successors and assigns: (i) to provide u
propane storage nnd distribution system to transmit nmI deliver propane to individunl
units nnd lots, !llld to the Common Areas within the SUBDIVISION, nnd (ii) for the
introduction and storage of propane, which ensements shnll provide for twenty-four
(24) hour, 365 day n year access to all easement areas in order to service, install,
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47254
VII
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
I. In addition to the annual nssessments for maintenance charges authorized above, the
ASSOCIATION may levy in any assessment year, special nssessmcnts applicable to
that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, repair or replacement of n capital improvements upon
the COMMON AREA, including the necessary fixtures ond personal property related
thereto, provided that nny such assessment shall have the consent of a three-fourths
(3/4) majority of the votes of the members who arc voling in person or by proxy at a
meeting duly called for this purpose. Written notice of a meeting called for this
purpose shall be sent to all members not less than thirty (30) days or more than fifty
(50) days in advance of the meeting selling forth the purpose of the meeting und the
proposal to be voted on.
2. No special assessments for capital improvements shall be made under this provision
prior to the time when the membership of the Board of Directors of the
ASSOCIATION is determined by majority vote of the land OWNERS of record
subject lo the mnintcnance charge as hereinabove set forth.
J, The Special Assessments shall be payable by the OWNERS on the dates and terms as
may be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
VIII
SUBORDINATION OF THE LIEN TO MORTGAGES
I. The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure the payment of monies advanced and used for the purpose of purchasing
and/or improving such LOT. Sale or transfer of ony LOT or transfer of ony LOT
pursuant to a foreclosure under such purchase money or IMPROVEMENT,
mortgages or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of
such assessments as to the payments thereof which became due prior to such sale or
transfer. No sale or transfer shall relieve such LOT from liability for any assessments
thereafter becoming due or from the lien thereof. No cxtingliishment of the lien shall
relieve the delinquent LOT OWNER from his/her personal obligation and liability
therefor.
IX
EFFECT OF NON-PAYMENT OF ASSESSMENTS:
REMEDIES OF THE ASSOCIATION
I. Any assessments and charges which ore not paid when due ore considered delinquent.
If the assessment is not paid within thirty (JO) days after the due date, the assessment
shall bear interest from the date of the delinquency at the rote of twelve percent (12%)
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07472
0
(12%) per nnnum of the unpnid bnlnnee accruing from the dnte sni~ mnintenanee 4
chnrge became due and payable. The ASSOCIATION shall hnve the right to 2
evidence the existence of this lien by filing n sworn nnd acknowledged statement of 0
lien in the Office of the County Clerk of Brazos County, Texas, but the failure of the
ASSOCIATION to so file 11 stntemcnt of lien shall not affect the validity of the lien us 4
between the ASSOCIATION and the OWNER.
3. Purpose and Use of Mnlntcnnncc Fund. The mointennnce charge shall be used to (!)
pay "maintenance expenses" which shall include without limitation expenses incurred 0
for nny of the following purposes: lighting, constructing, improving nnd maintaining •"")
any rights of wny, casements, entry, streets, sidewnlks, paths, fences, lnkes, boat c:
launch, boot house, pork, po.rkways, stables, trncks, pools, lodge, esplnnndes, nnd nny 4
structures, facilities or nren which cnn be used by nll OWNERS which in the opinion 8
of the ASSOCIATION would benefit the SUBDIVISION as n whole; collecting nnd
disposing of garbage, ashes, rubbish nnd the like in said areas (other than gnrbagc,
ashes, rubbish, and the like from constructed residential dwellings), caring for vacant
PARCELS, employing wntchmen or any other action deemed desirable to protect
persons nnd property, payment of legal nnd oil other expenses in connection with the
operation of the AS80CIATION, and the enforcement of all recordccl charges,
restrictions, covenants, ai:recmcnts and conditions affecting property to which
maintenance 'charges apply, payment of nil expenses in connection with the collection
and administration of the muintenanec charges, and doing any other things necessary
and desirable in the opinion of the ASSOCIATION lo keep property neat and in good
order of which ii considers of general benefit to the SUBDIVISION. The net of 1he
ASSOCJATION nnd its expenditures of lhe Maintenance fund shnll be final so long
os it nets in good faith.
4. lncrcasc.!l or Rctlucllons to Annual Mnlntcnancc Charge. The ASSOCIATION
may increase or reduce the maintenance chnrgc from time to time by action applied
unifonnly to oil PARCELS in the SUBDIVISION ns provided below.
5. Assessments. From and aftcr2001, the ASSOCIATION'S Boord of Directors, ot its
next annual or special meeting nnd ot each nnnunl meeting thereafter, shall set the
amount of the monthly assessments for each year for each LOT, taking into
consideration the current maintenance costs nnd future needs of the ASSOCIATION;
except, however, the monthly assessments may not be increased in any one year by
more than twenty percent (20%) of the then existini: annual assessment, e:-<eept on the
nffinnotive vote of OWNERS entitled to cast two-thirds (213) of the votes of the
ASSOCIATION, in person or by proxy at a meeting duly called for such purposes.
6. Developer E:xcmptmcnt. ROBO shall not be liable or in any way responsible for the
payment of any maintenance charge provided for herein.
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47254
4. Membership. LOT ownership ond membership in the ASSOCIATION sholl be
inseparable. Transfer of o LOT outomoticolly transfers membership in the
ASSOCIATION ond all rights of the transferor with respect to the COMMON
AREAS ond facilities to which ownership of such LOT relates,
S. Addition!. If ROBO develops further acreage under a common scheme or plan
of development, as ROBO, the ASSOCIATION, may require such property
OWNERS to be members of the ASSOCIATION and they shall hove equal voting
rights therein on the same basis os OWNERS of property in this SUBDIVISION.
6. Additional Member. The ASSOCIATION shall have the right under conditions
ond stipulations to be adopted by its Board of Directors, to admit Associate
Members, who shall be entitled lo use of the COMMON AREAS, under rules nnd
regulations established by the Board of Directors, but shnll have no voting rights
in the affnirs of the ASSOCIATION. OWNERS of tracts or PARCELS of l1111d in
RIVER PJ,,ACE II shall be eligible for Associate Membership in the
ASSOCIATION.
VI
MAINTENANCE CHARGE
I. Creation of Annual Maintenance Charge. Each PARCEL in RIVER PLACE II, is
hereby subjected to annual maintenance charge of Three Hundred nnd no/IOO ($300)
Dollars per year, payable annually in advance by the OWNER of each PARCEL on
the first day of J1111uary of each year, beginning 2002 and each succeeding year
thereafter until terminated os provided below, lo the ASSOCIATION, its successors
and assigns, for the purpose of creating a fund described below, known os the
"Maintenance Fund," Where any PARCEL is owned by more th1111 one person or
entity, said maintenance charge shall be payable by oil such OWNERS, jointly and
severally. The maintenance charge shall be prorated between purchosers 1111d sellers
of PARCELS in the proportion that the remaining months of the calendar year bear to
the whole year. By acceptance of a deed or other instrument of conveyance, or by
any other cl11im of legal title to ony PARCEL or portion thereof, each OWNER agrees
nnd consents to the maintenance charge shall be paid for each year from 2002 through
2012 and shall be extended nulometically for successive periods of ten (IO) years
unless before 2012, or before the 31 '1 day of December of nny tenth year thereafter,
the Owners of record of 11 majority of the PARCELS in the SUBDIVISION vote to
discontinue such charge by wrillcn instrument which shall be signed and
acknowledged by the OWNERS of record of 11 1,10jority of the PARCELS and
recorded in the Official Records of Brazos County, Texas.
2. Liens. The ASSOC!A TION shall have a lien against any PARCEL for which 1hc
annual maintenance charge provided herein shull not be paid effective upon the
thirtieth (30111) day following the dnte said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintenance charge
then due, owing nnd unpaid plus an additional delinquency chnrge of twelve percent
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0747·
these Reslr/cllons, by reason of mistnke in judgement, negligence or nonfensance
nrising out of or in connection with the approval. or disapproval or failure to
approve any plans submitted. Every person who submits plans to the
COMMJTIEE for approval agrees by submission of such plans, and every
OWNER or lessee of any PARCEL within the property agrees, by acquiring title
thereto or interest therein, that he will not bring any action or suit against ROBO,
the members of the COMMITTEE, or its representatives, to recover any such
domogcs.
4. Al the option ofn majority of the COMMITIEE, all of the powers, rights, duties,
and responsibilities of said COMMITIEE may be transferred lo the
ASSOCIATION; in such event the ASSOCIATION shall appoint n representative
or representatives to pcrfonn nil functions of the COMMITTEE. Said
representative or reprcsenlntivcs shall be the successor of the COMMITIEE.
v
RIVER PLACE ASSOCIATION, INC.
I. Cnotion. The ASSOCIATION, a Texas non-profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas nnd with its
principal office located al 415 S. Graham Rood, College Station, Texos, 77845.
2. Incorporation. ROBO shall cause the ASSOCIATION to be incorporated, and
ROBO shall have the power lo elect oil members of the Boord of Directors and to
fill any vacancies occurring therein until ROBO has conveyed by deed, in the
aggregate, eighty percent (80%) of the LOTS in RJVER PLACE II, nnd ony
future acreage developed under a common scheme or plan of development by
ROBO, according to map or plat filed in the Official Records of Brazos County,
Texas. Once eighty percent (80%) of the LOTS have been so deeded, the
membership of the Boord of Directors shall be detennined by majority vote of the
lond OWNERS of record thnt are subject to a required maintenance charge
payable to the ASSOCIATION. TI1e voting shall be conducted according to rules
established by the Bylaws of the ASSOCIATION. ROBO may elect to transfer
power to elect Boord of Directors lo said record OWNERS at nny time.
J, Powers and Functions, The ASSOCIATION shall have powers nnd functions
provided by applicable law, its Articles ofrncorporation, its Bylmvs, as heretofore
or hereafter amended, respectively, and such other powers as set forth herein,
including without limillltion, at its option, the ril!ht to maintain streets, lakes,
utilities, recreational areas; to provide for garbage pickup (at a cost to the
individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, furnish power or gas for street lighting, maintain
esplanades, and other common areas; and to eslllblish rules and regulations for the
use of lakes, rivers, streets, nnd other SUBDIVISION facilities , specifically
erected and installed nnd designated to be controlled by the ASSOCIATION. The
ASSOCIA TlON shnll administer the Maintenance Fund hereinafter provided.
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747254
IV
ARCHITECTURAL CONTROL
I. There is hereby created the Architectural Control Committee which shall consist
of three (3) members. The initial Architectural Control Committee is composed
of:
Robert S. Smith
J. Fred Bayliss
John Schaffer
A majority of the Architectural Control Committee may designate representatives
to act for it. In the event of the. death or resignation or failure to serve by any
member of the COMMITTEE, the remaining members shall h11ve full authority to
designate a successor. Neither the members of the COMMITTEE nor its
appointed representatives shall be entitled to any compensation for services
rendered pursuant to this covenant. After ten (IO) years from the date of this
instrument, or at such earlier time as the majority of the COMMITTEE shall
detennine the power to designate members of the Architectural Control
Committee will automatically pass to the· Association. The COMMITTEE'S
approval or disapproval as required by the Restrfcllons shall be in writing.
2. No IMPROVEMENT of any kind shall be erected, placed or altered in the
exterior design aflcr being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, landscaping plans, or other plans,
specifications and plot plans showing the location and size of such
IMPROVEMENT has been submitted to the COMMITTEE, or its designated
representatives as to the harmony of external design with the existing structures
on PARCELS in the SUBDIVISION, as to type of exterior materials and exterior
paint colors, as to quality of workmanship and materials, and as to locations with
respect to topography and finished ground elevations, and compliance with all
applicable provisions of this document, and general compatibility within the
SUBDIVISION. IMPROVEMENTS used herein include, but are not limited to,
building(s), fences, towers, antennas, porches, decks, walls, swimming pools,
waler wells, playground equipment, outdoor cookins or eating facilities of a
pcrmnnent nature, docks, piers, barns, silos, cages, sheds, streets, alleys,
excnvations and other earth movements. The COMMITTEE may require n
reasonable fee for perfonning the functions herein prescribed and may disapprove
plans, specifications, designs, and plot plans for failure lo pay such fee. Such fees
shall be used by the COMMITIEE to discharge actual expenses incurred by the
COMMITTEE. Afler approval in writing has been given, the erecting, placing or
altering of the IMPROVEMENTS on any PARCEL shall be made only in
accordance with lhe approved plans, specifications and plot plans, unless
variations or changes arc nlso approved in the same manner.
3. Neither ROBO, nor the members of the COMMITTEE, representatives, and/or
their successors or assigns shall be liable in damages to anyone submitting plans
to I hem for approvnl, or to any OWNER or lessee of any PARCEL affected by
c'n4'1~ll t2
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07472-.
acquisition of n pnrcel of the SUBDIVISION hns been, or will be
reserved by third parties or predecessors iri title to the Pr~pcrty; and
IS. The COMMITIEE mny approve or disapprove, for nny reason or for
no reason, nt its sole discretion any item I through 14 above.
C. SPECIAL RESTIUCTIONS (LAKE LOTS AND THE USE Of. THE LAKE)
I. A Luke of npproximntely 24 ncres is renectcd on the Pint. However
ROBO makes no gunrantee ns lo the water level or clarity of the Lake.
ROBO reserves the right lo pump waler into or oul of lhc Lake ns ii so
chooses.
2. Any Piers or similar structures must be constructed so as to not
protrude more than ten feet (10') from property line or water line
whichever is closer; and
J. All piers or docks must be no more than one hundred (100) square feet
in size.
4 .. No septic tonks shall be located on nny PARCEL nearer to the back
property line thnn 120 feet.
S. No boat with more lhnn n 9 horse power molar shall be allowcrl onto
the Jake except one designated tournament ski boat (owned by ROBO)
nnd approved by the Notional Water Ski Association ("NWSA").
Hours of operation of said bont arc limited to Mondny-Sunday 9:00
a.m. lo dW'k. In addition, ROBO reserves the right to pince further
restrictions regnrding the use of snid boot ns it deems necessary.
Additionally ROBO shall be pennillcd to form n Water Ski Club and
shall have the power and right to cstnblish the rules, regulations, and
dues for said club.
6. No floating objects of nny type shall be secured to any structure on lake
other than the owners pier or dock. Nor shall any floating object be
anchored in the lake.
7. The property of ench lot on the lnke may hove n portion covered by
waler from time lo time. The shore line and property line ore not one
and the same,
8. Owner shall establish a gross lawn by means of sodding or blanket
seeding from the house occupying the lot down to the bulk heading at
the edge of the lake and shall mow and mnint11in said area in
conjunction with the rest of the Lot. Owner shall also be responsible
for keeping bench area between the bulkhcndings and lake free of
debris nnd trash.
II
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mowed such thnl grass docs not exceed I 0 inches in height. If n lot is
not in compliance with this regulation, ROBO or the association mny
mow the premises ond bill !he lot owner for the cost thereof. Soid bill
will be deemed odditlonol Assessments nnd failure to pny such bill
shall be governed by Article VI Pnrogmph 2 nnd Article IX.
7. All front ynrds of cnch LOT in SUBDIVISION must be irrigated. All
backyards of lake front LOTS must be irrigated.
8. Aller commencement of construction of nny structure or
IMPROVEMENT, the work thereon shall be diligently prosecuted to
the end and the structure or IMPROVEMENT shall not remain in n
portly finished condition nny longer than reasonably necessary for
completion thereof;
9. All construction projects shall be completed within 18 months of the
setting of the forms for the foundation. Aller such time, nil tractors,
trailer, nnd offices must be immediately removed.
10. All fencing within one hundred feet (100') of nny rood in the
SUODIVIS10N, running parallel to the right of way of such road or
substantially pnrollel thereto, shall be of such size, design, material and
color as is specificntly approved by the COMMITTEE. Visible front
fencing shall be eonst111eted of cedar or any material approved by
COMMITIEE. In the event LOT OWNER paints said fence, LOT
OWNER shall maintain fence;
11 . No net mny be performed which is likely to pollute the nir or water in
nny part of the SUBDIVISION, nor mny nny property OWNER violate
any ordinnncc designed lo eliminate pollution nt thnt time in force
whether it be Stale, County or City;
12. No firearms or fireworks may be discharged in the SUBDIV1SION or
on any PARCEL, easement or common nrca;
I J. Representatives of ROBO, the ASSOCIATION, or the COMMITIEE
may from time lo lime at nny reasonable hour, enter and inspect any
purt of the SUBDIVISION lo ascertain complinnce with this document
or any amendments hereto;
14. No oil or gas drilling, development, relining, quarrying or mining
operations of any kind shall be permitted on uny LOT, nor shall nny
tonks, tunnels, mineral excavations or shalls be permitted on nny LOT.
No derrick or other structures designed for use In boring or drilling for
oil, natural gns, or other minerals shall be erected, muintnined or
permitted on any LOT save o.nd excepl exlsling locations at time of
pint approval. Notwithstanding the foregoing, each OWNER, by its
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07472~
purposes. Ench PARCEL shall be allowed one animal unit (nu) every
one (I) acre or fraction of nn acre. No LOT shall hnvc more than 12
animal units, regardless of size of acreage. One nnimnl unit (nu) is
defined as:
I cow
I horse
I dog or cat
I nu
I nu
VJ au (Maximum 4 dogs or cats)
There will be no swine, chickens, ducks, geese, goats, or sheep
allowed on any PARCEL within the SUBDIVISION. There will be no
wild exotic, or m1turally undomesticated animals allowed to be caged
or otherwise kept on any PARCEL within the SUBDIVISION. All
dogs shall be kept on leash, penned, and/or confined to the OWNERS
property. No dogs shall be allowed to run loose;
4. No sign(s), except sign(s) advertising property for sale and/or rent (not
exceeding five (5) square feet in size; advertisement billboard, and/or
advertising structure of any kind may b~ erected or maintained on any
PARCEL without the consent in writing of the COMMITTEE, ROBO,
or members of the COMMITTEE shall have the right to enter and
remove any such signs), advertisement and/or billboard and/or
structure which is placed on any PARCEL without said consent, and in
so doing, shall not be liable and is expressly relieved from any liability
for trespass or other sort in connection therewith, or arising from such
removal;
5. No part of the SUBDIVISION shall be used or maintained as dumping
grounds for rubbish, trash, or garbage. Equipment for the storage or
disposal of such mnterial(s) shnll be kept in n clean and sanitary
condition. No trailer(s); recreational vehicle(s); tenl(s); boal(s); and/or
stripped down, wrecked, junked, or otherwise wholly inoperable
vehicle shall be kept, parked, stored, and/or maintained on any portion
of the driveway and/or front yard in front of the building line of the
permanent structure. Same shall be kept, parked, stored, or maintained
on other portions of n LOT only within an enclosed structure or a
screened area which prevents the view thereof from adjacent LOTS or
streets. No dismantling or assembling of motor vehicles, boots,
lfDilers, recreational vehicles, or other machinery or equipment shall
be pcnnilled in nny driveway or yard adjacent lo a slrect;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds,
or other unsightly objects on their PARCELS or on the easements or
on the alley or the streets abulling the same. Each OWNER shall be
responsible for proper disposition of his/her trash or gn.rbagc.
OWNERS shnll keep the drainage casements free of obstructions.
Each lot must be mnintnined in an 11csthetic111ly pleasing fashion and
9
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747254
placed within lhc building lines us eslobllshed obovc. At the
completion of lhc building or IMPROVEMENT excess or scrop
molcriol must be immcdiolcly removed from the premises;
16. No stumps, trees, underbrush, refuge of ony kind, oncl/or scrop moteriol
from IMPROVEMENTS being creeled on ony PARCEL shall be
placed on ony other PARCEL, or on streets or eosemcnls;
17. Exposed openings rcsulling from ony excavation mode of ony
PARCEL shall be bock filled ond lhc disturbed ground shall be leveled
ond reseeded with fiber mulch, blanket seeding, or sodding. No
change of elevation on ony PARCEL greater lhan five feet {5') shall be
mode wilhoul prioropprovol of the COMMIITEE;
18. No residential dwelling shall be built wilhou1 n Stole of Texas
approved septic tank or other sewage disposal system lhal is so
npproved; nnd
19. Mailboxes shall be erected nnd mainlnincd on eoch LOT upon which n
residence is situated, om! shall be fixed on masonry stanchions
(columns}, approved by lhe COMMIITEE. No mctol or wood post
stands are pcrmillcd. Eneh mailbox shall be new when installed,
constructed of durable steel or aluminum, ond of size and shape
conforming lo postal authority standards for single family residential
postal depositories. Mailboxes shall be locntcd in occordonce with
postal regulations; ond
20. Sixty percent (60%) of npplinnces with the option of gas or cleclric
operation must be gos; nnd
21. The COMMIITEE moy approve or disapprove, for ony reason or no
reason, 111 its sole discretion ony item l-20 above
D. GENERAL RESTRICTIONS
n.41~t l\
I. No noxious or o!Tensivc trodc or activity shall be carried on upon ony
PARCEL nor shall anything be done thereon which moy be or become
on onnoyoncc or nuisance to lhe neighborhood;
2. No "commercial nctivity" of nny kind shall be conducted on ony LOT
within that portion of the SUBDIVISION affected by this dccloration.
''Commercial Activity" shall include but not be limited to, the offering
for sale of any product or service, the mnnufoclure or growth of any
product for purposes of sale without regard to whether such activities
arc conducted in or from residential dwellings or otherwise;
3. No 1U1imols, livestock, or poultry of ony kind shall be raised, bred,
ll/lcl/or kept on any LOT within the SUBDIVISION for commercial
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contact with dedicated roads, streets or private driveway within the
Property; ·
9, All driveways shnll be constructed of concrete or nsphnlt. No gravel
rock, limestone, dirt, or other fonns ofmaterinls shnll be permitted.
10. The COMMITIEE shall hnvc the right to approve the location of any
tank used or proposed in connection with n single family residential
structure, including tanks for storage of fuel, water, oil or Liquid
Petroleum Gas "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 ns not to be visible from uny
other portion of the Property;
11 . Only one single family dwelling and appurtenances thereto, such as
gnmgcs and barns, may be plnced or constructed on each of the
PARCELS ns platted ns of the RECORDING DATE. No tent, shnck
or other temporary building, IMPROVEMENT or structure shall be
placed upon the Property without the prior written approval of the
COMMITIEE; provided however, that the COMMITIEE may
. maintain or authorize temporary structures necessary for storage of
tools and equipment, and for office space for architects, buildings and
foremen on the Property <luring any period of actunl construction,
which nuthoriz.ntion, if given, shnll include the nature, size, duration
nnd location of such structure or structures;
12. No Eighteen (18) Wheel Tractor Trailer Trucks shall be allowed to
pork in the subdivision or on any Lot.
13. No builping or structure, except fences, sh111l be located on uny
PARCEL nearer to the front property line than fif\y feet (SO'), or
nearer to either side of the property line thnn twenty-five feet (2S'), or
nearer to the back property line than lif\y feet (SO');
14. Dminnge structures where required under private driveways shnll have
a net drainage opening area of sufficient size to permit the free flow of
water without bnck water, and shall be a minimum of eighteen ( 18)
inch diameter pipe culvert or such lnrger diameter as the
COMMITIEE shall require. Additionally the pipe shall hnve a
6 to 1 slope as extended beginning nt the exposed portion of the pipe to
the end thereof. Austin Stone or stone resembling Austin Stone as
used on entrance to subdivision shnll be used to concenl all portions of
exposed pipe.
IS. No building materials of any kind or character shnll be placed or stored
on any PARCEL more than thirty (30) days prior to construction of n
building or IMPROVEMENTS are commenced. All materials shall be
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STATE OF TEXAS
COUNTY OF BRAZOS
MANAGEMENT CERTIFICATE
Ooc Bk Vol pg
01041 578 OR 9317 152
This is a management certificate for RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non-profit corporation, filed pursuant to the requirements
of Section 209.004 of the Texas Property Code, on the date stated below.
1. The name of the Subdivision is RIVER PLACE.
2. The name of the Association is RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC., a Texas non-profit corporation.
3. The subdivision is described in the Final Plat of RIVER PLACE, recorded in Volume
3916, page 201, of the Official Records of Brazos County, Texas.
4. The Declaration of Covenants, Conditions and Restrictions for the subdivision is
· recorded in Volume 3933, page 184; Volume 4204, page 234; and Volume 4336,
page 10, all of the Official Records of Brazos County, Texas.
5. The mailing address and contact information for the Association at this tfme is as
follows:
Bart Munro
Treasurer
7553 River Ridge Dr.
College Station, Texas 77845
Ronald Taylor
President
6984 River Place Ct.
College Station, Texas 77845
Charles Rathke
. Secretary
6992 River Place Ct.
College Station, Texas 77845
"
Doc Bk Vol pg 010,1578 OR 9317 153
7t:tt s~ Dated the I day of __ ~-'-----· 2009.
STATE OF TEXAS
COUNTY OF BRAZOS
BY:
RIVER PLACE PROPERTY OWNERS'
ASSOCIATION, INC.
Bart Munro, Treasurer
ument was acknowledged before me on the \J day of
....i.-a...q.i:4-V1-1--X~..1...-· 2009 by Bart Munro, Treasurer of RIVER PLACE PROPERTY
RS' ASSOCIATION, INC., on behalf of said corporation and in the capacity therein
stated.
RECORDING PAID FOR BY: HLE 070447
AFTER RECORDING RETURN TO:
MANAGEMENT CERTIFICATE
~WLQVl~
Notary Public, State of Texas
Filed ror Record in: BRAZOS COUNTY
On: Sep 17r2009 at 0':03P
As a Recordin!ls
Oocu•ent Hualber:
A1ount
010H578
15.00
ReceiPt Hu1ber -37,715
BY1 CYnth i o. R i neon
STATE OF TEXA~ COUNTY OF BRAZOS
. I hereb~ certify tho.t this i nstrt1tent was riled On the date and tiltt!! stO.MPed hereon by Me
and wo.s duly recordeJin the volUl!e o.nd Po.'e of the Official Publi records of:
BRAZOS DUHTY
PR!;f-,....R~ IN Tl-H OF!i:fCE . H~EL5S'1Aelll~tq~ !tELMO~E, P~ ~ 1.ft~· lty D~e Eaii 1.50118. , Texai 77840
WCL\HOA\RIVERPLAC MTCERT2009 Oa)
HONORABLE KAREH MCQUEEN r COUHTY CLER~. BRAZOS COUNTY
,--.r~
MEMORANDUM
DATE: December 9, 2014
TO: Bart Munro, via USPS; 7553 River Ridge Drive, College Station TX, 77845
FROM: Rachel Lazo, Planning Tech
SUBJECT: RIVER PLACE PH 1 LOT 30-R, BLK 1 (MP)
Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff
review comments detailing items that need to be addressed.
One (1) 24"x36" copy of the revised final plat;
New certified tax certificates submitted prior to the filing of the final plat;
One (1) copy of the digital file of the final plat on diskette or e-mail to
pdsdigitalsubmittal@cstx.gov; and
The Mylar original of the revised final plat with the owner and County Judge's
signatures (will be required after the County's approval).
Upon receipt of the required documents, your project will be considered formally filed with the
City of College Station. Please note that this application will expire in 90 days from the date of
this memo, if the applicant has not provided written response comments and revised documents
to the Administrator that seek to address the staff review comments contained herein.
Please note that a Mylar original of the revised final plat will be required after Staff approval
approval and prior to the filing of the plat. If you have any questions or need additional
information , please call me at (979) 764-3570.
Attachments: Staff Review Comments
PC: Alan Munger, Brazos County, via email at RAMunger@brazoscountytx.gov
McClure & Browne Engineering/Surveying Inc., via; kevinm@mcclurebrowne.com
P&DS Project No. 14-00900284
Planning & .Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE ·COLLEGE STi\TTON ·TEXAS • 77842
TEL. 979.764.3570 ·FAX. 979.764.3496
cst><.gov/devservices
,,,
STAFF REVIEW COMMENTS NO. 1
Project: RIVER PLACE PH 1 LOT 30-R, BLK 1 (MP) -14-00900284
PLANNING
1. Please note that you, the applicant, are responsible for scheduling the plat for
consideration by the County Commissioner's Court and for getting the County Judge's
signature on the Mylar after they approve the plat.
2. Please note that any changes made to the plans which have not been requested by the
City of College Station must be explained in your next transmittal letter.
Reviewed by: Rachel Lazo Date: December 8, 2014
BRAZOS COUNTY
1. Indicate City of College Station City Limits on Vicinity Map.
2. All development within the 100-year floodplain shall comply with all applicable
orders and regulations, including but not limited to Brazos County's "Flood
Damage Prevention Order." A floodplain development permit shall be obtained
from the County Engineer's Office prior to the construction of any structure(s)
within the floodplain.
3. Remove reference to Base Flood Elevation in Note 2. BFE's within a Zone A are
subject to revision due to current best available information.
4. Provide Letter of Concurrence from Brazos County 911 that new addressing has
been provided. (contact Mitchell Reeves)
5. Provide a completed Brazos County Plat Application to this department.
6. Title Block information may need to be indicative of an Amending Plat rather than
a Replat.
Reviewed by: Alan Munger Date: December 1, 2014
ENGINEERING COMMENTS NO. 1
1. Please tie property to a city of College Station horizontal control monument.
2. The metes & bound does not close.
Reviewed by: Kevin Ferrer Date: December 4, 2014
FIRE
1. No comments at this time
Reviewed by: Steve Smith Date: December 9, 2014
NOTE : Any changes made to th e plans, that have not been requested by the City of CoUege Station, must be explained in your next
transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the
City, will constitute a completely new review. Page 2 of 2
-
................... __________ ~CITY OF COUEGE STATIONI ___________ ................ ..
Home ofTexasA&M University• ""'
MEMORANDUM
DATE: November 24, 2014
TO: Bart Munro, via USPS; 7553 River Ridge Drive, College Station TX, 77845
FROM: Rachel Lazo , Planning Technician
SUBJECT: RIVER PLACE PH 1 LOT 30-R, BLK 1 (MP)
Thank you for the submittal of your Final Plat -Minor or Amending application. Kevin Ferrer,
Graduate Engineer I, and I have been assigned to review this project. It is anticipated that the
review will be completed and any staff comments returned to you on or before Wednesday,
December 10, 2014. If you have questions in the meantime, please feel free to contact us.
PC: McClure & Browne Engineering/Surveying Inc., via ; kevinm@mcclurebrowne.com
P&DS Project No . 14-00900284
Planning & Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION ·TEXAS • 77842
TEL. 979.764.3570 ·FAX. 979.764.3496
cst>1.gov/devservices
CITY or COLLEGE STATIO
Home o/Texas A&M University'
FOR OFFICE USE ONLY
CASE NO. IY -2 ~1
DATE SUBMITIED: 0:::3· Z.S • \ 5
TIME: \ \·. {-{S
STAFF: f\_:f
PLANNING & DEVELOPMENT SERVICES
TRANS MITT AL LETTER
Please check one of the options below to clearly define the purpose of your submittal.
D New Project Submittal
D Incomplete Project Submittal -documents needed to complete an application. Case No .:
Existing Project Submittal. Case No .: 14-00900284
Project Name River Place Ph. 1 Lot 30-R, Blk 1 (MP)
Contact Name Kevin McClure
~~~~~~~~~~~~~~~-
Phone Number 979.693.3838
~~~~~~~~~~~~~~
We are transmitting the following for Planning & Development Services to review and comment (check all that app ly):
D Comprehensive Plan Amendment
D Rezoning Application
D Conditional Use Permit
D Preliminary Plan
[8] Final Plat
D Development Plat
D Site Plan
D Special District Site Plan
D Special District Building I Sign
D Landscape Plan
D Non-Residential Architectural Standards
D Irrigation Plan
D Variance Request
D Development Permit
D Development Exaction Appeal
D FEMA CLOMA/CLOMR/LOMA/LOMR
D Grading Plan
IRJ Other -Please specify below
Mylar and Tax Certificates
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
D Comprehensive Plan Amendment D Waterline Construction Documents
D TxDOT Driveway Permit D Sewerline Construction Documents
D TxDOT Utility Permit D Street Construction Documents
D Drainage Letter or Report D Easement Application
D Fire Flow Analysis D Other -Please specify
Special Instructions:
10/10 Print Form
CITY OF C OLLEGE STATION
Home a/Texas A&M University"
FOR OFFICE USE ONLY
CASE NO.: \ =1 -2--'6Y
DATE SUBMITTEDj 2-\ \j no I
TIME: 2J·. \S
STAFF: P\j' -1--1..£~~~~~~~-
PLANNING & DEVELOPMENT SERVICES
TRANSMITTAL LETTER
Please check one of the options below to clearly define the purpose of your submittal.
D New Project Submittal
D Incomplete Project Submittal -documents needed to complete an application. Case No.:
Existing Project Submittal. Case No.: 14-00900284
Project Name River Place Ph 1 Lot 30-R, Blk 1 (MP)
Contact Name Kevin R. McClure
~~~~~~~~~-
Phone Number 979.693.3838
~~~~~~~~~~~~~~
We are transmitting the following for Planning & Development Services to review and comment (check all that apply):
D Comprehensive Plan Amendment
D Rezoning Application
D Conditional Use Permit
D Preliminary Plan
[g] Final Plat
D Development Plat
D Site Plan
D Special District Site Plan
D Special District Building I Sign
D Landscape Plan
D Non-Residential Architectural Standards
D Irrigation Plan
D Variance Request
D Development Permit
D Development Exaction Appeal
D FEMA CLOMA/CLOMR/LOMA/LOMR
D Grading Plan
[g] Other -Please specify below
Response letter.
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
D Comprehensive Plan Amendment D Waterline Construction Documents
D TxDOT Driveway Permit D Sewerline Construction Documents
D TxDOT Utility Permit D Street Construction Documents
D Drainage Letter or Report D Easement Application
D Fire Flow Analysis D Other -Please specify
Special Instructions:
10/10 Print Form J
' , f
' FOR OFFICE USE ONLY
CASE NO.:
DATE SUBMITTED: _____ _
CITY OF COLLEGE STAT ION
Home o/Ttxai Ad-M University•
TIME:
STAFF:
ABANDONMENT OF PUBLIC
RIGHT-OF-WAY/EASEMENT APPLICATION
-e-f".:::J MINIMUM SUBMITTAL REQUIREMENTS:
~ $700 Abandonment of Public Right-of-Way/Easement Application Fee.
[g] Application completed in full. This application form provided by the City of College Station must be used
and may not be adjusted or altered. Please attach pages if additional information is provided.
[g] All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
[g] Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate
current within ninety (9 0) days. The report must include applicable information such as ownership, liens,
encumbrances, etc.
0 For unplatted property, a signed , sealed and dated metes and bounds description and a diagram of the
property showing the location of the abandonment.
[g] For platted property, a copy of the plat showing the lot, block, subdivision, and recording information.
LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description):
Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Kevin McClure E-mail Kevinm@mcclurebrowne.com
Street Address 1008 Woodcreek Drive
City College Station State Texas Zip Code _7_78_4_5 ____ _
Phone Number 979.693.3838 Fax Number 979.693.2554 -------------------------------~
PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple
owners):
Name Bart Munro E-mail
Street Address: 7553 River Ridge Drive
City College Station State Texas Zip Code 77845 -------
Phone Number 979.690.1229 Fax Number 979.846.8252 -----------------
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true
and correct. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this
application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all
owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied
by proof of authority for the company's representative to sign the application on its behalf
1/-107-l't
Date
'10 Page 1 of 8
/
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly
described in Exhibit No. 1, attached. In support of this application , the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses,
and damages that may arise or grow out of such abandonment.
2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned,
prepared by a Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/
easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the
abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together
with the record owners of such lots.
4. Attached, marked Exhibit No . 3, is the consent of all public utilities to the abandonment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so
state)
Street Address
City State _________ Zip Code ______ _
Reason consent was not obtained:
If objecting, points of objection:
Name E-mail ----------------------------
Street Address
City State __________ Zip Code
Reason consent was not obtained:
If objecting, points of objection:
Name ____________________________ E-mail __________ _
Street Address
City State _________ Zip Code
Reason consent was not obtained:
If objecting, points of objection:
10/10 Page 2 of 8
7. That the abandonment will not result in property that does not have access to public roadways or utilities because:
There is an existing public utility easement around the perimeter of both lots.
8. That there is no current public need or use for the easement or right-of-way because:
There are no utilities within the easement.
9. That there is no anticipated future public need or use for the easement or right-of-way because:
There is an existing public utility easement around the perimeter of both lots.
10. That all public utilities have access to serve current and future customers because:
There is an existing public utility easement around the perimeter of both lots.
11 . Such public right-of-way/easement has been and is being used as follows:
IThe easement ;s not be;ng used
I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief.
LP~ V.P.~ev£v1NC:
Signature and title
STATE OF TEXAS
COUTY OF BRAZOS
§
§
§
ACKNOWLEDGEMENT
Subscribed and sw~jl}to before me, a Notary Public, this 24 /:J day of AJ 0 {/ F-111/ ~/L.
JC/SI/IA/ f?. rneCLtJJ!E .
10/10 Page 3 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location : Common lot line between Lots 30 and 31 , Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 1
Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned .
10/10 Page 4 of 8
FIELD NOTES
0.0777 ACRES OUT OF
LOT 30, BLOCK 1
RIVER PLACE SUBDIVISION, PHASE ONE
Being all that certain tract or parcel of land lying and being situated in the JAMES HOPE SURVEY,
Abstract o. 22, Brazos County, Texas and being part of Lot 30, Block 1 according to the final plat of
RIVER PLACE SUBDIVISION, PHASE ONE recorded in Volume 3916, Page 201 of the Official
Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and
bounds as follows:
COMMENCING: at a found 1/2-inch iron rod marking the common most westerly comer of said Lot 30
and Lot 31 , Block 1 of said RIVER PLACE SUBDIVISION, PHASE ONE and being in the northeast
right-of-way line of River Ridge Drive (based on a 90-foot width at this location), from whence a found
1/2-inch iron rod marking the south comer of said Lot 31bearsS25° 06' 29" Eat a distance of227.91
feet for reference;
THE CE: 61 ° 39' 43" E along the common line of said lots for a distance of 26.04 feet to the POINT
OF BEGINNING;
THENCE: through the interior of said Lot 30 for the following three (3) calls:
1) N 25° 06' 26" W for a distance of 10.02 feet for comer,
2) N 61 ° 39' 43" E for a distance of340.13 feet for comer, and
3) S 07° 14' 29" E for a distance of 10.72 feet for comer, from whence a found 112-inch iron rod
marking the common most easterly comer of said Lots 30 and 31 , Block 1 and being in the
southwest line of the 23.305 acre River Place Lake-R according to the final plat of RIVER
PLACE SUBDIVISION PHASE TWO recorded in Volume 10938, Page 86 (O .R.B.C.) bears
N 61 ° 39' 43" Eat a distance of 10.02 feet for reference;
THENCE: S 61 ° 39' 43" W along the before-said common line for a distance of 336.83 feet to the
POINT OF BEGINNING and containing 0.0777 acres (3 ,384.8 sq. ft.) of land, more or less, according
to a survey made on the ground under the supervision of Kevin R. McClure, Registered Professional
Land Surveyor, State of Texas, o. 5650, on November, 2014.
_,,. ..
FIELD NOTES
0.0773 ACRES OUT OF
LOT 31, BLOCK 1
RIVER PLACE SUBDIVISION, PHASE ONE
Being all that certain tract or parcel of land lying and being situated in the JAMES HOPE SURVEY,
Abstract o. 22 , Brazos County, Texas and being part of Lot 31 , Block 1 according to the final plat of
RIVER PLACE SUBDIVISION, PHASE 0 E recorded in Volume 3916, Page 201 of the Official
Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and
bounds as follows:
COMMENCING: at a found 1/2-inch iron rod marking the common most westerly comer of said Lot 31
and Lot 30 , Block 1 of said RIVER PLACE SUBDIVISION, PHASE ONE and being in the northeast
right-of-way line of River Ridge Drive (based on a 90-foot width at this location), from whence a found
1/2-inch iron rod marking the south comer of said Lot 31 bears S 25° 06' 29" E at a distance of 227.91
feet for reference;
THENCE: N 61 ° 39' 43" E along the common line of said lots for a distance of 26.04 feet to the POINT
OF BEGINNING;
THENCE: N 61 ° 39' 43" E continuing along said common line for a distance of 336.83 feet for comer,
from whence a found 1/2-inch iron rod marking the common most easterly comer of said Lots 30 and
31 , Block 1 and being in the southwest line of the 23.305 acre River Place Lake-R according to the final
plat of RIVER PLACE SUBDIVISION PHASE TWO recorded in Volume 10938, Page 86 (O.R.B.C.)
bears N 61 ° 3 9' 4 3" E at a distance of 10. 02 feet for reference;
THENCE: through the interior of said Lot 31 for the following three (3 ) calls:
1) S 24° 33' 21" E for a distance of 10.02 feet for comer;
2) S 61 ° 39' 43" W for a distance of 336.74 feet for comer,
3) N 25° 06' 26" W for a distance of 10.02 feet to the POINT OF BEGINNING and containing
0.0773 acres (3 ,367.8 sq. ft.) of land, more or less, according to a survey made on the ground
under the supervision of Kevin R. McClure, egistered Professional Land Surveyor, State of
Texas, No. 5650, ovember, 2014.
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective
franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned
in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion
thereof.
ATMOS ENERGY
VERIZON TELEPHONE COMPANY
By:
Title: ------------------
SUDDENLINK COMMUNICATIONS
By:
Title: ------------------
BRYAN TEXAS UTILITIES
By:
Title: ------------------
10/10 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective
franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned
in the Appllcalfon for Abandonment above referred to, do hereby consent lo the abandonment of the described portion
thereof.
ATMOS ENERGY
By:
Title: ------------------
VERIZON TELEPHONE COMPANY
By:
Title: ~~"""'~J.J.;......:t.4_.L..-"""'"-"'""'-"'-..J....<::---'-__,,<........!~~~
SUDDENLINK COMMUNICATIONS
By:
Tille: ------------------
BRYAN TEXAS UTILITIES
By:
Title: ------------------
10/10 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31 , Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 2
Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-
mentioned application , showing the surrounding area to the nearest streets in all directions, abutting lots, the block or
blocks in which the portion of the public right-of-way/easement sought to be vacated is situated , and the addition or
subdivision in wh ich the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names
of record owners of the abutting lots are shown.
10/10 Page 5 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective
franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned
in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion
thereof.
ATMOS ENERGY
By:
Title: ------------------
VERIZON TELEPHONE COMPANY
By :
Title: ------------------
SUDDENLINK COMMUNICATIONS
By ~~~
BRYAN TEXAS UTILITIES
By:
Title: ------------------
10f10 Page 6of8
Application for Abandonment of
a Public Right-of-Way/Easement
location: Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective
franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned
In the Appllcatlon for Abandonment above referred to, do hereby consent to the abandonment of the described portion
thereof.
10/10
ATMOS ENERGY
By:
Title: ------------------
VERIZON TELEPHONE COMPANY
By:
Title: ------------------
SUDDENLINK COMMUNICATIONS
By:
Title: ------------------
BRYAN TE.:An= fl. -
By: _J;/(, /~
Title: ~ Jt-<.r 1 ~(}'
Page 6 of 8
RE: Ea sement Abandonment for Res· tial Lot in River Place file:// /F:/1 -Miscellaneous/0278 -River Place Replat Lots ...
1 of2
Subject: RE: Easement Abandonment for Residential Lot in River Place
From: "Stephen Cast" <wsud.sc@verizon.net>
Date: 11/18/2014 10:22 AM
To: "'Kevin McClure"' <kevinm@mcclurebrowne.com>
Kevin,
Wellborn Special Utility District reviewed the proposed replat of Lots 30 and Lots 31 and approves the
removal of existing easement.
Stephen Cast
General Manager
Wellborn Special Utility District
From: Kevin McClure [mailto:kevinm@mcclurebrowne.com]
Sent: Tuesday, November 18, 2014 10:11 AM
To: Stephen Cast
Subject: Fwd: Easement Abandonment for Residential Lot in River Place
Mr. Cast, I am following up the email I sent last week and making sure you received it and to see if you had a
chance to look at it.
Thank you for your help!
Kevin R. McClure, R.P.L.S.
McClure & Browne Engineering/Surveying Inc.
www.mcclurebrowne.com
979.693.3838
--------Original Message--------
Subject:Easement Abandonment for Residentia l Lot in River Place
Date:Wed, 12 Nov 2014 08:24:42 -0600
From:Kevin McClure <kevinm@mcclurebrowne.com>
To:Stephen Cast <wsud.sc@verizon.net>
Stephen Cast,
I am in the process of preparing a Replat for Lots 30 and 31, Block 1 of RIVER PLACE SUBDIVISION
PHASE ONE in which we will be removing the property line between these two lots .. As a result, the
standard 20' wide public utility easement centered on the property line will be removed. Please refer to
the attached exhibits for the location of the Replat, the existing plat conditions and the proposed
changes. The City of College Station is requiring that we notify you of our plans and obtain an email of
your acceptance of the proposed Rep lat, primarily as verification that you have no facilities located in the
easement.
11/23/201410:24 AM
. . .
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31, Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for
Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station
ordinances and with respect to present and future needs of the City of College Station and see no objection to the
requested abandonment from the City's standpoint.
10/10
City Engineer
City of College Station
Zoning Official
City of College Station
Electric Department
City of College Station
Public Works Director
City of College Station
Building Official
City of College Station
Fire Marshal
City of College Station
Water Services Department
City of College Station
Page 7 of 8
..
Application for Abandonment of
a Public Right-of-Way/Easement
Location: Common lot line between Lots 30 and 31 , Block 1 RIVER PLACE SUBDIVISION PHASE ONE
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described
in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby co nsent to such
abandonment.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS :
10/10 Page 8 of 8
N
t
Zoning Districts
R
E
RS
GS
R-19
D
T
Rural
Estate
Restricted Suburban
General Suburban
Single Family Residential
Duplex
1i own house
R-4
R-6
MHP
0
SC
GC
Cl
BP vr DEVELOPMENT REVIEW
\
Multi-Fam liy
High Density Multi-Family
Manufactured Home Park
Office
Suburban Commercial
General Commercial
Commercial-Industrial
Business Park
BPI
NAP
C-3
M-1
M-2
C-U
R&D
P-MUD
' \
' ' \
\
I
/
Business Park Industrial
Natural Areas Protected
Light Commercial
Light Industrial
Heavy Industrial
College and University
Research and Development
Planned Mixed-Use Development
\
-
RIVER PLACE SUBDIVISION Case:
14-284
-
POD
WPC
NG-1
NG-2
NG-3
ov
ROD
KO
u
GI u .,,
ii: I .. !Ii i2
I
/ -200FT Notification
Planned Development District
Wolf Pen Creek Dev. Corridor
Core Northgate
Transitional Northgate
Residential Northgate
Corridor Overlay
Redevelopment District
Krenek Tap Overlay
MINOR PLAT
vr DEVELOPMENT REVIEW
RIVER PLACE SUBDIVISION Case:
14-284
MINOR PLAT
1/20/2015
CLOSES
KF
Scale = 1: 146 (Feet)
1 S 1° 38' 10" E 241 .80
2 S 24° 33' 21 " E 187.90
3 s 59° 47' 03" w 371 .97
4 N 25° 06' 26" W 227.91
5 N64°53'34"E10
8
4
-......__-
2
6 N 25° 06' 26" W 99.09
7 N 22° 51' 08" W, ch 75.13, r 955 R
8 N 59° 47' 03" E 457.47
Scale: 1 Inch = 115 Feet
Area: 3.617 Acres (157,547.90 Square Feet)
14-284
MINOR REPLAT
RIVER PLACE PH 1
BLK 1LT30-R
ACRES 3.62
Area: 3.617 Acres (157,547.90 Square Feet)
Perimeter: 1670.489 Feet
Gap = 0.801 (South 1° 27' 20" East)
1. so1°38'IO"E 241..80' 5. N64°53'34"E 10.00'
2. S24°33'2l"E 187.90' 6. N25°06'26"W 99.09'
3. S59°47'03"W 371.97' 7. N22°5!'08"W Ch75.13' Rad955.00' R
4. N25°06'26"W 227.91' 8. N59°47'03"E 457.47'
GAP error cannot be greater than 0.10 (See SOP for Exceptions)
DOES NOT CLOSE
11-25-2014
BR
MEMORANDUM
DATE: December 9, 2014
TO: Bart Munro, via USPS; 7553 River Ridge Drive , College Station TX, 77845
FROM: Rachel Lazo , Planning Tech
SUBJECT: RIVER PLACE PH 1 LOT 30-R, BLK 1 (MP)
Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff
review comments detailing items that need to be addressed .
.>( One (1) 24"x36" copy of the revised final plat;
New certified tax certificates submitted prior to the filing of the final plat;
One (1) copy of the digital file of the final plat on diskette or e-mail to
pdsdiqitalsubmittal@cstx.gov; and
The Mylar original of the revised final plat with the owner and County Judge's
signatures (will be required after the County's approval).
Upon receipt of the required documents, your project will be considered formally filed with the
City of College Station. Please note that this application will expire in 90 days from the date of
this memo, if the applicant has not provided written response comments and revised documents
to the Administrator that seek to address the staff review comments contained herein.
Please note that a Mylar original of the revised final plat will be required after Staff approval
approval and prior to the filing of the plat. If you have any questions or need additional
information , please call me at (979) 764-3570.
Attachments: Staff Review Comments
PC : Alan Munger, Brazos County, via email at RAMunqer@brazoscountvtx.gov
McClure & Browne Engineering/Surveying Inc., via ; kevinm@mcclurebrowne.com
P&DS Project No. 14-00900284
Planning & Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION ·TEXAS • 77842
TEL. 979.764.3570 ·FAX. 979.764.3496
cstx.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: RIVER PLACE PH 1 LOT 30-R, BLK 1 (MP) -14-00900284
PLANNING
1. Please note that you, the applicant, are responsible for scheduling the plat for
consideration by the County Commissioner's Court and for getting the County Judge's
signature on the Mylar after they approve the plat. Duly Noted .
2. Please note that any changes made to the plans which have not been requested by the
City of College Station must be explained in your next transmittal letter. Duly Noted.
Reviewed by: Rachel Lazo Date: December 8, 2014
BRAZOS COUNTY
1. Indicate City of College Station City Limits on Vicinity Map. See Revised Plat.
2. All development within the 100-year floodplain shall comply with all applicable
orders and regulations, including but not limited to Brazos County's "Flood
Damage Prevention Order." A floodplain development permit shall be obtained
from the County Engineer's Office prior to the construction of any structure(s)
within the floodplain . See Revised Plat.
3. Remove reference to Base Flood Elevation in Note 2. BFE's within a Zone A are
subject to revision due to current best available information. See Revised Plat.
4. Provide Letter of Concurrence from Brazos County 911 that new addressing has
been provided. (contact Mitchell Reeves) Du ly Noted.
5. Provide a completed Brazos County Plat Application to this department.
Attached.
6. Title Block information may need to be indicative of an Amending Plat rather than
a Replat. This replat matches previously completed replats for consistency.
Reviewed by: Alan Munger Date: December 1, 2014
ENGINEERING COMMENTS NO. 1
1. Please tie property to a city of College Station horizontal control monument. See
Revised Plat.
2. The metes & bound does not close. Checked and it closes.
Reviewed by: Kevin Ferrer Date: December 4, 2014
FIRE
1. No comments at this time
Reviewed by: Steve Smith Date: December 9, 2014
NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next
transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the
City, will constitute a completely new review. Page 2 of 2