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HomeMy WebLinkAboutFP2005-500232 folder contentsI C ITY OF C OLLEGE S TATION Planning & Development Services FOR OFFIC E USE ON ~ P&Z CASE NO.: O'S-()_,~ DATE SUBMITTED: FINAL PLAT APPLICATION (Check one) D Minor ($300.00) D Amending ($300.00) 1ZJ Final ($400.00) D Vacating ($400.00) D Replat ($600.00)* *Includes public hea ri ng fee 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 NIA Variance Request to Subdivision Regulations -$100 (if applicable) NIA Development Perm it Application Fee of $200.00 (if applicable). NIA 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). NIA Parkland Dedication requirement approved by the Parks & Recreation Board, please provide proof of approval (if applicable). Date of Preapplication Conference: Unknown NAME OF SUBDIVISION : Villages of Indian Lakes -Phase IX SPECIFIED LOCATION OF PROPOSED SUBDIVISION (Lot & Block): Southeast of intersection between Indian Lakes Drive and Arapaho Ridge Drive , formerly Phase 1, Lots 1, 2A, 2B, 3, & 4 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name: Travis Martinek Street Address: 3608 East 29th Street, Suite 100 State : Texas Z ip Code : 77802 Phone Number: (979) 846-4384 PROPERTY OWNER'S INFORMATION : Name: Smiling Mallard Development, LLC Street Address : 3608 East 29th Street, Suite 100 State : Texas Z ip Code : 77802 Phone Number: (979) 846-4384 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: Bryan E-Mail Address: travis@clarkewyndham .com Fax Number: (979) 846-1461 C ity: Bryan E-Ma il Address : travis@clarkewyndham .com Fax Number: (979) 846-1461 City : College Station E-Mail Address : mikem@mcclurebrowne .com Fax Number: (979) 693 -2554 l of l Is there a temporary blanket e z Acreage -Total Property: 14 . 78 nent on this property? No Total# Of Lots : 44 R-0-W Acreage : 1.64 (Private) Existing Use : Single-Family Residential Number Of Lots By Zoning District: NIA Proposed Use: Single-Family Residential Average Acreage Of Each Residential Lot By Zoning District: NIA Floodplain Acreage: NIA A statement addressing any differences between the Final Plat and approved Master Plan and/or Preliminary Plat (if applicable): NIA Requested Variances To Subdivision Regulations & Reason For Same : NIA Requested Oversize Participation : The Developer will be requesting oversize participation for an offsite sanitary sewer line extension . Plans for this are currently under negotiation with College Station Utilities and Development Services. An official submittal will follow . Total Linear Footage of Proposed Public: Streets Sidewalks Sanitary Sewer Lines Water Lines Channels Storm Sewers Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE: ___ # 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. Travis Martinek Date Design & Construction Manager 6/13/03 2 of2 CITY OF COLLEGE STATION Planning & Development Services SUBllllT APPLIC ATION AND THIS LRS T CHECKED OFF WITH 13 F OLDED COPIES OF PL AT FOR REVIEW 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.) [8] 1. Drawn on 24 " x 36" sheet to scale of 100' per inch or larger. [8] 2. Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale re quire d but include north arrow . 3. Title Block with the following information : [8] Name and address of subdivider, recorded owner, planner, engineer and surveyor. [8] Proposed name of subdivision . (Subdivision name & street na m es will b e approved through Brazos County 911 .) (Rep lats need to retain original subdi vision name.) [8] Date of preparation. [8] Engineer's scale in feet. [8] Total area intended to be developed . [8] 4. North Arrow . [8] 5. Subdivision boundary indicated by heavy lines. [8] 6. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet pe r inch or larger. [8] 7. All applicable certifications based on the type of final plat. [8] Ownership and Dedication [8] Surveyor and/or Engineer [8] City Engineer (and City Planner, if a minor plat) [8] Planning and Zoning Commission (d elete if min or plat) [8] Brazos County Clerk [8] Brazos County Commissioners Co urt Approval (ET J Plats only) [8] 8. Paid tax certificates. [8] 9. If submitting a replat where there are existing improvements, submi t a survey of the subject property showing the improvements to ensure that no encroachments w m be cre ated . [8] 10. If using private septic systems, add a general note on the plat that no private sewage fa cility may be installed on any lot in this subdivision without the issuance of a lice n se by th e Brazos County Health Unit under the provisions of the private facility regula ti ons adopte d by the Com mi ssioner 's Court of Brazos County, pursuant to the pro visions of Section 21.004 of th e Texa s Water Code. [8] 11 . Location of the 100 Year Floodplain and floodway , if applicable , according to the mo st recent available data. [8] 12. Lot corner markers and survey monuments (by symbol) and clearly tied to basic s urvey data. [8] 13. Matches the approved preliminary plat and/or master development plan. 6/13/03 3 of 3 rg) 14. The location a escription with accurate dimensions, .. ~ar i ngs 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 rg) rg) Streets. Continuous or end in a cul-de-sac , stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. Public and private R.O .W. locations and widths . (All existing and proposed R.O .W.'s sufficient to meet Thoroughfare Plan.) Street offsets and/or intersection angles meet ordinance . Alleys. Easements. A number or letter to identify each lot or site and each block. Greenbelt area/park linkages/parkland dedication ( All proposed dedications must be reviewed by the Parks and Recreation Board prior to P & Z Commission consideration .) 15 . Construction documents for all public infrastructure drawn on 24 " x 36 " sheets and properly sealed by a Licensed Texas Professional Engineer that include the following : rg) 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). rg) 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 .) rg) Water line plan showing fire hydrants, valves , etc . with plan and profile lines showing depth and grades . One sheet must show the overall water layout of the subdivision . (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas .) rg) 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. rg) Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. rg) Drainage Report . rg) Erosion Control Plan (must be included in construction plans). 16 . All off-site easements necessary for infrastructure construct ion must be shown on the final plat with a volume and page listed to indicate where t he separate instrument easements were filed . Separate instrument easements must be filed prior or concurrently with Final Plat. [gJ 17 . Are there impact fees associated with this development? D Yes rg) No Impact fees for R-1, R-2 , & R-3 zoned final plats, must be paid prior to filing . [gJ 18 . W ill any construction occur in TexDOT rights-of-way? D Yes [gJ 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 subm itted in digital form if available prior to 6/13/03 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 CITY O F COLLEG E S TAT IO N Planning & D evelopment S ervices 1101 Texas Avenue , P.O . Box 9960 College Station , Texas 77842 Phone 979 .764.3570 / Fax 979 .764.3496 MEMORANDUM December 27 , 2005 / TO: Travis Martinek, Clarke & Wyndham, via fax: 979 .846.4161 FROM : Jennifer Prochazka, Senior Planner SUBJECT: VILLAGES OF INDIAN LAKES PH IX (FP) -Final Plat Staff received the above-mentioned final plat. The following page is a list of staff comments detailing items that need to be addressed prior to the review of this replat. Once all comments have been addressed , your project will be placed on the next available Planning and Zoning Commission meeting . If you have any questions or need additional information, please call me or Carol Cotter at 979.764 .3570. Attachments : Staff review comments cc : McClure & Browne , Inc., via fax : 979 .693 .2554 / Case file #05-00500232 NOTE: Any changes made to the plans , that have not been requested by the City of College Station , must be expla ined 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 . ·' January 12, 2006 CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979 .764 .3570 / Fax 979 .764 .3496 MEMORANDUM TO : Travis Martinek, via fax 846.1461 FROM : Bridgette George, Development Coordinator SUBJECT: Villages of Indian Lakes Final Plat -Engineering Comments Staff reviewed the construction documents for the above-mentioned final plat. The following page is a list of staff comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review and approval. __ One (1) set of construction documents . If you have any questions or need additional information, please call me or Carol Cotter at 979 .764.3570 . CC: McClure & Browne Engineering/Surveying, Inc ., via fax 693 .2554 Case file #05-00500232 Home of Texas A&M University STAFF REVIEW COMMENTS NO. 1 Project: VILLAGES OF INDIAN LAKES PH IX (FP) -05-00500232 PLANNING 1. The Preliminary Plat has not been approved; therefore , the Final Plat cannot be reviewed for compliance . 2. A Resolution for the City to provide wastewater collection I treatment outside of the City Limits is scheduled for the January 12 , 2006 City Council regular meeting . The plat can not be considered complete as submitted until the Resolution is approved . 3. It is my understanding that you are currently working with College Station Utilit ies on issues related to sanitary sewer service . The plat can not be considered complete as submitted until these issues are resolved . 4 . The construction documents and reports are still under review and may affect the plat. Reviewed by : Jennifer Prochazka & Carol Cotter 2005 ELECTRICAL 1. ETJ Reviewed by: Sam Weida 05 Date : December 21, Date : 12-21- 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 , ENGINEERING 1. Both the lift station and force main are considered part of this project and approval of both are required for the Final Plat. 2. Submit sanitary sewer report. 3. Submit wa ter design/fire flow report . 4 . FYI -If the proposed street had been public, you would not have been allowed to put utilities under the pavement. However, since it is private I cannot require that the water and sewer lines be located out from under the pavement , but I did want you to consider that the placement of these lines and possibility of associated leaks from these lines under the street will decrease the life of the street. And being that this is street owned and ma intained by the home owners , this should be cons idered because they will have to bear the cost of repairs. 5. As previously d iscussed , OP will have to be approved by Council before construction can begin on the off-site force/gravity main . 6. Are the PUE 's that do not have volume and page numbers proposed? If so , these will be required prior to construction plan approval , as well as the assignment of rights for the existing easements. 7 . Gravity san itary sewer mains with less than 6' cover are required to be ductile iron. 8. Ind icate TCEQ requ irements for sewer lines crossing existing water lines . 9. Additional comments may arise from review of sewer and water reports. 10 . CSU is reviewing the force main plans , the specified lift station equipment , and needs the WW design report to comment fully . Reviewed by : Carol Cotter Date : January 12 , 2006 Home of Te x as A&M Unive rsity C ITY O F COLLEGE S TATI ON PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 I Fax 979.764.3496 MEMORANDUM February 10 , 2006 TO : Travis Martinek, via fax 846 .1461 FROM : Bridgette George, Development Coordinator SUBJECT: Villages of Indian Lakes Final Plat -Engineering Comments Staff reviewed the construction documents for the above-mentioned final plat. The following page is a list of staff comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review and approval. __ One (1) set of construction documents. If you have any questions or need additional information , please call me or Carol Cotter at 979 .764.3570. CC : McClure & Browne Engineering/Surveying , Inc ., via fax 693.2554 Case file #05-00500232 ENGINEERING COMMENTS NO. 1 Project: INDIAN LAKES PH 9 (FP) -05-00500232 ENGINEERING 1. Your interpretation is incorrect. Gravity sewer mains with less than 6 feet of cover are required to be ductile iron . Cement stabilized sand backfill is also required if the cover is less than 3.5 feet. 2 . As a reminder, construction plans cannot be approved until required easements have been dedicated . 3. The lift station is still under rev iew by CSU . Spencer will be contact ing you to set up a meet ing with you and your Engineer to discuss those and the comments listed below . Reviewed by : Carol Cotter Date : February 2 , 2006 Regarding OP request: 4. Most of the drainage area shown on Exhibit A to the west of the proposed line , areas 2 and 4, will not be served by this line . The ravine on the adjacent propert ies that parallels the proposed line prohibits connectivity except by way of aerial crossing. This area will be served by the main trunkline in Nantucket. Drainage Area 1 can connect as shown. 5 . The 10-in line should be reduced to an 8-in line. 6 . The 8-in line should be reduced to a 6-in line . 7 . The pipe section between MH 1.5 and MH 1.6 will not meet the 0.8% minimum slope for 6-in pipe . This will need to be adjusted . It appears all other sections meet minimum pipe slope . Reviewed by : Spencer Thompson Date : February 8, 2006 CITY OF COLLEGE S TATION Pl.anning & Development Services 1101 Texas Avenue, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 /Fax 979.764 .3496 MEMORANDUM March 22, 2006 TO : Travis Martinek, via fax 846 .1 461 FROM : Bridgette George , Development Coordinator SUBJECT: ~ngineering Documents Staff reviewed the above-mentioned engineering documents as requested. The following page is a list of staff review comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review and approval of the plans: __ One (1) sets of revised construction documents . If you have any questions or need additional information, please call Carol Cotter at 979 .764 .3570 . Attachments: Staff review comments cc : McClure & Browne Engineering/Surveying , Inc ., via fax 693 .2554 Case file #05-232 , ENGINEERING ENGINEERING COMMENTS NO. 1 Project: PZPDES -PROJ Comments for on-site utilities only, off-site and lift station still under review. 1. A minimum 2" blowoft is required on a 3" line. 2 . Stationing of water service 15 (Sheet 11) appears to be incorrect. Reviewed by: Carol Cotter Date: March 20, 2006 STAFF REPORT Proj ect Manager: Jennifer Prochazka , Planner Report Date: February 17 , 2006 Ema il: jpro chazka@ cstx.gov Meeting Date: March 2, 2006 Project Number: 05-00500~-se \ ~ Item: Publ ic · resentat ion, possible action and d iscussion on a replat of Ind ian Lake Phase IV i to Indian Lakes Phase IX , consisting of 44 lots on 14.78 acres , gener ed southeast of the intersection of Indian Lakes Dr ive and Arapaho Ridge Drive . Applicant: Travis Martinek , agent for Smiling Mallard Developmen t, Ltd., property owner Staff Recommendations: Staff recommends approval of the Final Plat as submitted. Item Summary: This item is for consideration of a Final Plat for a new section of the Indian Lakes development that will provide smaller single-fam ily lots in a gated community. Several var iance requests were approved in August 2005 to allow such a development to occur. The following table summarizes the variances granted for this property in August 2005: Subdivision Requirement Variance Regulations Granted Section 13-B Streets ROW width of 70 feet ROW width of 28 10-foot shoulders feet no shoulders 13-C Lot Width 100 feet 34 .05 feet to 98.48 feet 12-J.2 .1 Utility Layout 20-ft. utility easement at front or 10 feet at front of lot rear of lot or 10 feet at rear when and 10 feet at lots abut each other (unabutting) rear of lot It is also necessary for the applicant to request variances from the County Subdivision Regulations and receive plat approval from the County Commissioner's Court. The County Commissioner's Court will be considering var iances to the front and side lot utility easement widths , setbacks, and maximum dwelling units per acre and lot size . Minimum lot sizes are recommended in the County for the construction of septic systems . Since the developer has proposed to t ie into the City's sanitary sewer system , indiv idual lots will not need septic systems. STAFF REPORT Project Manager: Jennifer Prochazka , Planner Email: jpro chaz ka@ cstx .g ov Report Date: February 17 , 2006 Meeting Date: March 2 , 2006 Project Number: 05-00500232 Item: Public Hearing , presentation , possible action and discussion on a replat of Indian Lakes Phase IV into Indian Lakes Phase IX , consisting of 44 lots on 14 .78 acres , generally located southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive. Applicant: Travis Martinek , agent for Smiling Mallard Development , Ltd., property owner Staff Recommendations: Staff recommends approval of the Final Plat as submitted. Item Summary: This item is for consideration of a Final Plat for a new section of the Indian Lakes development that will provide smaller single-family lots in a gated community . Several variance requests were approved in August 2005 to allow such a development to occur. The following table summarizes the variances granted for this property in August 2005: Subdivision Requirement Variance Regulations Granted Section 13-B Streets ROW width of 70 feet ROW width of 28 10-foot shoulders feet no shoulders 13-C Lot Width 100 feet 34 .05 feet to 98.48 feet 12-J.2.1 Utility Layout 20-ft . utility easement at front or 10 feet at front of lot rear of lot or 10 feet at rear when and 10 feet at lots abut each other (unabutting) rear of lot It is also necessary for the applicant to request variances from the County Subdivision Regulations and receive plat approval from the County Commissioner's Court . The County Commissioner's Court will be considering variances to the front and side lot utility easement widths , setbacks , and maximum dwelling units per acre and lot size. Minimum lot sizes are recommended in the County for the construction of septic systems. Since the developer has proposed to tie into the City's sanitary sewer system , individual lots will not need septic systems . Comprehensive Plan Considerations: The Land Use Plan shows most of the land in the ET J to be developed at a rural density (very low density residential development with agricultural and support uses). The City does not control land use in the county , but does share platting authority . Item Background: This area was formerly part of Indian Lakes Phase 4 (vacated June 22, 2005). The City and the developer agree that the increase in density from the rest of the Indian Lakes development warrants this proposal to be a new project. A Preliminary Plat for this property, proposing 42 lots and an on -site sewer treatment plant , was approved in August. A new Preliminary Plat was approved by the Commission on February 2 , 2006 because the applicant proposed connecting to the City sanitary sewer system. Because of the removal of the on-site private wastewater treatment plant, two additional lots were included in the most recent Preliminary Plat. Commission Action Options Regarding the Final Plat: The Commission has final authority over the Final Plat. The options regarding the Final Plat are: • Approval • Denial Infrastructure and Facilities • Water required for plat: This phase is not considered to be vested and therefore must meet all fire flow requirements in accordance with the Bryan/College Station Design Guidelines and Specifications . The domestic water is proposed to be served off the same line as fire flow and is to be served by Wellborn SUD . • Sewer required for plat: The developer proposes tying into the City sanitary sewer system . This requires that this property be brought into the City's sewer CCN or a special exception be granted by the City Council , and easements be obtained prior to the Final Plat. • Streets required for plat: The streets are proposed to be privately maintained by the HOA , 24-feet in width , inverted crown for centerline drainage with no curb and gutters. The private street system is proposed to tie into Indian Lakes Drive , a major collector on the City's Thoroughfare Plan. Supporting Materials: 1. Small Area Map (SAM) and Aerial Map 2 . Application 3 . Copy of Final Plat (provided in packet) TO: RE: FAX: FROM: DATE: RE: CITY OF COLLEGE STATION Plann ing & Developmen t Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 TRAVIS MARTINEK INDIAN LAKES 979-846-1461 Lisa Lindgren, Staff Assistant February 27, 2006 Agenda & Staff Re port P&Z Meeting, March 2, 2006 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project . Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the March 2, 2006, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers ., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764-3570 if you should have any questions . Thanks . . f ~ t '." ,...;. ·~'\_; '·:· .. ... .... ~ . ' "' ., ,; ;·· -,; .. , J'•' ., .. ' \ .'. /~ .. ~ ; . t.• •\ '· · .. ; .. •: .. , ... · \~'.~:;,~r ~: .. :.- . ~ ,; . ~ J 'r. , ·~ r' ' . .. 1 _: ! u •' l ·; ~,.,i ' . • ... l •A' . " . ' ~;\ : r ; t ' . ..... J . . ' .: .\' •• • t ; • ,,. ~ ·.t·· · .. . , . . ; 'J' / ' ... ,. •. JI :, ' ' 'I'.-r ;. • \ .t~· i ... , ·;j·,1:· .'-' ~.1 ; ' ~ • l f .; J ~ ' •• " . ·':-- . 1· .~ ~.t " '!· .. : ' ·" ' : \1 '1 . ;;. , " i . ; . ~ . . ' :t , ! ~ . ' ~ ..... . . ' ·' ~ ~ ·;' . ' ~ .t ·' • . .. · -~· , ·~ • I . ..i•· : .i . ,_. ,, '; . ' r; , .. . . ' •• f J. TO: RE: FAX: FROM: DATE: RE: CITY OF COLLEGE S TATION Planning & De11elopm mt Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 SMILING MALLARD DEVELOPMENT, LLC INDIAN LAKES 979-846-1461 Lisa Lindgren, Staff Assistant February 27, 2006 Agenda & Staff Report P&Z Meeting, March 2, 2006 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project . Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants . Therefore, it is in the applicant 's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal . This item is scheduled for the March 2, 2006, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers ., 1101 Texas A venue. I have included a copy of the agenda for this meeting . Please contact our office at (979) 764-3570 if you should have any questions . Thanks. •' ' .. ,. I,, ; $ - ; 'J ~' ', ;, : .-.. . f I j ~ .. ·.-' '• .. -·· z ' , ' "' ·. ~. l . . ·' ..... .. ,.._. ..... ~:.'.:-:.1 >.\~1 ,,. .1,., ·" ~ ., ., ., .. I ' I l {;.· 't ,. ' '•,· i ' " .·, " , ·i ·:· ) •' ' ., , 1,' '. ~ '·. I, t .t ' i ; ,, ... . , ... "" . " ~ . f ; " " " ~ !. t < , ' ,, r1_.l-' ' ~!> • • '; i ' I ~·: , TO: RE: FAX: FROM: DATE : RE: CITY OF COLLEGE STATION Plann ing & Develop ment Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 MCCLURE & BROWNE , INC . INDIAN LAKES 979-693-2554 Lisa Lindgren, Staff Assistant February 27, 2006 Agenda & Staff Report P&Z Meeting, March 2, 2006 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants . Therefore, it is in the applicant 's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal . This item is scheduled for the March 2, 2006, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers ., 1101 Texas Avenue. I have included a copy of the agenda for this meeting . Please contact our office at (979) 764-3570 if you should have any questions . Thanks . ... ., . : ( .• . . . 'y' • ,r ' ' ·. H. . ,f.:' ... ·. ~ ! . ', J • , ,.' ~. \., r ! ' ·:· .. . . , ' . :' . " . ~. " " .· •' . I, ~:t :1 ' ' I '·' ,~ __ .. '. . ' f:) ! .. '· ,. J, l '"'·'t . (J " i ;, f :~) ! .1 i\,"'• ' .. . ... .. ,: t 1 •' • '· t • • rt~ ' ,, ' ' ·1: .. ' \ '• ' . ~,; .. ,, I ,. .. , ' I:• t\• • 6 ·_ .. ~ ., . . ·-¥ •;, . ; . ; ; " ':i.; i;.,1 .< ,,.t, v ' I .. ~ I. I ., . ... ~ ~ ' ' .,; . f . ·, . .. '· ,. .1 • ·' ' ,, (I •· . ·,( '\r: .1: '•' !"ii .. , . ' CITY OF COLLEGE STATION P'4nning & Droelopmmt Services MINUTE ... Regular Meeting Planning and Zoning Commission Thursday, March 2, 2006, at 7:00 p.m. Council Chambers, College Station City Hall 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman Scott Shafer, Commissioners Dennis Christiansen, Bill Davis, John Nichols, and Ken Reynolds. COMMISSIONERS ABSENT: Commissioners Marsha Sanford and Harold Strong. CITY COUNCIL MEMBERS PRESENT: None. PLANNING & DEVELOPMENT SERVICES STAFF PRESENT: Staff Planners Lindsay Boyer, Crissy Hartl, and Jennifer Reeves, Senior Planners Jennifer Prochazka and Trey Fletcher, Senior Assistant City Engineer Alan Gibbs, Graduate Civil Engineer Carol Cotter, Transportation Planner Ken Fogle, Director Joey Dunn, Assistant Director Lance Simms, Development Coordinator Bridgette George and Staff Assistants Jessica Kramer and Deborah Grace. OTHER CITY STAFF PRESENT: Assistant City Attorney Carla Robinson and Action Ce nter Representative Brian Cook. 1. Call meeting to order. Chairman Shafer called the meeting to order at 7 :02 p.m. 2. Hear visitors. No visitors spoke at this time. 3. Consent Agenda None Regular Agenda. 4. Consideration, discussion and possible action on request(s) for absence from meetings. P&Z Minutes Regular Agenda March 2, 2006 Page 1 of 9 John Nichols....., March 2, 2006, Workshop Meeting Marsha Sanford ....., March 2, 2006, Workshop & Regular Meeting Marsha Sanford ....., March 3, 2006, Planning and Development Services Department Forum Commissioner Davis motioned to approve the absence requests. Commissioner Christiansen seconded the motion, motion passed (5-0). 5. Presentation, possible action, and discussion on a Master Plan for Aggieland Business Park consisting of 117.48 acres located at 5942 Raymond Stotzer Parkway (FM 60) at the northwest corner of FM 60 and Jones Road in the City's extra-territorial jurisdiction (ETJ). Case #06-500020 (TF) ....., AMENDED Trey Fletcher, Senior Planner, presented the Master Plan. He stated that the item can be approved, denied or approved with conditions that are ministerial in context. Mr. Fletcher stated that no phone calls were received regarding the item. Commissioner Christiansen motioned to approve the Master Plan. Commissioner Nichols seconded the motion, motion passed (5-0). 6. Public hearing, presentation, possible action and discussion on a replat of Indian Lakes Phase I into Indian Lakes Phase IX, consisting of 44 lots on 14 .78 acres, generally located southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive. Case #05-500232 OP) ....., AMENDED Jennifer Prochazka, Senior Planner, presented the replat of Indian Lakes Phase IV. Ms . Prochazka stated that the variances granted in August 2005 will allow for this type of development in the ETJ. The variances included decreased right-of-way widths, decreased lot widths, and utility easements. She stated that with these variances granted the plat is in compliance with the subdivision regulations and with the preliminary plat that was approved last month. Ms . Prochazka recommended approval of the replat as presented and stated that there have been several phone calls received in opposition to the replat. Commissioner Nichols motioned to approve the replat. Commissioner Christiansen seconded the motion, motion passed (5-0). 7. Public hearing, presentation, possible action, and discussion on a rezoning for Lot 1, Block A of the Haney-Highway 6 Subdivision, 1.2 acres, from C-3 Light Commercial to C-1 General Commercial located at 3129 Texas Avenue South in the general vicinity of the intersection of Texas Avenue, Deacon Drive and the Highway 6 frontage road. Case #06-500021 OP) Jennifer Prochazka, Senior Planner, presented the rezoning and recommended denial of the request. Ms . Prochazka stated that the current C-3 zoning on the property was more appropriate for the specific property. She reviewed the P&Z Minutes Regular Agenda March 2, 2006 Page 2 of 9 differences between C-1 and C-3 zoning uses, stating that she felt the C-1, General Commercial, allows several uses that may not be appropriate in that location because of the size of the property, the traffic issues and the adjacency to Mile Drive. Matt Willis, 104 Mile Drive, College Station, Texas. Mr. Willis spoke in opposition to any of the uses in C-1. Mr. Willis spoke specifically to the rental of vehicles which have been addressed with the property owners in the middle . Charles Taylor, 1602 Panther Lane, College Station, Texas. Mr. Taylor spoke in favor of rezoning the property to C-1. Commissioner Nichols motioned to deny the rezoning request. Commissioner Davis seconded the motion, motion passed (5-0). 8. Public hearing, presentation, possible action, and discussion on an ordinance to amend the Unified Development Ordinance, Section 7.4, Signs. (LB) This item was pulled from the agenda. 9. Public hearing, presentation, possible action, and discussion on an ordinance amendment to the Unified Development Ordinance regarding Northgate zoning districts. OD) Joey Dunn, Director, gave a presentation on the item summarizing the zoning boundaries of Northgate. He stated that NG-1 was the historic Northgate, NG-2 was the commercial Northgate or the transitional Northgate, and NG-3 is the higher-density residential portion of Northgate. Mr. Dunn spoke in reference to the public input process stating that in the first part of 2005, there were a series of public hearings held in Northgate at Traditions Dorm. The Design Review Board also met at that time to look at a list of standards. In February 2005, it was reviewed by the Parks and recreation Advisory Board and in August 2005, it was reviewed with the City Council. In November 2005, it was merged into the UDO annual update in order to try and adopt it by January 1, 2006, but that did not occur. Mr. Dunn stated that the draft that the Commissioners had in their packets was unveiled and available for public access seven months ago. Mr. Dunn reviewed the proposed changes for the Ordinance Amendment for Northgate. Some of the changes included information from the TIP Strategies, Inc., report. Other changes reviewed were as follows: •!• Site plan approval process •!• Additional use standards •!• Standards for historic properties •!• Building design standards •!• Parking standards •!• Larger sidewalks P&Z Minutes Regular Agenda March 2, 2006 Page 3 of 9 •!• Urban streetscape •!• More signage options •!• Regulate outside storage and display •!• Waiver process Larry Haskins, 1700 George Bush Drive, College Station, Texas . Mr. Haskins who was representing, Culpepper Family Limited Partnership, stated that prior to the proceedings to the Planning and Zoning Commission there had only been one public meeting after the presentation of the Northgate draft. He stated that in Molly Hitchcock's presentation to the Commission about four weeks ago, there was a statement made that there had been an absence of development in the area. Mr. Haskins stated that that was not correct and that the area was fully developed but there had been an absence of redevelopment in the area; with the exception of the property known as the Mud Lot, half of it has yet to be developed and the City is considering that as the placement for their conference center. Mr. Haskins stated that redevelopment is a very difficult task and that it is much more complicated than development. He also stated that the City has made extraordinary investments within Northgate. Mr. Haskins stated that all of those investments to date have been confined to the NG-1 sub-district; none have been made in the NG-2 sub-district. He stated that NG-1 and NG-2 are distinct districts that serve different purposes, they have different backgrounds, and the lot sizes are very different. He also stated that most people like to park in site of their destination. He stated that the ordinance does offer an objective approach to regulation that is much more preferable to a subjective approach. Mr. Haskins stated that the problem was that when the City states that they have the pressure relief valve as being the Design Review Board, there is also another actual pressure relief valve in theory and that is that something can be rezoned as a redevelopment district. He stated that the problem with both of those concepts was that the project had to be totally designed, both horizontally and vertically to make a presentation before the Board. Mr. Haskins stated that if you are talking about a large development, that you are talking about large dollars that someone is being asked to risk, and if the board makes a suggestive finding against you then it is all for none. Mr. Haskins stated that is not an easy decision to make, but that he would much prefer if there were things that could be done to make the Ordinance a little better. Mr. Haskins spoke in reference to changes that he would recommend for the Northgate Ordinance Amendment. His recommendations were as follows: •!• Do not impose more stringent redevelopment standards on Northgate than those applicable to the rest of the City. Delete the changes to S ection 9.3 (Page 9-1)/rom the proposed Amendment. P&Z Minutes Regular Agenda March 2, 2006 Page 4 of 9 •!• Do not exclude potentially desirable occupancies within NG-2 by limiting the allowable ground floor area of a single retail establishment to less than 25,000 square feet. In Se ction 5.6.B.2.e.2 (Pag e 5-2), increase the maximum allowable gross floor area on the ground floor to 4 5, 000 square feet. •!• Do not exclude potentially desirable occupancies within NG-2 by prohibiting single-tenant buildings . Delete Se ction 5.6B.2.e.3 (P age 5-2) from the Amendment. •!• Under the Amendment, building transparency required clear glass; glass block and other semi-transparent materials do not fulfill the requirement. Do not discourage bank, theater, drug store or night club uses by imposing an excessive transparency requirement. Modijj S ectz.on 5.6.B.4.b.1 (Page 54) fry redudng the primary en trance farade percentage of transparenry requirement from 50% to 35% and the other farade percentage of transparenry requirement from 30% to 20%. •!• Do not hamper efficient land use b y prohibiting parking within 200 feet of Church Avenue and University Drive. Allow parking rows perpendicula.r to Church Avenue and University Drive fry modijjing Se ction 5.6.B.6.a (Page 5-7to allow indimdual parking expanses of not more than seventy-five feet (including drive- wqy) in length parallel to Church Avenue or University Drive . •!• Do not attempt to force economically unfeasible development b y requiring a minimum of two-story buildings for all new construction within Northgate. In pla.ce of the minimum 20 story requirement in Section 5.1 (5.7?) (Page 5-16), require a minimum wail height of twenty feet. •!• Until there is a reason to expect some need for South College pedestrian orientation, do not impede redevelopment flexibility b y requiring a maximum building set b ack from South College. Delete the maximum building set-back requirement app licable to South College from S ectz'on 5. 1 (5. 7 ?) (Page 5-16). •!• Do not curtail the use of drive -through windows with NG-2. Sp edfy drive-in/ thru window as a p ermitte d use, as opposed to being subject to Spe dfic Use Standards, use in Sectz'on 6.2 (Page 6-1) Us e Table. Alternative!J, delete the ''whol!J underneath a habitable structure" requirement from S ection 6.3.E (Pag e 6- 3). •!• Clearly specify when buildings h ave "Frontage" on a particular street. Applicable to Section 5.6.B.2.e.1 (prohibited ground floor usage), 5.6.B.4.a (building orientation), and Section 6.2 (se t backs). Spedfy that a building has frontage on a street if th e building is located within 150 feet of the street, and there is not present!J, or being developed in conjunctz'on with the subject building, another building between the subject building and the respective street. Jay Don Watson, 609 Bob White, Bryan, Texas. Mr. Watson stated that he represented Citibank Texas. He stated that his client owned the property at P&Z Minutes Regular Agenda March 2, 2006 Page 5 of 9 711 University Drive, College Station, Texas. Mr. Watson stated that he agreed with most of the things that Mr. Haskins stated previously. He stated that Citibank was concerned about the following items. •!• Single-tenant buildings are a concern of Citibank Texas. If there are alterations made to the building where the 25% is exceeded, then Citibank will have to find a tenant to share the building that is totally occupied now. •!• The transparency issue is a concern, the glass and the security concerns that would arise from this. •!• The property of Citibank fronts both on Church and University Streets; therefore there will probably not be enough room for any parking. •!• Drive-through facilities are also a concern. Mr. Watson stated that his client feels that if drive-in facilities are taken away then a convenience will be taken away from the citizens and that this will create an issue on the parking. He stated that the drive-in facility would help the parking issue. •!• He stated that he felt the 25% improvement/ changes to a building site would restrain anyone from making any major additions to the buildings and as a result the buildings would not be repaired. Mr. Watson stated that he would like to see that raised to 50%. •!• Mr. Watson stated that the only other item he was concerned about was when a building had frontage on University Drive and South College Avenue, the primary facade shall be oriented to one of the right-of-ways at the developer's discretion . He stated that he thinks that this is in section 5.1 and they would like to add Church Street to this portion. Mr. Dunn stated that was in section 5.4. "If a building has frontage on University Drive and South College Avenue". Mr. Dunn stated that Mr. Watson wanted to add Church Avenue to this section. Commissioner Nichols asked that staff respond to the concerns brought before the Commission by Mr. Haskins and Mr. Watson. Mr. Dunn stated that in his presentation, Mr. Haskins mentioned that the project had to be totally designed both horizontally and vertically before approval is given. Mr. Dunn stated that staff felt that if standards were met, it would make the process a little easier. He stated that staff felt that there was fle xibility in terms of timing. He stated that ultimately this would call for elevations, as is the case throughout the City with regards to non-residential architectural standards . Mr. Dunn stated that he would be glad to take a look at the square footage issue of 25,000 vs. 45,000 in terms of minimum square footage. The recommendation regarding the prohibition of single-tenant buildings; this came directly from input at the A ugust 2005 public meeting and staff agreed. He stated that staff did feel that P&Z Minutes Regular Agenda March 2, 2006 Page 6 of 9 it was an issue about mixed use and what was actually encouraged and how to encourage mixed use in the district. ·commissioner Shafer asked what the grandfather possibility was on that issue . Commissioner Shafer asked if that was a problem as long as Citibank was the owner and operator of that building. Mr. Dunn replied that it was not a problem, but the issue would be the percentage of redevelopment and tear down/ rebuild is 25%. He stated that he did not believe that general maintenance was affected. Mr. Dunn also addressed the comment regarding drive-through capabilities stating that there are several drive-throughs , approximately four or five that exist, just in the NG-2 area. He stated that grandfathering would allow for them to remain and to be maintained, but the question was what would trigger them not having the drive-throughs anymore. Commissioner Davis asked how many single-tenants are in NG-1 and NG-2. Mr. Dunn stated that he did not know but staff could find that information and get back to the Commission. Mr. Dunn responded to the recommendation regarding the two-story requirement. He stated that staff was going back to the intent to get greater bulk and that the Design Review Board can waive the two-story requirement. He stated that staff was looking for greater density in the area. Mr. Dunn then commented regarding recommendation number seven, stating that the setback is 100 feet, it is the greatest setback allowed in the Northgate area. He stated that going greater than 100 feet may allow for redevelopment for some existing structures that may be 200 or 300 feet from the roadway, it does not prohibit that from remaining that way and then there is a possibility of ending up with suburban type parking. He stated that staff felt that this would allow one row of 100 feet parking. Mr. Dunn commented on the recommendations regarding drive-throughs, stating that staff did go from prohibiting it all together to allowing it under a building and again, the existing drive-throughs would be grandfathered. Mr. Dunn asked if the Commission wanted staff to respond to Mr. Haskins report then that would be done and brought back to Commission. Commissioner Shafer asked if this was slated for the end of March to go to City Council. Mr. Dunn stated that was correct, that it was a quick turn around process. Commissioner Nichols asked how the 25 % was calculated from the existing building. Mr. Dunn stated that the total square footage of the building could be two floors, not just occupied space. He stated that the heated square footage is used. Commissioner Nichols stated that he would like to see that relaxed a little bit and depend on the Design Review Board to deal with some of these issues that may occasionally come up. Regarding the 45,000 vs. the 25,000; he feels that the intent is that it is already bigger than it is in NG-3, that is a 250 by 100 square foot floor. Mr. Nichols stated that it isn't as though P&Z Minutes Regular Agenda March 2, 2006 Page 7 of 9 there are not good properties in the City of College Station that would be attractive for a Whole Foods or somebody that wanted a bigger dimension and an easily accessible area where lots and citizens could get in and out of. He stated that he understood that would be prohibited in the NG-1, NG-2, and NG-3; but that it does not prohibit it from being in the City of College Station. He also stated that if the City was attractive enough to a potential business that they would be able to find other places that would be more feasible for them to locate to anyway. Mr. Nichols stated that if yo u would go back to the vision of the council, which is what is driving this, he feels that the amendments are very much true to that. Mr. Nichols stated that maybe we should relax the 25 % to 50% maybe that would help. Commissioner Shafer spoke in reference to the issue of transparency. He stated that it seems like that there were options that could maintain pedestrian interest without being completely transparent into the building. He asked if the transparency meant looking completely into the interior of the building. Lance Simms, Assistant Director, stated that could be addressed by show windows of sort and there were ways around it without it being totally transparent to the building. Commissioner Christiansen stated that his thoughts were that the City does have a Unified Development Ordinance in place that is functioning and he does not see the urgent need to try and rush something through the processes that doesn't have to get rushed through the process. He stated that is seemed like the time should be taken to put these things together. Commissioner Christiansen stated that he thought Mr. Haskins had suggested that there should be some kind of a group that would consist of staff, P&Z Commissioners, Council, and property owners to go over these things and come up with a cleaned up document and recommendations then come back with something that the P&Z Commission could act upon. He stated that he did not see how we could move forward with this now. Commissioner Nichols asked if in Northgate, if the non-residential architectural standards do not exist, so there is not a Unified Development Ordinance in that area because they were exempt with the idea that the Northgate Ordinance Amendments would be coming forward. Mr. Dunn stated that Commissioner Nichols was correct. Commissioner Re ynolds stated that this area has received quite a bit of attention and there has been a great deal of work that has gone into the Northgate Ordinance Amendments as part of it. Mr. Re ynolds stated that comments were heard that express sentiment that there may be obstacles that will be established b y doing this that could impede the development that is wanted in that area. He stated that he is not for establishing another body to review this but that he did feel that it was prudent that one last look be taken at this and examine all the angles to make sure that problems are not being P&Z Minutes Regular Agenda March 2, 2006 Page 8 of 9 created by doing this. Commissioner Reynolds stated that he did agree the majority of things probably are minor, but that there are a few that may be a little more critical when more time is spe nt lo oking at them. Commissioner Nichols motioned to recommend to the City Council the adoption of the amendment of the Unified Development Ordinance regarding Northgate zoning districts with one change to Section 9.3.a.2. this refers to the percentage of the building that changes would trigger the whole building to coming into compliance. He stated that the redevelopment issue should be changed from 25 % to 50 %. Commissioner Davis seconded the motion, motion passed (3-2). Commissioners Nichols, Davis and Shafer were in favor; Commissioners Christiansen and Reynolds were opposed. 10. Adjourn. Commissioner Christiansen motioned to adjourn. Reynolds seconded the motion, motion passed (5-0). Approved: Scott Shafer, Chairman Planning and Zoning Commission Attest: Planning and D evelopment Services P&Z Minutes Regular Agenda March 2, 2006 Commissioner Page 9 of 9 N i 0 vr DEVELOPMENT REVIEW 11 D INDIAN LAKES PH 9 II Case: 05-232 FINALiij PLAT DEVELOPMENT REVIEW INDIAN LAKES PH 9 05-232 Case: NOTICE OF PUBLIC HEARING The College Station Planning and Zoning Commission will hold a publ ic hearing to consider a Residential Re- plat for a portion of Indian Lakes Phase I into Indian Lakes Phase IX , including 44 lots on 15 .37 acres gener- ally located to the southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive . The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 7:00 p.m .• meeting of the Commission on Thursday, March 2, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979.764.3547 or (TDD) 1.800 .735 .2989 . For additional information , please contact me at 979 .764 .3570. JENNIFER PROCHAZKA PROJECT MANAGER 2-14-06 02 /09 /2006 13:27 FAX 9797740053 NOTICE OF PUBLIC HEARING U The College Station Planning and Zoning Commission will hold a public hearing to consider a Residential Re- plat for a portion of Indian Lakes Phase I into Indian Lakes Phase IX , including 44 lots on 15 .37 acres gener- ally located to the southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive . The hearing will be held in th e Council Chambers of the Co llege Station City Hall , 1101 Texas Av enue at the 7:00 p .m. meeting of the Commission on Thursday , March 2, 2006. Any request for sign interpre tiv e serv ices for th e hearing impaired must be made 48 hours before th e meeting. To make arrangements call 979 .764 .3547 or (TDD ) 1.800.735 .2989. For additional info r ma t ion, please con t act me at 979.764 .3570. JENN IFER PROCHAZKA PROJECT MANAGER 2-14-06 THE EAL;Lh ' .. --L.--~ \ ~~~ () __ \ \· \ (.,,._,.,, l < · .. _ I .. J e ( -\ , ·1 r .,_ LEGAL NOTICE DATE TO BE PUBLISHED: TUESDAY, FEBRUARY 14, 2006 BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard # 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: ONLY The College Station Planning and Zoning Commission will hold a public hearing to consider a Residential Replat for a portion of Indian Lakes Phase I into Indian Lakes Phase IX, including 44 lots on 15.37 acres generally located to the southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 2, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979. 764.3570. JENNIFER PROCHAZKA PROJECT MANAGER BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 ONLY College Station, TX 77842 \ Mastercard# 5478-9924-8206-5075 1,, llr,.f,,, Expires 01/08 f> Vl.l' . \.):L'~-; ------------------------------------------------------~------1~~--:-~----------------- NOTICE OF PUBLIC HEARING: 0-~crv'\ \.JV The College Station Planning and ~ing Commission will hold a public hearing to consider a Residential Replat to f r~1dian Lakes Phase IX, including 44 lots on 15.37 acr~generally located to the southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 2, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. JENNIFER PROCHAZKA PROJECT MANAGER t11!0d / J ' -- l_y '• ·"" { .. ..... :,.·· , '.t- I t •• ,· .. ' _,-.·: ;.. .. ~~· :.'.;. 1•· .. '· . ~ • ,. ,y- . " .-..}. ;. .... . ~. it · .• • :·, ~. • r ~ •, .J, ~ .. ~ I '.' l. •'"· .. tf · . '" :~ ' • . -r ,. . ~"· -W.(· · .. 'I ...... _, .. ,,: i \'1· •. ,,·,. \'•"'..r '"\ .... .. . ~ . ' ·~ \r ... ... .· t ,· 1·: .. .... ~. . ':.· '\ . ... I: NOTICE OF PUBLIC HEARINd'"J The College Station Planning and Zoning Commission will hold a public hearing to cons ider a Residential Re- plat for Indian Lakes Pha se IX , including 44 lots on 15 .37 acres generally located to the southeast of the in - tersection of Indian Lakes Dr ive and Arapaho Ridge Drive . The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Av enue at the 7 :00 p.m. meetin g of the Commission on Thursday, February 2, 2006 . Any request for sign inte rpret ive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979 .764 .3547 or (TDD) 1.800.735 .2989 For additional information , p lease contact me at 979 . 764.3570 . JENNIFER PROCHAZKA PROJECT MANAGER 1-19-06 'Bili EAliLE 141001 /002 I , L---· \ ~S C\ CITY O F COLLEGE S TATION Pla 11ning & Develop ment Services 1101 Texas Avenue , PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 January 18, 2006 TO WHOM IT MAY CONCERN: Re: Consideration of a FINAL PLAT-RESIDENTIAL request for ARRINGTON RD. NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a FINAL PLAT - RESIDENTIAL request for the following property: Applicant: Project Number: Subject Property: Proposed Use: TRAVIS MARTINEK 05-00500232 The Planning and Zoning Commission will hold a public hearing on Thursday, February 2, 2006, at 7:00 p.m. to consider the request. The City Council will also hold a public hearing ~er the request and the Commission's recommendation on Thursda~t 7:00 p.m. The public hearings will be held in the City Hall Council Chambers located at 1101 Texas Avenue, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979 .764.3547 or (TDD) 1.800.735.2989. For additional information, contact the Planning & Development Service 979. 764.3570. JENNIFER PROCHAZKA PROJECT MANAGER ... ~· ... · . . .. ·1 .. •r .. I ' .. '. f \'t ; ~ . W• I\ (' I ' '•, " ;, '· . \ . . .. , i J. !' •l..;'· 1,•. 1 · ..... . ·;. .. ; ,'i . ' .. '>·./· I ''·· ·' .. '· .... -'. : p " '• ; ,, .. I I -·· . .. '. I, t. \,. " .. ~ " ..i.: " .. ' . •J .. !i .., fl -· 1 f ... "' ,. .,. ·. ! .. '( ... " ; 'I•' , .. " .; . I . l r· ·' ... 1';. • 'I .. . .. . .... ;',·,I ·~ "'; . ·: .. ,. _,. "(• ..i ~. ' '"\ , ) ' I . ),, '• ; ,.J '.-~ _. . ' i ., ,· .. ... ,, ' )f t. ic' '" ' ,. .. •'. ,. • ·. i ,., .. ~ .. .:•I' ·~:-1 "'~ ·"''"'·-... ' ~ "1.'' · .. • ,) ·' . .~ 'J ., ' ~r_ LEGAL NOTICE DATE TO BE PUBLISHED : THURSDAY, JANUARY 19 , 2006 BILL TO : Lisa Lindgren City of College Station P.O. Box 9960 College Stat ion , TX 77842 Mastercard# 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: E·MAILED ll 11 l~ £_,\..... ONLY The College Station Planning and Zoning Commission will hold a public hearing to consider a Residential Replat for Indian Lakes Phase IX, including 44 lots on 15.37 acres generally located to the southeast of the intersection of Indian Lakes Drive and Arapaho Ridge Drive . The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7 :00 p.m . meeting of the Commission on Thursday , February 2 , 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735 .2989. For additional information, please contact me at 979.764 .3570. JENNIFER PROCHAZKA PROJECT MANAGER " . . , i '"•'I.' '' ., .. !~] , ... , .. ' .. .. . . . ··~ t '.· ' ~ • •, , ~-,· i{ 1 ~ ~ •' . ; - , ... '' t· .. , '.I'' •• -··_11,., h .. ) • • ... ! ~-. ~.11 ·' ' ~ ... ,, .~' ~ .! ! , ..... I .. I .. ' ., '~ '. - '· ,' I ·• ~ . ' ' ., •· ' '• ; ·' ~ .. ;t .. '.._~ . . ... ,l .. f: .· . ·\-: 1: .. ' "1, 1•. ., ~-."• . ' '. t 1', ,. ... ;.... .. · •. ., . . : .. ~ .. ' ,•. _; .. LEGAL NOTICE DATE TO BE PUBLISHED: THURSDAY, JANUARY 19, 2006 BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard# 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: ONLY The College Station Planning and Zoning Commission will hold a public hearin , 44 Jo ts ~5 to consider a t=JN~L PLAT RESIDE ~IAf 1 fes4RBJNGTOO=fU). t-':~~~~» .-L 17i'!7/. _ ~$I c:A.w h cd ~led-PV-l Ml CUI La.t ~ r h.A 5<-\X ) l l{..tl\L(.,{ I 0 ~ The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, February 2, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979.764.3547 or (TDD) 1.800 .735.2989. For additional information, please contact me at 979.764 .3570. JENNIFER PRO>CC~H~AZ~KA~-----======--=~ PROJECT MANA ··~ .... ,/I .. .. ~ ..... ' I . , .. . .. , ' ' ) . '..:: . '. ·, l '\ . ~ ·1 ; I : ~ ) _. .. ;· \.,,' .... 1 •• •. ') ·"·· ., ... ,\ .. .. .: ! l ' ' " ... ; ' '• ! . :i .. ., . '' .c.·r ... ' •I . ·• ,·· .... ' :· ... , ' ~ I ,., ~ ,. I .· " ,..,,_ }..., 1·: ' .. .' ' : l(' l .i .• .. .• " '· ., ·-~,, -I " ~ i l ,. :~ ~:·, •, f; ~ ~ " J ~ ·'. .. .. . , ' •.. . .. . • . !. .. ' . ' ' ;(' " . ' .. :J .I, '' -' I ; ; ~ l .. ~ . :-<,_ .. ·.• t: .. "t. . ;;, \;... '. ,..·, RECORDED JUNE 18, 2003 VOLUME 5375, PAGE 33 OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS DECLARATION OF COVENANTS , CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES ARTICLE 1 DEC L ARATION OF COVENANTS , CONDITIONS , RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES TABLE OF CONTENTS 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 Are as " ...................................................................................................... Page 2 1 .08 "Con s ervation Areas and/or Easements, Corridors & Park s " ................................... Page 2 1 .09 "Culvert Design Guidelines" ..................................................................................... Page 2 1.1 O "Declaration " ............................................................................................................. Page 2 1 . 11 "Development P erio d " .............................................................................................. Page 3 1. 12 "Dwelling Unit" .......................................................................................................... Page 3 1 .13 "Easements " ............................................................................................................. Page 3 1 .14 "Fencing Guideli n e s " ................................................................................................ Page 3 1. 15 "Fiscal Year" ............................................................................................................. Page 3 1. 16 "Improvemen t " .......................................................................................................... Page 3 1.17 "L ake" ....................................................................................................................... Page 3 1. 18 "Lake Lot" ................................................................................................................. Page 3 1 .19 "Lot" .......................................................................................................................... Page 3 1 .20 "Member" .................................................................................................................. Page 3 1 .2 1 "Owner" .................................................................................................................... Page 3 1 .2 2 "Plat" ......................................................................................................................... Page 4 1 .23 "Property" ................................................................................................................. Page 4 1 .24 "SMD" ..........................................................................................•............................ Page 4 1.2 5 "Special Assessment" .............................................................................................. Page 4 1 .26 "Stream Map a nd Ide ntification Table " ..................................................................... Page 4 1 .27 "Structure " ................................................................................................................ Page 4 1 .28 "Subdivision " ............................................................................................................. Page 4 1.29 "Supplemental Declaration " ...................................................................................... Page 4 1.30 "Telecommunication Guidelines " .............................................................................. Page 4 1 .31 "Trails " ...................................................................................................................... Page 5 1 .32 "Waterway " ............................................................................................................... Page 5 1.33 "Wi ring Guideli ne s " ................................................................................................... Page 5 ARTICLE 2 ARCHITECTURAL CONTROL COMMITTEE ...................................................................... Page 5 2 .01 Membersh ip o f Architectural Control Committee ..................................................... Page 5 2 .02 Action of Architectural Control Comm ittee ............................................................... Page 5 2 .03 Adv isory Members .................................................................................................... Page 5 Declaration of Covenants , Conditions, Reservations and Restrictions of Villages of Indian Lakes -ii- 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 Submiss ion and Approval Process ................................ Page 8 2.10 Actions of the ACC ................................................................................................... Page 9 2 . 11 No Waiver of Future Approvals ................................................................................ Page 9 2 . 12 Work in Progress ..................................................................................................... Page 9 2 .13 Nonl iability of ACC Members ................................................................................... Page 9 2 .14 Certificate of Compliance ....................................................................................... Page 10 2 .15 Variances ............................................................................................................... Page 10 2 .16 Governmental Agency Approval ............................................................................. Page 10 2 .17 Relationship with Association ................................................................................. Page 10 2 .18 V iolation of Article 2 ................................................................................................ Page 10 2 .19 Remedy .................................................................................................................. Page 10 ART I CLE 3 INDIAN LAKES HOMEOWNERS ASSOCIATION(S) ........................................................ Page 11 3 .01 Organization ........................................................................................................... Page 11 3 .02 Members hip ............................................................................................................ Page 11 3 .03 Voting Rights .......................................................................................................... Page 12 3 .04 Powers and Authority of the Assoc i ation ................................................................ Page 12 3.05 Board of D irectors .................................................................................................. Page 13 3 .06 Maintenance ........................................................................................................... Page 13 3.07 Common Areas ...................................................................................................... Page 13 3 .08 Association Powers ................................................................................................ Page 14 3 .09 Agreements w ith City of College S t at ion/Brazos County ........................................ Page 15 3 .10 Telecommun i cation 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 Restr ictions ............................................................................................... Page 19 4 .03 Restrictions for Waterways and Lakes ................................................................... Page 21 4 .04 Restrictions Relating to Conserva ti on Development .............................................. Page 22 ART I CLE 5 WATER SERVICE; NO PRIVATE WELLS ......................................................................... Page 24 ARTICLE 6 RIGHTS OF 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- 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 Ma i ntenance .................................................................................. Page 28 8 .03 Surface Areas ......................................................................................................... Page 28 8 .04 Drainage Easements .............................................................................................. Page 28 8 .05 Blanket Easemen t .................................................................................................. 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 Applicability ............................................................................................................. 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 t he 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 th is 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. Rec iprocity. 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- 4 STATE OF TEXAS § COUNTY OF BRAZOS § DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS oftheVillagesoflndian Lakes, is made effective as of the 18th day of June, 2003, by Smiling Mallard Development, Ltd, a Texas limited partnership (hereinafter sometimes referred to as "SMD"): WHEREAS , SM Dis the owner of all that certain tract of land in Brazos County, Texas, which 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 improvement and maintenance 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 within such Subdivision by imposing upon and against all the designated lots therein the covenants, reservations, restrictions, and other provisions hereinafter set forth; NOW THEREFORE, the following restrictions, including withou t limitation restrictions, covenants , declaration, easements, limitations, charges, agreements, and conditions (hereafter collectively called the "Restrictio ns"), 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 regard to any of the Property shall be conclusively deemed to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions , 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, road, alley, lane , avenue or thoroughfare. 1.03 "Architectural Guidelines " shall mean those particular standards, restrictions, guidelines, recommendations and specifications promulgated by the ACC applicable 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 Guidelines . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 1 1.04 "Assessment" shall mean and refer to the assessments levied by t he Board pursuant to Article 7 . 1.05 "Association" shall mean the non-profit association formed by SMD pursuant to Article 3 of this Declaration wh ich has the powe r, 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 qua lity of life and conserving 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 within the Property which are known, described or designated as common areas, parks, conservation areas, recreational easements, floodway easement areas , lakes, ponds, dams, perimet er fences and columns, off-site monuments and directional signs, landscape easement , greenbelts , open spaces, paths and trails, and the like including without limitation those shown on any recorded subdivision plat of portions of the Property as well as those not shown on a recorded sub di vision plat but which are intended for or devoted to the common use and enjoyment of the Members of t he Association, together with any and all improvements that are now or that may hereafter be const ructed thereon . The concept of Common Areas will also include : (a) any and all publ ic 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 for and maintain , such as but not limited to : street medians , streetscape , trails , park areas and quasi-governmental service facilities; and (b) any and all facilities provided by the SMD and/or the Association to or for the benefit of the local police , fire and sim ilargovernm ental departments for which no reimbursement via public funds is requested or anticipated . SMD may convey record title or easements to some or all of the Common Areas to the Association if, as and when deemed appropriate bySMD or as may be required by governmental officials, and SMD shall at all times have and retai n the right to effect m in or redesigns or m i nor reconfigurations of the Common Areas (particularly along the edges) and to execu t e any open space declarations applicable to the Common Areas which may be permitted i n order to r educe property taxes , and to take whatever steps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or in come taxes . 1.08 "Conservation Areas and/or Easements , Corridors & Parks "hereinafter "CAC&P" shall mean and refer to those portions of the Common Areas , which by plat or other recorded instrument are restricted for use solely for conservation and passive 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 activities within or rights to access the CAC&P 's . SMD and the Association make no guarantees or warranties of any 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 supplements hereto recorded in the Official Records of Brazos County, Texas . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 2 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'") 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 res idence 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 •1 until changed by the Board . 1.16 "Improvement" shall mean any physical change to raw land or to an existing structure wh ich alters the physical appearance, characteristics or properties of the land or structure , including but not limited to add in g or removing square footage area space to or from a structure, pa in ting or repaint ing a structure , or in any way altering the size , shape or physical appearance of any land or structure . 1.17 "L ake" 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 up/at " shall mean t he plat of the Property to be recor ded in the Official Records Brazos County, Texas , or any other plat re c o rded in the Official Records of Brazos County, Texas of all or any portion of the Property. 1 .23 "Property" shall mean the rea I prope rt y described on Exh ibit "A " and any othe r real property made subject to this Declaration after the date hereof in accordance with Section 9 .08 . 1 .24 "SMD" shall mean and refer to Smiling Mallard Development, Ltd . and any successor(s) and assign(s) of Smiling Mallard Deve lopment, Ltd ., with respect to the voluntary disposition of all (or substantially all) of the assets and/or ownersh ip interests of Sm i l ing Mallard Development, Ltd ., and/o r the voluntary disposition of all (or substantially all ) of the right , title and interest of Smiling Mallard Development , Ltd . in and to the Property. However, no person or entity merely purchasing one or more Lots from Sm il ing Mallard Development, Ltd . i n the ordinary course of business shall be considered a successor or ass ign of SMD for purposes of th is 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 mod ified by the ACC from time to time to identify the Waterways existing on the Property. 1.27 "Structure " shall mean and refer to : (a) a ny thing or devic e, other than trees , shrubbery and landscaping (the placement of which upon any Lot shall not adversely affect the appearance of such Lot) i n cluding but not limited to any building , ga r age , outbuilding, porch , shed , greenhouse or bathhouse , cabana , coop or cage , cove red or uncovered patio , swimming pool , p l ay appara tus , clothesline , fence , curbing, paving , wall or hedge more than two feet in height, signboard or other temporary or permanent liv ing quarters or any temporary or permanent Improvement to any Lot ; (b) any excavation , fill, ditch, d iversion dam or other thing o r device which affects or alters the flow of any wa ters in any Waterway, wash or drainage channel from , upon or across any Lot ; (c) any enclosure or receptacle for the concealment, collection and/or disposit ion of refuse ; and (d) any change in the grade of any Lot of more than six (6) inches from that ex i sting at the time of initial construction approval by the ACC . 1 .28 "Subdivision" shall mean the Indian L akes Subdivision (sometimes also referred to the "Villages of Ind i an Lakes "), to be developed on the Property pursuant to the plat(s) recorded in the Official Records of Brazos County, Texas , or such other subd ivision(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 , conditions and restrictions wh ich is imposed on a portion of the property within the jurisdiction of the Assoc iation and which is administered by and may be enforced by the Association . 1 .30 "Telecommun i cation 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" shall 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 , without 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 Guidelines"shall 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) vot ing 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 maintain 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 Architectural Control Committee. Items presented to the ACC shall be decided by a majority vote of the Voting Members . 2 .03 Advisory Members. The Voting Members may from time to time designate Advisory Members . 2 .04 Term . Each Voting Member of the ACC shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed as provided herein . 2 .05 SM D's Rights of Appointment. During the Development 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, SM D may delegate its right 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 appoint and remove Voting Members of the ACC, or any portion or this right, a majority of the Voting Members so appointed shall be drawn from Members of the Association . Advisory Members shall, when reasonably possible , be drawn from Members of the Association . 2 .06 ACC Jurisdiction . No Structure, fence or Improvement 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 distance 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 applicable; Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 5 2.06 .03 conformity and 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 views and visual corridors to and from the Common Areas and Trails; and 2 .06 .06 the other standards set forth w ithin this Declaration (and any amendments hereto), guidelines and bulletins issued by the ACC. or matters in which the ACC has been vested w ith the authority to render a final interpretation an d decision . The ACC is authorized a nd empowered to consider 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 chang es 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 prel i minary plans and specifications to the ACC in accordance w ith Section 2 .09 .01 ; (b ) Submit final plans and specifications to the ACC in accordance with Section 2 .09.02; and (c) Submit copy of building permit to the ACC . The ACC may require as a condition precedent to any approval of th e final plans and specifications , that the applicant obtain and produce an appropriate building permit from the City of College Station , Texas and any other perm its required by a governmental unit having jurisdiction over the proposed project . The ACC is also authorized to coordinate w ith the City of College Station in connection with the applicant's observance and compl iance of the construction standards set forth i n this Declaration . However, the mere fact that the City of College Station issues a bu ilding perm it with respect to a proposed structure does not automatically mean that the ACC is obliged to unconditionally approve the plans and specifications . Sim ilarly, the ACC 's approval of any plans and specifications does not mean that all applicable building requ irements of the City of College Station have been satisfied . Each and every Own er and applicant shall use their respective best efforts to commence construction of all improvements approved by the ACC and the City of College Station, Texas (and any and all other applicable governm en ta I agencies ) within sixty (60) days after obtaining all necessary governmental approvals therefor and t hereafter diligently pursue the project through to complet ion . 2 .07 Adoption of Arch it ectural Guidelines and Rules by the ACC . 2 .07 .01 The ACC may from time to time publish and promulgate arch itectural 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 herein 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 ,AND CONSTRUCTION ON ,ANYLOTWITHINTHE SUBDIVISION . The ACC shall have the right, power and authority to establish an d prescribe architectural standards bulletins and guidelines pertaining to such items and topics as (but not necessari ly limited to): Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 6 (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) Dimens i onal floor plan of all enclosed spaces and any garages or parking facilities . (h) Mailbox location and design . (i) Drainage impacts and solutions. 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 information 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 Improvements on a Lot , building 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 and until the ACC has approved in writing such Plans and Specifications in accordance with Section 2 .09 . TheACC shall have the express authority to perform fact- finding functions hereunder and shall have the power to construe and interpret any covenant here in 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 sha II 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 Plans and Specifications be deemed an en do rs em ent, from the stand point of structural safety, engineering soundness, or conformance with building or other codes not of its authorship . 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 approval 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 minary 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 Preliminary 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 prescrib e 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 review and discuss the preliminary plan submiss ion . (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 (i i) Elevation 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 approval 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 des ignated 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 ) l f found not to be in compl i ance w ith th is 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 th is Declaration . (d ) If the ACC fa i ls to approve or disapprove the Fina l Plan Subm ission with in t h irty (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 pre s umed . (e ) The decis ion of the ACC shall be final and binding so long as it is made in good fa ith . A Lot Owner may request the ACC to reconsider a decision ; however, a Lot Owne r may only request reconsideration of ACC decis ions more than two (2) ti mes i n any twelve (12) month per iod . 2 .9.3 Delivery Address. Submissions to the ACC shall be made in care of Paul J . Clarke , Sm iling Mallard Development , Ltd., 3608 E . 29th Street, Suite 100 , Bryan , Texas 77802 , or in care of such othe r person at such other address as may be designated by th e ACC from t ime to time . 2 .1 O Actions of the ACC . The ACC may, by resolution unanimous ly adopted i n wr iting , des ignate one or two of its Voting Members or an agent acting on its behalf to take any action or perform any duties for and o n behalf of the ACC . In the absence of such designation , the vote of a major ity of all of t he Voting Members of the ACC taken w ithout 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 wa iver of any right to withhold approval or consent as to any other plans and specifications , or other matter whatever, subsequently or additionally subm itted for approval or consent by the same or a different person . 2 .12 Work in Progress . The ACC may, at its option, inspect all work in progress to i nsure compl iance with approved Plans and Specifications . 2 .13 Nonliability of ACC Members . Neither the ACC nor any member thereof shall be liable to the Assoc iation 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 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 Owne r 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 t he improvements comply with the approved Plans and Specifications and that said Plans and Specificat ions are on file with t he 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, structural integrity, wo r kmanship 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 locat ions 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 approva ls , certificates and/or permits as may be required by law in connection with the construction of any Improvement on any Lot. 2 .17 Relationsh ip with Association . The ACC has been created pursuant to this Declaration to perform certa in functions specified herein relating to the rev iew and approval of Plans and Specifications for Improvements bu ilt 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 t he Texas Non-Profit Corporation Act. 2 .18 V iolation 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 . The 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, ReseNations and Restrictions of Villages of Indian Lakes Page 10 (b) notify the ACC of the commencement of the cu r ative action being taken w ith in 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 ext i 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 equ ity . (c) The cost of any curative action taken by the Association or the ACC shall be : (i) a binding , personal obligat ion of the Owner of the Lot upon which the violation ex ists ; (ii) payable on demand ; and (i ii ) secured by the lien granted in Article 7 be low, on the terms and conditions set forth therein . The generality of this Artic le 2 shall not be i n 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 prov ided for. ARTICLE 3 INDIAN LAKES HOMEOWNERS ASSOCIATION(S) 1 .01 Organization . SM D has caused or w ill cause the formation and incorporation ofone o r more Assoc i a tions , each as a nonprofit corporation created for the purposes , charged with the du t ies , and vested with the powers prescribed by law or set forth in its Articles and Bylaws and in this Declaration . Ne it he r th e Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with th is Declaration . It is contemplated t hat there will be one or more addit ional phases to the Subd iv i sion . When t hat occurs , SMD may adopt th is Declaration o f Covenants , Conditions , Reserva ti ons and Restrictions by refe rence but may make modifications or additions to it. In such event, the lot owne rs in said new phase may be made members of the same Assoc i ation created for the Subdivision and therefore subject to all provisions and benefits set forth here in; prov ided , however , any modifications or add itions by the new phase will take precedence as to t hat 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 ti mes rema i n, a Member of the Association in good stand ing. During t he Development Period , the Assoc iation shall have two (2 ) classes of Members : Class A and Class B . The Class A Members shall be all Owners (other than SMD during 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 portion 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 levied , 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 un der a comm on scheme or plan of development w ith the Subdivision , SM D 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 within the Property. 3.03 Voting Rights . 3 .03 .01 During the Development Period, the two (2) classes of Members will have the following voti ng 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 Dec larati on . 3 .03.02 Afterthe Development Period, there shall be one class of voting Members as follows : The Owner of each Lot shall be entitled to one (1) vote per Lot. In the event SMD owns unplatted land subject to this Declaration , SMD shall have 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 majority of the Members entitled to vote, represented in person or by proxy, shall constitute a quorum at all meet ings of the Members for the 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 the vote of a different numbe r is required by the Articles of Incorporation or Bylaws of the Association or this Declaration . 3 .03 .04 The Association may suspend the voting rights 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 any provision of this Declaration . 3.04 Powers and Authority of the Association . The Association shall have the powers of a Texas nonprofit corporation, subject only t o any limitat ions upon the exercise of such power as a re 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 on behalf of the Association, shall have the following powers and authority at all times : 3 .04 .01 Rules an d 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 of its functions . 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 anytime 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 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 t ime . 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 initially managed by an entity specializing 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 comm unity 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 Development Period, the Board shall consist of at least three (3) i nd ividual Directors elected by the Members . During the Development Period , the Directors need not be Members of the Association . After the 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 Per iod, any vacancy which occurs in the board , by reason of death, resignation, removal , or otherwise , may be filled at any meeting of the board by the affirmative vote of a majority of the remaining Directors . Any Director elected to fill a vacancy shall serve as such until the expiration of the term of the Director whose pos ition he or she was elected to fill. 3 .06 Maintenance . The Association shall be authorized to landscape, maintain and repair Easements, rights-of-way, sidewalks , paths , Trails , drainage facilities , 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 any improvements of any kind or purpose located in said areas ; and to accept, own , operate and maintain all other property, real and personal, conveyed or leased Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 13 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 Associati on , to the ext ent that such taxes and assessments are not levied d irectly upon individual Members of the Assoc iation . The Association shall have all r ights granted by law to contes t the legality and the amount of such ta x es 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 in any other form or manne r deemed appropriate by the borrower, whether SMD or the Association . T he 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 construct ed , together with such underlying and su r rounding lands as t he borrower deems appropri ate. The debt secured by such mortgage or other security i nstrument may be reti red from and secured by the revenues gener ated by dues , use fees , assessment of Members , or o therwise , or any c ombinatio n t he r eof, as may be deemed appropriate by SMD or the A ssociation , as the case may be , but subj ect to the li mitations imposed by this Declarat ion . 3 .08 Association Powers. In addition to , and not in limitation of, the power and authority of the Association a s set forth in Secti on 3 .04 of this Declara ti on , the Association , acting through the Board , shall have the power and authority: 3 .08 .01 To grant and convey portions of Association property, including fee t itle , leasehold estates , easements , rights-of -way, and/or mortga ges , to any person or ent it y for the purpose of constructing , erecting , operati ng or maintain ing th e following. (a) Parks , p a rkways er oth e r recreational facilities or s tructures ; (b) Roads , s treets , walk s, driveways , trails and paths ; (c) Lines , cables , wires , condu its , pipelines or other means of providing utilities ; (d) Sewers , water systems , storm water drainage systems , sprinkler systems and pipelines ; and/or (e) Any s im il ar publ ic, quas i-pub lic or private improvements . Noth in g contained in th is 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 prov isions of th is Declaration , or by any statute , rule , regulation , o rd i nance or other law of any government al entity, includ ing but not limited to rules and orders of the Texas Water Development Board , Texas Comm iss ion on Environmental Quality (TCEQ), and any flood plain , industrial waste orotherordinance of the City of College Station , if app licable . 3 .08 .02 To pay for water, sewer, garbage removal, landscaping , gardening and all other utilities, serv ices and maintenance for the property of the Association . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 14 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 Association . 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 Assoc iation . 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 C ountv. 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 municipal maintenance, if applicable . 3 .10 Telecommunication Services. (a} The Association, with the prior approval of the Board , may provide , either directly or by contracting with other parties , various telecommunication services to the Lots and Common Areas within the Subdivision . The Board shall have the sole discretion to determine whether or not such telecommunication services are provided, the types of services to be provided (including, without limitation, wireless broadband service), the manner in which such services will 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 Association shall contract with other parties to provide such facilities 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 forthe 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 residence for the purpose of installing, maintaining, repairing and replacing and making im provements to the RSU . 3 .11 Indemnification . T he 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 threate ned, 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 Proceed ing 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 constructed 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 requirements 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 pipe 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 asphalt; all other portions of the driveways, if unpaved, shall be 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 , windows, 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 ma t erials 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 wood , whole logs and other quality rot res istant natural wood materials are encouraged and may qual ify , at the d iscretion of the ACC , for a variance from the 80 % requirement set forth above . 4 .01 .05 Structures on Lot. Only one single-fam i ly Dwelling Unit and appurtenances thereto such as garages , outbuildings , barns and the like , may be placed or constructed on each Lot. 4 .01 .06 Build i ng 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 li ne not a bu t ting an Access Road ; or (iii) nearer than twenty-fi ve (25) feet to the rear property line not abutting an Access Road . (b) On Lots consisting of more t han four (4 ) acres, no Improvement or Structu re except fences may be located on any Lot: (i) nearer than seven ty -five (75) feet from the front and rear propert y lines of a Lot ; o r (ii) nearer than fifty (50) feet to e it her side property line of a Lot. (c) On Lake Lots , no Improvement or Structure may be located on a Lake Lo t nearer than one hundred (100) feet nearer than the property line abutti ng the La ke . However, in no event will the set back lines des cri bed here in be less than those set by governmenta l requ irements . On all Lots , no fence may be cons t ructed nearer than ten feet (10 ') from a publ ic util ity easement adjacent to an Access Road . 4 .01 .07 Septic Systems . No Dwel li ng Unit shall be buil t w ithout a Sta t e of T exas , Brazos County, or other required governmentally approved septic tank or other sewage disposal system t hat is so approved . 4 .01 .08 Antennas and Commun ication Dev i ces. No exterior antennas , aeri als , satell ite d ishes , or other apparatus for the transmission of television , rad io , satell ite or other signals of any k ind shall be placed , allowed , or maintained upon a Lot , wh ich is visible from any Access Road , Tra il , Common Area or Dwelling Un it on another Lot. The ACC may requ ire as much screening as possible while not substantially interfering with reception . SM D and/or the Assoc iat ion shall have the right, without obligation , to erect or install an aerial , satellite d ish , master antenna , cable system , or other apparatus for the transmiss i on o f television, rad io , satellite or other signals for the benefit of all or a portion of the Property. No satellite dishes shall be permitted wh ich are larger than 1 meter in diameter. No transm itting antenna 's mast may exceed the he ight of the center ridge of the roofline of a bu il ding . No MMDS antenna mast may exceed the height of the center ridge of the roofline of a building . SMD by promu lgating th is section is not attempting to violate the Telecommunications Act of 1996 ("the Act"), as may be amended from t ime to t ime. This Section sha ll Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 17 be interpreted to be as restrictive as possible while not violating the Act. The ACC may alt.er the provisions of this section with provisions set forth in the Telecommunications Guidelines. 1n 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 material of any kind or character shall be placed or sto r ed upon any Lot more than thirty (30) days before construction of a Structure or Im prolfem ents are commen c ed , and then such material shall be placed within the building set back lines as estalblished above . At the complet ion of such Structure or Improvements, such excess or scrap material must be immediately removed from the Lot. 4.01 .1 O Construction Debris . No stumps, trees, underbrush or any refuse of any kind o r 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 resulting 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 six (6) inches shall be made without the approval of the ACC . 4 .01 .12 Mailboxes. Mailbox stanchions must predominantly utilize materials also used predominantly in the construction of the exterior of lmprovem en ts on a Lot or used in the Subdivision entry feature . The design and construction of mailbox stanchion must have the prior written appmval of the ACC . If SMD or the Association supplies a designated postal box within the Subdivision for a Lot, then a ra Owner may be required to utilize the supplied box in lieu of a free standing mailbox on the Access Road in f ront of such Owner's Lot. 4 .01 .13 Utility Lines. No utility lines , including, but not limited to, wires or o ther deviic es for the communication ortransmission of telephone or electric current or power, cable television' or any ot h er type of line or wire shall be erected, placed or mainta i ned anywhere in or upon any portion of a Loli unless ti"m same shall be conta ined in conduit or cables installed and maintained underground or concealed in, unde r or on Improvements as approved in writing by the ACC , except what has already been construct ed by th e City of College Station or Bryan or Brazos County, prior to date hereof; provided, however, that no provisio fll 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 ins t allation method, including but not limited to location , type of installation equipment trenching method and other as p ects of installation for both temporary and permanent utilities , shall be subject to review and approval by the ACC . 4 .01 .14 Tanks . Except as otherwise approved by the ACC, all tanks forthe storage of gas, propane or oil shall be installed below ground level. The ACC shall have the right to approv e 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 otiher Lot, Access Road or Trail. 4.01 .15 Wiring Requirements. The ACC has issued or will issue Wi ri ng Guidelines for the Dwelling Units 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 constru ction 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 Vlereof. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes P age 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, requirements regarding fence types, locations and quality of materials . Prior to designing , ordering or acquiring any fencing mate rials 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 v inyl. 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 , Im prov em ent, foundations, driveways, barns, approved landscape areas , or any other construction requiring soil grad ing activit ies, 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 minimize 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 the 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 ordinary to residential living shall be permitted . To th is end, without limitation , the following structures may not be bu ilt on any Lo t (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 activity 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 activ ity of any kind shall be conducted on any Lot (excluding any portion of the Property owned by SMD). "Commercial act iv ity" 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, without regard to whether such act iv ities 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 iftheACC determines in its sole discretion that the business or activity is detrimental to the Subdivision. 4 .02 .04 Anima l Restrictions . No animals, livestock , or poultry of any k ind 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 animal which is placed on any Lot in violation of this Section, and in so doing , shall not be l iable 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 ' 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 un its 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 th an 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 writ ing of the ACC. SMD or the ACC 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 ofTrash. No part of the Subdivision shall be used o r 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 condition. 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 responsib le for keeping Drainage Easements and Drainage Maintenance Easements free of obstructions and shall not permit fences or other obstructions to be placed in said easements. Owners shall also be responsible for stabilization of slopes in Drainage Easements and Drainage Maintenance Easements. 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 violate 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 perm itted 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 w ith 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 Com man Areas , including without limitation , on any Trails, and excluding any paved areas specifically designed for the parking or driving of automobiles; provided however, the Assoc iat 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 sm a lier lots within twenty (20) yea rs after the date of this Declaration , without the prior written consent of SMD . This provis ion 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 Lot 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 Development Period, the Association is obtained , which approval may be withheld by SMD or the Association , as appl icable, 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 structure 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 Waterway or Lake . Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 21 (c) no boats , hoists, launching facilities or any sim i lar 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 approva l 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 Association 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 tam ily , guests and tenants shall comp ly 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 Eros ion Control. The Owner of each Lake Lot shall be responsib l e for all tern porary 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 pri or 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 AC C 's approval. For each ten percent (10%) of shoreline vegetation cleared by Owner, the ACC may require the Owner to plant , w ith i n 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 Dump i ng. No sewer, drain or other waste water, other t han 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 Wildl ife. No Owner or occupant of a Lake Lot shall release or introduce any wildl ife, 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 driveway 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 of Two 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 foregoing, 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 R iparian 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 Tra ils are designated on the Plat as Private Trails and the Assoc iation may designate from time to time what portions of the Tra ils may be used for pedestrian/nature , equestrian or hybrid use . No vehicles powered by battery, gasoline , diesel, propane or hydrocarbon-fueled engines shall be used on the Trails; provided however, SMD and the Association may use motorized vehicles on such riding trails for the construction , maintenance , inspection and repair of the Trails . No bicycles shall be used on any Trail unless the Association specifically des ignates that bicycles may be used on such Trail. (a) Pedestrian/Nature Trails : No animals, other than domestic pets on leash, may access pedestrian/nature trai ls . No vehicles powered by battery, gasoline, diesel , propane or hydrocarbon-fueled eng ines shall be used on pedestrian/nature trails ; provided however, SMD and the Association may use motorized vehicles on such trails for the construction, maintenance and repair of such trails . (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 trails; provided however, the Association may use motorized vehicles on such trails for the construction, maintenance , inspection and repair of such trails . (c) Hybrid Mixed Use Trails : May be utilized 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 Association 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 4 .04 .04 Conservation Areas, Corridors & Parks. The Subdivision contains m i les of conservation corridors and multip le 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 habitat, aquatic or wildlife management for species indige nous to that area or reg ion of the Property. No Owner, tenant, guest or invitee of an Owner may disturb or harm any plants, trees or an i mals 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 Owne r. No we". pump, shaft, casing or other facilities for the removal of subsurface waters shall be placed or maintained on any Lot, and no boring, drilling, removal 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 standing with the Association shall have a non-exclusive right and easement of en j oyment in and to all Common Areas, and such easement shall be appurtenant to and shall pass with every L ot , provided the conveyance and transfer is accomplished in accordance with this Declaration. All Owners i n good standing with the Association shall have a non-transferable , non-exclusive privilege to use and enjoy a ll Com mo 111 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 right of SMD or the Association to prescribe reasonable regulations and policies governing , and to charge reasonab le expense reimbursements and/or related to, the use, operati'on 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 mon ies borrowed by the SMD to develop and improve the Property or Common Areas o r by the Association to improve or maintain the Common Areas; 6.02.03 The right of the Assoc iation to · enter into and execute contracts with ani y party (incl uding , without limitation, the SMD or its affiliates) for the purpose of providing management, maintenance or such other materials 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 ca ble 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 6.02.06 The righ t of the SM Dor the Association in accordance with the requirements of the Texas Property Code to suspend the voting rights o f any Member and to suspend the right of any Member to use or enjoy any of the Corn rnon Areas for any period during which any assessment (including withou t limitation "fines") against a Lot resided upon by such Mern ber remains unpaid , or during which 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 conditions 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 ord inance or which would result in the cancellation of or the increase of premiums for any insurance carried by the Association, or which would be i n v iolation 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 the right to extend his right of enjoyrn ent to the Corn rnon Areas to the rn embers of his tarn ily and to such other per3ons as may be permitted 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 Corn rnon Areas during such tenancy . Each Mern ber shall be liable to the Assoc i ation for any damage to any portion of the Common Areas caused by the negligence or willful misconduct of the Member or his family , guests and/or tenan ts . 6 .05 Rules of the Board . All Members shall abide by any rules and regulations adopted by the Board . The Board shall have the power to enforce compliance with sa id rules and regula ti ons by all appropr iat e legal and equitable remedies , and a Member determined to have violated said rules and regu lat ions shall be liable to the Assoc iation for all damages and costs , includ ing reasonable attorneys ' fees . 6 .06 Use of Comm on Areas . The Board sha II have the power and authority to prescribe rules and regula ti ons , which extend to and cover matters such as (but not li mited to) the possess ion and consumption of alco ho li c beverages, loud and obnoxious noises and behavior , types of uses allowed on the Trails and CAC&P and the supervision by attending adults of ch ildren . No person or entity (exclud ing SMD) shall use any port ion of the Corn rnon Areas to : 6 .06 .01 solicit, promote or conduct business , rel ig ious , political or propaganda matters ; 6 .06 .02 distribute handbills , newsletters , flyers, circulars or other printed material s, without the prior written consent of the Association (which consent may be w ithheld in its sole and absolute discret ion). 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 may levy and collect special charges and fees for any and a ll extraord inary operation and ma i ntenance of the Common Areas and services that the Board determ ines 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; additional 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 approved 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 directed by the ACC. a valid easement shall then and there exist to permit the encroachment and reasonable and necessary maintenance activ ities related thereto . 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 period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date . Each unpaid Assessment together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligat ion of the Owner of the Lot against wh ich 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 i n accordance with the provisions of this Article. 7 .02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration . The funds of the Association mus t 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 est imate the expenses to be incu r red by the Association during such year in performing its functions under this Declarat ion , including but not limited to the cost of all Common Area, right-of-way, Trails and Lake ma intenance , the cost of enforc i ng 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 level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason , including nonpayment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid . A ll 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 of each month , or in such other manner as the Board may des i gnate in its sole and absolute d iscretion . 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 carry out 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 ifthere 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 collect ion 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 unpaid 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 s igned by an officer of the Association , duly authorized by the Board , and shall be recorded i n 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 Association in like manner as a mortgage secured by a deed of trust on real property , or the Association may institute su it against the owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or notjudicial , the owner shall be required to pay the costs , expenses, and reasonable attorney's fees incurred by the Association. The Associat ion 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 . Sa id 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 Areas 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 '· 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, dedicat e, 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 Lo t 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 facilities 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 which may damage or interfere with the installation and maintenance of uti li ties; or in the case of drainage easements , which may change the direction of flow of water 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 public authority or utility company is responsible . 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 for drainage and water flow, as contours of land and the arr angement 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 Declaration 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 . Collectively, the drainage easements shown on the Plat, if any, and the drainage easements defined in this Declaration 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 comm on 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 • • 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 Ma i ntenance Easement as a result 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 m ixed 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 Assoc iation 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 l ine of a Lot (located at the 260 foot elevation level) for the purpose of maintaining the Lake, mainta i ning 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 s ide of any creek , channel , tributary or other Waterway located on such Lot for the purpose of ma intaining such Waterway, maintain ing 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 provided herein , shall apply to each and every Lot in the Subdiv i sion . 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 violat ion or attempted violation of this Declaration and to recover dam ages for any violation or attempted violation including , but not limited to, reasonable attorney's fees ; provided, however, that this clause shall not restrict any governmental 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 automatically 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 Subdivision 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 assig ned , 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 t hen 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 reservations of SMD contained in this Declaration, then all of such rights, powers , duties and reservations of SMD shall automatically vest in the Associat ion . 9 .05 R u n 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 eve ry covenant, condition , reservation and restriction contained herein, whether or not any reference to th is declaration is contained in the instrument by which such person acquires an interest in the property . 9.06 Deviations. S MD reserves the right to make minor deviations from the terms of this document to the extent permissible by law and consistent with the general plan for development as herein set out. 9 .07 Severability. The invalidity, violation, abandonment, waiver of or failure t o 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 which shall remain in full force and effect. 9 .08 En largement or Reduction of the Property. At anytime and from time to time , SMD shall have the right , without the joinder or consent of the Association or the Owners, to add additional property to the land then comprising 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 Additional 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 Add itional Property so described to the Property, thereby imposing this Declaration, as amended from time to time with such add itional modifications and additions described in such instrument, upon the Additional Property . Upon the filing of such an instrument, that the Additional Property shall become a part of the Property and the collected assessments applicable to all Lots , including 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 conveying 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 owne rship 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 Property to the Property . SMD shall have no obligation to impose this Declarat ion on any other land owned by SMD and nothing contained in th is Declaration shall be deemed t o 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 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 Association 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 which 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 termination 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 respective 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 s ame 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 herein i s intended to be, or shall be construed as, a condition subsequent or as creating a possibil it y 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 ent ity entitled to enforce any provision hereof shall be entitled to relief by way of injunction, specific performance, recovery of damages or any other available 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 \ (b) otherwise incurs legal fees in enforcing 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 this Declaration . No change of conditions or circumstances shall operate to extinguish, terminate, or modify 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 assignment 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 com p etent jurisdiction to have a trustee appointed for the purpose oforganizing a nonprofit membership corporation and assigning the rights of the Association hereunder to said 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 provisions hereof. All references to singular terms shall include the plural where applicable, and all references to the masculine shall include the femin ine 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 properly given when given in writing ; and (a) delivered personally; (b) delivered to a reputable overnight delivery service provid ing a recei pt; or (c) deposited in the United States mail, postage prepaid and registered o r certified , return rece ipt 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 furnishes 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 delivery to such overnight service, or three (3) business days after being deposit ed 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 a mutual , 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 r isks 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 responsibil ities 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 prov isions of th is 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 rece ives , collects or applies as interest any such excess , such amount which would be excessive i nterest shall be cred ited against the pr incipal of the indebtedness and , if the indebtedness has been paid i n full , any remaining excess shall fo rthwith be refunded to the payor thereof and, in such event, the payee shall not be subject to any penalties prov ided by law for contracting for, charging or receiving interest in excess of the highest rate allowed by law . 9.22 Replatting . SMD 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 or standard shall apply . Dated this the 18'h day of June , 2003 . Declaration of Covenants, Conditions, Reservations 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 O F BRAZOS § 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 lien on a portion of the Property, consents to the forego i ng Declaration and the covenan ts , conditions , restrictions and easements contained therein , and lien holder hereby subordinates its lien to the r ights and interests of the Declaration , such that a foreclosure of the lien sha ll not extinguish lhe covenants , condit ions, restrictions 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 ac kn owledged before me on the 18'h day of June, 2003 , by Nora Thompson , Senior V ice P res i dent of The F i rst National Bank of Bryan , on behalf of sa id banking inst ituti on . Notary Public , State of Texas Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 34 .. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes EXHIBIT A (Legal Description) Please see recorded document Page 35 ·, Item# I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 INDIAN LAKES, PHASE 9 Engineer's Opinion of Probable Cost December 16, 2005 Description Unit Quantity p . c aVIng onstructwn Clearing and Grubbing (ROW & Easements only) ACRE 4 Roadway Excavation C.Y. 4,086 Excavation (for lot grading) C.Y. 5,426 6 11 Lime Stabilized Subgrade (7% by weight) S.Y. 8,335 6 11 Reinforced Concrete Pavement w/curb S.Y. 7 ,644 Unit Price 1,000 .00 3.25 3 .25 3.50 30.00 Paving Subtotal D . ramage s ystem c onstructwn 24 11 Corrugated Metal Pipe, Str. Backfill L .F . 84 45 .00 24 11 Corrugated Metal Pipe, Non-Str. Backfill L.F . 26 42 .00 Sloped headwall for 24 11 CMP EACH 2 700 .00 Rock Rip Rap S.Y. 69 50 .00 6' Concrete Flume S.Y. 218 30.00 Hydromulch Seeding ( 10 ft beyond curb) S.Y. 6,828 0.60 Construction Exit EACH 1 2 ,000 .00 Flume Entrance Protection EACH 3 100 .00 Silt Fence ·L.F. 1,140 2.00 Stormwater Pollution Prevention Plan LumoSum 1 2 ,500 .00 Drainage System Subtotal Wt St C t f a er iys em ons rue 100 811 PVC, C900 Cl 100, Water Line, Str. Backfill L.F . 948 22 .00 6 11 PVC, C900 Cl 100 Water Line, Str. Backfill L.F. 913 20.00 Fire Hydrant Assembly EACH 3 2,500 .00 12 11x 8 11 Tapping Sleeve & Valve EACH 1 2 ,800.00 8 11 M.J. Gate Valve EACH 1 750.00 6 11 M.J. Gate Valve EACH 4 600 .00 8 11 x 8 11 M .J. Tee EACH 1 375 .00 811 x 6 11 M .J. Tee EACH 1 350.00 8 11x 13 11 M.J. Anchor Coupling EACH 3 175 .00 6 11 x 13 11 M .J. Anchor Coupling EACH 7 125 .00 8 11 x 22 .5 degree M.J. Bend EACH 1 275 .00 6 11 x 45 degree M .J. Bend EACH 2 200 .00 6"x 22 .5 degree M .J. Bend EACH 2 200.00 6 11 x 11.25 degree M.J. Bend EACH 1 200.00 8 11 x 6 11 M.J. Reducer EACH 2 200 .00 1.5 11 Water Service, :S 20' (avg . length= 17 ft.) EACH 2 600 .00 l.5 11 Water Service,> 20' (avg. length= 44 ft .) EACH 14 1,100 .00 l 11 Water Service, :S 20' (avg. length = 10 ft.) EACH 5 500 .00 l 11 Water Service,> 20' (avg. len!rth = 39 ft .) EACH 5 1,000 .00 Water System Subtotal 1 of2 Total 4,200 13 ,280 17 ,635 29 ,173 229,3 20 $293 607 3,780 1,092 1,400 3,450 6 ,540 4,097 2 ,000 300 2 ,280 2 ,500 $27 ,439 20 ,856 18 ,260 7,500 2 ,800 750 2 ,400 375 350 525 875 275 400 400 200 400 1,200 15 ,400 2 ,500 5,000 $80 ,466 .... \ Item#/ 35 36 37 38 39 40 41 42 43 44 INDIAN LAKES, PHASE 9 Engineer's Opinion of Probable Cost December 16, 2005 Description Unit Quantity Sewer System Construction 6" PVC, D-3034 SDR 26 , Str. Backfill L.F. 1,501 6" PVC, D-3034 SDR 26 , Non-Str. Backfill L.F. 278 6" PVC, D-2241 SDR 26 , Str. Backfill L.F. 90 Standard Manhole, 0-8 .00' ft. deep EACH 6 Standard Manhole, 8.01-10 .00' ft. deep EACH 1 Standard Manhole, 10.01-12 .00' ft. deep EACH 1 Standard Clean-Out EACH 2 4" Sewer Service :S 20' (avg. length = 16 ft.) EACH 12 4" Sewer Service> 20' (avg. length = 50 ft.) EACH 13 Trench Safety (sewer) L.F. 1,869 Unit Price 35 .00 20 .00 37 .00 2,000 .00 2,200 .00 2 ,400 .00 500.00 500 .00 1,000 .00 2.00 Sewer System Subtotal Total Construction Cost 2 of2 Total 52 ,535 5,560 3,330 12,000 2,200 2,400 1,000 6,000 13 ,000 3,738 $101 763 $503,274 ..,_ INDIAN LAKES, PHASE IX • OFF-SITE WASTEWATER IMPROVEMENTS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS ' FOlf GRAVITY LINE AND FORCE MAIN IMPROVEMENTS Revised February 28, 2006 Item Description Estimated Estimated Estimated Total No. Quanti!r Unit Cost Cost 1.00 GRAVITY LINE IMPROVEMENTS 1.01 8" ASTM D3034, SDR 26 PVC Sewer Line (includes 919 LF $17.50 $16,074.80 installation, testin.g, and clean-up) 1.02 8" ASTM 02241, SOR 26 PVC Sewer Line (includes 158 LF $19.50 $3,086.85 installation, testing, and clean-up) 1.03 6" ASTM 03034, SOR 26 PVC Sewer Line (includes 1,929 LF $15.50 $29,892.84 installation, testing, and clean-up) 1.04 5' -8' Trenching and Backfill -Stractaral (includes 140 LF $19.00 $2,660.00 backfill and clean-up) 1.05 5' -8' Trenching and Backfill -Non-Structural 805 LF $10.00 $8,050.00 (includes backfill and clean-up) 1.06 8' - l 0' Trenching and Backfill -Structural (includes 125 LF $24.00 $3,000.00 backfill and clean-up) 1.07 8' -10' Trenching and Backfill -Non-Structural 1,835 LF $15.00 $27,525.00 (includes backfill and clean-up) 1.08 Trench Safety 2,905 LF $1.00 $2,905.00 1.09 4' Standard Manhole (0 -6' ft. deep, includes 9 EA $2,000.00 $18,000.00 installation, testing, and clean-up) 1.10 Additional Depth for manholes 22.4 VF $100.00 $2,240.00 1.11 Drop Structure I EA $750.00 $750.00 1.12 8" Dry Mechanical Bore 100 LF $48.00 $4,800.00 1.13 Gravel Driveway Repair 150 SY $10.00 $1 2500.00 Subtotal Item 1.00: $1201484.49 2.00 FORCE MAIN IMPROVEMENTS 2.01 2-112" ASTM 02241, CL 160 PVC Sewer Force Main 4 ,764 LF $5.00 $23 ,820.00 and associated fittings (includes installation, testing, and clean-up) 2 .02 2-112" ASTM 02241 , CL 160 Restrained Joint PVC 160 LF $7.00 $1 ,120.00 Sewer Force Main, "Certa-Lok" (includes installation, testinst. and clean-up) 2 .03 Grade Controlled Trenching & Backfill (includes 2,425 LF $7.00 $16,975.00 installation, testing and clean-up) 2 .04 Typical Trenching & Backfill (includes installation, 2 ,179 LF $5.00 $10,895.00 testinJ!; and clean-up) 2 .05 6" Dry Mechanical Bore 160 LF $40.00 $6,400.00 2.06 6" Steel Encasement Pipe 160 LF $30.00 $4,800.00 2.07 Structural Backfill 924 LF $10.00 $9,240.00 2.08 AirNacuum Release Valve 3 LF $1,800.00 $5,400.00 2.09 Gravel Driveway Repair 404 SY $10.00 $41040.00 Subtotal Item 2.00: $821690.00 Item No. 3.00 3.01 3 .02 3.03 3.04 3 .05 3 .06 4.00 4 .01 4.02 4.03 4.04 4.05 INDIAN LAKES, PHASE IX OFF-SITE WASTEWATER IMPROVEMENTS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS FOR GRAVITY LINE AND FORCE MAIN IMPROVEMENTS Revised February 28, 2006 Description Estimated Estimated Estimated Total Quantity Unit Cost Cost LIFT STATION IMPROVEMENTS Clearing. grubbing & grading of lift station site. LS $1 ,500.00 $1 ,500.00 Install wet well, coating interior of proposed wet well , LS $12,000.00 $12,000.00 access hatch, etc. as per the Construction Drawings. Install yard piping and associated appurtenances as per LS $2,000.00 $2,000.00 the Construction Drawin~. Install submersible grinder pumps, piping, rails and LS $40,000.00 $40,000.00 associated appurtenances as per the Construction Drawinizs. Install electrical syste~ (includes panel and wiring, LS . $5 ,000.00 $5 ,000.00 etc.) as per the Construction DrawinRS . Install hydro seeding with fiber mulch and silt fencing LS $500.00 $500.00 as per the construction drawinllS . Subtotal Item 3.00: $61 1000.00 MISCELLANEOUS Silt Fenee 180 LF $2.50 $450.00 Hydro Seeding with Fiber Mulch 5,789 SY so.so $2,894.50 Construction Access/Exit Driveway 1 EA $1 ,500.00 $1 ,500.00 Removal and Replacement of Barbed Wire Fence 699 LF $5 .00 $3,492.50 Removal and Replacement of Concrete Riprap 19 SY $30.00 $570.00 Subtotal Item 4.00: $8,907.00 TOT AL CONSTRUCTION COST: $2732081.49 The above construction estimate is based on the engineer's 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 features may become apparent as the work progresses, which will result in an increase or decrease in cost. . Dale Browne, Jr., P.E. McClure & Browne Enginee · g.'Surveying. Inc. Item# I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 l INDIAN LAKES, PHASE 9 Engineer's Opinion of Probable Cost December 16, 2005 Description Unit Quantity p . c avmg f onstruc wn Clearing and Grubbing (ROW & Easements only) ACRE 4 Roadway Excavation C.Y. 4,086 Excavation (for lot grading) C .Y. 5,426 6 11 Lime Stabilized Subgrade (7% by weight) S.Y. 8,33 5 6" Reinforced Concrete Pavement w/curb S.Y. 7.644 Unit Price 1,000 .00 3.25 3 .25 3.50 30.00 Paving Subtotal ramage 1ystem D . s c onstruct1on 24" Corrugated Metal Pipe, Str. Backfill L .F . 84 45.00 24" Corrugated Metal Pipe, Non-Str. Backfill L .F . 26 42.00 Sloped headwall for 24" CMP EACH 2 700.00 Rock Rip Rap S.Y. 69 50 .00 6' Concrete Flume S.Y. 218 30.00 Hydromulch Seeding (10 ft beyond curb) S.Y. 6,828 0.60 Construction Exit EACH 1 2 ,000.00 Flume Entrance Protection EACH 3 100 .00 Silt Fence ·L.F. 1,140 2 .00 Stormwater Pollution Prevention Plan Lump Sum 1 2,500.00 Drainage System Subtotal w s t c t f ater iys em ons rue ion 8" PVC, C900 Cl 100, Water Line, Str. Backfill L.F. 948 22.00 6" PVC, C900 Cl 100 Water Line, Str. Backfill L.F. 913 20.00 Fire Hydrant Assembly EACH 3 2,500.00 12"x 8 11 Tapping Sleeve & Valve EACH I 2,800 .00 8 11 M .J. Gate Valve EACH I 750 .00 6" M.J. Gate Valve EACH 4 600 .00 8"x 8 11 M .J. Tee EACH I 375.00 8"x 6 11 M.J. Tee EACH I 350.00 8"x 13" M.J. Anchor Coupling EACH 3 175.00 6"x 13" MJ. Anchor Couplinl!; EACH 7 125 .00 8"x 22.5 degree M .J. Bend EACH I 275.00 6"x 45 degree M .J. Bend EACH 2 200.00 6"x 22 .5 degree M .J. Bend EACH 2 200 .00 6"x 11.25 degree M.J. Bend EACH I 200.00 8"x 6 11 M.J. Reducer EACH 2 200.00 1.5" Water Service, S 20' (avg. length= 17 ft .) EACH 2 600 .00 1.5'' Water Service,> 20' (avg. length= 44 ft .) EACH 14 1,100 .00 I" Water Service, S 20' (avg. length= 10 ft .) EACH 5 500 .00 I" Water Service,> 20' (avg. lene:th = 39 ft .) EACH 5 1,000.00 Water System Subtotal 1 of2 Total 4,200 13 ,2 80 17 ,635 29,173 229,320 $293.607 3,780 1,092 1,400 3,450 6 ,540 4,097 2,000 300 2,280 2,500 $27,439 20,856 18,260 7,500 2,800 750 2,400 375 350 525 875 275 400 400 200 400 1,200 15 ,400 2 ,500 5,000 $80 466 nem #I 35 36 37 38 39 40 41 42 43 44 INDIAN LAKES, PHASE 9 Engineer's Opinion of Probable Cost December 16, 2005 Description I Unit Quantity s s ewer ivstem c onstrucbon 6" PVC, D-3034 SDR 26, Str. Backfill L.F. 1,501 6" PVC, D-3034 SDR 26, Non-Str. Backfill L.F. 278 6" PVC, D-2241 SDR 26, Str. Backfill L.F. 90 Standard Manhole, 0-8 .00' ft. deep EACH 6 Standard Manhole, 8 .01-10 .00' ft . deep EACH 1 Standard Manhole, 10 .01-12 .00' ft . deep EACH 1 Standard Clean-Out EACH 2 4" Sewer Service~ 20' (avg. length= 16 ft.) EACH 12 4" Sewer Service> 20' (avg. length = 50 ft .) EACH 13 Trench Safetv (sewer) L.F. 1,869 Unit Price 35.00 20.00 37 .00 2,000 .00 2,200.00 2,400.00 500.00 500.00 1,000 .00 2.00 Sewer System Subtotal Total Construction Cost 2 of2 Total 52,535 5,560 3,330 12,000 2,200 2,400 1,000 6,000 13,000 3,738 $101.763 $503,274 .· SEWER SYSTEM ANALYSIS FOR INDIAN LAKES SUBDIVISION PHASE IX [MB 111 COLLEGE STATION, TEXAS January 2006 MBESI# 1062-0012 McCLURE & BROWNE ENGINEERING/SURVEYING, INC. l 008 Woodcreek Drive, Suite I 03 • Coll ege Station, Texas 77845 (979) 693-3838 • Fax: (979) 693-2554 • Emai l: McClureBrowne@Verizon.net SEWER SYSTEM ANALYSIS FOR INDIAN LAKES SUBDIVISION, PHASE 9 General Information Area encompassed by this phase: 15.4 acres Anticipated land use : Anticipated number of lots: Single family residential 44 lots Notes on surrounding d e velopment: The area surrounding the Phase 9 consists of previous phases of Indian Lakes . These are single- farnily residential lots that are generally 1 acre or larger in size . Sewer System Analysis Primary outfall lin e: The outfall for Phase 9 will be a 12" line in the Nantucket Subdivision that carries wastewater to the Lick Creek WWTP . Construction of this line is ex pected to begin in early Spring of 2006 . A lift station, force main, and a section of gravity line are currently being designed to carry wastewater from Phase 9 to the 12 " line in Nantucket . Software model: Average daily flow : Peaking factor : Pipe Material: Manning 's N value : Microsoft EXCEL Spreadsheed based on Manning 's Equation 267 gpd per residential lot 4 .0 PVC (D3034) 0 .013 Spreadsheet Notes: The spreadsheet in Exhibit A computes the anticipated flowrates from each area and the minimum slopes of the lines that serve those areas . It compares the computed slope with the required minimum slope and the design slope from the plans (when available). If the computed slope is less than the minimum or less than the design slope, the spreadsheet indicates the line is "OK". If not, it indicates the line is "Flat". Conclusion : All of the lines in the spreadsheet on Exhibit A indicate they are OK and thus meet the design guidelines of the Cities of Bryan and College Station. Therefore, we conclude that the lines are adequately sized and will easily carry the sewage flows that are expected to pass through them. Applicable Exhibits: Exhibit A Exhibit B Exhibit C Indian Lakes Phase 9 G ravity Syst em Line Area of Contributing Land Uses From To MH # MH # Ac . Ac . Lots Lots 1.8 1.7 0 0 0 10 1.7 1.5 0 0 0 7 1.5 1.4 0 0 0 8 2.1 1.4 0 0 0 4 1.4 1.3 0 0 0 6 1.3 1.1 0 0 0 9 1.1 LS 0 0 0 0 Offsite Gravity Outfall to Nantucket Sys tem Line Area of Contributing Land Uses !; .:i !) "" ,., "" ,., 0 0 ] ~ .:i ~-o--l - ""' 0 ""' C'<\ ~~ .. §.~ ~ "~ ~ o--l ""., .; ~.a From To -" .lol " = 0 'iJ ~ a:: a " ~ ..'.l !; ;;; .g ~ "" coz ..s ""' a ·~ .s = .a ;§ ;;; E ::i a ..s ';< £ z I'll MH # MH # Ac . Ac. Lots Lots A B 41.4 3 5 6 44 B c 38.1 0 8 0 c D 33 0 8 0 D E 16.4 0 3 0 GPD 2,670 4,539 7,743 9,345 11 ,748 ., ~ 0 ~ ·~ ~ GPD 74,546 107,201 135 ,770 Average Daily Flows(ADF) GPD CFS 2,67 0 0.00 4,539 0 .01 6,675 0 .01 1,068 0 .00 9,345 0.01 11,748 0 .02 11 ,748 0.02 Average Daily Flows(ADF) GPD CFS 74,5 46 0.12 107,20 1 0 .17 135 ,770 0 .21 149,707 0 .23 Exhibit B Sewe r Analys is for Indian Lakes Ph 9 and Offsite Outfall Flow Calculations Infiltration Peaking (10% ADF) Factor Peak Flows Size CFS CFS GPM MGD (in.) 0.00 4.00 0.02 8 0 .0 11 6 0 .00 4 .00 0 .03 13 0 .019 6 0 .00 4 .00 0 .04 19 0 .027 6 0.00 4.00 0 .01 3 0 .004 6 0.00 4 .00 0 .06 27 0 .038 6 0.00 4 .00 0 .07 33 0.048 6 0.00 4 .00 O.Q7 33 0.048 6 Flow Calculations Infi ltration Peaking Peak Flows Size (10 %ADF) Factor CFS CFS GPM MGD (i n .) 0 .01 4 .00 0 .47 212 0 .306 8 O.Q2 4 .00 0 .68 305 0 .440 8 0 .02 4 .00 0 .86 387 0 .557 10 0 .02 4 .00 0.95 426 0.614 10 Proposed Sewer System Type 2=3034 PVC, Type 3=2241 PVC Inside Computed Min. Material Diameter Slope fo r Slope for Peak Flow Pipe Si ze Inches % % 2 D3034 5.793 0.00 0 .50 2 D3034 5.793 0.00 0.50 2 D3034 5.793 0.01 0.50 2 D3034 5.793 0 .00 0.50 2 D3034 5.793 0.01 0.50 2 D3034 5.793 0.02 0.50 2 D3034 5.793 0.02 0 .50 Proposed Sewer System Type 2 =3 034 Computed Min. PVC, Inside Material Slo pe for Slope for Type Diameter Peak Flow Pipe Size 3=2241 PVC Inc hes % % 2 D3034 7.754 0.18 0.40 2 D3034 7 .754 0.37 0.40 2 D3034 9.692 0 .18 0.30 2 D3034 9.692 0 .22 0.30 Design Slope from Plans % 0 .80 1.41 1.54 2.91 0.80 2 .37 1.00 Design Slope from Plans % Pipe Slope Check Peak Flow (computed ::; Velocity min.) fps OK 0 .09 OK 0.16 OK 0.23 OK 0 .04 OK 0.32 OK 0.41 OK 0.41 Pipe Slope Check Peak Flow (computed ::;: Velocity min.) fps OK 1.44 OK 2.07 OK 1.68 OK 1.85 Page 1of1 ExhibitB McCLURE & BROWNE RNGTNRRRTNG/SURVRVTNG, TNC. 1008 Woodcreek Drive, Suite 103 •College Station, Texas 77845 (979) 693-3838 • Fax: (979) 693-2554 • Email : McClureBrowne@Verizon.net December 16, 2005 Mr. Louis C. Herrin, III, P.E . TCEQ-MC 148 P.O. Box 13087 Austin, Texas 78711-3087 Re: Chapter 317 Summary Transmittal Letter Permittee: City of College Station Permit Number: TPDES I 0024-003 Project Name: Villages oflndian Lakes, Phase 9 County: Brazos MBESI:#10620012 Dear Mr. Herrin: Exhibit C The purpose of this letter is to provide the TCEQ with the information necessary to comply with the requirements of Ch.317.l(a)(3)(D) of the TCEQ rules titled, Design Criteria for Sewerage Systems. The necessary information includes: I. Engineering Firm: McClure & Browne Engineering/Surveying, Inc. 1008 Woodcreek Dr., Suite 103 College Station, Texas 77845 2. Design Engineer: Jeffery L. Robertson, P.E . No. 94745 3. Facility Owner: City of College Station, Brazos County, Texas 4. The plans and specifications which describe the project identified in this letter are in substantial compliance with all requirements of Chapter 317. 5. Project Description: Tue wastewater improvements that are detailed within this project are located within the ETJ of the City of College Station in Brazos County, Texas, and are designed to connect to the existing wastewater collection system. The city is currently extending sewer lines to a point near this subdivision. The project described here is the first of a two-phased project (see note below) that will capture wastewater in Phase IX of the Villages of Indian Lakes and carry it to the new line that the City is building. Tue two phases will be built concurrently, but for permitting purposes related to the entire subdivision, this phase of the wastewater system is being submitted first. This first phase involves the collection lines within the subdivision. The following is a general description of the new collection system: Mr. Louis C. Herrin page2 Gravity Wastewater Lines: Number of Services: Residential -24 services lines serving 44 lots Amount/Type of Wastewater Pipe to be installed: Pipe Size (in.) 6 6 Manholes: Number-8 Material ASTM D3034, SDR 26 PVC ASTM D2241, SDR 26 PVC Length (ft) 1779 90 Range of distances between manholes -110 ft to 360 ft I Grade(%) I . I , Min. Max. I 0.80 Ii 3.12 i 0.80 2.91 Note: The second phase of this project noted above is not part of this notification letter. That project involves the construction of a lift station, force main, and a section of gravity line that will connect the Phase 9 system to the new line being installed by the City The plans for the wastewater system in Phase IX will be reviewed by the City of College Station, and they will also provide construction inspection. If you have any questions regarding this project, please contact me at 979-693-3838. Sincerely, cc: TCEQ Region 9 Office, Wastewater Program City of College Station, Development Services Department SEWER SYSTEM ANALYSIS MB 11 FOR INDIAN LAKES SUBDIVISION, PHASE IX COLLEGE STATION, TEXAS December 2005 M BES I # 1062-00 12 SUBM ITTED BY: McCLURE & BROWNE ENGINEERING/S UR VE YI NG , I NC . 1008 Woodcreek Drive, Suite 103 •College Station, Texas 77845 (979) 693-3838 •Fax: (979) 693-2554 •Emai l: McClureBrowne@Verizon.net SEWER SYSTEM ANALYSIS FOR INDIAN LAKES SUBDIVISION, PHASE 9 General Information Area encompassed by this phase: 15.4 acres Anticipated land use : Anticipated number of lots: Single family residential 44 lots Notes on surrounding development: The area surrounding the Phase 9 consists of previous phases of Indian Lakes . These are single- family residential lots that are generally I acre or larger in size . Sewer System Analysis Primary outfall line : The outfall for Phase 9 will be a 12" line in the Nantucket Subdivision that carries wastewater to the Lick Creek WWTP . Construction of this line is expected to begin in early Spring of 2006 . A lift station, force main, and a section of gravity line are currently being designed to carry wastewater from Phase 9 to the 12" line in Nantucket . Software model: Average daily flow: Peaking factor : Pipe Material: Manning's N value : Microsoft EXCEL Spreadsheed based on Manning 's Equation 267 gpd per residential lot 4 .0 PVC (D3034) 0.013 Spreadsheet Notes: The spreadsheet in Exhibit A computes the anticipated flowrates from each area and the minimum slopes of the lines that serve those areas. It compares the computed slope with the required minimum slope and the design slope from the plans (when available).. If the computed slope is less than the minimum or less than the design slope, the spreadsheet indicates the line is "OK". If not, it indicates the line is "Flat". Conclusion: Applicable Exhibits: Exhibit A Exhibit B Exhibit C Indian Lakes Phase 9 Gravity System Line From I To MH# I MH# 1.8 1.7 1.7 1.5 1.5 1.4 2.1 1.4 1.4 1.3 1.3 1.1 1.1 LS Arca of Contributing Land Uses £~ "d -u c.-]4 ~ ~ "..l<i .... t .a 8. "d i:: ;§ z Ac. 0 0 0 0 0 0 0 !'I £..S "d "' "~ ~ rl d u ~ .. t ....:i t; "d i:: 15. ;§ .~ ] Ac. 0 0 0 0 0 0 0 ]] ~ .a 6: ; ooz ·li .5 ·~ !'I i:.l .3 Lots 0 0 0 0 0 0 0 ~ a :.a O"I ..s e e '"" Lots 10 7 8 4 6 9 0 Offsite Gravity Outfall to Nantucket System Line Arca of Contributing Land Uses >. 8. !'I !'I 0\ >. 0 .3 -] ~!'I ~-"d 0 --g c.,..... 1L~ j " -]"~:;-~] g ~ a From To a u " .. ~ j t i;:: a '<! t-" ooz ..s .,,, 0 "'C ~ c:i.. ·li .5 :5 j e :5 ] ·~ £ i:.l MH# MH# Ac. Ac. Lots Lots A B 41.4 35 6 44 B c 38.l 0 8 0 c D 33 0 8 0 D E 16.4 0 3 0 ~ r;: ·~ l GPO 2,670 4,539 7,743 9,345 11,748 ~ r;: u ·~ .. ~ GPO 74,546 107,201 135,770 Average Daily Flows (ADF) GPO CFS 2,670 I o.oo 4,539 I 0.01 6,675 I 0.01 1,068 I o.oo 9,345 I 0.01 11,748 I O.o2 11,748 I O.o2 Average Daily Flows (ADF) GPO CFS 74,546 0.12 107,201 0.17 135,770 0.21 149,707 0.23 Exhibit B Sewer Analysis for Indian Lakes Ph 9 and Offsite Outfall Flow Calculations Infiltration I Peaking (10% ADF) Factor Peak Flows Size CFS CFS GPM I MGD I (in.) 0.00 4.00 0.02 8 0.011 6 0.00 4.00 0.03 13 0.019 6 0.00 4.00 0.04 19 0.027 6 0.00 4.00 0.01 3 0.004 6 0.00 4.00 0.06 27 0.038 6 0.00 4.00 0.o7 33 0.048 6 0.00 4.00 O.o7 33 0.048 6 Flow Calculations Infiltration Peaking Peak Flows Size (10%ADF) Factor CFS CFS GPM MGD (in.) 0.01 4.00 0.47 212 0.306 8 O.o2 4.00 0.68 305 0.440 8 0.02 4.00 0.86 387 0.557 10 0.02 4.00 0.95 426 0.614 10 Proposed Sewer System Type 2=3034 PVC, Type 3=2241 PVC Ins. d 1 Computed I Min. Material I D" 1 e Slope for Slope for iameter Peak Flow Pipe Size Inches % % 2 I 03034 5.793 0.00 0.50 2 I 03034 5.793 0.00 0.50 2 I 03034 5.793 0.01 0.50 2 I 03034 5.793 0.00 0.50 2 I 03034 5.793 0.01 0.50 2 I 03034 5.793 0.02 0.50 2 I 03034 5.793 O.o2 0.50 Proposed Sewer System Type 2=3034 Computed Min. PVC, Inside Material Slope for Slope for Type Diameter Peak Flow Pipe Size 3=2241 PVC Inches % % 2 03034 7.754 0.18 0.40 2 03034 7.754 0.37 0.40 2 03034 9.692 0.18 0.30 2 03034 9.692 0.22 0.30 Design Slope from Plans % 0.80 1.41 1.54 2.91 0.80 2.37 1.00 Design Slope from Plans % Pipe Slope Check I Peak Flow (computed~ Velocity min.) fps OK 0.09 OK 0.16 OK 0.23 OK 0.04 OK 0.32 OK 0.41 OK 0.41 Pipe Slope Check Peak Flow (computed~ Velocity min.) fps OK 1.44 OK 2.07 OK 1.68 OK 1.85 Page 1of1 ExhibitB NB •1111 1111 McCLURE & BROWNE ENGTNRERTNG/SURVEVTNG, INC. 1008 Woodcreek Drive, Suite 103 •College Station, Texas 77845 (979) 693-3838 •Fax: (979) 693-2554 • Email: McClureBrowne @Verizon.net December 16, 2005 Mr. Louis C. Herrin, III, P.E. TCEQ-MC 148 P.O. Box 13087 Austin, Texas 78711-3087 Re: Chapter 317 Summary Transmittal Letter Permittee: City of College Station Permit Number: TPDES 10024-003 Project Name: Villages oflndian Lakes, Phase 9 County: Brazos :MBESI:#10620012 Dear Mr. Herrin: Exhibit C The purpose of this letter is to provide the TCEQ with the information necessary to comply with the requirements of Ch.317.l(a)(3)(D) of the TCEQ rules titled, Design Criteria for Sewerage Systems. The necessary information includes: 1. Engineering Firm: McClure & Browne Engineering/Surveying, Inc. 1008 Woodcreek Dr., Suite 103 College Station, Texas 77845 2. Design Engineer: Jeffery L. Robertson, P.E. No. 94745 3. Facility Owner: City of College Station, Brazos County, Texas 4. The plans and specifications which describe the project identified in this letter are in substantial compliance with all requirements of Chapter 317. 5. Project Description: The wastewater improvements that are detailed within this project are located within the ETJ of the City of College Station in Brazos County, Texas, and are designed to connect to the existing wastewater collection system. The city is currently extending sewer lines to a point near this subdivision. The project described here is the first of a two-phased project (see note below) that will capture wastewater in Phase IX of the Villages of Indian Lakes and carry it to the new line that the City is building. The two phases will be built concurrently, but for permitting purposes related to the entire subdivision, this phase of the wastewater system is being submitted first. This first phase involves the collection lines within the subdivision. The following is a general description of the new collection system: Mr. Louis C. Herrin page2 Gravity Wastewater Lines: Number of Services: Residential -24 services lines serving 44 lots Amount/Type of Wastewater Pipe to be installed: Pipe Size (in.) 6 6 Manholes: Number-8 Material ASTM D3034, SDR 26 PVC ASTM D2241 , SDR 26 PVC Length (ft) 1779 90 Range of distances between manholes -110 ft to 360 ft Grade(%) Min. Max . 0.80 3 .12 0.80 2.91 Note: The second phase of this project noted above is not part of this notification letter. That project involves the construction of a lift station, forc e main , and a section of gravity line that will connect the Phase 9 system to the new line being installed by the City The plans for the wastewater system in Phase IX will be reviewed by the City of College Station, and they will also provide construction inspection. If you have any questions regarding this project, please contact me at 979-693-3838 . Sincerely, cc: TCEQ Region 9 Office, Wastewater Program City of College Station, Development Services Department .,:..~:-.-~'·i.:~, .... , .. \,, ,;:·-.:r-., O F r.::-i..''a ..;;-""'' ........... "1-1. l~ ~'"=' ..... *·· ... IS' l1 ,,'ir.·· · .. +:/l :1*/ I ~ \*~ "'·······································jl! ~ JEFFERY L. RO BERTS ON ~ ~ ....................................... ~ ~'ti:.. 94745 /Ff" .. ....... . . ""' "' •1 -0 ··.. ...-~:: 'l11~&·~(~.f~.~.?.''§?.··&~ ''\ S/ON AL ~:: ...... --\\'''"'''"'"'"""' WATER SYSTEM ANALYSIS FOR INDIAN LAKES SUBDIVISION PHASE IX tlB 11 11 COLLEGE STATION, TEXAS January 2006 M~S{ if: 1Db2-00l2. McCLURE & BROWNE ENGINEERING/SURVEYING, INC. I 008 Woodcreek Dri ve, Sui te I 03 • Coll ege Station, Texas 77845 (979) 693-3838 • Fax : (979) 693 -2554 • Emai l: McClureBrowne@Verizon.net WATER SYSTEM ANALYSIS FOR INDIAN LAKES, PHASE IX General Information Area encompassed by this phase: 15.4 acres Anticipated land use: Anticipated number of lots: Notes on surrounding development : Primary water supply line: Existing System Data: Software model: Average daily flow: Peaking factor : Estimated peak domestic demand: Estimated fire demand: Pipe material: Most Hydraulically Remote Point: Single family residential 44 lots The area surrounding the Phase 9 consists of previous phases oflndian Lakes. These are single-family residential lots that are generally 1 acre or larger in size. Water System Analysis Existing 12" line on Indian Lakes Drive The hydraulic characteristics of the existing water system were determined during a fire flow test performed by Wellborn Water Special Utility District on January 18 ,. 2006 at the intersection oflndian Lakes Drive and Arapaho Drive. Static Pressure: 67 psi Residual Pressure: 37 psi Residual Flow: 1040 gpm PIPE2000 (Kentucky Pipe Network Model) 300 gpd (0.208 gpm) per residential lot :!'oo'~''"''''' :.:;.~ ~ . .?.~ .. ~~-t-~''1 ... -=-~ .... *·· .. IS'.,, '* .·· ··. ii '" /~ .. / ....................... :·:-.. ~ .. \ ~ i··~;.~~.~:.~~~··J 4.0 .'1.-0~. 94745 /!Jj~ . . 11 .~~... /YJ~ 0.83 gpm per res1dentia ot '110,,c;:· ... ~1ceNs~?.····~; 1000 gpm lt ... ~~s·· ....... ··~~~ "'" lONA\. v..,- PVC (C909) _1L tJ-7'; Node #J-6 (See Exhibit A) 7 _j , O' Determined by calculating the lowest pressure under sta ·c conditions Re ulated Items Desi ned Re uirement Notes 40.31 20 i Fire flow conditions Max. Velocity (fps) 11 .25 12 I Fire flow conditions Conclusion: Indian Lakes Subdivision was vested prior to the requirement that subdivisions in the ETJ meet the requirements of the Cities of Bryan and College Station. However, the proposed water system exceeds the requirements of TCEQ and the Cities of Bryan and College Station. Applicable Exhibits : Exhibit A Exhibit B Exhibit C Schematic Water System Layout PIPE2000 Model Output for Indian Lakes Phase IX (static) PIPE2000 Model Output for Indian Lakes Phase IX (fire flow) Indian Lakes , Phase IX MBESI #1062-0012 EXHIBIT B PIPE2000 Model Output for Indian Lakes Phase IX (static flow) * * * * * * * * K Y P I P E 4 University of Kentucky Netwo r k Modeling Software Copyrighted by KPFS 1998 Version 1.200 -01/26/2000 ***************************** Date & Time : Thu Jan 26 09:32:44 2006 I NPUT DATA FILENAME --------------C : \PROGRA•l \PIPE20·1 \Projects\INDIAN-1 \ILIXSTAT. DT2 TABULATED OUTPUT FILENAME --------C: \PROGRA-1 \PIPE20·1 \Projects\INDI AN•l \ILIXSTAT .OT2 POST PROCESSOR RESULTS FILENAME ---C: \PROGRA· l \PIPE2 O· l \Projects \INDIAN• l \ ILIXSTAT. RS2 S U M M A R Y 0 F 0 R I G I N A L D A T A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * U N I T S S P E C I F I E D FLOWRATE ............ -= gallon s/minute HEAD (HGL) .....••••• = feet PRESSURE . . . • . . . • • . . . • psig I P E L I N E D A T A STATUS CODE: XX -CLOSED PIPE CV -CHECK VALVE NODE NAMES LENGTH DIAMETER ROUGHNESS MINOR P I P E NAME #1 #2 (ft) (in) COEFF . LOSS COEFF. P-1 VP-1 J-1 895 . 81 1 2 . 09 1 20. 0000 P-2 J-2 J-8 339. 05 6 .07 120 . 0000 P-3 J-2 J-4 156.33 8 . 07 1 20. 0000 P-4 J-4 J-5 179.74 3. 07 120. 0000 P-5 J -4 J-7 322. 80 6. 07 120. 0000 P-6 J -1 J-2 313.77 8.07 120. 0000 P-7 VP-2 J -1 2064. 72 12. 09 120. 0000 P-8 J-7 J-6 341. 84 3. 07 120 . 0000 P-9 J-8 J-3 193. 34 3.07 120. 0000 PU M P/L 0 S S E L E M E N T DA T A THERE IS A DEVICE AT NODE VP -1 DESCRIBED BY THE FOLLOWING DATA: HEAD FLOWRATE EFFICIENCY (ft) (gpml (%) 161. 54 0.00 1.00 141. 92 520.00 1.00 83.08 1040. 00 1. 00 THERE IS A DEVICE AT NODE VP-2 DESCRIBED BY THE FOLLOWING DATA : HEAD FLOWRATE EFFICIENCY (ft) (gpm) (%) 156.92 0.00 1.00 139.04 520. 00 1.00 85.38 1040. 00 1. 00 E N D N 0 D E DATA NODE NODE EXTERNAL JUNCTION EXTERNAL NAME TITLE DEMAND ELEVATION GRADE (gpm) (ft) (ft) -------------------------------------------------------------- J-1 0.00 J -2 5 .00 J-3 5.83 J-4 4.17 J -5 4 .16 J-6 8 . 33 J-7 5.00 J-8 5 .83 VP-1 VP-2 0 U T P U T 0 P T I 0 N D A T A Indian Lakes, Phase IX Static Flow Analysis 282. 00 272 . 00 263. 00 270 .00 278 . 00 290.00 280. 00 267 . 00 280. 00 280 . 00 282. 00 282. 00 0.00 o. oo 0.00 0.00 0 .00 0 .00 0 .00 0 .00 0.00 (ID= 1) (ID= 2) Page I of2 I OUTPUT SELECTION: ALL RESULTS ARE INCLUDED IN THE TABULATED OUTPUT S Y S T E M C 0 N F I G U R A T I 0 N NUMBER OF PIPES ••••..•••..••.••••• (pl 9 NUMBER OF END NODES •.•.••.•..••••. ( j ) = NUMBER OF PRIMARY LOOPS .•.••.••••• ( l) • 0 NUMBER OF SUP PLY NODES ..••.••••••• ( f I • 2 NUMBER OF SUPPLY ZONES •.••.••••••. (Z) = Case: RESULTS OBTAINED AFTER 6 TRIALS: ACCURACY = 0. 00000 S I M U L A T I 0 N D E S C R I P T I 0 N (L A B E LI I P E L I N E R E S U L T S STATUS CODE: XX -CLOSED PIPE CV -CHECK VALVE P I P E NAME NODE NUMBERS #1 #2 FLOW RATE HEAD MINOR LINE HL/ LOSS LOSS VELO. 1000 (gpml I ft I I ft I (ft/ s I (ft/ ft I P-1 VP -1 J -1 3B.32 0. 01 0.00 O.ll 0. 01 P-2 J-2 J-B ll. 66 0. 01 0.00 0.13 o. 02 P-3 J-2 J -4 21. 66 0.00 0. 00 0 .14 0.02 P-4 J-4 J-5 4.16 0 . 02 0. 00 O. lB 0.09 P-5 J-4 J-7 13. 33 0 . 01 0 . 00 0 .15 0.03 P-6 J-1 J-2 3B .32 0. 02 0. 00 0 . 24 0.05 P-7 VP-2 J-1 0.00 o.oo o. 00 0 . 00 0.00 P-B J-7 J -6 B . 33 0.11 o. 00 0. 36 0.32 P-9 J-B J-3 5. B3 o. 03 0. 00 0.25 0.16 P U M P/L 0 S S ELEMENT R E S U L T S INLET OUTLET HEAD EFFIC-USEFUL INCREMTL TOTAL NAME FLOWRATE HEAD HEAD CHANGE ENCY POWER COST COST (gpm) (ft) (ft) (ft) (%) (Hp) ($) ($) VP-1 3B.32 0.00 161. 43 161. 4 Device "VP-2" is closed E N D N 0 D E R E S U L T NODE NAME NODE TITLE EXTERNAL DEMAND (gpm) HYDRAULIC NODE PRESSURE NODE GRADE ELEVATION HEAD PRESSURE (ft) (ft) (ft) (psi) J-1 0.00 441. 43 2B2. 00 J-2 5. 00 441.4 1 272 . 00 J-3 5.B3 441. 37 263.00 J-4 4.17 441. 41 270. 00 J-5 4.1 6 44 1. 39 27B. 00 J-6 B .33 441.29 290. 00 J -7 5.00 441. 40 2B O. 00 J -B 5.B3 441. 40 267. 00 VP -1 441.43 2BO. 00 VP-2 441.43 2B2. 00 SUMMARY 0 F I N F L 0 W S AND OUTFLOWS (+) INFLOWS INTO THE SYSTEM FROM SUPPLY NODES (-) OUTFLOWS FROM THE SYSTEM INTO SUPPLY NODES NODE NAME FLOW RATE (gpm) VP-1 3B.32 NET SYSTEM INFLOW = 3B. 32 NET SYSTEM OUTFLOW= 0.00 NET SYSTEM DEMAND = 3B.32 NODE TITLE ***** HYDRAULIC ANALYSIS COMPLETED •++++ Indian Lakes, Phase IX Static Flow Analysis 159.43 69. OB 169. 41 73. 41 l 7B. 37 77. 29 171. 41 74.2B 163.39 70.BO 151. 29 65.56 161.40 69. 94 174. 40 75.57 161.43 69. 95 159.43 69. OB ~ Low Pressure Page 2 of2 EXHIBIT C PIPE2000 Model Output for Indian Lakes Phase IX (fire flo w) * * * * * * * * * * K Y P I P E 4 University of Kentucky Network Modeling Software Copyrighted by KPFS 1998 Version 1. 200 -01/26/2000 ···············••************ Date & Time: Th u Jan 26 09:32:19 2006 INPUT DATA FILENAME --------------C : \PROGRA-1 \PIPE20-1 \Projects\INDIAN-1 \ILIXFIRE .DT2 TABULATED OUTPUT FILENAME --------C: \PROGRA-1 \PIPE20-1 \Projects\INDIAN-1 \ILIXFIRE .OT2 POSTPROCESSOR RESULTS FILENAME ---C: \PROGRA-1 \PIPE20-1 \Projects\INDIAN-1 \ILIXFIRE .RS2 S U M M A R Y 0 F 0 R I G I N A L D A T A U N I T S S P E C I F I E D FLOWRATE . . . . . . . . . . . . gallon s/minute HEAD (HGL) . . . . . . • . • . feet PRESSURE ........•.•. -psig PIPELINE DAT A STATUS CODE: XX -CLOSED PIPE CV -CHECK VALVE NODE NAMES LENGTH DIAMETER ROUGHNESS MINOR P I P E N A M E #1 #2 (ft) (in) COE FF. LOSS COEFF . P-1 VP-1 J -1 P-2 J-2 J-8 P-3 J-2 J-4 P-4 J-4 J -5 P-5 J-4 J-7 P-6 J-1 J-2 P-7 VP-2 J-1 P-B J-7 J-6 P-9 J-8 J-3 P UM P/L 0 S S E L EM E N T DA THERE IS A DEVICE AT NODE VP-1 HEAD FLOWRATE (ft) (qpm) 161. 54 o.oo 141. 92 520. 00 83. OB 1040 . 00 THERE IS A DEVICE AT NODE VP-2 HEAD FLOWRATE (ft) (gpm) 156. 92 o.oo 139. 04 520. 00 BS. 38 1040.00 E N D N 0 D E D A T A NODE NAME NODE TI TLE EXTE RNAL DEMAND (qpm) J -1 J -2 J-3 J-4 J-5 J -6 J -7 J-8 VP -1 VP-2 0 U T P U T 0 P T I 0 N Indian Lakes , Phase IX Fire Flo w Analysis 0 .00 5.00 5.83 4 .17 4.16 B.33 1005.00 5. 83 DA T A 895.Bl 12 . 09 120.0000 339.05 6.07 120 . 0000 156.33 B. 07 120. 0000 179. 74 3.07 120. 0000 322. 80 6.07 120. 0000 313. 77 B. 07 120. 0000 2064. 72 12. 09 120. 0000 341. 84 193 . 34 TA DESCRIBED BY EFFICIENCY (%) 1.00 1. 00 1.00 DESCRIBED BY EFFICIENCY (%) 1.00 1. 00 1. 00 JUNCTION ELEVATION (ft) 282.00 272. 00 263 . 00 270.00 278.00 290.00 280. 00 267. 00 280 . 00 282. 00 3. 07 120. 0000 3.07 120. 0000 THE FOLLOWING DATA: THE FOLLOWING DATA: EXTERNAL GRADE (ft) 280. 00 282. 00 o.oo o. 00 0. 00 0. 00 0 . 00 0 . 00 0. 00 0.00 0 . 00 (ID~ 1) (I~ 2) Page 1 of2 OUTPUT SELECTION : ALL RESULTS ARE INCLUDED IN THE TABULATED OUTPUT S Y S T E M C 0 N F I G U R A T I 0 N Case: NUMBER OF PIPES ••...•••.•.•.••••.• (p) NUMBER OF END NODES •••••.. , .•••..• ( j ) = NUMBER OF PR I MARY LOOPS ••••••••..• 11) = 0 NUMBER OF SUPPLY NODES ...••••..••• If) = 2 NUMBER OF SUPPLY ZONES .•••••.•.••. (z) = RESULTS OBTAINED AFTER 3 TRIALS: ACCURACY = 0. 00000 S I M U L A T I 0 N D E S C R I P T I 0 N IL A B E L) I P E L I N E R E S U L T S STATUS CODE: XX -CLOSED PIPE CV -CHECK VAL VE P I P E NAME NODE NUMBERS #1 #2 FLOWRATE HEAD MINOR LINE HL/ LOSS LOSS VELO. 1000 (gpm) (ft ) (ft) lft/s) !ft/ft) P-1 VP-1 J-1 531. 42 0 . 79 0.00 1.49 0.88 P-2 J-2 J-8 11. 66 0. 01 0 .00 0 .13 0.02 P-3 J-2 J-4 1021. 66 3.30 0.00 6. 41 21.12 P-4 J -4 J -5 4.16 0.02 0 . 00 0 .18 0.09 P-5 J-4 J -7 1013. 33 27 .00 0.00 11.25 83.63 P-6 J -1 J -2 1038. 32 6. 83 0. 00 6. 51 21. 76 P-7 VP-2 J-1 506. 90 1. 66 0. 00 1. 42 0. Bl P-8 J-7 J-6 8 . 33 0.11 0. 00 0. 36 0.32 P-9 J-8 J-3 5. 83 o. 03 0.00 0.25 0.16 P U M P/L 0 S s E LEMENT RESULT s INLET OUTLET HEAD EFFIC-USEFUL INCREMTL TOTAL NAME FLOW RATE HEAD HEAD CHANGE ENCY POWER COST COST (gpm) !ft) (ft) (ft) (%) !Hp) ($) 1$) ------------------------------------------------------------------------------- VP-1 531. 42 o.oo 141. 05 141.1 VP -2 506. 90 0 . 00 139. 93 139.9 E ND N 0 D E R E S U L T NODE NODE EXTERNAL HYDRAULIC NODE NAME TITLE DEMAND GRADE ELEVATION (gpm) (ft) !ft) J-1 0. 00 420.26 282. 00 J-2 5.00 413.44 272. 00 J -3 5. 83 413 .40 263.00 J-4 4.17 410 .14 270 .00 J-5 4.16 410.12 278. 00 J-6 8.33 383. 03 290.00 J-7 1005.00 383.14 280.00 J-8 5. 83 413.43 267. 00 VP-1 421. 05 280.00 VP-2 421. 93 282.00 SUMMAR y 0 F I N F L 0 W S AND OUTFLOWS (+) INFLOWS INTO THE SYSTEM FROM SUPPLY NODES (-) OUTFLOWS FROM THE SYSTEM INTO SUPPLY NODES NODE NAME FLOWRATE (gpm ) VP-1 531. 42 VP-2 506. 90 NET SYSTEM INFLOW 1038. 32 NET SYSTEM OUTFLOW • 0.00 NET SYSTEM DEMAND 1038. 32 NODE TITLE +•+++ HYDRAULIC ANALYSIS COMPLETED ***** Indian Lakes, Phase IX Fire Flow Analysis PRESSURE NODE HEAD PRESSURE (ft) (psi) 138. 26 59. 91 141.44 61. 29 150. 40 65.17 140 .1 4 60. 73 132.12 57 .25 93.03 40. 31 103 .14 44. 69 146.43 63. 45 141. 05 61.12 139. 93 60. 64 ~ Low Pressure Page 2 of2 I I I OFF-SITE WASTEWATER SYSTEM ANALYSIS FOR INDIAN LAKES SUBDIVISION PHASE IX COLLEGE STATION, TEXAS January 2006 MBESI# 1062-0012 [MB _M_cc_L_uRE_&_BR_o_w_NE_E_N_GI_NE_E_RIN_G_1s_uR_v_EY_IN_G_, •_Ne_. - dll 1008 Woodcreek Drive, Suite 103 •Co ll ege Station, Texas 77845 (979) 693-3838 •Fax : (979) 693-2554 •Email: McClure Browne @ Verizon.net Area served: Anticipated land use: WASTEWATER ANALYSIS FOR THE OFFSITE SYSTEM SERVING VILLAGES OF INDIAN LAKES, PHASE 9 AND AJOINING TRACTS General Information 1) 11 .1 acres in Indian Lakes Ph 9 ( 44 lots) 2) 35 acres in future phases of Indian Lakes 3) Potential to serve 27 existing lots in Nantucket 4) 128 .6 acres in undeveloped tracts adjacent to Nantucket Single family residential Notes on su rrounding development : Most development around this site consists of 1-3 acre lots in Nantucket and Indian Lakes . While it is anticipated that future development in the sewer area will be much like the existing development , the assumption for this analysis is that medium density development will be constructed . Primary outfall line: Software model: Average daily flow : D eve lopment density: Peaking factor : Pipe Material: Manning 's Nvalue: Spreadsheet Notes: Conclusion: Applicable Exhibits : Sewer System Analysis 12 " Line in the Nantucket Subdivision currently under construction Microsoft EXCEL Spreadsheet based on Manning 's Equation 267 gpd per residential lot 3 lots per acre for all undeveloped, unplatted land 4.0 PVC (D3034 and D2241) 0 .013 The spreadsheet in Exhibit B analyzes the gravity system for Indian Lakes Phas e 9 and the outfall system adjacent to the Nantucket Subdivision that is being constructed in conjunction with the development. It computes the anticipated flowrates from each sewer area and the minimum slopes of the lines that serve those areas . It compares the computed slope with either the required minimum slope or the design slope from the plans . If the computed slope is less than the minimum or the design slope, the spreadsheet indicates the line is "OK". All of the lines in the spreadsheet on Exhibit B indicate they are OK and thus meet the design guidelines of the Cities of Bryan and College Station. Therefore, we conclude that the lines are adequately sized and will easily carry the sewage flows that are expected to pass through them. ~,,,,,,,, ----:"\ £. 0 F 'f. ''" Exhibit A Schematic Sewer System Layout (offsite lines onl y) Exhibit B Sewer Model Spreadsheet .:"r.:\f>-.............. ~../'".A •t --J • * • ·y.nt. ; it .-" · .. v · 'It S*/ ·· .. 1cl. ~ ..... ·................... ... *l Exhibit C Lift Station and Force Main Report Exhibit D Copy of Letter to TCEQ ~ JEFFERY ·············1 ~ ..... , .......... ~:.~.RTSON ,, -0 ~ 94745 .... T ... . 1. .... • .Ctr:"' 't,'Q\ /l.i./~ 1 '1 ~--.~!.CcNs€.?../#5 J'·lf~~~~f~"~ t~/ot illdWn )/;Jfffilre ~~~~ MB:ir1~0012 Indian Lakes Phase 9 Intemal Gravity System for Patio Homes Line Area of Co ntributing Land Uses ;>.. :J :J "e ] ~ ~ ;>.. 0 .D 0 .D -~; -0 ~ ~ 0 0 ~ 8..., "' .a .....l i:;; g. ~ t.i t.i i3: ~ i::: " Average Daily From To "' ..9 .M "' "' ·5 "il .lol oo z 'O °' !:l " "' !:l Flows(ADF) F:; 0 ;> .....l -~ .s ..s "' -0 .a ""' .g ; ""' = 5 ~ ";< :J e ~ 5 'O ~ 0 0 ..s .....l rt MH # MH # Ac. Ac . Lots Lots GPD GPD CFS 1.8 1.7 0 0 0 10 2,670 0 .00 1.7 1.5 0 0 0 7 2,670 4,539 0 .01 1.5 1.4 0 0 0 8 4,53 9 6,675 0 .01 2.1 1.4 0 0 0 4 -1,068 0 .00 1.4 1.3 0 0 0 6 7 ,743 9,345 0 .01 1.3 1.1 0 0 0 9 9 ,345 11 ,748 0 .02 1.1 LS 0 0 0 0 11,748 11 ,748 0.02 Offsite Gravity Outfall to Nantucket System Line Area of Contributing Land Uses !:l :J ..'!l °' ;>..""' ;>.. 0 0 ] ~ .D :J .D -.....l ] -0 0 -0 ~ . -0 "' i:;; " -8.. ~ ~ " .....l :t: 0 ~C--:--u "' .a i::: " Average Daily From To ~] g ..s ..!4 "' i3: ; "' .5 " "' !:l 'O Flows (ADF) F:; .....l "' " 0 ""' ooz ..s = -g .a -0 i::: -~ .s ~ ~~ e ;:i ~ ..s ";< e z ~ µ. MH # MH # Ac . Ac . Lots Lots GPD GPD CFS A B 8 1.l 35 15 44 108,749 0.17 B c 47.5 0 12 0 108 ,749 150,001 0 .23 Exhibit B Sewer Analysis for Indian Lakes Ph 9 and Offsite Outfall January 12, 2006 Fl ow Calculations Infiltration Peaking Peak Flows (10%ADF) Factor CFS CFS GPM M GD 0.00 4.00 0 .02 8 0 .011 0 .00 4.00 0.0 3 13 0 .019 0 .00 4.00 0 .04 19 0 .027 0.00 4.00 0.01 3 0 .004 0 .00 4.00 0.06 27 0.038 0 .00 4.00 O.D7 33 0 .048 0 .00 4.00 O.D7 33 0 .048 Fl ow C alculations Infiltration Peaking Peak Flows (10 %ADF) Factor CFS CFS GPM MGD 0 .02 4.00 0.69 310 0.446 0 .02 4.00 0 .95 427 0 .615 Type 2=3034 PVC, Size Material Type 3=2241 PVC (in.) 6 2 D3034 6 2 03034 6 2 03034 6 2 03034 6 2 D3034 6 2 D3034 6 2 D3034 Typ e 2=3034 PVC, Si ze Material Type 3=2241 PVC (in .) 8 2 D3034 10 2 03034 Prop ose d Sewer System Computed Min. Inside Slope for Slope for Diameter Peak Flow Pipe Size Inches % % 5.793 0 .00 0.50 5.7 93 0.00 0.50 5.793 0.01 0 .50 5.793 0.00 0 .50 5.793 0.01 0.50 5.793 0.02 0 .50 5.793 0.02 0 .50 Propos ed Sewer System Computed Min . Inside Slope for Slope for Diameter Peak Flow Pipe Size Inches % % 7.754 0 .38 0.40 9.692 0.22 0 .30 D es ign Sl ope from P lans % 0 .80 1.41 1.54 2.9 1 0.80 2.3 7 1.0 0 Design Slope from Plans % 0 .55 Pipe Sl ope Check Peak Flow (computed :::; Velocity min.) fp s OK 0 .09 OK 0 .16 OK 0 .23 OK 0 .04 OK 0 .32 OK 0.41 OK 0 .41 Pipe Slop e Check Peak Flow (computed :::; Velocity min.) fp s OK .2.J.O OK { 1.86 '\ ~ Pagel of l ExhibitB I I I I I I EXHIBITC Lift Station and Force Main Report Indian Lakes Offsite Sewer System MBESI #10620012 LIFT STATION #1 ENGINEERING REPORT FOR INDIAN LAKES, PHASE IX PREPARED FOR: Clarke & Wyndham 3608 East 29th Street Bryan, Texas 77802 PREPARED BY: McCLURE & BROWNE ENGINEERING/SURVEYING, INC. 1008 WOODCREEK DR. College Station, Texas 77845 January, 2006 MBESINo . 10620015 ""'""''''"''''' __ ..... :'.\~OF r~ ''' .: 4'~ .... * ............ ::-fi•1 ,;'.. .... .. .. ii,,,, ,.... ....~ il! ..... : .......................... : ...... l ~ JEFFERY L. ROBERTSON ~ ~ ....................................... ~ '/.\~ \ 94745 //f " . ~.. ...,~~ Q'. ,•N,.. ··~~iiAr~·~~~'l ~,,,, .... J i. 1/,,$ (){, INDIAN LAKES, PHASE IX JANUARY 2006 LIFT STATION #1 ENGINEERING REPORT The following calculations will illustrate that the construction of Lift Station #1 for Indian Lakes Subdivision , Phase IX is designed in accordance with Texas 30 TAC §317.3 "Lift Stations" requirements. §317.3. Lift Stations. §317.3.(a) Site selection The 100-year flood plain was determined by the use of the USGS Quadrangle map and FEMA Flood Plain Map for the area surrounding the project site. The proposed lift station (LS) is not within or near the 100-year flood plain . Therefore the top-of-slab elevation is above the 100-year flood elevation . The existing lift station slab is approximately 1 '-6" above the existing surrounding ground. §317.3.(b) Design §317 .3.(b)(1) Small Lift Stations The proposed lift station shall consist of two grinder pumps capable of pumping 40 g.p.m., and associated appurtenances . §317 .3.(b)(2) Dry Well Sump Pumps -Not Applicable §317 .3.(b)(3) Pump Controls The LS will be controlled with float switch controls that will activate the appropriate pump. All controls for the lift station will be located in a control box as shown in the drawings . §317.3.(b)(4) Wet Wells §317.3 .(b)(4)(A) Wet Wells and Dry Wells. The proposed wet well shall be constructed of reinforced concrete pipe. The interior shall be coated with a compound that will deter the migration of wastewater through the wet well walls. -2- INDIAN LAKES, PHASE IX JANUARY 2006 §317 .3.(b)(4)(8) Pump Cycle Time LIFT STATION #1 ENGINEERING REPORT The pump cycle will be at least six minutes . Refer to Attachment #2 -Lift Station Design Calculations for pump cycle time based on design flow. §317 .3.(b)(4)(C) Influent Gravity Lines The proposed influent gravity line is approximately 11.21' below the proposed finished slab elevation . Therefore, the pumps will be set to keep the wastewater elevation in the lift station as low as possible. The first pump will be set to come on when the wastewater elevation in the wet well is at 247 .00'. The second pump will come on once the wastewater elevation reaches 247 .75'. The HWL will be set at 252.80', which will trigger an alarm . §317 .3.(b)(5) Stairways -Not Applicable §317.3 .(b)(6) Ventilation The LS will be closed at all times . The wet well shall be piped with a passive ventilation system that will allow gases to be expelled from the wet well. §317.3 .(b)(6)(A) Passive Ventilation A 4 " welded steel pipe (W.S.P .) gooseneck vent shall be installed in the section of the wet well that will be covered to prevent the buildup of gases. §317.3.(b)(6)(8) Mechanical Ventilation -Not Applicable §317 .3.(b)(7) Wet Well Slopes The bottom of the wet well shall be grouted to create a slope from the wall to the submersible pumps to discourage the buildup of solids on the floor of the lift station . §317 .3.(b)(S) Hoisting Equipment A ho ist shall be installed as part of the LS to assist in the removal of the submersible pumps and appurtenances . §317 .3.(b)(9) Dry Wells and Valve Vault Drains -Not Applicable -3 - INDIAN LAKES, PHASE IX JANUARY 2006 §317.3.(c) Pumps §317 .3.(c)(1) General LIFT STATION #1 ENGINEERING REPORT The pumps shall be non -clog submersible pumps with the capability of passing 2 1/2-inch diameter sphere and 2 .5"0 discharge openings . The submersible pumps shall be mounted on a rail-type support system as supplied by the manufacturer. The operator will be able to remove and replace any single pump without entering or dewateri ng the wet well. §317 .3 .(c)(2) Lift Station Pumping Capacity The design flow into the lift station capacity is calculated to be as follows : Average Daily Flow = 13.200 GPO (9 g .p .m.) Peak Inflow= (27 .5 g .p.m .) Refer to Attachment #2 -Lift Station Design Ca lculations for additional information regarding these flows . Each of the two pumps will be capable of pump i ng 40 g .p .m . with the largest pump o ut of service . §317.3 .(c)(3) Variable Capacity Pumps -Not Applicable §317 .3.(c)(4) Pump Head Calculations Refer to the Attachment #2 -Lift Station Design Calculations for pumping head calculations . §317 .3.(c)(5) Self-priming Pumps -Not Applicable §317 .3.(c)(6) Pump Positioning -Not Applicable §317 .3.(c)(7) Grinder Pumps Grinder Pumps are used as required by §317 .3 .(b)(1) §317.3.(d) Piping §317.3.(d)(1) Pump Suctions A low level lock out w i ll be installed in the wet well to prevent the pumps from runn ing dry. A float switch will be set 24" above the bottom of the finished floor of the wet well . -4- I I INDIAN LAKES, PHASE IX JANUARY 2006 §317.3.(d)(2) Valves LIFT STATION #1 ENGINEERING REPORT Gate valves and rubber ball check valves will be provided for each pump . §317 .3.(d)(3) Valve Position Indicators All valves will have external position indicators . §317 .3.(d)(4) Lift Station Piping All piping will be ASTM 02241, SOR 26, PVC piping. Discharge piping velocity for each pump is as follows : Pumps Discharge Piping Pump Capacity Discharge Velocity (in .) (g.p .m.) (FPS) 1 2.5 40 2.61 2 2.5 40 2.61 The pumps should not run in parallel based upon projected influent flows and pump capacity . All discharge velocities will be greater than 2.0 FPS . §317.3.(d)(5) Force Main Pipe Selection The proposed force main is 2.5"0 ASTM 02241, SOR 26 PVC pipe . Under normal operating conditions, the pumps will discharge ±40 g.p .m. for future operating once complete development of the area occurs . From previous calculations, the velocity in a 2.5"0 pipe will be 2 .61 FPS for a 40 g.p .m. capacity, which is greater than the required 2 .00 FPS. §317 .3.(d)(6) Force Main Tests The final plans and specification will indicate the testing pressure to be 1 .5 times the maximum design pressure. The testing pressure for the force main will be 100 p.s.i . §317.3 .(d) (7) Air Release Valves - Air Release valves will be installed at high points i n force main alignment -5- I I I I I INDIAN LAKES, PHASE IX JANUARY 2006 §317.3.(e) Emergency Provisions LIFT STATION #1 ENGINEERING REPORT The proposed lift station shall be designed such that there is not a substantial hazard of stream pollution from overflow or surcharge onto public or private property with sewage . Additional emergency provisions are necessary. §317 .3.(e)(1) Power Supply Refer to the Attachment #2 -Lift Station Design Calculations for power outages at the lift station site and the wet well sizing based on the power outages . §317 .3.(e)(2) Alternative Power Supply §317 .3 .(e)(2)(A) Electrical Service from two separate commercial power companies, provided automatic switch over capabilities are in effect -Not Applicable . §317 .3.(e)(2)(B) Electrical service from two independent feeder lines or substations of the same electric utility, provided automatic switch over capabilities are in effect -Not Applicable . §317 .3.(e)(2)(C) On-site automatic starting electrical generators shall be provided for emergency provisions to prevent "overflow''. -Not Applicable §317.3 .(e)(2)(D) Reliance on Portable Generators or Pumps -A quick connect to the force main line will be provided. Additionally , an auto-dialer will be installed and programmed to call the City's wastewater treatment plant to alert the operator during an emergency. §317.3.(e)(3) Restoration of Lift Station -Not Applicable . I §317.3.(e)(4) Spill Containment Structures -Not Applicable §317 .3.(e)(S) Alarm System I The LS will be equipped with an audio-visual alarm system (red flashing light and horn) at the site . The LS will also have an telephone connection that will trigger an alarm at the City's wastewater treatment plant, which is attended 24 hour a day . The alarm system will be activated on the high level is reached. Refer to the Attachment #2 -Lift Station Design Calculations for alarm elevations. -6- I I INDIAN LAKES, PHASE IX JANUARY 2006 ATIACHMENT#1 LIFT STATION #1 ENGINEERING REPORT General Location and FEMA Flood Plain Map -7- I I N .T.S . I I /I I I I \ \\ ~--. v EXHIBIT 1 Flood Insurance Rote Map E xcerpt Brazos County. Texas and Incorporated Areas Mop Numbers: 48041 C0215C Effective Dote : July 2. 1992 I INDIAN LAKES, PHASE IX JANUARY 2006 g r I bt~ J I . i .. (. t .. 't ATTACHMENT #2 Lift Station Des ign Calculations LIFT STATION #1 ENGINEERING REPORT . z ' a i Indian Lakes, Phase IX Design Calculations Lift Station Flood Proofing January 2006 FEMA map Panel #48041C0215 C shows that the proposed lift station site is located outside of the 100-year flood plain. Based on field surveys , the ground elevation at the proposed site is ±263.2, the proposed slab will be set at an elevation of ±265.0 . Lift Station Analysis >-Lift Station Inflow The proposed lift station will provide service to 44 residential lots with an assumed capacity of 3 persons per lot. Based upon Figure 1: 30 TAC §317.4(a), a wastewater flowrate for the proposed residential development is approximately 100 gal/day/person. The future total average daily inflow is calculated to be ..... Average Daily Inflow = 13.200 g.p.d. (9.17 g.p.m.) Peak inflow will be take as 3 times the average daily inflow: Peak Inflow= 27.5 g.p.m. > Wet Well Sizing TCEQ regulations §317.3 (b)(1) states that lift station pumping capacity of less than 100 g.p .m . shall be only for institutional use or other locations where it is necessary to pump the sewage from a single building, school, or other measurable source establishment. Grinder pumps shall be used by all small installations. TCEQ regulations § 317 .3 (c)(2) requires that a lift station must be capable meeting the expected peak inflow with the largest pump out of service . Therefore, the pumping capacity of the lift station will be: Pumping Capacity= 40 .00 g.p.m. TCEQ regulation §317.3(e)(1) requires a minimum storage capacity equivalent to the longest power outage in the last 24 months, or 20 minutes, whichever is longer if records are available. TCEQ regulation §317 .3(e)(2) states that if its determined that power is unreliable, alternate power supplies or options may be provided to ensure that lift station will not overflow. Refer to the outage records from the power company that will be supplying electricity to the site . There were four recorded outages on the circuit trunk in which power would be acquired -1- Indian Lakes, Phase IX Design Calculations January 2006 since September 2003 . The longest power outage was for 5 hours, 22 minutes. Based on this outage, the power supply is considered to be unreliable. A portable pump and a quick connection to the force main will be provided to ensure that the lift station will not overflow. To determine the minimum storage capacity for the lift station, the longest power outage will be used, which is 5 hours, 22 minutes (i.e . 322 minutes). Using the following information, the volume of the lift station is calculated : Cross Sectional Area for 6' 0 Wet Well = 28 .27 SF Cross Sectional Area for 6 11 0 Sewer Line= 0.20 SF Cross Sectional Area for 4 10 Manhole= 12.57 SF F. L. Lowest Gravity Line = 253. 79' Top of Lift Station= 265.00' Bottom of Lift Station = 244.50' Emergency Required Storage (Not including 2' dead volume): 322 min . x 9.17 g .p .m. (average daily flow)= 2,953 gallons Storage in wet well: [(16.50 VF x 28.27 SF) x 7.48 g/cf = 3,489 gallons Storage in 6 11 0 Sewer Line (SE-2): [(710 LF x 0.20 SF) x 7.48 g/cf = 1,062 gallons Storage in 4' 0 Manhole: [(10.97 VF x 12.57 SF) x 7.48 g/cf = 1,031 gallons The maximum height of the wastewater in the wet well at 263 .00, which is 1' below the finished floor elevation of the lowest habitable building connecting to this system. The total amount of storage available in the wet well and collection system is 5,582 gal. This provides more than enough storage for a 5 hour, 22 minute power outage , which is the greatest power outage since September 2003. Total storage Capacity (Emergency)= 5.582 gallons Cycle Time Storage Requirements TCEQ requires 6 minutes cycle time (min .) for submersible pumps, 10 minute cycle time is preferable: -2- I I Indian Lakes, Phase IX Design Calculations v v T = (Q -S) + S where : T =Cycle Time (min.) V = Wet Well Storage Q = Pumping Rate (40 g .p .m.) S =Influent Rate (9 .17 g.p.m.) Therefore, the Wet Well Volume is: V = 70 .7 gallons January 2006 The minimum amount of time a pump should run is 3 minutes . Therefore , the volume required to achieve 3 minute run time is : V = 3 min . x 40 g .p.m. V = 120 gallons Therefore , Cycle Time at peak flow: T= 120.00 120.00 (40-9.17) + 9.17 T = 17.0 min .> 10 min . .I OK >-Water Level Settings Low Water Level (LWL) -Low water level will be taken as proposed floor plus 2', therefore: LWL = 246.50' First pump on is 0 .5' higher than LWL, therefore : First Pump On= 247.00' Second pump on will be set 0 .75' higher than First Pump On , therefore : Second Pump On= 247.75' -3- I I Indian Lakes, Phase IX Design Calculations January 2006 High Water Level (HWL) -If both pumps a re running and wet well water elevation continues to rise , HWL for alarm will be set 1.0 foot below the lowest incoming gravity line , therefore : HWL = 252 .80 ' See attached sketch for profile view of lift station . ~ Force Main Sizing The proposed force main will be 2 .5" ASTM 02241 , Class 160 PVC , which as an inside diameter of 2 .606". The minimum velocity i n the force main is 2 feet per second (fps) as per current TCEQ regulations §317 .3(d)(5). ~System Curve Given: LWL = 246.50' HWL = 252 .80 ' Maximum Elevation = 291 .33' Velocity= 0.4085( ~J where : Q = Flow Rate (40 g.p .m.) d =Diameter (2 in) Velocity= 2.61 fps./ OK Worst Case Static Head : 291 .33 -246 .50 = 44 .83' Best Case Static Head : 291 .33 -252 .80 = 38 .53' See following pages for friction loss calculations and system curve . ~ Specifications for Pumps Proposed Grinder Pump is "Zoeller" 7110 Reversing Series Grinder Pump Pump #1 & #2 Grinder pump , 3 ,450 rpm , 3.0 HP , 3 Ph , 480 V Pump Data: 40 g.p.m. @ 39' TOH Shut Off Conditions : 10 g.p .m.@ 63' TOH -4- INDIAN LAKES, PHASE IX JANUARY 2006 "'' ;gt . ATTACHMENT #3 Power Outage Records LIFT STATION #1 ENGINEERING REPORT ::; : ;tif . I I BRYAN TEXAS UTILITIES )I( )I( )I( )I( )j( ;a~-~I( )'( ')I(' ;1( • ... ~ )I( THE ENERGY TO SERVE YOU SINC E 1919 September 16, 2005 Jeff Robertson , P .E. BTU P. 0. Bo x 1000 Bryan , TX 77805 Phone : 979-821-5700 Fax : 979-821-5795 http ://www .btutil ities .com McClure & Browne Engineering/Surveying, Inc. 1008 Woodcreek Dr. College Station, Tx 77845 Dear Jeff, In response to your request for the number of outages that have occurred in the past 24 months and the length of time for each outage in the area bordering the Indian Lakes area, I have attached the detailed list that contains the requested information. As you can see from the outage report, it contains the date of the outage, the time of the outage, the time the outage was restored and the number of customers affected. Most of the outages were small affecting only a few customers owing to our fusing of all taps off the main feeder circuit, which serves to isolate problems and keep power flowing to as many customers as possible. If you have any questions regarding this information of if you need additional information, please contact me at (979) 821-5824. Sincerely, Ronnie Wiggins Supervisory Operator Electric Transmission Bryan Texas Utilities Receivea Time Sep.16. 12:31 PM 141002/004 .. "" ....; It:) 0 0 ~ - - ..., E 1-- Customersi Customer i Feeder! \Cause Affected ' Duration! Count\ ' , ct ;Report Date 1 iRestore Date i Feeder i i Duration; I ! I . . . ' ---+·I i I :I I! I 3457 _ 1_1 3181200~_ 9:01 :48 ~ I b18120Q5 9 :~~:48 _@vf _=ni-' 11521 __ I i 0 .101 3489 \-.~L~-~{~05 12 :33:41 PM \ \3/211.?005 1:27 :41 Pf\'.I. I 1521 I : 0.90 J 3610 5!_13/2005 ~;00:48 PM __ I il 5/13/2005 7:57:48 PM 1521 i '1 0 .951 3637 i 15/22/2005 8:46:.16 AM 1 . 1._5/22/2005 10 :1~)6 AM ~21 l.55 r 3923 I 18/5 /2 005 6 :50 :05 AM ,8/5/2005 7:45 :05 AM \ 1521 0 .92 lQ i \ 7.00 I I 318 J Unknown 311 2 .701 3181 1 • !'weather--._ -- 5 1, _ 0 .95 318 :ynknown 7 .75 318 \ Tree Contact -----.. +-----t- 3 2.76 318 Blownfuse-Ta INDIAN LAKES, PHASE IX JANUARY 2006 r ijl) • ATTACHMENT #4 Pump Information LIFT STATION #1 ENGINEERING REPORT . ' ' . .mp&Power Equipment ~ . " ffe11L1TY fluM/15 £111:£ /!J:Jfj'. Product information Q presentod here rnfl Acl s ~e~· •.L conditions :it lime of publication . ConfiUll fa ctory rega rding dis cropancles or inconsistMc lefi. FAX NO. :7137831221 MAfL TO: F'.O. BOX 16347 • Loulsv/1/9, KY 40256-0347 SHIP TO: 3649 Cane Run Road •Louisville, KY 40211 -1981 (502) 778 -27.31 • 1 (800) 928-PUMP •FAX (502) 774-3624 71 SERIES Dec . 20 2005 06 :41 PM P1/5 SECTION: Z4 .20.160 · ZM1767 0501 Sup ersed es 0600 visit our web site: http:llwww.zoeller.com GRINDER PUMP GUIDE SPECIFICATIONS 3, 5 & 7'/2 HP 1.01 GENERAL: Contractor shall furnish all labor, material , equipment and incidentals requ ired to provide __ (QTY) centrifugal grinder pump (s) as specified herein . 2.01 OPERATING CONDITIONS : Each pump shall be rated at H.P., ___ volts , __ phase , __ Hz .; 3450 R.P.M . The unit shall produce G.P .M. at feet of T.D .H. The pump shall have a 2W flanged discharge adaptable to 3" and be capable of handling sanitary sewage and gr in d in g it into a fine slurry enabling it to be pumped over long distances or high vertical lifts in pipelines as small as 2.00" in diame1er. 3.01 CONSTRUCTION : The centrifugal grinder pump sl1all be equal to the Model submersible type as ·manufactured by the Zoeller Engineered Products Company of Louisville, Ky. (800-928-7867). The castings shall be constructed of baked on epoxy coated class 30 cast iron. The motor housing shall be finned and oil-filled to dissipate heat and enable the unit to operate unsubmerged without damage to the motor. Air-filled motors shall not be considered equal because of their inability to diss ipate heat from the motor. All external-mating parts shall be machined and sealed with a buna-n square ring . All fasteners exposed to the liquid shall be 300 series stainless steel. The motor shall be protected on the top side with an attached sealed junction box chamber which in the event of cord damage will prevent moisture wicking into the motor housing . The motor shall be protected on the lower i;ide with a tandem mechanical seal arrangement with each seal having a separate sprin g assembly. The upper and lower ball bearings shall be capable of handling all thrust loads. The pump housing shall be of the concentric desigr:i thereby equalizing the pressure forces inside the hous ing, which will extend the service life of the seals and bearings. The top cap shall have cast in lifting lugs. Seal leak probes located in the oil -filled seal cavity and thermal sensors located in the oil-filled motor housing shall provide protection to the unit. 4.01 ELECTRICAL POWER CORD : The pump shall be supplied with __ 25' / __ 50 ' I __ 75' of multiconductor power cord . It shall be SO type cord capable of continued exposure to the pumped liquid. Power cord shall be sized for the rated full load amp rating of the pump in accordance with the National Electric Code . Power cable shall enter into the junction chamber through a compression type-sealing gland . Water sealing and strain relief is separated . Each individual conductor shall be sealed against wicking should the cable become damaged . The entire junction chamber shall be sealed off from the motor housing by through wall terminals to protect the motor from moisture . 5.01 . MOTOR: The oil -fill ed motor shall be a Class F insulated NEMA B design rated for continuous duty. At maximum load, the winding temperature will not exceed 250 degrees F unsubmerged. Since air-filled motors are not capable of dissipating heat, they shall not be considered equal. Start capac itors and relay shall be mounted externally from the pump · in a panel within 50 feet of the pump location . The unit shall have a bi-metallic thermal sensor and shall use magnetic starters with overload relays in the control panel for additional protection ..... · 6 .01 BEARINGS AND SHAFT: Upper and lower ball bearings made of high carbon chromium steel shall be provided to prevent shaft deflection by withstanding all thrust and radial loads . The motor shaft shall be made of 416 SS and have a minimum diameter of 1.25". @ Cnnvrinht :1 001 Zoeller Co All rights reserved Rece i ved Time Dec. 20. 6:36PM · · FRO M :Purnp&Powe r Equipment FA X NO. :7137831221 Dec. 20 2005 06:42PM P2 /~ 7 .01 SEALS : Pump shall have a dual mechanical seal C1)nfiguration w ith the ~e.ils mounted in tanr:lem . Each seal assemb ly having carbon rotary and cer'\lmic stationary faces with buna-n elastomer and 316 SS spring . It shall be equal to a Crane Type 21 configuration . Double sea ls with a common intermediate spring shall not l1e considered equcil. Sea l lea k probes shal l be prepackaged in seal chamber to detect pre$ence of water and indicate a lower seal fai lme . Optional seal fr:lces shall be __ Si li con carbide I carbon_,_ .. ,., Lower I ·--Upper. __ Si li con carbide I silicon c::arbi<je __ Lower I __ Upper. 8 .01 IMPELLER: Tt1e impeller shall be a fully ba lanced bronze Cc1sting with pump out vanes on the bac k shroud to keep debris aw<.1y frorn the seal area . It shall be keyed and bolted to the motor shaft. 8.02 CUTTER MECHANISM: Ttie cutter and plate shall be constructed of 440 SS w i th a Rockwell C hardness of SB-60 . The stationary cutter plate shall have specially designed orifices machined through it which enable the sl urry to flow througl1 the pump hous in g at an equalized pressure and velocity. The rotating "star" cutter design shall have doub le-sicJed cutting · ble:1des thereby increasing the number of cutting surfaces . Other cuttP.r designs w ith tight clearances and those that grin d on tt1e circumference of the rotary plate shall not be cons idered equal. 9.01 PAINTING; The ~xterior castings of the pump sl1all be protected w ith a green baked on epoxy powder coat paint. As an opt ional feature include __ Do uble epoxy coating protecting all Internal and external wetted surface areas sha ll be required 10 .01 SERVICEABILITY: Components required for tlH! repair of llie pump shall be readily av8ilable wi tll in 2'1 hours . Components such as mechanica l sea ls and bearings shall not be of a proprietary design and be avciilable from local industrial supply l1ouses . Special tools shall not b~ required to service the pump : A network of serv ice stat ions sl1a ll l)e ava ilable nationwide in those cases where service requirements are beyond the scope of in-house service mechanics . 11.0 ·1 SUPPORT: The pump shall h<:1ve support legs enabling it to be a freestanding unit. Tile legs w ill be high enough to allow solids and long stringy debris to enter tt1e cutter asSEHnbly. For Hwse installations requ iring a f ield assembled rail system : _,_Rail system w i th pump suspended by means of a sealed pump plate attached to the pump . Rail and gu ide brackets shall be SS . Rai l pipes to be provided by others . __ SS intermediate stab ili zer required for rail systerns used where bas in depths are greater than 12 feet For those "Outdoor" instal lati ons requiring a factory assembled basin package : __ Simplex system with a ... -.. ~-" diameter by __ • depth bcisin . __ Duplex system with a ·-··-" diameter by __ " deptl1 basin. 12 .G1 TESTING : Each purnp shall nm in liquid before bE:ing shipped . It shal l be checked at its maxirnurn runnir\g po int for performance, arnps , ground i ng, winding insulation, and watertightness . ____ An optional certified test based on the Hydraul ic lnstitute's or SWPA (Submersible Wastewater Pump Association) Test Standard for submersible pumps . __ Start up serv i c~s at lt1e job si te by r.in authorized representative of Zoeller Eng ineered Products Company shall be requ ired . Start-up report form ZM1074 should be completed in the presence of the in stallers and returned to the Pro ject Eng ineer or Zoeller Engineered Products Company. 13 .01 WARRANTY: The five year p ro-rated warranty for permanent municipal wastewater lift stations shall IJe in wr iting in a p1 Jbl is hed serv ice bL1lletin . Labor charges from an authoriz ed service stat ion for repa i rs will t)e included in this warranty agreement during the first 12 months of operation . . . '~' (' .. -.... ,.,,,, v 101 Zoe ll er Co . All rights rt.served .· Rece i ved Time Dec.20. 6:36PM Jmp&Power Equipment FAX NO. :7137831221 Dec. 20 2005 06:43PM P3 /5 "i!u11L/TY /7vMPG S/NCE /!IJ!l II .---~~~--·~~~ P' Product informatio n presenlod here refle cts condilions at time of publication. Consult factory regarding di~crepenclos or inconsistanr.IAs . l'N6'/NEEHI 0 f f{UIJUlTS SECTION: Z4,20.100 ZM1766 1001 Supersedes 0701 Submmlble W..'1twlller MAIL TO: P.O. BOX 16347 • Lo11iwl/le, KY 4025~347 SHIP TO: 3649 Cane Run R08d • Lo11isvil/e, KY 40211-11161 (502) 778-2731 • 1 (BOO) 928-PUMP • f AX (502) 77 4-3824 visit our web site: · http://www.zoeller.com silimdoa = 71 SERIES PRODUCT FEATURES 3, 5 & 7'/, HP Grinder Pumps APPLICATIONS Sewage lift stattons . • Housing developments. • Low pressure sewer systems. • High vertical lift or long force mains . MATERIAL FEATURES PUMP: • 440 Stainless steel culler ~nd plate hardened to Rockwell C5B..SO . • Discharge Size -2W Flanged horizontal adaptable to 3' flange. Seals -dual mechanical carbon/rotary ceramic/stationary, buna-n nlastomers . • Seal leak probes and lead wires . • Construction -Cast Iron ASTM A-48, Class 30 , 30,000# tensile strength, protected with a corrosion resistant baked on epoxy powder coating. • Balanced concentric pump hous ing and impeller. • Attaching Hardware -304 stainless steel. • 'O' Ring Seals -Buna-N. • Impeller-Bronze vortex design . • Optional: 0 Trimmed Impeller. MOTOR: 0 Silicon carbide seal(s). 0 Additional cord length_ ft D High Flow • 1 Phase -230 Volt (3 & 5 HP Only). • 3 Phase -200/230/460/575 Voll, 3450 RPM . • Stator-Class F insulation and lead wires. Nema B design. • Thermal sensor with leads . • Housing -Cast Iron, oil-filled . 0 Automatic Reversing (3-Phase Only) 0 Rail systems. • Ball Bearings -Upper and lower high carbon chromium steel. • Power & Sensor Cable Length. 25'. FEATURES: 1. 25' heavy duty power cable. 2. Protected cable entrance. The compression grommet allows for field replacement of the cable. 3. Each conductor Is lndlvldually sealed to eliminate cord wicking of liquids , 4. Lifting lug integral part of housing. 5. Oll·fllled motor housing assures uniform heat distributton, lubricates bear- ings, and conducts heat for cooler running . 6. Heavy duty motor features ball bearing construction. Class F molar insula- tion Is double dipped and baked . End connections and lead wires are Class F. At maximum load, winding temperature will not exceed 250' with motor housing not submerged. 7. Tandem seals . Carbon/rotating , ceramic/stationary, buna-n elastomers. 8. Upper and lower high carbon chromium steel ball bearings, 9. Stainless steel shaft and hardware resists corrosion. ' 10 . Seal leak detector probes . (~}-------:-­ (~)--------------- ~9)--------- ~)--------- :\... ,/ (~,,.~ . -----0 ------<D 14. 'Star' type stainless steel cutter and plale hardened to Rockwell C58-60 . 15. Concentric case reduces radial load ing for longer bearing and seal "life . 16. 2Y1' Flanged horizontal discharge adaptable to 3' flange. 17. Vent hole helps prevent air locking. 18. Screw on pipe legs for field flexibility . 19. Class 30 Cast Iron housing protected with corros ion resistant baked on epoxy powder coating . 20 . Finned motor hous ing for quicker head dissipation. For addittonal information on 71 Serles pumps, refer to catalog on Performance Data -ZM1786; Dimens ional Data -ZM1787 ; Gulde Specifications -ZM1767, ZM1771, ZM1769. Service Manual and Replacement Parts Ust -ZM1788 and Own0rs Manual -ZM1789. 11 . ThenTial sensor protection . For information on additional Zoeller products refer lo catalog on Rail Systems - 12. 25'sensorcable . ZM1347; Control Panels· ZM1342 and ZM1343; Float Switch Brackets - 13. High efficiency Impeller design made of cast bronze, fully balanced with ZM1328; Pump Lifting Cables -ZM1328; Check Valves and Piping Accessories integral pump out vane to clear debris. -ZM1348. D ••• : ... ~ T i mP ~ec. 20.~ 6 :36 PM2001ZoellerCo.Allrighlsreserved . FROM :Pump&Power Equipment FA X NO . :7137831221 Dec. 20 2005 06: 44PM P4 . 4hALITY /luMPG SINCE l!l:lff II -·. SECTION: Z4.20.1 . ZM1786 1102 Supe rse des 0901 ·~ Produ ct informatio n prARAnted here reflects cond itions at time of pub li cati on . Consult fnr.tory regarding di~r.rAp1mcles or inr.on~i~tAncles . ~ ~ visit our web site: http://www.zoaller.com .,,__.,. Submertlble Wc1tewa1ar .datlon swoo ... Ill 0:: LU t:i ti:i L0 :::;; 55 80 50 -16 8 156 45 ~ 44 20 35 g ::c 08 0 30 ~ 96 z b -' 25 , •. 84 ~ g 72 20 60 •w,.,.. : ~ 15 48 10 3 FT . MAIL TO : P,0, BOX 16.34 7 • l..iJ11IRvU/s, KY 40256-0347 SHIP TO : 364!} C8ne Run Ro11d • Lou /svil/e, KY 40211 -198 1 (502) 778 -2 '!:11 • 1 (800) ll28-PU/JP • FAX (502) 774-3 824 71 SERIES GRINDER PUMP · PERFORMANCE DATA 3, 5 & 7 % HP -3450 RPM HIGH HEAD MODELS STANDARD IMPELLERS MQ.Q.el 7110 -;-+-+-'--;--+-;-.;-;.+-;-;i 7111 ( 1 Phase) Horsepower -3.0 HP 5.0 HP 5.0HP 7.5HP 7111 (3 Phase) 7112 (3 Phase) - Diameler 5-1/4' 6-1/8' 6-3/8' 7-1/4' ....... '.! ... 1. ; ...... ~ .. f ... 1 •. nt:tJ~·· ,, ,. :p :=: , ,,, ~ •:;: +::. ,~J ~!Il ·~[ij: ~l_t]J .IE-fJi· O--L-........ ~ .......... illilli ...................... illilli ............ ~ ..... llliioojo--..-.............. ,... .... 24 12 5 U.S . GALLON S B 16 24 32 40 48 56 64 72 80 88 96 104 112 120 __ ,,. ·-··---+---~---~--~---r---.. T . LITERS 200 250 .. .. r--- 300 350 0 50 100 150 . 400 45 0 FLOW PER MINU TE UJ I,{) :E '<t e: C\I ,... .... 1~~ ~ x~ ~ ~x~_~cJi gzt--,.. o od>r--g_Ot-;:::~ ~o...~ u.: 0... O · :::: I D. .l,00523 Zoeller Engineered Products• 3649 Cane Run Road• Louisville, Kentucky 40211-1961 • (502) 778-2731 SWPA Data Categories Presented -Data on this sheet supply design Information aa the minimum recommended by the Submersible Wsstewstar Pump Association and Is defined In accordance with SWPA 's Standurdized Definitions for Pump and Motor Chsrscteristk.s. The accuracy of the data Is the responslbl/lty of Zoeller Engfneen1rJ Products. Ci r:6 .... : n3v6ti""pN 2002 Zoeller Co . All rights reserved. Recei ved Tim e Dec. 20. M §. .... I E 8. ! INDIAN LAKES, PHASE IX JANUARY 2006 ATTACHMENT #5 Pump System Curve LIFT STATION #1 ENGINEERING REPORT TI co Q) I 400 350 300 250 SYSTEM CURVE INDIAN LAKE, PHASE IX LIFT STATION ---..__ ,_ 1--'l~j__i_j__j_j__J--J--l---l---l---l---l--1---1---i---l---l---1---1---1---l---l--+-+-+--l-+-+-+--l--l -'--1'--•-1-----L--~- -~-1-1 --l--l-l--l---!--1--l--ll -!l--l---l--l--1--1--1--1--+--+--+--+--+--+--+-+-+-+-+-+--+---~-+---J---+---I ---~-- .____.___,___,___,__ l--l--l--1---+--l --l---1--l--l--l--l--1--1--1--1--l--+--+--+--l---+--+--+--+--+--+--+--+--+1/~),1 ------· ~--- ,/ ---~----.__ ~ -1--1--1--11--1--11--1---1--1--1--1--1--1-+--+--+--+--+--1-+-1-+-+-+--1--+--+--+--+---1 -+-;Y-·v_4_-1_~-~------ --+--1--1--1--1--1--1--1.____.1--1--1---1---1---1---1--1-1-1--1--+--+--+--+--+--+-+--+-+--+--+--+---v-+-+--+------·· --- 1-l--l--l--l---l---l---l---1---1--~--~---1---1---1--+-+-+-4-+-+-+-+-+-+-+-+-+-+-+--I-+/.~~+-+-+-+-+---<----- / _.__ 17 - / --~------· ,_ 1----· 1--1--1 -l--l--1--l--l--+-•-+-+-+-·l--+-+-+-+-+-+-+-+-+-+-+-+-+-+-~"-+/--+-1---+-oA-v--+--+--+-1--'-'--,, I/ ./ l--l -l--l--l--l--·l--l-l---l--•-+-+--l---l---l--+-+--+--+-+-+-+--l--l-+-+1/-A--l---+--+-/-¥--l-+-~--<-----<--<-- l--l--l--l--l--l---l---l--<--l---l--·l---l---l---l---l---l--+-+-+--41-lf---jf---jl--i----.~/-+--+--+---17'~/+--+--l--t-·-!--I--+--+--+-'-.__,__,__~_,__,__,__,_ __ ,-+-+-+--•--+--+--+--+--+--+--+--+--+-t-l-t~/-+--+-+-h"-l-~--1---1---1--+--+-•'--~---~~-~v iV V U 200 +-+-~_,1 --1--1--1--1--1--1--1--1--1--11--e--1--1--1-1--1--1--1-1--~V/+--+--1--_Mv""4---l--~--1--+--+-l/"'-v-r-+--1--+-_,-- E .___,~__J--1--11--1--1--.1--1--1--1--1--1--1--1--1-l---1--l---1---1--~l/..,A--1--+--_+v,..q.._1--+--+--+--1+~_,,..,.._-1--1----'---'--4 -- co I/ I?' __,,r7 c 1--1---1---1---1---1---1---1---1---1--~---l---l---l---l--+-+-+--l-+--l--Y--4-+--i--,,...q:-+-+-+-+--J.--"'+--+--+-~-+-+-+---'--·· --. ..._ . ./ _v I/ ........ aE=E~~=Er=E~~E=E:m=s=s=ft-a ·--·---0 150 ~ / ..,, ..,,v _ ..... I/ ~~-- 2 / ,, ., ./ <--~--~--- ~ I/ V -.J...-«-:+-......--1---+--+--+--+--+--+--~--+--+--+--+--+--__ .__ v _v-1..- ,_, __ -11--l--l--l--ll--1--l---l---l---l---l---l---l-1--1--1--l--+--l--l-l-+--+--+--+-+-+-+--·l--+--I-----L------+ '--- --11--ll--l--1--1--'--1--1-1-1--l--l--l--l--l--1--l--+-l--l--l--l---l---l--+--1---l---l---l---l---l--+-+--l---I----------- o +-...l._...l._...l._...l._+-...l._...l._...L_...L_+-+-+-+-+-+-+--'--'--'--+--'--'--'--'-+--'--'--'--'--+--'---'----'----'---+---'----'----'----'----1 0 10 20 30 40 50 60 70 80 Flow Rate (gpm) • Worst Case • Design • Best Case ~Pump Curve I ' EXHIBITD Copy of Letter to TCEQ Indian Lakes Offsite Sewer System MBESI #10620012 I I I I I lMB 1111 McCLURE & BROWNE ENGTNRERTNG/SURVRYTNG, INC. 1008 Woodcreek D rive, Suite 103 •Co ll ege Station, Texas 77845 (979) 693 -3838 • Fax: (979) 693-2554 • Email : McCJureBrowne @Verizon.net January 25 , 2006 Mr. Louis C. Herrin, III , P.E. TCEQ-MC 148 P.O. Bo x 13087 Austin, Texas 78711-3087 Re: Chapter 31 7 Summary Transmittal Letter Permittee: City of College Station -Lick Creek WWTP Permit Number: TPDES 10024-003 Project Name: Villages oflndian Lakes , Phase 9 -Lift Station, Force Main & Offsite Gravit y System County: Brazos MBESI: #1062001 2 Dear Mr. Herrin: The purpose of this letter is t o provide the TC E Q with the information necessary to comply with the requirements of Ch.317.l(a)(3)(D) of the TCEQ rules titled, Design Criteria for Sewerage Systems. The necessary information includes: 1. Engineering Firm : 2. Design Eng ineer: 3. Facility Owner: McClure & Browne Engineering/Surveying , Inc. 1008 Woodcreek Dr., Suite 103 College Station, Texas 77845 Jeffery L. Robertson, P.E. No. 94745 City of College Station, Brazos County, Texas 4. The plans and specifications that describe the project identified in this letter are in substantial compliance with all requirements of Chapter 317. 5. Project Description: The wastewater improvements that are detailed within this project are located within the ETJ of the City of College Station in Brazos County, Texas, and are designed to connect to the existing wastewater collection system. The city is currently extending sewer lines to a point near this subdivision. The project described here is the second of a two-phased project that will capture wastewater in Phase IX of the Villages of Indian Lakes and carry it to the new line that the City is building . The first phase was submitted under a previous letter. It involves the collection lines within the subdivision. This second phase involves a lift station, force main, and a gravit y sewer line that carries wastewater to the new line currently under construction by the City. Mr. Louis C. Herrin page2 Gravity Wastewater Lines: Number of Services: Residential -0 initially; the line may potentials serve up to 413 with the development of surrounding tracts of land. Amount/Type of Gravity Wastewater Pipe to be installed: I ! Pipe Size (in.) I Material I Length (ft) 8 10 Manholes: Number-9 ASTM D3034, SDR 26 PVC ASTM D3034, SDR 26 PVC 1930 1080 Range of distances between manholes -158 ft to 488 ft Force Main: Amount/Ty, e of Pressurized Force Main to be installed: . S" I Pipe ize . ! ft (in.) Material I Length ( ) 2.5 ASTM D2241, SDR 26 PVC I 4894 Lift Station: Grade(%) Min. I Max. 0.55 1.65 0.40 1.00 The lift station does not lie within the 100-yr floodplain according to FEMA FIRM Panel No. 48041C0215C dated July 2, 1992. Number of Pumps - 2 Pump Model/Manufacturer -71 Series Grinder Pump made by Zoeller Engineered Products, Inc. Size of Pumps -7.5 hp Pump Capacity: Inflow -9.17 gpm (avg); 27.5 gpm (max) Outflow -40 gpm The plans for the Phase IX Lift Station, force main, and offsite gravity line will be reviewed by the City of College Station, and they will also provide construction inspection. If you have any questions regarding this project, please contact me at 979-693-3838. Sincerely, cc: TCEQ Region 9 Office, Wastewater Program City of College Station, Development Services Department ,.... ............. ,,,,,,, --"'"-:"'\ E. OF r~ \\\ ..:-,.~t>-·········· :.r ... ~., : -_, .. ··'*'"·"IS' ,$' * .... ·.... ir '1. ~--... ....,. ~ ...................................... 1. i··~:~~.~ ... ~.f.i.'.~ .. i ~.,,\ 94745 .:r:r:: . ~,~.... ,.:§f; 11 ~··.~(CENs~?,.."-#' ~ '• \S's. ........... ~0.: '\\,/ONAL € ... --- '"'"'''''"" J/it;/o~ I I I I I DRAINAGE REPORT FOR INDIAN LAKES SUBDIVISION, PHASEX NB 11 COLLEGE STATION, TEXAS NOVEMBER 2006 MBESI# 1062-0016 SUBMITIED BY: McCLURE & BROWNE ENGINEERING/SURVEYING, INC. 1008 Woodcreek Drive, Suite 103 •College Station, Texas 77845 (979) 693-3838 • Fax: (979) 693-2554 • Emai l: McClureBrowne@ Verizon.net I I I SUMMARY Indian Lakes, Phase X 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 X. 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 : 79.715e acres Single family residential 40 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 #: 48041C02l5 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 ofFEMA FIRM DESCRIPTION OF DRAINAGE SYSTEMS Primary System : The site is wooded with dense undergrowth . Phase X 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 : 10-yr Return Period (Ditches) 100-yr Return Period (Culverts) Design Methodology Hydrology : Software Model : Time of Concentration : Runoff Coefficients : Hydraulics : Software Model : Manning 's N : Drainage Report Indian Lakes , Phase X Rational Formula Excel Spreadsheet (Rational Method) minimum = I 0 min . 0.40 -Undeveloped area 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 E-1 Culvert #2 Analysis Culvert #3 Analysis Culvert #4 Analysis Ditch Capacity Analysis -Tallulah Trail 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 13 00 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 SWPPP: The contractor shall be responsible for establishing and maintaining the SWPPP in accordance with TCEQ requirements. Drainage Report Page 2 of 2 Indian Lakes , Phase X c( s: ~ c 0 w ..J ..J c( c( D.. c( u.. w w 0 i= I-c CJ a: ..J z c( z c( w z w 0 :5 i!: c( ..J > w ::::e ..J z ~ ~ i:i c w ~ a: CJ ~ iii > ~z ~ z a: w c( ~ o~ c :::> c( a: D.. NO. AC. 0.4 0.66 0.9 ft. 1 14.13 12.95 0.00 1.18 6.24 681.0 2 6.28 5.80 0.00 0.48 2.75 423.0 3 0.88 0.68 0.00 0.20 0.45 114.0 4 3.73 3.27 0.00 0.46 1.72 216.0 Ditch 6.95 5.81 0.00 1.14 3.35 100.0 EXHIBIT C-1 Rational Formula Drainage Area Calculations Indian Lakes Phase X s: 0 s: s: ..J u.. 0 0 c ..J ..J z u.. u.. ~ :5 a: i!: a: ~ ..J 0 ~ ~ a: ..J ~ CJ 0 u w ..J :::> z :::> ..J ..J w > c( CJ ~ CJ ~ w "ii UJ N ,,, 0 u.. > 0 :::> !:::! a !!? a ft. ft. ft. ft/s min min In/Hr cfs In/Hr cfs 11.0 467.0 12.0 1.3 15.1 15.1 5.18 32.3 6.4 39.7 8.0 92.0 2.0 1.1 7.8 10.0 6.33 17.4 7.7 21.2 2.0 211.0 2.0 1.4 3.9 10.0 6.33 2.9 7.7 3.5 2.0 408.0 6.0 1.3 8.1 10.0 6.33 10.9 7.7 13.2 1.0 2062.0 30.0 2.2 16.7 16.7 4.89 16.4 6.0 20.2 0 ,,, 0 .... ,,, a :!: a !:::! In/Hr cfs In/Hr cfs 7.2 44.8 8.2 51.2 8.6 23.8 9.9 27.1 8.6 3.9 9.9 4.5 8.6 14.9 9.9 17.0 6.8 22.8 7.8 26.1 Iii! ~ a In/Hr cfs 9.3 58.1 11.1 30.7 11.1 5.0 11.1 19.2 8.8 29.6 0 0 0 0 .... :!: a In/Hr cfs 10.5 65.4 12.5 34.5 12.5 5.7 12.5 21.6 10.0 33.4 1112/2006 1062-0016-dra.xls Exhibit C-1 Culvert #1 Culvert Description 36"CMP at Sta . 90+33 .23 Ind ian Lakes Dri ve C I rt D I u ve es1an C It I r er a Circular Pipe No . Dia . (ft .) Pipes 3 .00 1 Culvert Analysis Calculatlons Total Flow per Critical Design Flow Pipe Depth(ft .) Storm (cfs) (cfsl de 5 39 .70 39 .70 2 .05 10 44 .80 44 .80 2 .20 25 51 .20 51 .20 2 .33 50 58 .10 58 .10 2 .46 100 65 .40 65.40 2 .61 Elhi = Hwi + Eli ho = TW or (de + D)/2 (Whichever is Greater) n 0 .024 Normal Depth (ft.) 2 .16 2 .41 3 .00 3 .00 3 .00 In ve rt Outlet Elev. (Eli) Elev. (ELo) (ft.) (ft.) 246 .49 244 .67 EXHIBIT D-1 CULVERT ANALYSIS INDIAN LAKES PHASE X Culvert Top Length Slope of (ft.) (II/ft) Road 114.00 0 .0160 255 .92 ELhi --r=== TopofRoad ~ELho ~:--1;--------~ H _./-- - - - - -TW Eli Proposed Culvert ~ - - - - --'-- ELo Outfall Channel Desi n Criteria Lt . Side Rt.Side Bottom Slope Slope Slope W idth n ke I fl/ft ?:1 ?:1 ft . 0 .50 I 0 .0 178 4 .00 4 .00 4.00 0.024 HEADWATER CALCULATIONS Control Type Outlet INLET CONTROL HWi/D HWi ELh i 1.23 3.69 250 .18 1.36 4 .09 250 .58 1.55 4 .66 251 .15 1.79 5 .36 251.85 2 .06 6 .19 252 .68 H = (1 +ke+((29'(n'2)"L)/R"1 .33))'((v"2)/2g) Elho =Elo+H+ho TW 0 .84 0 .90 0 .98 1.06 1.14 OUTLET CONTROL de (de+ D)/2 ho 2.05 2 .53 2.53 2 .20 2 .60 2.60 2.33 2 .67 2 .67 2.46 2 .73 2 .73 2 .61 2 .8 1 2 .81 HW of H ELho Elev. Control 2.10 249.30 250 .18 Inlet 2.68 249 .95 250 .58 Inlet 3.50 250 .84 251 .15 Inlet 4 .51 251 .91 251 .91 Outlet 5 .71 253 .19 253 .19 Outlet Velocity Freeboard (fps) (ft.) 7.29 5.74 7.37 5 .34 7.24 4 .77 9.37 4 .01 10.02 2 .73 11/212006 1062-00 16-cul-1.xls Exhi bit D-1 Culvert#2 Culvert Description 36" CMP at Sta . 19+21 .91 Matoska Ridge Drive Culvert Design Criteria Circular Pipe No. Dia. (ft.) Pipes 3.00 1 Culvert Analysls Calculations Total Flow per Critical Design Flow Pipe Depth(ft .) Storm (cfs) (cfs) de 5 21 .20 21.20 1.45 10 23 .80 23 .80 1.58 25 27 .10 27 .10 1.70 50 30 .70 30 .70 1.82 100 34.50 34 .50 1.93 Elhi = Hwi + ELI ho = TW or (de + D)/2 (Whichever is Greater) n 0 .024 Normal Depth (ft .) 2 .08 2 .29 2 .67 3 .00 3 .00 EXHIBIT D-2 CULVERT ANALYSIS INDIAN LAKES PHASE TEN -- "';~::F---~T::·~/y" __/' -------TW Eli Proposed Culvert ~ - - - - --'-__ Invert Outlet Culvert Elev. (Eli) Elev. (Ela) Length (ft .) (ft .) (ft .) 244 .83 244 .40 86 .00 INLET CONTROL HWi/D HWi ELhi 0 .89 2 .66 247.49 0 .92 2.77 247 .60 0 .97 2 .92 247 .75 1.04 3 .12 247 .95 1.12 3 .35 248 .18 H = [1 +ke+((29"(n•2)'L)/R•1 .33)]"((v"2)/2g) Elho=Elo +H+ho 0 tf II Ch u a Top Slope of Slope (fl/ft) Road ke I (fl/ft) 0 .0050 248.67 0.50 I 0.0227 HEADWATER CALCULATIONS OUTLET CONTROL TW de (de + D)/2 ho 0 .96 1.45 2 .23 2 .23 1.00 1.58 2.29 2 .29 1.06 1.70 2 .35 2 .35 1.11 1.82 2 .41 2 .41 1.15 1.93 2 .47 2 .47 anne Deslan Cr ter a Lt . Side Rt.Side Bottom Slope Slope Width (?:1) (?:1) (ft .) 4 .00 4 .00 0.00 Control HW H ELho Elev . 0 .50 247 .13 247.49 0.64 247.33 247 .60 0 .82 247 .57 247.75 1.06 247 .87 247 .95 1.34 248 .20 248 .20 n 0 .024 Type of Control Inlet Inlet Inlet Inl et Outlet Ela Outlet Velocity Freeboard lfos) (ft .) 4 .04 1.18 4 .11 1.07 4.08 0 .92 4 .34 0 .72 7.18 0 .47 111212006 1062-0016-cul-2 .xls Exhibit D-2 Culvert#3 Culvert Design Criteria Culvert Description Circular Pipe No . 24 "CMP Dia . If!.) Pioes n 2 .00 1 0 .024 Tallulah Trail C I rtA I I CI I ti u ve na1vs s a cu a ons Total Flow per Critical Normal Design Flow Pipe Depth(ft .) Depth Storm (cfs) (cfs) de (ft .) 5 9 .90 3.50 0 .65 0 .88 10 11 .20 3 .90 0 .65 0 .94 25 12 .90 4 .50 0 .75 1.02 50 14.60 5 .00 0.75 1.09 100 16.50 5 .70 0 .80 1.18 Elhi = Hwi + Eli ho= TW or (de + D)/2 (Whichever is Greater) EXHIBIT 0-3 CULVERT ANALYSIS INDIAN LAKES PHASE TEN ---- Elhi ~ ,z= Top of Road Elho !HW; LF--------~~ _/'--------~~ Eli Proposed Culvert __::::;::t' - - - - --'--- Ela Outfall Channel Design Criteria Invert Outlet Culvert Top Lt.Side Rt.Side Bottom Elev. (Eli) Elev. (Elo) Length Slope of Slope Slope Slope Width n (ft .) (ft .) (ft .) (ft/ft) Road ke I (ft/ft) 1?:1) 1?:1) (ft .) 258.56 258.20 72.00 0 .0050 261 .93 0 .50 I 0 .0244 4 .00 4.00 0.00 0 .024 HEADWATER CALCULATIONS Control Type Outlet INLET CONTROL HWi/D HWI Elhl 0 .78 1.55 260 .11 0 .78 1.57 260.13 0 .80 1.59 260.15 0.81 1.61 260 .17 0 .82 1.65 260 .21 H = [1 +ke+((29"(n"2)"L)JR •1 .33))"((v•2)/2g) Elho = El o+ H +ho OUTLET CONTROL TW de (de+ D)/2 ho 0 .71 0 .65 1.33 1.33 0 .75 0.65 1.33 1.33 0 .79 0 .75 1.38 1.38 0 .82 0 .75 1.38 1.38 0 .86 0.80 1.40 1.40 HW H Elho Elev . 0 .09 259 .61 260 .11 0 .11 259 .63 260 .13 0.14 259 .72 260 .15 0 .18 259 .75 260 .17 0.23 259 .83 260 .21 of Control Inlet Inlet Inlet Inlet Inlet Velocity Freeboard (fps) (fl.) 2 .62 1.82 2.70 1.80 2.79 1.78 2 .86 1.76 2 .95 1.72 11 /212006 1062-0016-cul-3 .xls Exhibit 0 -3 - Culvert#4 Culvert Description 24 " CMP at Sta . 63+68 .00 Street 3 Culvert Design Criteria Circular Pipe No . Dia . (ft .) Pipes 2 .00 1 Culvert Analysls Calculatlons Total Flow per Critical Design Flow Pipe Depth(ft .) Storm (cfs) (cfs) de 5 13.20 13.20 1.30 10 14.90 14.90 1.40 25 17.00 17.00 1.50 50 19.20 19.20 1.55 100 21.60 21 .60 1.70 El hi = Hwi + Eli ho = TW or (de + D)/2 (Whicheve r is Greater) n 0 .020 Normal Depth (ft .) 2 .00 2 .00 2 .00 2 .00 2.00 - EXHIBIT D-4 CULVERT ANALYSIS INDIAN LAKES PHASE TEN ELhi ~ _.,=--Top of Road ~ELho ----.!_HW-i -:c..:-I ~ --------~ H __/-- - --- -~ - -TW Eli Proposed Culvert -- --'- Outfall Channel Design Criteria Invert Outlet Culvert Top Lt . Side Rt.Side Bottom Elev. (Eli) Elev . (ELo) Length Slope of Slope Slope Slope Width (ft .) (ft.) (ft .) (ft/ft) Road ke I (ft/ft) (?:1) (?:1) (ft.) 252 .41 252 .04 74 .10 0 .0050 256 .48 0 .50 I 0.0240 4 .00 4 .00 0 .00 HEADWATER CALCULATIONS Control INLET CONTROL HWi/D HWi ELhi 1.16 2 .31 254 .72 1.27 2 .54 254 .95 1.43 2 .85 255 .26 1.61 3 .23 255.64 1.84 3 .69 256 .10 H = [1 +ke+((29•(n •2)"L)/R•1.33))"((v•2)/2g) ELho=ELo +H +ho TW de 0 .79 1.30 0 .83 1.40 0 .88 1.50 0 .92 1.55 0 .96 1.70 OUTLET CONTROL HW (de+ Dl/2 ho H EL ho Elev . 1.65 1.65 1.00 254 .69 254 .72 1.70 1.70 1.28 255.02 255 .02 1.75 1.75 1.67 255.46 255.46 1.78 1.78 2.13 255 .94 255 .94 1.85 1.85 2 .69 256 .58 256 .58 n 0 .024 Type of Control Inlet Outlet Outlet Outlet Outlet ELo Outlet Velocity Freeboard (fos) (ft .) 4 .20 1.76 6 .34 1.46 6.73 1.02 7.35 0 .54 7.59 -0 .10 1112/2006 1062-0016-cul-4.xls Exhibit D-4 I A 240 1--~-"'-~~~~~~~~~~~~ Prop. Ditch 1.2 Deep (min. 0 5 = 10.2 CFS 0 10 = 11 .6 CFS 0 25 = 13 .3 CFS 0 50 = 15.1 CFS 0 100= 17 .1 CFS Ditch Station Ditch Slope Cross-Section Area n Value Wetted Perimeter Capacity of Ditch 51+42.64 0.5% 5 .26 SF .024 9.47 LF 15.60 CFS 10+00 11+00 DITCH CAPACITY ANALYSIS TALLfJLA.11 TRAIL DID/AN LA!aS PHASE X McCLURE & BROWNE ENGINEERING/SURVEYING. INC. 1008 Woodcreek Drive, Suite 103 College Station, Texas 77845 ~ (97 9) 69 3-3838 fiB Exhibit E-1 I I MB 1 I DRAINAGE REPORT FOR INDIAN LAKES SUBDIVISION, PHASE IX COLLEGE STATION, TEXAS December 2005 MBESI# 1062-0012 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 I I GENERAL INFORMATION Area encompassed by this phase : Anticipated land use : Anticipated number of lots : Indian Lakes, Phase IX Drainage Report MBES/#1062-001 2 15.4 acres Single family residential 42 lots o=;-.:13~ l J-.1 ( °!/ D5" 0 1.tf-l li.<Y Notes on surrounding development: The area surrounding the site is developed with existing phases of Indian Lakes on all sides . 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 ofFEMA FIRM DESCRIPTION OF DRAINAGE SYSTEMS Primary System : The site is wooded with dense undergrowth. The topography slopes toward Lake Arapaho , which is located on a tributary of Peach Creek. Peach Creek flows to the Navasota River . Secondary System : Runoff from the residential lots will be captured in the streets by curb and gutters . It will then be conveyed to the natural streams by 3-6' flumes proposed with the development. A corrugated metal pipe will be used for the entrance road culvert, but no other underground storm drainage is included in the project. Applicable Exhibits : B -Drainage Area Map SECONDARY STORM DRAIN DESIGN Design Storm : 10-yr Return Period (Streets) Design Methodology Hydrology : Software Model: 100-yr Return Period (Flumes & Culverts) Rational Formula (Culverts) Time a/Concentration : Excel Spreadsheet (Rational Method) 10 min. Runoff Coefficient: Hydraulics: Software Model: Manning 's N : 0 .55 -Residential areas Manning 's Equation Excel Spreadsheet 0 .024 (corrugated metal) 0 .013 (concrete pavement) Applicable Exhibits : C-1 Rational Formula Drainage Area Calculations C-2 Settlement Drive Culvert Analysis C-3 Wastewater Treatment Plant Driveway Culvert Analysis C-4 6 ' Flume Analysis C-5 Typical Street Capacity Drainage Report Indian Lakes, Phase IX .,;'•:it.. ~"'-...... ,, ~..;•"-.OF r12 \\l ..;--<\>-· ......... :.t-... '• .:::' 0' ...-·*·· ... ""'5' ,, ~*/ ~ · .. ·""'" ff.~./ ....................... \.~.~ ~ JEFFERY L. ROBERTSON ~ ~··················· .. ··················~ ~ -0:.. 94745 /ffi" .. ,~.... /{,IJ! 111 ~··.~(~ENS~?.·°(?} _? ~~~ll- 1!1 ), ftfos- Page 1 of3 I I I General Note : Detention for Phase IX of Indian Lakes Subdivision is provided by Lake Arapaho, which was constructed with Phase I of the subdivision . The lake and its accompanying outlet works were designed to capture and store runoff from the 390-acre drainage basin above · the dam . The table that follows is an excerpt from the Engineering Report for Lake Arapaho prepared by East Texas Engineers , Inc . in September 2002 . The Peak Inflow figures are based on post-development runoff rates . It shows that all rainfall events have been analyzed during the design of the lake and provisions made to store and release water at a significantly reduced rate . i Peak Max. Lake Flood i Peak Inflow I Outflow Level Event (cfs) (cfs) (feet msl) PMF 7794 3113 264 .9 48 .1% 3750 958 262 .2 PMF 100-yr 1536 201 260 .0 50-yr 1305 153 259 .7 25-yr 1100 114 259.4 10-yr 877 113 259 .0 5-yr 660 94 258 .6 2-yr 429 57 258.3 Note that for all standard design storms (2-yr through 100-yr) the peak outflows are approximately 10-15% of the peak inflow . No pre-development runoff rates were computed with the analysis of the lake, but the report indicates that an SCS Curve number of 82 was assumed for these post-development computations . The large, rural estate lots that are planned for most of the Indian Lakes Subdivision have a very small percentage of impervious cover associated with them , so the SCS Curve number for the pre-development condition would have been only slightly less than the post-development Curve number. This implies that only small increases in runoff rates would be expected between the pre- and post-development scenarios . Phase IX is developed much more densely than other phases, but when considered in conjunction with the overall drainage basin, it does not significantly alter the SCS curve number enough to warrant additional detention . The high capacity for storage that the lake offers will easily offset any small increases in runoff rates resulting from the Phase IX development. EROSION AND SEDIMENTATION CONTROLS Control Measures: SWPPP : Silt fence Hydromulch seeding Rock Filter Dams Straw Bale Barriers Construction entrance/exit The contractor shall be responsible for establishing and maintaining the SWPPP in accordance with TCEQ requirements . Drainage Report Indian Lakes, Phase IX Page 2 of3 SUMMARY Drainage Report Indian Lakes, Phase IX Indian Lakes Subdivision, Phase IX is a subdivision for single-family residences on lots that are approximately 0 .25 acres in size . Overall detention for this development has been accounted for with Lake Arapaho built in Phase I. Proposed improvements within the development are designed using guidelines in the City of College Station 's Drainage Policy and Design Standards . Page 3 of3 I I IND/AN LAK{S PHASE IX N.T.S . I I /I II I l \\ EXHIBIT A Flood Insurance Rote Mop Excerpt Brazos County. Texas and Incorporated Areas Map Numbers: 48041C0215C Effective Dote : July 2. 1992 i5 3: c 0 a: w ..J ..J < i5 II. :$ u. w 0 I-c (!) a:: ..J I-z < z < < w z w 0 ~ ::c ..J ~ i5 w :Iii ..J z c a:: I-~ ~ w < w (!) (ij > I->z g ~~ w < 0 c a:: II. I-o~ NO. AC. 0.4 0.55 0.9 ft. 1 .0 2.39 0 .00 2.39 0 .00 1.31 205 .0 2 .0 3.31 0.00 3.31 0 .00 1.82 431.0 3 .0 2 .95 0 .00 2.95 0 .00 1.62 400.0 Cul 1 0 .88 0 .64 0 .00 0 .24 0.47 401 .0 EXHIBIT C-1 Rational Formula Drainage Area Calculations INDIAN LAKES , PHASE IX 3: 0 5:: 5:: ..J u. 0 0 c ..J ..J z u. u. ~ ~ a: ::c a:: u w I-w (j I-u a:: ..J I: (!) I: ..J 0 I- w ..J ~z ~..J ..J c.i w >< ~ ;;; I/) a .., 0 u. (!) ~ (!)~ 0 ~ N .., a ft. ft. ft. ft/s min min In/Hr cfs In/Hr cfs 6 .0 260 .0 3.5 1 .6 4 .7 10 .0 6 .33 8.3 7 .7 10 .1 6.0 337 .0 4 .0 1 .1 11.2 11 .2 6 .00 10 .9 7.3 13.3 8 .0 120.0 2 .0 1.2 7 .5 10.0 6 .33 10 .3 7.7 12.5 9 .0 121 .0 3 .0 1.3 7 .0 10.0 6 .33 3 .0 7 .7 3 .6 0 .., 0 .... .., a .... a N In/Hr cfs In/Hr cfs 8.6 11.4 9 .9 13.0 8.2 15 .0 9.4 17 .1 8 .6 14 .0 9 .9 16.0 8 .6 4 .1 9.9 4 .7 0 0 .., .., a In/Hr cfs 11 .1 14 .7 10.6 19 .4 11 .1 18.1 11 .1 5 .3 0 0 0 0 .... :!: a In/Hr cfs 12 .5 16 .5 12 .0 21 .8 12 .5 20 .3 12 .5 5.9 12/1 512005 106200 12-dra .xls Exhibit C-1 - CULVERT#1 ...... ··-.. Culvert Description Circular Pipe No. 24"CMP Dia. <ft.\ Pioes n 2.00 1 0.024 --· --· .. ,,,,,_.,_,_ --·-... --.. ·-··-Total Flow per Critical Normal Design Flow Pipe Depth(ft.) Depth Storm (cfs) (cfs) de (ft.) 5 3.60 3.60 0.65 0.71 10 4.10 4.10 0.65 0.76 25 4.70 4.70 . 0.75 0.82 50 5.30 5.30 0.75 0.87 100 5.90 5.90 0.80 0.93 Invert Elev. (Eli) (ft.) 278.20 Outlet EXHIBIT C-2 CULVERT #1 ANALYSIS INDIAN LAKES, PHASE IX Culvert Top Elev. (ELo) Length Slope of (ft.) (ft.) (ft/ft) Road 276.90 110.00 0.0118 281.75 ELhi ~ ~ TopofRoad tHWi ~.---~~~ELho ~------1.D --------":::... H 4 - - -ELI_/' ---~ - -TW Proposed Culvert ~ • - - -'---ELo --H-•O -··-····-· ____ ,.. __ -···---~ Lt. Side Rt. Side Bottom Slope Slope Slope Width n ke I (ft/ft) (?:1) (?:1) (ft.) 0.50 I 0.0050 5.00 4.00 0.00 0.024 HEADWATER CALCULATIONS Control Type Outlet INLET CONTROL OUTLET CONTROL HWi/D HWi ELhi TW de (de+ D)/2 ho H 0.46 0.93 279.13 0.61 0.65 1.33 1.33 0.12 0.50 1.01 279.21 0.65 0.65 1.33 1.33 0.16 0.54 1.08 279.28 0.69 0.75 1.38 1.38 0.21 0.58 1.17 279.37 0.73 0.75 1.38 1.38 0.27 0.62 1.24 279.44 0.75 0.80 1.40 1.40 0.34 HW of ELho Elev. Control 278.35 279.13 Inlet 278.39 279.21 Inlet 278.49 279.28 Inlet 278.55 279.37 Inlet 278.64 279.44 Inlet Velocity (fps) 3.62 3.76 3.89 4.01 4.13 Freeboard (fl.) 2.62 2.54 2.47 2.38 2.31 10/26/2005 10620012-C2 Exhibit C-2 EXHIBIT "C-3" TYPICAL FLUME w/CURB CAPACITY Capacity of 6' Concrete Flume 1 O' Common Area 2' 6' 2 ' TYPICAL 8' FLl!J« 1(/CVRB SECTION N1S Calculation for 1 O' Wide Common Area Area = 6.50 sf n -0.013 Pw = 11 .12 ft s = 0.63 From Mannings Equation Q= 1 .49 A Rh~ sJ2 n Q-1 .49 (6 50) f-5 .5 o )?' 3 (0 006) >2 -0.013 . \! 1. 1 2 . Q= 40.3 cfs --- Exhibit ·c-3" 106200012-DRN.dwg EXHIBIT "C-4" TYPICAL FLUME CAPACITY Capacity of 6' Concrete Flume 6' o.s· (min .) TYPICAL 6' FLUME SECTION Calculation for 1 O' Wide Drainage Esm't. Area -4.12 sf n -0 .013 Pw = 10 .12 ft s = 0 .6% From Mannings Equation Q= 1 .49 A Rh~ s>1 n Q-1 .49 (4 12) f-4 -12 )?13 (0 006) Yi -0.013 . \J0.12 . Q= 20.09 cfs Exhibit ·c-4· 106200012-DRN.dwg I EXHIBIT "C-5" lYPICAL STREET CAPACllY Street capacity of 26' Concrete Streets 1 Opost Q=27 .2 cfs 1 OOpost Q=40 .4 cfs 26' TYPICAL 28' STREET Calculation for 6" Depth of the Cross-Section (One travel lane) Area -6.08 sf n -0 .013 Pw = 29.1 ft s = 0.7% From Mannings Equation Q= 1 .49 A Rh~ sJ2 n O= 0\)~9):6 .os) (~~~ )~3 (o .oo7)J2 Q= 20.52 cfs Exhibit ·c-s· 106200012-0RN.dwg FAX NO. :9796909797 Jan. 11 2007 10:06AM P2/2 FRO M :Texdon .General Contractors FAX NO. '. JAN -11-2007 THU os:35 AM . LETTER OF COMPLBTJ.ON fJcar Sit1 Tho purJIOJG of Ol.lr I~ iii ta roq~t that tlie fOllawlrlg lilttd iliij)to~ ~ .oproved am 11:~ ubdq oon~ Ulldiar oilylllaJ*tion aJl4 ~'!Opltt«\ JD~ to p'Wia and ~tttloas u approv.a aJ1,d ~··by Ult Ciey ofCotl11S1D StidoP:, 'l'exp . 1this approv.l snd a~taitU by &bi Clfy £4 ~«! in ard.Jr tat ·we.1TJ&f 6dllaa JAY .fill>.. con~~ fl) flfllmr thettw~y on Ute wock. tfii~ •pprovaJ atJd, ~artue by ihf! City of il!I impraW.n\11(1." lil(ttd below doM ~void tho tQttd ot,·~ee tot tht Hated i.mpr~ Qlliho-'>ova ~ pco~. Tbe CID6yeat ~la hcte\Jy ~ W ~ W 0y ....._.....,w...,Ifll.._qp_J!.__ _____ ._ ,__._..and~ dMllt lll~ton b In~ by~ l*ow. (,.,/ ' ~") j -.,) (L 07 , I I.) Uiili µ.,reu1t1lltttw ACCUT ,\NCI AND Al'hO P. 02 r Carol Cotter -FW: Indian Lakes -Phase 9 Water Line Inspection From: "Travis Martinek" To: "Carol Cotter (E-mail)" Date: 1/8/2007 12:46 PM Subject: FW : Indian Lakes -Phase 9 Water Line Inspection Carol , See below ... Th is is Wellborn Water's acce ptance of the wa terlines at Indian Lakes Phase 9 . Thanks, Travis -----Original Message----- From: Stephen Cast [mailto:wsud.scc@verizon.net] Sent: Monday, January 08, 2007 11:23 AM To: Travis Martinek Subject: Re: Indian Lakes -Phase 9 Water Line Inspection Page 1of2 Wellborn Special Utility District has inspected and approved the water lines constructed in Phase 9 Indian Lakes . Please Give me a call if additional information is needed . Stephen Cast Wellborn Special Utility District PO Box 12 Wellborn , Texas 77881 -----Original Message ----- From: Travis Martinek To: _S_t~p hen Ca _$..L(E:Inail) Cc: Carol Cotter (E-mail) Sent: Wednesday, December 13, 2006 2:54 PM Subject: Indian Lakes -Phase 9 Water Line Inspection Stephen , We are looking at filing the plat for the patio homes at Indian Lakes (Phase 9) sometime in the next few weeks or so . The City will require a letter from you showing your acceptance of the waterlines . Also, it would be great if I could have a copy of the bacteria tests for the waterlines (fax would be fine ... 846-1461) An email reply to this should suffice. Also , please include Carol Cotter in your email. Thanks , Travis Martmek Clarke & Wyndham, Inc. 3608 East 29th Street, Suite 100 file://C:\Documents and Settings \ccotter.CSTX\Local Settings\Temp\XPgrpwise\45A23D20City o... 1111/2 007 172007) Carol Cotter -Ind ian Lakes Ph .9 From: To: Date: Subject: Gary Arnold <garnold@co .brazos .tx .us> Carol Cotter <Ccotter@cstx .gov>, Travis Martinek <Travis@clarkewyndham .com > 1/11/2007 11 :55 AM Indian Lakes Ph .9 Was approved in Comm. Court March 21,2006 Page 1 I (2/1/2007) Deborah Grace -Re : Indian Lakes Phase 9 From: To: Date: Subject: Gary Arnold <garnold@co .brazos .tx .us > Deborah Grace <DGRACE@cstx .gov> 2/1 /2007 9: 16 AM Re: Indian Lakes Phase 9 Brazos County is Ok Deborah Grace wrote : > Gary , Carol wants something in the final plat folder from you saying > that we are OK to file the plat. If you could reply to this e-mai l >this would be sufficient. Thanks much ! > > College Station . Heart of the Research Valley . > > > > Page 1 I Deborah Grace -Fwd: Indian Lakes Ph. 9 From: To: Date: Subject: FYI Carol Cotter Deborah Grace 1/30/2007 3:43 PM Fwd : Indian Lakes Ph . 9 >>>Gary Arnold <garnold @co .brazos.tx .us > 1/11/2007 11 :53 AM >>> Was approved in Comm. Court March 21 , 2006 Page 1 of · ile ://C:\Documents and Settings\dgrace. CSTX\Local Settings \ Temp\XPgrp w ise\45 BF67A1 City of Co ll ege... 1 /30 /200 ' SMD SMILING MALLARD DEVELOPMENT, LTD. May 18, 2006 Carol Cotter City of College -Planning & Development Services 1101 Texas Avenue, P.O. Box 9960 College Station, Texas 77842 Dear Carol: Th is letter is submitted at the request of the City of College Station as a condition of approval and acceptance of the construction plans for on-s ite improvements (streets, drainage, and utilities) for Indian Lakes Phase 9. For the purposes of clarifying how sanitary sewer will be handled in the interim between the completlon of on-site improvements and the necessary off-site connections to the City's sanitary sewer system, Smiling Mallard Development (SMD) intends to temporarily store and periodically pump effluent from a lift station, to be constructed in accordance with the plans submitted to the City, within the boundary of Phase 9. SMD shall be responsib le for the coordination of and payment for the pumping and disposal of the effluent. Once the off-site facilities, including the force main and gravity lines to be constructed by SMD and the Nantucket line extension, are in place, pumping will terminate and the effluent will be disposed of through the newly constructed off-site facilities. If the City of College Station has any questions or comments regarding this clarification or other matters relating to Indian Lakes Phase 9, please do not hesitate to contact me at the phone number provided below. Thank you for your time and consideration. Sincerely, c-;)~<111~ Travis Martinek , / "" Smiling Mallard Development, Ltd. Administrative Offices 3608 E. 29th Street, Suite 100 • Bryan, Texas • 77802 Phone: (979) 846-4384 •Fax: (979) 846-1461