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Home My WebLink AboutFP2006-500047I I MB 11 J DRAINAGE REPORT FOR INDIAN LAKES SUBDIVISION, PHASE VIII COLLEGE STATION, TEXAS MARCH2006 MBESI# 1062-0008 SUBMITIED BY: McCLURE & BROWNE ENGINEERING/SURVEYING, INC. 1008 Woodcreek Drive, Suite 103 •College Station, Texas 77845 (979) 693-3838 •Fax : (979) 693-2554 •Email: McClureBrowne @Verizon.net CERTIFICATION I, Jeffery L. Robertson, Registered Professional Engineer No. 94 7 45, State of Texas , certify that the drainage report, for INDIAN LAKES SUBDIVISION, PHASE VIII , was prepared by me in accordance with the provisions of the City of College Station Drainage Policy and Design Standards for the owners thereof . ................... ,,,,,, --°':-<. ~ 0 F /. \\\ .:-·<...''r ........... t:..r-1. •1, : 0 ..... · * ..... IS' ,, ,, * .· "· ic ,, ~*... "·*"' ~ .......... , ...................... : ..... ~ ~ JEFFERY L. ROBERTSON ~ ~ ....................................... ~ i "1l \ 94745 /,Cf; ~ .. "". . ...., ,, .• , 'Q". ... ~~ 111 ~· .. ~1CE:NS~~.·~_§" _: '''~~sioNAt.'~~~.: ,,,,,,,, ........... I DRAINAGE REPORT I SUMMARY Indian Lakes, Phase VIII Drainage Report MBESI #1062-0008 This storm drainage report is intended to analyze the drainage infrastructure proposed for the development of the Indian Lakes Subdivision, Phase VIII. The existing and proposed conditions are included to show how the design will achieve the desired drainage objectives of Brazos County and the City of College Station. GENERAL INFORMATION Area encompassed by this phase: Anticipated land use: Anticipated number of lots : 69.17 acres Single family residential 36 lots Notes on surrounding development: The area surrounding the site is partially developed with existing phases of Indian Lakes to the west, undeveloped phases of Indian Lakes to the north , east and south . FLOOD HAZARD INFORMATION FEMA FIRM Map#: 48041C0215 C Effective Date: July 2, 1992 Comments : No portion of the site is shown to be within the 100-year floodplain, so it is not currently regulated under the National Flood Insurance Program. Applicable Exhibits: A-Excerpt of FEMA FIRM DESCRIPTION OF DRAINAGE SYSTEMS Primary System : The site is wooded with dense undergrowth. Phase VIII slopes toward several tributaries of Peach Creek. Peach Creek flows to the Navasota River. Secondary System: Runoff from the residential lots will be captured in roadside ditches where it will be conveyed to the natural streams that flow through the site. Corrugated metal pipes will be used as culverts at road crossings. Applicable Exhibits : B-2 -Culvert Sizing Drainage Area Map SECONDARY STORM DRAIN DESIGN Design Storm: Design Methodology Hydrology: Software Model: Time of Concentration: Runoff Coefficients: Hydraulics: Software Model: Manning 's N: Drainage Report Indian Lakes , Phase VIII 10-yr Return Period (Ditches) 100-yr Return Period (Culverts) Rational Formula Excel Spreadsheet (Rational Method) minimum = 10 min. 0.40 -Undeveloped area 0.55 -Residential areas 0.90 -Paved areas Manning's Equation Excel Spreadsheet 0.024 (corrugated metal) Page I of2 Applicable Exhibits: C-1 Rational Formula Drainage Area Calculations Culvert # 1 Analysis D-1 D-2 D-3 D-4 D-5 D-6 Culvert #2 Analysis Culvert #3 Analysis Culvert #4 Analysis Culvert #5 Analysis Culvert #6 Analysis DETENTION REQUIREMENTS Summary: When considered in conjunction with the previous phases and the over-detention provided by Lake Arapaho, the runoff rates are far below pre-development runoff rates at the Point of Confluence shown on Exhibit B-1. Lake Arapaho reduces the peak runoff from the property by approximately 1300 cfs for the 100-year event as noted in the Drainage Report for Phases 2 & 5. Therefore, no additional detention is necessary with this phase of the subdivision. Applicable Exhibits: B-1 Overall Drainage Map EROSION AND SEDIMENTATION CONTROLS Control Measures: Silt fence Hydro-mulch seeding Rock Filter Dams Straw Bale Barriers Construction entrance/exit SWP PP: The contractor shall be responsible for establishing and maintaining the SWPPP in accordance with TCEQ requirements. Drainage Report Page 2 of2 Indian Lakes , Phase VITI I I N.T.S . \.) ~-. EXHIBIT A Flood Insurance Rate Map Ex cerpt Brazos County, Texas and Incorporated Areas Map Numbers: 48041 C0215C Effective Date: July 2, 1992 Culvert Design Criteria Culvert Description Circular Pipe No. 30" CMP Dia . Cft .) Pipes n 2.50 1 0 .024 C AllClll ulvert na1vs s a cu at ens Total Flow per Critical Normal Design Flow Pipe Depth(ft.) Depth Storm (cfs) (cfs) de (ft .) 5 24 .00 24 .00 1.68 1.53 10 27 .00 27 .00 1.78 1.65 25 31 .00 31.00 1.90 1.84 50 35 .00 35 .00 2 .03 2.07 100 39 .00 39 .00 2.13 2.50 Elhi = Hwi + Eli ho = TW or (de + 0 )12 (Whichever is Greater) - EXHIBIT D-1 INDIAN LAKES DRIVE (CULVERT #1) ANALYSIS INDIAN LAKES PHASE VIII - ELhl~tHWi ~.----==p:R~~ ~--_/'---!.~---------~~ Eli Proposed Culvert ~ '-- ELo Out all c Invert Outlet Culvert Top Elev . (Eli) Elev . (ELo) Length Slope of Slope Cft.) Cft .l Cft .) Cft/ftl Road ke I Cft/ftl 262 .10 258 .62 142 .50 0 .0244 270 .57 0.50 I 0.0100 HEADWATER CALCULATIONS INLET CONTROL HWi/D HWi ELhi 1.04 2.61 264 .71 1.13 2.84 264.94 1.25 3.13 265 .23 1.68 4.20 266 .30 1.91 4 .77 266 .87 H = [1 +ke+((29"(n'2).L)IR'1 .33)]'((v"2)/2g) Elho = Elo + H +ho TW 1.18 1.22 1.27 1.32 1.37 OUTLET CONTROL de Cdc + Dl/2 ho 1.68 2.09 2.09 1.78 2.14 2.1 4 1.90 2.20 2.20 2.03 2 .27 2.2 7 2.1 3 2 .32 2.32 hannel Design Cl r teria Lt. Side Rt. Side Slope Slope C?:1l C?:1l 4 .00 4 .00 H ELho 2 .21 262.92 2 .80 263 .56 3.69 264 .5 1 4 .70 265 .58 5.84 266 .77 Bottom W idth n {ft.) 0.00 0 .024 Control Type HW of Elev. Contro l 264 .71 Inlet 264 .94 Inlet 265 .23 Inlet 266.30 In let 266 .87 Inlet Outlet Velocity Free board (fps ) (ft.) 4 .89 5.86 5.50 5 .63 6 .32 5 .34 7.1 3 4 .27 7.95 3.70 3/3/2006 Exhibit D-1.xls Exhibit D-1 Cl rtD I Cl I u ve es1qn r ter a Culvert Description Circular Pipe No . 24 " CMP Dia . (ft.) Pipes n 2 .00 1 0.024 Culvert Analysis Calculations Total Flow per Critical Normal Design Flow Pipe Depth(ft .) Depth Storm (cfs) (cfsl de (ft.) 5 8.80 8 .80 1.05 0.82 10 9.90 9 .90 1.15 0 .86 25 11.30 11 .30 1.20 0.95 50 12.80 12 .80 1.30 1.02 100 14 .40 14.40 1.35 1.10 Elhi = Hwi + Eli ho = TW or (de + D)/2 (Whichever is Greater) - - EXHIBIT D-2 INDIAN LAKES DRIVE (CULVERT #2) ANALYSIS INDIAN LAKES PHASE VIII Invert Outlet Culvert Elev. (Eli) Elev. (ELo) Length (ft .) (ft.) (ft .) 271 .63 268 .00 89.70 INLET CONTROL HWi/D HWi ELhi 0.77 1.54 273 .17 0 .63 1.67 273 .30 0 .91 1.82 273.45 0.99 1.98 273 .61 1.07 2.14 273 .77 H = [1 +ke+((29"(n'2)"L)/R'1 .33))"((v"2)/2g) Elho = Ela + H + ho ELh i ~ Top of Road ELho ~::r~:::::---~~ ELl___J4 Proposed Cu l vert~ - - - --'--_ ELo Out all Channel Deslqn Criteria Top Lt . Side Rt. Side Bottom Slope of Slope Slope Slope Width n (ft/ft) Road ke I (fUftl (?:1) (?:1) {ft,) 0.0405 274 .85 0.50 I 0.0100 4.00 4 .00 0 .00 0.024 HEADWATER CALCULATIONS Control Type Outlet OUTLET CONTROL TW de (de+ Dl/2 ho H ELho 0.79 1.05 1.53 1.53 0 .64 270 .17 0 .62 1.15 1.58 1.58 0 .81 270 .39 0 .86 1.20 1.60 1.60 1.06 270.66 0 .91 1.30 1.65 1.65 1.36 271 .01 0.96 1.35 1.68 1.66 1.72 271.40 HW of Elev. Contro l 273 .17 Inlet 273 .30 Inlet 273.45 Inlet 273 .61 Inlet 273 .77 Inlet Velocity Free board (fps ) (ft .) 2.80 1.66 3.15 1.55 3.60 1.40 4.07 1.24 4.58 1.08 3/3/2 006 Exhib it D-2 .xls Exh ib it D-2 Culvert Design Criteria Culvert Description Circular Pipe No . 30 " CMP Dia . (ft.) Pioes n 2.50 1 0 .024 Culvert Analysis Calculations Total Flow per Critical Normal Design Flow Pipe Depth(ft .) Depth Storm (efs) (efs) de (ft.) 5 20 .00 20 .00 1.50 1.30 10 22 .50 22.50 1.63 1.39 25 25 .80 25 .80 1.75 1.52 50 29 .2 0 29 .20 1.85 1.66 100 33 .00 33 .00 1.98 1.82 Elhi = Hwi + Eli ho= TW or (de + D)/2 (Wh icheve r is Greater) -- EXHIBIT D-3 NAVAJO RIDGE DRIVE (CULVERT #3) ANALYSIS INDIAN LAKES PHASE VIII Invert Outlet Culvert Elev. (Eli) Elev. (Elo) Length (ft .) (ft.) (ft.) 265 .71 263 .53 76.50 INLET CONTROL HWi/D HWi Elhi 0 .92 2.31 268 .02 1.00 2.50 268 .21 1.10 2.74 268.45 1.20 2.99 268.70 1.57 3 .93 269 .64 H = (1+ke+((29•(n'2)"L)IR'1.33)]•((v"2)12 g) Elho =Ela+ H +ho Elhi~lHW l ~ ----~=p:~~/E'!° H --L--~-- -I. c:_ - _ - _ TW ELI Proposed Culvert ~ - - - --'---_ Elo Outfall Channel Design Criteria Top Lt . Side Rt. Side Bottom Slope of Slope Slope Slope Width n (ft/ft) Road ke I (fVftl (?:1) (?:1) fft .) 0.0285 270 .92 0.50 I 0.0100 4.00 4.00 0 .00 0.024 HEADWATER CALCULATIONS Control Type Outlet OUTLET CONTROL TW de (de+ D)/2 ho H Elho 1.10 1.50 2.00 2.00 1.00 266 .53 1.15 1.63 2.07 2.07 1.27 266.86 1.20 1.75 2.13 2 .13 1.67 267 .32 1.25 1.85 2.18 2.18 2.14 267 .84 1.31 1.98 2.24 2.24 2.73 268 .50 HW of Elev. Control 268 .02 Inlet 268 .21 Inlet 268.45 Inlet 268 .70 Inlet 269 .64 Inlet Velocity Free board (fosl (ft ,) 4 .07 2.90 4.58 2.71 5 .26 2.47 5 .95 2 .22 6.72 1.28 3/3/2006 Exhibit D-3 .xls Exhib it D-3 Culvert Deslan Criteria Culvert Description Circular Pipe No . 24 " CMP Dia . (ft,) Pioes n 2.00 1 0.024 Culvert Analvsls Calculations Total Flow per Critica l Normal Design Flow Pipe Depth(ft .) Depth Storm lcfsl l cfsl de (ft ,) 5 10.10 10.10 1.15 0 .84 10 11.40 11.40 1.20 0 .90 25 13 .10 13 .10 1.30 0 .97 50 14 .80 14 .80 1.40 1.04 100 16 .70 16.70 1.50 1.12 EL hi = Hw i + EU ho= TW or (de+ 0 )/2 (Wh icheve r is Greater) - - EXHIBIT D-4 MOJAVE CANYON DRIVE (CULVERT #4) ANALYSIS INDIAN LAKES PHASE VIII Invert Outlet Culvert Elev. (Eli) Elev. (ELo) Length (ft ,) (ft,) {ft .) 250.98 247.57 67 .88 INLET CONTROL HWi/D HWi ELhi 0 .84 1.68 252.66 0.91 1.82 252 .80 1.00 2.00 252 .98 1.09 2.17 253 .15 1.19 2.37 253 .35 H = [1 +ke+((29"(n•2 )"L)IR•1 .33)]°((v"2)/2g) ELho = ELo + H + ho ~ Top of Roa d ELho EL hi ~ .. ----~ t HW i ~ i'; - - - - - - --~ H ---"----- -!. - - - _ -TW ELI ___J( Proposed Cu lvert ~ - - - --'----_ ELo Outfall Channel Desi n Criteria Top Lt . Side Rt. Side Bottom Slope of Slope Slope Slope W idth n (ft/ft) Road ke I ft/ft ?:1 ?:1 ft . 0 .0502 254 .35 0 .50 I 0 .0100 4.00 4 .00 0 .00 0 .024 HEADWATER CALCULATIONS Control Type Outlet OUTLET CONTROL TW de Ide+ Dl/2 ho H ELho 0 .83 1.15 1.58 1.58 0 .70 249 .84 0 .87 1.20 1.60 1.60 0 .89 250 .06 0.92 1.30 1.65 1.65 1.18 250.40 0 .98 1.40 1.70 1.70 1.50 250 .77 1.03 1.50 1.75 1.75 1.9 1 251 .23 HW of Elev. Control 252 .66 Inlet 252 .80 In let 252.98 Inlet 253 .15 Inlet 253 .35 Inlet Velocity Free board lfosl {ft ,) 3 .21 1.69 3.63 1.55 4.17 1.37 4 .71 1.20 5 .32 1.00 3/3/2006 Exhi bit D-4 .xls Exhibit D-4 Culvert Design Criteria Culvert Description Circular Pipe No . 24" CMP Dia. (ft.) Pipes n 2.00 1 0 .024 C A I I CI ulvert na1vs s a culat ons Total Flow per Critical Normal Design Flow Pipe Depth (ft .) Depth Storm (cfsl (cfsl de (ft.} 5 12.20 12 .20 1.25 0 .91 10 13 .70 13.70 1.35 0 .97 25 15.60 15 .60 1.45 1.05 50 17 .60 17 .60 1.53 1.13 100 19.60 19.80 1.60 1.22 Elhi = Hw i + Eli ho = TW or (de + D)/2 (Whichever is Greater) - EXHIBIT D-5 COPPER CANYON DRIVE (CULVERT #5) ANALYSIS INDIAN LAKES PHASE VIII ELh i ~ Invert Outlet Culvert Top Elev. (ELI) Elev. (ELo ) Length Slope of (ft .) (ft .) (ft .) (ft/ft) Road ke I 267 .00 261 .28 104 .15 0 .0549 270 .35 0 .50 I HEADWATER CALCULATIONS - Outfall Channel Desl!ln Criteria Lt. Side Rt. Side Slope Slope Slope (fUftl (?:1) (?:1) 0 .0100 4 .00 4.00 INLET CONTROL OUTLET CONTROL HWi/D HW i ELhi 0 .95 1.90 266 .90 1.03 2 .06 269 .06 1.13 2.25 269 .25 1.23 2.46 269 .46 1.64 3.29 270 .29 H = [1 +ke+((29"(n'2 )"L )/RA1 .33)]"((v"2 )/2g ) El ho =Ela+ H +ho TW 0.91 0 .94 0.96 1.02 1.06 de (de+ Dl/2 ho H ELho 1.25 1.63 1.63 1.36 264 .26 1.35 1.66 1.66 1.74 264 .69 1.45 1.73 1.73 2.25 265 .26 1.53 1.77 1.77 2.87 265 .91 1.60 1.80 1.80 3.63 266 .71 Bottom Width n (fl.) 0.00 0 .024 Control Type HW of Elev. Control 266 .90 Inlet 269 .06 Inlet 269 .25 In let 269.46 Inlet 270 .29 Inlet Outlet Veloc ity Free board (fos l (ft,} 3.66 1.45 4 .36 1.29 4 .97 1.10 5 .60 0 .89 6.30 0 .06 3/3/200 6 Ex hi bit D-5 .xls Exhi bit D-5 Culvert Des i!ln Criteria Cu lvert Descripti on Circula r Pipe No . 18" CMP Dia . (ft .) Pipes n 1.50 1 0 .024 Culvert Analys i s Calculations Total Flow per Cr it ica l Normal Des ign Flow Pipe Depth (ft .) Depth Storm (cfs l (cfs l de (ft .) 5 3.40 3.40 0 .65 0.50 10 3 .80 3.80 0 .80 0 .53 25 4 .40 4 .40 0.80 0 .57 50 4 .90 4 .90 0 .85 0.60 100 5.60 5.60 0 .95 0.65 Elhi = Hwi + Eli ho = TW or (de + D)/2 (Whicheve r is Greate r) - EXHIBIT D-6 MOJAVE CANYON DRIVE (CULVERT #6) ANALYSIS INDIAN LAKES PHASE VIII Invert Outlet Cu lvert Elev. (Eli) Elev . (ELo ) Le ngt h (ft.) (ft .) (ft.) 266.40 261 .28 80 .88 INLET CONTROL HW i/D HW i ELh i 0 .66 0.99 267 .39 0 .7 1 1.06 267 .46 0 .77 1.16 267 .56 0 .83 1.25 267 .65 0 .9 1 1.36 267 .7 6 H = [1 +ke+((29 "(n'2)"L)/R'1.33)]"((v"2)/2 g) Elho = Elo + H + ho EL hi ~ ~ Top of Road ELh o ..........._t_HWi--L l° - - - - - - - --~ ~ ~--_,!f---t.C:. _____ ----~~ Eli Pro posed Cu lvert =..;:::..-""'---- ELo Outfall Channel Deslan Criteria Top Lt. Side Rt. Side Bottom Slope of Slope Slope Slope W idt h n (ft/ft) Road ke I (ft/ft) (?:1) (?:1) (ft .) 0 .0633 270 .35 0.50 I 0.0100 4 .00 4.00 0 .00 0.024 HEADWATER CALCULATIONS Contro l Typ e Ou tl et OUTLET CONTROL TW de (de+ D)/2 ho H EL ho 0 .52 0 .65 1.08 1.08 0 .37 262.73 0 .54 0 .80 1.15 1.15 0 .47 262 .90 0 .57 0 .80 1.15 1.15 0 .62 263 .05 0.59 0 .85 1.18 1.18 0.77 263 .23 0.62 0 .95 1.23 1.23 1.0 1 263.52 HW of Elev. Con t ro l 26 7.39 In let 267.46 In let 267.56 In let 26 7.65 Inlet 26 7.76 Inl et Ve loci ty Fre e boa rd (fps ) (ft ) 1.92 2 .96 2.15 2.89 2.49 2.79 2 .77 2.70 3 .17 2.59 3/3/200 6 Exhi bit D-6 .xls Exhi bit D-6 CITY OF COLLEGE S TAT ION PIAnn ing & Develop ment Services ! FOR OFFICE USE -~LY P&Z CASE NO.: Q(J ~ L-f 7 DATE SUBMITIED: FINAL PLAT APPLICATION (Check one) D Minor ($300.00) D Amending ($300.00) C8J Final ($400.00) D Vacating ($400.00) D Replat ($600.00)* *Includes public hearing fee Is this plat in the ET J? C8J Yes D No The following items must be submitted by an established filing deadline date for P&Z Commission consideration. MINIMUM SUBMITTAL REQUIREMENTS: _x_ Filing Fee (see above) NOTE: Multiple Sheets -$55.00 per additional sheet N/A Variance Request to Subdivision Regulations -$100 (if applicable) N/A Development Permit Application Fee of $200.00 (if applicable). N/A Infrastructure Inspection Fee of $600.00 (applicable if any public infrastructure is being constructed) _x_ Application completed in full. _x_ Copy of original deed restrictions/covenants for replats (if applicable). _x_ Thirteen (13) folded copies of plat. (A signed mylar original must be submitted after staff review.) _x_ One (1) copy of the approved Preliminary Plat and/or one (1) Master Plan (if applicable). _x_ Paid tax certificates from City of College Station , Brazos County and College Station l.S.D . _x_ A copy of the attached checklist with all items checked off or a brief explanation as to why they are not. _x_ Two (2) copies of public infrastructure plans associated with this plat (if applicable). N/A Parkland Dedication requirement approved by the Parks & Recreation Board , please provide proof of approval (if applicable). Date of Preapplication Conference: Unknown NAME OF SUBDIVISION : The Villages of Indian Lakes Phase VIII SPECIFIED LOCATION OF PROPOSED SUBDIVISION (Lot & Block): End of Indian Lakes Drive APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name: Travis Martinek Street Address : 3608 East 29th Street, Suite 100 State : Texas Zip Code : 77802 Phone Number: (979) 846-4384 City: Bryan E-Mail Address : travis@clarkewyndham.com Fax Number: (979) 846-1461 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name: Smiling Mallard Development, Ltd. Street Address : 3608 East 29th Street, Suite 100 City: Bryan State : Texas Zip Code: 77802 E-Mail Address : travis@clarkewyndham.com Phone Number: (979) 846-4384 Fax Number: (979) 846-1461 ARCHITECT OR ENGINEER'S INFORMATION: Name: McClure & Browne, Inc . Street Address : 1008 Woodcreek Drive , Suite 103 State : Texas Zip Code: 77845 Phone Number: (979) 693-3838 6/13/03 City: College Station E-Mail Address : mikem@mcclurebrowne.com Fax Number: (979) 693-2554 I of I Do any deed restrictions or covenants exist for this property? Yes I Is there a temporary blanket easement on this property? No Acreage -Total Property: 69 .97 Total# of Lots : 36 R-0-W Acreage : 8.99 Existing Use: Vacant Proposed Use : Single Family Residential Number of Lots By Zoning District Average Acreage Of Each Residential Lot By Zoning District: Floodplain Acreage: 0.00 A statement addressing any differences between the Final Plat and approved Master Plan and/or Preliminary Plat (if applicable): Not Applicable Requested Variances To Subdivision Regulations & Reason For Same: Not Applicable Requested Oversize Participation: Not Applicable Total Linear Footage of Proposed Public: 5,197 Streets 0 Sidewalks 0 Sanitary Sewer Lines 5,270 Water Lines 0 Channels 0 Storm Sewers 0 Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE: ___ # of acres to be dedicated + $ ____ development fee ___ # of acres in floodplain # of acres in detention --- ___ # of acres in greenways OR FEE IN LIEU OF LAND : ___ # of Single-Family Dwelling Units X $556 = $ ___ _ _______ (date) Approved by Parks & Recreation 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 . The undersigned hereby requests approval by the City of College Station of the above-identified final plat and attests that this request does not amend any covenants or restrictions associated with this plat. Date f)ESl<i-Al c (ONJT~u<.T/ON I 6/13/03 2 of 2 SUBMIT APPLICATION AND THIS LIST CHECKED OFF WITH 13 FOLDED COPIES OF PLAT FOR REVIEW CITY OF C OLLEGE STATI O N Planning & Develop ment Services 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.) 1 / Drawn on 24" x 36 " sheet to scale of 100' per inch or larger. 2 ./ V icinity 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 6/13/03 arrow. 3.(Title Block with the following information : /[8J Name and address of subdivider, recorded owner, planner, engineer and surveyor. vfgJ Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos County 911 .) (Replats need to retain original subdivision name.) ·~ Date of preparation . LC:,J Eng ineer's scale in fee t. ~ Total area intended to be developed . 4 . (~rth Arrow . ' 5. /subdivision boundary indicated by heavy lines. nifl If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or Ir \. larger. 7 . V Aii applicable certifications based on the type of final plat. i [8J Ownership and Dedication 1.--[8J Surveyor and/or Engineer v{8J City Engineer (and City Planner, if a minor plat) ~ Plann i ng and Zoning Commission (delete if minor plat) v{8J Brazos County Clerk ~ Brazos County Commissioners Court Approval (ET J Plats only) 8. vPaid tax certificates . fl'-lf submitting a replat where there are existing improvements, submit a survey of the subj ect groperty showing the improvements to ensure that no encroachments will be created . 1 O .~ using private septic systems , add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioner's y urt of Brazos County, pursuant to the provisions of Section 21 .004 of the Texas Water Code . 11 . Location of the 100 Year Floodplain and floodway, if applicable, according to the most recen t available data. 12.yt_?t corner markers and survey monuments (by symbol) and clearly tied to basic survey data. 13. vM atches the approved preliminary plat and/or master development plan . 3 of3 I 14. 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). Existing Proposed l:8J l:8J v 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. [8J v Public and private R.O.W. locations and widths. (All existing and proposed R.O.W .'s sufficient to meet Thoroughfare Plan .) [8J V Street offsets and/or intersection angles meet ordinance. 1:8J ~ C~ Alleys . [8J ~ Easements. [8J V A number or letter to identify each lot or site and each block. 1:8J fP-Greenbelt area/park linkages/parkland dedication ( All proposed dedications must be reviewed by the Parks and Recreation Board prior to P & Z Commission consideration .) [8J 15 Construction documents for all public infrastructure drawn on 24" x 36 " sheets and properly sealed -. tf\ . : a Licensed Texas Professional Engineer that include the following : if" 161 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). [8J 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.) [8J 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 subd ivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) [8J 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 . [8J Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E . [8J Drainage Report. [8J Erosion Control Plan (must be included in construction plans). [8J v16 . 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 filed prior or concurrently with Final Plat. [8J 0 7. Are there impact fees associated with this development? 0 Yes [8J No Impact fees for R-1 , R-2, & R-3 zoned final plats, must be paid prior to filing . [8J vfa. Will any construction occur in TexDOT rights-of-way? 0 Yes [8J No If yes, TexDOT permit must be submitted along with the construction documents. NOTE: 1 . We will be requesting the corrected Final Plat to be submitted in digital form if available prior to 6/1 3/03 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. 4 of4 TO : CLARKE+ W YNDHAM REAL ESTATE I VE TME T ERVlCE TRAVIS MARTINEK DESIGN AND C ONSTRUCTION MANAGER OFFIC E: (979) 84&-4384 CELL : (979) 229-98n FAX : (979) 846·1461 3608 E T 29TII STREET, S rTE 100, COLLEGE STATION, TEXAS 77802 TRANSMITTAL SHEET DATE : Deborah Grace 9/15/2006 j COMPANY : TOTAL NO . OF PAGES INCLUDING COVER : CS Dev Services See Below FAX NUMBER : PHONE NUMBER : RE : Indian Lakes -Phase 8 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS : Deborah , Please obta in the required signatures and file this plat at your earliest convenience. Call me once the plat is filed and I will stop by and pick up a copy . Or, you can email me a digital , scanned version (travis@clarkewyndham .com). I've attached a copy of Wellborn Water's acceptance of the waterl in e construction and a copy of Brazos County's approval of the road construction . Let me know if you have any questions. Thanks , Travis Travis Martinek From: Stephen Cast [wsud .scc@verizon.net] Sent: Thursday, September 14 , 2006 9 :32 AM To: Travis Martinek Travis: rage 1 or 1 Wellborn Special Utility District inspected phase 8 of the Indian Lake development and determined that water lines meet requirement of the District. Please give me a call if you need additional information . Stephen Cast General Manager Wellborn Special Utility District 9/14/2006 Mc & BROWNE E N GINEE G/SURVEYING, INC. MB I 11 1008 Woodcreek Drive , Suite 103 •College Station, Texas 77845 (979) 693-3838 • Fax: 7 -2554 •Email : MoClureBrnwne@ V~it. ~(, 1:ct· TRANSMITTAL LETTER ~ TO: M Jennifer Prochazka Senior Planner City of College Station Post Office Box 9960 College Station, Texas 77842 DATE: March 17, 2006 RE: INDIAN LAKES, Phase VIII Phone: (979) 764-3570 Fax: (979) 764-34 96 PRJT No.: 1062-0008 ATTACH. DESCRIPTION 2 each 24"x36" Copies of the Revised Final Plat 15 each 11"x17" Copies of the Revised Final Plat THESE ARE BEING SENT: 8 At your request o For your signature 181 For your approval o For ________ _ COMMENTS: o For your information o For further action as noted o For review and comment o At request of ______ _ o Per our conversation o Per contract 181 For your use o Original will follow by mail One (1) Mylar original of the Revised Final Plat will be submitted once finalized and One(1) copy of the digital file has been emailed to Sven Griffin at sgriffin@cstx.gov In response to the ENGINEERING Comment dated March 10, 2006 from Carol Cotter: The PUE's located between Lot 5 and 6 and Lots 16 and 17 are no longer needed as Drainage Easement's. If you have any questions or need any additional information, please do not hesitate to call. Copyto: ------------Signed:--~=--''""'-------- Jeffery L. Robertson F:\1 062 ·Clarke & Wyndham lnc\0008 ·Indian Lakes Phase VUl\Correspondence\COCS • Prodlazka01 • netter.wpd TO: DHAM DESIGN AND CONSTRU TION MANAGER O FFIC E (9 79 ) 46--BS-I CELL. (979} 22 -9877 FA X: (979) 46-146 1 J608 EA .. T 29Tl l STREET, S ITT 100, C OLLEGE STATI ON, TEXAS 77802 TRANSMITTAL SHEET DATE : Jennifer Prochazka 3/19/2006 COMPANY : TOTAL NO . OF PAGES INCLUDING COVER: CS Development Services See Below FAX NUMBER : PHONE NUMBER : RE : Indian Lakes -Phase 8 Final Plat 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS : Jennifer, Attached are the following : • 2 -24"x36 " copies of the revised Final Plat • 15 -11 "x17" copies of the revised Final Plat Note : Mylar and digital copies will be provided once the Final Plat is approved . This submittal should be sufficient to allow for the Final Plat to be placed on the April 6th P&Z agenda. Please contact me if you require additional information or documents. Thanks , Travis C ITY OF C OLLEGE S TAT ION Planning & Development Services 1101 Texas Av enue, P .O . Box 9960 College Station , Texas 77842 Phone 979 .764 .3570 / Fax 979 .764 .3496 MEMORANDUM March 13, 2006 I TO : Travis Martinek, via fax : 979 .846.1461 FROM : Jennifer Prochazka , Senior Planner \ SUBJECT: INDIAN LAKES PH 8 (FP) -Final Plat J Staff reviewed the above-mentioned final plat as requested . The follow ing page is a list of staff review comments detailing items that need to be addressed . If all comments have been addressed and the following informat ion submitted by Monday , March 20 , 2006 at 10 :00 a.m., your project will be placed on the next available Planning and Zoning Commission meeting scheduled for, April 6 , 2006 at 7:00 p.m . in the City Hall Council Chambers , 1101 Texas Avenue . Two (2) 24 "x36 " copies of the revised final plat ; Fifteen (15) 11 "x17 " copies of the revised final plat ; One (1) Mylar original of the revised final plat; and One (1) copy of the digital file of the final plat on diskette or e-mail to sgriffin@cstx .gov and awelsh@cstx .gov; and Upon receipt of the required documents for the Plann ing & Zoning meeting , your project wil l be considered formally filed w ith the City of College Station . Please note that if all comments have not been addressed your project will not be scheduled for a Planning & Zoning Commission meeting . Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. If you have any questions or need additional information , please call me or Carol Cotter at 979 .764 .3570 . Attachments : Staff rev iew comments cc : McClure & Browne , Inc., via fax : 979 .693 .2554 Case file #06-00500047 / NOTE : Any c hanges made to the plans , tha t have not been reques ted by the City of Colleg e Stat ion , must be explained in yo ur next t ransm itta l lette r and "bubbled " on your plans . An y additiona l c hanges on these plans that have not been po in ted out to t he City , w ill constitute a comp letely new re vie w . PLANNING STAFF REVIEW COMMENTS NO. 1 Project : INDIAN LAKES PH 8 (FP)-7 0047 1. The construction documents and reports are still under review and may affect the plat. Reviewed by: Jennifer Prochazka Date : March 13, 2006 ENGINEERING 1. The PUEs located between Lot 5 and 6 and Lots 16 and 17 were denoted as public drainage easements on the Preliminary Plat. Did you mean to change this? Reviewed by: Carol Cotter Date : March 10, 2006 NOTE: Any changes made to the plans , that have not been requested by the City of College Station , must be explained in your next transmittal letter and "bubbled" on your plans . Any additional changes on these plans that have not been pointed out to the City , will constitute a completely new review. 2 Se P. 13. 2 0 0 6 1 0 : 2 9 AM BRAZOS COUNTY ROAD AND BRIDGI<~ DEPARTMENT Richard F Vance, P.E., County Engineer Randy Sims, County Judge Lloyd Wassermann, Commissioner Precinct 1 E. Duane Peters, Commissioner Precinct 2 Travis Martinek Design & Construction Manager Smiling Mallard Development, Ltd. 3608 E . 2 9111 Street, Suite 100 Bryan, Texas 77802 September 12, 2006 Subject: Villages ofin<lian Lakes, Phase 8 Construction Acceptance Dear Mr. Martinek: No . 43 15 P. 1 I Kenny Mallard , Commissioner Precinct 3 Carey Cauley, Commissioner Pnicinct 4 Road and Brid ge perso1mel conducted a final on-site inspection of the road (portion of Indian Lakes Drive , Copper River Drive, Mojave Canyon Dri ve and Navajo Ridge Drive) and drainage strnctures of Indian Lake s Phase 8 and determined that construction is now in compliance with the Brazos County Subdivision and Development Regulations. Since construction has been approved, please be advised that the developer now enters the two- ycar maintenance af:,:rreement period and is responsible for all repairs and up-keep of all roads , drainage structures and signage associated with said subdivision. The construction bond/letter of credit must now be replaced with a maintenance bond/letter or credit, which shall be 10% of the amount of the original construction bond/letter of credit. The maintenance bond/letter of credit is to be kept on file at the Brazos County Road & Bridge Department. Brazos County requirements and specifications regarding concrete in county right of way will be strictly enforced per Addendum (see attached copy) to the current Brazos County Subdivision and Development Regulations which stipulates concrete on driveways/entrances from the roadway to the right of way line is not J!ermitted. Also, pen11anently constructed mailboxes must have their face at least 5 ft. from the edge of the driving surface. Please note on all future phases (to this or any development), as the developer, you are responsible for policing all builders on in stalling the driveways and mail boxes/stands in accordance with the current county regulations. -----------------. -··----·""-~-------2617 Highway 2 1 West Bryan, Texas 77803 Office (979)822-2127 I Fax (979)775 -0453 Sep. 13. 200 6 10:29AM Smiling MAiiard, Ltd . Indian l.akcs Ph 8 Construct ion Scptcmher 12, i.006 Pui;e2 No. 43 15 P. 2 I When the maintenance agreement period has expired, Brazos County will consider acceptance of the maintenance of lndjan Lakes Phase 8 provided all construction, at that time, complies with county specification s and is in good repair. · If there are further questions please contact our office (979-822-2127). Sincerely, ~~~~ County Engineer lndinn Lakes Ph 8 Con str11cti tm /lc~•l~•m~• cc: Commissioner Lloyd Wassermann, Pct 1 Gary Arnold, Dir. of Planning/Traffic DEVELOPMENT REVIEW INDIAN LAKES PH 8 06 -47 FINAL[Sd PLAT N () D vr DEVELOPMENT REVIEW 11 INDIAN LAKES PH 8 II Case 06-47 FINALPfj PLAT Item No . I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 5 26 27 2 8 29 30 3 1 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Indian Lakes S u bdivis io n, Phases Vill Engineer's Estimate March 6, 200 6 Description Unit Paving Construction Pre pare Work Area Lump Sum Clearing and Grubbin g Ac. Tree Protection L.F. Earthwork C.Y. 1.5" HMAC (including orime coat) S.Y. 6" Lime Stabilized Subgrad e (6%) S.Y. Extra Lime Ton 6" Crushed Limestone Base S.Y. 4 " PVC Conduit (structural backfill) L.F. 4 " PVC Conduit (non-structural backfill ) L.F. End of Road Markers (0M-4Bl EACH Drainage Construction 18 " CMP, galv., structural backfill L.F. 18" CMP , galv., non-structural backfill L.F. 24" CMP , galv., structural backfill L.F. 24" CMP , galv., non-structural backfill L.F . 30" CMP , gaJv ., structural backfill L.F. 30" CMP, galv., non-structural backfill L .F . 30"x45 deg. Bend EACH 24 "x30 deg. Bend EACH Sloped Headwall for 18 " CMP EACH Slooed Headwall for 24" CMP EACH Sloped Headwall for 30" CMP EACH 4' Wide Land Lok GT Erosion Matting (ditch liner) L.F . Land Lok GT Erosion Matting (slope protection) S.Y. Straw Bale Barrier EACH Cellulose Fibennulch Seeding S.Y. Rock Rip Rap Channel Lining S.Y. Construction Exit for Silt Control S.Y. Si lt Fence L .F . Water Lme Construction 12" CL 100 -C900 , non-structural backfill L.F. 12" CL !OO-C900, w/ 24 " PVC Casing L.F. 6" CL !OO-C900 , non-structural backfill L.F. 6" CL 100-C900, w/ 12" PVC Casing L.F . 3" CL 160-ASTM D2241 , non-structural backfill L.F. 12"xl2" Tee EACH 12"x13 " Anchor Coupling EACH 12" Gate Valve EACH 12"x6" Reducer EACH 12"x3 " Tanned Plug EACH 12"xl2" Cross EACH 12"x45 deg. Bend EACH 6" Gate Valve EACH 6"x 13 " Anchor Coupling EACH 6"x 6" Tee EACH 6"x3" Tapped Plug EACH 3" Gate Valve EACH 3"x 45 degree Bend EACH 3 "x 22.5 degree Bend EACH Blow Off Assemblv EACH Remove Existing Blow-off Assembly EACH Connect to Existing Water Line EACH 1.5" Tvne K Conner Water Ser. (includes 3" Casing) EACH Tota l Constructio n Cost / Q . Estimated uanttty Unit Price Total I 5,000 .00 5,000 .00 12 .8 1,000 .00 12 ,800 .00 500 1.50 750 .00 7,479 3 .50 26 ,176 .50 16 ,967 6 .00 101 ,802.00 20 ,550 3 .75 77,062.50 150 100 .00 15 ,000.00 19 ,3 55 7 .2 5 140 ,323 .75 100 12 .00 1,200 .00 100 10.00 1,000 .00 4 200 .00 800.00 Paving Subtotal 3 81 ,914 .75 40 38.00 1,520 .00 29 28 .00 817 .60 124 45 .00 5,5 80 .00 82 35 .00 2 ,859 .50 78 40 .00 3,120.00 81 30 .00 2,430 .00 1 500.00 500.00 1 400 .00 400.00 2 700 .00 1,400 .00 6 850.00 5,100 .00 4 1,000 .00 4 ,000.00 8,078 1.25 10 ,09 7.50 1,731 1.50 2,596.50 101 50 .00 5,050.00 41 ,436 0 .50 20 ,718 .00 651 35 .00 22 ,785 .00 67 10.00 670 .00 3 772 2 .50 9,430 .00 Drainage Subtotal 99 ,074 .10 1,625 30 .00 48 ,750 .00 140 60.00 8,400.00 300 20 .00 6,000 .00 150 40 .00 6,000.00 3,112 12 .00 37,344 .00 1 625 .00 625.00 5 300.00 1,500 .00 2 1,200.00 2,400.00 1 500.00 500.00 I 350.00 350.00 1 700 .00 700 .00 4 350.00 1,400 .00 1 750 .00 750 .00 I 100 .00 100.00 1 300.00 300 .00 2 250 .00 500 .00 4 400 .00 1,600 .00 12 150 .00 1,800 .00 I 150 .00 150 .00 4 750 .00 3,000.00 I 250.00 25 0 .00 I 250 .00 250 .00 6 1,200 .00 7,200 .00 Water Line Subtotal 129 869 .00 I $610,8S7.8S The above construction estimate is based on the engineer's preliminary opinion of probable construction costs. This estimate constitutes our best judgment at this time . Please note that the engineer does not have any control over contractor or supplier _..,. ... ...,''''''''' workloads and the degree to which inflation may affect project costs between now and the bid date . During construction, additional..:=--~~.?.:. •• r~-t '''' features may become apparent as the work progresses, which will result in an increase in cost . ,::' 4' .-"'*' ··· ... -115' '11 ;'•/ ·· .. ir/1. #•... ... * ~ ~ ................................ .-....... l 11 t f{f-3/~ot l~r-·~·~~~Ji) J ry . Robertso , .E. ate 11 O .... -.. (.1ic .,,Q •• • ..s: .- 11 ~"· ENSv .-·,.§ -,, ... ~s ··-....... ·-;._~v; ,,,,!ONAL~ ...... - ,,,,,,,~ .. · .. "- RECORDED JUNE 18, 2003 VOLUME 5375, PAGE 33 OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS I DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES ARTICLE 1 DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES TABLE OF CONTENTS I DEFINITIONS ........................................................................................................................ Page 1 1.01 "ACC" ....................................................................................................................... Page 1 1 .02 "Access Road" .......................................................................................................... Page 1 1.03 "Architectural Guidelines " ......................................................................................... Page 1 1 .04 "Assessment" ........................................................................................................... Page 2 1 .05 "Association" ............................................................................................................ Page 2 1.06 "Board" ..................................................................................................................... Page 2 1.07 "Common Areas" ...................................................................................................... Page 2 1.08 "Conservation Areas and/or Easements, Corridors & Parks " ................................... Page 2 1.09 .. Culvert Design Guidelines" ..................................................................................... Page 2 1 .10 "Declaration " ............................................................................................................. Page 2 1. 11 "Development Period " .............................................................................................. Page 3 1. 12 "Dwelling Un it" .......................................................................................................... Page 3 1.13 "Easements " ............................................................................................................. Page 3 1. 14 "Fencing Guidelines " ................................................................................................ Page 3 1. 15 "Fiscal Year" ............................................................................................................. Page 3 1.16 "Improvement" .......................................................................................................... Page 3 1 .17 .. Lake " ....................................................................................................................... Page3 1 .18 "Lake Lot" ................................................................................................................. Page 3 1 . 19 .. Lot" .......................................................................................................................... Page 3 1 .20 "Member" .................................................................................................................. Page 3 1 .2 1 "Owner" .................................................................................................................... Page 3 1 .22 "Plat " ......................................................................................................................... Page 4 1.23 "Property" ................................................................................................................. Page 4 1 .24 "SMD" ....................................................................................................................... Page 4 1 .25 "Special Assessment" .............................................................................................. Page 4 1.26 "Stream Map and Identification Table " ..................................................................... Page 4 1.2 7 "Structure " ................................................................................................................ Page 4 1.28 "Subdivision" ............................................................................................................. Page 4 1.29 "Supplemental Declaration " ...................................................................................... Page 4 1 .30 , "Telecommunication Guidelines " .............................. : ............................................... Page 4 1 .31 "Trails " ...................................................................................................................... Page5 1 .32 "Waterway" ............................................................................................................... Page 5 1.33 "Wiring Guidelines " ................................................................................................... Page 5 ARTICLE 2 ARCHITECTURAL CONTROL COMMITTEE ...................................................................... Page 5 2.01 Membership of Architectural Control Committee ..................................................... Page 5 2 .02 Action of Architectural Control Committee ............................................................... Page 5 2 . 03 Advisory Members .................................................................................................... Page 5 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -ii- I 2 .04 Term ......................................................................................................................... Page 5 2.05 SMD 's Rights of Appointment .................................................................................. Page 5 2 .06 ACC Jurisdiction ....................................................................................................... Page 5 2 .07 Adoption of Architectural Guidelines and Rules by the ACC .................................... Page 6 2.08 Review of Proposed Construction ............................................................................ Page 7 2.09 Preliminary and Final Plan Submission and Approval Process ................................ Page 8 2 .10 Actions of the ACC ................................................................................................... Page 9 2.11 No Waiver of Future Approvals ................................................................................ Page 9 2 .1 2 Work in Progress ..................................................................................................... Page 9 2.13 Nonliability of ACC Members ................................................................................... Page 9 2 .14 Certificate of Compliance ....................................................................................... Page 10 2.15 Variances ............................................................................................................... Page 10 2 .16 Governmental Agency Approval ............................................................................. Page 1 O 2 .17 Relationship with Association ................................................................................. Page 10 2.18 Violation of Article 2 ................................................................................................ Page 1 O 2 .19 Remedy .................................................................................................................. Page 10 ARTICLE 3 INDIAN LAKES HOMEOWNERS ASSOCIATION(S) ........................................................ Page 11 3 .01 Organization ........................................................................................................... Page 11 3 .02 Membership ............................................................................................................ Page 11 3 .03 Voting Rights .......................................................................................................... Page 12 3 .04 Powers and Authority of the Association ................................................................ Page 12 3 .05 Board of Directors .................................................................................................. Page 13 3 .06 Maintenance ........................................................................................................... Page 13 3 .07 Common Areas ...................................................................................................... Page 13 3.08 Association Powers ................................................................................................ Page 14 3.09 Agreements with City of College S tati on/Brazos County ........................................ Page 15 3.10 Telecommunication Services ................................................................................. Page 15 3 .11 Indemnification ....................................................................................................... Page 16 ARTICLE 4 RESTRICTIONS .................................................................................................................. Page 16 4 .01 Building, Construction. and Use Restrictions ......................................................... Page 16 4.02 General Restrictions ............................................................................................... Page 19 4 .03 Restrictions for Waterways and Lakes ................................................................... Page 21 4 .04 Restrictions Relating to Conservation Development .............................................. Page 22 ARTICLE 5 WATER SERVICE; NO PRIVATE WELLS ......................................................................... Page 24 ARTICLE 6 RIGHTS QF ENJOYMENT IN THE COMMON AREAS ..................................................... Page 24 6.01 Easement ............................................................................................................... Page 24 6.02 Extent of Members ' Easements ............................................................................. Page 24 6.03 Restricted Actions by Members .............................................................................. Page 25 6 .04 Delegation of Use: Damage to the Common Areas ............................................... Page 25 6.05 Rules of the Board .................................................................................................. Page 25 6.06 Use of Common Areas ........................................................................................... Page 25 6 .07 User Fees and Charges ...................... ~ .................................................................. Page 25 6.08 Encroachments ...................................................................................................... Page 26 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -iii- I ARTICLE 7 FUNDS AND ASSESSMENTS ........................................................................................... Page 26 7 .01 Assessments .......................................................................................................... Page 26 7 .02 Maintenance Fund .................................................................................................. Page 26 7 .03 Regular Annual Assessments ................................................................................ Page 26 7 .04 Special Assessments ............................................................................................. Page 27 7 .05 Owner's Personal Obligation for Payment of Assessments ; Late Fees ................. Page 27 7 .06 Assessment Lien and Foreclosure ......................................................................... Page 27 ARTICLE 8 EASEMENTS ...................................................................................................................... Page 28 8.01 Reserved Easements ............................................................................................. Page 28 8 .02 Installation and Maintenance .................................................................................. Page 28 8 .03 Surface Areas ......................................................................................................... Page 28 8 .04 Drainage Easements .............................................................................................. Page 28 8 .05 Blanket Easement .................................................................................................. Page 28 8 .06 Drainage Maintenance Easement .......................................................................... Page 29 8 .07 Trail Easement ....................................................................................................... Page 29 8 .08 Riparian Management Easements ......................................................................... Page 29 ARTICLE 9 MISCELLANEOUS PROVISIONS ...................................................................................... Page 29 9.01 App li cability ............................................................................................................. Page 29 9.02 Term ....................................................................................................................... Page 29 9 .03 Mortgagee .............................................................................................................. Page 29 9 .04 Assignment of SMD Rights and Duties .................................................................. Page 30 9 .05 Run With Land ....................................................................................................... Page 30 9 .06 Deviations ............................................................................................................... Page 30 9 .07 Severability ............................................................................................................. Page 30 9.08 Enlargement or Reduction of the Property ............................................................. Page 30 9 .09 Amendment ............................................................................................................ Page 31 9.10 Failure to Enforce Covenants ................................................................................. Page 31 9 .11 Covenants Do Not Create Reversion ..................................................................... Page 31 9 .12 Relief for Violation or Breach .................................................................................. Page 31 9 .14 Alteration of this Declaration .................................................................................. Page 32 9 .15 Assignment by the Association .............................................................................. Page 32 9 .16 Definition of "Titles" ................................................................................................ Page 32 9 .17 Notices ................................................................................................................... Page 32 9 .18 Mutuality. Reciprocity. Runs with Land ................................................................... Page 32 9 .19 No Warranty of Enforceability ................................................................................. Page 33 9 .20 , Time is of the Essence ............................................. : ............................................. Page 33 9.21 Maximum Interest Payable ..................................................................................... Page 33 9.22 Replatting ............................................................................................................... Page 33 9 .23 Conflict ................................................................................................................... Page 33 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -iv- STATE OF TEXAS § COUNTY OF BRAZOS § j DECLARATION OF COVENANTS, CONDITIONS , RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSoftheVillagesoflndian Lakes , is made effective as of the 18th day of June , 2003, by Smiling Mal lard Development, Ltd, a Texas limited partnersh i p (hereinafter sometimes referred to as "SMD"): WHEREAS , SM Dis the owner of all that certain tract of land in Brazos County , Texas , wh ich tract is described on Exhibit "A ", attached hereto and incorporated herein by reference; and WHEREAS, SMD desires to create and provide for the development and i mprovement and ma intenance of the Subdivision (as defined below) for the mutual benefit and pleasure of the present and future property owners in such Subdivision , to protect and conserve the native beauty and natural plant and wildlife habitats of the Property (as defined below) and to protect the property values with i n such Subd ivision by imposing upon and against all the des ignated lots therein the covenants , reservations , restrictions , and other provisions hereinafter set forth; NOW THEREFORE, the following restrict ions, including without lim itation restr ictions, covenants , declaration , easements, limitations , charges , agreements, and conditions (hereafter collectively called the "Restrictions"), are hereby established and adopted to apply uniformly to use , occupancy and conveyance of all the Lots in the Subdivision . Every contract , deed or conveyance which may be hereafter executed with rega rd t o any of the Property shall be conclus ively d e emed to have been executed, delivered and accepted subj ect to the following covenants , cond itions and restrict ions , even if the covenants , conditions and restrictions are not set out in full and are not incorporated by reference in such contract of sale , deed , lease or other transfer of and interest in such parcel. ARTICLE 1 DEFINITIONS The following words when used in this instrument shall have the following meanings : 1 .01 "ACC" shall mean the Architectural Control Committee, established under Article 2 of this Declaration, and its successors and assigns . 1.02 , "Access Road" shall mean any road depicted on the Plat or other publicly dedicated street , drive , boulevard , r9ad, alley, lane, avenue or thoroughfare. 1 .03 "Architectural Guidelines " shall mean those particular standards, restrictions, gu idelines, recommendations and specifications promulgated by the ACC applicab l e to most of the aspects of construction, placement, location, alteration, maintenance and design of any improvements to or within the Property, and all amendments, bulletins, modifications , supplements and interpretations thereof, and including, without limitation , Fencing Guidelines and Wiring GuideJines . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 1 j 1 .04 "Assessment" shall mean and refer to the assessments levied by the Board pursuant to Article 7 . 1.05 "Association " shall mean the non -profit association formed by SMD pursuant to Article 3 of this Declaration which has the power, duty and responsibility of maintaining and administering certain portions of the Property and all of the Common Areas , administering and enforcing this Declaration and otherwise maintaining and enhancing the quality of life and conserv ing the native beauty and plant and wildlife habitats within the Subdivision . 1 .06 "Board" shall mean and refer to the Board of Directors of the Association . 1 .07 "Common Areas " shall mean any and all areas of land w ithin the Property which are known , described or designated as common areas , parks, conservation areas, recreational easements, floodway easement areas, lakes, ponds , dams , perimeter fences and columns , off-site monuments and directional signs , landscape easement , g reen b elts , open spaces , paths and trails , and the like including w ithout limitation those shown on any recorded subdivision plat of portions of the Property as well as those not shown on a recorded subd i vision plat but wh ic h are intended for or devoted to the common use and enjoyment of the Members of the Association , toge t her with any and all improvements that are now or that may hereafter be constructed the reon . The concept of Common Areas will also include : (a ) any and all pub li c right-of-way lands within the Property for which the City of College Station has required that the SMD and/or the Association expend private , non-reimbursable time and monies to care fo r and ma i nt a in , such as but not limited to : street medians , streetscape , tra i ls , p a rk areas and quasi-governmental service facilit ies ; a n d {b) a ny and all fac il it ies provided by the SMD and/or the Assoc iation to or for the benefit of the local pol ice , fi re and sim ilargovernmental departments for wh ich no reimbursement via publ ic funds is reques t ed or anticipated. SM D may c o nvey record t itle o r ea s ements to some or all of the Common Areas to the Assoc iation if , as and when deemed appropriate by SMD o r as may be requ ired by governmenta l offic ia ls , and SMD shall at all ti mes have and reta i n the right to effe ct mi nor redesigns or minor reconfigurations of the Common Areas (particularly along the edges) and to execute any open space declarations applicab le to the Common Areas which may be permitted in orde r to reduce p roperty taxes , and to take whatever steps may be appropri ate to lawfully avo id or mi nimize the imposition of federal and state ad valorem and/or income taxes . 1.08 "Conservation Areas and/or Easements, Corridors & Parks "hereinafter "CAC&P" shall mean and refe r to those portions of the Common Areas , wh i ch by plat or other recorded instr ument are restricted for use solely for conservat ion and pass ive recreation purposes . SMD or the Association {after the Development Period) reserves the sole and exclusive right to amend existing CAC&P's, add new CAC&P 's and amend any permissible activiti es within or rights to access the CAC&P 's . SMD and the Association make no guarantees or warranties of an y nature for the longevity and mortality of habitats of any species on the Property . 1.09 "Culvert Design Guidelines " shall mean those guidelines referred to in Section 4 .01.03 of this Declaration . 1.10 "Declaration " shall mean this "Declaration of Covenants , Conditions and Restrictions", together with any and all amendments or supplement&. hereto recorded in the Official Records of Brazos County, Texas . Declaration of Covenants, Conditions , Reservations and Restrictions of Villages of Indian Lakes Page2 / 1 .11 "Development Period" shall mean a period commencing on the date of the recording of this Declaration in the Official Records of Brazos County, Texas and continuing thereafter until and ending on the earlier to occur of: (a) substantial completion of all development (including without limitation the completion and sale of all Lots to third parties) within the Property; (b) the twentieth-fifth (25 1 ") anniversary of the date of recordation of this Declaration in the Official Records of Brazos County, Texas; or (c) the date determined by SMD to be the end of the Development Period . 1.12 "Dwelling Unit" shall mean any building or portion of a building situated upon the Property which is designed and intended for use and occupancy as a residence by a single person , a couple , a family or a permitted family size group of persons . 1.13 "Easements " shall mean those easements more particularly described in Article 8 of this Declaration . 1.14 "Fencing Guidelines "shall mean those fencing guidelines described in Section 4 .01 .17 of this Declaration . 1.15 "Fiscal Year " shall mean the fiscal year adopted by the Association, which will initially be January 1•1 through December 31 '' until changed by the Board . 1 .16 "Improvement" shall mean any phys ical change to raw land or to an existing structure wh ich alters the physical appearance, characteristics or properties of the land or structure , includ i ng but not l imited to adding or removing square footage area space to or from a structure, paint ing or repainting a structure , or in any way altering the size , shape or physical appearance of any land or structure . 1.17 "Lake" shall mean the lake(s) established on the Property by SMD . 1 .18 "Lake Lot" shall mean a Lot having at least one property line that abuts a Lake . 1.19 "Lot" shall mean those Lots shown on a plat of all or a portion of the Property filed of record with the Clerk of Brazos County, Texas covering property made subject to this Declaration after the date hereof in accordance with Section 9 .08 . The term "Lot" does not include the Common Areas or any portion thereof. In the case of a parcel of land within the Property, which has not been platted into Lots , the parcel shall be deemed to contain the number of Lots designated by the SMD on the then current development plan for such parcel of land unless or until a different number of Lots is platted . 1.20 • "Member" shall mean each Owner who is in good standing with the Association . 1 .21 "Owner" shall mean the record owner, whether one (1) or more persons or entities , of the fee sim pie title to any Lot, or any part or interest therein, but shall not mean or refer to any mortgagee, under any applicable theory of mortgage, unless and until such mortgagee has acquired legal title pursuant to foreclosure or any proceeding in lieu of foreclosure. The term "Owner" shall further include any person or entity claiming title to any Lot or portion thereof by adverse possession, and any person or entity claiming interest in a Lot or part thereof under a contract of sale . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page3 / 1.22 "Plat" shall mean the plat of the Property to be recorded in the Official Records Brazos County, Texas, or any other plat recorded in the Official Records of Brazos County, Texas of all or any portion of the Property. 1.23 "Property" shall mean the real property described on Exhibit "A" and any other real property made subject to this Declaration after the date hereof in accordance with Section 9.08 . 1.24 "SMD"shall mea n and refer to Smiling Mallard Development, Ltd. and any successor(s) and assign(s) of Sm i ling Mallard Development, Ltd ., with respect to the voluntary disposition of all (or substantially all) of the assets and/or owners hip interests of Smiling Mallard Development, Ltd., and/or the voluntary disposition o f all (or substantially all ) of the right, title and interest of Smiling Mallard Development , Ltd. in and to the Prope rty. However, no person or entity merely purchasing one or more Lots from Smiling Mallard Development , Ltd . in the ordinary course of business shall be considered a successor or assign of SMD for purposes of t his Declaration . 1 .25 "Special Assessment" shall mean and refer to any assessment levied by the Board pursuant to Section 7 .04 . 1 .26 "Stream Map and Identification Table " shall mean and refer to the Stream Map and Identification Table described in Section 4 .04 .02 to be promulgated and modified by the ACC from time to time to identify the Waterways existing on the Property. 1.27 "Structure " sha II mean and refer to : (a) any thing or device , other than trees , shrubbery and landscaping (the placement of which upon any Lot sha ll not adversely affect the appearance of such Lot) includ in g but not l imited to any build i ng , garage , outbu ilding , porch , shed, greenhouse or bathhouse , cabana , coop or cage , covered or uncovered patio , swimming pool , play apparatus, c lothesline , fence , curb ing , pav ing , wall or hedge more than two feet in height, signboard or ot her t emporary or permanent liv in g quarters or any temporary or permane nt Improvement to any Lot ; (b ) any excavat io n, fi ll , ditch , d iversion dam or other th ing or device which affects or alters the flow of any wa t ers in any Waterway, wash or drainage channel from, upon or across any Lot; (c) any enclosure o r receptacle for the concealment, collection and/or dispos it ion of refuse ; and (d) any change i n the grade of any Lot of more than six (6) inches from that ex i sti ng at the time of initial construc ti on approval by the ACC . 1.28 "Subdivision" shall mean the Indian Lakes Subdivision (sometimes a lso referred to the "Villages of Ind ian Lakes "), to be developed on the Property pursuant to the plat(s) recorded i n the Official Records of Brazos County, Texas , or such other subdivision(s) made subject to this Declaration after the date hereof in accordance with Section 9.08 , as well as any and all rev is ions , modifications , corrections or clarifications thereto . 1 .29 "Supplemental Declaration " shall mean a separate declaration of covenants , cond itions and restrictions which is imposed on a portion of the property within the jurisdiction of the Assoc iation and which is admin istered by and may be enforced by the Associat ion . 1.30 "Telecommunication Guidelines "shall mean those telecommunication guidelines described in Section 3 .10 of this Declaration . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 4 / 1.31 "Trails nshall mean and refer to the pedestrian, equestrian and hybrid mixed use trails on the Property maintained by the Association and more particularly described in Section 4 .04 .03 . 1 .32 "Waterway" shall mean refer to any lake, river , stream, canal orotherbodyofwater, including, w ithout limitation, water channels of any classification whether perennial, intermittent, ephemeral or man made and water shed/drainage courses within or adjacent to the Property, whether or not such body of water continuously contains water, and all Waterways designated on the Stream Map and Identification Table . The ACC shall, in its sole and absolute discretion, make all determinations as to whether a body of water or water course constitutes a Waterway. 1 .33 "Wiring Guidelinesnshall mean those wiring guidelines described in Section 4 .01 .15 of this Declaration. ARTICLE 2 ARCHITECTURAL CONTROL COMMITTEE 2.01 Membership of Architectural Control Committee. The Architectural Control Committee shall consist of at least one (1) and not more than four (4) 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 ACC : Paul J. Clarke, Pamila Johnson and Cindy Miller. The ACC shall mainta in records of the member appointments and its actions as a committee . In the event a member resigns or no longer serves for any reason, the remaining Voting Members shall select a replacement. 2 .02 Action of Arch itectural Control Committee . Items presented to the ACC shall be decided by a majority vote of the Voting Members . 2 .03 AdvisoryMem bers . The Voting Members may from time to time designate Advisory Members . 2 .04 Term . Each Voting Member of the ACC sha ll 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 . 2 .05 SM D's Rights of Appo intment. During the Deve lopment Period, SMD shall have the right to appoint and/or remove all Voting Members of the ACC . which persons need not be drawn from Association Members . Notwithstanding the preceding sentence , SMD may delegate its r ight of appointment, or any portion thereof, to the Board of Directors of the Association (the "Board") by written instrument before such date . After the Development Period, the Board shall have the right to appoint all Voting Members . At such time as the Board gains the right to appoi nt and remove Vot ing Members of the ACC . or any portion or th is right , a majority of the Voting Members so appo inted shall be drawn from Members of the Association . Advisory Members shall , when reasonably possible, be drawn from Members of the Association. 2 .06 ACC Jurisdiction. No Structure, fence or lmprovemen! of any kind or nature shall be erected, placed or altered on any Lot and no damming of Waterways or construction within seventy-five feet (75 ') (or such greater dista Ace as determined by the ACC from time to time for particular Waterways) of a stream , channel or Waterway shall occur until all plans and specifications for such construction have been submitted to and approved in writing by the ACC pursuant to Section 2 .09 by a majority of its Voting Members , as to : 2 .06 .01 quality of workmanship and materials , adequacy of site dimensions, adequacy of structural design and proper facing of main elevation with respect to nearby streets in accordance with this Declaration and/or bulletins ; 2.06 .02 minimum finished floor elevation and proposed footprint of the Structure, if appl icable ; Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page5 / 2 .06 .03 conform ityand harmony of the external design, color , type and appearance of exterior surfaces and landscaping, if applicable; 2 .06.04 drainage impacts and solutions ; 2.06.05 the observance of and compliance with applicable setback lines and Easements and the enhancement of aesthetic vi ews and visual corridors to and from the Common Areas and Trails; and 2 .06.06 the other standards set forth within this Declaration (and any amendments hereto), guidelines and bulletins issued by the ACC , o r matters in which the ACC has been vested with the authority to render a final in terpretation and decision. The ACC is authorized and empowered to cons ider and review any and all aspects of construction , location and landscaping, which may, in the reasonable opinion of the ACC . adversely affect the living enjoyment of one or more Owner(s) or the general value of the Property . The ACC may consider technological advances and changes in design and materials and such comparable or alternative techniques , methods or materials that may or may not be permitted , in accordance with sole discretion of the ACC . The following is a general outline of the steps likely to be involved in the review of plans and specifications : (a) Submit preliminary plans and specificat ions to the ACC i n accordance w ith Section 2 .09 .01 ; (b) Submit final plans and specificat ions to the ACC in accordance with Section 2 .09 .02 ; and (c) Submit copy of building perm i t to the ACC . The ACC may requ ire as a condit ion precedent t o any approval of the final plans and specifications , that the applicant obtain and produce an appropriate bu ilding permit from the City of College Station , Texas and any other perm its required by a governmental unit hav i ng jurisdiction over the proposed project. The ACC is also authorized to coordinate w ith t he City of College Station in connection with the applicant's observance and compliance of the construct ion standards set forth in this Declaration . However, the mere fact that the City of College Sta tion issues a bu ilding perm it w ith respect to a proposed structure does not automatically mean that the ACC is obliged to unconditionally approve t he plans and specifications . Sim ilarly, the ACC 's approval of any plans and specificat ions does not mean that all applicable building requirements of the City of College Station have been satisfied . Each and every Owner and applicant shall use the ir respective best efforts to commence construct ion of all improvements approved by t he ACC and the C ity of College Stati on , Texas (and any and all other applicable governmental agencies) within sixty (60) days after obtaining all necessary governmental approvals therefor and thereafter diligently pursue the project through to completion . 2.07 •Adoption of Architectural Guidelines and Rules by the ACC . 2 .07.01 The ACC may from time to time publish and promulgate architectural standards bulletins or guidelines and/or lot i nformation sheets that shall carry forward the spirit and intention of this Declaration . Such bulletins and lot information sheets shall supplement this Declaration and are incorporated here in by reference . EACH OWNER SHALL SEEKANDOBTAIN AND BECOME THOROUGHLY FAMILIAR WITH ANY AND ALL ARCHITECTURAL STANDARDS BULLETINS OR GUIDELINES AND LOT INFORMATION SHEETS PRIOR TO ACQUISITION OF LAND CONSTRUCTION ON,ANY LOT WITHIN THE SUBDIVISION . The ACC shall have the right , power and authority to establish and prescribe architectural standards bulletins and guidelines pertaining to such items and topics as (but not necessarily limited to): Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 6 I (a) A site plan showing the "footprint" of the Structures and Improvements, location of all existing trees and proposed improvements, including but not limited to , Structures, patios , driveways, parking areas, outbuildings, fences and walls . (b) Exterior elevations of all proposed Structures and Improvements . (c) A description and samples of exterior materials, colors, textures and shapes of all Structures and Improvements . (d) Landscape plans , which shall include walkways , fences, walls, details, elevation changes, irrigation and watering systems, vegetation and ground cover, and the protection and preservation of trees and other existing and introduced vegetation. (e) Utility connections, including routing of electrical, gas, water, sanitary sewer, telephone and cables. (f) Exterior illumination and location . (g) Dimensional floor plan of all enclosed spaces and any garages or parking facilities . (h) Mailbox location and design . (i) Dra i nage impacts and solut ions. U) Such other matters as may be required by the then applicable zoning and building codes of the City of College Station . (k) The items described in Section 2 .06 above and any other date or i nformation requested or deemed reasonably necessary by the ACC . **PRIOR TO ACQUIRING ANY INTEREST IN A LOT, EACH PROSPECTIVE PURCHASER, TRANSFEREE, MORTGAGEE AND OWNER OF ANY LOT IN THE SUBDIVISION IS STRONGLY ENCOURAGED TO CONTACT SMD, THE ASSOCIATION OR THE ACC TO OBTAIN AND REVIEW THE MOST RECENT ARCHITECTURAL GUIDELINES WHICH WILL CONTROL THE DEVELOPMENT, CONSTRUCTION AND USE OF THE LOT.** 2.07 .02 The ACC may adopt such procedural and substantive rules , not in conflict with this Declaration, as it deems necessary or proper for the performance of its duties , including but not limited to rules governing the submission and approval process for the construction of Structures and Im prov em ents on a Lot, build i ng codes, fire codes, housing codes, and other similar codes . 2 .08 •Review of Proposed Construction.Whenever in this Declaration the approval of the ACC is required , the ACC shall have the right to consider all of the construction plans and specifications, renderings, elevation sketches, surveys and any other information requested by or supplied to the ACC for the Structure, Improvement or proposal in question (collectively "Plans and Specifications") and all other facts that, in its sole discretion, are relevant. Except as otherwise specifically provided herein, prior to the commencement of construction of any Structure or Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the ACC in accordance with Section 2.09 and any rules adopted by the ACC. Construction may not commence unless apd until the ACC has approved in writing such Plans and Specifications in accordance with Section 2.09 . The ACC shall have the express authority to perform fact- finding functions hereunder and shall have the power to construe and interpret any covenant herein that may Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 7 be vague, indefinite, uncertain or capable of more than one construction . The ACC may, in its review of Plans and Specifications and such other information as it deems proper, consider whether any proposed Structure or Improvement upon a Lot would unreasonably obstruct the view from other portions of the Property . The ACC may, but shall not be required to, disapprove any Structure or Improvement upon any Lot that would unreasonably obstruct the view from any other portion of the Property. No Structure or Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping , color schemes, exterior finishes and materials and similar features as to be incompatible with residential development within the Property and the surrounding area. The ACC shall have the authority to disapprove any proposed Structure or Improvement based upon the restrictions set forth in the preceding sentence. The ACC shall not be responsible for reviewing any proposed Structure or Improvement, nor shall its approval of any Pia ns and Specifications be deemed an en do rs em ent, from the standpoint of structural safety, engineering soundness , or conformance with building or other codes not of its authorsh ip . 2 .09 Preliminary and Final Plan Submission and Approval Process. All submissions of Plans and Specifications to the ACC should meet the requirements of this Section 2 .09 and be made in accordance with the rules promulgated by the ACC forthe submission and approva I process . All submissions shall boldly state by cover letter and on the plans whether they are a submission of preliminary or final plans . A Lot Owner is not required to make a preli m i nary plan submission , but is encouraged to do so to avoid increased architectural and engineering fees. All submissions must be delivered to the ACC by certified mail, return receipt requested , hand delivery or such other manner authorized by rule of the ACC . 2 .09 .01 Prelimina ry Plan Submission and Approval. The ACC is authorized to consider and comment on preliminary plans on an informal basis to assist Owners , developers , homebuilders and prospective purchasers of the Lots in complying with this Declaration and any Architectural Guidelines and to assist in the completion of any feasibility studies undertaken by such persons or entities . The ACC shall have the right , however, to prescribe reasonable limitations concerning the time, effort and expense likely to be involved in handling such matters on an informal basis . The ACC may require an Owner to attend a regularly scheduled or special meeting of the ACC to rev iew and discuss the preliminary plan submission. (a) Preliminary plans shall consist of the following and any other information required by the ACC from time to time, which may be submitted separately or simultaneously: (i) Plan/sketch/rendering of proposed development, including without limitation , the approximate location of all Dwellings , Fences and other Structures ; and (ii) E l evation sketch of all Dwellings and other Structures and all lake front elevations . The sketch should include specific information regarding the constructions materials to be used on the exterior of the Structures . (b) The ACC will review the preliminary plan submission(s) and provide a written notice to the Owner to proceed with the final plan apl?roval process or a written notice of the ACC recommendations that must be met before preliminary plan approval will be granted. (c) If the ACC fails to approve or disapprove a preliminary plan submission within fourteen (14) days after the actual date on which the submission is received, approval of the matters submitted shall be presumed. Review of the preliminary plans is provided as a courtesy to the Owners and is not binding on the ACC or the Owner. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 8 / 2 .09.02 Final Plan Submission and Approval. (a) Final detailed construction plans and specifications, elevations, a survey and any other information required by the ACC from time to time ("Final Plan Submission") shall be submitted in duplicate to the ACC for approval or disapproval. The ACC may request the submission of samples of proposed construction materials and other information necessary to evaluate the Final Plan Submission . The ACC may require an Owner to attend a regularly scheduled or special meeting of the ACC to review and discuss the Final Plan Submission. (b) At such time as the Final Plan Submission meets the approval of the ACC, one complete set of the Final Plan Submission will be retained by the ACC and the other complete set will be marked "Approved" and returned to the Lot Owner or his designated representative. Any modification or change to any part of the approved Final Plan Submission must again be submitted to the ACC for its inspection and approval. (c) !f found not to be in compliance with this Declaration , one set of the Final Plan Submission shall be returned marked "Disapproved," accompanied by a reasonable statement and explanation of items found not to comply with this Declaration . (d) If the ACC fails to approve or disapprove the Final Plan Submission within thirty (30) days after the actual date on which the complete submission and all information requested by the ACC is received , then the ACC approval shall be presumed . (e) The decision of the ACC shall be final and binding so long as it is made in good faith . A Lot Owner may request the ACC to reconsider a decision; however, a Lot Owner may only request reconsideration of ACC decisions more than two (2) times in any twe lve (12) month period . 2 .9 .3 Del ivery Address. Submissions to the ACC shall be made in care of Paul J. Clarke , Smiling Mallard Development , Ltd ., 3608 E . 29th Street, Suite 100 , Bryan , Texas 77802 , or in care of such other person at such other address as may be designated by the ACC from time to time . 2 .10 Actions of the ACC . The ACC may, by resolution unanimously adopted in writing, designate one or two of its Voting Members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the ACC . In the absence of such designation , the vote of a majority of all of the Voting Members of the ACC taken without a meeting, shall constitute an act of the ACC . 2 .11 No Waiver of Future Approvals . The approval or consent of the ACC 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 ACC. shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any other plar;is and specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 2 .12 Work in Progress. The AC C may, at its option, inspect all work in progress to insure compliance with approved Plans and Specifications. 2 .13 Nonliability of ACC Members . Neitherth_e ACC nor any member thereof shall be liable to the Association or to any Owner 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 AC C 's duties under this Declaration unless due to the willful Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 9 I misconduct or bad faith of the ACC or its members, as the case may be. Neither the ACC 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 an obstruction of the view from such Owner's Lot or Lots. 2 .14 Certificate of Compliance . Upon completion of any Improvement approved by the ACC and upon written request by the Owner of the Lot, the ACC shall issue a Certificate of Compliance in a form suitable for recordation . The Certificate shall identify the Lot, the Plans and Specifications pursuant to which the improvements were made, the use or uses to be conducted with respect to the improvements, and shall further specify that the improvements comply with the approved Plans and Specifications and that said Plans and Specifications are on file with the ACC . The certificate shall not be construed to certify the acceptability or sufficiency of, or endorsement by, the ACC of the actual construction of the improvements or of the structural integrity, workmanship or materials thereof. The Owner is hereby notified that the certificate in no way warrants, except as set forth above, the sufficiency or acceptability of or endorsement by, the ACC of the construction , struct ural integrity, workmanship or materials of the improvements . Preparation and recordation of such a certificate shall be at the expense of the Owner of the improved Lot. 2.15 Variances . Notwithstanding any other provision of this Declaration, in order to prevent undue hardship upon the Owner or Owners of any individual Lot or Lots upon the Property, variance from any restrictions set out in this Declaration may be granted by a unanimous decision of the ACC , so long as all other elements, materials and locations of the proposed improvements are otherwise in compliance with the terms of this Declaration and Architectural Guidelines promulgated by the ACC. 2 .16 Governmental Agency Approval. Nothing in this Declaration shall be construed 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 Improvement on any Lot. 2 .17 Relationship with Association . The ACC has been created pursuant to this Declaration to perform certain functions specified herein relating to the review and approval of Plans and Specifications for Improvements built on the Property. The ACC does not exercise the authority of the Board , and shall not do so unless and until: (a) the Board shall have duly appointed a majority of Board members to the ACC, and (b) the Board shall by unanimous resolution , duly recorded in the records of the Association , make the ACC a committee of the Board in accordance with the Texas Non-Profit Corporation Act. 2 .18 Violation of Article 2 . If any Structure or Improvement shall be erected, placed or maintained on any Lot other than in accordance with Plans and Specifications approved by the ACC pursuant to Section 2 .09 , such Improvement shall constitute a violation of this Declaration . Upon written notice (the "Notice") from the ACC, any such Improvement shall promptly be removed or corrected so as to extinguish the violation . T.he ACC may approve a violation existing under the provisions of this Article 2 by issuing a written approval of,the Improvement in question . 2.19 Remedy. If an Owner of a Lot upon which a violation exists does not: (a) commence such curative action within fifteen (15) days from the date of the Notice to the applicable Owner and thereafter continue to diligently pursue such curative action until completed ; and Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 10 I (b) notify the ACC of the commencement of the curative action being taken within fifteen (15) days of such Notice to the Owner specifying the violation of this Declaration; then (i) the Association or the ACC may enter upon such Lot and take such steps as were specified in the Notice to exti nguish the v iolation of this Declaration, or (ii) Association, the ACC or any other Owner may pursue any remedies available hereunder or at law or in equity. ( c) The co st of any curative action taken by the Ass ocia ti on or the AC C shall be : (i) a binding , personal obligation of the Owner of the Lot upon which the violation exists ; (i i) payable on demand ; and (iii ) secured by the lien granted in Article 7 below, on the terms and conditions set forth therein . The genera li ty of this Article 2 shall not be in any manner altered , affected or diminished by the specifi c restrictions as to the type and location of certa i n Improvements, otherwise here i n provided for. ARTICLE 3 INDIAN LAKES HOMEOWNERS ASSOCIATION(S) '.3 .01 Organization . SM D has caused or will cause the formation and incorporation of one or more Assoc iations , each as a nonprofit corporation created for the purposes, charged with the duties , and vested w ith t he powers prescribed by law or set forth in its Articles and Bylaws and in this Declaration . Ne ither the Articles nor Bylaws shall for any reason be amended or othe rwise changed or interpreted so as to be inconsistent with this Declaration . It is contemplated that there will be one or more additional phases to the Subd ivi s ion . When that occurs , SMD may adopt thi s Declaration o f Covenants , Conditions , Reservations and Rest ri ctions by reference but may make modifications or additions to it. In such event, the lot owners in said new phase may be made members of the same Association created for the Subdivision and therefore subject to all provisions and benefits set forth here in; provided , however, any modifications or additions by the new phase will take precedence as to that phase . 3.02 Membership . Each and every Owner of each and every Lot which is subjected to this Declaration shall automatically be , and must at all times rema i n , a Member of the Assoc i ation in good stand ing . During the Development Period, the Association shall have two (2 ) classes of Members : Class A and C lass B. The Class A Members shall be all Owners (other than SMD duri ng the Development Period). The Class B Member shall be SMD . Any Owner or Member shall not be in "good standing " if such person or entity is : (a) in ,violation of any port ion of this Declaration , or any rule or regulation promulgated by the Board; (b) delinquent in the full , complete and timely payment of any annual assessment, special assessment, or any other fee, charge or fine which is lev ied , payable or collectible pursuant to the provisions of this Declaration , the Bylaws of the Association or any rule or regulation promulgated by the Board. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 11 / If SMD develops further acreage under a common scheme or plan of development with the Subdivision , SMD may require such property owners to be Members of the Association and they shall have equal voting rights therein on the same basis as owners of a Lot w ithin the Property. 3.03 Voti ng Rights . 3 .03 .01 During t h e Development Period , the two (2) classes of Members will have the following voting rights : Class A : The Owner (s) of each Lot (other than SMD) shall be entitled to no votes . Class B: The Class B Member shall have one (1) vote for each Lot it owns and one (1) vote per acre for unplatted land subject to this Declaration . 3 .03 .02 Afterthe Development Period, there shall be one class of voting Members as follows : The Owner of each Lot shall be entit led to one ( 1) vote per Lot. In the event SMD owns unplatted land subject to this Declaration , SMD shall hav e one (1) vote per acre for unplatted land subject to this Declaration . Where more than one (1) Owner owns and holds a record fee interest in a Lot such Owner (s) may divide and cast portions of the one (1) vote as they decide , but in no event shall any one (1) Lot yield more than one (1) vote. 3.03.03 A maj ority of the M em be rs entitled to vote, represented in person o r by proxy, shall constitute a quorum at all meetings of the Members forthe transaction of business. When a quorum is present at a meeting , the vote of the holders of a majority of votes present or present by proxy at such meeting and entitled to vote shall be the act of the Members , unless t he vote of a d ifferent number is required by the Articles of Incorporation or By laws of the Association or this Declaration . 3.03 .04 The Association may suspend the vot ing righ t s of any Member for any period during which an assessment or installment of an assessment remains delinquent as provided in Article 7 .03 hereof or if a Member is in violation of an y provision of this Declaration . 3 .04 Powers and Authority of the Associat ion . The Association shall have the powers of a Texas nonprofit corporation , subjectonlyto any limitat ions 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 anyway limiting the generality of the two preceding sentences , the Association , and the Board of Directors acting o n behalf of the Assoc iation, shall have the following powers and authority at all times : 3 .04 .01 Rules and Bylaws . To make, establish and promulgate , and in its discretion to amend or repeal and re-enact , such Rules and Bylaws, not in conflict with this Declaration, as it deems proper to address any and all aspects o f its f unctions . 3 .04.02 Insurance. To obtain and maintain in effect policies of insurance which , in the opinion of the Board , are reasonably necessary or appropriate to carry out Association functions . 3 .04 .03 Records . To keep books and records of the Association's affairs . 3.04 .04 Assessments . To levy Assessments as provided herein. -3.04 .05 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 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 12 I improvement thereon for the purpose of enforcing this Declaration or Easements or for the purpose of erecting, maintaining or repairing any improvement to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon , shall be a lien upon the Lot entered upon and improvements thereon, and shall be enforced in the same manner and to the same extent as provided herein for regular and special Assessments. The Association 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 any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise , or to restrain and enjoin, any breach or threatened breach of the Restrictions . The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against SMD, its successors or assigns. 3 .04 .06 Legal and Accounting Services . To retain and pay for legal and accounting services necessary or proper for the operation of the Association. 3 .04 .07 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 . 3 .04 .08 Employees . To engage such employees as may be reasonably necessary in the management of the Association and the performance of its duties . 3 .04 .09 Conservation Management. To engage a company to assist in the conservation management of the Property. The HOA shall be in it ially managed by an enti ty special izing in residential conservation community association management. The initial entity to be retained to perform this task is Texas Conservation Community Association Management Company hereinafter "TXCAMCO ", a community association management company specializing in conservation community management. 3.05 Board of Directors. During the Development Period, the affairs of the Association shall be managed by a board of three (3) individuals elected or replaced by the Class B Member. However, after the Deve lopment Period, the Board shall consist of at least three (3) individual Directors elected by th e Members . During the Development Period , the Directors need not be Members of the Assoc i ation . Afterthe end of the Development Period, Directors must be Members of the Association . Directors shall be elected for one ('1) year terms of office and shall serve until their respective successors are elected and qualified . After the Development Period, any vacancy which occurs in the board, by reason of death , res ignation , removal, or otherwise, may be filled at any meeting of the board by the affirmative vote of a majority of the remaining Di rec tors . Any Director elected to fill a vacancy shall serve as such until the expiration of the term of the Director whose position he or she was elected to fill. 3.06 Maintenance . The Association shall be authorized to landscape, maintain and repair Easements, rigRts-of-way, sidewalks, paths, Trails , drainage fac ilities, detention ponds, lakes, and other areas of the Property , as.appropriate . 3.07 Common Areas. Subject to and in accordance with this Declaration, the Association, acting through the Board , shall have the following duties : 3.07 .01 To accept, own, operate and maintain all Common Areas which may be conveyed, shown on the Plat, or leased to it by SMD, together with ~my 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 Declaration of Covenants, Conditions, ReseNations and Restrictions of Villages of Indian Lakes Page 13 I to the Association by SMD; and to maintain in good repair and condition all lands , improvements, and other Association property owned by or leased to the Association , whether by SMD or by other Persons . 3 .07 .02 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 are not levied directly upon individual Members of the Association . The Association shall have all rights granted by law to contes t the legality and the amount of such taxes and assessments. 3 .07 .03 To execute mortgages, both construction and permanent, for construction of improvements on property owned by or leased to the Association and to accept land i n Common Areas, whether or not improved, from SM D subject to such mortgages or by assuming such mortgages . Financing may be effect ed through conventional mortgages or deeds of trust, the issuance and sale of, development or other bonds , or i n any other form or manner deemed appropriate by the borrower, whether SMD or the Association . The mortgage or other security interest given to secure repayment of any debt may consist of a first , second or other junior lien, as deemed appropriate by borrower, whether SMD or the Association, on the improvement to be constructed , together with such underlying and surrounding lands as the borrower deems appropriate . The debt secu red by such mortgage or other security instrument may be reti red from and secured by the revenues generated by dues, use fees , assessment of Members, or otherwise , or any combination thereof, as may be deemed appropriate by SMD or the Association, as the case may be , but subject to the limitations imposed by this Dec laration . 3 .08 Association Powers . In addition to , and not in limitation of, the power and authority of the Assoc iation a s set forth in Section 3 .04 of this Declara tion , the Association, acting through the Board , shall have the powe r and authority : 3.08 .01 To grant and convey portions of Association property, including fee title , leasehold es t ates , easements, rights-of -way, and/or mo rtgages , to any person or ent ity for the purpose of constructing , erecting , ope rati ng or maintain i ng the follow ing . (a) Parks , parkways er other recreational facilities or structures ; (b) Roads , str eets , walks, driveways , trails and paths ; (c) Lines , cables, wires , conduit s, p i pelines or other means of provid i ng utilities ; (d ) Sewers , water systems, storm water drainage systems, sprinkler systems and pipelines; and/or (e) Any sim i l a r 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 improvement 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 law of any governmental en t ity, including but not limited to rules and orders of the Texas Water Development Board, Texas Commission on Environmental Quality (TCEQ), and any flood plain, industrial waste or other ordinance of the City of College Station, if appl icable. 3.08 .02 To pay fo r water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for the property of th!l Association. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 14 I 3 .08 .03 To pay for any other services necessary or proper in the performance of Association functions, and to pay for any other taxes or assessments that the Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Declaration, or the Articles or Bylaws of the Assoc i ation. 3 .08.04 To own and operate any and all types of facilities for both active and passive recreation . 3 .08 .05 To construct new improvements or additions to Common Areas, subject to the approval of the ACC as required in this Declaration. 3 .08 .06 To enter into contracts with SMD and other persons and entities, 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 SMD or the Association in connection with the purposes of the Associ ation. 3.08 .07 To acquire and own and to dispose of all manner of real and personal property, whether by purchase, grant, lease, gift or otherwise. 3.09 Agreements with City of College Station/Brazos County. The Association may enter into one or more agreements with Brazos County or the City of College Station with respect to the dedication of any drainage basin , park or other Common Area within the Property for munic ipal maintenance , if applicable . 3 .1 O Telecommun i cation Services. (a) The Association, with the prior approval of the Board , may provide, e ither directly or by contracting w ith other parties, various telecommunication serv ices to the Lots and Common Areas within the Subdivision . The Board shall have the sole d iscretion to determine whether or not such telecommunication services are provided, the types of serv ices to be provided (incl uding , without limitation , wireless broadband service), the manner in wh ich such services w ill be provided , the amounts to be charged , and the method of paying for such services . The Association may include in the Assessment for each Lot the annual subscription fees for any telecommunication service arranged by the Association under this Section 3 .10. (b) The telecommunication equipment, wiring and other facilities that are necessary to provide the telecommunication services for the Common Areas shall either be owned by the Association or the Associ ation shall contract with other parties to provide such fac ilit ies on behalf of the Association . The cost and expense of constructing , installing , operating , maintaining , repairing and replacing such facilities shall be paid by the Association, and may be included as part of the annual assessments and special assessments to the Members . (c) •The Association , in its sole and absolute discretion, may require each Dwelling Unit constructed on a Lot to include, at the Owner's expense, a Residential Service Unit ("RSU ") to provide access to the residence for the telecommunication services described above. The ACC has issued or will issue Telecommunication Guidelines for the Dwelling Units in the Subdivision and may amend such Telecommunication Guidelines from time to time . All Dwelling Units are required meet the minimum requirements set forth in the Telecommunication Guidelines. (d) The Association and the parties with whom it contracts to provide services relating to the RSU shall have an easement and right of entry over and across each Lot and into each Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 15 J residence for the purpose of installing, maintaining , repairing and replacing and making improvements to t he RSU. 3.11 Indemnification . The Association shall indemnify any director, officer, or member of a committee duly appointed pursuant to the Articles or Bylaws who was, is, 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 am ended 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 . ARTICLE 4 RESTRICTIONS Each Lot conveyed by Declarant to an Owner shall be owned , held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions: 4 .01 BUILDING, CONSTRUCTION, AND USE RESTRICTIONS 4.01 .01 Design and Construction Approval. The design and construction of all Dwelling Units, Structures, Improvements and fences on the Property must have the prior written approval of the ACC . The process and requirements for ACC approval are set forth in Article 2. 4.01 .02 Square Footage. Height Requirements . Except as otherwise approved by the ACC , no Dwelling Unit shall be cons tructed on any Lot that has a heated living area of less than 2 ,500 square feet, exclusive of porches (open or covered), decks , garages and carports . Except as otherwise approved by the ACC , no Structure constructed on any Lot shall exceed a height above ground level of thirty-three (33) feet. A Supplemental Declaration applicable to a portion of the Property may specify greater or lesser minimum square footage or height requ iremen ts for the Lots subject thereto . 4 .01 .03 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 may be constructed entirely of concrete or unexposed meta I pi pe 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 ACC . The ACC may promulgate and amend from time to time "Culvert Design Guidelines". For all Lots, the lesser of the first one hundred feet (100') of the driveway, as measured from the Access Road , or the total length of the driveway shall be constructed of masonry grade concrete or asph-alt; all other portions of the driveways, if unpaved , shall b~ surfaced in crushed stone or gravel, or similar material. 4 .01.04 Building Materials . Except as otherwise approved by the ACC. all Dwelling Units, Structures and Improvements on a Lot shall be of recognized standard construction quality, and all finished exterior coverings of each Dwelling Unit, Structure and Improvement (exclusive of doors, w indows, and similar openings) shall be constructed of at least eighty percent (80%) masonry, non-sheet materials or other materials specifically approved in writing by the ACC . Masonry includes brick, rock and all other materials commonly referred to in the College Station, Texas area as masonry. Non-sheet materials includes wood shingles, solid hard wood siding , synthetic siding , hardy board sheet materials, wood structures built of red Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 16 I wood , whole logs and other quality rot resistant natural wood materials are encouraged and may qualify, at the discretion of the ACC. for a variance from the 80% requirement set forth above . 4 .01 .05 Structures on Lot. Only one single-family Dwelling Unit and appurtenances thereto such as garages, outbuildings, barns and the like, may be placed or constructed on each Lot. 4.01.06 Building Setbacks. Unless otherwise approved by the ACC, the following building set back lines shall govern each Lot: (a) On Lots consisting of less than four (4) acres, no Improvement or Structure except fences may be located on any Lot: (i) nearer than fifty (50) feet to the front property line of a Lot or a property line abutting an Access Road; (ii) nearer than fifteen (15) feet to either side property line not abutting an Access Road; or (iii) nearer than twenty-five (25) feet to the rear property line not abutting an Access Road . (b) On Lots consisting of more than four (4) acres, no Improvement or Structure except fences may be located on any Lot: (i) nearer than seventy-five (75) feet from the front and rear property lines of a Lot ; or (ii) nearer than fifty (50) feet to either side property line of a Lot. (c) On Lake Lots, no Improvement or Structure may be l ocated on a Lake Lot nearer than one hundred (100) feet nearer than the property line abutting the Lake . However, in no event will the set back lines described here in be less than those set by governmental requirements . On all Lots , no fence fTlay be constructed nearer than ten feet (10') from a public utility easement adjacent to an Access Road. 4 .01 .07 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 . 4 .01.08 Antennas and Communication Devices. 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, allowed1 or maintained upon a Lot, which is visible from any Access Road, Trail, Common Area or Dwelling Unit on another Lot. The ACC may require as much screening as possible while not substantially interfering with reception. SMD 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 transmitting antenna's mast may exceed the height of the center ridge of the roofline of a building . No MMDS antenna mast may exceed the height of the center ridge of the roofline of a building. SMD 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 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 17 I be interpreted to be as restricti ve as possible while not violating the Act. The ACC may alter the provisions of this section with provisions set forth in the Telecommunications Guidelines . In the event of a conflict between this section and the Telecommunications Guidelines, the Telecommunications Guidelines shall prevail. 4 .01 .09 Storage of Building Materials . No building materi al of any kind or character shall be placed or sto red upon any Lot more than thirty (30) days before construction of a Structure or Im prov em ents are commenced, and then such material shall be placed within the building set back lines as established above . At the completion of such Structure or Improvements, such excess or scrap material must be immediately removed from the Lot. 4 .0 1.10 Constructi on Debris . No stum µs , trees, underbrush or any refuse of any kind or scrap material from Improvements being erected on any Lot shall be placed on any other Lot , the Access Roads, the Common Areas , Trails or Easements . 4 .01 .11 Change of Elevations. Exposed openings resu lt ing from any excavation made of any Lot shall be backfilled and the disturbed ground shall be leveled . No change of elevation on any Lake Lot greater than s ix (6) inches shall be made without the approval of the ACC . 4 .01 .12 Mailboxes . Mailbox stanchions must predom i nantly utilize materials also used predominantly in the construction of the exterior of Improvements on a Lot or used in the Subdivision entry feature . The des ign and construction of mailbox stanch ion must have the prior written approval of the ACC. If SMD or the Assoc iation suppl ie s a des ignated postal box within the Subdivision for a Lot , then an Owner may be requ ired to utilize the supplied box in lieu of a free standing ma il box on the Access Road in front of such Owner's Lot. 4 .01 .13 Utility Lines. No utility l ines , includ ing , but not li m ited to , wires or other devices for the commun icati on ortransmiss ion of telephone or electr ic current or power, cable television or any other type of line or wire shall be erected , p laced or mainta i ned anywhere in or upon any portion of a Lot unless the same shall be contained in conduit or cables installed and maintained underground or concealed i n , under or on Improvements as approved in writing by the ACC, except what has already been constructed by the City of College Station or Bryan or Brazos County, prior to date hereof; 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 ACC. The installation method , i ncluding but not limited to locatio n, type of installation equipment trench ing method and other aspects of installation for both temporary and permanen t utilities , shall be subject to review and approval by the ACC . 4 .01 .14 Tanks. Except as otherw ise approved by the ACC , all tanks for the storage of gas , propane or o il shall be installed be low ground level. The ACC shall have the right to approve the location of any other type of tank used on a Lot. All tanks shall be screened so as not to be visible from any other Lot, Access Road or Trail. 4 .01 .15 Wiring Requirements . The ACC has issued or will issue Wiring Guidelines for the Dwelling Un its in the Subdivision and may amend such Wiring Guidelines from time to time . All Dwelling Units are required to have a structured wiring system meeting the minimum requirements set forth in the Wiring Guidelines. 4 .01 .16 Completion of Construction . After commencement of construction of any Structure or Improvement, the work thereon shall be diligently prosecuted to the end that the Structure or Improvement shall not remain in a partly finished condition any longer'than reasonably necessary for completion thereof. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 18 -. / 4 .01 .17 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 ACC . The ACC has issued Fencing Guidelines and may amend such Fencing Guidelines from time to time . Such Fencing Guidelines will include, without limitation, requ i rements regarding fence types, locations and quality of materials . Prior to designing, ordering or acquiring any fencing materials or designs for a Lot, all Owners should obtain the current version of the Fencing Guidelines from the ACC . 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 or a Lake. Chain link fencing may be used in areas not within view of any Access Road or a Lake as long as the fencing is coated in green, brown, or black vinyl. No fencing shall be constructed which obstructs the Trails or Trail Easements . 4 .01 .18 Stormwater 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 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 mulch is required to min i mize erosion following construction . 4.02 GENERAL RESTRICTIONS 4 .02 .01 Residential Use . Unless otherwise approved by SMD or by the Association after the end of t he Development Period, each Lot in the Subdivision shall be used only for non-commercial , single family residential and recreational purposes . Only single-family residential dwellings and appurtenances ordina ry to residential living shall be permitted. To this end, without limitation , the following structures may not be bu ilt on any Lot (excluding any portion of the Property owned by SMD) in the Subdivision ; hospitals , clinics , rest homes, duplex houses, apartment houses, mobile homes, manufactured housing , hotels, or any retail wholesale , or other business or commercial establishments of any kind . 4 .02 .02 No Noxious Use . No noxious or offens ive trade or activ ity shall be carried on upon any Lot nor shall anything be done which may be or become an annoyance or nuisance to other Owners or the Subdivision . 4 .02 .03 No Commercial Activities . Unless approved in writing by the ACC, no commercial activity of any kind shall be conducted on any Lot (excluding any portion of the Property owned by SMD). "Commercial activity" shall include but not be limited to, the offering for sale of any product or service, or the manufacture or growth of any product, for purposes of sale, w ithout regard to whether such activities are conducted in or from a Dwelling Unit or otherwise . The ACC shall have the right and power to stop or restrict any such approved Commercial activity if the ACC determines in its soled iscretion that the business or activity is detrimental to the Subdivision . 4 .02.04 Animal Restrictions. No animals , livestock, or poultry of any kind shall be raised , bred , or kept on any Lot within the Subdivision 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 . In the event any animal creates a nuisance to the Subdivision in the sole and exclusive opinion of the ACC such animal will be removed from the Subdivision. The ACC shall have the right to enter and remove any such an imal 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 sort in connection therewith, or arising from such rem oval. Each Lot shall Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 19 ' J be allowed one horse (or mare and colt less than 12 months) per two (2) acres and/or one animal unit per 3 .5 acres. The limits on horses and other animal units are not to be applied coextensively, for example, a 10 acre parcel may have: (a) five (5) horses; (b) two (2) cows and one (1) horse; (c) two (2) cows; or (d) three (3) horses and one (1) cow, etc . Cats and dogs shall not constitute animal units; however, the total number of cats and dogs on any Lot shall not exceed five (5). The ACC may grant variances to the restrictions contained in this Section for Lots having less than two (2) acres . 4 .02 .05 Signs. No sign, except: (a) signs (not exceeding 5 square feet in size) advertising property for sale or rent; (b) not more than two (2) political signs; (c) school spirit signs; or (d) security signs, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any Lot without the consent in writing of the ACC. SM Dor the AC C shall have the right to enter and remove any such sign, advertisement, billboard or structure which is placed on any Lot without such consent, and in so doing, shall not be liable and is expressly relieved from any liability for trespass or other sort in connection therewith, or arising from such removal. 4 .02 .06 Disposal of Trash. No part of the Subdivision shall be used or maintained as dumping grounds for rubbish . Trash, garbage or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condi ti on . 4 .02.07 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 . • 4 .02.08 Drainage Maintenance. Owners shall be responsible for keeping Drainage Easements and Drainage Maintenance Easements free of obstructions and shall not perm it 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 . 4.02.09 No Pollution . No act may be performed which is likely to pollute the air or water in any part of the Subdivision, nor may any Owner vio l ate any federal, state or local ordinance or regulation designed to eliminate pollution at that time in force. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 20 / 4 .02 .10 Firearms . Except as otherwise provided herein , no firearms may be discharged in the Subdivision or on any Lot, Easement Area or Common Area . On Lots of ten (10) acres or larger, shotguns maybe discharged . 4 .02 .11 Oil and Gas Drilling. No oil or gas drilling , boring, development, refining, quarrying or mining operations of any kind shall be permitted on the surface of any Lot , nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted on the surface of any Lot. No derrick or other structures designed for use in boring or drilling for oil, natural gas, or other mineral shall be erected, maintained or permitted on any Lot. This paragraph does not prohibit the pooling of all or part of the Subdivision with other property for drilling of horizontal or slant hole wells, which do not interfere with the use of the surface of the Property. 4 .02.12 No Vehicles in Common Areas . No motorized, including without limitation vehicles powered by electric , gasoline , diesel, propane or hydrocarbon-fueled engines shall be used in the Common Areas , including without limitation , on any Trails , and excluding any paved areas specifically designed for the parking or driving of automobiles ; provided however, the Associat ion and/or SMD may use motorized vehicles on the Trails for the construction, maintenance and repair of the Trails. Bicycle use in the Common Areas is restricted on Trails as provided by Section 4 .04 .03 and may be restricted in other portions of the Common Areas to areas designated by the Association . 4 .02 .13 Lot Subdivision Restrictions. No Lot may be subdivided into smaller lots within twenty (20) years after the date of this Declaration , without the prior written consent of SMD . This provision does not apply to any portion of the Property owned by SMD . 4 .02.14 Storage of Vehicles. No trailer, recreational vehicle, tent, boat, or stripped down , wrecked , junked , or wholly inoperable vehicle shall be kept, parked , stored , or maintained on any portion of a Lo t v isible from an Access Road or another Lot for more than forty-eight (48) hours in a thirty (30) day per iod . 4.03 RESTRICTIONS FOR WATERWAYS AND LAKES **The Lake(s) in the Subdivision have been created under the approval of federal, state and local governmental entities. Any changes to these Restrictions regarding the Lake(s) or to the operation or conditions of the Lakes should not be made without first taking the necessary actions as required by any and all governmental authorities having jurisdiction over the Lake(s).** 4 .03 .01 Construction on Lake . Unless the prior written approval of SMD or, after the Deve lopment Period , the Association is obtained, wh ich approval may be withheld by SMD or the Association , as applicable, in their sole and absolute discretion: (a) no wharf, pier, bulkhead, or other structure or obstruction shall be built or maintained into or upon any Waterway or Lake . No stru·cture or obstruction shall be permitted if it offers any threat whatsoever to safe navigation upon such Waterway or Lake or to the safe and convenient use of such Waterway or Lake as a recreation facility . (b) no boat canal shall be constructed or installed upon any Lot nor shall any facility or device be constructed or installed upon any Lot which shall in any way alter the course or boundaries of any Waterway or Lake, or which shall involve or result in the removal of water from any Wa!erway or Lake. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 21 •. I (c) no boats , hoists, launching facilities or any similar type of structures or equipment shall be installed, constructed or maintained upon any Lot, nor shall any boat trailer be stored on any Lot in such manner as to violate the regulations of the Association . 4.03.02 Boats. No boat powered by gasoline, diesel, propane or hydrocarbon-fueled engine of any kind shall be operated upon any Waterway or Lake without the prior written approval of the Association . Boat operation on any Waterway shall conform to all rules and regulations promulgated by: (a) Association; and (b) applicable governmental authorities concerning the use of the boats . The Associa tion may further, by rule, regulate and limit the size, type and number of water craft used on a Lake or Waterway. 4 .03.03 Fishing Regulation . A limit of the type and quantity of fish taken from a Lake or Waterway may be established by rules of the Association from time to time . Owners and their family , guests and tenants shall comply with all applicable government regulations relating to fishing on the Lakes and Waterways . 4 .03 .04 No Removal of Water. No water may be pumped or otherwise removed from a Lake or Waterway for the private use of any Owner. 4.03.05 Erosion Control. The Owner of each Lake Lot shall be responsible for all temporary erosion control measures required during construction on his Lot to ensure that there is no erosion into the Lake and such Owner shall be responsible for any repair or maintenance required due to erosion caused by construction on his Lot. 4 .03.06 Shoreline Clearing Restrictions . The Owner of a Lake Lot may not clear, disturb or remove natural shoreline vegetation existing along the shore of such Lake Lot without the prior approval of the ACC . The ACC will allow the Owner to clear no more than forty percent (40%) of the natural shoreline vegetation existing as of the date hereof provided the Owner complies with the provisions of Article 2 in seeking the ACC's approval. For each ten percent (10%) of shoreline vegetation cleared by Owner, the ACC may require the Owner to plant, within one hundred feet (100 ') of the property line abutting the Lake, at least one disease resistant hybrid live oak tree with a minimum diameter of two inches (2") and a minimum height of six feet (6 '). 4 .03 .07 No Dumping . No sewer, drain or other waste water, other than natural watershed drainage, shall be permitted by any Owner to empty, directly or indirectly, into a Lake or Waterway. No Owner or occupant of a Lake Lot shall dump or place refuse or any other material into a Lake . , 4 .03 .08 No Release of Wildlife. No Owner or occupant of a Lake Lot shall release or introduce any wildljfe , waterfowl, reptiles or fish into a Lake. 4.04 RESTRICTIONS RELATING TO CONSERVATION DEVELOPMENT The Villages of Indian Lakes is intended to be a conservation development. This means Owners shall take proactive actions necessary to minimize destruction and disturbance of natural habitats including but not limited to: plant, animal, resident and migratory bird and aquatic species. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 22 / 4 .04.01 Trees. Any live tree located on or within ten feet (1 O') of the ACC approved d r iveway and slab location of any Improvement on a Lot may be removed. All other trees on a Lot are subject to the following restrictions : (a) Lot Size of Two Acres or Less : Any live tree with a trunk diameter/caliper measured from three feet (3') off the ground, equal to or greater than four inches (4") in diameter/caliper may not be removed without ACC approval. (b) Lot Size ofTwo Acres or More : Any live tree with a trunk diameter/caliper measured from three feet (3') off the ground , equal to or greater than six inches (6 ") in diameter/caliper may not be removed without ACC approval. 4.04 .02 Streams, Channels, Creeks, Borrow Ditches and Waterways . All Waterways, Drainage Easements and Drainage Maintenance Easements, are regulated by the Association through the ACC and may not be impacted by any activity of an Owner on his Lot without written approval of the ACC to be granted or denied in its sole and absolute discretion . No Owner shall impede, restrict, dam or alter any Waterway. Some but not all of the restricted areas are reflected on the Plat(s) as Drainage Easements and other restricted areas may be reflected and described on a Stream Map and Identification Table to be prepared and modified from time to time by the ACC in its sole and absolute discretion . Notwithstanding the forego ing, if a channel or Waterway exists with a visible high water mark that is not reflected to be subject to a drainage easement on the Plat or on the Stream Map and Identification Table, then, the channel/Waterway shall be subject to the Drainage Maintenance Easement described in Section 8.06 below and the Riparian Management Easement described in Section 8 .08 below . 4 .04 .03 Trails . There are exclusive pedestrian /nature, equestrian and hybrid use trails on the Property, which may be used for multiple purposes . The Trails are designated on the Plat as Private Trails and t he Assoc iat ion may des i gnate from time to time what portions of t he Trails may be used for pedestrian/nature , equestrian or hybrid use . No veh i cles powered by battery, gasoline , diesel, propane or hydrocarbon-fueled engines shall be used on the Trails ; provided however, SMD and the Association may use moto ri zed vehic les on such rid i ng trails for the construction , ma intenance , inspection and repair of the Tra i ls . No bi cycles shall be used on any Tra i l unless the Associat ion specifically des ignates that b icycles may be used on such Trail. (a ) Pedestrian/Nature Trails : No anima ls , other than domestic pets on l eash , may access pedestrian/nature tra ils . No veh icles powered by battery, gasoline , diesel , propane or hydrocarbon-fueled eng ines shall be used on pedestrian/na tu r e trails ; provided however, SMD and the Assoc i ation may use motorized vehicles on such trails for the construction , ma i ntenance and repa i r of such tra il s . (b) Equestrian Trails : Horses not pedestrians have the right-of-way on equestrian trails . No vehicles powered by battery, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used on equestrian tra i ls ; provided however, t he Assoc iat ion may use motorized vehicles on such trails for the construct ion, maintenance , i nspection . and repair of such trails . (c) Hybrid Mixed Use Trails: May be ut ilized as equestrian or pedestrian trails; pedestrians , not horses, shall have the right-of-way on hybrid mixed use trails . No vehicles powered by battery, gasoline , diesel, propane or hydrocarbon-fueled engines shall be used on hybrid mixed use trails; provided however, the Associat ion may use motorized vehicles on such trails for the construction , maintenance , inspection and repair of such trails . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 23 I 4.04 .04 Conservation Areas, Corridors & Parks. The Subdivision contains miles of conservation corridors and multiple private parks , which may include the Trails and portions of the Common Areas . The Association will maintain CAC&P plans and post seasonal rules and restrictions for permitted uses in the CAC&P . Each park , corridor or area has been set aside, enhanced and/or is managed for specific hab itat, aquatic or wildlife management for species indigenous to that area or region of the Property. No Owner, tenant, guest or invitee of an Owner may disturb or harm any plants , trees or animals in the CAC&P areas . ARTICLE 5 WATER SERVICE; NO PRIVATE WELLS The Subdivision is serviced by Wellborn Water Supply Corporation . Each Lot Owner desiring said water service shall be required to contract directly with Wellborn Water Supply Corporation . The cost of water, tap fees, membership fees, expansion reserve fees , installation fees, monthly use fees and meters shall be subject to the fee schedule of Wellborn Water Supply Corporation and paid by the Lot Owner. No well, pump, shaft, casing or other facilities for the removal of subsurface waters shall be placed or ma intai ned on any Lot, and no boring , drilling , remova l of, or exploitation for, subsurface water or the injection of water or waste water shall be conducted on any Lot. ARTICLE 6 RIGHTS OF ENJOYMENT IN THE COMMON AREAS 6 .01 Easement. Subject to the provisions of Sections 6 .02 through 6 .07 , each and every Owner in good stand ing with the Association shall have a non-exclusive right and easement of enjoyment in and to all Common Areas, and such easement shall be appurtenant to and shall pass with eve ry Lot , provided the conveyance and transfer is accomplished in accordance with this Declaration . All Owners in good standing with the Association shall have a non-transferable , non-exclusive privilege to use and enjoy all Common Areas for so long as they are Members in good standing with the Association . 6 .02 Extent of Members' Easements . The rights and easements of use, recreation and enjoyment created hereby shall be subject to the following: 6 .02 .01 The r ight of SMD or the Association to prescribe reasonable regulat ions and policies governing, and to charge reason abl e expense reimbursements and /or related to, the use , operation and maintenance of the Common Areas; 6 .02 .02 Liens or mortgages placed against all or any portion of the Common Areas with respect to monies borrowed by the SMD to develop and improve the Property or Common Areas or by the Association to i mprove or mainta in the Common Areas ; 6 .02 .03 The right of the Association to enter into and execute contracts with any party (including, without limitation, the SMD or its affi liates) for the purpose of providing management, maintenance or such other mat~rials or services consistent with the purposes of the Association and/or this Declaration ; 6 .02 .04 The right of the SMD or the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; 6 .02 .05 The right of the SMD or the Association to enter into and execute contracts with the owner-operators of any community antenna television system ("CATV ") or other similar operation for the purpose of extending cable or utility or security service on, over or under the Common Areas to ultimately provide service to one or more of the Lots ; Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 24 j 6 .02 .06 The right of the SM Dor the Association in accordance with the requirements of the Texas Property Code to suspend the voting rights of any Member and to suspend the right of any Member to use or enjoy any of the Common Areas for any period during which any assessment (includ i ng without limitation "fines ") against a Lot resided upon by such Member remains unpaid , or during wh ich non-compliance with this Declaration exists, and otherwise for any period deemed reasonable by the Association for any infraction of the then-existing rules and regulations and/or Architectural Guidelines; 6 .02 .07 The right of the SMD and/or the Association to dedicate or transfer all or any part of the Common Areas to any municipal corporation, public agency , governmental authority, or utility for such purposes and upon such condit ions as may be agreed to by the SMD and the Board; and 6 .02.08 The right of the SMD and/or the Association to grant permits, licenses and easements over the Comm on Areas for utilities, roads and other purposes necessary for the proper operation of the Subd ivision . 6 .03 Restricted Actions by Members . No Member shall permit anything to be done on or in the Common Areas which would violate any applicable public law or zoning ordinance or which would result in the cancellation of or the increase of premiums for any insurance carried by the Associat ion, or which would be in violation of any law or any rule or regulation promulgated by the Board . 6 .04 Delegation of Use; Damage to the Common Areas . Each Member shall have t he right to extend his right of enjoyment to the Common Areas to the members of his fam i ly and to such other peraons as may be perm itted by the Association . An Owner shall be deemed to have made a delegation of all such rights to the tenant of any leased residence and such Owner shall not have the right to use the Common Areas during such tenancy. Each Member shall be liable to the Association for any damage to any porti on of the Common Areas caused by the negligence or willful misconduct of the Member or his family , guests and /or tenan ts . 6 .05 Ru l es of the Board. All Members shall abide by any rules and regulations adopted by the Board . The Board shall have the power to enforce compl iance with sa id rules and regulat ions by all appropr iate legal and equitable remedies , and a Member determined to have violated said rules and regulations shall be liable to the Association for all damages and costs, includ ing reasonable attorneys ' fees . 6 .06 Use of Common Areas . The Board shall have the power and authority to prescribe rules and regulations , which extend to and cover matters such as (but not limited to) the possession and consumption of alcoholic beverages, loud and obnoxious noises and behavior, types of uses allowed on the Tra ils and CAC&P and the supervision by attend i ng adults of children . No person or entity (exclud ing SMD) shall use any portion of the Common Areas to : 6 .06 .01 solic it, promote or conduct business, religious, political or propaganda matters ; 6 .06.02 distribute handbills, newsletters , flyers , circulars or other printed materials , without the prior written consent of the Association (which consent may be withheld in its sole and absolute discretion). The Association may permit and allow reasonable activities to occur on the Common Areas in accordance with rules and regulations deemed reasonable and appropriate by the Association . 6 .07 User Fees and Charges. The Board m_ay levy and collect special charges and fees for any and all extraordinary operation and maintenance of the Common Areas and services that the Board determines to be necessary for the advancement, benefit and welfare of the Owners . Examples (by way of Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 25 illustration, and not limitation) of these special charges and fees would include : extraordinary utility consumption; additiona l security personnel for parties or special events ; management overtime services; and additional insurance conditions or requirements . In establishing special user fees, the Board may formulate reasonable classifications of users. Such fees should be uniform within each class but need not be uniform from class to class. If an Owner shall fail to pay a charge or fee when due and payable, said unpaid charge or fee shall be delinquent and upon written notice to said Owner shall become a personal debt of said Owner. Failure of any Owner to pay said fee and charge when due and payable, in addition, shall be a breach of this Declaration . 6.08 Encroachments . If: (a) construction, reconstruction or repair activities which have been appro.ved by the ACC ; or (b) shifting, settlement or other movements of any portion of ACC approved improvements; results either in the Common Areas encroaching on a Lot or Dwelling Unit or in a Lot or Dwelling Unit encroaching on the Common Areas or on another Lot or Dwelling Unit, and unless otherwise d irected by the ACC, a valid easement shall then and there exist to perm it the encroachment and reasonable and necessary maintenance activities related the r eto . ARTICLE 7 FUNDS AND ASSESSMENTS 7 .01 Assessments . The Associat ion 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 SMD . Where the obligation to pay an Assessment first.arises after the comm en cement of the year or other pe ri od for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligat ion first arose in proportion to the amount of the Assessment year or other period remaining after said date . 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 ma i ntenance 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 am ended . 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 this DeclaratioR, including but not limited to the cost of all Commo·n Area, right-of-way , Trails and Lake maintenance , the .cost of enforcing this Declaration, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund . Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the leve l of Assessments set by the Board shall be final and binding so long as itis made in good fa ith . 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 annually in advance to the Association at the beginning of the fiscal year or during the fiscal year in-equal monthly installments on or before the first day Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 26 I of each month, or in such other manner as the Board may designate in its sole and absolute discretion. Assessments or installments of assessments not paid as provided herein are delinquent. 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 carryout the functions of the Association under this Declaration . 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: Late Fees. 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 .01 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 on the delinquent Assessment 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 h ighest rate , then at the rate of 1-1/2% per month), together with all costs and expenses of collection , includ i ng reasonable attorney's fees . Additionally, if an Assessment or installment of an Assessment is not paid when due, an additional amount of five percent (5%) of such Assessment or installment (the "Late Fee") shall be immediately due and payable, provided the Late Fee may be reduced or waived by the Association for good cause . The Late Fee is assessed to compensate for the administrative costs and expenses of collection of the Assessments . 7 .06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid , 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 Owner, and such Owner's heirs , devisees , personal representatives , successors or assigns. The aforesaid lien shall be superior to all other l iens and charges against the said Lot , except only for tax liens and all sums unpa i d on a first mortgage lien or first deed 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 power to subordinate the aforesaid Assessment lien to any other lien . Such power 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 amount 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 by an officer of the Association , duly authorized by the Board , and shall be recorded in the office of the County Clerk of Brazos County , Texas . Such lien for payment of Assessments shall attach with the priority above set forth , from the date that much payment becomes delinquent, and, subject to the requirements of the Code (as defined in Section 7 .08) may be enforced subsequent to the recording of a notice of Assessment lien as provided above , by the foreclosure of the defaulting Owner's Lot by the Associat ion i n like manner as a mortgage secured by a deed of trust on real property, or the Association may institute suit against the owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicia I or notjudicial, the owner shall be required to pay the costs , expenses, and reasonable. attorney's fees incurred by the Association . The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease , mortgage, convey or otherwise deal with the same. Except as otherwise provided , upon closing of the initial sale of each Lot, the purchaser shall pay dues in the amount of dues set by the Association for each full calendar month until the end of the current year. Said dues will be paid to the Association or accumulated by SMD in the absence of an Association . Said funds will be utilized by SMD solely for maintenance of Common A[eas and the balance shall be paid to the Association when it is formed . The Association shall have the right to designate any other event after closing the initial sale of a Lot as the date upon which the Owner will be obligated to begin paying dues to the Association . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 27 I The terms of this Article 7 are subject to the requirements of Chapter 209, Texas Property Code, as amended from time to time (the "Code"). ARTICLE 8 EASEMENTS 8 .01 Reserved Easements. All dedications, limitations, restrictions, and reservations shown on any plat covering all or any portion of the Property and all grants and dedications of easements, rights-of-way, restrictions, and related rights made by SM D prior to the Property becoming subject to this Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of SMD conveying any part of the Property. SMD reserves the right to make changes in and additions to the said easements and rights-of-way for the purpose of most effectively, efficiently and economically developing and marketing the Property. Further, SM D reserves the right , without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, Common Areas , rights-of-way and easements for public utility purposes (including , without limitation , gas, cable, water, electricity, telephone and drainage), in favor of any person or entity, along and on either or both sides of any Lot line, any such easement having a maximum width of ten (10) feet on each side of such Lot line. The easement areas described in this Section 8 .01 and Section 8 .02 shall be known as "Reserved Easement Areas ". 8 .02 Installation and Maintenance . Easements for installation and maintenance of utilities and drainage fac il ities are reserved as shown on the recorded plat of the Property . Within these easements, if any, no structure or other material shall be placed or permitted to remain wh ich may damage or i nterfere with the installation and maintenance of utilities ; or in the case of drainage easements, which may change the direction of flow of wa ter through drainage channels in such easements . The Reserved Easement Area of each Lot and all Improvements in such area shall be maintained continuously by the Owner of the Lot , except for those Im prov em ents for which a publ ic authority or utility company is respons ible . 8 .03 Surface Areas . The surface of Reserved Easement Areas for underground utility services may be used for planting of shrubbery , trees , lawns or flowers . However, neither SMD nor any supplier of any utility service using any Easement Area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents , employees, servants or assigns , to any of the aforesaid vegetation as a result of any activity reasonably relating to the construction, maintenance, operation or repair of any facility in any such Easement Area. 8 .04 Drainage Easements . Each Owner covenants to provide easements fordrainage and water flow , as contours of land and the arrangement of Improvements approved by the ACC thereon require . Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this De cl aration and those 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 ACC . Coll~ctively , the drainage easements shown on the Plat;if any, and the drainage easements defined in this DecJaration shall be known as "Drainage Easements ." 8 .05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots and the Common Areas for the purpose of enforcing the Covenants in accordance with Section 9.13 hereof, and for the construction of a common cable television or other telecommunications system, a common sprinkler system , maintenance of landscaping , or any other 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 . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 28 J 8.06 Drainage Maintenance Easement. An exclusive, twenty-five foot (25') easement or such greater easement area as may be determined by the ACC and identified on the Stream Map and Identification Table is hereby retained in favor of SMD and the Association along either side of any creek, channel, tributary or other Waterway located on a Lot for the purpose of maintenance of Waterways and drainage ways on the Property. An entry upon any Lot by SM Dor the Association to effectuate the foregoing purposes shall not be deemed as trespass . Neither SMD nor the Association shall be liable to any Owner for any damage done by them or either of them, or their respective agents , employees, servants or assigns, to any of the vegetation in the Drainage Maintenance Easement as a resu It of any activity reasonably related to the maintenance and operation of the drainage ways in the Drainage Maintenance Easement. 8.07 Trail Easement. An easement ("Trail Easement") extending ten feet (10 ') inward toward a Lot from any public utility easement lying adjacent to the property line of a Lot which is adjacent to an Access Road is hereby retained in favor of the Association and its Members for use as a pedestrian, equestrian or hybrid mixed use trail. SMD and/or the Association may construct, maintain, operate or repair a pedestrian , equestrian or hybrid mixed use trail in the Trail Easement for the use of the Association 's Members . SMD and/or the Association may remove such vegetation and other improvements lying within the Trail Easement as are necessary tom aintain an open , accessible and continuous trail. 8 .08 Riparian Management Easements . On each Lake Lot there is hereby retained in favor of SMD and the Association a perpetual twenty foot (20 ') riparian management easement located shoreward from the lakefront property line of a Lot (located at the 260 foot elevation level) for the purpose of maintaining the Lake, maintaining wildlife habitat, erosion control and other work necessary or desirable in connection w ith the Lake . On each Lot, there is hereby retained in favor of SMD and the Association a perpetual seventy-five foot (75') riparian management easement located on either side of any creek , channel , tributary or other Waterway located on such Lot for the purpose of maintaining such Waterway, maintaining wildlife .habitat, erosion control and other work necessary or desirable in connection with the Waterway. ARTICLE 9 MISCELLANEOUS PROVISIONS 9 .01 Applicability. This Declaration is adopted as part of and, except as expressly prov ided herein , shall apply to each and every Lot in the Subdivision. This Declaration is equally for the benefit of all subsequent Owners of Lots in the Subdivision and accordingly, shall be covenants running with the land . Any Owner or lienholder of any of the Property or the Association shall have the power to prosecute in the appropriate court a suit at law or in equity to prevent any violation or attempted violation of this Declaration and to recover damages for any violation or attempted violation including , but not limited to, reasonable attorney's fees; provided, however, that this clause shall not restrict any governm enta I agency from acting to enforce any of the restrictions contained in this Declaration . 9 .02 Term. The term of this Declaration shall be for a period from the filing of this instrument for record in Brazos County, Texas, until the 1st day of January, 2033 , after which such date this Declaration shall be automaticall!f extended for successive periods of ten (10) years -each, unless and until by instrument executed by the then record Owners of a majority of the Lots in the Subdivis ion and duly recorded in Official Records of Brazos County, Texas, the Declaration is altered, rescinded, modified or changed, in whole or in part. 9 .03 Mortgagee. Nothing contained in this document, nor any violation of any provision of this Declaration shall have the effect of impairing or affecting the rights of any mortgagee, or trustee under any mortgage or deed of trust outstanding against all the Su,bdivision or any portion thereof. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 29 / 9.04 Assignment of SMD Rights and Duties. Any and all of the rights, powers, duties and reservations of SMD under this Declaration may be assigned by SMD to any person, which assumes all of the particular rights, powers, duties and reservations assigned . The easements and rights-of-way reserved by SMD in Article 8, may be assigned, transferred or terminated by SMD without notice. If SMD assigns its other rights , powers , duties and reservations under this Declaration, SM D shall: (a) furnish notice to the Association ; and (b) notify all of the then Owners in any reasonable manner selected by SMD, including publication of such notice in a newspaper or newspapers circulated in Brazos County. Upon the occurrence of such assignment and the giving of such notice, SMD (its employees, shareholders, directors or officers) shall be released and relieved from any and all liability and obligations imposed upon it or them by this Declaration. Should SMD cease to exist without having assigned to any person all of the rights, powers , duties and reserva t ions of SMD contained in this Declaration , then all of such rights, powers, duties and reservations of SMD shall automatically vest in the Association . 9 .05 Run With Land . Every person who now or hereafter owns or acquires any right, title or interest in or to any property in the Subdivision is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained he rein, whether or not any reference to this declaration is contained in the instrument by which such person acquires .an interest in the property. 9 .06 Deviations. SM D reserves the right to make minor deviations from the terms of this document to the extent perm issible by law and consistent with the general plan for development as herein set out. 9.07 Severability. The invalidity, violation, abandonment, wa iver of or failure to enforce any one or more of or any part of the provision of this document shall in no way effect or impair the remaining provisions or parts thereof wh ic h shall remain in full force and effect. 9 .08 Enlargement or Reduction of the Property. At any time and from time to time, SM D sha II have the right , without the joinder or consent of the Association or the Owners, to add additional property to the land then compris in g the Property. As used herein , "Additional Property" shall mean and refer to lands now owned or hereafter acquired by SMD that SMD wishes to make subject to this Declaration . The addition of the Add itional Property or portions thereof to the Property shall be accomplished by the filing in the Official Records of Brazos County an instrument describing the Additional Property to be annexed and annexing such Additional Property so described to the Property, thereby imposing this Dec l aration , as amended from time to time with such additional modifications and additions described in such i nstrument, upon the Additional Property. Upon the filing of such an instrument , that the Add itional Property shall become a part of the Property and the collected assessments applicable to all Lots, in cluding similar assessments then applicable to the Additional Property, may be commingled by the Board and expended for the benefit of the Property, as enlarged, as determined by the Board : SM D may add Additional Property to the Property as many times as SMD, in its sole and absolute discretion, determines such additions may be in the best interests of the overall development of Indian Lakes . Each Owner, by virtue of acceptance of any instrument conveyi ng an interest in a Lot subject to this Declaration , acknowledges and agrees that the addition of Additional Property to the Property may result in an increase in the Assessments , a dilution of their ownership percentage of the Property and a concomitant reduction in their voting rights hereunder, and each Owner, by its acceptance of the instrument conveying an interest in a Lot, agrees to the provisions of this Section 9 .08 permitting the adding of Additional Proper!Y to the Property . SMD shall have no obligation to impose this Declaration on any other land owned by SMD and nothing contained in this Declaration shall be deemed to create or give rise to any legal or equitable right, servitude , easement or other interest in or to any Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 30 •, I • I other lands now owned or hereafter acquired bySMD , unless and until such lands are expressly made subject to this Declaration by virtue of the recordation of an instrument imposing this Declaration upon such land in accordance with this Section 9 .08 . At any time and from time to time , SMD shall have the right, without the joinder or consent of the Associ ation or Owners to remove any portion of the Property owned by SMD from the land then comprising the Property. SMD may remove portions of the Property as many times as SM D, in its sole and absolute discretion, determines. The removal shall be accomplished by the filing in the Official Records of Brazos County an instrument describing the portion of the Property to be removed, thereby freeing such portion of the Property from the terms of this Declaration , as amended from time to time . 9 .09 Amendment. During the Development Period, this Declaration may be amended by Developer without joinder or consent of any of the Owners . After the Development Period , this Declaration may be amended , but not terminated , by amendment approved by the Owners holding not less than sixty-six and two-thirds percent (66-2/3%) of the votes in the Association as of the first day of the month in wh ich such amendment is made effective. Any amendment effective prior to January 1, 2028 , must also be approved by SMD if SMD owns any part of the Property, and SMD , in its sole and absolute discretion, may withhold its consent. Any term i nation or amendment to this Declaration shall be documented by an instrument signed and acknowledged by SMD if during the Development Period or, if after the Development Period , by the President and Secretary of the Association and SMD (if prior to January 1, 2028) setting forth the amendment and certifyi ng that such amendment has been approved by Owners entitled to cast at least sixty-six and two-thirds percent (66-2/3 % ) of the number of votes entitled to be cast. 9 .10 Failure to Enforce Covenants . The failure of SMD, the Association, the Owner of any Lot , or their respect ive legal representatives , heirs, successors and assigns , to enforce this Declaration or any portion thereof shall in no event be considered a waiver of the right to do so thereafter , as to the same violation or breach or as to such other violation or breach occurring prior or subsequent thereto . 9 .11 Covenants Do Not Create Reversion . No covenant here in is intended to be , or shall be construed as , a condition subsequent or as creating a possibility of reverter. 9 .12 Relief for Violation or Breach. Damages shall not be an adequate remedy for any breach or violation of any provision hereof. Accordingly, any person or entity entitled to enforce any provis ion hereof shall be entitled to relief by way of injunction , specific performance, recovery of damages or any other ava ilable relief either at law or in equity. 9 .13 Enforcement of Covenants . Each Owner of each Lot shall be deemed , and held responsible and liable for the acts, conduct and omission of each and every Member, guest, tenant and invitee affiliated with such Lot, and such liability and responsibility of each Owner shall be joint and several with their guests , tenants and invitees . The lien granted in Article 7 above shall extend to, cover and secure the proper payment and performance by each and every Member, guest, tenant and invitee affiliated with each Owner. Each Owner may, upon appropriate application to and approval by the Association, impose greater or additional restraints and restrictions on the "good standing" qualifications of Members and residents of such Owner's Lot. Unless otherwise prohibited or modified by law, all parents shall be liable for any and all personal injuries and property damage proximately caused by the conduct of their children (under the age of 18 years) within the Property . Any person who either: (a) brings suit to enforce this Declaration and prevails therein; or Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 31 \ I (b) otherwise incurs legal fees in enforc ing the covenants contained in this Declaration, shall be entitled to recover court costs and reasonable attorneys ' fees from the person against whom the covenants are enforced . 9 .14 Alteration of th is Declaration . No change of conditions or circumstances shall operate to extinguish , terminate, or mod ify any of the provisions of this Declaration . 9.15 Assignment by the Association. The Association shall be empowered to assign its rights , or any part hereof, to any successor entity, and upon such assignment , the successor entity shall have those rights and be subject to those duties of the Association assigned thereby . The successor entity shall be bound by this Declaration to the same extent as the Association . Any such ass ignment shall be accepted by the successor entity under a written agreement pursuant to which the successor entity expressly assumes the duties and obligations of the Association thereby assigned . If for any reason the Association shall cease to exist without having first assigned its rights and obligations hereunder to a successor entity , the covenants, restrictions , easements, charges and liens imposed by this Declaration shall nevertheless continue ; and any Owner may petition a court of competentjurisdiction to have a trustee appointed for the purpose of organizing a nonprofit membership corporat ion and assigning the rights of the Association hereunder to sa id corporation with the same force and effect, and subject to the same conditions , as provided in this Section 9.15 with respect to an assignment by the Association to a successor entity . 9.16 Definition of "Titles ". All titles or headings of the articles and sections herein are for the purpose of reference only and shall not be deemed to limit, modify, or otherwise affect any of the prov isions hereof. All re f erences to singular terms shall include the plural where appli cable, and all references to the masculine shall include the fem i nin e and the neuter. 9 .17 Notices . Any notice given or required to be sent under the provisions of this Dec.la ration shall be deemed to have been proper ly given when given in writ ing; and (a) delivered personally ; (b ) delivered to a rep utable overn ight de l ivery service prov iding a receipt: or ( c) deposited in the United States mail, postage pre paid and registered or cert ified , return receipt requested, to the last known address of a person to whom notice is to be given . The address for each Owner shall be at the Lot or Lots owned by such Owner unless the Owner furn ishes written notice of another address to the party by giving a notice as provided herein. The effective date of any notice as provided herein (the "Effective Date") shall be the date of personal service , one (1) business day after del ivery to such overnight service, or three (3) business days after being deposited in the United States mail, whichever is applicable . 9 .18 • Mutuality. Reciprocity, Runs with Land. All covenants, restrictions, easements, charges and liens contained in this Declaration : (a) are made for the direct, mutual and reciprocal benefit of the Property and each Lot therein ; (b) shall create mutual, equitable servitudes and reciprocal easements upon each Lot, in favor of every other Lot (except as otherwise herein provided); Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 32 (c) shall create reciprocal rights and obligations between the respective Owners of all Lots and privity of contract and estate between all Owners of the Lots and their respective heirs , successors and assigns; and (d) shall, as to the Owner of each Lot and their respective heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, and the present and future Owners thereof. The foregoing shall in no way create am utual, equitable servitude or reciprocal easement with respect to the use restrictions . 9 . 19 No Warranty of Enforceability. While SMD has no reason to believe that any of the sections, terms, or provisions in this Declaration are or may be invalid or unenforceable for any reason or to any extent, SMD makes no warranty or representation as to the present or future validity or enforceability of any such sections , terms, or provisions. Any Owner acquiring a portion of the Property shall not be entitled to do so in reliance on the enforceability or validity of any one or more of such sections, terms, or provisions of this Declaration and shall assume and does assume all risks of the validity and enforceability thereof and, by acquiring a portion of the Property, agrees to hold SMD harmless therefrom . 9 .20 Time is of the Essence. In regard to the acts, duties, obligations, or responsibilities to be performed by any Member or Owner pursuant to this Declaration, time is of the essence as to such performance . 9.21 Maximum Interest Payable . In all events where interest is due and payable on any obligation pursuant to the provisions of this Declaration, the person to whom such payment is due shall never be entitled to rece ive, collect or apply as interest on such indebtedness any amount in excess of the h ighest rate allowed by law. In the event the payee of such indebtedness ever receives, collects or applies as interest any such excess , such amount which would be excessive i nterest shall be cred ited against the principal of the i ndebtedness and, if the indebtedness has been paid in full, any remaining excess shall forthwith be refunded to the payor thereof and, in such event, the payee shall not be subject to any penalties provided by law for con t racting for, charging or receiving interest in excess of the h ighest rate allowed by law . 9 .22 Replatting. SM D shall have the right to re plat or subdivide any Lots owned by it by recorded plat or in any other lawful manner. 9 .23 Conflict. With respect to any Lot, in the event of a conflict between the terms of this Declaration and the plat upon which the Lot is described, the most restrictive provision ors tandard shall apply. Dated th is the 18'h day of June, 2003 . Declaration of Covenants, Conditions, ReseNations and Restrictions of Villages of Indian Lakes SMILING MALLARD DEVELOPMENT, LTD . a Texas limited partnership By : SMILING MALLARD MANAGEMENT, LLC its general partner Paul J . Clarke, Manager Page 33 STATE OF TEXAS § COUNTY OF BRAZOS § I This instrument was acknowledged before me on this the 18th day of June , 2003 by Paul J . Clarke, Manager of Smiling Mallard Management, LLC , as general partner of Smiling Mallard Development, Ltd ., a Texas limited partnership , on behalf of said partnership. Notary Public , State of Texas CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of the li en on a portion of the Property, consents to the foregoing Declaration and the covenants , conditions , restrict ions and easements contained therein , and lien holder hereby subordinates its lien to the rights and interests of the Declaration , such that a foreclosure of the lien shall not extinguish the covenants , conditions , restric ti ons and easements contained in the Declaration . THE FIRST NATIONAL BANK OF BRYAN By :-------------------~--------------- Nora Thompson , Senior Vice President THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF BRAZOS § Th is i nstrument was acknowledged before me on the 18 'h day o f June , 2003 , by Nora Thompson , Senior Vice Pres i dent of The First National Bank of Bryan , on behalf of said banking ins titution . Notary Public , State of Texas Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 34 \.l : Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes I EXH IBIT A (Legal Description) Please see recorded document Page 35 .. CITY OF COLLEGE S TATION I MINUTES Regular Meeting Planning and Zoning Commission Thursday, April 6, 2006 at 7:00 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas CO MMI SSIO NE RS PRESENT : Chairman Scott Shafer, Bill Davis, John Nichols, Ken Reynolds, Marsha Sanford and Harold Strong. C OMMI SSI O NE R S ABSENT : Dennis Christiansen . CITY C O UNCIL MEMBER S PRESENT: Nancy Berry. STAFF P RESENT: Staff P lanners Lindsay Boyer and Crissy Hartl, Senior Planners Jennifer Prochazka and Trey Fletcher, Assistant City Engineer Alan Gibbs , Graduate Civil Engineers Carol Cotter and Josh Norton, Transportation Planner Ken Fogle, Director Joey Dunn, Assistant Director Lance Simms, Planning Intern Casey Page, Staff Assistant Lisa Lindgren, City Attorney Harvey Cargill and OTIS Action Center Representative Brian Cooke. 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:05 p.m. 2. Hear Citizens. No one spoke at this time . 3. Consent Agenda. 3.1 Consideration, discussion and possible action on meeting minutes. •!• March 2, 2006 -Workshop Meeting Minutes •!• March 16, 2006 -Workshop Meeting Minutes •!• March 16 , 2006 -Regular Meeting Minutes 3.2 Presentation, possible action, and discussion on a Final Plat for Sendera Subdivision, consisting of 23 lots on approximately 98.7 acres located on FM 2154, just south of Bentwood Estates in the City's ETJ. C ase #06-50000 8 G R /CC) P &Z Regular Meeting Minutes April 6, 2006 Page 1of6 / 3.3 Presentation, possible action, and discussi o n o n a Final Plat for Indian Lakes Phase VIII, consisting of 36 lots on 69.67 acres, generally located southeast of the intersection of Indian Lakes Drive and Chaco Canyon Drive, in the City's extraterritorial jurisdiction. Case #06-500047 OP /CC) 3.4 Presentation, pos si ble action, and discussion o n a Preliminary Plat for Aggielan d Business Park consisting of 17 lots o n 117.48 acr es located at 5942 Raymond Stotzer Pkwy generally loc ated at the northwest corner of FM 60 and Jones Road in the College Station ETJ. Case #06-500048 (TF) Commissioner Davis motioned to approve the consent agenda. Commissioner Sanford seconded the motion, motion passed (6-0). Regular Agenda. 4. Consideration, discussion and possible actio n on requests for absence from meetings . •:• Scott Shafer -May 4, 2006, Workshop & Regular Meeting •:• Scott Shafer -May 18, 2006, Workshop & Regular Meeting •:• Scott Shafer -June 1, 2006, Workshop & Regular Meeting •:• Dennis Christian sen -April 6, 2006, Work sh op & Regular Meeting •:• John Nichols -May 18, 2006, Workshop & Regular Meeting •:• John Nichols -June 1, 2006, Workshop & Regular Meeting Commissioner Davis motioned to approve the absence requests. Commissioner Sanford seconded the motion, motion passed (6-0). 5. Consideration, discussion, and possible ac tion on items removed from the Consent Age nda by Commission action . No items were removed from the consent agenda. 6. Presentation, possible action, and discus sio n on a varia nce from Section 8-K.1 (Lots) of the Subdivision Regulations for Lakeside Village Subdivision, an d presentation , possible action, and discus sion on a Preliminary Plat consisting of 56 lots on 13.79 acres generally located along the proposed ex ten sion of Eagle A venue and wes t of Longmire Drive. Case #06-500012 (TF /CC) Trey Fletch er, Senior Planner, presented the Variance and Preliminary Plat. Mr. Fletcher stated that no phone calls were received and th e item is not for a public hearing. Commissioner Nichols motioned to approve the Variance request shown m Block 3, but not approve the Variance request in Block 1 and asked that the applicant work with staff prior to the Final Plat to modify Block 1. Commissioner Davis seconded the motion, motion passed (5-1). Commissioners Shafer, Nichols, Sanford, Davis and Reynolds were in favor of the motion; Commissioner Strong was opposed to the motion. P&Z Regular Meeting Minutes April 6 , 2006 Page 2of6 Commissioner Davis motioned to request that when the Preliminary Plat comes back before the Planning and Zoning Commission, that changes be made to include Right-of-Way dedication within the subdivision boundary lines indicated by heavy lines and the computed acreage of the subdivision; add a note to the plat to state that common areas will be maintained by a Homeowners Association (HOA); and, that pedestrian and bikeway access easements be granted from Block 2 to Eagle Avenue and from Block 3 to the future bike trail on the greenways. Commissioner Strong seconded the motion, motion passed (6-0). 7. Presentation, possible action, and discus sion on an amendment to a Master Plan for Crescent Pointe consisting of 137 .14 acres located at 3500 University Drive East in the general vicinity of University Drive, State Highway 30, Copperfield Parkway, and Crescent Pointe Parkway. Case #06-500025 (LB /JN) Lindsay Boyer, Staff Planner, presented the Master Plan and recommended approval. Stewart Kling, Kling Engineering, 4101 Texas Avenue, College Station, Texas. Mr. Kling answered questions in general from Commissioners regarding the difficulty with financing for the project, the PMUD requirements and access. Commissioner Nichols motioned to approve the Master Plan as presented. Commissioner Reynolds seconded the motion, motion passed (4-2). Commissioners Shafer, Nichols, Reynolds and Sanford voted in favor of the motion; Commissioners Davis and Shafer voted in opposition of the motion. 8. Presentation, possible action, and discussion on a Preliminary Plat for Crescent Pointe Subdivision consisting of 16 lots on 137.14 acres located at 300 University Drive East in the general vicinity of Copperfield Parkway between University Drive East and State Highway 30. Case #06-500004 (LB /JN) Lindsay Boyer, Staff Planner, presented the Preliminary Plat stating that it is in compli ance with all minimum Sub Division requirements, the Comprehensive Plan and the current and proposed zoning districts on the property. Commissioner Reynolds motioned to approve the Preliminary Plat as submitted with the condition that staff review comments are satisfied. Commissioner Sanford seconded the motion, motion passed (6-0). 9. Public hearing, presentation, possible action, and discuss ion on a rezoning for Cres cent Pointe Subdivision consisting 137.14 acres located at 300 University Drive East in the ge neral vicinity of Copperfield Parkway between University Drive East and Harvey Road from M-1, Light Industrial to a combination of C-1, General Commercial, A-P, Administrative Professional, and R-4, Multi-Family. Case #06-500003 (LB/JN) Lindsay Boyer, Staff Planner, presented the Rezoning and recommended approval of the Rezoning if the amendment to the Master Plan was approved, with the condition that no fence or wall be built between the park and the adjacent R -4 Lots . No one spoke at the public hearing. P&Z Regular Meeting Minutes April 6, 2006 Page 3of6 Commissioner Nichols motioned to recommend to City Council approval of the Rezoning with the condition that no fence or wall be built between the park and adjacent R-4 Lot as stated in the staff report. Commissioner Sanford seconded the motion, motion denied (2-4). Commissioners Nichols and Sanford voted in favor of the motion; Commissioners Strong, Reynolds, Davis and Shafer voted in opposition of the motion. 10. Public hearing, presentation, pos sible action, and discussion on a Replat for High Ridge Subdivisi on consisting of 3 lots on 8.13 8 acres located at 1201 Earl Rudder Freeway South, generally located on the east side of the freeway between Harvey Road and Universi ty Drive. Case #05-500090 (LB/CC) Lindsay Boyer, Staff Planner, presented the Rep lat stating that the plat was in compliance with all of the City of College Station's Subdivision Regulations and recommended approval of the Replat No one spoke at the public hearing. Commissioner Nichols motioned to approve the Final Plat Replat as presented. Commissioner Strong seconded the motion, motion passed (6-0). 11 . Public hearing, presentation, possible action, and discussion on a Rezoning from C-1 General Commercial to C-1 General Commercial with the RDD Redevelopment overlay district for the Culpepper Plaza consisting of 19 .15 acres located at 1505 Texas A venue South, or the northeast comer of Harvey Road and Texas Avenue. Case #05-500222 (TF) Trey Fletcher, Senior Planner, presented the Rezoning and stated that a thorough set of reviews had been completed similar to a site plan coming forward for a Conditional Use Permit. Mr. Fletcher stated that o ther items reviewed were the ele vations in compliance with the Non-Residential Architectural Standards and stated that staff was comfortable based on the applicant's level of compliance and what the y would seek relief for from the Design Review Board. He also stated that staff had lo oked at the following: throat depth coming off of Texas Avenue, access points which have been reviewed with the Texas Department of Transportation, parking lot configurations for spaces, dimensions and circulation, and the landscap e. Mr. Fletcher state d that those were the Site Plan components that would govern the redevelopment of the site. He also stated that there were waivers being requested but that the project is substantially compliant. Mr. Fletcher recommended approval of the requests with the waivers requested. Veronica Morgan, 511 University Drive, College Sta tion , Texas; R obert Scott, 3901 Bellaire, Houston, Texas. Ms. Morgan and Mr . Scott sp oke in favor of the Rezoning. Commissioner Davis motioned for approval of the Rezoning from C-1, General Commercial to RDD, Redevelopment Overlay District with all staff comments and the variances as requested and presented. Commissioner Nichols seconded the motion, motion passed (6-0). P&Z Regular Meeting Minutes April 6, 2006 Page 4of6 12. Public h earing, presentatio n, p ossible actio , and di sc u ssion regarding a possible recommendation to City Council r egardiny treetscaping in the City of Coll ege Station. Case #06-500049 (JD) \/ Joey Dunn, Director, presented the recommendation o n streetscaping. After general discussion, Commissioner Davis motioned to approve the recommendation regarding streetscaping and forward it to City Council. Commissioner Strong seconded the motion, motion passed (6-0). 13. Public hearing, presentation, possible action, and discussion regarding a thoroughfare plan amendment in the area bound by State Highway 6, Rock Prairie Road , and Greens Prairie Road. Case #06-500039 (KF) Ken Fogle, Transportation Planner presented the thoroughfare plan amendment. No on e spoke at the public hearing . Commissioner Nichols motioned to approve the thoroughfare plan amendment. Commissioner Sanford seconded the motion, motion passed (6-0). 14. Public hearin g, presentation, possible action, and discussion regarding an amendment to the Unified Dev elopment Ordinance, Section 3.15 A dministrative Adjustments. Case #05-500023 (JP) Jennifer Prochazka, Senior Planner presented the amendment to Section 3.15 Administrative A dju stments to the Unified Deve lopment Ordinance. No one spoke at the public hearing. Commissioner Davis motioned to approve the amendment as presented. Commissioner Strong seconded the motion, motion passed (6-0). 15 . Public hearing, presentation, possible action, and discussion on an amendment to the Unifie d Development Ordinance, Sectio n 7.3, Access Management & Circulation, related to driveways. Case #05-500023 (JP) Jennifer Prochazka, Senior Planner, presente d the amendment to Section 7.3, Access Management and Circulation to the Unified Development Ordinance. No one spoke at the public hearing . Commissioner Davis motioned to approve the amendment as presented. Commissioner Strong seconded the motion, motion passed (6-0). 16. Public hearing, presentation, possible actio n, and discussion on an ame ndment to the U nified Development Ordinance, Sections 7.2 .F-H, Off Street Parking Standards, related to surfacing and curbs. Case #05-500023 (JP) P&Z Regular Meeting Minutes April 6, 2006 Page 5of6 Jennifer Prochazka, Senior Planner, presented the amen dment to Section 7.2F-H, Off Street Parking Standards to the Unified Development Ordinance. No one spoke at the public hearing. Commissioner Davis motioned to approve the amendment as presented. Commissioner Nichols seconded the motion, motion passed (6-0). 17. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Section 7 .1 General Provisions to address building permits / setbacks and porches policy issues . Case #05-500023 (TF) Trey Fletcher, Senior Planner, presented the amendment to Section 7.1 General Provisions to the Unified Development Ordinance. No one spoke at the public hearing . Commissioner Nichols motioned to approve the amendment as presented. Commissioner Sanford seconded the motion, motion passed (6-0). 18. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Section 7.8 Solid Waste . Case #05-500023 (TF) Trey Fletcher, Senior Planner, presented the amendment to Section 7.8 Solid Waste to the Unified Development Ordinance. No one spoke at the public hearing. Commissioner Nichols motioned to approve the amendment as presented. Commissioner Davis seconded the motion, motion passed (6-0). 19 .Adjourn . Commissioner Reynolds motioned to adjourn. Commissioner Davis seconded the motion, motion passed (6-0). Approved: Seo~ Planning and Zoning Commission Attest: d~~~· Lisa Lindgren, Staff Assist Planning and Development Services P&Z Regular Meeting Minutes April 6, 2006 Page 6of6 / MINUTES Regular Meeting Planning and Zoning Commission Thursday, April 20, 2006 at 7:00 p.m . C JTY OF C OLI.EGE ST ATION Plmmi1tg 0-Dri!r'!IJ.p11u111 Smtittt Council Chambers College Station City Hall 1101 Texas Avenue College Station, Texas C OMMIS SIONER S PRESENT: Chairman Scott Shafer, Dennis Christiansen, Bill Davis , John Nichols, Ken Reynolds , Marsha Sanford and Harold Strong . C OMMI SSIONER S ABSENT: None . CITY COUNCIL MEMBE R S PRESENT: None . STAFF PRESENT: Staff Planners Lindsay Boyer, Jennifer Reeves and Crissy Hartl , Senior Planners Jennifer Prochazka and Trey Fletcher, Assistant City E ngineer Alan Gibbs , Graduate Civil Engineers Carol Cotter and Josh Norton , Transportation Planner Ken Fogle, Director Joey Dunn, Assistant Director Lance Simms , P lanning Intern Casey Page , Staff Assistants Jessica Kramer and Lisa Lindgren, Assistant City Attorney Carla Robinson and OTIS Action Center Representative Brian Cooke . 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:04 p .m. 2 . Hear Citizens . No one spoke during this item . 3. Consent Agenda. 3.1. Presentation, possible action and discussion on a Final Plat for Horse Haven Phase 2 , consisting of 9 lots on 1.97 acres generally located at Earl Rudder Freeway and Hor se Haven Lane. Case #0 4-2 83 (JP /JN) 3.2 . Presentation , possible action and discussion on a Final Plat for Horse Haven Phase 3 , consisting of 54 lots on 14.43 acres , generall y located at Earl Rudder Freeway and Horse Haven Lane . Case #04-270 (JP/JN) April 20, 2006 P&Z R egular Meet ing Minutes Page 1of5 '· / ... r ~· 3.3 Presentation, possible action, and discussion on a Final Plat for Indian Lakes Phase VIII, consisting of 36 lots on 69 .67 acres, generally located southeast of the intersection of Indian Lakes Drive and Chaco Canyon Drive, in the City's extra~erritorial jurisdiction. Case #06-500047 (JP/CC) 3.4 Presentation, possible action, and discussion on a Preliminary Plat for Aggieland Business Park consisting of 17 lots on 117.48 acres located at 5942 Raymond Stotzer Pkwy generally located at the northwest comer of FM 60 and Jones Road in the College Station ETJ. Case #06-500048 (TF) Commissioner Davis motioned to approve the consent agenda. Commissioner Christiansen seconded the motion, motion passed (7-0). Regular Agenda 4. Consideration, discussion , and possible action on items removed from the Consent Agenda by Commission action. No items were removed from the consent agenda. 5. Presentation, possible action, and discussion on a concept I site plan for previously approved Conditional Use Permit for the Wolf Pen Creek (WPC) Condos in the WPC Design District consisting of 7.61 acres located at 305 Holleman Dr. E., generally located on the north side of Holleman between George Bush Drive East and Dartmouth Drive. Case #06-500001 (TF/CC) Trey Fletcher, Senior Planner, presented the item. Commissioner Nichols motioned to approve the item. Commissioner Christiansen seconded the motion, motion passed (7-0). 6. Public hearing, presentation, possible action, and discussion on a Variance to Section 18 of the Subdivision Regulations (Platting & Replatting Within Older Residential Subdivisions) and public hearing , presentation, possible action, and discussion on a Replat of Lots A & B , Block 2, Prairie View Heights Subdivision , consisting of 3 lots on 0.293 acres , generally located north of and adjacent to Columbus Street. Case #06-500055 (JP/CC) Jennifer Prochazka, Senior Planner, presented the request for the Variance and the Replat. Ms. Prochazka recommended approval of the variance request and recommended approval of the replat if the variance request was approved. She stated that several phone calls had been recei ved regarding the property, but none of the calls were in objection to the replat. Terry Smith, 803 Pace, College Station, Texas . Mr. Smith spoke in favor of the variance and replat. April 20, 2006 P&Z Regular Meeting Minutes Page 2of5 / Commissioner Sanford motioned to approve the variance request. Commissioner Davis seconded the motion, motion passed (7-0). Commissioner Davis motioned to approve the replat. Commissioner Christiansen seconded the motion, motion passed (7-0). 7. Public hearing, presentation, possible action , and discussion on a Rep lat of Nantucket Subdivision Phase 2, a Final Plat of Nantucket Subdivision Phase 7, and a Final Plat of South Hampton Subdi vision Phase 4, collectively consisting of 21 lots on 15 .99 acres, generally located at the southwest comer of State Highway 6 West Frontage Road and Nantucket Drive . Case #06-600057 (JP/CC) Jennifer Prochazka, Senior Planner, presented the replat of Nantucket Subdivision Phase 2, the Final Plat for Nantucket Subdivision Phase 7, and the Final Plat for South Hampton Subdivision Phase 4 . Ms. Prochazka recommended approval of the plat as submitted. She stated that the plat was in compliance with the zoning , the preliminary plat, and the Concept Plan, and that the plat was in compliance with the Comprehensive Plan. Miles Orin, 1209 Winddrift Cove , College Station , Texas .; Joe Powell , 1605 Harpers Ferry , College Station , Texas ; Glenn Meyers , 1609 Harpers Ferry , College Station, Texas; Pat Kulchen, 1503 Fairhaven Cove, College , College Station, Texas; Paul Bollin, 1207 Winddrift Cove, College Station, Texas; all spoke in opposition of the replat. Some of their concerns were access and roads in and out of the area, wildlife preservation, the size of lots and homes being built , timely notification of the replat, and time constraints in order for residents to review the preliminary plat and replat. Joe Schultz, 3208 Ensbrook, College Station, Texas and Phyllis Hobson , 9304 Chadwick, College Station, Texas , both spoke in favor of the replat. Commissioner Davis motioned to approve the final plat of Phase 7, which would include Lots 1 through 9. Commissioner Strong seconded the motion, motion passed (7-0). Commissioner Davis motioned for approval of the final plat of South Hampton Phase 4, Lots 7-14, which excludes Lots 5 and 6. Commissioner Sanford seconded the motion, motion passed (7-0). Commissioner Davis motioned to deny the replat of Nantucket Subdivision Phase 2 as submitted due to the notification error. Commissioner Sanford seconded the motion, motion passed (6-1). Commissioners Sanford, Nichols, Christiansen, Shafer, Davis and Strong were in favor of the motion. Commissioner Reynolds opposed the motion . April 20, 2006 P&Z Regular Meeting Minutes Page 3 of 5 / 8. Public hearing, presentation, possible action, and discussion on a Rezoning from A-0 Agricultural-Open to C-3 Light Commercial consisting of one lot on 3.67 acres located at the southeast comer of State Highway 40 and Barron Road . Case #06-500053 (TF I JN) Trey Fletcher, Senior Planner, presented the rezoning and recommended approval. Commissioner Nichols motioned to approve the rezoning. Commissioner Christiansen seconded the motion, motion passed (7-0). 9. Public hearing, presentation, possible action and discussion on an amendment to the Comprehensive Land Use Plan for approximately 1.4 acres from Floodplain to Retail Regional for the area generally located southwest of the intersection of future Decatur Driv e and future Arrington Road. Case #06-500069 (LB) Lindsay Boyer, Staff Planner, presented the item. Chuck Ellison, 2902 Camille Drive, College Station, Texas and Joe Schulz, 3208 Ensbrook, College Station, Texas spoke in favor of the amendment to the Comprehensive Land Use Plan. Commissioner Nichols motioned to approve the amendment to the Comprehensive Land Use Plan. Commissioner Christiansen seconded the motion, motion passed (7-0). 10. Public hearing, presentation, possible action , and discussion on a rezoning for Spring Creek consisting of 1 lot on 28 .01 acres located at 4300 SH 6 S in the general vicinity of the future intersection of Decatur Drive and Arrington Drive , southwest of the existing intersection of Alexandria A venue and Decatur Drive from R-4, Multi-family, A-0, Agricultural Open, and R-1 , Single Family to R-1 , Single Family Residential, A-P, Administrative Professional , and C-1 , General Commercial. Case #06-500029 (LB/CC) Lindsay Boyer, Staff Planner, presented rezoning and recommended appro val. Chuck Ellison, 2902 Camille Drive , College Station, Texas. Mr. Ellison spoke in favor of the rezoning. Commissioner Christiansen motioned to approve the rezoning. Commissioner Davis seconded the motion, motion passed (7-0). April 20, 2006 P&Z Regular Meeting Minutes Page 4of5 / 11 . Adjourn. Commissioner Davis motioned to adjourn. Commissioner Nichols seconded the motion, motion passed (7-0). Approved: A~ Lisa Lindgren, Staff Assistant Planning and Development Services April 20, 2006 P&Z Regular Meeting Minutes Page 5 of 5