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Home My WebLink About15-22CASE NO.: CITY OF COLLEGE STATION Home of Texas A&M University' DATE SU,MITTED: TIME:~, STAFF· +--"=----~~~~~~ (Check one) D Minor ($700) FINAL PLAT APPLICATION D Amending ($700) D Final ($932) D Vacating ($932) ~eplat ($932) Is this plat in the ET J? D Yes ~No Is this plat Commercial D or Residential ~ MINIMUM SUBMITTAL REQUIREMENTS: 0 $700-$932 Final Plat Application Fee (see above). -EJ $233 Waiver Request to Subdivision Regulations Fee (if applicable). _r;J $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). ~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. ~Six (6) folded copies of plat. (A signed mylar original must be submitted after approval.) -fJ 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). r:;rcopy of original deed restrictions/covenants for replats (if applicable). ~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. 0'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 application, 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 u1; II; <1015 fuel< ~) bd~v't :iJtrn -P h ~ ADDRESS Li 'ld...la ~ Lf72g ~f\~on Cceek loo-p SPECIFIED LOCATION OF PROPOSED PLAT: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name .\-b:cth (au .. X\6€1'\d E-mail Street Address Po :t)o )( \ \ ~q '1 city Co\le~e J\a-..\lm. State T'{... Zip Code ?13LJ:;- Phone Number q 7t/---5 7l/ -03 7 t..J Fax Number /-8b/o -30C(-<f(pSJ? Revised 4/14 Page 1 of 9 PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): Name He& :=fQ1JJl'\50nd Street Address ~;JI S EfY'"eAY'o-ni Ck. City Co\\~e ,Jt£R%6Y\ Phone Number 97q-S}t./ · 0314- ARCHITECT OR ENGINEER'S INFORMATION: Name fl,rr , /uni~ Ll<!__ Street Ad~ress '-foq Af 1?, ; Arie City ~(}!Y) Phone Number db 8 "'.:?/ q S' State 1J( Fax Number Zip Code '21 gy~ J-g(i6 ·\3£fl -9ra5£ E-mail fa1t:5e. btl rfere11Jtidenh I'\ K too~/. Cttm StatelX Zip Code 1?Ro 3 Fax Number foq/-<{qo4 Do any deed restrictions or covenants exist for this property? l2'J Yes D No Is there a temporary blanket easement on this property? If so, please provide the Volume /J fr:J I and Page No. __ _ Total Acreage Total No. of Lots :?:ft R-0-W Acreage NA ' ~~----~ Existing Use Proposed Use {eatoerd-t cl Number of Lots By Zoning District I I E -~- Average Acreage Of Each Residential Lot By Zoning District: a.'5" , e Floodplain Acreage _<-><-.,._,_...._ _____________________________ _ Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes ')/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 ~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): I IV/fl !Requested ;~:r to subdivision re~ u lations 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 Unified 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 Existing 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: ___ Streets Sidewalks Sanitary Sewer Lines Water Lines Channels Storm Sewers 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. Revised 4/14 1-z.:$-/ s-- I Date Page 4 of 9 Existing ~ u;:r- c:r 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.) [3'"' Drawn on 24" x 36" sheet to scale of 100' per inch. [B" 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. EJ' Title Block with the following information: ff Name and address of subdivider, recorded owner, planner, engineer and surveyor. 0'"' Proposed name of subdivision . (Subdivision name & street names will be approved through Brazos County 911 .) r::( Date of preparation. ~ Engineer's scale in feet. [d"Total area intended to be developed. North Arrow. Subdivision boundary indicated by heavy lines. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. All applicable certifications based on the type of final plat. Er Ownership and Dedication ~ 0 0' ff D Surveyor and/or Engineer City Engineer (and City Planner, if a minor plat) Planning and Zoning Commission (delete if minor plat) Brazos County Clerk Brazos County Commissioners Court Approval (ET J Plats only) 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. If using private septic systems, add a general note on the plat that no private sewage facility may be installed on any lot in th is 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. g----Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available data. ca-Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data. ~ Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E.2). G}-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 D D D 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. 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 w ~ D NOTE: Revised 4/14 Proposed D D Alleys. Easements. ~ A number or letter to identify each lot or site and each block (numbered sequentially). D 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. 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 D D D D 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). Sewer Design Report. Sanitary sewer plan and profile showing depth and grades. One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) Water Design Report and/or Fire Flow Report. 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.) 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). 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. Are there impact fees associated with this development? Impact fees must be paid prior to building permit. Will any construction occur in TxDOT rights-of-way? D Yes ff No D Yes If yes, TxDOT permit must be submitted along with the construction documents. 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. Print Form Page 9 of 9 PLANNING & DEVELOPMENT SERVICES Cm· OF Coll.EGE Sr...:r10N TRANSMITTAL COVER LETTER Please check one of the options below to clearly define the purpose of your submittal. C:: Documents for a previous incomplete submittal C:: Existing Project Submittal Project Name: I w; Uiam.5 dree-k 5J b fi:i ~ , ~ Contact Name: I K-e.rr-o5o rUetfl'j Phone No.: I ~6f>-.31q s- We are transmitting the following for Planning & Development Services to review and comment. (Please check all that apply). C:: Comprehensive Plan Amendment r Rezoning Application D Non-Residential Architectural Standards 0 Irrigation Plan C:: Master Development Plan C Preliminary Plat >1'1Final Plat C:: Development Plat C:: Site Plan C:: Special District Site Plan I Special District Building I Sign C:: Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS OVariance Request [j Development Permit D Conditional Use Permit 0 FEMA CLOMA/CLOMR/LOMA/LOMR O Grading Plan OOther -Please specify below All infrastructure documents must be submitted as a complete set. The following are included in the complete set: C Waterline Construction Documents [i TxDOT Driveway Permit J; TxDOT Utility Permit C Drainage Letter or Report r.: Fire Flow Analysis I Other -Please specify 0 Sewerline Construction Documents [j Drainage Construction Documents O Street Construction Documents O Easement Application ! Special Instructions: .......................... j PLANNING & DEVELOPMENT SERVICES Cm· OF Coll.EGE ST...:r10N TRANSMITTAL COVER LETTER Please check one of the options below to clearly define the purpose of your submittal. C:: Documents for a previous incomplete submittal "fJ Existing Project Submittal \ ":;> d~ Contact Name: Phone No.: I 0{'2~ ~~q~ We are transmitting the following for Planning & Development Services to review and comment. (Please check all that apply). /5~ 2.:2. :;/n/15 J..:45 C:: Comprehensive Plan Amendment ["Rezoning Application O Non-Residential Architectural Standards 0 Irrigation Plan C:: Master Development Plan C Preliminary Plat g:f inal Plat fc Development Plat C:: Site Plan C:: Special District Site Plan I Special District Building I Sign C Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS OVariance Request [J Development Permit D Conditional Use Permit 0 FEMA CLOMA/CLOMR/LOMA/LOMR O Grading Plan OOther -Please specify below All infrastructure documents must be submitted as a complete set The following are included in the complete set: C Waterline Construction Documents [i TxDOT Driveway Permit ); TxDOT Utility Permit C Drainage Letter or Report C Fire Flow Analysis I Other -Please specify 0 Sewerfine Construction Documents [J Drainage Construction Documents O Street Construction Documents O Easement Application ' Special Instructions: ...... 1 C ITY o F Coll.EGE STATION Home o/Texas A&M University" FOR OFFICE USE ONLY CASE NO.: ~ DATE SUBMITTED~ TIME: q.·q_7 STAFF: &sf PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Pl ea se check one of the options below to clearly define the purpose of your submittal. 0 New Project Submittal O Incomplete Project Submittal -documents needed to complete an application . Case No.: ?~__:__E_xi_st_in_g_P_r_~_·e_c_ts_u_b_m_i_tt_a_1._c_a_se_N_o_.:--==================---.--r-:-------.,,_._--.......... ~l...-:-~3--{#(-S~ /3/2.- Project Name ~L:t~Zt:=:;;;;::!etlltt::~~±:=<'!::~tl~bt;Z::::=~_\tjl..1.~LUM_~~~~~~::_ ___ ~13 5 Contact Name ~,lt\ v \Sh \Q_ lDwVJSPY'-.Dl We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Non-Residential Architectural Standards D Rezoning Application D Irrigation Plan D Master Development Plan D Variance Request D Preliminary Plat D Development Permit D Final Plat D Conditional Use Permit D Development Plat D FEMA CLOMA/CLOMR/LOMA/LOMR 0 Site Plan D Grading Plan 0 Special District Site Plan ~ Other-Please specify below 1 D Special District Building I Sign 0 Landscape Plan ~V-('At -M\/ t1 r 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 0 Drainage Letter or Report D Easement Application D Fire Flow Analysis D Other -Please specify Special Instructions: 10/10 Brazos County Abstract Company "More Than 140 Years of 1itle Service " P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan,Texas77802 BCAC GF NO. BC1403177 Title Report Prepared 12/16/2014 for Heath G. Townsend P. 0. Box 11897 College Station, Texas 77842-1897 Heath G. Townsend P. 0. Box 11897 College Station, Texas 77842-1897 Heath G. Townsend P. 0. Box 11897 College Station, Texas 7842-1897 "Experience Matters" B razos C ounty A bstract C ompany "More Than 140 Years of Title Service" TITLE REPORT Effective Date: December 15, 2014 at 8:00 am GFNO: BC1403177 LEGAL DESCRIPTION: Being all that certain lots, tracts or parcels of land lying and being situated in Brazos County, Texas and being Lots Thirteen (13) and Fourteen (14), BlockThree (3), WILLIAMS CREEK SUBDIVISION, PHASE 3, an addition to the City of College Station, Texas, according to plat recorded in Volume 7249, page 292, Official Records of Brazos County, Texas. TITLE APPEARS TO BE VESTED IN: Heath G. Townsend and wife, Cheryl C. Townsend by Warranty Deed from Heath Townsend Homes, LP, dated November 17, 2014 and recorded in Volume 12377, page 8, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: Deed of Trust dated ovember 17, 2014, executed by Heath G. Townsend and wife, Cheryl C. Townsend to Ivan M. Olson, Trustee, securing one note of even date payable to The Bank & Trust of Bryan/College Station, in the principal amountof$680,000.00, recorded in Volume 12377, page 122, Official Records of Brazos County, Texas. ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: None of Record. EASEMENTS: Easements as shown of record on plat of Williams Creek Subdivision, Phase 3, recorded m Volume 7249, page 292, Official Records of Brazos County, Texas. Reservation of water well rights in Correction Deed from Carol M. Anderson to C.M. Anderson Properties, Ltd ., dated March I, 1995 , recorded in Volume 2323 , page 47, Official Records of Brazos County, Texas. OUTSTANDING MINERALS AND/OR ROYALTIES: Mineral Deed from Alta W. McCullough to Jean McCullough Stephen, et al, dated May 18, 1976, recorded in Volume 357, page 556, Deed Records of Brazos County, Texas. Title to this mineral interest has not been traced subsequent to the date of the above-cited instrument. Mineral Deed from Alta W. McCullough to Jean McCullough Stephen, et al , dated December 27, 1976, recorded in Volume 365, page 649, Deed Records of Brazos County, Texas. Title to this mineral interest has not been traced subsequent to the date of the above-cited instrument. Terms and conditions contained in Stipulation of Interest by and between Alta W. McCullough and Jean McCullough Stephen, et al , dated September 30, 1981, recorded in Volume 500, page 188, Deed Records of Brazos County, Texas. Mineral Deed and Royalty Transfer from Alta Williams McCullough to Jean McCullough Stephen, et al , dated September 12, 1983, recorded in Volume 608, page 18, Official Records of Brazos County, Texas. Title to this mineral conveyance has not been traced subsequent to the date of the above-cited instrument. Mineral conveyance from Joe Stanley Stephen to Jean McCullough Stephen, dated November 15, 1989, recorded in Volume 1207, page 733, Official Records of Brazos County, Texas. Title to this mineral conveyance has not been traced subsequent to the date of the above-cited instrument. Disclaimer and Quitclaim of mineral interest from Fred G. Anderson to Carol McCullough Anderson, dated December 12, 1991 , recorded in Volume 1425, page 174, Official Records of Brazos County, Texas. Mineral reservation in Correction Deed from Carol M. Anderson to C.M. Anderson Properties, Ltd., dated March 1, 1995, recorded in Volume 2323, page 47, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. Mineral reservation in Correction Deed from Jean Stephen to Stan and Jean Stephen Family No. Two, L.P., dated June 20, 2000, recorded in Volume 3882, page 330, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above- cited instrument. Mineral reservation and water rights retained in Correction Deed from Jean Stephen Family No. Two, L.P., et al to Joe and Janet Johnson Land and Investments, L.P., dated February 14, 2005 to be effective May 12, 2004, recorded in Volume 6525, page 227, 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 Lease from Carol McCullough Anderson, Trustee of the Suzanne Carol Stephen Trust to Roundtop Energy Corporation, dated January 10, 1990, recorded in Volume 1172, page 243, Official Records of Brazos County, Texas; Amendment And Ratification recorded in Volume 1425, page 177, Volume 1436, page 204 and Volume 1444, page 215, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Jean McCullough Stephen, Trustee of the Keith Alan Anderson Trust to Roundtop Energy Corporation, dated January 10, 1990, recorded in Volume 1172, page 258, Official Records of Brazos County, Texas; Amendment And Ratification recorded in Volume 1425, page 177, Volume 1436, page 204 and Volume 1444, page 215, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Jean McCullough Stephen, et vir, et al to Roundtop Energy Corporation, dated January 10, 1990, recorded in Volume 1172, page 273, Official Records of Brazos County, Texas; Amendment And Ratification recorded in Volume 1425, page 177, Volume 1436, page 204 and Volume 1444, page 215, Official Records of Brazos County, Texas; Ratification recorded in Volume 1444, page 220, 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: Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 7251 , page 161 , Official Records of Brazos County, Texas, but omitting any covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States Code, or (b) related to handicap, but does not discriminate against handicapped persons. TAXES/ ASSESSMENTS: None Requested . MISCELLANEOUS: Terms, cond itions and stipulations contained in Closing Agreement dated May 10, 2004 to be effective May 12, 2004, by and between Jean Stephen Family No. Two, L.P. et al, and Joe and Janet Johnson Land and Investments, L.P., recorded in Volume 6041 , page 179, Official Records of Brazos County, Texas. Special provisions contained in Correction Deed from Jean Stephen Family No. Two, L.P. et al to Joe and Janet Johnson Land and Investments, L.P. dated February 14, 2005 but effective May 12 , 2004, and recorded in Volume 6525, page 227, Official Records of Brazos County, Texas. The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and Restrictions, executed by Johnson Investments, Inc., dated April 11 , 2006, recorded in Volume 7251 , page 161 , Official Records of Brazos County, Texas, and Management Certificate recorded in Volume 11789, page 76, Official Records of Brazos County, Texas. Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions, executed by Johnson Investments, Inc., dated April 11 , 2006, recorded in Volume 7251 , page 161 , Official Records of Brazos County, Texas. 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) ESTABLISIDNG 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 THAT THIS TITLE REPORT IS NEITHER A GUARANTY NORW ARRANTY 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 Heath G. Townsend P. 0. Box 11897 College Station, Texas 77842-1897. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HA VE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX 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 NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RA TE PREMIUM. Brazos County Abstract Company . ' Please direct inquiries to: June Van Etten ~1; I ' " .. o P((. Doc Bk Vol pg 00922528 OR 7251 161 : ~ & RETURN TO: 1}J.OS COUNTY ABSTRACT COMPANY I •'I ,vv~ J!..A!:i....------. ff ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WILLIAMS CREEK SUBDIVISION PHASE3 JFM/;ll! •i»!fl\•. •1!()11 ~,. n6 1ll! __ THE STATE OF TEXAS § COUNTY OF BRAZOS § WHEREAS, JOHNSON INVESTMENTS, INC., a Texas corporation, acted for herein by its secretary (the "Declarant"), is the owner of that real property in Brazos County, Texas, which is more fully described on Exhibit "A", attached hereto and incorporated herein by reference and any future additions thereto (the "Property"); and WHEREAS, the Declarant desires to convey the Property subject to certain protective covenants, conditions, restrictions, liens and charges as hereinafter set forth; and WHEREAS, Declarant desires to create and carry out a uniform plan for the improvement, development and sale of the Property for the benefit of the present and future owners of the Property; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Property shall be held, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, liens and charges, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and which shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and wruch shall inure to the benefit of each owner thereof; and (ii) that each contract or deed that may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions regardless of whether or not the same are set out or referred to in said contract or deed. ARTICLE I. DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01 Architectural Control Committee. "Architectural Control Committee" shall mean the committee created pursuant to tills Declaration to review and approve plans for the construction oflmprovements on the Property. 1.02 Architectural Control Committee Rules. "Architectural Control Committee Rules" shall mean the rules and regulations adopted by the Arcrutectural Control Committee, as the same may be amended from time to time. . ~' ., 1.03 Articles. "Articles" shall mean Articles of Incorporation of the Williams Cr~k Owners Association, Inc., as that instrument may be amended from time to time, which instrument is filed in the office of the Secretary of State of the State of Texas. 1.04 Assessment. "Assessment" or "Assessments" shall mean such assessments as may be levied by the Association under the terms and provisions of this Declaration. 1.05 Association. "Association" shall mean the Williams Creek Owners Association, Inc., a Texas non-profit corporation, which shall have authority and responsibility for all of the commimities and subdivision of Williams Creek, as hereafter defined. 1.06 Board. "Board" shall mean the Board of Directors of the Association. Board members must be Members of the Association. 1.07 Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board, and from time to time amended. 1.08 Common Areas. "Common Areas" shall mean any land conveyed, leased, dedicated or assigned by Declarant, or by a third party with the Association's consent, to the Association for maintenance and operation, including, but not limited to, easements, roads, entry ways, water detention and drainage, roadways, rights-of-way, parkways, median strips, sidewalks, parks, trails, paths, ponds, creeks and Jakes within the Property. 1.09 Declarant. "Declarant" shall mean JOHNSON INVESTMENTS, INC, its duly authorized representatives or its respective successors or assigns; provided that any assignment of the rights of JOHNSON INVESTMENTS, INC., as Declarant must be expressly set forth in VvTiting and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder. 1.10 Declaration. "Declaration" shall mean this instrument as it may be amended from time to time. 1.11 Improvement. "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, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, walls, tanks, reservoirs, pipes, lines, meters, antenna~, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. 1.12 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a recorded plat of all or any part of the Property, together with all improvements located thereon and any parcel or parcels of land within any addition to the existing Property as may be made pursuant to Article II, Section 2.02 of this Declaration. 2 ho co an en de in pl pr al cc tn A ac R to ai re SI p Vo!, Pi 7251 l :k :h l.S n, ie rd ile :d, he ry >S, 1ly :nt m he mt :es tge \l s, 1er ae, Jar rty all the Doc Bk Vol p9 ~ 00922528 DR 7251 163 ' 1.13 Member. "Member" or "Members" shall mean any person(s), entity, or entities holding membership rights in the Association. 1.14 Mortgage. "Mortgage" or "Mortgages" shall mean any mortgage or deed of trust covering any portion of the Property given to secure the payment of a debt. 1.15 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or Mortgages. 1.16 Owner. "Owner" or "Owners" shall mean a person or persons, entity or entities, including Declarant, holding a fee simple interest in any Lot on the Property, but shall not include a Mortgagee. 1.17 Person. "Person" or "Persons" shall mean any individual, individuals, entity or entities having the legal right to hold title to real property. 1.18 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including, but not limited to, those indicating location, size, shape, configuration, materials, site plans, design development plan, excavation and grading plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement. 1.19 Williams Creek. "Williams Creek" shall mean the "community", or subdivisions, consisting of the Property. The Declarant, or the Board, shall have the authority to declare other tracts subject to the same or similar residential restrictions, and to award membership in the Association to lot owners of other subdivisions, or to merge with other Associations, on terms acceptable to the Board. 1.20 Williams Creek Phase 3. "Williams Creek Phase 3" shall mean the subdivision created by plat recorded in Volume 7249 , Page292 of the Official Records of Brazos County, Texas. 1.21 Williams Creek Residential Restrictions. "Williams Creek Residential Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Williams Creek Rules, Architectural Control Committee rules and the Articles and Bylaws of the Association as the same are in effect from time to time. 1.22 Williams Creek Rules. "Williams Creek Rules" shall mean the rules and regulations adopted by the Board as the same may be amended from time to time. ARTICLE II. DEVELOPMENT OF THE PROPERTY 2.01 Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property free of the restrictions set forth in this Declaration. 3 . ' '·' 2.02 Addition of Land. Declarant may, at any time and from time to time, add any other lands to the Property, and upon such addition, this Declaration and the covenants conditions, restrictions and obligations set forth herein shall apply to the added land, and th~ rights, privileges, duties and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as they are with respect to the lands originally covered by this Declaration, except as specifically modified in a Supplemental Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Brazos County, Texas, a notice of addition of land (the "Supplemental Declaration") containing the following provisions: a. A reference to this Declaration, which shall state the book and page numbers of the Official Records of Brazos County wherein this Declaration is recorded; b. A statement that the provisions of this Declaration shall apply to the added land, except as modified in the Supplemental Declaration; and c. A legal description of the added land. 2.03 Withdrawal of land. Declarant may, at any time and from time to time, reduce or withdraw areas owned by it from the Property, and upon such withdrawal, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall no longer apply to those lands withdrawn. In order to withdraw lands from the Property hereunder, Declarant shall be required only to record in the Official Records of Brazos County, Texas, a notice of withdrawal of land containing the following provisions: a. A reference to this Declaration, which reference shall state the book and page numbers of the Official Records of Brazos County wherein this Declaration is recorded. b. A statement that the provisions of this Declaration shall no longer apply to the withdrawn land; and c. A legal description of the withdrawn land. ARTICLE III. GENERAL RESTRICTIONS All ofthe Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions: 3.01 Construction of Improvements. No Improvements shall hereafter be constructed upon any of the Property without the prior approval of the Architectural Control Committee. Residential improvements must be completed on all lots prior to the expiration of four (4) years from date of sale of any lot(s) by Declarant to the first purchaser thereof. 3.02 Antennas. No exterior antennas, aerials, satellite dishes, or other apparatus for the transmission of television, radio, satellite or other signals of any kind shall be placed, allowed, or 4 ------- mair corru that Arcr scret Assc mast or 01 pem heig: twe l dish1 shall pron Act" as pc incre Irnp1 ease: thq Deel an e Coni with follo one extei sale advc issw adva such resiC faste unde mon year prov more loca· prog Vol 7251 my nts, the me this nds 5 of nng the :tnd, iuce ttion pply rrant :e of page )Il i_s ) the joyed :ucted aittee· years for the ,ed, or Fi l~ Doi: Bk Vol F'9 00922528 OR 7251 165 - maintained upon any portion of the Property, including any Lot, which is visible from any street, common area, trails, or other Lot unless it is impossible to receive signals from said location. In that event the receiving device may be placed in a visible location as approved by the Architectural Control Committee. The Architectural Control Committee may require as much screening as possible while not substantially interfering with reception. The Declarant and/or the Association shall have the right, without obligation, to erect or install an aerial, satellite dish, master antenna, cable system, or other apparatus for the transmission of television, radio, satellite or other signals for the benefit of all or a portion of the Property. No satellite dishes shall be permitted which are larger than 1 meter in diameter. No broadcast antenna mast may exceed the height of the center ridge of the roofline. No MMDS antenna mast may exceed the height of twelve feet (12') above the center ridge of the roofline. No exterior antennas, aerials, satellite dishes, or other apparatus which transmit television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Property. The Declarant by promulgating this section is not attempting to violate the Telecommunications Act of 1996 ("the Act"), as may be amended from time to time. This section shall be interpreted to be as restrictive as possible while not violating the Act. 3.03 Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon without the prior v.Titten approval of the Board. 3.04 Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior v.Titten approval of the Architectural Control Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the Architectural Control Committee. 3.05 filw. No sign of any kind shall be displayed to the public view on the Property without the prior v.Titten approval of the Architectural Control Committee, except fo r the following: (i) signs which are part of Declarant's overall marketing plan for the Property; (i i) one (1) sign per Lot, not exceeding 2' x 3' in area, fastened only to a stake in the ground and extending not more than three (3 ') feet above the surface of such Lot advertising the Property for sale or lease; (iii) not more than two (2) political signs, not exceeding 2' x 3' in area, per Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be erected more than thirty (30) days in advance of the election to which they pertain and shall be removed within three (3) days after such election; (iv) signs containing information about one or more children residing in the residence on a Lot and the school they attend, provided the sign is not more than 36" x 36" and is fastened only to a stake in the ground and there shall be no more than one sign for each child under the age of eighteen ( 18) residing in the residence, and said signs may not be displayed more than ten (10) days in any calendar month, for more than three (3) months in a calendar Year; (v) signs or stickers provided to an Owner by a commercial security or alarm company provided service to the residence, provided the sign is not more than 8" x8" or the sticker is no more than 4" x 4" and there shall be no more than one sign and no more than six (6) stickers located on the windows or doors; (vi) stickers on windows and doors for the "Child Find" program or a similar program sponsored by a local police and/or local fire department; or (vii) a 5 -' . i Do.: Bk (t;: OO'i'22S28 OR 7251 builder or lender may place certain information and advertising signs on Lots without the prior permission of the Architectural Control Committee. · . __ If any sign is placed within the subdivision in violation of this Declaration, the Association or its agents shall be authorized to enter upon any Lot or homesite and remove and/or dispose of any such sign violation, and in doing so shall not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. 3.06 Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimentfil_to any other Property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or screened from view from the street, adjoining Lots and other parts of the Property. If rubbish or debris accumulates upon any Lot in violation of this provision in the judgment of the Association, the Association may remove the rubbish or debris, and charge a special assessment to the Owner of the Lot. 3.07 Disposal of Trash. No part of the Property shall be used or maintained as dumping grounds for rubbish. Trash, garbage or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. 3.08 Neat and Clean Condition . Owners shall not permit the accumulation of trash, rubbish, weeds, or other unsightly obstacles on their Lots or on the Easements or on the streets abutting the same. Each Owner shall be responsible for proper disposition of his trash and garbage. Owners must maintain all portions of their Lots visible from an Access Road, Trail, Common Area or Dwelling Unit on another Lot in a neat and clean condition. 3.09 Noise. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. 3 .10 Lighting. No exterior lighting of any sort shall be installed or maintained on a Lot where the light source is offensive or a nuisance to neighboring property, except for reasonable security or landscape lighting that has the approval of the Architectural Control Committee. 3.11 Nuisance. No noxious or offensive activity or work shall be conducted upon any Lot so as to impair the structural soundness or integrity of any Improvement of any other Lot, or which may be or may become an annoyance or nuisance to the neighborhood. 3 .12 Repair of Improvements. All Improvements upon the Property, including ~y Lot, shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner or Owners thereof. 6 __ ¥ _______ _ Vol . p, 7251 l~ )r 1e .;e Dr Dr er or so to in 1m ris he of as .ch sh, ets .nd :ti!, ll1Y or Lot ble Do•: Bk Vol P9 00922528 OR 7251 167 3.13 Alteration or Removal of Improvements. Exclusive of normal maintenance, any construction or removal in connection with any improvement which in any way alters the exterior appearance of said improvement shall be performed only with the prior written approval of the Architectural Control Committee. 3 .14 Roofing Materials. The surface of all roofs of principal and secondary structures shall be wood, shingle, shakes, tile or quality composition shingle. The Architectural Control Committee shall have authority to approve other roof treatments and materials when in its determination such treatments and materials in the form utilized will not be a detriment to the quality of the neighborhood. 3.15 Solar Eguipment. In the event an Owner desires to use solar panels or other solar equipment in connection with the use of any Lot which may be seen from the street, adjoining Lots or other parts of the Property, the location and installation design thereof shall be submitted to the Architectural Control Committee and approval of such design, including the aesthetics thereof, shall be required before construction may begin. 3.16 Driveways. All driveways on a Lot accessing an Access Road must have an asphalt or concrete driveway apron. All driveways require a culvert over the borrow ditch. The culvert must be constructed entirely of concrete with concrete end treatments. The size of the culvert pipe to be constructed on the driveway of a particular lot shall be as determined and approved by the Architectural Control Committee. 3.17 Tanks. Except as otherwise approved by the Architectural Control Committee, all tanks for the storage of gas, propane or oil shall be fenced so as not to be visible from any other Lot, Access Road or Trail or installed below ground level. The Architectural Control Committee must approve the location of any other type of tank used on a Lot. 3 .18 Underground Utility Lines. No utility lines, including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on Improvements as approved in writing by the Architectural Control Committee, provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of improvements which have been previously approved in writing by the Architectural Control Committee. The installation method, including but not limited to location, type of installation equipment trenching method and other aspects of installation for both temporary and permanent utilities, shall be subject to review and approval by the Architectural Control Committee. 3 .19 Storm water Management. Owners and their contractors shall be responsible for the management of stormwater during construction or ground .disturbing activities to prevent erosion and sedimentation from leaving the immediate construction site or entering into any existing or contemplated Waterway, drainageways, and roadside ditches. During construction of a Dwelling Unit, Structure, Improvement, foundations, driveways, barns, approved landscape areas, or any other construction requiring soil grading activities, Owners and their contractors 7 .. ··-- I I i"· I '! De.-e 00922S28 oi and agents must use appropriate stormwater management measures, such as silt fencing or hay bales between the construction area and drainageways. Final stabilization with seeding or mU.lch is required to minimize erosion following construction. 3 .20 Drai?age M~ntenance. Owners shall be resp?nsible for keeping Drainage Easements and Dramage Mamtenance Easements free of obstruct10ns and shall not permit fences or other obstructions to be placed in said easements. Owners shall also be responsible for stabilization of slopes in Drainage Easements and Drainage Maintenance Easements. 3 .21 No Pollution. No act may be performed which is likely to pollute the air or water in any part of the Property, nor may any Owner violate any federal, state or local ordinance or regulation designed to eliminate pollution at that time in force. 3.22 Hazardous Activities. No activities shall be conducted on the Property and no Improvements shall be constructed on the Property that are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, and no open fires shall be lighted or permitted except within safe and well designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes. 3.23 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No water storage tanks greater than 500 gallons can be constructed. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 3 .24 Machinery and Equipment. Without the approval of the Association or Declarant, no machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot or Common Area except, during construction, such machinery or equipment as is usual and customary in Brazos County, Texas, in connection with the use, maintenance, or construction of a private residence or appurtenant structures or recreational facilities maintained by the Association; provided, however, such machinery or equipment may be placed, operated or maintained by any governmental or quasi-governmental agency, or by a public utility, in the performance of its legitimate functions. 3 .25 Septic Systems. No Dwelling Unit shall be built without a State of Texas, Brazos County, or other required governmentally approved septic tank or other sewage disposal system that is so approved. 3.26 Temoorarv Structures. No tent, shack or other temporary building, improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Control Committee; provided, however, that the Declarant may maintain or authorize temporary structures necessary for storage of tools and equipment, and for office space for builders and foremen on the Property during any period of actual construction, which authorization, if given, shall include the nature, size, duration and location of such structure or structures. 8 bo ke bu otl vi< bo dri Ur as inc m< all \>v'I: Ar vie hy1 rai: ke1 am be allc are Sui the ade so . thr• pet ere Co Co: an; froi Eac om Arc the gra oth sha Vol 72Si y h :e :s ir :r If 0 .0 )f d :e ) ,, il :e :e )f in Jr e, al ty a JS al nt ie )f ;e :h Doc Bk Vol pg .922528 DR 7251 169 3.27 Unsightly Articles; Vehicles. No trailer, recreational vehicle, motor home, tent, boat, or stripped down, wrecked, junked, or vehicle not legally operable on public streets shall be kept, parked, stored, or maintained on any portion of the driveway or front yard in front of the building line of the permanent structure, and same shall be kept, parked, stored or maintained on other portions of a 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, boats, trailers, recreational vehicles, or other machinery or equipment shall be permitted in any driveway or yard. 3.28 Fencing. All fencing within view of any Access Road, Common Area, Dwelling Unit on another Lot, Trail or a Lake shall be of a size, design, color, location, height and material as determined and approved by the Architectural Control Committee. Fencing Guidelines will include, without limitation, requirements regarding fence types, locations and quality of materials. Prior to designing, ordering or acquiring any fencing materials or designs for a Lot, all Owners must obtain approval from the Architectural Control Committee. No wire fence (hog wire, chicken wire or chain link) may be built if visible from an Access Road, Trail, Common Area, and Dwelling Unit on another Lot. Chain link fencing may be used in areas not within view of any Access Road as long as the fencing is coated in green, brown or black vinyl. No fire hydrants can be fenced so as to impede access thereto from a public right of way. 3.29 Animals -Household Pets. No animals, livestock, or poultry of any kind shall be raised , bred, or kept on any Lot within the Property for commercial purposes. No swine may be kept or maintained on any Lot. There will be no wild, exotic, or naturally undomesticated animals allowed to be caged or otherwise kept on any Lot. All poultry must be caged and must be kept no closer than fifty (50) feet of any Lot line. No animals including dogs and cats will be allowed to roam free in the subdivision and all of such animals shall be kept within enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with Plans and Specifications approved by the Architectural Control Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visib le from adjoining Lots, streets and other parts of the Property. No more than three (3) adult dogs and two (2) adult cats may be kept on a single Lot. All domestic household pets shall be kept in strict accordance with all local Jaws and ordinances. In the event any animal creates a nuisance to the Subdivision in the sole and exclusive opinion of the Architectural Control Committee such animal will be removed from the Subdivision. The Architectural Control Committee shall have the right to enter and remove any such animal which is placed on any Lot in violation of this Section, and in so doing, shall not be liable and is expressly relieved from any liability for trespass or other tort in connection therewith, or arising from such removal. Each Lot shall be allowed one (l) animal unit per one and one-half (1.5) acre. Animal uriit is one (1) cow or horse. Any special 4-H or FF A school project must have prior approval of the Architectural Control Committee. The Architectural Control Committee has the right to enforce the removal of any unsightly structures, feeding and/or watering devices 3.30 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Lot cultivated, prUI!ed, and free of trash and other unsightly material. Subject to Section 3.34 below, trees, shrubs, vines and plants that die shall be promptly removed. Declarant, the Association and the Architectural Control Committee 9 Do•: e.k 00922528 OR shall have the right at any reasonable time after not less than ten (10) days' written notice to Owner to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grass or other plantings located thereon, and to charge the cost thereof to the Owner of the Lot as provided in Section 5.04(E) below. 3 .31 Landscape Design. All houses must be properly landscaped and a sprinkler system installed in the entire front yard prior to occupancy unless written approval of an alternate plan is first obtained from the Architectural Control Committee. A written variance for landscaping can be granted by the Architectural Control Committee. All landscaping shall be designed so as to protect and promote, as far as practicable, the natural local landscape. environment through use of native materials, natural drainage, indigenous plant selection and site design. All landscaping designs shall: (A) Wherever possible, save and incorporate into the Plans and Specifications, existing trees having trunk diameters of four (4) or more inches. To insure the viability of these trees, soil compacting, trenching and/or cut and fill shall be avoided, to the greatest extent possible, in the area defined by a tree's dripline. (B) Maintain or enhance, wherever possible, existing vegetation within drainage easement to prevent erosion, siltation or impediment of runoff augmented by development. (C) Install live, growing sod covering the front and side yards, prior to occupancy of any residence constructed on a Lot, and an equivalent substitute which achieves as satisfactory a ground cover in approximately the same period of time in the backyard, all such ground cover to be indigenous to or commonly used in the area, and maintained in a healthy and growing condition. (D) Install live, growing and healthy shrubs, bushes, vegetation, trees, and front yard must be sodded, prior to occupancy of any residence constructed on a Lot, which have a retail value for materials and labor equal to at least $500.00. Existing indigenous shrubs, trees, bushes and vegetation shall not be included within this requirement, nor shall ground cover, mulch, grass, sod or bed preparation. The Association may cure any default of this covenant in the manner provided in Article V hereof. 3.32 Construction and Sales Activities. Notwithstanding any provision herein to the contrary, this Declar.ation shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property, or the sale of any Lot thereafter. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. No building material of any kind shall be placed or stored upon any Lot until the Owner thereof is ready to commence Improvements, and then the material shall be placed within the property lines of the Lot upon which the Improvements are to be erected and shall not be placed on the street or on 10 any Wal pro tim the the resi Arc be : con Mai fron area inte; reas by a suff is ol be c com a ppr con Sta1 hon :o n !f te )f >e >e te s, ie >e ~e !S :d :h tg is ie in . ' Doc Bk Vol p3 00922528 OR 7251 171 any other part of the Property. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the Architectural Control Committee, provided that such waiver shall be only for the reasonable period of such construction. At such time as the Declarant ceases using any portion of the Property as a model home or sales office, the affected Property shall be altered and/or remodeled, if necessary or desirable, to comply with the covenants and restrictions contained herein. 3.33 Mailbox. 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 Architectural Control Committee. No metal post stands shall be permitted. Each mailbox shall be new when installed, constructed of durable steel or aluminum, and of a size and shape conforming to postal authority standards for single family residential postal depositories. Mailboxes shall be located on the curb in accordance with postal regulations. 3.34 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from streets on the Property shall be placed or permitted to remain on any corner Lot within the area defined by a line drawn between two points located forty ( 40') feet from the point of intersection of the street right-of-way property lines immediately adjacent to the Lot, as reasonably located by the Architectural Control Committee. Measurement shall be by chord, not by arc. No tree shall be permitted to remain within such areas, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. 3.35 Garages. Garages must be at least a two-car garage unless prior written approval is obtained from the Architectural Control Committee. No garage, or any portion thereof, may be converted into enclosed living space unless an alternative garage of at least equal size is constructed and the plans and specifications for the conversion and construction are first approved in writing by the Architectural Control Committee. 3.36 Windows and Doors. Doors and windows in any residence on any Lot shall comply with all the requirements of Article 5.33A, Section 6(a)(l) of the Insurance Code of the State of Texas, as it now exists, which provisions are sometimes called Standard I guidelines for home security, the "Safe Home" program. Those guidelines are as fo llows: (A) (B) (C) (D) Exterior doors must be solid core doors that are a minimum of 1 3/8 inches thick and must be secured by dead-bolt locks. All dead-bolt Jocks must lock with a minimum bolt throw of 1 inch that penetrates a metal strike plate mounted with 3 inch screws. Metal doors must be secured by dead-bolt Jocks. If glass is within 40 inches of a locking device, the lock must be key operated from both sides. Double doors must have the inactive door secured by header and threshold bolts that penetrate metal strike plates, and in case of glass located within 40 inches of header and threshold bolts, the inactive door must have the bolts flush-mounted in the edge of the door. 11 .- ' ! 1 • . I• I' I I -. ' . (E) (F) (G) (H) Sliding doors must be secured by secondary locking devices to pr~ve 1 lifting and prying. , n Dutch doors must have concealed flush-bolt locking devices to interlock upper and lower halves and must be secured by a dead-bolt lock. Garage doors must be equipped with key-operated locking devices. Windows must be secured by auxiliary locking devices (screws, weoden dowels, pinning devices, or key-operated locks), (I) Windows and doors must be clear of exterior shrubbery. If revisions are adopted in the statute referenced above by the Texas Legislature, such revisions may also be adopted herein, if such action is taken pursuant to Section 9.03 below. 3.37 Electronic Burglar Alanns. If any residence on any lot has an electronic burglar alann system, such system shall comply with all of the requirements of Article 5.33A, Section 6(a)(2) of the Insurance Code of the State of Texas, as it now exists, which provisions are sometimes called Standard II guidelines for home security, the "Safe Home" program. Those guidelines are as follows: (A) (B) (C) (D) All exterior structure openings are contacted (including non-opening windows). The system includes an interior and exterior siren. All equipment is U.L. approved and monitored by a U.L. approved central station. Sales, service, installation, and monitoring of the system are done in compliance with the Private Investigators and Private Security Agencies Act. 3.38 Room and Board Plans. No Owner shall permit any Lot or Improvement on any Lot to be used in whole or in part by tenants on rooming or boarding plans or contracts. Any single family lease must be approved by the Architectural Control Committee prior to taking of possession by any lessee. 3.39 Compliance with Provisions of Williams Creek Residential Restrictions. Each Owner shall comply strictly with the provisions of the Williams Creek Residential Restrictions as the same may be amended from time to time. Failure to comply with any of the Williams Creek Residential Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable ?Y the Board on behalf of the Association or by any aggrieved Owner. Declarant, for itself, its successors or assigns, reserves the right to enforce these restrictive covenants, though it rnay 12 ha' Pre to I all; els ext enJ in risl hai re~ or lffi fo1 an re~ . ter th( nu de rel th1 by us be th1 ex C< Irr Ai Pr C1 ot of g< is ar Vol 7251 Ii I ent lCk len 1ch :lar cle ow rne tng :ral in ies lllY .ny of 1ch >nS : ms ~~~ . ise by i~· 1ay . ' Do·: E'·k Vol p9 • 00922528 OR 7251 173 ' have previously sold and conveyed all subdivided Lots controlled by these covenants within the Property. The reservation of this right of enforcement shall not create an obligation of any kind to enforce the same. 3.40 No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article III or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to the extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance upon one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom. ARTICLE IV . RESIDENTIAL RESTRICTIONS 4.01 Residential Use. All Lots shall be improved and used solely for single family residential purposes inclusive of a garage, fencing and such other Improvements as are necessary or customarily incident to residential use. No Owner shall occupy or use his Lot or any improvements constructed thereon, or permit the same or any part thereof to be occupied or used for any purpose, including religious, other than as a private residence for the Owner, his family and guests. All Lots within the Property shall be used and improved solely for single family residential purposes, with no more than one (1) attached residential dwelling unit p er Lot. The . term "single family" as used in this Section 4.01 shall refer not only to the architectural design of the dwelling unit but also to the permitted number of inhabitants which is limited to a single nuclear family. A "single nuclear family" is any nwnber of persons related within the second degree of consanguinity or affinity, living with not more than one (1) person who is not so related as a single household unit and one household employee of such household unit. It is not the intention of DeclaraI1t to exclude from a homesite any individual who is authorized to remain by any state or federal law. Anything herein to the contrary notwithstanding, any Lot may be used or improved for greenbelt, open space and/or drain field purposes. No Improvement may be constructed upon any Lot that would unreasonably obstruct the view from other portions of the Property, and the positioning of all Improvements upon Lots within the Property is hereby expressly made subject to Architectural Control Committee review. The Architectural Control Committee may, but shall not be required to prevent or allow the construction of a proposed Improvement based upon the effect it will have upon the view from any particular Lot. The Architectural Control Committee may consider the effect the Improvement will have on the Property as a whole, it being expressly understood that neither the Architectural Control Committee nor the members thereof shall be liable to any Owner in monetary damages or otherwise due to the construction of any Improvement within the Property or the creating thereby of an obstruction to the view from such Owner's Lot or Lots. 4.02 Outbuildings. Every outbuilding, inclusive of such structures as a detached ~arage, storage building, greenhouse, or barns, shall be compatible with the dwelling to which it 15 appurtenant in terms of its design and material composition. All such buildings are subject to approval by the Architectural Control Committee. 13 I . I "I ' 1 ~ "lq ,j :. I ' j ': I·; HI 11' . ~I Do·: Bk 00922528 OR 4.03 Building Height. ~o Improve~ent g~eater than thirty-three (33_') feet in heiJr may be constructed on any Lot without the pnor wntten approval of the Architectural Control Committee. For purposes of this paragraph, height shall be measured from the foundation sl~b of the proposed Improvement to the ridge line of the roof of the proposed Improvement. ;;... ' 4.04 Building Materials, Dwelling Size. All single family dwellings shall be of · recognized standard construction quality, and all exteriors (exclusive of doors, windows, arid similar openings) shall be constructed at least eighty percent (80%) architectural masonry .~r other material specifically approved in writing by the Architectural Control Committee. Masonry includes ceramic tile, brick, rock and all other materials commonly referred to in the College Station, Texas area as masonry. Unless an exception is granted by the Architectural Control Committee, all single family dwellings in Williams Creek, Phase 3 shall contain notless than two thousand eight hundred (2800) square feet of enclosed living space for dwellinis constructed on Lots, in all cases exclusive of porches (open or covered), decks, garages and carports. The square footage of enclosed living space for residences on Lots in subsequent phases of development shall be determined by Declarant and set forth in an instrument to be recorded in the Official Records of Brazos County, Texas. Each residence built on a lot shall include an enclosed attached or detached garage or other structure sufficient to meet the requirements of Sections 3 .16 and 3 .27 above. 4.05 Construction in Place. The use of prefabricated materials, including antique homes moved from other locations, shall not be allowed. 4.06 Set-back Requirements. No building shall be located or erected nearer to any Lot line bordering a street right-of-way than the building line shown on the recorded plat of the Property subdivision section which includes such Lot. No building shall be located nearer than twenty (20') feet to any interior side Lot lines. No building shall be located nearer than fifty (50') feet from any front or rear Lot lines. ARTICLE V. WILLIAMS CREEK OWNERS ' ASSOCIATION 5.01 Organization. Declarant has caused the formation and incorporation of the Association as a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in the Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.02 Membership. Any Person or entity upon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the said property interest. 14 Voi 7251 ight trol ;lab : of and r or tee. the ural less .ngs and 1ent 1 be hall the 1que Lot ·the than fifty the and the .vise :ally with may :th er Pi , lli - .., Doc Bk Vol Pg 00922528 OR 7251 1 75 5.03 Voting Rights. The right to cast votes, and the number of votes which may be cast, for election of directors to the Board and on all other matters to be voted on by the Members shall be calculated as follows: (A) The Owner, whether one or more (including Declarant), of each Lot within the Property shall have one vote for each Lot so owned. (B) In addition to the votes to which Declarant is entitled by reason of Subparagraph (A) of this Section, (1) for every such vote Declarant shall have three (3) additional votes, and (2) for each part of the Property that has not been subdivided by plat recorded in the Official Records of Brazos County, Texas, Declarant shall have four (4) votes for each acre owned by Declarant. Declarant shall have the number of votes described in this Section 5.03(B) until such time as all of the Property has been subdivided by plat and eighty percent (80%) of the Lots have been transferred by Declarant (the "Transition Date"). Thereafter, Declarant shall have only the votes, if any, to which it is entitled under Subparagraph (A) of this Section. 5.04 Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit corporation, subject only to any limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two preceding sentences, the Association, and the Board acting on behalf of the Association, shall have the following powers and authority at all times: (A) (B) (C) (D) (E) Williams Creek Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact, such Williams Creek Rules and Bylaws, not in conflict with this Declaration, as it deems proper to address any and all aspects of its functions. Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonable, necessary or appropriate to carry out Association functions. Records. To keep books and records of the Association's affairs. Assessments. To levy Assessments as provided in Article VII below. Right of Entry and Enforcement. To enter at any time in an emergency, or in a non-emergency, after ten (10) days' written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon for the purpose of enforcing the Williams Creek Residential Restrictions or for the purpose of erecting, maintaining or repairing any Improvement to conform to the Williams Creek Residential Restrictions, and the expense thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered on and Improvements thereon, and shall be enforced in the same manner 15 .. and to the same extent as_ p:ovided in Article VII hereof for regular and special Assessments. The Associat10n shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of an Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or_ ~therwise, or to_ rest:mn and_ enjoin, any breach or threatened breach of the W1lhams Creek Residential Restnctions. The Association is also authorized to settle claims, enforce liens and talce all such action as it may deem necessary or expedient to enforce the Williams Creek Residential Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringin~ -suit against Declarant, its successors or assigns. (F) Legal and Accounting Services. To retain and pay for legal and accounting-- services necessary or proper for the operation of the Association. (G) Delegation to Committees. To set up one or more committees as authorized by the Texas Non-Profit Corporation Act, as the same is amended from time to time. (H) Employees. To engage such employees as may be reasonably necessary in the management of the Association and the performance of its duties. 5.05 Landscape and Maintenance. The Association shall be authorized to landscape, maintain and repair easements, right-of-way, common areas, entryways, sidewalks, paths, trails, detention ponds, lakes, and other areas of the Property, as appropriate. 5.06 Common Areas. (A) Subject to and in accordance with this Declaration., the Association, acting through the Board, shall have the following duties: (1) (2) (3) To accept, own, operate and maintain all Common Areas which may be conveyed or leased to it by Declarant, together with any Improvements of any kind or purpose located in said areas; and to accept, own, operate and maintain all other property, real and personal, conveyed or leased to the Association by Declarant; and to maintain in good repair and condition all lands, Improvements, and other Association property owned by or leased to the Association, whether by Declarant or by other Persons. To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any property owned by or leased to the Association to the extent that such taxes and assessments a.re not levied directly upon individual Members of the Association. The Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments. To execute mortgages, both construction and permanent, for construction of Improvements on property owned by or leased to the Association, and 16 ---------------------··--··----------- Doc e.k Vo I pg _J922528 OR 7251 177 to accept lands in Common Areas, whether or not improved, from Declarant subject to such mortgages or by assuming such mortgages. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner deemed appropriate by the borrower, whether Declarant or the Association. The mortgage or other security interest given to secure repayment of any borrower, whether Declarant or the Association, on the Improvement to be constructed, together with such underlying and surrounding lands as the borrower deems appropriate. The debt secured by such mortgage or other security instrument may be retired from and secured by the revenues generated by dues, use fees, assessments of Members, or otherwise, or any combination thereof, as may be deemed appropriate by Declarant or the Association, as the case may be, but subject to the limitations imposed by this Declaration. (B) In addition to , and not in limitation of, the power and authority of the Association as set forth in Section 5.04 of this Declaration, the Association, acting through the Board, shall have the power and authority: (1) To grant and convey portions of Association property, including fee title, leasehold estates, easements, right-of-way, and/or mortgages, to any person or entity for the purpose of constructing, erecting, operating or maintaining the following: (a) Parks, parkways or other recreational facilities or structures; (b) Roads, streets, walks, driveways, trails, and paths; ( c) Lines, cables, wires, conduits, pipelines or other means of providing utilities; (d) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and/or (e) Any similar public, quasi-public or .private Improvements. Nothing contained in this Subparagraph, however, shall be construed to permit use or occupancy of any Common Area or Improvements in a way that would violate applicable use and occupancy restrictions imposed by other provisions of this Declaration, or by any statute, rule, regulation, ordinance or other governmental entity, including but not limited to rules and orders of the Texas Water Development Board, Texas Water Commission, and any flood plain, industrial waste or other ordinance of the City of College Station. (2) To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for the property of the Association. 17 ~ 1 I I Doc Bk ~ 00922522 ~Vol -OR ~7251 (3) To pay for any other services necessary or proper in the performance f Association functions, and to pay for any other taxes or assessments that ; Association or the Board is required to secure or to pay for pursuant t e applicable law, the terms of this Declaration, or the Articles or Bylaws of th 0 A . . e ssoc1at1on . (4) To own and operate any and all types of facilities for both active and passive recreation. (5) To construct new Improvements or additions to Association properties, subject to the approval of the Architectural Control Committee as required in this Declaration. (6) To enter into contracts with Declarant and other persons, on such terms and provisions as the Board shall determine, to operate and maintain any of the Common Areas or to provide any service or perform any function on behalf of Declarant or the Association in connection with the purposes of the Association. (7) To acquire and own and to dispose of all manner of real and personal property, whether by purchase, grant, lease, gift or otherwise. (8) To merge with other associations having the same or similar purposes and objectives, or terms acceptable to the Board. 5.07 Agreement with City of College Station and County of Brazos. The Declarant, as the agent of the Association, or the Association, may enter into one or more agreements with the City of College Station or State of Texas or both, with respect to the landscaping and maintenance of portions of street right of way, or the dedication of any drainage basin, park or other common area within the property for municipal maintenance. The Association shall accept, without further requirement or documentation, said agreement and the requirements and benefits associated therewith, for any agreement reached by the Declarant. 5.08 Indemnification. The Association shall indemnify any director, officer, or member of a committee duly appointed pursuant to the Articles or Bylaws who was, or is threatened to be made a named defendant or respondent in any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative, or investigative, any appeal in such an action, suit, or proceeding, and any inquiry or investigation that could lead to such an action, suit, or proceeding (hereinafter a "Proceeding") by reason of the fact that such person is or was a director, officer or member of such a committee of the Association, against all judgments, penalties (including excise and similar taxes), fines, settlements, and reasonable expenses actually incurred by the person in connection with any such Proceeding to the fullest extent permitted by the Texas Non-Profit Corporation Act, as amended and in effect from time to time. Such authorization of indemnification shall be deemed to be mandatory and deemed to constitute authorization of indemnification and advancement of expenses to the fullest extent permitted by the Texas Non-Profit Corporation Act, as amended and in effect from time to time. 18 of the to the .ive ies, l in and the fof the mal and :, as the and <or hall and or .r is ~ted :ive, lead :uch tall able lies! 1e to d to :tent ne. Doo: Bk Vol P~ 00922528 DR 7251 179 ARTICLE VI. ARCHITECTURAL CONTROL COMMITTEE 6.01 Membership of Architectural Control Committee. The Architectural Control Committee shall consist of not more than three (3) voting members ("Voting Members") and such additional nonvoting members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Control Committee: Joseph Stevens Johnson, Janet May Johnson and Ashley Johnson Moses. 6.02 Action by Architectural Control Committee. Items presented to the Architectural Control Committee shall be decided by a majority vote of the Voting Members. 6.03 Advisory Members. The Voting Members may from time to time designate Advisory Members. 6.04 Term. Each member of the Architectural Control Committee shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed as provided herein. 6.05 Declarant's Rights of Appointment. Until the Transition Date described in Section 5.03, Declarant, its successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Control Committee, which persons need not be drawn from Association Members. Notwithstanding the preceding sentence, Declarant may delegate its right of appointment, or any portion thereof, to the Board by written instrument before such date. Whenever the Transition Date occurs, the Board shall have the right to appoint all Voting Members. At such time as the Board gains the right to appoint and remove Voting Members of the Architectural Control Committee, or any portion of th:is right, a majority of the Voting Members so appointed shall be drawn from Members of the Association. Advisory Members shall, when reasonably possible, be drawn from Members of the Association. 6.06 Adoption of Rules. The Architectural Control Committee may adopt such procedural and substantive rules and guidelines, not in conflict with this Declaration, as it deems necessary or proper for the performance of its duties, including, but not limited to a building code, a fire code, a housing code, and other similar codes. 6.07 No Builder can sell or trade lots to another party without prior approval of the Declarant or developer until June 29, 2009. 6.08 Architectural Control. No buildings, additions, modifications or improvements shall be erected, placed or performed on any Lot until the Builder Plans and Specifications have been submitted in duplicate and approved in writing by the Architectural Control Committee as hereinafter provided. Builders may submit their design plans as master design plans, which plans shall include all specifications, including specifications as to brick color and paint color, that may b~ used when build:ing each design. The Architectural Control Committee may, at its sole discretion, retain and/or delegate review of plans and specifications to a designated AIA architect or other such person or firm as may be designated by the Architectural Control Committee, 19 -------------..... ,_ .. _ l tli ~;;; _ Doc Bk -~ U0922528 OR 7~~~ p l experienced or qualified to review same, who may then render an opinion to the Architectural Control Committee. Approval of Plans and Specifications shall not cover or include approval for any other purpose and specifically, but without limitation, shall not be construed as any representation as to or responsibility for the structural design or engineering of the improvements or the ultimate construction thereof. In the event the Architectural Control Committee fails to approve such Plans and Specifications within thirty (30) days after the receipt thereof, they shall be deemed to be disapproved. The Architectural Control Committee or its assignee, at its sole discretion and to the extent wherein not expressly prohibited by this Declaration and any amended or supplemental declaration, is hereby permitted to approve in writing deviations in the general use restrictions set forth in Article III in instances where, in its judgment, such deviations wi-ll result in a more common beneficial use and enhance the overall development plan for the Property. The approval of a deviation in the general use restrictions by the Architectural Control Committee does not obligate the Architectural Control Committee to approve a similar deviation at a later time. Notwithstanding any other provision contained herein, any dwellings, additions, or improvements erected or placed on any Lot shall be deemed to comply with the building requirements of the Architectural Control Committee and related covenants contained in the Declaration unless the Architectural Control Committee so notifies the Owner otherwise in writing within four (4) years from the completion thereof. This provision, however, shall not be deemed a waiver of the right of the Architectural Control Committee or Declarant to enforce the continuing restriction of use contained herein. The Architectural Control Committee shall have the authority hereunder to require any Owner or Owner's agents or contractors to cease and desist in constructing or altering !!llY improvements on any Lot, where such actions have not first been reviewed and approved, constitute a violation of the Declaration, the building guidelines or any other documents promulgated by the Architectural Control Committee. The violating Owner shall remove such violating improvements or site work at its sole expense and without delay, returning same to its original condition or bringing the Lot into compliance with the Declaration, Architectural Control Committee documents and any plans and specifications approved by the Architectural Control Committee for construction on that Lot. This Declaration is notice of such approval requirements and, by purchasing a Lot, Owners hereby agree to bear the cost and expense to cure any violations according to these provisions, regardless of the substantial cost, time or loss of business involved. Written notice may be delivered to Owner or any agent or contractor with apparent authority to accept same and notice shall be binding on Owner as if actually delivered to Owner. · The Architectural Control Committee or its agents or assigns shall have the right, but n9t the obligation, to enter any Lot to detennine if violations of this Decl~ation, the building guidelines, or any other documents promulgated by the Architectural Control Committee exist. In so doing, the Architectural Control Committee shall not be subject to any liability for tresp8.!ls, other tort or damages in connection with or arising from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action. The Architectural Control Committee shall have the right to set reasonable time constraints for both the commencement and completion of construction, which constraints sh~l be no less than ninety (90) days to commence construction and twelve (12) months to complete 20 c c e a c n b n s. ( c ( c a a Ji a ~ [ c a ~ L c n n a A a: p p Vol 7251 .rral for any :nts ;; to hall >ole <led er al will the ttrol ti on ons, Eng the ~ in it be : the any any ved, 1ents such tural tural ·oval ense time arent ner. 1t not I ding :xist. pass, ,1 the time shall 1plete Doc Bk Vol P1 00922528 DR 7251 181 construction. If construction fails to start before the designated commencement date or is not completed before the designated completion date the plans shall be deemed not approved. The Architectural Control Committee has the right to charge a review fee, to be established by the Board of Directors, for review of any plans or specifications submitted for approval to the Architectural Control Committee. 6.09 Actions of the Architectural Control Committee. The Architectural Control Committee may, by resolution unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Control Committee. In the absence of such designation, the vote of a majority of all the members of the Architectural Control Committee taken without a meeting, shall constitute an act of the Architectural Control Committee. 6.10 No Waiver of Future Approvals. The approval or consent of the Architectural Control Committee of any Plans and Specifications for any work done or proposed, or in connection with any other matter requiring the approval or consent of the Architectural Control Committee, shall not be deemed to constitute a wavier of any right to v.-ithhold approval or consent as to any other Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 6.11 Work in Progress. The Architectural Control Committee may at its option inspect all work in progress to insure compliance with approved Plans and Specifications. 6.12 Nonliability of Architectural Control Committee Members. N either the Architectural Control Committee nor any member thereof shall be liable to the Association or to any 0\\11er or to any other person for any loss, damage or injury arising out of their being in any way connected with the performance of the Architectural Control Committee's duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Control Committee or its members, as the case may be. Neither the Architectural Control Committee nor any member thereof shall be liable to any Owner due to the construction of any Improvements within the Property, or the creation thereby of any obstruction of the view from such 0'W'l1er's Lot or Lots. 6.13 Address. Plans and Specifications shall be submitted to the Architectural Control Committee in care of the Association, or in care of such other person at such other address as may be designated by Declarant or the Board, as the case may be, from time to time. 6.14 Failure to Act. In the event the Architectural Control Committee or its designated representative fails to approve or disapprove any Plans and Specifications within ten (10) days after the same have been submitted to it, complete with all other information requested by the Architectural Control Committee in connection with such submission, approval shall be assumed. 6.15 Variances. Notwithstanding any other provision of the Declaration, in order to prevent undue hardship upon the O\N'Iler or O\N'Ilers of any individual Lot or Lots upon the Property, variance from any restrictions set out in this Declaration may be granted by a 21 -------------... Doc E'.k 00922528 OR ,, unanimous decision of the Architectural Control Committee in a written instrument to be dul acknowledged, if and when such a variance shall ever be granted. .,Y ,_~!('J · 6.16 Governmental Agency Approval. Nothing in this Declaration shall be con~eai to relieve any Owner from securing such approvals, certificates and/or permits as may_ be :- required by law in connection with the construction of any Improvements on any Lot. . '. 6.17 Relationship with Association. The Architectural Control Committee has bee~. created pursuant to this Declaration to perform certain functions specified herein relative to· tlie · review and approval of Plans and Specifications for Improvements built on the Property. The Architectural Control Committee does not exercise the authority of the Board, and shall nofCfct~ -. unless and until (i) the Board shall have duly appointed a majority of Board members to · tl{~". Architectural Control Committee, and (ii) the Board shall by unanimous resolution, d&iy~-~ -- recorded in the records of the Association, make the Architectural Control Comrnitteita committee of the Board in accordance with the Texas Non-Profit Corporation Act. 7.01 Assessments. ARTICLE VIL FUNDS AND ASSESSMENTS (A) The Association may from time to time levy Assessments against each Lot whether or not improved. The level of Assessments shall be equal and uniform among all Lots, provided, however, that no Assessments hereunder shall be levied against Declarant. (B) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date. · (C) Each unpaid Assessment together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment falls due, and shall become a lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article. 7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended. 7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Williams Creek Covenants, Conditions and Restrictions, including but not limited to the cost of all entry ways, landscaping, greenbelts, common areas, trails, median strip, and right-of-way maintenance, the cost of enforcing the Williams Creek 22 R1 re A ar g< ir A p: d le a p p d s c r Vol 7251 duly rued y be been ) the The fo so ) the duly :ee a 1 Lot Lots, ent of Jrated .t year >ts of of the md all nts in which iall be of the n time ar, the 1ear in ctions, . areas. Creek Doc Bk Vol Ps 00922528 OR 7251 18~- Residential Restrictions, and reasonable prov1s10ns for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's funds. Assessments sufficient to pay such estimated expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association on January 1st of each year. Assessments may be prorated at the discretion of the Board if a Lot is purchased during the year. No annual assessments shall be levied against the Declarant. 7 .04 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out its mandatory functions of the Association under the Williams Creek Covenants, Conditions and Restrictions. The amount and due date of any special Assessments shall be at the reasonable discretion of the Board. 7.05 Owner's Personal Obligation for Payment of Assessments. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such assessments. Except as otherwise provided in Section 7.0l(A) hereof, no Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from due date thereof (or if there is no such highest rate, then at the rate of 1-1 /2% per month), together with all costs and expenses of collection, including reasonable attorney's fees . 7.06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but paid, shall, together with interest as provided in Section 7.05 hereof and the cost of collection, including attorney's fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Ov.ner, and such Ov.ner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on purchase money mortgage lien(s) or purchase money deed(s) of trust filed of record, securing in either instance sums borrowed for the acquisition or improvement of the Lot in question. The Association shall have the authority to subordinate the aforesaid Assessment lien to any other lien. Such authority shall be entirely discretionary with the Board and such subordination shall be effectuated by an officer of the Association, duly authorized by the Board. To evidence an Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amoW1t of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien, and a description of the Lot. Such notice shall be signed and acknowledged by an officer of the Association, duly authorized by the Board, and shall be recorded in the Official Records of Brazos County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment ~comes delinquent, and may be enforced subsequent to the recording of a notice of Assessment !~en as provided above, by the foreclosure of the defaulting Owner's Lot by the Association in ike manner as a mortgage on real property, or the Association may institute suit against the 23 Do·: Bk V 00922528 O" 01 I\ 7251 Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid.Ii~ judicially. In any foreclosure proceeding the Owner shall be required to pay the costs, expense n and reasonable attorney's fees incurred by the Association. The Association shall have;, power to bid on the Property at foreclosure or other legal sale and to acquire, hold, leasee mortgage, _co_nvey or otherwise de8:1 with the same. Upon the written request of any Mortgagee: restri the Association shall report to said Mortgagee the status of any Assessments relating to the Dece Mortgagee's mortgage and remaining unpaid for longer than thirty (30) days after due. shall prov1 ARTICLE VIII. at le< EASEMENTS of re1 8.0 l Installation and Maintenance. Easements for installation and maintenan~ .. of utilities and drainage facilities are reserved as shown on the recorded plat. Within these.. 9.01 easements, if any, no structure or other material shall be placed or permitted to remain which Asso may damage or interfere with the installation and maintenance of utilities; or in the case of be d1 drainage easements, which may change the direction of flow of water through drainage channels Asso in such easements. The easement area of each Lot, if any, and all Improvements in such area acce1 shall be maintained continuously by the Owner of the Lot, except for those Improvements for assoc which the easements herein or referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants to shrubbery, streets or flowers or other property of the Owners situated on the land covered by said easements. 8.02 Surface Areas. The surface of easement areas for underground utility services may until be used for planting shrubbery, trees, lawns or flowers. However, neither the Declarant nor any effec supplier of any utility service using any easement area shall be liable to any Owner or to the instr! Association for any damage done by them or either of them, or their respective agents, instr employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity Deel reasonably relating to the construction, maintenance, operation or repair of any facility in any such easement area. Dec 8.03 Drainage Easements. Each Owner covenants to provide easements for drainage of a and water flow, as contours of land and the arrangement of Improvements approved by the sett Architectural Control Committee thereon require. Each Ov-mer further covenants not to disturb or enti displace any trees or other vegetation within the drainage easements as defined in this Sec Declaration and shown on the Plat. There shall be no construction of improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by the Architectural Control Committee. be ii shall 8.04 Blanket Easement. An easement is hereby retained in favor of the Association holic over all Lots and the Common Area for the purpose of enforcing the Williams Creek Residential addr Restrictions in accordance with Section 5.04(E) hereof, and for the construction of a common serv cable television system, a common sprinkler system, maintenance of landscaping, or any other such item for the common benefit of the Owners. An easement is further granted for the purpose of repairing and maintaining any such system so constructed. An entry upon any Lot or the Common Areas to effectuate the foregoing purposes shall not be deemed as trespass. Dec: 24 as p illeg Doc Bk Vol P9 00922528 OR 7251 185 ARTICLE IX. MISCELLANEOUS 9.01 Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until December 1, 2034, unless amended as herein provided, After December 1, 2034, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended as provided in Section 9.03 below or terminated by a written instrument executed by the Owners of at least three-fourths (3 /4) of the Lots within the Property then subject to this Declaration, filed of record in the Official Records of Brazos County, Texas. 9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above, the Association shall be dissolved. In the event of any such dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to any appropriate public agency to be used for purposes similar to those of the Association with respect to the Common Areas. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. 9.03 Amendment. (A) Bv Declarant. This Declaration may be amended by the Declarant, acting alone, until the Transition Date (defined in Section 5.03 ). No amendment by Declarant shall be effective until there has been recorded in the Official Records of Brazos County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment, and an instrument executed· and acknowledged by the Secretary of the Association, certifying that the Declarant had the requisite number of votes. (B) By Owners. After the Transition Date (defined in Section 5.03), this Declaration may be amended by the recording in the Official Records of Brazos County, Texas, of an instrument executed and acknowledged by the President and Secretary of the Association setting forth the amendment and certifying that such amendment has been approved by Owners entitled to cast at least sixty percent (60%) of the number of votes entitled to be cast pursuant to Section 5.03 hereof. 9.04 Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail it shall be deemed to have been delivered on the third (3'd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association. 9.05 Severability; Construction. If it is found that any provision contained in this Declaration is in violation of any law, then such provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law. The invalidity, illegality or unenforceability of any provision of this Declaration shall not affect any other term 25 Doc Bk 00922528 OR hs\ or provision hereof and the terms and provisions hereof shall thereafter be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein. IN WITNESS WHEREOF, Declarant has executed this Declaration as of this day of c::;o~ , 2006. //~ THE STATE OF TEXAS § COUNTY OF BRAZOS § JOHNSON INVESTMENTS, INC. BY CJ_,M'1!!. fib~ Name~ ET M. JOHNSO Title: Secretary / JI_; /)~ . This instrument was acknowledged before me on the / day of 'd-f!::/r.Ll; , 2006 by JANET M. JOHNSON, Secretary of JOHNSON INVESTMENTS, INC., a Texas corporation, on behalf of said corporation. BEVERLEY STONE MY COMMISSION EXPIRES Oc1ober 4, 2008 dr~.lufi-. c/__-h?z_e_,_ Notary Public, State -O~xas 26 ··- 'oi '.Si ,. l~ _, l.S Doc ol F'-9 00922528 0 -51 187 EXHIBIT "A" Williams Creek Subdivision -Phase 3 77.695 Acres Nathan Clampitt Survey, A-90 College Station , Brazos County, Texas Field notes of a 77.695 acre tract or parcel of land , lying and being situated in the Nathan Clampitt Survey, Abstract No . 90, College Station, Brazos County, Texas, and being part of the called 211.14 acre tract described in the deed from Jean Stephen Family No. Two, L.P. to Joe and Janet Johnson Land and Investments, L.P., as recorded in Volume 6041 , Page 136, of the Official Records of Brazos County, Texas, and said 77.695 acre tract being more particularly described as follows: BEGINNING at the Y," iron rod found marking the southeast corner of Lot 17, Block 1 of Williams Creek Subdivision -Phase 2 according to the plat recorded in Volume 6745, Page 149, of the Official Records of Brazos County, Texas, in the north right-of-way line of Johnson Creek Loop; THENCE N 00° 28' 42" E along the east line of the beforementioned Lot 17, Block 1, Williams Creek Subdivision -Phase 2, at a distance of 950.35 feet, pass a Yi" iron rod found for reference, continue on for a total distance of 1000.35 feet to the center of Carter's Creek (old channel -minimum flow), same being the northeasterly line of the beforementioned 211 .14 acre trat and same being the southwesterly line of the called 2366.04 acre tract described in Volume 1470, Page 88, of the Official Records of Brazos County, Texas; THENCE along the average centerline of Carter's Creek (old channel - minimum flow), same being the northeasterly line of the beforementioned 21 1.14 acre tract and same being the southwesterly line of the beforementioned 2366.04 acre tract, as follows: N 14° 57' 33" E N 50° 29' 28" E S 73° 54' 17" E S 89° 47' 00" E S 53° 18' 26" E S 77° 50' 04" E S 46° 02' 41 " E S 77° 54' 47" E S 45° 30' 28" E S 63° 29' 08" E S 46° 56' 25" E S 60° 52' 38" E S 50° 28' 43" E S 68° 50' 54" E S 64° 51' 26" E S 59° 38' 53" E for a distance of 124.33 feet, for a distance of 194. 84 feet, for a distance of 292 .91 feet, for a distance of 105.94 feet, for a distance of 140.00 feet, for a distance of 120.42 feet, for a distance of 263.11 feet, for a distance of 96.12 feet, for a distance of 88.71 feet, for a distance of 462.95 feet, for a distance of 139.35 feet, for a distance of 162.54 feet, for a distance of 205.93 feet, for a distance of 139.10 feet, for a distance of 246.62 feet, for a distance of 338.83 feet to the east corner of the 211 .14 acre tract at the intersection of the center of a creek (tributary to Carter's Creek), same being the north corner of the Johnson - called 116.81 acre tract, Volume 6578, Page 220, of the Official Records of Brazos County, Texas; THENCE along the meanders of said creek (tributary to Carter's Creek), same being the common line between the beforementioned 211 .14 acre and 116.81 acre tracts, as follows: s 54° 55' 35" w S 29° 05' 39" E s 15° 25' 45" w for a distance of 18.58 feet, for a distance of 8.54 feet, for a distance of 7.37 feet, Williams Creek Subdivision -Phase 3 77.695 Acres Nathan Clampitt Survey, A-90 College Station, Brazos County, Texas Continued -Page 2 for a distance of 17.94 feet, for a distance of 22.18 feet, for a distance of 17.39 feet, for a distance of 25.69 feet, for a distance of 21 .02 feet, for a distance of 23.17 feet, for a distance of 20.45 feet, for a distance of 15.82 feet, for a distance of 10.45 feet, for a distance of 30.38 feet, for a distance of 17.62 feet, for a distance of 16.24 feet, for a distance of 17.43 feet, for a distance of 14.53 feet, for a distance of 11 .53 feet, for a distance of 30.87 feet, for a distance of 18.71 feet, for a distance of 28.85 feet, for a distance of 13.22 feet, for a distance of 8.58 feet, for a distance of 48.37 feet, for a distance of 8.36 feet, for a distance of 43.18 feet, Doc Bk Vol p9 00922528 OR 7251 188 s 71° 12' 10" w s 38° 32' 01" w S 38° 43' 46" E s 15° 26' 25" w N 84° 24' 15" W s 05° 15' 36" w s 82° 18' 12" w S 19° 45' 48" E s 89° 13' 48" w s 65° 51' 29" w N 15° 32' 14" W N 49° 39' 38" W s 66° 58' 09" w N 26° 27' 22" W N 19° 59' 28" E N 58° 36' 30" W s 89° 15' 30" w N 54° 05' 30" W N 21° 36' 15" W s 50° 03' 51 " w N 61° 40' 55" W N 23° 27' 07'' W N 69° 11' 21" W N 79° 35' 16" W for a distance of 32.31 feet to a point where said creek flattens out and becomes indistinct, S 70° 36' 41 " W for a distance of 448.82 feet to a point where said creek becomes evident again, S 27° 42' 00" W for a distance of 11 .78 feet, S 17° 52' 56" W for a distance of 10.54 feet, s 05° 14' 22" E for a distance of 8.67 feet, S 46° 50' 57" E for a distance of 23,87 feet, N 75° 51' 24" W for a distance of 21 .30 feet, S 28° 23' 05" W for a distance of 29 .86 feet, S 45° 30' 44" W for a distance of 19.61 feet, S 30° 18' 45" W for a distance of 8.90 feet, S 31° 22' 36" E for a distance of 7.4 7 feet, S 06° 33' 47" E for a distance of 11.40 feet, S 28° 43' 29" W for a distance of 6.94 feet, S 55° 25' 09" W for a distance of29.86 feet, S 79° 51' 40" W for a distance of 9.79 feet, N 86° 54' 50" W for a distance of 12.43 feet, N 37° 05' 39" W for a distance of 4.45 feet, s 81° 47' 27" w for a distance of 7.57 feet, S 68° 48' 49" W for a distance of 10.98 feet, S 48° 17' 12" W for a distance of 13.55 feet, S 71° 37' 44" W for a distance of 18.01 feet, S 81° 25' 03" W for a distance of 7.85 feet, S 58° 35' 21" W for a distance of 11.88 feet, S 11° 35' 46" W for a distance of 11.51 feet, s 06° 25' 43" W for a distance of 8.06 feet, S 34° 25' 38" W for a distance of 9.73 feet, S 36° 42' 01" W for a distance of 11.95 feet, S 48° 03' 30" W for a distance of 24.23 feet, S 25° 42' 38" W for a distance of 7.58 feet, Williams Creek Subdivision -Phase 3 77.695 Acres Nat Col Cor v.. 7~ N c Nathan Clampitt Survey, A-90 Do•: 00922528 College Station, Brazos County, Texas Continued -Page 3 s 16° 23' 16" w S 02° 47' 22" E S 18° 44' 16" E s 15° 00' 26" w s 42° 11' 57'' w s 49° 45' 47" w s 88° 05' 07'' w s 81° 57' 42" w s 52° 19' 29" w S 09° 55' 05" E S 37° 57' 45" E S 57° 31' 37" E N 89° 06' 27" E N 67° 43' 01" E S 89° 07' 08" E S 25° 46' 07'' E S 11° 43' 38" E s 44° 06' 00" w N 81° 13' 52" W N 40° 15' 56" W N 17° 29' 02" E N 61° 36' 30" W s 66° 38' 34" w s 16° 28' 45" w S 25° 43' 12" E S 48° 37' 22" E S 34° 22' 09" E s 22° 25' 02" w S 19° 36' 48" E S 59° 39' 36" E s 46° 40' 44" w s 30° 08' 23" w S 37° 15' 18" E S 72° 44' 58" E S 14° 10' 53" E s 15° 10' 37" w S 05° 02' 18" E s 08° 39' 09" w s 57° 44' 51" w s 57° 48' 34" w s 26° 34' 00" w s 49° 04' 38" w s 32° 01' 24" w S 36° 06' 54" E S 60° 32' 48" E N 66° 55' 54" E S 20° 12' 40" E s 25° 06' 18" w s 44° 16' 41 " w for a distance of 24.09 feet, for a distance of 8.14 feet, for a distance of 12.75 feet, for a distance of 7.50 feet, for a distance of 17. 79 feet, for a distance of 9.99 feet, for a distance of 8.30 feet, for a distance of 10.85 feet, for a distance of 11 .19 feet, for a distance of 11 .50 feet, for a distance of 8.38 feet, for a distance of 8.74 feet, for a distance of 7.48 feet, for a distance of 18.54 feet, for a distance of 6.11 feet, for a distance of 52.13 feet, for a distance of 12.01 feet, for a distance of 18.86 feet, for a distance of 13.59 feet, for a distance of 9.17 feet, for a distance of 19.05 feet, for a distance of 7 .15 feet, for a distance of 13. 70 feet, for a distance of 35.23 feet, for a distance of 18. 79 feet, for a distance of 25.48 feet, for a distance of 12.94 feet, for a distance of 23.07 feet, for a distance of 25.08 feet, for a distance of 36.53 feet, for a distance of 16.62 feet, for a distance of 73. 75 feet, for a distance of 28.20 feet, for a distance of 10.94 feet, for a distance of 26.56 feet, for a distance of 24.49 feet, for a distance of 13.58 feet, for a distance of 9.53 feet, for a distance of 11 .12 feet, for a distance of 14.62 feet, for a distance of 18.49 feet, for a distance of 15. 90 feet, for a distance of 33.20 feet, for a distance of 9.58 feet, for a distance of 29.79 feet, for a distance of 10.45 feet, for a distance of 13.36 feet, for a distance of 14 .13 feet, for a distance of 34.73 feet to the northeast corner of Lot 4 7, Block 1, of Williams Creek Subdivision, Phase 4 according to the plat recorded in Volume 7118, Page 119, of the Official Records of Brazos County, Texas; Williams Creek Subdivision -Phase 3 77.695 Acres Nathan Clampitt Survey, A-90 College Station, Brazos County, Texas Vol f-'9 7251 1B9 .. Doc B~ Vol pg (11)922528 OR 7251 191) Continued -Page 4 THENCE along the north line of Block 1, Williams Creek Subdivision -Phase 4, as follows: N 86° 00' 20" W at a distance of 20.00 feet, pass a Yi" iron rod found for reference, continue on for a total distance of 191 .26 feet to a Yi" iron rod found for angle point comer, N 88° 34' 14" W for a distance of 240.68 feet to a W' iron rod found for angle point corner, N 83° 19' 56" W for a distance of 482.49 feet to a Yi" iron rod found for angle point corner, S 76° 01' 00" W for a distance of 376.42 feet to a Yi" iron rod found at the southeast corner of Lot 33 , Block 1 of Williams Creek Subdivision -Phase 2 according to the plat recorded in Volume 6745, Page 149, of the Official Records of Brazos County, Texas; THENCE along the easterly lines of the beforementioned Williams Creek Subdivision -Phase 2, as follows: N 06° 39' 55" W s 83° 20' 05" w N 07° 27' 21" W s 84° 26' 29" w N 00° 52' 55" E N 06° 12' 17" E N 83° 47' 43" W Prepared 03/23/06 kes05-dvdlwtlllams creek ph3 -n .695ac.wpd at a distance of 268.01 feet, pass a Yi" iron rod found at the northeast corner of said Lot 33 , Block 1, Williams Creek Subdivision -Phase 2, in the south right-of-way line of Johnson Creek Loop (70' right-of-way), continue on across said Johnson Creek Loop for a total distance of 338.01 feet and corner in the north right-of-way line of Johnson Creek Loop, along the north right-of-way line of Johnson Creek Loop for a distance of 29.29 feet to a Y," iron rod found marking the southeast corner of Lot 20, Block 3, of Williams Creek Subdivision - Phase 2, for a distance of 300.34 feet to a Y," iron rod found at the northeast corner of Lot 20, for a distance of 237 .15 feet to a Yi" iron rod found at the southeast corner of Lot 7, Block 3, of Williams Creek Subdivision -Phase 2, for a distance of 345.01 feet to a Yi" iron rod found at the northeast comer of Lot 7, in the south right-of-way line of Johnson Creek Loop, across Johnson Creek Loop for a distance of 70 .00 feet and corner in the north right-of-way line of Johnson Creek Loop, along the north right-of-way line of Johnson Creek Loop (70' right-of-way) for a distance of 9.54 feet to the PLACE OF BEGINNING, containing 77.695 acres of land, more or less. ""'ll;,;:;.,,,,...,.,..,. __________ ~cITY oF co~GE SrATIONJ _________ ,.,.,....,.,,.,....,.1111 .. Home o/Texas A&M University" ,. MEMORANDUM DATE: February 16, 2015 TO: Heath Townsend, via; heath@heathtownserrefuomes.com FROM: Rachel Lazo, Planning Technician SUBJECT: WILLIAMS CREEK PH 3 LOT 13R BLK 3 (FP-RE 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. Please address the comments and submi~ the follo'A'.in~ informa.tion for further staff review ~-seMed uled fur 8 fuk:lr:e Plannin9'Yl 0 Pt 2 <&Zoning C9mm1ss10F1 1"1'1eet1Rg: One (1) 24"x36" copy of the revised final plat; One (1) Mylar original of the revised final plat (required after Staff approval); and One (1) copy of the digital file of the final plat on diskette or e-mail to: pdsdigitalsubmittal@cstx.gov. 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 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 Planning & Development Services P .0. BOX 9960 • 110 I TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: Williams Creek Ph 3 Lot 13r Blk 3 (Fp-Re (15-00900022) PLANNING 1. Please note that 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. 2. Please change all references of "Replat" to indicate "Minor Replat" plat. 3. Please change Certificate of Planning and Zoning Commission to Certificate of City Planner. Reviewed by : Rachel Lazo Date: February 9, 2015 ENGINEERING COMMENTS NO. 1 1. Add a note regarding requirement for compaction of fill or engineered slab if the foundations of the lot requires a fill of greater than 2 feet. Reviewed by: Kevin Ferrer Date: February 9, 2015 SANITATION 1. Sanitation is ok with this project. Reviewed by: Wally Urrutia Date: January 29 , 2015 DATE: TO : FROM: C ITY OF C m.LEGE STATION Home ofTexasA&M University" =---l!Oll&llillllll!llll_.~l!lllBI'""~..,...., cwt (£) MEMORANDUM January 27, 2015 Heath Townsend, via; heath@heathtownsendhomes.com / Rachel Lazo, Planning Technician SUBJECT: WILLIAMS CREEK PH 3 LOT 13R BLK 3 (FP-RE Thank you for the submittal of your Final Plat -Residential application. Kevin Ferrer, Graduate Engineer, 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 Tuesday, February 10, 2015. If you have questions in the meantime, please feel free to contact us. PC: Kerr Surveying , LLC, via; louise.barker@suddenlinkmail.com / P&DS Project No. 15-00900022 Pla11ni11g & Development Services P.O. BOX 9960 • 1101 TT-:XAS AVENUE· COllEGE STATION · TEXAS • 77842 TEL. 9797 64.3570 ·FAX. 979.764.3496 cst><.gov/devservices WILLIAMS CREEK PH 3 BLOCK 3 LOT 13R FINAL PLAT -REPLAT 3 Scale = 1: 124 (Feet) 1 N 86° 49' 47" W 50.68 2 N 06° 11' 35" W 294.23 3 N 08° 07' 23" E 213.73 / 2 / 4 S 55° 03' 09" E, ch 412.89, r 615 R 5 s 46° 38' 13" w 393.79 N t~~-----L--L__" --23 8 \ \ 9 \ Zoni ng Districts R E RS GS R-1B D T RUlal Estete: R Hltiet d Su bu b•n Gene al Subu ban Single Family Residential Duplex Townhousa 10 18R 32 11 R -4 R-6 MKP 0 SC GC Cl BP ~ DEVELOPMENT REV IEW 12 31 Multi-Famliy High Density Multi-Family M1nuf1cture:d Home P81 Offlc• Suburban Comme1cial General Commercial Commercia~lndustrial Business Put BPI NAP C-3 M-1 M-2 C -U R& 0 P-MUD 28 Business Pa Indus trial Natur al Ate as Protected L.ight Commt1cial L.IQ t'lt lndutttlll H.avy lndu11Ji al C"O lleg e and U n iv ers ity Research and Development ' Planned Mixe-d-Use Development \ \ - WI LLI AMS CREEK PH 3 Case: 15-22 24 25 26 BLOCK 1 f 27 - POD WPC G-1 G-2 G-3 ov ROD KO # -200 FT Notification Planned Dl!'lielopment Disllrict Wolf Pen Creelt Dev. Conidor Core orthg1te Tt1ntition1 I N«lt'!g1t Residential N«thgate Co id or Ovs lay Redevelopment District Krene!i: Tap Overlay Fl NA L PLAT -RE PLAT WILLIAMS CREEK PH 3 Case: FINA L PLAT -REPLAT DEVELOPMENT REVIEW 15-22