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HomeMy WebLinkAbout09-00500162- 000741900 r O Application for Gateway Grant Funding 01 - I VP- Applicant: Switzer Deason - President University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party responsible for completion and maintenance of all work associated with the project.) The two other Board Members of the Association are Hunter Goodwin and Brian Owens. If there are questions and Switzer Deason is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone: 979.764.7640 Description/definition of neighborhood and/or Home Owner's Association: UPOA is a nonprofit corporation, registered with the IRS (Taxpayer ID 68-0583968) and with the Texas Secretary of State (Taxpayer ID 32007203972). UPOA is owned and controlled by the 25 lot owners in University Preserve Subdivision. UPOA is responsible for landscaping and maintaining the entry way, interior streets, right of way (ROW), street lighting, storm sewer system, and approximately three acres of common area (including ROW, streets and a one acre recreational area) in University Preserve Subdivision. UPOA's by laws and deed restrictions are filed with Brazos County and the State of Texas. (Current State of Texas filing correspondence prepared by the Association's CPA is enclosed.) Description of Gateway concept (is ROW involved?): The entryway for University Preserve (from Munson Avenue on to Lyceum Court) is a 50 ft wide 500 ft long roadway boundaried on each side by 5 ft high brick walls for the first 60 ft and by 6 ft high wooden fences on the remaining 440 ft. of entryway. The first 25 ft of the entryway is Munson ROW, and on the entire 500 ft entryway there is ROW for water and sewer provided by the City of College Station. The entryway and entire University Preserve Subdivision is a major beautification and revitalization of the surrounding older residential area deemed a "Moratorium Area" by the City of College Station. The residential area surrounding University Preserve is comprised mainly of older homes built in the 1940's and 1950's; and a large number of these homes are owned and occupied by senior citizens. However, a significant portion of the surrounding residential areas that extend east and west of Munson Avenue is experiencing increased acquisition by "landlords", who perform minimal home and yard maintenance for rental to low-income tenants. The single-family homeowners in University Preserve believe the subject grant application helps implement programs needed to make an area the "strong and sustainable neighborhood" that is critical for the neighborhood to remain a desirable building block for our city. 0 0 The following is a quotation from Bob Cowell, Director the City's Planning and Development Services. "Neighborhoods are where we live, raise our families, and socialize with our friends and neighbors. In many ways, our city is only as strong and sustainable as our neighborhoods. Our neighborhoods are a collection of varying housing types with an increasingly diverse occupancy composition. Strong and sustainable neighborhoods are too important to leave to piece-meal solutions implemented to address what is portrayed as the current crisis. Strong and sustainable neighborhoods demand the best we have to offer cc Does the applicant desire participation by the City in funding the improvement described? Yes: XXX No Along with completing this application, the applicant is required under the Council approved policy to provide the signatures of at least 60% of the members of defined neighborhood and/or Home Owner's Association supporting this development. Signatures of more than 60% of the homeowners in University Preserve are attached. Application for Public Improvement Permit (PIP) Applicant: Switzer Deason - President University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party responsible for completion and maintenance of all work associated with the project.) The two other Board Members of the Association are Hunter Goodwin and Brian Owens. If there are questions and Switzer Deason is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone 979.764.7640 Identify the type of work to be performed: Electrical Master Electrician Irrigation system Master Irrigator Demolition Structural Contractor XX Wood fence *Structural Contractor: Aggieland Fence Staining to re-stain 100 ft. of wooden fencing on both sides of entryway - cost estimated at $3 per linear foot $600 o r_. Application for Gateway Grant Funding Applicant: Switzer Deason - President University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party responsible for completion and maintenance of all work associated with the project.) The two other Board Members of the Association are Hunter Goodwin and Brian Owens. If there are questions and Switzer Deason is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone: 979.764.7640 Description/definition of neighborhood and/or Home Owner's Association: UPOA is a nonprofit corporation, registered with the IRS (Taxpayer ID 68-0583968) and with the Texas Secretary of State (Taxpayer ID 32007203972). UPOA is owned and controlled by the 25 lot owners in University Preserve Subdivision. UPOA is responsible for landscaping and maintaining the entry way, interior streets, right of way (ROW) , street lighting, storm sewer system, and approximately three acres of common area (including ROW, streets and a one acre recreational area) in University Preserve Subdivision. UPOA's by laws and deed restrictions are filed with Brazos County and the State of Texas. (Current State of Texas filing correspondence prepared by the Association's CPA is enclosed.) Description of Gateway concept (is ROW involved?): The entryway for University Preserve (from Munson Avenue on to Lyceum Court) is a 50 ft wide 500 ft long roadway boundaried on each side by 5 ft high brick walls for the first 60 ft and by 6 ft high wooden fences on the remaining 440 ft. of entryway. The first 25 ft of the entryway is Munson ROW, and on the entire 500 ft entryway there is ROW for water and sewer provided by the City of College Station. The entryway and entire University Preserve Subdivision is a major beautification and revitalization of the surrounding older residential area deemed a "Moratorium Area" by the City of College Station. The residential area surrounding University Preserve is comprised mainly of older homes built in the 1940's and 1950's; and a large number of these homes are owned and occupied by senior citizens. However, a significant portion of the surrounding residential areas that extend east and west of Munson Avenue is experiencing increased acquisition by "landlords", who perform minimal home and yard maintenance for rental to low-income tenants. The single-family homeowners in University Preserve believe the subject grant application helps implement programs needed to make an area the "strong and sustainable neighborhood" that is critical for the neighborhood to remain a desirable building block for our city. 0 0 The following is a quotation from Bob Cowell, Director the City's Planning and Development Services. "Neighborhoods are where we live, raise our families, and socialize with our friends and neighbors. In many ways, our city is only as strong and sustainable as our neighborhoods. Our neighborhoods are a collection of varying housing types with an increasingly diverse occupancy composition. Strong and sustainable neighborhoods are too important to leave to piece-meal solutions implemented to address what is portrayed as the current crisis. Strong and sustainable neighborhoods demand the best we have to offer. - . " Does the applicant desire participation by the City in funding the improvement described? Yes: XXX No Along with completing this application, the applicant is required under the Council approved policy to provide the signatures of at least 60% of the members of defined neighborhood and/or Home Owner's Association supporting this development. Signatures of more than 60% of the homeowners in University Preserve are attached. Application for Public Improvement Permit (PIP) Applicant: Switzer Deason - President University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party responsible for completion and maintenance of all work associated with the project.) The two other Board Members of the Association are Hunter Goodwin and Brian Owens. If there are questions and Switzer Deason is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone 979.764.7640 Identify the type of work to be performed: Electrical Master Electrician Irrigation system Master Irrigator Demolition Structural Contractor XX Wood fence *Structural Contractor: Aggieland Fence Staining to re-stain 100 ft. of wooden fencing on both sides of entryway - cost estimated at $3 per linear foot $600 I o 0 State whether applicant intends to pursue City participation in the funding of these improvements and describe: Yes, the application seeks City participation in funding the above entry improvements. Identify the following: The total valuation of the work: current estimate is $6,067.10 The total square footage of the site: 3,000 sq. ft. (60 linear ft.) at the front of the 250,000 sq. ft. that comprises the entire 500 ft of roadway entry The total linear feet of water lines crossing under paved road: these cross under the entire 500 ft of entryway The party responsible for maintenance: University Preserve Owners Association, Inc. Switzer Deason, President Address: 1017 Lyceum court; College Station, TX 77840 Phone 979.764.7640 (if party is a group, please provide information for contact person) Estimated cost of future relocation of improvements: approximately $5,000 every four years Attach 4 copies of a facility layout plan, which may include the following: Location, identification, and dimensions or ROW and pavement edge/curb Location of all proposed improvements Location of all public utilities (existing) - dimensioned from right-of-way or back of curb, material, size Four copies of each of the following plats are enclosed: (1) Complete plat of University Preserve Subdivision approved by the City of College Station May 7, 2004; and (2) Plat of the entryway that is to be re-landscaped by "Landscape Expressions" J X-j Signatures of 60% of members supporting the gateway development: Signatures i Address 9 l~~L 0 ( kwatk X013 ~e~ CY 1,0A 1 C COLS- . tin y ~T /o x'O /,Ve9 Phone ~-G 4 -;;1-4 f e- ° ols~-2, S 6 -6 S5 Sys- Z.~zy 3 eZ-3 A o 0 (*Or" CITY OF COLLEGE STATION Neighborhood Services Neighborhood Partnership Program Registration Please return this registration form, a copy of the association's bylaws, and a roster of associations officers to the City of College Station, Neighborhood Services, P.O. Box 9960, College Station, 7X 77842, Fax: 979-764-3496, Phone: 979-764-6262. Date: August 14, 2008 Association/Club Name: University Preserve Owners Association, Inc. (UPOA) ❑ Neighborhood Association - A voluntary organization of residents. XX Home Owners' Association - Legal entity operating under State regulation. ❑ Block Club ❑ Other: Describe the geographic boundaries of your association? (North, South, East, West) UPOA/University Preserve Subdivision is comprised of approximately 12 acres and enclosed interiorly located within the following streets: Munson (on the West), Dominik (on the South), Westover (on the East) and Holt (on the North). Access to the subdivision is from the East on Munson. How many households are served by this association: 25 When and how often will neighborhood meetings be held? Annually, plus special call meetings In what month will new officers be elected? January Association's Internet web site: (no website) Staying Connected through Neighborhood Partnerships. t o 0 The Neighborhood Services Office requests each association to identify a primary who will serve as staffs first point of contact concerning neighborhood issues. This contact may be changed at any time. Establishing a first point of contact is strictly for efficiency in disseminating information. Neighborhood Services welcomes any association member or College Station resident to contact our staff at any time. Primary Contact: whose contact information for first point of contact: Name Switzer Deason Title: President Address: 1017 Lyceum Court, College Station, TX 77840 E-mail: switzerdeason@msn.com Phone number where you may be reached during business hours: 979.575.6248 Home Phone: 979.764.7640 Please attach the following: ■ Roster of all association/club board members who are willing to have their contact information made public. Listing committee chairs is optional. Individuals are invited to list phone, email, and physical mailing address. (BOARD MEMBERS DO NOT WISH THEIR NAMES TO BE MADE PUBLIC) ■ Copy of current association bylaws. (ENCLOSED) If applicable, identify person in charge of the Newsletter and/or web site: (A NEWSLETTER IS NOT PREPARED CURRENTLY) Name Title: Address Zip E-mail: Phone number where you may be reached during business hours: Home Phone: Association website address: Association and clubs are encouraged to send their newsletters to Neighborhood Services. Staying Connected through Neighborhood Partnerships. O Landscape Expressions P.O. Box 4274 Bryan, TX 77805-4274 979-229-4637 BILL TO: University Preserve Owners Assn. Inc. 1017 Lyceum C.S.. TX 77840 0 ESTIMATE DATE ESTIMATE # 12/20/2007 395 SHIP TO: University Preserve Owners Assn. Inc. 1017 Lyceum C.S., TX 77840 General P.O. NUMBER TERMS PROJECT Entryway On Receipt QUANTITY ITEM CODE DESCRIPTION UNIT PRICE AMOUNT 5.00 pit Ligustrum Waxleaf 'Pyramid'- 15 gal $125.00 $625.00 15.00 pit Iris Bicolor - 3 gal $12.50 $187.50 22.00 pit Roses Knock Out - 3 gal $17.50 $385.00 19.00 pit Hawthorn Clara - 5 gal $13.25 $251.75 45.00 pit Mixed Perennial - 1 gal $3.75 $168.75 6.00 mat Organic Bedmix - cubic yard $26.00 $156.00 80.00 mat Shredded Hardwood Mulch - bag $1.95 $156.00 3.50 mat St. Augustine Sod Installed/ per pallet $100.00 $350.00 1.00 serv Irrigation System $1,200.00 $1,200.00 1.00 misc Labor $1,700.00 $1,700.00 Sales tax at 8.25% $287.10 TOTAL $5,467.10 r O Masonry fence *Structural Contractor XX Sign(s) *Sign Contractor: Steephollow Forge Works -to fabricate "I initials to be mounted on entry gates to enhance entry appearance THIS WORK WAS COMPLETED AND PAID BY THE SUBDIVISION IN JANUARY 2008 AND EXCLUDED FROM THIS GRANT RQUEST Fagade Structural Contractor Awning Structural Contractor Cafe *Structural Contractor Canopy *Structural Contractor Benches Bike racks XX Landscaping *Landscape Architect/Company: Landscape Expressions - to restore dead and/or unattractive entry landscaping - cost quote of $5,467.10 enclosed XX Entry Gates Structural Contractor: Texas Truck Riggins - to sandblast and repaint entry gates using baked on "powder coat" process THIS WORK WAS COMPLETED AND PAID BY THE SUBDIVISION IN MARCH 2008 AND IS EXCLUDED FROM THIS GRANT REQUEST. Waterway Alterations Design Engineer Other (please describe): Identify party to perform this work: person acting as general contractor for above work is the President of UPOA, Switzer Deason * starred items may not require that structural contractors, sign contractors, or landscapers perform the work - contact applicable City Departments for determination DESIGN REVIEW BOARD STAFF REPORT X Project Manager: Jennifer Prochazka, Sr. Planner Report Date: August 19, 2009 Email: jprochazka(cDcstx.gov Meeting Date: August 28, 2009 For University Preserve Gateway Grant (09-00500162) Item: Presentation, possible action, and discussion regarding a Gateway Grant proposal for the University Preserve Subdivision located at the intersection of Lyceum Court and Munson Avenue. Zoning District: R-1 Single-Family Residential Location: 1017 Lyceum Court Applicant: Switzer Deason, President of the University Preserve Owners Association, Inc. (UPOA) Item Summary: The applicant has proposed to replace the landscaping and irrigation system at the entrance to the University Preserve subdivision and re-stain approximately 100 feet of wooden fencing along both sides of the entryway. The improvements will begin at the Munson Avenue right-of-way and will extend along the private right-of-way, Lyceum Court. The proposed landscape material includes Ligustrum Waxleaf "Pyramid," Iris Bicolor (perennial), Knock Out Rose, Hawthorn Clara, and mixed perennials. All are acceptable plants for USDA Hardiness Zone 8. The Ligustrum and Hawthorn are included in the City's approved list for screening and buffer shrubs, while the Rose is considered more decorative. Generally, a minimum of 250 landscape points are required to be installed for each Area Identification or Subdivision sign. The proposed plantings provide 240 points (19 Hawthorns at 10 points each and 5 Ligustrums at 10 points each). The subdivision currently has one Area Identification sign. Issues/Items for Review: The Design Review Board will determine each proposed gateway projects' compliance with the City of College Station's landscape, streetscape, signage, and private improvement in the public right-of-way regulations as set forth by the Unified Development Ordinance, and evaluate proposals based on the following criteria: Gateway developments shall have good scale and be in harmonious conformance with the neighborhood. The following is a quotation from Bob Cowell, Director the City's Planning and Development Services. "Neighborhoods are where we live, raise our families, and socialize with our friends and neighbors In marry ways, our city is only as strong and sustainable as our neighborhoods: Our neighborhoods are a collection of varying housing types with an increasingly diverse occupancy composition. Strong and sustainable neighborhoods are too important to leave to piece-meal solutions implemented to address what is portrayed as the current crisis. Strong and sustainable neighborhoods demand the best we have to ofer " Does the applicant desire participation by the City in funding the improvement described? Yes: XXX No Along with completing this application, the applicant is required under the Council approved policy to provide the signatures of at least 60% of the members of defined neighborhood and/or Home Owner's Association supporting this development. Signatures of more than 60a/o of the homeowners in University Preserve are attached. Application for Public Improvement Permit (PIP) Applicant: Switzer Deason - President - University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party responsible for completion and maintenance of all work associated with the project.) The two other Board Members of the Association are fhr ter Goodwin and Brian Owens. If there are questions and Switzer Deacon is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone 979.764.7640 Identify the type of work to be performed: Electrical Master Electrician Irrigation system Master Irrigator Demolition Structural Contractor XX Wood fence *Structural Contractor: Aggieland Fence Staining - to re-stain 100 ft. of wooden fencing on both sides of entryway - cost estimated at $3 per linear foot $600 • • The following is a quotation from Bob Cowell, Director the City's Planning and Development Services. "Neighborhoods are where we live, raise our families, and socialize with our friends and neighbors In marry ways, our city is only as strong and sustainable as our neighborhoods Our neighborhoods are a collection of varying housing types with an increasingly diverse occupancy composition. Strong and sustainable neighborhoods are too important to leave to piece-meal solutions implemented to address what is portrayed as the current crisis Strong and sustainable neighborhoods demand the best we have to o,,8er " Does the applicant desire participation by the City in funding the improvement described? Yes: XXX No Along with completing this application, the applicant is required under the Council approved policy to provide the signatures of at least 60% of the members of defined neighborhood and/or Home Owner's Association supporting this development. Signatures of more than 60'/0 of the homeowners in University Preserve are attached. Application for Public Improvement Permit (PIP) Applicant: Switzer Deason - President - University Preserve Owners Association, Inc. (UPOA) (The applicant is defined as the party respomible for completion and maintenance of all wmk associated with the project.) The two other Board Members of the Association are Hurler Goodwin and Brian Owens. V there are questions and Switzer Deason is out of town, please feel free to contact Messrs. Goodwin or Owens. Applicant's Address: 1017 Lyceum Court; College Station, TX 77840 Applicant's Phone 979.764.7640 Identify the type of work to be performed: Electrical Master Electrician Irrigation system Master Irrigator Demolition Structural Contractor XX Wood fence *Structural Contractor: Aggieland Fence Staining - to re-stain 100 ft. of wooden fencing on both sides of entryway - cost estimated at $3 per linear foot - $600 o~ Signatures of 60% of members supporting the gateway development. 0 7 Signatures Address Phone 0( - I013 ~cegp &y 6, s3-2y 100 1108 ltaAcrV~-, 6(- IT) 10 :94e I AA "A C 16 ? D "Q F 0/.S- , ~;NCw-zy ~ CT- 1016 k6euw, -I<Ti ~otv,4l3, ioi0 1 vAy~Oi 4,d / 0, C9,? 4? 3- "(Y' W 9~ ~'a 7d 6 -6 S5 Sys-ZS-zy ~a 3-6ez3 1140 - ~G -Y D 11 4 0 0 The Neighborhood Services Office requests each association to identify a primary who will serve as staffs first point of contact concerning neighborhood issues. This contact may be changed at any time. Establishing a first point of contact is strictly for efficiency in disseminating information. Neighborhood Services welcomes any association member or College Station resident to contact our staff at any time. Primary Contact: whose contact information for first point of contact: Name Switzer Deason Title: President Address: 1017 Lyceum Court, College Station, TX 77840 E-mail: switzerdeason@msn.com Phone number where you may be reached during business hours: 979.575.6248 Home Phone: 979.764.7640 Please attach the following: ■ Roster of all association/club board members who are willing to have their contact information made public. Listing committee chairs is optional. Individuals are invited to list phone, email, and physical mailing address. (BOARD MEMBERS DO NOT WISH THEIR NAMES TO BE MADE PUBLIC) ■ Copy of current association bylaws. (ENCLOSED) If applicable, identify person in charge of the Newsletter and/or web site: (A NEWSLETTER IS NOT PREPARED CURRENTLY) Name Title: Address Zip E-mail: Phone number where you may be reached during business hours: Home Phone: Association website address: Association and clubs are encouraged to send their newsletters to Neighborhood Services. Staying Connected through Neighborhood Partnerships. 13 0 0 I Masonry fence *Structural Contractor XX Sign(s) *Sign Contractor: Steephollow Forge Works - to fabricate initials to be mounted on entry gates to enhance entry appearance THIS WORK WAS COMPLETED AND PAID BY THE SUBDIVISION IN JANUARY 2008 AND EXCLUDED FROM THIS GRANT RQUEST Fa0de Structural Contractor Awning Structural Contractor Cafe *Structural Contractor Canopy *Structural Contractor Benches Bike racks XX Landscaping *Landscape Architect/Company: Landscape Expressions - to restore dead and/or unattractive entry landscaping - cost quote of $5,467.10 enclosed XX Entry Gates Structural Contractor: Texas Truck Riggins - to sandblast and repaint entry gates using baked on "powder coat" process THIS WORK WAS COMPLETED AND PAID BY THE SUBDIVISION IN MARCH 2008 AND IS EXCLUDED FROM THIS GRANT REQUEST. Waterway Alterations Design Engineer Other (please describe): Identify party to perform this work: person acting as general contractor for above work is the President of UPOA, Switzer Deason * starred items may not require that structural contractors, sign contractors, or landscapers perform the work - contact applicable City Departments for determination 15 s BYLAWS OF UNIVERSITY PRESERVE OWNERS ASSOCIATION, INC. ARTICLE 1 DEFINITIONS 1.01 "University Preserve Subdivision" shall mean all of the real property located in the City of College Station, County of Brazos, State of Texas, including the land, all improvements and structures on the land, and all easements, rights, and appurtenances to the land, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. 1.02 "Declarant" shall mean Crux Financial Services, Inc. and its successors and assigns. However, no person or entity merely purchasing one or more lots in the University Preserve Subdivision from Crux Financial Services, Inc. in the ordinary course of business shall be considered a "Declarant". 1.03 "Declaration" shall mean all of the Declarations of Covenants, Conditions and Restrictions, now or hereafter filed in the County Clerk's office in Brazos County, Texas, and affecting University Preserve Subdivision or any portions thereof, including any amendments to the Declaration as may be made from time to time in accordance with the terms of the Declaration. 1.04 "Development Period" shall mean a period commencing on the date of the recording of the Declaration in the public real estate records of Brazos County, Texas and continuing thereafter until and ending the earlier to occur of. (i) substantial completion of all development (including without limitation the completion and sale of all lots in University Preserve Subdivision to third parties); (ii) the tenth (10th) anniversary of the date of recordation of the Declaration in the public real estate records of Brazos County, Texas; or (iii) the date determined by Crux Financial Services, Inc.. to be the end of the Development Period. 1.05 Other terms used in these Bylaws shall have the meaning given them in the Declaration, incorporated by reference and made a part of these Bylaws. ARTICLE 2 APPLICABILITY OF BYLAWS Corporation 2.01 The provisions of these Bylaws constitute the Bylaws of the nonprofit corporation known as UNIVERSITY PRESERVE OWNERS ASSOCIATION, INC., referred to as the "Association." Applicability 2.02 The provisions of these Bylaws are applicable to University Preserve Subdivision as defined in Paragraph 1.01 of these Bylaws. Bylaws of University Preserve Owners Association, Inc. Page 1 -Ua~ log a .oo Ar. C Personal Application 2.03 All present or future Owners, their employees, guests, or other persons that use the facilities of University Preserve Subdivision or its Common Areas, in any manner are subject to the regulations set forth in these Bylaws. The mere acquisition of any of the Lots of University Preserve Subdivision or the mere act of occupancy of any of the Lots or Common Areas will signify that these Bylaws are accepted and ratified and will be complied with by the purchaser or occupant. ARTICLE 3 OFFICES Principal Office 3.01 The initial principal office of the Association shall be located at 2706 Pinehurst, Bryan, Texas 77802. Registered Office and Registered Agent 3.02 The Association shall have and shall continuously maintain in the State of Texas a registered office and a registered agent, whose office is identical with the registered office, as required by the Texas Non-Profit Corporation Act. The registered office may be, but need not be, identical with the principal office of the corporation, and the address of the registered office may be changed from time to time by the Board of Directors. ARTICLE 4 QUALIFICATIONS FOR MEMBERSHIP Membership 4.01 The membership of the Association shall consist of all of the Owners of the Lots within University Preserve Subdivision. Proof of Membership 4.02 The rights of membership shall not be exercised by any person until satisfactory proof has been furnished to the Secretary of the Association that the person is qualified as a Member. Such proof may consist of a copy of a duly executed and acknowledged deed or title insurance policy evidencing ownership of a Lot in University Preserve Subdivision. Such deed or policy shall be deemed conclusive in the absence of a conflicting claim based on a later deed or policy. No Additional Qualifications 4.03 The sole qualification for membership shall be ownership of a Lot in University Preserve Subdivision. No initiation fees, costs, or dues shall be assessed against any person as a condition of membership except such assessments, levies, and charges as are authorized or permitted under the Articles of Incorporation or the Declaration. Bylaws of University Preserve Owners Association, Inc. Page 2 Certificates of Membership 4.04 The Board of Directors may provide for the issuance of certificates evidencing membership in the Association that shall be in such form as may be determined by the Board. All certificates evidencing membership, if issued by the Board of Directors, shall be consecutively numbered. The name and address of each Member and the date of issuance of the certificate shall be entered on the records of the Association and maintained by the Secretary at the registered office of the Association. ARTICLE 5 VOTING RIGHTS Voting 5.01 Voting shall be on a Lot basis. During the Development Period, (a) the Owners of each Lot shall be entitled to no votes and (b) the Declarant shall have one (1) vote for each Lot it owns. If a Lot has more than one Owner, the aggregate vote of the Owners of the Lot may not exceed the total number of votes assigned to the Lot. Proxies 5.02 At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association. Every proxy shall be revocable and shall automatically cease on conveyance by the Member of the Member's Lot, or on receipt of notice by the Secretary of the death or judicially declared incompetence of such Member. No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise specifically provided in the proxy. Quorum 5.03 The number of Members present, either in person or by proxy, at any meeting of Members shall constitute a quorum for any action, except as otherwise provided in these Bylaws or the Declaration. In the absence of a quorum at a meeting of Members, a majority of those Members present in person or by proxy may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the meeting date. Required Vote 5.04 The vote of the majority of the votes entitled to be cast by the Members present, or represented by proxy, at a meeting at which a quorum is present shall be the act of the meeting of Members, unless the vote of a greater number is required by statute or by these Bylaws or the Declaration. Bylaws of University Preserve Owners Association, Inc. Page 3 i~ ARTICLE 6 MEETINGS OF MEMBERS Annual Meetings 6.01 The first meeting of the Members of the Association shall be held no later than two (2) months after the end of the Development Period, at a time and place to be designated by the Board. After the first meeting, the annual meeting of the Members of the Association shall be held on the first Tuesday in May of each succeeding calendar year at the hour of 7:00 P.M. If the day for the annual meeting of the Members is a legal holiday, the meeting shall be held at the same hour on the first day following that is not a legal holiday (excluding Saturdays and Sundays). Special Meetings 6.02 Special meetings of the Members may be called by the President, the Board of Directors, or by Members representing at least 51 % of the total voting power of the Association. Place 6.03 Meetings of the Members shall be held within University Preserve Subdivision or at a convenient meeting place, as the Board may specify in writing in its sole discretion. Notice of Meetings 6.04 Written notice of all Members' meetings shall be given by or at the direction of the Secretary of the Association (or other persons authorized to call the meeting) by mailing or personally delivering a copy of such notice at least 10 but not more than 50 days before the meeting to each Member entitled to vote at the meeting. The notice must be addressed to the Member's address last appearing on the books of the Association or supplied by such Member to the Association for the purpose of notice. The notice shall specify the place, day, and hour of the meeting and, in the case of a special meeting, the nature of the business to be undertaken. Order of Business 6.05 The order of business at all meetings of the Members shall be as follows: (a) Roll call. (b) Proof of notice of meetings or waiver of notice. (c) Reading of Minutes of preceding meeting. (d) Reports of officers. (e) Reports of committees. (f) Election of directors. Bylaws of University Preserve Owners Association, Inc. Page 4 (g) Unfinished business. (h) New business. Action Without Meeting 6.06 Any action required by law to be taken at a meeting of the Members or any action that may be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Members and filed with the Secretary of the Association. ARTICLE 7 BOARD OF DIRECTORS Number 7.01 The affairs of this Association shall be managed by a Board of Directors consisting of not less than three nor more than nine persons, all of whom may be, but need not be, Members of the Association. 7.02 During the Development Period, the Declarant shall appoint, remove, elect and replace the Directors. At the first meeting of the Association, after the end of the Development Period, the Members shall elect Directors who shall hold office until the second meeting, which shall include the election of Directors by the Members. After the second meeting of the Association, Directors shall be elected at the annual meeting of the Members and shall hold office for a term of one (1) year and until their successors are elected and qualified. Removal 7.03 After the Development Period, Directors may be removed from office without cause by a two-thirds (2/3) majority vote of the Members of the Association. Vacancies 7.04 After the Development Period, in the event of a vacancy on the Board caused by the death, resignation, or removal of a Director, the remaining Directors shall, by majority vote, elect a successor who shall serve for the unexpired term of the predecessor. Any directorship to be filled by reason of an increase in the number of directors shall be filled by election at an annual meeting of Members or at a special meeting of Members called for that purpose. Compensation 7.05 With the prior approval of a majority of the voting power of the Association, a Director may receive compensation in a reasonable amount for services rendered to the Association. A Director may be reimbursed by the Board for actual expenses incurred by the Director in the performance of the Director's duties. Bylaws of University Preserve Owners Association, Inc. Page 5 s" Powers and Duties 7.06 The Board shall have the powers and duties, and shall be subject to limitations on such powers and duties, as enumerated in the Declaration. ARTICLE 8 NOMINATION AND ELECTION OF DIRECTORS Nomination 8.01 Nomination for election to the Board of Directors shall be made from the floor at the annual meeting of the Members. Election 8.02 After the Development Period, Directors are elected at the annual meeting of Members of the Association. Members, or their proxies, may cast, in respect to each vacant directorship, as many votes as they are entitled to exercise underthe provisions of the Declaration. The nominees receiving the highest number of votes shall be elected. ARTICLE 9 MEETINGS OF DIRECTORS Regular Meetings 9.01 Regular meetings of the Board of Directors shall be held semi-annually at a place and at a time as may be fixed from time to time by resolution of the Board. Notice of the time and place of regular meetings shall be posted on small signs at the entryway to University Preserve Subdivision. Special Meetings 9.02 Special meetings of the Board of Directors shall be held when called by written notice signed by the President of the Association or by any two Directors other than the President. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. Notice of a special meeting must be given to each Director not less than two (2) days or more than ten (10) days prior to the date fixed for such meeting by written notice either delivered personally, sent by mail, telecopy, or telegram to each Director at the Director's address as shown in the records of the Association. Quorum 9.03 A quorum for the transaction of business by the Board of Directors shall be a majority of the number of Directors constituting the Board of Directors. Bylaws of University Preserve Owners Association, Inc. Page 6 r Voting Requirement 9.04 The act of the majority of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless any provision of the Governing Instruments requires the vote of a greater number. Open Meetings 9.05 Regular and special meetings of the Board shall be open to all Members of the Association; provided, however, that Association Members who are not on the Board may not participate in any deliberation or discussion unless expressly authorized to do so by the vote of a majority of a quorum of the Board. Executive Session 9.06 The Board may, with the approval of a majority of a quorum, adjourn a meeting and reconvene in executive session to discuss and vote on personnel matters, litigation in which the Association is or may become involved, and other business of a confidential nature. The nature of any and all business to be considered in executive session shall first be announced in open session. ARTICLE 10 OFFICERS Enumeration of Officers 10.01 The Officers of this Association shall be a President and Vice-President and a Secretary and Treasurer. The Board of Directors may, by resolution, create such other offices as it deems necessary or desirable. The President and Secretary positions cannot be filled by the same person. 10.02 The Officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless the Officer shall sooner resign, be removed, or be otherwise disqualified to serve. Resignation and Removal 10.03 Any Officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect at the date of receipt of the notice or at any later time specified in the notice. Any Officer may be removed from office by the Board whenever, in the Board's judgment, the best interests of the Association would be served by such removal. Bylaws of University Preserve Owners Association, Inc. Page 7 Multiple Offices 10.04 Any two or more offices may be held by the same person, except the offices of President and Secretary. Compensation 10.05 Officers shall receive such compensation for services rendered to the Association as determined by the Board of Directors and approved by a majority of the voting power of the Association. ARTICLE 11 PRESIDENT Election 11.01 At the first meeting of the Board immediately following the annual meeting of the Members, the Board shall elect one of their number to act as President. 11.02 The President shall: (a) Preside over all meetings of the Members and of the Board. (b) Sign as President all deeds, contracts, and other instruments in writing that have been first approved by the Board, unless the Board, by duly adopted resolution, has authorized the signature of a lesser Officer. (c) Call meetings of the Board whenever he or she deems it necessary in accordance with rules and on notice agreed to by the Board. The notice period shall, with the exception of emergencies, in no event be less than two (2) days. (d) Have, subject to the advice of the Board, general supervision, direction, and control of the affairs of the Association and discharge such other duties as may be required of him or her by the Board. ARTICLE 12 VICE-PRESIDENT Election 12.01 At the first meeting of the Board immediately following the annual meeting of the Members, the Board shall elect one of its Members to act as Vice-President. Bylaws of University Preserve Owners Association, Inc. Page 8 o Duties 12.02 The Vice-President shall: (a) Act in the place and in the stead of the President in the event of the President's absence, inability, or refusal to act. (b) Exercise and discharge such other duties as may be required of the Vice-President by the Board. In connection with any such additional duties, the Vice-President shall be responsible President. ARTICLE 13 SECRETARY Election 13.01 At the first meeting of the Board immediately following the annual meeting of the Members, the Board shall elect a Secretary. 13.02 The Secretary shall: (a) Keep a record of all meetings and proceedings of the Board and of the Members. (b) Keep the seal of the Association, if any, and affix it on all papers requiring the seal. (c) Serve notices of meetings of the Board and the Members required either by law or by these Bylaws. (d) Keep appropriate current records showing the Members of the Association together with their addresses. (e) Sign as Secretary all deeds, contracts, and other instruments in writing that have been first approved by the Board if the instruments require a second Association signature, unless the Board has authorized another Officer to sign in the place and stead of the Secretary by duly adopted resolution. ARTICLE 14 TREASURER Election 14.01 At the first meeting of the Board immediately following the annual meeting of the Members, the Board shall elect a Treasurer. Duties 14.02 The Treasurer shall: Bylaws of University Preserve Owners Association, Inc. Page 9 (a) Receive and deposit in a bank or banks, as the Board may from time to time direct, all of the funds of the Association. (b) Be responsible for and supervise the maintenance of books and records to account for the Association's funds and other Association assets. (c) Disburse and withdraw funds as the Board may from time to time direct, in accordance with prescribed procedures. (d) Prepare and distribute the financial statements for the Association required by the Declaration. ARTICLE 15 POWERS AND RESPONSIBILITIES General Powers and Duties 15.01 The Association shall carry out all of the responsibilities and duties, and shall possess all of the powers, set out in the Declaration, acting by and through its Board and officers. All enforcement of restrictions, assessments, liens, maintenance and other elements of the Declaration shall be diligently and consistently carried out by the Association. 15.02 The Association may deem it appropriate to establish different Rules and Regulations for the separate communities or subdivisions within University Preserve Subdivision, but all of such action shall be taken by the Association, and not by any one community or subdivision acting alone. No separate Rules or Regulations for communities within University Preserve Subdivision shall alter or amend the Declaration or Declaration, but may supplement the Declaration and Declaration for that community or subdivision by more restrictive, but not less restrictive, Rules or Regulations. If the Association desires to do so, subcommittees of the Board may be created to oversee the separate Rules or Regulations for separate communities within University Preserve Subdivision. ARTICLE 16 BOOKS AND RECORDS Maintenance 16.01 Complete and correct records of account and minutes of proceedings of meetings of Members, Directors, and committees shall be kept in the possession of the officers or at the registered office of the corporation. A record containing the names and addresses of all Members entitled to vote shall be kept at the registered office or principal place of business of the Association. Inspection 16.02 The Declaration, the membership register, the books of account, and the minutes of proceedings shall be available for inspection and copying by any Member of the Association or any Director for any proper purpose at any reasonable time. Bylaws of University Preserve Owners Association, Inc. Page 10 V ARTICLE 17 Amendment of Bylaws r r 17.01 These Bylaws maybe amended, altered, or repealed at a regular or special meeting of the Members of the Association by the affirmative vote in person or by proxy of Members representing a majority of a quorum of the Association. Notwithstanding the above, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Attestation 17.02 Adopted by the Board of Directors on , 2002. Bylaws of University Preserve Owners Association, Inc. Page 11 . Exhibit A Metes and bounds description of all that certain tract or parcel of land lying and being situated in College Station, Brazos County, Texas. Said tract being all of Lots 14 and 15 and a portion of Lots 12 and 13, Woodland Estates, according to the plat recorded in Volume 108, Page 223 of the Deed Records of Brazos County, Texas. Said tracts being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found on the northeast fine of Munson Avenue marking the south comer of said Lot 15 and the west comer of Lot 1, resubdivision of the southwest 1/2 of Lot 16, woodland Estates, according to the plat recorded in Volume 274, Page 207 of the Deed Records of Brazos County, Texas; THENCE. N 3401 T 06" W along the northeast line of Munson Avenue for a distance of 201.91 feet to a 518 inch iron rod found marking the common comer of said Lot 14 and Lot 15; THENCE: N 400 23' 10"W continuing along the northeast line of Munson Avenue for a distance of 49.56 feet to a 518 inch iron rod set marking an angle point in said line; THENCE: N 330 02' 15" W continuing along the northeast line of Munson avenue for a distance of 158.60 feet to a 518 inch iron rod found marking the common comer of said Lot 13 and Lot 14; THENCE. N 320 15'15"W continuing along the northeast line of Munson Avenue for a distance of 48.48 feet to a 518 inch iron rod found marking the south comer of a called 0.567 acre tract as described by a deed to Janet Dabny Bowman and Bannie Roy Bowman recorded in Volume 2835, Page 223 of the Official Public Records of Brazos County, Texas; THENCE: N 400 1 V 01" E through said Lot 13 and along the southeast line of said Bowman tract for a distance of 160.18 feet to a 518 inch iron rod found marking the east comer of said Bowman Tract and the south comer of a called tract of land as described by a deed to Albert Casey and wife, Annette Jane Casey, recorded in Volume 234, Page 105 of the Deed Records of Brazos County, Texas; THENCE; N 4010 19'01" continuing through said Lot 13 and along the southeast line of said Casey Tract for a distance of 139.86 feet to a 112 inch iron rod found marking the east comer of said Casey Tract; THENCE: N 49014-41 51"W continuing through said Lot 13 and along the northeast line of said Casey tract for a distance of 159.72 feet to a 1/2 inch iron rod found on the common fine of said Lot 13 and Lot 12, Woodland Estates, same being the southeast line of Lot 12B according to a final plat of Lots 12A and 12B, Woodland Estates, recorded in Volume 502, Page 713 of the Deed Records of Brazos County, Texas; THENCE: N 400 11148" E along the common line of said Lot 13 and Lot 12B for a distance of 165.29 feet to a 1/2 inch iron rod found marking an angle point in the southeast fine of said Lot 12B; THENCE: N 24° 22' 27" E through said Lot 12 and along the southeast line of said Lot 128 for a distance of 6.00 feet to a 112 inch iron rod found marking the common comer of Lots 12A and 12B (5021713); THENCE: N 230 087 56" E continuing through said Lot 12 and along the southeast line of said Lot 12A for a distance of 30.98 feet to a point marking an exterior northwest comer of this herein described tract for reference a 3/8 inch iron rod found marking an angle point in the southeast line of said Lot 12A bears: N 230 08' 56" E for a distance of 85.89 feet; THENCE: through said Lot 12 and Lot 13 for the following calls: S 490 41' 16" E for a distance of 190.31 feet to a point; N 400 18' 44 E for a distance of 136.00 feet to a point; N 490 41' 16" W for a distance of 190.44 feet to a point an the southeast line of said Lot 12A; THENCE. N 65° 2Z 30" E through said Lot 12 and along the southeast line of said Lot 12A for a distance of 25.60 feet to a 112 inch iron rod found marking an angle point in said line; THENCE. N 401107'440 E along the common line of said Lot 12 and Lot 13 for a distance of 380.48 feet to a 518 inch iron rod set on the southeast line of Block 1, First Installment of Carter's Grove (revised) according to the plat recorded in Volume 227, Page 597 of the Deed Records of Brazos County, Texas; THENCE: S 490 34' 38" E along the common line of said Lots 13,14 and 15, and said Block 1, First Installment of Carter`s Grove (revised), at 209.99 feet pass a 518 inch iron rod found marking the common comer of said Lot 13 and Lot 14, at 410.96 feet pass a 518 inch iron rod found marking the common comer of said Lot 14 and Lot 15, continue on for a total distance of 604.72 feet to a 518 inch iron rod set marling the east comer of said Lot 15 and the north comer of Lot 3, Leon W. Gibbs resubdivision of part of Lot 16, Woodland Estates, according to the plat recorded in Volume 270, Page 63 of the Deed Records of Brazos County, Texas; THENCE. S 400 08' 53"W along the common line of said Lot 15 and said Lot 13, Leon W. Gibbs resubdivision (270163) for a distance of 200.42 feet to a 112 inch iron rod found marking the common corner of Lot 1 and Lot 2, Leon W. Gibbs resubdivision; THENCE: S 400 21139'W along the common line of said Lot 15 and Lot 1, Leon W. Gibbs resubdivision, for a distance of 99.97 feet to a 1/2 inch iron rod found marking the north comer of a called 1.51 acre tract as described by a deed to Oran D. Mi'keal and Janet F. Mikeal recorded in Volume 2111, Page 271 of the Official Public Records of Brazos County, Texas; THENCE; S 400 1T 59"W along the common line of said Lot 15 and Lot 16, same being the northwest line of said 1.51 acre tract, for a distance of 263.97 feet to a 1/2 inch iron rod found marking the west comer of said 1.51 acre tract and the north comer of Lot 5, resubdivision of the southwest 1/2 of lot 16, Woodland Estates (Plat 274/207); THENCE. along the common line of said Lot 15 and Lots 1, 2, 3, 4 and 5, resubdivision of the southwest 1/2 of Lot 16, Woodland Estates, for the following calls: S 40° 47' 17" W for a distance of 93.52 feet to a 1/2 inch iron rod found marking the common comer of said Lots 4 and 5; S 400 17" 47" W for a distance of 100.07 feet to a 1/2 inch iron rod found marking the common comer of said Lots 3 and 4; S 40° 29' 27" W for a distance of 303.21 feet to a 1/2 inch iron rod found marking the common comer of said Lots 1 and 2; S 40° 10' 23" W for a distance of 99.81 feet to the POINT OF BEGINNING containing 13.37 acres of land, more or less. as surveyed on the ground April, 2002. Bearing orientation shown herein is based on grid north as established from GPS observation. SAVE & EXCEPT Tract One: Metes and bounds description of all that certain had or parcel of land lying and being situated in College Station, Brazos County, Texas. Said tract being a portion of Lot 14, Woodland Estates, according to the plat recorded in Volume 108, Page 223 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found on the northeast line of Munson Avenue marking the south comer of Lot 15, Woodland Estates, and the west comer of Lot 1, resubdivision of the southwest 112 of Lot 16, Woodland Estates, according to the plat recorded in Volume 274. Page 207 of the Deed Records of Brazos County, Texas; THENCE: N 340 11' 06" W along the northeast line of Munson Avenue for a distance of 201.91 feet to a 518 inch iron rod found marking the comn= comer of said Lot 14 and Lot 15 and the POINT OF BEGINNING of this herein described tract; THENCE. N 400 23' 10" W continuing along the northeast fine of Munson Avenue for a distance of 49.55 feet to a 518 inch iron rod set marking an angle point in said line; THENCE. N 3310 02' 15" W continuing along the northeast line of Munson Avenue for a distance of 154.67 feet to a point marking the west corner of this herein described tract, for reference a 5/8 inch iron rod found marking the eorntnon comer of Lot 13, Woodland Estates, and said Lot 14 bears: N 330 OZ 16'W for a distance of 3.93 feet; THENCE. N 40° 14' 45" E through said Lot 14 for a distance of 282.35 feet to a point marking the beginning of a clockwise curve having a radius of 25.00 feet; THENCE: along said curve through a central angle of 89° 22.55" for an arc distance of 39.00 feet (chord bears: N 840 56' 12" E -35.16 feet) to a point marking the ending point of said curve; THENCE: S 50° 22' 20" E continuing through said Lot 14 for a distance of 173.44 feet to a point an the common line of said Lot 14 and Lot 15; THENCE. S 400 25' 25"W along the common line of said Lot 14 and Lot 15 for a distance of 361.78 feet to the POINT OF BEGINNING containing 1.53 acres of land, more or less, as surveyed on the ground April, 2002. Bearing orientation shown herein is based on grid north as established from GPS observation. SAVE & EXCEPT Tract Two: Metes and bounds description of all that certain tract or parcel of land lying and being situated in College Station, Brazos County, Texas. Said tract being a portion of Lot 15, Woodland Estates, according to the plat recorded in Volume 108, page 223 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found on the northeast fine of Munson Avenue marking the south comer of said Lot 15 and the west comer of Lot 1, resubdivision of the southwest 112 of Lot 16, Woodland Estates, according to the plat recorded in Volume 274, Page 207 of the Deed Records of Brazos County, Texas; THENCE: N 340 11, O6" W along the northeast line of Munson Avenue for a distance of 22.85 feet to the POINT OF BEGINNING of this herein described tract; THENCE: N 340 11' O6" W continuing along the northeast line of Munson Avenue for a distance of 179.06 feet to a 518 inch iron rod found marking the common comer of said Lot 15 and Lot 14, Woodland Estates: THENCE: N 40° 2512T E along the common line of said Lot 15 and Lot 14, Woodland Estates, for a distance of 221.22 feet to a point marking the north comer of this herein described tract; THENCE: S 49° 34' 35' E through said Lot 15 for a distance of 17244 feet to a point marking the east comer of this herein described tract; THENCE: S 40° 2Z 48" W continuing through said Lot 15 for a distance of 268.75 feet to the POINT OF BEGINNING containing 0.97 of an acre of land, more or less, as surveyed on the ground April, 2002. Bearing orientation shown herein is based an grid north as established from GPS observation. SAVE & EXCEPT Tract Three: All that certain lot, tract or parcel of land, tying and being situated in the Richard Carter League, Brazos County, Texas, and being a part of Lot Twelve (12), Woodland Estates Addition, an addition to the City of College Station, according to plat of record in Volume 108, Page 221, Deed Records of Brazos County, Texas, and further described by metes and bounds as follows, to-wit: BEGINNING at an iron bar for the common front comer of Lots 12 and 13, Woodland Estates Addition to the City of College Station, Texas; THENCE N 430 08, E along the line between Lots 12 and 13 a distance of 457.4 feet to an iron pipe for the beginning comer of this small triangular tract of land; THENCE N 26° 21` E a distance of 1229 feet to an iron bar for comer; THENCE N 670 4T E a distance of 85.1 feet to an iron pipe for comer in the line between said Lots 12 and 13; THENCE S 43° 08' W along said line between Lots 12 and 13 a distance of 194.5 feet to the POINT OF BEGINNING and containing 0.079 aces of land, more or less, and being a part of a 10 acre tract of land conveyed by College Hills Company to R. H. Mitchell by deed dated October 14, 1941, recorded in Volume 108, Page S. Deed Records of Brazos County, Texas. METES AND BOUNDS DESC UMON OF A 0.53 ACRE TRACT PORTION OF LOTS 12 AND 13 WOODLAND ESTATES COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL TI4AT CERTAIN TRACT ORPARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING APORTION OF LOTS 12 AND 13, WOODLAND ESTATES, ACCORDING TO THE PLAT RECORDED IN VOLUME 108, PAGE 223 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A % INCH 1RON ROD FOUND ON THE COMMON LINE OF SAID LOT 12 AND LOT 13 MARKING THE NORTH CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO ALBERT CASEY AND ' WIFE, ANNETTE JANE CASEY, RECORDED IN VOLUME 234, PACE 105 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAD] IIZON ROD FOUND BEING ON THE SOUTKEAST LINE OF LOT I2B ACCORDING TO A FINAL PLAT OF LOTS 12AAND 12I3~ WOODLAND ESTATESy RECORDED IN VOLUME 502, PAGE 713 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; T$TNCE: N 40 ° 11'48" E ALONG THE COMMON LINE OF SAID LOT 13 AND LOT I2B FORA DISTANCE OF 165.29 FEET TO A% INCH IRON ROD FOUND MARKING AN ANGLE POINT IN TB E SOUTIMST LINE OF SAID LOT 12B; THENCE: N 24° 22' 27" E TEWUGH SAID LOT 12 AND ALONG THE SOUTHEAST LINE OF SAID LOT 12B FOR A DISTANCE OF 6.00 FEET TO A % INCH IRON ROD FOUND MARIKING THE COMMON CORNER OF LOTS 12A AND 12B (5021713); THENCE: N 23 ° 08' 56" E CONTINMG THROUGH SAID LOT 12 AND ALONG THE SOUTHEAST LINE OF SAID LOT 12A FOR A DISTANCE OF 30.98 FEET TO A POINT MART ING THE POINT OF BE92TNTNG OF THIS SIN DESCRIBED TRACT; THENCE: TBWUGH SAID LOT 12 AND LOT 13 FOR THE FOLLOWING CALLS- S 49° 41' 16" E FOR A DISTANCE OF 157.31 FEET TO A POINT; N 40° 18'44" E FOR A DISTANCE OF 136.00 FEET TO A POINT; N 49° 41' 16" W FOR A DISTANCE OF 157.44 FEET TO A POINT ON THE SOUTHEAST LINE OF SAID LOT 12A., FOR REFEUNCE A 'h INCH IRON ROD FOUND ON THE COMMON LINE OF SAID LOTS 12 AND 13 MARK NO AN ANGM POINT IN THE SOUCI'HEAST LINE OF SAID LOT 12A BEARS: N 65 ° 22'30' E FOR A DISTANCE OF 25.60 FEET; THENCE: S 65° 22' 30"W TIMOUGH SAIDLOT 12 AND ALONGTHE SOUTHEAST LINE OF SAID LOT 12A FOR A DISTANCE OF 59.54 FEET TO A 318 INCH IRON ROD FOUND MARIUNG AN ANGLL POINT IN SAID LIMB; FENCE; S 23° 08' 56" W CONTINUING TBROUGH SAID LOT 12 AND ALONG ?HE SOUTFMAST LINE OF SAID LOT 12A FOR A DISTANCE OF 85.89 FEET TO THE POINT O BE fiRM LTG CONTAU41NG 0.53 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND APM 2002. BEARWO ORIENTATION SHOWN HEREEIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD lCM REGISTERED PROFESSIONAL LAND SURVEYOR R.P1,.S. NO. 4502 D:IWORKWA13102-0691-2.MAB As ftEm_l DOment Nmbers UMS77 Asout Ica Receipt ftber - S9IM Jame Kelley 6GIfE ff1 iELH ~~t that s MKI i~fra~t as film m t~ d aw fin d ~a by e ad 0 del is L vow ad pale of the am nu* of: as by I Jul 09, 2002 mm no x2m; LIM CQ,It►M 3410 08/29/2007 4:04 PM WATERS, HARDY AND COMPANY, P.C. 4144 N. CENTRAL EXPY #1020 DALLAS, TX 75204 214-692-1916 August 29, 2007 CONFIDENTIAL UNIVERSITY PRESERVE OWNERS ASSN INC 1017 LYCEUM COURT COLLEGE STATION, TX 77840 Dear SWITZER: We have prepared the enclosed returns from information provided by you without verification or audit. We suggest that you examine these returns carefully to fully acquaint yourself with all items contained therein to ensure that there are no omissions or misstatements. Attached to each return is an instruction sheet for signing and filing. Please follow those instructions carefully. Also enclosed is any material you furnished for use in preparing the returns. If the returns are examined, requests may be made for supporting documentation. Therefore, we recommend that you retain all pertinent records for at least seven years. In order that we may properly advise you of tax considerations, please keep us informed of any significant changes in your financial affairs or of any correspondence received from taxing authorities. If you have any questions, or if we can be of assistance in any way, please call. Sincerely, 4~ WATERS, HARDY AND COMPANY, P.C. 3410 08/29/2007 4:04 PM Filing Instructions UNIVERSITY PRESERVE OWNERS ASSN INC Form 1120-H U.S. Income Tax Return for Homeowners Associations Taxable Year Ended December 31, 2006 Date Due: September 17, 2007 Remittance: None is required. No amount is due or overpaid. Mail To: Internal Revenue Service Center Ogden, UT 84201-0012 Signature: The return should be signed and dated by an authorized officer of the corporation. Other: Initial and date the copy, and retain it for your records. 3410 08/29/2007 4:04 PM Filing Instructions UNIVERSITY PRESERVE OWNERS ASSN INC Texas Corporation Franchise Tax Report Report Year 2007 Date Due: November 15, 2007 Remittance: None is required. No amount is due or overpaid. Mail To: Comptroller of Public Accounts 111 E. 17th St. Austin, TX 78774-0100 Signature: The return should be signed and dated on page 1 by an authorized officer, director, or agent of the corporation. Other: Initial and date the copy, and retain it for your records. H K Switzer Deason From: Switzer Deason [switzerdeason@msn.com] Sent: Tuesday, December 18, 2007 9:01 PM To: 'Barbara Moore' Subject: RE: Gateway Grant Application/Partnership Information Attachments: UP College Station Neighbotrhood Partnership Application.doc; UP College Station application for gateway improvements grant.doc Attached is the completed registration application for the Neighborhood Partnership Program. The total cost of the entry revitalization/improvements for which we would greatly appreciate Gateway Grant Funding is approximately $6,280. The signatures required for the Application for Gateway Grant Funding are being obtained. A copy of the ARp lication is attached, along with the completed Application for the Public Improveee~f~ re ait:-'Faur,'copies of the facility layout plan w e su _1t ewith the Gateway Funding Grant when the required signatures---are secured. We would greatly appreciate your review of these applications and your recommendation of any editing changes. Thank you for your assistance, informed and professional explanations and prompt response. Switzer Deason -----Original Message----- From: Barbara Moore [mailto:Bmoore@cstx.gov] Sent: Tuesday, December 18, 2007 5:07 PM To: switzerdeason@msn.com Subject: Gateway Grant Application/Partnership Information Hi Mr. Deason, Attached is the information on the Registered Neighborhood Partnership Program and the Gateway Grant information. Please contact me if you have any questions, I am also available to come out and talk to your association if you need me to at any time. I know there are a lot of documents attached, but each of them have the necessary information you need. My contact information is at the bottom of this e-mail. Also, I have included the link to the Neighborhood Services webpage on the City's website for your review. http://www.cstx.gov/home/index.asp?page=1654 I am looking forward to working with you all I Thank You Barbara Moore City of College Station Neighborhood & Community Relations Coordinator 979-764-6262 bmoore(@cstx.gov 1 Switzer Deason From: Switzer Deason [switzerdeason c@msn.com] Sent: Monday, January 07, 2008 7:50 AM To: 'Barbara Moore' Subject: RE: Gateway Grant Application Just one clarification. From your email, it is my understanding that no expenses incurred prior to the October 2008 funding approval date can be included in an application for reimbursement. Is this correct? Or is it possible that expenses incurred during the 2008 calendar year, but prior to October 2008 are eligible? switzer -----Original Message----- From: Barbara Moore [mailto:Bmoore@cstx.gov] Sent: Thursday, January 03, 2008 4:07 PM To: switzerdeason@msn.com Subject: Gateway Grant Application Hi Mr. Deason, As I mentioned in my e-mail last week, I wanted to confer with my supervisor and others that help with the administration of the Gateway Grant program before responding. We can only accept applications during the calender•year when funds are actually available. The Gateway Grant funds are disbursed to us each year in October, if approved by the Council. It is not our policy to accept applications and hold them from year to year. Submittal, review, acceptance, construction, and possible reimbursement must take place during the actual fiscal year of funding. If we did not do this we could have gateway applications backed up for years. I recommend that you wait and submit your application next October and get on the schedule early. In the meantime you could go ahead and collect your 60% of the names of homeowners in your neighborhood and their agreement and approval and get your designs started. If you have any questions, please let me know. Thank You, Barbara Moore City of College Station Neighborhood & Community Relations Coordinator 979-764-6262 bmoore(@cstx.gov College Station. Heart of the Research Valley. 1 0 0 Switzer Deason From: Switzer Deason [switzerdeason@msn.com] Sent: Thursday, May 29, 2008 3:06 PM To: 'Barbara Moore' Subject: RE: Planning and Development Services Web page Attachments: UP bylaws 11-02-06.pdf A copy of our bylaws is attached. The Directors are: Hunter Goodwin, Brian Owens, and Switzer Deason. The officers are: Switzer Deason, President and Cathy Deason, Secretary/Treasurer. Can you send me some type of confirmation that University Preserve is now "registered with the City of College Station". Thank you. Switzer -----Original Message----- From: Barbara Moore [mailto:Bmoore@cstx.gov] Sent: Thursday, May 29, 2008 11:28 AM To: Switzer Deason Subject: RE: Planning and Development Services Web page Mr Deason, I received a file the other day( Friday, I think ) that had a Gateway Grant application and an application to register University Preserve with the City's Neighborhood Partnership Program. It was a pretty simple application. WE just ask that you send in a copy of bylaws and association officer names. And on your application, you stated that the officers did not want to make their names public, which is fine with us. So you all are already a part of the programl That application was all we needed from you to make it official. I have now added you and Hunter to all of my lists and you will begin to receive all of the information that the City send to the associations. If you have any other questions, please let me know. I am glad to help in any way I can. Thanks "Switzer Deason" <switzerdeason(@msn.com> 5/29/2008 10:26 AM I am not familiar with how homeowners associations register with the City of College Station. University Preserve is registered with the Secretary of State for the State of Texas, and with the IRS. Would you give me some directions and instructions so we can get on board with the City too. Thanksl switzer From: Barbara Moore [mailto:Bmoore@cstx.gov] Sent: Thursday, May 29, 2008 9:05 AM To: switzerdeason@msn.com Subject: Planning and Development Services Web page Hi Mr. Deason, i Below is a link to the Planning and Development Services web page on the city's web site. This should give you the information you were looking for. If not, let me know if you need something else. Thanks, http•//www.cstx.gov/home/index.asp?page=313 Barbara Moore, MPA City of College Station Neighborhood and Community Coordinator 979-764-6262 bmoore(@cstx.gov College Station. Heart of the Research Valley. Barbara Moore, MPA City of College Station Neighborhood and Community Coordinator z