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Ord. 2000M-0096 2013-01-31ORDINANCE NO. 2000M-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING AS REFLECTED ON THE ZONING MAP EXHIBIT ATTACHED TO THIS DOCUMENT. ZONE CHANGE 2012-16Z, A REQUEST OF THE CITY OF PEARLAND FOR APPROVAL OF A ZONE CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE AND GENERAL BUSINESS (GB) ZONE WITH CONDITIONAL USE PERMITS (CUP'S) ON SPECIFIED PROPERTIES (AS LISTED IN THIS ORDINANCE), PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, The City of Pearland, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district from Suburban Development (SD) to Planned Development (PD) and General Business (GB) with Conditional Use Permits (CUP's) on specified properties (as listed in this ordinance); said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A", and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 19th day of November, 2012, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 19th day of November, 2012, the Planning and Zoning ORDINANCE NO. 2000M-96 Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of The City of Pearland, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development (SD) to Planned Development (PD) and General Business (GB) with Conditional Use Permits (CUP's) on specified properties (as listed in this ordinance), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 10th day of December, 2012. WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of The City of Pearland, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently classified as Suburban Development (SD) to Planned Development (PD) and General Business (GB) with Conditional Use Permits (CUP's) on specified properties (as listed in this ordinance), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described in the attached zoning map. The Conditional Use Permits, as referenced in this ordinance, are listed below: Page 2 of 4 Ord No 2000M-96 ORDINANCE NO. 2000M-96 Address UDC Land Use Matrix Classification 1) 1820 Country Place Hotel/Motel 2) 1906 Country Place Child Day Care Center (Business) 3) 1908 Country Place Hotel/Motel 4) 1970 Country Place Auto Repair (Minor) Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Page 3 of 4 Ord No 2000M-96 ORDINANCE NO. 2000M-96 Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of January, 2013. ATTEST: FIN , TY SECRETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of January 2013. ATTEST: RFlAPMC Y• TY SECRETAR AP ROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ,WIII>ate 61 1,00 T�I01 REID MAYOR Page 4 of 4 Ord No 2000M-96 Country Place Planned Development (Former MUD 4) Prepared by: City of Pearland November 2012 Ordinance No. 2000M-96 Exhibit "A" I. Introduction A. Description of the Subject Property. The subject property generally encompasses the majority of former Municipal Utility District 4 (see exhibit of PD Boundary Map). The commercial property along Country place is not included in the boundary of the PD district. In addition to the Country Place property, there is approximately 6 acres of land at the northwest corner of State Highway 288 and Shadow Creek Parkway which is also included in the boundary of the PD district. B. Description of Proposed Development. The PD is largely residential. Properties north of McHard Road are single-family residential homes. Properties south of McHard Road are single-family residential homes and townhouses. Both sides of McHard Road contain open space in the form of a golf course and associated home owners association buildings and recreation centers. The property at the northwest corner of State Highway 288 and Shadow Creek Parkway is commercial and allowed land uses are detailed in the PD document. C. Describe the area of land in acreage. Approximately 650 acres D. A statement as to the purpose and intent of the PD district established therein. This PD document is being created as a result of the need to zone the property in question following annexation of Municipal Utility District 4 becoming effective December 31, 2012. The intent of the PD is to allow existing residential and commercial uses to remain and conform to zoning placed on the property. 11. Zoning and Land Use. A. Describe the existing zoning districts and the boundaries of said districts. N/A — The property was not located within the Corporate boundaries of Pearland prior to being zoned by this PD. B. Describe the base zoning district(s) to be overlaid, together with the boundaries of the district(s), and describe the areas in acreage of each different district. Single-family residential properties: R-3 will serve as the base zoning district for the property, with the exception of front, side, and rear yard setbacks. Setbacks applied to these properties will be the same as those indicated in the applicable recorded subdivision plat and recorded restrictive covenants for the area in place at the time of adoption of this Planned Development. Townhome properties: TH will serve as the base zoning district for the property, with the exception of front, side, and rear yard setbacks. Setbacks applied to these properties will be the same as those indicated in the applicable recorded subdivision plat and recorded restrictive covenants for the area in place at the time of adoption of this Planned Development. Existing Open Space/Golf Course: R-3 will serve as the base zoning district for the property. Commercial property west of 288: BP -288 will serve as the base zoning district for the property. Specific use deviations from the allowed uses in the UDC for the BP -288 zoning district are detailed in this PD document. C. The permitted, conditional and accessory uses authorized in the district, the location of such uses, the residential densities or other measurements of development intensity associated with base districts or phases of the development in conformance with the approved Design Plan. Single-family residential properties: R-3 will serve as the base zoning district and associated allowable uses in the UDC will apply. Townhome properties: TH will serve as the base zoning district and associated allowable uses in the UDC will apply. Existing Open Space/Golf Course: R-3 will serve as the base zoning district and associated allowable uses in the UDC will apply. Commercial property west of 288: BP -288 will serve as the base zoning district. All allowed uses in the BP -288 zoning district are permitted uses, with the following additions: • Dry Cleaner with plant • Shoe store • Video Rental/Sales • Variety Store • Restaurant with or without Drive-thru • Tailor • Pet Shop • Hobby Shop • Business Service/Retail • Auto Parts (no outside storage or display) III. Design standards applicable to the development. A. Signage, Landscaping, Fencing, Parking, Screening, Trees, etc. N/A B. Refer to Design Plan and describe which aspects of plan are precise and which are general. N/A C. A specific list of deviations from standards in the base zoning district(s), together with any standards in the ordinance which are to be varied for development within the PD district. Front, side, and rear setbacks applied to these properties will be the same as those indicated in the applicable recorded subdivision plat and recorded private restrictive covenants for the area in place at the time of adoption of this Planned Development. All other requirements of the Unified Development Code shall be met unless specifically addressed in this Planned Development or in the restrictive covenants in place at time of adoption. D. Add a note that all requirements of the Unified Development Code will be met, unless specifically mentioned in this Planned Development. Note added above. IV. Required dedications of land or public improvements N/A V. A phasing schedule for the project, where applicable, setting forth the dates for submittal of site development plans and the timing of performance by the developer for dedications of land or public improvements and satisfaction of any conditions in relation to the phasing of development, where applicable. N/A VI. Exhibits A. Design Plan N/A B. Building elevations, renderings and other information pertinent to the proposed N/A C. Land Use Exhibit Attached D. Subdivision Plats for platted property within the PD Attached E. Private covenants as attached or recorded with the County prior to the date of ordinance adoptions. Attached PUD Proposed Zoning Map with CUP's Indicated MUD 4 (Country Place) Zoning Implementation This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 310 620 1,240 Feet 1 1 1 1 1 1 1 1 ' 90 005045 F.D. DRAKE A-503 ( N. 1/2 SEC. 2 ) U.S. NOME CORPORATION 6 � / ti '9o, ORAZORIA COUNTY PLAT RECORDS VoI,_Pape,2Laa MEANDERS OF THE CENTERLINE OF CLEAR CREEK AS LOCATED IN NOVEMBER, 1997 TOM BAS REGIONAL HARRIS COUNTY PARK COUN)RYPLOCE GOLF COURSE, INC. Aj .. U.S. S NOME CORPORATION „ RI 4'A 6' HARRIS COUPorV /J RESERVE G twrite, To Roam.. m uZ iswcrilo-- y'h9 • N.D. DRAKE �.\ A-510 ( S. 1/2 SEC. 2 ) ICI C0.10 MOO mo WM. 111 IlfrO .21 MOO 01.471P • CII 4W110.1. 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AM 1135 p em mcON . 0* pp7A .+ w mewl 5!33111 a, 1 11 14 I•+ mo it / MIR a 11®17 maala:lf DISTANCE BEARING 610 11 g LIP 41.71 • IgAr 1.011 MAI alter UAW WIN Fief SOY MAW lag 11.11.110 ALI 4141.. • 10. VICINITY NAP SCALE 1' « 1,000' • +...ma M«x. lr a. N,+ w mlm r ..r��"`w..r"r."'i.a 11°11 a ad r ..r WY • .+.n . Max.r x w A. (m) 4M. ...,a. . a.. Re) .)4. R.xr . qrm. waw 0 .. w MwF. + rmr Im I. el •S.u.xl 011W W4 .+Mr Awn .w, mr.•Yalma P Nwb Mw 0. µ � .2..v �x .1 PLI 110 Frag. ,."'.i,.. :•• mm.wax m..v Mn.. w00.0 ... m leaf Idea... Mara.. S+fa.,a..l�r 14.. nq M. 4aos.Mw umm1Y ar�� K nw . •••• RuJ lr.v....17: �a 14 rrr . w vlm4 M Sal xW gaP.x'01.C1 fw R..... Nw.1,:all 0.10 A)u i 0, x10104 Sos.« M.a...* %c hn. 1.1. ,• x.4..w•. M, 737x.. w..... 134<." w.a`n,w ..• .«.' 0l g to.�wrcw.`1:7••=.1e Mar Ix. 1..1 ptim ming: wwm.112. m. . •m . FINN, PIAT 'THE LAKES AT Mar G0.1 P..mwr.(N lagarg. PQM Mani COUNTRYPLACE SECTION TWO BRAZORIA COUNTY, TEXAS 0F31C60.3040 008[5 OF FANO [000100 M 1x6 11.4 t .4A. 00)47x11 WWI , 0501001 SIO C. J. BALL . WRFC (4. 710 50 L011 1 1113x[ 4 1113011AE(4.e03 Ar) 060101: 0.5. 110616 000500011041 GP/PLEB 0 LODS.Y. PRESCIENT COMN047Y CES.OPNO 1 HOUSTOxN, MOS 770790. 150 (7131 3ee-7714 Ex9NFE11t FFm40-30.055, K 01 WWI[ PF. 0 0.1141 4314050. 31111E 600 x01/1704 770 TEX. 11 (at) ue-0000 SM... SA. DMS t COMP. 1000 Maar 1370x34.7 SURE tw TE0A4 77301 (TRH 4B7-11/50 JUNE , IRDS BMZORIA COUNTY, TEAS ORAPNIC SCALE S.. h.. M000 AJ/M*J.IK.RS ^GT SMEPT 1 O4 2 pe,, ,i,rAOA:.l: e° W°l-Trig VW Pt. Om ., .r. a*. a.ea . Yom^ _>1.* -F +.n..r.Y . wr� ..W 4011• Icy �ell � ?� 1•4' a . ler. a [.r w P. n= 1•1 .m:si •"n. wL w. 3580 �y :.' �[.[ C r . '1•:a' raara' aw°".1 u...1• Iw r u1• 'de' .094 * r� G�(/alw nr..4r i.uy tro-on... 3/O l 004 Lw N. We, Car.• IH a'E►'.11°°° • Nene • Na Ntir ACM nAW. WOra s a MaN map N� wry. CemM i M mn...r j 1• 'N11(1(50rtQ.. 0 a.[v�i.- a. CrEQ.-.� Caa.a, ti r'°M' '1•°I ne • CESIBMTc¢jnrmocme n3. � w r.//,1181•.. Con. Moos cows rte. 3.o 298.1• l�G...dJ 7LYA c.....N.- g..wC'0......�- Iw1•r. 1•1..58 w.1• Cee..4.1 A041/114/C.4e :5 moa. r_ am. CeAr. PIA alwe.) ay Le.owl eralja M�r.'r• . an. ae cn, i i ixr w 3..w ea rw.ra,r� w l Ca ▪ N.rs Nes.) Yno, ..1•.. r" en eem¢mlatiaN.NIILaramn 1»OCAGZ111t1ID eveI. a awls . 11.4 .3...r...•. 1•..11.. w ws a "•• es e«n sew M �r n • r+1• A "re' Iwr.lAal *T °w�iw r.rrnai/Pp11i. In Oa. ant re'". ."1•.. pl ». d 7 A40✓ Page 11.W1•.. NIrweval u1• an.11. +. are. Gem Mari. Iv. Ma.. I..a."v :Mo, res . we.. leilew : el .4: ..roes1.11 w,roes1.41.1 .11111112 ae.es .11.1- L17.1.11 WA noW At r 3/r 11 arS1•n. awes. es rNM • a••01, 1•1• end el 11/1 5/e• Ironlr�.1Wee GO ywM1[. wral. > • w. a E - mesa lo u V.son _ �.a.1Ya. 1408.11/11 1•r for moor, Oftrina 93..es 11 • anal b el 40vel No .:p'dCM*a1 W. PLAT RECORDS Vol.�paQe abP 0,0Moo. rag 8 am se w 1• 81 • 5858-2ra-euro . 0s.4/3. -r+--.. rr.n NM'a....1,0fe. .n• 'ri ..rrn 4 n3.• Nor a w o' n ,.eld alma I2.41.. . l m. aw.al •nWlen[I I[awe. Cava PIO r 1 w . 811 N1•...r a.es . .K 1•. u yr 11rs Yay. r • ma. sr, ..ee/r... r l>w. ear. 1...58.. rt. 3.r u .L Ar aa.1 arcs ▪ r 1•r i Coawe lrYn tress, ...a Wes wawa .Irlrs awr...esa we vi esr 9811wo ~w!M w s e-111Sa1..m1..sa.aw,W 11.0. 11wen ON NVN M M. le atea 3/5'a.s ea., u0Y*EC I- 4*00 a• 1.4 nd ten,N 0[AY -IBM a.3. Aff 1•r3G.lrE- 114/ a a 1•11.3/1' L.rod I.▪ ... • r, N [-51.18 a9w.V'rr Yon. o 52'K0- 95a1's.r..yra.,r lra- n.N' a.of, l/3. S..,3. Too.55.18[- now a. 1..5/85. ,r 13.•.., e,[ -nMs ol. Mresti 1•,r fee [ Mrs• 00 sir he Om ▪ mem IM1‘0•1aCler. . M aer.11l 10* ler W A 53. w. r 0/." Men r w.ww a3.1117 OW 407.13. aw..es. run I. rlN�an111 a Mal lMyCW s E-..4 trpaa 3.r N....rmeaN'�1 w�.14a'M n11Y w.a.r mow%3.w .11 ,.01 G �-a GOACI •33 -I FILED FM RECORD MAR API &30 nR45 VICINITY MAP FINAL PLAT THE LAKES AT COUNTRYPLACE SECTION TWO BRA2ORN COUNTY, TEXAS 0 • 1910-300510-3005 ACHES OP U!O LOGTEO N M .!. 9.9.9. COMPANY SIIINLY, ma1NACr 110 CJ.HNL .008 V, 4531450:1 NO. 315 'J5 LOH 1 &MN 1 105125/83(4.003 ICJ WK. 11.9. MOMS CONFORATION 0.03 0 1.1110.00 0110810E10 CONMNIT[ DEVELOPMENT .112 MCN, 1100ERRI0LN1E 150 1113) 3350-7110 - O 1wE00 EERI51-S.YIORS, [1c 5�W111 A04 0.0 DARE A3NIOIS1 MATE 50S plousrom, TOM, non LI) 195-0045 C S.M. . 01415 • COMPIM 0.0 G301 1002.201505 EAST 5RMV1115 5011E 103 PENLWO. TAMS 11581 (281) 153-9450 JUNE , 1990 BRAZORM COUNTY, TEXAS GRAPHIC SCALE Er F0ll0-i.,1 Mk) 8f,1 SHEET g�v ofa 2 M`1n1'Rv7L, .te .? 99.006572 vi AV FA)AE 1g 0.1104.4.4 mar nnbw. (..01 +11. Kt :..IN ,; § ft 7 § /|:IN � / i i ©§'§K q §G 77! ƒ //§§(\ 1: Q §\��iiilI /i `! 1 . 1 1 1 11 }2 1 ]|q § q \{{|§ h §; `1 \/\§§iI :..!|!ll `\§ f )\•\\\ \}. §d / ®� 1111111 •if!!! !!•i PROPOSED 99 o42528 THE LAKES AT COUNTRYPIACE SECTION PIVE OpDLB l 1 w 211110100°ac+r. \36 0rie e 0 a"R.I 111 e°E THE leEFS AT 111!i COUNTRYPIACE 2 SECTION THREE VOL 20, PC. 249-260 BCPR L3 CURVE RADIUS DELA IAC TM60061 BFARNO CHORD b Re. 1042 • 6.299e.O 3.7.31 '04. 20. 3 eurrele ft 04 07601 1036.3. 134' 47.51 02 0 44,4sIr x N ion's' r 47.46 PS 61 yAt. 1 130. 047.' svaobo' 230.77 204.20 124.70 N 0037,10. E 14 Mle'w' r 2334. 163.15 CIO 011 170.10 32601 WM.. 42/411.13. 511 C13 smoi 16.00 14137. 401.33'1' 41601 14.50 114.10 N 0.1514. E 110.10 CI{ CIO 62.011 50.00 1' 40•X44 541.11 431 3 0.1I10. IV ace CIO 23. .Yv' 21.33 ILO 3 157411. 6 1041 216 2500 0113.44. 3990 2602 11 4705.34. VI 30.60 C. 10300 0090.00. .112 'arca x 40.13.42r V 294.27 C22 axe MOO 150.00 SL' 4504.14'43' 110.0 4661 1116.1556. 12 113..4 THE IAEES AT COUNTRYPLACE SECTION ONE VOL 20, PG. 21-24 BCPR :r'AJIML• - RESTRICTED RESERVE 'A' 800243 4. 7o (800000. 10.164De tl uLaSs eµxM1 L1 8.8. DRAKE A-509 HE. 6/8 EEC. 2) F.E. DRA 4-610 9. 1/2 BEC. 2) 660.113 2087 MEW 0.12. ..6. P0.0*"e-6."214447 PROPOSED THE LAKES AT COUNTRYPLACE SECTION 6 DISTANCE SEARING 125.00II Iae.m 3001 4.e 1.6 41267. r 3444 SO. 42.30. L1 0910'20. E 214 LI L. sive,41.41.10 ,mem' 44,1540 [ 50231(44.5 LIP LI 4146141. 510 590 1.21 124.47 anew' r 4rlru'r • e' 2.261 6211 18.11.5 gear 50.71 Imre 14,911 6615 er4l'ffi 6 ,'4Yw'r 4.30 • 013'x' H iroalry 225 THE LAMES AT w COUNTRYPLACE SECTION ONE RESERVE °A' (VOL E0, PG. 21-44 8.4.0.6.) °50ie'"PO. 211-21 6.0,0.45 e P.4 -1040. ------------------ 423.05'- gi'C' CarrL..1.2.. 38EV61 FAIRWAY 201 F 78 pp Bu: MASS DSO Oil'C 4VLET At TIE APITIAP4ST COMM OF 568. PALM ASO PAIN BM. K. WE Mein SS m w 9 it COUN7RYPLACC COIF COURSE, INC COUNTRYPIACE In 40 V SECTION ONE RESERVE T' ?t (AOL 1A, P0. 108-608 2.0. .41110132111 RhMr 021 ,044 q0. 150 64.0. McHARD ROAD (R/W VARIES) - \ wqR hso! (�u'M Obvnb oww'. fN N. 2682427) 0. 240. N 820 0040) (44'22. E 4 4r.Fsc e PLAT RECORD Vol. AO Page,ie 4r�a w�i 42. VICINITY NAP SCALE 1' - 1,000' .211.1,10151 2) 400x0 N tarn 61. NEN- .(447 NM, IN memo% Iwo 1661.1056 in 66 a 2. W. Tr. mg r°ew m. ,061 .6.66m451•wu u. Ix.., •' 013. 1.1. 01126 zng=,. bwP.PrrJ �.v:ei.µ 5.. rtes • `i°i `iM ^'L .211w'.me%h a la �wW°'Wa_'W wo e 3 'Hr.. 04.42430`3. • 41 1- Z. 430.....x. Fe.° mosso o03.-1 • Now E • °844,1 .4. G..�w 880 4.�'.^.r b: ,w•`R.� 0 1424-8 23.30 N,L 20. le • x004 ;238x. -r, .12.21.°"(4":015., 1542.1142... In. xIr My fawn. (+I w. .00.4 (WV tiu .an 104 M W...) 818.35.PEnnarant 3.04.14 H140..1. nwumsrt Onararle CatE. 0646 Pocono 0m.2,66[bnb Plat 5.26.4. 01 MAR. s • SeEs*L•nn 0E0 161* wewe' °42..6 wn r° • y 421. m .841 100. ...orN ....,. I4 4.4*.' 1 a:,:,*.8)2 Attea0..'3238*So...., :0 r*.2H. 5x 380-+ 006.62 47. VIt:6 881 M14. 30.0 • F W°..,...q .., 0.r .NRH . °. 14.. 02 a 03310.°x008230;" %1 «6:6.64 '.......42 040.x,.)(4231.300104 .. 12.4 IWO 62 1112 16 troran 60 156 01 °'°.n*a=Wen" 4.' .ml "1166 4 01.1 317.4.42-104 .6.11•••1 THE LAKES INL T AT COUNTRYPLACE SECTION FOUR 000230IA COUNTY. TEARS BE62C 22.265 ACRES OF WA LOCA. IH TIE F. 5, CRANE TI,000 9, . A257240T N0. 003 10 1/2 SECS) AND E F.8 DRAKE SURVEY, ABSTRACT NO. 010 (S. 1/2 SEC.2) 46 LOTS 3 ST RESERVES (10.374 ACRES) • us. HOMES CORPORATION CHM800 O. LINDSAY, P RE -51T 001041141, DEVELOPMENT 12012 IMONCHESIER %ATE 150 HOUSTON. 13553 1 ION (713) 365-7714 SURVEYOR: C.L OIMS 6 COMPANY FNOINEEY 70014 5071DR5, INC. L 0.DAVIS,DAV16, &PLS. !GARDNER, P.E 1500 WRONG MAY 48130 LARY ASKED., UDE 065 110E00000, TEXAS 77640 X8119109, TEXAN 44077 46 (251) 461-9490 (181),06 -mer JULY 07, 11969 0RA20R*A 40(0171 TEXAS GRAPHIC SCALE - - 36116 I 1 Soh 100 5•51. SHEEP 1 of 2 ores ,.+4.51.... m.N.»+..0 enen Z MR Or 11X. WAFT OF IMP. N.oxn�X..�"nwl•ni'" a ,.•aN. N M _w,•''' q•L+ 1r�n• GF.F�WIa. x..nF% mw4 saaw r~s�i aclyygn W.I.. MI OFmw. ne/f L e.. 0, MYNM bmf. CEm1336Y1o•TIOIOS_C NN wA...r. 1:°.9. F. 077...+9.4• 0.n of ern. 061. Marel Gam, Ia. m rlao w mnml.w+cwn� 11161=1_111.1130,6111. 3111.1_4121MO. 1) M Lam. Mru�••ru4iy X. ..Mi w en Ma 4.d~ an lre to . M + r.vw ,r •.• 1411. a...ae OaM.�•-a,.ar.•w wi^� 1• iW11.7sfI. 6L.w II: A.a.A .. .. as ...9911 l... a» � w"i='r�... Can. Cow . , .a•". Oats .a[ Ann Ms. e•Y +X.... .Iw...",.u11^...::"%°�..: nim. :4617.«a2 C341...41 ww•.s1.w Lmod s.",. e. w« PLAT RECORDS VoI..1 Pager -17/ «.w ••+,.w . 9917777 :77 .1 a an• .x .04. :E .No D .a -5 0 0.=•44 - »443 ,,.. *NA* Cm* ..�.al • ..W .77..77 �In""s::oa.., ..a .e + • •e.e• n...�.... F. w .r w ra •« Y. d mal (A GM.. rk ▪ e rival-a-wwar GM.. end •W. +ar •...a=wwwe., wem ISO a...•, up. ..+w .R,'q w •.••.M + • .. a e.. M nOnis a 774 +.Dm' ISO.. • rw vM- s�i y 'anls•y m '"m▪ +.4 n 0. 3 If le a w .Y O. . - ]Mr w • .. a.• M .n.r...N., ...MI. • DoNDDR.INV.o•.o.oNfeso'mo•Doovenfom 323V44, "' wW. w[w Erle • x e• e - 312.1;11.. ,.N.w.a 44,x -0-e, .. w l...,.x 0.. F • .'a:a'•°•.'.a:rtit **T..= 674.,',«: n w.'a •..▪ 0:99... N..6. ..n+ 3/3. i 01 037022 r ... DM)g ETAS. M.A5155N4 TO 15011•4,1.510 • 1751.5011M 5-357555 51,57,5510 01-01-1007 _K aP.) IS .501.15X sways a At IS a•NrvK9�m.�rr sm. • 911.14.91011•1 751,0455P511.55. eroa AIEVDTAS OF DE GEMERLRY Or CLEAR GREEK AS LOWED M• NYA(N9ER, 1997 CENTERUNE CLEAR — °REEK 7— HARRIS COUNTY iP �� yy / / RRAYORIA COUNTY 5 -- E3 I g 3 SUN 10 OLE H DR, 0.1111.111.135.AuLAwr `m..c .m. i yn-asan am+U r.....i.1r '/V L4 LAT RECORDS Volga Page 75.76 D 11 10411 SII -N ~OG f ~ X Y lI P.O.B. 5515.5111.105511479' lO. EAT. or nom CNAPH4 SCALE Am •99 rbet I m - haw / COOUUNxL020 / / VOL 2SE TI 70008 BCPR \' 1— 55,4 �. 3 1 n AwMn io"� iruN.e.1 C01.11110.1.S MLA. S. tmmrA.R a 0R1 ABBREVIATIONS: 01. 24- 0.(-15-)11.1se=a; Ism Iron AALLA AA (3)!,-1V.M. aPerna* BencM11AArw Iww Canm Ss. Pam. S. LAM PO .,.0 uw... 1.011 w.., wM.N EDA Pe.. m..01. eAnd C0.0 140.. Sir 1.105 1910 199 W.01 1.150 Le OWCOUPS,PC 203 THE LAKES AT COUNTRYPLACE SECTION SIX VOL. 20, PG. 370-382 HCPR THE LAKES AT COUNTRYPLACE SECTION FOUR VOL. 20, PG. 376-378 RCPR RESTRICTED RESERVE 'A' PO. PURPOSES ONLY CURVE 01 RADIUS DELTA Anc EVIDENT DEANNC CHORD SASS 1.11 15. rPW SAX 9 601951.111 12712 11 111901 S NOM SSUPSY 4015 03.7.3 S 1.2150. 71.25 1.02 e sass. R S 194.41. LI 50.20 .411 seam 0.1 7501531 V 44.10 PSC 41019 ACC row' s ALA 19. D0ANeE DVRINo LS 1.1.1101 11.111 11110P9.0. W 9 750910 1111.101 • S 11121011.11 LIS 110.001 s orates LIS 1.10 1.09 • 5115.151111 SO 79. not sweats 0531155. 00.1511. r 115051 MIA tscart 555511111 mKd mAY s mew LA AMIE VICINITY MAP, SCALE 1' . 1.0001 GENERAL NOTES: • • • • :141tr .w.rue1:`.:°1 %"P'e`w e . m * .11.11 e"..w:..M.°i 11. 55=.5.4•515,0%:00.1100=71.50 '•,•wrormrm 50 AA r11n OA)°.N.. ,,.. s. w.D...ww ..gin.Hw .m A=...v, Pw.w w ".10•12=11=1: u.a.1ruaHw.m�w,.wnrr. °SAW ea.un «e 515 u.) LK.* wmatoworw. (i 1 W AA SP 51,7, IAA 21.'" Dmr' w• m rt""A °'" .=ev.wu n«moB ..= anm.a q w ann.w c.,nry Court 11=w 1-142'21"uw'.....,.m s .«, ne1.r.N Nr. n. TM..• ro xw ml,.. rm r.. FINAL PLAT THE LAKES AT COUNTRYPLACE SECTION FIVE MAMMA COUNTY, TEXAS 50 LOTS 5 BLOCKS 0 RESERVE M.s. HOMED CORPORATION CHANES D. LINDSAY, PRESmENt COMMUNITY DXLELOPMENT 12012 115040NESRR SURE 150 ROLSTON.MIIAAS7)070 nIGINSTIFP SIEVE DDAN N NEER,PE.1500 DAIRY ARIPCRD, SUITE 200 Na1s.D.1.4E"e2..lmn mmNYTXR C.L. DAVIS M COMPANY CL DAMS, R.P,LS 15E0 MINDING WAY SR 70) DDS TEXAS STAN VASTER slsRwsiai TEXAS 77027 (M) (OA) EDT -.m. SLPTEYDE1, moo BRAEONA COUNTY, TEXAS SHEET 1 of 2 0. =3 �yLdn n to.oil ORn las ,War • WA MORA 5iitm5r"ratt5 1 mmm' m MOro 5.amea Man s „N .,. xmrti .mom tyu 118, r xaC. or emcc w lid' .sY OF 79 It Fond Pm.a wm Aimm�"Vunroad Faw I'Ji+zov "FFI' gs,dw CxAata`E malCT m , NOMINAL s�IM+PII�BW]I A36° ea:,Yew.p waswia Cwb tio Oonwolonron romFrAir OF OnallSoiDIFit, =PP .4 •di.NY..1 a,npl.5.ettn ax M:linxd=r w mwnaiun.•ne nl.ew e:n• ei/JA / PLAT RECORDS `JoI..IkPage LENIESISIE9P_COrOLONNNIO SPAM. 5 55x01 uxx ns My Rm.+nf ro,xni..n . cox. Mo . Pxo,d4 tw. wr .yrw. s.tbn x.. m 5 ma'dmdx ma o NOH isarMx all a�+a pqt Ivi y,,P�., Va? •ii i. M°Au", rai.:7 ..n. .Coln Cater CM NOP, CrtP.� Dote w'a. xa Ica. Plat ✓lata m Pt*. aeDllt� ,/]Swim ]) oma .wardx. w mmon`a noway at•arxe •p1 5:q 1.w" ,w my P (M m� aws avert. 1Osd pro Sx.M Ila W�.m Ammxx 111. 5 e - SIDS dnnal VWYon x. ma InMP.aN.ono lhona Ps Maas wail* Nto anat. An• of Not "rut 3 at Nun. Oalt Ours.. us. et ,mw Si. 18.11 ..~ a w a5' but r...wRdmr. 5r coon.* Amos!]e n- VISO, a m s/11'm M ext won sodas w awns Aims xmwA - td. da NY Melton w h caw. Nto mm.r m ae fsr, enc mm b,wxn .w.wrsa11nati d] mwaM erw+•id I„xs ;77,1t r - .s ..a.l• Yr Ia, w a„,s, a. m,,,,n • 9 ,wnm x Pr n to • - 518,.7to a BA Vs' son n8, ....M....1 w..m.1 5/8 .a .. caMxwrd rm ams d x !r a�mliq > s d�i..Vle u:r.n wanA o5., x s8, t _ t s 5.� s/e• a ti.e .u.ar•I�..��nu b eanrnn sw.®ax .-I,] ea. 0111•Ye* rt won Is lw,s* f x NV Or - •2, oar 6/S• sena an w In canon, w ..nm P. ond ,5.101-01-1.7 % wln ds.M �wnw.fta+. sts-R-.Ula aawt s/e' Noma5rreftd".I .en.�.e 0 can... e. SPIV Ica ma Mn w le tam. for caro..: n,anrf Cl a -n.A .a.. s/e•Am M.S mA. mw.. baso Nils. Nee BY s - t axle/e• M,8, lath w.controls browns. amcod a wd vm..ro at ay..m m,,.q a �ru5�n'e rv. x xintw 9s n Mao x0 a']re-151.,055. r s/e• ,Foo rod .Tomb.want• w ams *Ara aF - 1132.02, aill s/rMrod WO to am.*tor mat 1B x6e �pw.” . won to lse 015 n.wN•,�,. a iis.: b •.7�i maw 8,r alar .s x N,da mol .w aNwm d x lila.S 16 51,, - 119.00.b e.. WV wa.a ..wbmaw wcam.; a rt 0,rw red as wH taloa, wanon ,nam. SOT 11rr - 75.11. d e w en' am ...COP Caen. w,am.n r.a,maya'i� • �.na.d Ica alar. w., 055.55 Ba ▪ Im.>a moxa ,. oot . -nears. a rw< SOY Ow not w w,= waw. td .mice IP - l .. , bax.a IS/S. 5m opt •Int pb tavola lm ton. ,n_ x 1T , _ , w Mr m ma ..mer. ler .man Pleat rt ON Ott. L - 11 4.63' 5eb. a kW hen n8, xu w b a.n.w w tam* sham s is te. n• _ 1 8,,..5 5/. ha rod. w ..w,w too e.gna.ie d a .um u w .prA S.I.y a Iowa . ,eJo] w a wusmqa d ,a m• s, n r.11:7.7:. wm""m r/e'tw�' baa°. . 1ps.l u5Y11a..r row.a w5sn.: m ..e M Ica 8,w ae.w Mamw.4 is nae.." x Tnmm s x x ,aE 1113.I.ws/s• 5m ti d. w R rail ,s corner. Olt F - 120.00' to the IOW OF POO.. and cantnatog VICINITY AP SCALF 1" = 1,000 FINAL PLAT THE LAKES AT COUNTRYPLACE SECTION FIVE BRAIONIA CWHiY, TEXAS 5 50 LOTS 5 BLOCKS. D RESERVE ammo U.S. POWS OFANON COML. O..0SAY. PRESIOGIT CWRONIIY DEM.OP5ENT 12012 NICNCHESTEN, 9111E 160 HOUSTON, IOUS "On ma-nx 01 MSG 17 AM 9133 MON.. FPARuSAY_Ogs, INC. sTE�E OARaNFA, ull. 130] OAINY A91PURa. TE 200 HouS)e) 78005 01077 SURVEYOR "...fat. On" I.P.LS. RLLN O'F:N0iwNM m),e VERNOMPENt k Assoc. SFON NSN IEH xl T7-5. 7'/D]72' oosPISi 11x, -e.5 5EP1E50(N, (000 BHALOPIA LOAM Y, TEXAS SHEET 2 01 2 H 912529 O4t0.11,I, M. /I (PROPOSED) mum Wm, THE LAKES COUNTRTPIACE pslry m ar•mx) SECTION FIVE 1M -ow PLAT RECORDS Vol. .Pageiy'3Po 8X090900 BT0R0N . ,rr'•'MiCq *03711:41171=0,0OCS. 00_140141,1%.0.11..) /�O MSMy 61.0C$ 1 2 16 I 17 II 16i 19 % �.. - f, \ gili 71 1 4 1 5 1 6 7 \ \ 22 11j 0 SLACK 1f 23 1 ) comMIACC.MT Nu -r * Nm r. M 16 e 4TA aR 4�Ay N. �..mr0 .y I 6 I r , 32 ---" I 24 1 a 0 I F Y- ___, i j 75 lL-}'1--4 .. * , , 10 1 f l 30 1 I 3. 1 R\ /1 sl3 +g----{ f 1 26 L ' J I------#.-.1 11 1 F, -----I 29401 1 S5 1 \\1 '1\\\ Ag14 A `i :lX'rBI N 1; n is 26 s- 4 +` ao�( ? -1m--_Y-'. ! f \ �.,.\,:\ . 1 + 1 -_r \ (PROPOSED) TNS MEM AT �' a COUNTRYPLACE SECTION EOM -r_-M-- S ^ \\\ II ��, -1---7--T--T 1 F-- 1 1 N 20 \ --T 1 1 19 0 % moi, 1 1 13 I 14 1 �15 I 16 1,1 17 1 16 1 11 10 11 11 111 12 I i I aLOCl4 3_J1-__I'!•Q` I_ - -ea/ T 12 ISA 1. 7.0;--sen73.Wi -430 PEND ,. I A w. 00006. I Xw°V .vv4•Fm�r�...-1 .NE DISTANCE 504*30 1.1 rr . ism ATE 100.00 I wow, vele de .wider. .351709. 3517.7 . NNw. Nay. F.T.F. 1.14 ISM Yr 100. Oaf .}.dM• 1.14 411 LII Id✓. '=' TAN I CCW. 445.30' -'- N 6\'oY23• E FAIRWAY NOLF IC RADIUS DELA ATC iAXOOrt SWUNG MORO <11 60271.4 141/11 MY�iT• 011 nfN NImIId mal .Tara To *3 40.00 144.311 • mMFi • 0,dr'• 1111. 414.11 • nTdw • NMT-. • 111111r • Mi 441.44 IMO 0111 .-T2. a�.P Yf{-'-40640 411 NOM NM 0 50 es TROT mote CNV 0.44 tim slas 110 11.111 • TENSE II IrrM• • • 1w•w•f. 310 4111 11. 010 Imo MN0 .030 21.40 aIIIT *ME TAIL UMW am mu) wNa w M • N.rmeFWs. it 18• 408 041 11.4 gad Frey LOUMRWIACE ceNw malts. R C00F COI/RSE INC. 20 MLA Wft McNARD ROAD (R/W VARIES) : :, iR. NOO,wo nl wl. Noma 95 .a 6EXRA 1 ONO OW VI aC.4C Cly 1 LT- 1Ab0 bAP 9Gol+r® .1.104.41=0=1:41.7.11;0.....10.10144....•••=00 .. N4.Nr.0035.NORM rvx440a .4. .. 1 O) �ireary • OM 100 • 00•00 4011.0 On 1.41 P.. -M 00 . P.Ir • sia �M• -.-w MEM. .wary.. MI*A 4140.00 01104 5.....l. 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DRAY .3AB X0. 510 (9.NM9I/2 S6 oUNEX: U.S. NI ES CORPORATTIION COMM D. 400910 MOWN 0011M01(11 OEYLOPMEIR 12012 TUW 71675 • 155 (7u) 3611-1714 ANO HOTIR ROUt MOW °RACC ShcnrtMr CWAER 6 [IEMF OVf LWP 000.0R CL OARS ! COMPANY MINOR EERRO-SMLORS. INC. . U.9 1EE\[ 0,60501, P.0 IMO WOW seg AAffr AS1,000. 9135 005 IRMIGSOWO, MOS 7755 NOIATOM TF9W 77017 (MO N9 -SND EMI) DIES -DON <1.31111M0 JULY 07, 1999 9RKGRMPIWU�EE%AS SHEET 1 of 2 rC 144495 1.Gw.A/RY A 'a0 IKVAltl00*'030 2 10 2 133115 a ittxs,r 1WvX Iem .. I: P.M 31105 3'11.0000 S/Ndl A1Nnij3 Mtl021tl0 0001 A00P 0111431 (131 *IOfL *'IAN •010M OLOCI AN MOM 0051 `Y1db'sun TO ANVdw00 w 110 TO 1101]YO• fA021 'O (1.4) FLOLLOW 15011 'X00091 am Sum '010141.0010 0091 041* 3d 1-111103100 '311 '611-1*0(0,30 wlaaxblf! •rlo au- '? 01011(0,4)DIMaz lsrnll 001 Sum 'M31*3802• 41001 1N0WJOSINO w1*10 110006:11+ 4400 * ON owl 'VI - Nd304 0dbo3 031011 '0» 00X10 0 t 1101 (0'03* 0/1 011 'ON 1001 00. Owns 3110110 (1335 0/1 'M Ni '01 10ro1000" owns 30X00 9 '1 301 NI 0111.151 O01 30 13330 11051 0100 S30A1 'ALNnO0 V102Ytl0 XIS NO11O3S 30V1d ),d1Nf1OO 1V S3)4V1 31-11 13014 13011 Id 4131 ALIX13)3 •..X. 7'271=541 0010.+031911.3131 .•«'i»: 4e ..».,Xpp..Yt.[. •�4Y, M 0 0 •. - I.l0 k 9".01 a •X5.31 pw .Vi 0..4100000'0^ t4 n<xww1 urQM wV1n0 •a Aral - 111 Ont 099X5 J.aar44, r4.31wn.3/0 l..w0'095-..1. .X •1....0 a .l..••.wr 40'-0'10.4.0.•31 Non -001 ao•..•.4 hi.•.ywq•0iw,•n w• 00l* 000-•4*1311s�•31u NU 44•V114•w• 44 M. wv.• 3501-X•900-31 •• u Ppm .X:iw� . 011.1 311.X°111':; �°0o In " I. '" '°• w•e�...I V.0.1 m.l-N ..X11.1•..31. NI 44 iw4.1.Mv r X...01 WW10-iJO 11 t• 310'3.1.•.,54556-•.00.0. 4.0'001 5.444• M 3131.•/. 04••,.9131-•p.4 .a••iy -wan r•u°•n1••.M.°•n,roe-•ti.1. a r 313154 01..31000,-•p.•1 AO•� .0'. N r 11.1. 31.3 0. •w AOI. ..• aI..1L a.r+nr••. r 40 ary I. •. WW1 -X.a,n.1 a w r N... 44 X...••,n1.I-•.0..0.110.31 a..0.°0..•.w w .0111.•.431-•r.wn1•'. 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NO VI 4.31 Xy�1•••Ne 14:so l4yl 411.0 1.31 3314 M�+ 9'••.11'0 'yy Y 'Ma • INV. �Y•4q•a. h11XM.s X9.044 544+wf.PXw.� rvsNro 4 ems 0'4011.. • X 31 M"9.� 1.nys4i......"="410,"°414=7.='p 5.(0"00 *" 01 037023 N 11('13'17. E WA.... MIN. SAM P 5 244.51'22. E ASX,Or .3.11 CHOOPON OPEC. Et. Prowl m)iro )`nluuww..+N ow WOW NNW dam wow Et w .aa.(mlNuSA.tLA.: WNW. NO 01.1-100 lalAPwr .) NOON. WON. .'LAT RECORDS '10000 Pape 7U 5 419lT19' E 151.10 PAA • w up.reaWAN •.t •1. NA.., a.n17S°.1°e PROPOSED THE LAKESSEATCTIOCOUNTRYPLACEN5 PS. PONS CORPOMINN -, 3liriii 1 11 3 1 2 i } {+y }3ry��1 i ii 2 rlI' •'f Nib QIPw+3w• lc 37 � I B 17��rn. ' E I (04.51- 1•,�g v5r Ina re • BLOCS( 2 man S/7.\rir. w n26 27 • 291 17 COB.wxa X5.1 • if I Iw.•m1n,56' DETENTION POND No. 3 RESTRICTED RESERVE (a.m Amoco ATR Orn THE LAKES AT COUNTRYPLACE w•� I.)lr r.lar'•mftftftual ‘6 f�p.AP G • THE LANES AT COUNTRYPLACE ("ME ARE'ax•Cao-oO1i• 20)00 • ils)R l 52 \r__.{ \ 56 ;ill \ 51\\se, 1)1 / \y�� JII • &"21/8 'APPIrl'Arr CAPE AI NAO. GRAPHIC SCALE 1 moi 0 �rIEFE rolaiM. n pIMELMI aNESE it laaaaEma..sr.-rn n ®ioGION. COAL.. 3EitIAOr I EIIMINC_R IONIL. Arra .•••••.=••.:r�Er,a NEEMINEIMOMMISAWAEOM MIN-MIIIMEINTY ll .r.=YEWHOI.Cilit La XIIIMANKICI E.laaafiEO�. -ll E=MMIZEINCEE:se� E7=.721•EMECF7P-.'al 1.n11=1'a..r r NEERIMMEM�ta� — - NE.1 Ya. CIDESEICIS a.11 �.a.a.n3E. MEM LE311. se•Tv'_ll r.2a r� pMMIE:�CCI,Y•i E !II NINA 403 nom Wan CNAr MIMEO EYX.EMEEUTATAMO.E.S•WYEMMEnt,011 F, 'lau:t'ra.mmNQ EENEE3.. ��I .'E.vrrISu? warn OCOM Mrza 150 mMpE.)�.M trlllm .511® 'i�1iF.^m®F.�.�s,�l� ®c>:1rfFx Ara .. N O, ..11.• fl EEoS 1 B r .exa�s_.�.EOA,ar sx�r:r...aorrau ABBREVIATIONS. .1410.0 Sao* M,w. ) /Adv, (Q)raitFILL` PA*_ Woo. DN bee NEN • la e ANNA. AWE a.•.. H •s.+w www. Nemo al. Dora Mom. wow, cww Cow www `1110.11111k Mak NLa., w Raw ae..r, pas Lea Zarnp Swap *r br ya a.....• u+N. ap.. Rona. w 1air .M. a "nr Corea Pmw VICINITY N -A__ SCALE 1" - 1,000' GENERAL NOTES: dare soma. ••• swA0 woo ofats EWAN is wow,. Amy Wog 1 aLOW ww1411 aN• NO.. -(a0 lap AO .. .P a • NN. (.r)NI. W A...•IP al VW:II•a"""n s NW. wo u ANN w WY. 0.N. 1m ` ==1/r1=ad'"wt riw •°Nal. ` '"iomWAN III w• .ayyr� le a N awn wbulrNlrl wow Ml•N.o�yil Sw�.��I•• M•4 Mw fbse4we I`i. •• UV= re •atm colo- ma set LL Aa a)P.wa mem ft. eft* be A.NM w ,' •SESe. w au,L Amy ape. a.woon Nbad ` u� =2.1.= lyMw IOW vai gmten �• r d tma ui�v�a sa• IM.Om�°N'M, lee . re. koala a w Trate. n;w w Wwww NON O`.e:`PN"m•,r odamx',ir.'°`�.'w,e".f �a•dN ° 44Z Ian Weal to a mw ..wvv H ,W m..wa�°"°i: 14143 IMP. 0A laLla 114 oar _ w ESO O""'m"ANOIoN N. a. mare.. > Nwr AAAA ft WO .w. A.w.,a•aIna. rw. Min 11 : Pa PAI•...rn ple:1ro 1.• w wn y m H u.°�iw�b mw N lA W..A ld ta-me v... -m. AWN. a. • NA EN ui mlNin'Iw .IAN HA AAAA w. aA•N a wawa M ala 1Wmw•Nn lam Na a FINAL PLAT THE LAKES AT COUNTRYPLACE SECTION SEVEN BRA20104 COATE 1IXM 11.4 ACILI Of UM OP /I 55 L015 3 BLOCKS 0 0050VE 5111. U.S. NOES CORPORATES WALES O. 010507., PRESOMT CONNOaTY DEVELOPMENT 202 WCRESESIER, SATE iso HOUSE... TEXAS T%S Ola) 3.-7114 1 STEova 00 a( h tad "'Matron E 1!001 C.L.21.1 1161.519411212 00NPANY C500D�0 *05 0100511000 . TEXAS (a) 02-110 VF,MOyAN LL NENRY k APSE . STAN NATER 515 POST OAT( .V9.. STE 205 HOUSTON. TEXAS mi 17017 SEPIEWEA. 2000 8(00030) Cam. TEXAS 'SHEET I o1 2 OI /e ram* no aran anon nod *▪ le oulds 1•4 ann. anato • t31 - ravman M w ansa M. N.. 34404.4. .'Moaeom. Ah_a a3•N oar, bon u.M.0 xwa °n'C W.ecwnl3euw»nnRmwaan kuMo• no as 3a wry'. ca n karat `°e'w" roa ry' : dao ^aIL Haw roo Oornlinanaln Me aa._ ..an.nm FF W» TOA US. Ma )50.7• Ma ▪ Wart Val Of laaa ti M K u. w,MY..n n4. a. no*. .4..4 a4nw m[_4.. thona4=" NEA OF O,Rtt 1146 BS. ST w N... r IA 6214 wr ...e x.. .9111 BYROAD "` ' Maw &rn6 ww.. Tm. wan* m Fa.3 h37 -3.1x1 „„,ro... ,teaf eT.I.deadelY aoa afar On. err: M MarOB0 PUNIC 44 % ro. F. m a.y.;a' _ ▪ Gb/I"Os'�F i OwnE, Tuft IISTEICSIE.M..aHOCZMIEea rap �Wy •. tlF .. a .n ...donod moo..woo.. 41.35 3 0.mm.4.a.' Com. ....a/ */ / =A�l a,�-.[ PLAT RECORDS ''ol.dA Page bi_Pz alo w on„Woo 44 a.. ran ..we.. rte:C ;.. L.-. H .,. ar Name Volume CamPuilm leo Mit Roan ;M.��2 44 M. .a *.w. any owePiano • 0.'Nms� wee or v mob .m4.4 . oo•• w Coanonna. at lane 0/11. mad. qo mon Inal. ma. way a aid OA Nona Co.* a.* Oto ma* Gnaw of DM *a Vat amt. In *I nand `�...w.«. ,.4 «F4 .� w Ra ..orla ...y.F .. r,-444Oa a.,-»-ey Cana' lab tka n rall ..,,'"*/.-%. may.: .1111 an▪ w olx�ma'.i 44Y7.1 �y . t3x'• 43 xw. 'x.nm4nw o=taff N.•.,MF.mnnFw.M a'xr.-17M.a.F _w...w.n../Trs.r,.,F..w....M• moo• eer Y N.1 0/11,11n m n. ass n m.ww mm Cul. EIC OE SY - &rrwg.YINA m0F m n mow. H ammo ••1 MP n. .F .0 canna m moon mo. '.r'or en a ' 304.E dw x.141 Mal ..°i°.... Irto44010.• ..e :'w..` F. ma. e.., m° :1.1 m..S3,01S• anonsta 44,fr.m arInn red ..,_.mono. d..,.; aro*Nar xr No s- xaartoe at 5/0 Om .4 M. an. .m.. mm., 141 .... sir ..n admit". n a.m.. m .n.n • OF sr4a,- 11•E_.R,O n. w tarbn .14w. a..s r mnw, NM. 4Her Ne -5040.-4 s.M• MA 44.14.. in WV. ICH to m M' .. M..w In mown w .T .n ,4 »F n n a..aw m .ma. •,.Ny• wM_▪ •wno xpt n..r7•.4., mow W..amn mow w or le. Too. w .1.. am .m w mann. w . M .w . eanmaN.a..w4_ ,'"° 4....s/r xm m»rsFY'N.•.._m.n..w .m,mws.'H4• ..wn4.n�p'..t a' m r NpA xmNxmw ar°4"iS 3e _a»e mini m... M A 70 at7" Y�.+•;1, zw.:;_ 4oeW.ne,..•.na Orin ra Sera Y E SC ar 4o• 1 s ..rrnawe/r..mwx • xl Er 100- 3087•.. Noon 11 14, lel-,asr...m.wau... nth .s. am* low an,, . - mor ....4 N/.• .M .4 44. • •• .,.... NovaxOa IT - 4ea•.n..4ar x.mwx mn an* 4w anal • H4r[-aH.mma4N/f..nwa.E,eony.mww.ti•m..na wry. nal., . m.. a.srw. ma. m.»ww.r ...wen`:` 4w4`orn°.-m'"wm ax w w Sec - Ma' Tuna1r50 x x. 40 * - 'MOW to Omni ./.' 4., 34.0 w 4n ma... en m,., rw orr_1lon•....,. Tuna 11 ser4 - a.d s/r s..e nth nor ...... _mn n...oar .. Mamsrys.nmaa a. a lor Dann avow Ot.4• - rland./.• s..4 .nl, a. In woo. a sawn swBrat - alt.. SATO.., NO 4x ••• ••••••• nam; mmmol a Er a• x - 11%31 .. 4..a N/e' Ina me n.. qy....». er mM• x 4 — 7111, n ..» 5/11,01,11/ n 4314 m amn Illent• Kr wart - 1100,7 47 off TOL- mw.w rower mum. w. 14105 ISSN ma.saw . Zia to = "' ; MAC . .4..:. a ry M.M.tE ORM .»mxm UM Horns M. 4444 1 \ .eM44Id (s) ��A"A'•s" VICINITY NAP SCALE 1. 1,000' FINAL PLAT THE LAKES AT COUNTRYPLACE SECTION SEVEN BRAZWA COMITY. 110005 55 L015 J BLOCKS 0 RESERVE 0.4. NP01fl 1071200115 4 CMRIM AZS D. NIY, RESIDENT COMMUNITY DEVELOPMENT 13312 NICECTIESIZR. MTEXAS WS 71070150 mn 351-1,14 FERRO -Vat., 3o- • OMB.* R.E. 7500 DAIRY NF*RY AEtO.A, SUITE 200NWSo�,vj � '0077 01. o NS R COMPANY 1L MMS R.P.LS 600 YINCSNO MAY A11FHM0yp) 1-11.7TEXAS .{ANOM L. 1RY a ASSOG 11100 Fnn r - WN1AST 616 POST OM BLVD., STE 206 0140617 1117' 00 HOUSTON. TEXAS 7,027 (nal ea -San SEPTEMBER , MOO SHEEN 2 of 2 u0 029929 RESERVE TABULATION RE9ERW eLA/f0S PURPOSE U 4)3003 ( AMIE 30755 60. FT. 3104 t mous., MOTU 0.124 0.1658 NAB/ M5 1.600 e L 10nnoe 002.10,011 co 1.2216 3»5106 [1140(1114‘ POMO 6 v4m ,11nc11 31134 msPWm1 r wean po119w mem � APIe (0 MRS 111 osoo nMs n .304 /11upAlt 1.10,1 MUOIMIAO.I14 Lit 3-41101. 00-117-11,11 anal OWN, L -2oL 1.111. im. °721, -2001 " 01-01-111.7 , notnaLL wow nowAN e.lel px 13ai�=wx.nn.Al ygPl�e.w7s1ie1, i6 IW S 0957'19' E •'LAT RECORDS '"11.41 Page. /75-i751 *61.40774 W ME 090330E CREEK AS 4OGI900gEMBER, 1927 N0P1 '10' E 208.95' p0 M s a0wut 11e.ee1 1. 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F BLOCK 2 P it 10 S$ m `I 11I3922 3918 s4 a ^$I 3914 3910 3908 3902 � 3826 I. i �Ier� .m am m w .' _ i m 3923 3919 3915 3911 390i-13903 3827 fm'1 BLOCK 3 28 2 n as • RC 4 �' 1 \\� V1 \ 1 \ \ / N \ / . p'\ \ �— °" \ \__ / �� \ n0 ;A x A 47 ORE w.4 E \ \\ 8 2 8 44 8 C nS oe r 2R eg / U 'S b 1 COUNTRYPLACE SECTION NINE A PRELIMINARY PLAT OF 7.44 ACRES IN THE H.T. & BRA CO, SURVEY, A-310, AND THE FB. DRAKE SURVEY, A-510, BRAZORIA COUNTY, TEXAS 2 BLOCKS, 24 LOTS AND 3 RESERVES OWmyk UB NONA CORPORATION SO p, � 1D ]NY wane v. ESITER SOWN vs. we v naaun: 141 'NYINNOi sry INS SYN gym' 7'° r'oi+.°-nN wr+o.�+cw .,e.. nay.+-, Y4 SURVEYOR II.N=SAtTNICO, E E ISS I101iltµ YQ 6yeNorrC6!_f,ro 95 ).1125TS6 SON ▪ rA.050 af miw �w 6w0•o w5m w r W. i✓,,.Y,]tl "'w d 3,0. ".▪ M. to awe W rr ,.am. n mW.. Inw M,. wm a Om Pw Wood.CO" pRA[..). wI .6210 r.. e.n . w i.:... y pE wWgw wwr mm„ to "r. K< w++v°µwwns a•"s micas f•i."r Ivoummr w UM4 . bol &pa. ...ra..PW wµ.. +W. .N W'xIaM 3.1%?, «41 m °:A. w.°r.'•"w.". w w`".. a.W 0sK . WW: w• oos ., w. sW:.;.,w ,,.. ww..�. mw :R «° -: w▪ m4 • ,m,a• K• uryuli MLA l. .w wy •"mx eu•• ro Tra =:.) : mm ..:r=art . anvKmir._"t.•w :tem Asv. +. /or .... w..... Im.m — r. m «I"'"4„r3 M.m. A..w. a WA, Wm ,=::-":17:14 -3 .. Wmr.. tl.m 1•. 1+6°i.uyP K..wWS im w.._ ar...r mKm x" r. w °.-3 ..Wwwa..mw 14-41 1=42 :ra M..Wn. 201110.1" ...% 11021 m.9""y.. Pao ., • APIPPAO 4 RM:. mbW rwl wmw. =▪ LT c!att 2 • ¢.-A 4 CIA. • n can. NA -OL. AKA Ywj- rw.F2t'!'P".%+-i°Q'' m-,wuW urwwm .nrn rrmW G1 .+a +. ul w.•" lel a • .0.u..r.4. . 1. a + ..m•nwm YSC+ w m:wmn v N+n +m 22 Cwo m.mr. ff oaeu „.�II 9m,aR6 teA. a,: kom tinr•"••w •.AM of p�Me. Yw Ton nN�}}y1XleWuw� 1. w ,m.A yrcwa.s " m..;:.a:� .::: 20 w u.vwok t ,w~.M,,a x~4.01;, . , w .6.W r 4 I W.= mrr,m.m...m.2 -"��ti..m.m An rSrmlm.wA r. am. g�e.+r O.Wa 0. 411:,'TtvWr "r �n+m�.Yow....1 Meinwe I•m, mro u nm.:�nti wr••'4i+i r. Wr a m�, caw tivn"•r Ir .4 vh�n•.nr�Y.^M' AQaW�� row m..rmm m., ran .IL- OmW 1 rxanPu6.cP®X.mmmm mwmvm0: �wnV.m .mrm m :x.Mw.' �O.:n. •+"w• n... :pm.r a .y .nu. r ACREAGE 1, t10.010 5 eat ex Among Dn.! MA vlo WWG.. M R.vm Pat lbw. Ratom tam Pow Boatbay emno. Gr. Mt.. `"•':"w mr. n.i.nR tie:.=mb • caro Mu.:� ..Y w1.u.M r"tine" 1=40:Larrom. to know. 1(074 1g,.411111 .111111.,, A11111111.1,11111 = ;SS;ISM mr,erart•qyamonwir,•• rArsa 'to# yy Im44 ▪ wwm�.•:•vL 44.4N' •I=w�i:w—,+WMoswn.ii,W: I' tr.. 'Tr -- Pu, BOIPl06R)I --I —,-: clItliVIRYPLACE GOLF COO/254 AVG TRACT 4 vouee. PC. 9e2'°C 8.0.0.6. (t "mou Il. assx 21 1 - 11 J NU/ WW1 1 (�4- 22 � I di- 12 1 OP r PLAT .012 2 R WOW' ' E, 4438•r e6-.4141 ) ommm M.10. X ..W Ha..m*• nu Alarw,rn .m Wtra.MP rwel • ..m�. �v mom.• .ar qprrw 1.1.= .1. lr mC`at1. r A...= mr w.y. 4w..:10=: r a •m w mm w:w�irm rn..W� .w m�ar...rti `rot + am• tl•e. u,w m..omx. e. OFT.- ' r'• NJ,9. r.•6.r m�ya•,mY�uw JY:.m NW W:4 MIwWVY. r,.i•, tlro uOwir M:u�K"u w,+'r�"u�.•"•imni "••oM.,r Wien SO.R a m,"' , .Nw.W.W wWwm.a 9.*.,.. „ ._+....A ra. 7. if m unto _1,3_30, a 401_ .IED, ..�. W 00032 mm.. A. W w...wr w•r: 1•fl1�fa 4,1 11.01 OS' . R a �1L6GK «w.. .m, N.R -'.m oro 1 SOUTH PEACH HOLLOW CIRCLE I C.., 84_ AG.fr Conala.14 616. a. ala 16 9 15 14 pa 13 r u 6,0 11 11 10 BLOCK 2 1 O PO um FMOW ...,..K W 40000 T 'PLAT ICRM9AGE EASEMENr1 VOL 1603 , PO. 510 8,0.010 s r14'=A• =Pr T ROO r,esa• 2141,' ptl.SIP29'.1I1 (Pars• T- aouva4Rr I AWL RAT OUNTRYPLACE SECTION TEN MAMMA OMR. rows CUu.)1,9,ACE SEC1109 112, A PROPOSED SU61NI°0. 01 6.3030 AC. Our M 1K n. *. ° D. R.0. SUHK,'I A-1 IY 31 1015 1 60005 I RESERVE tA.ER: z NYE CIAPONA,fx 111 VIENCUFR (015100 M IAS443 7',009 (112) .1.-300 02001 t0; 001220-077UM5, me Mao WIN ASWAN SUM 10 mWSTW IE}A5 77077 (]) /96-00030 SURNVON: ' NMAS8. M.Y1. INC. ... 611 0N. 11 a>A 11r. 11-e w0 hoz.= . IEXK0 nsn_2 40 _ P,A 027-2770098 eaVall"r BINZOI.K COlk1102. 10206 W:V m Ii9VMC KINE W.I. mm.Mlow 96.929963 K AI" 8EC011a va1,_L9 _EA6•,S�S1S16 CURVE TABLE COOT 1**m 6K9a Eur* DAM NO.r Aaw 1 Mu6P 6 —CS COCO 1431.7 eaALIT 9 r.evrr .1095•[ CL 33,00 ' AIM .nae. to Nt.;E61_ R Nrl1^JPe RAE } BLOCK I 7 I I pit rl1'JPY ca.wwwNY.ICO- IJII 0 5[10!X7 3000 VOL 10, PO. 12B '0)m� POTVOL7a8 982 •00 OC.O.R. KT. M RAJA Co. SUMO. 1 0.J. 10702. 041 07 56 0947 *31.90]1177 55 57 Oftly 0.41 0404 J )11'99' Y Nola, 1 5 7911') 0 97 ipcootwor 56 55 \ 54 \ BLOCK 4 4- atluouro GAMUT C2 170077 5C1qva / VOL MN ufl W x.508 n E PC. b MACC.T. IE -011 B9 ` 077 *ARCS. RAI 0.6.NONE CORPORATION r 1.,1MRceNAL t1. Mt"' PLR IM.Yret VA RAMO! Mae. 1 1 1 1 COMA, 7000 Moth. *0910 100000. / I. ' 4 / 1/ JW / /// \`7'— 1 `J ///I6'3E I L 1 / a &c 5 _iI 1 r 0RAINAGE EASEMENT VOL 1605 PC. 510 1 1 14. T t 6..:7 .nW omit —r } 5.4.1 Amoarel. ray, tiob M" (o)s.1ir n-1043777710. Poi* M Ssnm bolo J Coonly Nog enw '.Co.b.P141Ajy^u 10) ni:0. I**, LNAWNv. 04.4..4 E S Mazy w 077.0 WwN 11alon.t CRY* N W. E 0)43.lagaer, ea* FRC IMT COUNTRYPLACE SECTION ELEVEN MOW COUIGY.lova CRIIN780PLACE 50070) EIEYEM, A PMIP0501 85180075107 OF A9510 M. 00r OE 111 K E. N B. R.R. SORVEY,'A-ala 29 LODI 3 WIC. OWNER: U.S. 11011e CORPOMTON 13010 W IC70893 0810. 531E 190 NOUST00. TCSA9 77018 (713) 066_7700 0089/4015 FERRO -At NO 151113 89070-06777080, 5131E 005 70007010 1E139 77077 (713) 496-0060 511808.7010 0771187L 01S.. INC. 1511 BOW UMSE, SUITE 400 /0*1 04. TOGS 77057-0940077770 1**6 L7.w✓7ZVTS.7Kld 11 SKEET 1 22 2 ACREAGE 0). 11021 110 1SNfBN 7 ' ....4:,..:. ---- i.;1..19-_:'0•,415-1{810 X Z rz k ra +"':°.w..."rm. �.. e.. • w. 71 w+ 0000.,. w :_irrrrye arltrMr• a• s % "'wz.. ~`134.K errIt':0314878•1. C"Q. SP1\ Tamm -b5 1. aauaa. Alf R5 o'er",. W. NORTH rxAr° �1s�,n.rs16 '2,1444•14.4-02.--444/4W.44.- 6.44 806.1 .2.4/404. .46 Wm) ...., Ea* Rey ».Mwr.,:,e...r..b, ...l a » (n • laclbp ,...,.R„o r»r• on,. (48) ere. -....r ..0ba.s. • na 6.4. 0 . N.W-R. (m) ow.. 201.02 02 rwlw0..r. r• M 'u•w w w. �� aur w 1-"" .8041 .m •. �Nav 44e6 w ba mod M+r gem.. 4. ler a Tn 1. r"Ni o...ns▪ ar�rwu.� m u wN Widow'Wa ui' IL P414, are00 ei, . Forma wr 222 021 Y...uaw IR IA win .61-0:16.4.27.1: » a .w hotrem n. buvwur mitt `e �rrrr:rrrr '°4• 1;:11,.11, tat 11. 11 nr. / ....rt .`irur• w ro.n.n. u.°wM"ran • i err;t :Z.r.°..-u"eo"° = e..w1. a 3.11.. r> r.. mon »1,...111. • n`a:i4,811 e,a . .. n»N ..1 . »4811 w R.wr..rr»,•a'°'":S r. 84.46. norm wen MCVN. Offt1P it.6.11t .36, meal. 08. Good 404re 040 es 11)3 4. of N..e, 1®, ��- 2" URMOIIMM! FA4)A:JI1 84(0414/O8CK 12002 JWI our e5014e474 LINE SIDE PROPERTY LI)( DETAIL 'A" IA.rx »a+• w X5' '°7. ai rr "'b """ _.. 2.41.1 r. 11144:618 �.pr"W~q"m. e:8µ _"�,. 1,/ er ha.•• ▪ a_ • 2044018TH." �b313.3111.196.4o Lamm. ) Br FwwAShwa 4.0.1 rwwwWurea rn M� ., ern P'''',14"= -t Pelt -wt le ,l. w • ny .w•4. 1'011 tq* 'W.M'W aw b m "W60041.1 e LI%,4801 • •ISI . ml .. VICINITr M$P $CNE in . 1,004' 0611 M. WAIT o, ...88 ( ». Wm. Cr +. "., seri.r we wrOui 564.16. aa. o. . 10«1 owr..sr., 4.:88:" wa4� . 80 05 4.11 -Wald n�'wawrt wm.tlb.bw 141, 448 . M.M� momenta'ewe. Pee rmwas•'rW. w`r nrurt .zroura,ira. v�«rea rpm. our w 4644.4 rwo.: to .. ml erma 40.1 Iis' aa'ar. Ma .w a�M'nAb.: u•n;eauri .:tl�giw M a �„�, „i2.7%r �r�r>�earw nrw.ya u.oy .n ..•www rm. re W •J.v"+ awr.r•.,..rriw wl. ��aarae .nigr teneeem eae. us Den. tee 1%3,V Or11,11031.:121 Oe.. Tel beceif111.3 1. 0r U.S. HOVE 3.0331C1.3310X �d41 M""w - MUM YE ", bow Nw .0 m ia.• a. an.. war' O. OaIm poraw+.lar r. mem. w 851,18.1• W..b ..no..e» r w wens. owelan eto. x21 over w •10 roc 8240 or xllek Rle__.m a 111X. 10.0 4104y- atax.4, Tony. Lor, em W marap„im •a 8.1.8.5. 2.vd 1°=� MIL PLAT OutiNTRYPLAC E SECTION TWELVE MAMMA MAY, loss COU001RY2AC0 56618" 1484£. A P0100000 SUOh2S1F4, OF lease AC. our OF nx J, 011/04E1' SUNEY, A-1. twao 14. Smear .wr .11►Y»�-W1no� tl'xRau w eu, 1G31 Iwrnn.Q mss_ Nm.b e1wnWfw � � 1.043181 of m0311," rw0231 81.2 'r 4.1.4. ry ztz 0r"i.O u i.W.mw a Rte•• 0. ra /F94 et2e! w0..�., ry 33 IUrS 2 81-00 1,4 0E5044 041£4: U.S. NOME 001I1.014/01O6 12012 4840/4.7:51€5 OWE 401/SFOa. TEX. 77021 (113) 8- exCrNB'A: Fano-SAILORS. »C. 680 WRY A44N00. SLLIE Sk, 40421011, 11245 non (113) I08-0058 S0N1EY011: UNIxASI. 02600, WIC. 1811 204740 0416, SUR 400 iO4. 1EA45 77251-0248 ("/13) 0e7-7710 WY 1a SPAZORIA C1111NP6. TEM WPM SONE Sr uh Uo.1 NI Eat *eV 4.0030 awe out of Ora R.T. k BRA. Canpwv Bony Memo( - 310, 6000,3 00 n% Tam and Wog porllan or Out akta n boat 4.3,434 N a Pod daredProlear *540004,., 00. to Meme Oa4wolle RNd M VW. 1126. NIG 650 045*4 Carnt7 Owd a . and CON owe ped1.4d0 dw0.4.40 M llama and llaa n bold Non conM°00 0104 42, Mack i, kation I d0oMyn9lrm004. *4710 16.00 a�19 IM pial Owed Rb In Yoke. I0 bap 109 Oratorio Gan/ Pat Rwad. and nur1819 O,s aa, 45 WormMow al lot 1, Book J Potion 11, COONNoow .0Yalan 0a4mr41n N 4. IM Bal Noma( Nei M Worm 19, Pop 670 51 &rab caany Plot Amend. Ronal N 09 14' 09• E - 8.06' sNA Brs .Both .a or aid tat 1 Mack J A.M.II N M 6/9• Yon 4d In ceno.N on tae made, Ola POINT OF WeINA 106 a her. mn,kad boa! Bowen 11, AWO7Paa Bu00MiNton7601 v4o a lamd h tho moth of 01 ,54 1.carn•E J. Po.r,a.at Ca„AVoP wMl 1°1°,41'"I YN 1000 rWodM 4 eain.n, • a 00.1 tlw M1llwlrq aN Y. 000 Na a e0a Ceanb»Mw SuwYAlan ScWn Ir�°°°s - I � 2 I 1 I BLOCK' 7 ------ if 001A7040, 50 VOLSO 10. K. 499 ILR.B.C.T. W / J U Thema N 09 14 50' E - 16300' o a Bund 129' Iron rad for earner: Amos 5 0P 45' at' C - 55.00' N o farad 17 en 0d for wen: Thermo N m 14' EYE - 10030' N a fund 1 2"khan and b wren Thom. 5 01. 22' 01• E - I15.59' la a bat 6/5• Ym ,adl.w1wa.alhwe m.n°ww 64,03 5' 01' E - 22f A5' 000 me N.a Ww a that whin beat NowCaroma In o asad from NC. llama ofatlon N Wale Roo Prowl/ Moeda Countyi6 at boles 6003 NanIrv. Mad In bir0k91-f00 170 to a loop 5/8 Iran and for earner; N 00 1119.14,004 1mn0Vu. 141041004! 0/410•0'of 1.e1 64,4, 010.9 16al 0dr".'" COa0NPow Ram 5.404 1: Thome N 00. 00' 5,' w - 350.00' N tn. 70144 010 WAVING as ...on 3030 taw al tae mon a we. PLAT-RECORDS VoIll_Pagen111-3g �om�.BI� �', iFS-f�S�IR➢BRi2jJFif 4 COGOVIRYPLACE car TOUPS& NC. RACT 4 VOL706, PC. 982 '90' tBN. \'\ `\'\', s9 BLOCK 3 1 I I (r I �' 1 - \, \ VIII „ Ii \ \, / / \ U 1.-_mreaa- "x ensue UxAr lbr'e 1 I I l0 9 \\�\ S \\ / /��'`., \ 5 swevr�''�'rsra- r- '- aP 4,45\ \ OVT \ �.�� \y,/ ''...1" - ,' • 3 SB I ., 3 7034 I kx r- eI 1 I ke' � B e( \ \ �' ,, , \ . ` \/ / / \ ,'` \ `~ fir` 1 1 � �l tkrlOP•[e .And JLdBta'!eL .. 7010112 \\ F,yc \; ..::7,... �,,' . ._ - W ..774'. 105 •--T--1 2... 1 S 551 I 1 r. Bm_ O� \ �� // �. I.+ 002 - r\ ''� 6 ��np Q� �I n �1 0.B On.' kreasw n(t r BaWd24F1'//// /� /� \ `C �\ ' a _1t4eaa• "7Th -I Y B // 4 / '� \ F iroweMwAOf \ _ ,5T , ! Yom. \ 40,4..1 �r36 �� 7 •BLOCK 1 s14` A51 �. N I N„..,..1,,,,.../.., � \ / 3 \ \ I. WL IN, PC. 69_676 I � w e I \\ \ / / ....,5:„..Z.,•:...* � x351.7. \ 1 av \0........`.-.27-6SLLJ1�d v\ 1500 •00505 OMR /0 MK ocustmoN cop SN. N N aw5y Mat CI. Om.70 aqw141w.d 0104*,00 1*m°mb,a. ew as 22 40. chew ^r•C ea grand, and Mel earner. a w. Womwem,ans.wgp M brabut ala 54 a 2,0444 fn. eM 6/0°x' lar 0015 21*44 W. 00 l mW, PO Tel InN mambo mow.. 'pm. rtuM 014 m.. OL Oa, 02 *Wow, P4{9e 5n,y'ae, W.. 1104054 0410 n PAY W 9.81504" ALMCRESTa COURT An.wn 8 7351,5 s In \ 6.39 n 4.w gthfiaka 00:1. II Tri- Nm 045 001 1 _ ser 1 Iw ,4lr4.31055 .1149.we maul. M PER' -dna. Na\��\ / j \m /\\ Gao7kr rw..W0r \ Canma.0' .......1 saOneMlR am...... \1 '°'CEaa�: I-. \\ / I .7 ,1 // ,_ / .590705 WM 1 7 VOL 9.4.0.4.1.G. 429 / I I ! I I I L J ORA/NAGE EASEMENT VOL 4600 , PC. 510 SCC I NALE.1 1,000/ Y 01,4 . ut 065511 w100,0110l e0aw 1110 mwa,�lnrow Mai�M 4x � -N�uYa,orers .rna.W 9015. 00005/ 1059 am .5550F AMOR Mea wlw N «Nr -mW. Tomo By Ywaw M FINAL Par COUNTRYPLACE SECTION THIRTEEN BRAZORIA COUNTY, TEXAS COUNMRIACE SECTION EMMEN. A PROPOSED 579011014 Of 43035 AC. OUT OF THE N. T. k B RR. SANEY, A-310 19 L074 I MOON NO RE5200105 M'NBC U.S. NAE CORPORATION 12012 OGCNFSRR 6M701, SUITT 160 1.19160 1E1005 17015 (713) 009-7700 00501000 154.00-54000115, NC. 550 00110.M9*IE0. SUM 506 50457041 0005 77027 Oral w5-9655 51.045550 104 am. k 00144974 PCNWIO. 5000 77501 (251)59-5450 SEPTEMBER 1997 BRAZOR5 COUNTY. TERAS a GRAPHIC $CAIS • kwrl Mk.w SHEET 1 OE 2 Lm.YOEIf«- m122_ N C. I swab a... Now a. wow �.mm..hma 1,1dL«4 41.v Jam. Newel ooNtlaimet aha «wwm 4. w'Nu nn *mbCNN. Gu. rum pa...maregia rm..R • +bra M am n�r4wm°�n 11/447/7 New In• Ilan OWN in • NNW Nun. Inn NNW NM Pr ;LI fbarn= In 4 ,r a IA ." A :S"et " m*.r4 """ 37:16 M M1rM OW Pm Yea wwlatt P.M. mos NA Ov It* ONO • A. w.n.an . Away Am.,. MPR , .. am ax....a�,rw«�±� am 22216021-10.1.-20.13112.21.2 444 . M,.I1, ._a,r them Mew (P) *en .11 7 las. x. 414 4 . r .. M1* 1.71 MO. 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P:.4. tti INNIANAmt w _' M t.w ...:1 w.a.,.wwwwww.y.w.11•41r. .nrmmP .ANI, mum... N emPm.Amt. .w.a. n. w. mw MN le Mt w IV= mw m...n .w :=44,44; u .' : AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COUNTRYPLACE AND COUNTRYGROVE This Is an excerpt; the complete document Is available at the Carriage House Office or File No. 01-020032 of the Official Records of Brazoria County (May 10, 2001) ARTICLE I DEFINITIONS 1.01. CPMCA: The term "CPMCA" shall mean and refer to the COUNTRYPLACE MASTER COMMUNITY ASSOCIATION, INC., its successors and assigns. The CPMCA has the power to collect and disburse those maintenance assessments as described in Article IV. 1.02. Owner: The term "Owner" shall mean and refer to the owner of record, whether one or mare persons or entitles, of a fee simple title to any Lot which is a part of the Properties, Including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.03. properties: The term "Properties" shall mean and refer to all real property which is covered by the Master Declaration. 1.04. ot: The term "Lot" shall mean and refer to any plat of land along with any improvements thereon shown upon any recorded subdivision map of the Properties with the exception of property designated as "Reserves," "Common Area" or golf course area, If any. 1.05. Common Area: The term "Common Area" shall mean all real property, together with the improvements thereon, owned by the CPMCA for the common use and benefit of the Owners. 1.06. Oualified Occupant: The term "Qualified Occupant" shall mean a permanent resident of CountryPlace who Is fifty-five (55) years of age or older. 1.07. CountryPlace: Unless used as part of the name of specific sections of the Subdivision, the term "CountryPlace" when used herein standing alone shall mean and refer to all Lots in all sections of CountryPlace and CountryGrove combined and all common areas and common facilities therein. ARTICLE II USE RESTRICTIONS 2.01. Single Family Residential Construction. [Does not apply to sections of CountryGrove.] No building shall be erected, altered or permitted to remain on any Lot other than one single family residential dwelling not to exceed two stories In height, which may have a private garage for not more than three (3) cars and bona fide servants' quarters, which structures shall not exceed the main dwelling in height and may be occupied only by a member of the family occupying the main residence on the building site or by domestic servants employed on the premises and no room(s) In the dwelling and no space in any other structure shall be let or rented. This shall not preclude the main residential structure from being leased or rented In Its entirety as a single residence to one family or person providing the occupants meet the restrictions of ¶ 2.03.A. 2.02. Requirements for Ownership. Any resident Owner shall be a Qualified Occupant, provided, however, that In the event a Lot Is owned and has, as permanent residents, a husband and wife, as tenants by the entirety, only one of said spouses need be a Qualified Occupant. The age requirement for ownership does not apply to Owners of Lots used as a permanent residence for a relative or other occupant who is a Qualified Occupant. 2.03. jzequlrements fqr Occupancy. It is intended that CountryPlace provide housing for persons who are fifty-five (55) years of age or older in accordance with The Housing for Older Persons Act of 1995 (the "Act"). The requirements of ¶ 2.02 and ¶ 2.03 are Imposed in compliance with the Act. In the event that any of the requirements are in conflict with the Act, the provisions of the Act shall prevail. A. Occupied Lots. Each of the occupied Lots in CountryPlace shall be occupied by at least one Qualified Occupant. In the event a Lot loses Its Qualified Occupant(s), the Owner of the Lot shall, within six (6) months of the date of such loss, bring the Lot Into compliance with this paragraph. B. Death of a Oua!ffied Qcculiant. The provisions of ¶ 2.03.A notwithstanding, if a Lot with resident Owners that satisfied the requirements for ownership as husband and wife under ¶ 2.02 when said Owners acquired the Lot subsequently loses Its Qualified Occupant by virtue of the death of that occupant, the surviving spouse shall be exempt from the requirements of ¶ 2.03.A and shall retain the right to vote under ¶ 3.02. Any change In occupancy after the death of the Qualified Occupant shall nullify this exemption and shall make the Owner subject to the requirements of ¶ 2.03.A. C. Minimum Age for Occupancy. No resident shall be under the age of eighteen (18) years, provided, however, that a member of the family of the Qualified Occupant under the age of eighteen (18) years may reside in the residence for periods of time not to exceed thirty (30) days per calendar year. D. Proof of Status. At the request of the CPMCA the occupants and intended occupants of the Lots within CountryPiace shall provide proof that at least one (1) is a Qualified Occupant. 2.04. Architectural Control. Architectural control of ail new construction and modifications, including but not limited to repairs, replacements, additions or improvements to the Properties shall be subject to the approval of the Architectural Control Committee which is hereby created. The Architectural Control Committee shall comprise not fess than three members approved by the Board of CPMCA in accordance with the Bylaws of the CPMCA. In the event that the Architectural Control Committee ceases to exist, then the Board of CPMCA shall act as, and constitute the Architectural Control Committee until such time that an Architectural Control Committee is created. A. Construction and Design Approval. No buildings, fences or Improvements of any character shall be erected or placed, or the erection thereof begun, or changes made In the design thereof after original construction, on any Lot until the construction plans and specifications and a plan showing the location of the structure or improvements have been submitted to and approved in writing by the Architectural Control Committee or its duly authorized representative, as to size, compliance with these restrictions, quality of material, harmony of external design with existing and proposed structures and as to location with respect to topography and finish grade elevation. The approval by the Architectural Control Committee shall not be deemed to constitute any warranty or representation by such Committee including, without limitation, any warranty relating to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations. B. Documentation. The Architectural Control Committee may require the submission to it of such documents and items (including as examples, but without limitation, written request for and description of the modification requested, plans, specifications, plot plans and samples of materials) as It shall deem appropriate, in connection with its consideration of the request. 2 C. Approval Process. If the Architectural Control Committee shall approve such request, the Architectural Control Committee shall evidence such approval by a written instrument addressed to the Owner of the Lot(s) expressing the decision of the Architectural Control Committee to approve the request, describing (when applicable) the conditions on which the request has been approved (including as examples, but without limitation, the type of materials to be permitted, and the fence height approved or specifying the location, plans and specifications applicable to an approved out-building) and signed by the Chairman or a majority of the then members of the Architectural Control Committee. Any request shall be deemed to have been disapproved for the purpose hereof In the event of either (a) a written notice of disapproval from the Architectural Control Committee; or (b) the failure by the Architectural Control Committee to respond to the request within sixty (60) days. D. Appeal. Any Owner may appeal a disapproved request or a conditioned approval to the Board of the CPMCA for review and/or reconsideration, which Board has the ultimate authority to approve or disapprove a request. In the event the Architectural Control Committee or any successor to the authority thereof shall not be functioning, any owner may submit a request directly to the Board. B. Limitation of Liability. The CPMCA, the Architectural Control Committee and any Individual members thereof shall not be liable for any act or omission In performing or purporting to perform the functions delegated hereunder. The Owner shall be and remain solely responsible and liable for compliance with all applicable building or development codes. F. Variances. It is the intent of the CPMCA that no variance or deviations from the requirements of this Declaration be permitted. However, a request for a variance or deviation may be submitted to the Architectural Control Committee as prescribed in ¶ 2.04.A above. All requests for a variance or deviation must be approved by the Architectural Control Committee and the Board of the CPMCA. If such a request is approved, the CPMCA, the Architectural Control Committee and any individual members thereof shall not be liable should such variance be In violation of any statutes, codes or regulations. The Owner shall be and remain solely responsible and liable for compliance with all applicable building or development codes. 2.05. Minimum Sauare Footage WithJCImptovements. [Does not apply to sections of CountryGrove.] The living area on the ground Floor of the main residential structure on any Lot (exclusive of porches, garages and servants' quarters) shall be not Tess than twelve hundred (1200) square feet. The total living area for a multi- storied shall be not Tess than twelve hundred (1200) square feet. 2.06. Location of the Improvements Upon the Lot. [Does not apply to sections of CountryGrove.] The recorded plat specifies a building set-back from the public right-of-way of twenty (20) feet in the case of a house where the garage faces the public right-of-way or fifteen (15) feet In the case of a house with a garage that does not face the public right-of-way. The private streets or driveways as shown on the plat shall not be considered public rights-of-way and no building set-backs are established for such private streets or driveways. No building shall be located on any Lot nearer than ten (10) feet to any side street line or nearer than five (5) feet to any interior lot-line, except that a garage or other permitted accessory building located sixty (60) feet or more from the front lot-line may be located within three (3) feet of an Interior lot-line; provided, however, that a dwelling may be located as near as three (3) feet to an interior lot-line so long as the distance between any adjacent dwelling and the dwelling situated as close as three (3) feet to an interior lot-line Is not less than ten (10) feet; provided, however, in no event shall the sum of side yard widths on any Lot be less than fifteen percent (15%) of the width of the Lot (except in the case of a garage or other accessory building set back sixty (60) feet as above described). This distance shall be measured (to the nearest foot) along the front set back line shown on the recorded plat. For the purposes of this covenant or restriction, eaves, steps, and unroofed terraces shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of the construction on a Lot to encroach upon another Lot. 3 2.07. Composite Bulldina,S(frQ. [Does not apply to sections of CountryGrove.] Any Owner of one or more adjoining Lots (or portions thereof) may consolidate such Lots or portions into one single-family residence building site, with the privilege of placing or constructing improvements on such site, in which case setback lines shall be measured from the resulting side property lines rather than from the lot -lines shown on the recorded plat. Any such proposed composite building site(s) must be approved by the Architectural Control Committee. 2.08. Resubdivision of Lots. [Does not apply to sections of CountryGrove.) No Lot shall be resubdivided, nor shall any building be erected or placed on any such resubdivided Lot, unless each building site resulting from such resubdivision shall have a minimum width of not less than thirty five (35) feet at the front building Ilne; provided, however, that nothing contained herein shall be construed to prohibit the resubdivision of any Lot by the Owner thereof prior to construction of residence(s) thereon If such resubdivision results in each resubdivided Lot or building site having the minimum Lot width aforesaid. Any such resubdivision must be approved by the Architectural Control Committee. Lots or building sites resulting from composition or resubdivislon of platted Lots which have not been replatted of record may be described by metes and bounds. 2.09. )casements. Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat and no permanent structure of any kind shall be erected upon any of said easements. Utility companies using the easements shall not be liable for any damage done by them, their assigns, their agents, their employees or their servants to shrubbery, trees, flowers or Improvements of the Owner located on the land within or affected by said easements. 2.10. prohibition of Tracie and Offensive Activities. No business or trade, whether for profit or not, shall be conducted on any Lot. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot which may be or shall become an annoyance or a nuisance to the neighborhood. 2.11, Use of Temporary Structures. Subject to the requirements of ¶ 2.23, no structures of a temporary character, mobile home, camper, trailer, basement, tent, shack, garage, barn or other out -building shall be used on any Lot at any time for a residence. Portable buildings used for accessory or storage purposes shall be limited to not more than eight (8) feet In height and one hundred twenty (120) square feet of floor space and shall be subject to approval of the Architectural Control Committee, 2.12. Storage of Automobiles—Boats. Trailers and Other Vehicles. No boat -trailers, boats, travel trailers, inoperative vehicles, campers, or vehicles of any kind shall be stored in the public street right-of-way or forward of the front building line. Storage of such Items and vehicles must be screened from public view, within the gar -age. 2.13. Mineral Operations. No oil drilling, oil development operations, di refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted on any Lot. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained or permitted on any Lot. 2.14. Animal Husbandry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats or other common household pets of the domestic variety may be kept, provided they are not kept, bred or maintained for commercial purposes and provided that no more than two (2) of each type of animal is kept. 2.15. Walls, Fences and Hedges. Subject to the requirements of ¶ 2.23, no wall, fence or hedge shall be erected or maintained on a Lot nearer to the front lot -line than the front building line of such Lot, nor on corner Lots nearer to the side lot -line than the building setback line parallel to the side street. No side or rear fence, wall or hedge shall be more than six (6) feet in height. No wire or chain link fence type construction shall be permitted 4 on any Lot. Any wall, fence or hedge erected on a Lot shall pass ownership with title to the Lot and It shall be the Owner's responsibility to maintain said wall, fence or hedge thereafter.. 2.16. Visual Obstruction at the Interspcfion of Public Streets. No object or thing which obstructs sight fines at elevations between two (2) and six (6) feet above the surface of the streets within the triangular area formed by the curb lines of the streets Involved and a line running from curb line to curb line at points twenty-five (25) feet from the junction of the street curb fines shall be placed, planted or permitted to remain on any corner Lots. 247. Lot Maintenance. The Owner or Qualified Occupant of all Lots shall at all times keep all weeds and grass thereon maintained In a sanitary, healthful and attractive manner and shall in no event use any Lot for storage of material and equipment except for normal residential requirements or Incident to construction of Improvements thereon as herein permitted. The accumulation of garbage, trash or rubbish of any kind or the burning (except as permitted by law) of any such materials Is prohibited. In the event of default on the part of the Owner or Qualified Occupant of any Lot in observing the above requirements or any of them, such default continuing after ten (10) days written notice thereof, the CPMCA may without being under any duty to so do, and having no liability in trespass or otherwise, enter upon said Lot, and cut, or cause to be cut, such weeds and grass and remove or cause to be removed, such garbage, trash or rubbish or do any other thing necessary to secure compliance with these restrictions and to place said Lot in a neat, attractive, healthful and sanitary condition, and may assess the Owner of such Lot for the cost of such work. The Owner agrees by the purchase of the Lot to pay such charges Immediately upon receipt thereof. The cost of such work so assessed to the Owner shall be secured by the lien reserved In favor of the CPMCA in Article TV hereof and may be collected and the payment of same enforced by the CPMCA pursuant to the provisions of Article IV hereof. Provided, however, that no action for foreclosure may be commenced or brought against the Owner or the Lot solely as a result of the non-payment of such charge. 2.18. Maintenance of Improvements. The Owner of all Lots shall at all times keep all improvements thereon maintained In a good repair and neat condition, including, but not limited to, roof shingles, gutters, siding, painted trim, exterior doors and fencing. On the affirmative vote of a majority of the full Board, the Board shall notify the Owner of the deficiencies that must be remedied. The Owner shall have ninety (90) days after notification to remedy the deficiencies or thirty (30) days after the notification to request a personal appeal to the Board. If an appeal is rejected by the Board the Owner shall have ninety (90) days from the date of rejection to remedy the deficiencies. If the deficiencies are not remedied within the time allowed by the Board, the Board may proceed to remedy the deficiencies. The CPMCA and their contractors may trespass or otherwise enter upon said Lot to remedy the deficiencies. The CPMCA shall assess the Owner of the Lot for the total cost associated with this work. The Owner agrees by the purchase of the Lot to pay such charges immediately upon receipt. The cost of such work so assessed to the Owner shall be secured by the lien reserved in favor of the CPMCA in Article IV hereof and may be collected and the payment of same enforced by the CPMCA pursuant to the provisions of Article IV hereof. Provided, however, that no action for foreclosure may be commenced or brought against the Owner or the Lot solely as a result of the non-payment of such charge. 2.19. Visual Screening of Lots. The drying of clothes in public view Is prohibited, and the Owner or Qualified Occupant at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the Lot is visible to the public shall construct and maintain a drying yard or other suitable enclosure to screen drying cloths from public view. Similarly, all yard equipment, woodpiles or storage plies shall be kept screened by a service yard or other similar Facility so as to conceal them from view of neighboring Lots, streets or other property. 2.20. gigns, Advertisements, Billboards. No sign, advertisement, billboard or advertising structure of any kind shall be placed, maintained or displayed to the public view on any Lot except one sign for each building site, of not more than five (5) square feet, advertising the property for sale or rent. The CPMCA, or its representative, shall have the right, upon notice, to remove any other sign, advertisement, billboard or similar structure which is 5 placed on any Lot, and in doing so shall not be subject to any liability for trespass or other tort In connection therewith or arising from such removal. 2.21. Roofing Material. The roof of any building (including any garage or servants' quarters) shall be constructed or covered with composition type shingles subject to the requirements of ¶ 2.04.A. Any other type of roofing material shall be permitted only at the sole discretion of the CPMCA Board upon written request. 2.22. Antennas, Satellite Dishes and Parabolic Receivers. Subject to the requirements of ¶ 2.04.A, satellite dishes that comply with the Federal Communications Commissions' regulations for residences and are designed to receive television broadcast may be installed in conformance with the Architectural Guidelines. All other antennas, satellite dishes, and parabolic receivers are prohibited, 2.23. Golf Course and Lake Front Lots. No structure or object of any type (including, without limitation, fences, temporary buildings, shrubs, trees or plantings) shall be placed, planted, erected or constructed on any Lot opening or abutting any lake or portion of the golf course, between the residence/garage structure on such Lot and the golf course or lake affected without the prior written approval of the Architectural Control Committee. In this regard, the Architectural Control Committee shall consider only fences which maintain an open effect such as constructed of wrought Iron, without ornate designs. Notwithstanding 11 5.06, entitled "Amendment," no amendment of this paragraph shall be effective without the written joinder of the owner of the golf course thereto. ¶ 2.23 may be enforced by the owner of the golf course from time to time. 2.24. Underground Electric Service. An underground electric distribution system has been installed in Country Place, The Owner of each Lot receiving electric service by virtue of such underground electric distribution system shall be responsible for the maintenance, repair, and replacement of that portion of the underground electric distribution system from the underground service company's meter on customer's structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition the Owner of each such Lot shall, at the Owner's cost, furnish, Install, own and maintain a meter loop (in accordance with then current standards and specifications of the electric company furnishing service) for the location and Installation of the meter of such electric company for the residence constructed on such Owner's Lot. For so long as underground service Is maintained the electric service to each Lot therein shall be underground, uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current. ARTICLE III CPMCA, CPMCA MEMBERSHIP 6,ND VOTING R1 HTS 3.01. Membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. All Owners who meet the age requirements of ¶ 2.02 shall be entitled to membership in the CPMCA. 3.02. Voting Riahts. There shall be only one vote per each Lot. Ail Owners of Lots who are Qualified Occupants shall be entitled to vote. Owners who are not Qualified Occupants shall not be entitled to vote. When the Owner(s) of a Lot Is not a Qualified Occupant then the Qualified Occupant(s) of that Lot shall be entitled to vote. When more than one Owner or Qualified Occupant of a Lot Is entitled to vote, the vote for such Lot shall be exercised as they determine. Holders of future interests not entitled to present possession shall not be considered as Owners for the purposes of voting in CPMCA matters. 6 ARTICLE IV COVENANT FQR MAINTENANCE ASSESSMENTS 4.Q1. Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not It shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the CPMCA; (1) annual assessments or charges, and (2) special assessments for capital improvements or for repayment of funds borrowed and used in payment of capital Improvements (collectively, "Assessments"). Arty other charge(s) assessed against a specific Lot for the cost of work performed on, or on behalf of, or related to said Lot by the CPMCA necessary to secure compliance with these restrictions may, at the option of the CPMCA, be levied as a charge against the Owner of such Lot and such charge shall be a personal obligation of such Owner and such charge shall be secured by the Lien in favor of the CPMCA in 114.05 hereof; provided, however, that the CPMCA shall not commence or bring any action against the Owner or Lot of foreclosure solely as a result of the non- payment of such charges. The assessments shall be established and collected as hereinafter provided. 4.02. Purpose of Assessments. The assessments shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners of the Lots, including, specifically, the maintenance of the Common Area, A. Annual Assessment by CPMCA, The annual assessment may be increased for each year by an amount equal to not more than ten percent (10%) above the previous year's annual assessment without a vote of those qualified to vote under ¶ 3.02. B. Additional Annual Assessment;. The annual assessment may be increased by an amount In excess of ten percent (10%) of the previous years assessment by a vote of two-thirds (2/3) of those qualified to vote under ¶ 3.02 who are voting in person or by proxy, at a meeting duly called for such purpose, 4.03. Special Assessments for Capital Improvements. In addition to the annual assessment authorized In ¶ 4,02.A above, the CPMCA may levy In any assessment year, a special one-time assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, Including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of those qualified to vote under 113.02 who are voting In person or by proxy at a meeting duly called for this purpose. 4.04. Notice and Quorum for an Action Authorized Under 11 4.02.B and 11 4.03. Written notice of any meeting called for the purpose of taking any action authorized under ¶ 4.02.6 and ¶ 4.03 shall be mailed (by U.S. first class mail) to all those qualified to vote under ¶ 3.02 not Tess than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of those qualified to vote under ¶ 3.02 or their proxies entitled to cast sixty percent (60%) of all the votes of those qualified to vote under 113,02 shall constitute a quorum. If the required quorum is not present at any such meeting, the meeting shall be adjourned but another meeting may be called subject to the same notice requirement, but the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum applicable in the case of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4.05. Effect of Nonpayment of Assessments; Remedies of the CPMCA. The assessment(s) set forth in 11 4.02 and ¶ 4.03, above, together with Interest at the rate of ten percent (10%) per annum, costs and reasonable attorneys' fees, shall be a charge on the Lot and shall be a continuing Ilen upon the Lot against which each such assessment is made. Each such assessment, together with Interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment fell due. The lien provided for herein in favor of the CPMCA was reserved and/or set out by the Declarant in the original respective Declarations of Covenants, Conditions, and Restrictions for each Section for the benefit of CPMCA, and/or reserved, and/or set out by the Declarant In the original deed(s) conveying each Lot from the 7 Declarant for the benefit of CPMCA, and such lien is expressly ratified, approved, confirmed, and restated hereby. Each Owner of a Lot approving this Agreement and each subsequent purchaser of a Lot hereafter specifically agrees, ratifies, and confirms the existence and operation of such contractual lien to secure the payment of all such assessments. The CPMCA may bring action at law against the Owner personally obligated to pay the assessment, and foreclose the Tien against the Lot involved by judicial foreclosure. In any such lawsuit or judicial proceeding, the Owner shall be obligated to pay all attorneys' fees and costs in accordance with applicable law. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of a Lot. 4.06, Subordination of the Lien to Mortaaaes. The Iien of the assessments provided for herein shall be subordinate to the lien of any first mortgage existing at any time upon the particular Lot Involved. Safe or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure (whether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to the payment which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the Hen thereof, but such lien shall exist as, and constitute, a separate and distinct charge and lien on each Lot. ARTICLE V GENERAL PRQVISIONS 5.01. Enforcement. The CPMCA or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of thls Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 5.02. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain In full force and effect. 5.03, Easement of Eniovment. Every Qualified Occupant and resident family member eighteen (18) years of age or older shall have a right and easement of enjoyment in and to any Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions: A. Admission and Use Fees. The CPMCA shall have the right to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area, If any. L Susnenslon of Rights. The CPMCA shall have the right to suspend the voting rights and right to use any recreational facility by an owner or Qualified Occupant for any period during which any assessment against the Lot remains unpaid and for a period not to exceed sixty (60) days for each infraction of Its published rules and regulations. 5.04. Right of Dedication. The CPMCA shall have the right to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Owners of Lots. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of those qualified to vote under ¶ 3.02 agreeing to such dedication or transfer has been recorded in the Public Records of Real Property of Brazorla County, Texas. 5.05. Collection and Disburseruent of, g,ssessrrstnts and Charges. The CPMCA shall have the right to collect and disburse those funds as set forth in Article IV. 5.06. Amendment. The covenants and restrictions of this Declaration shall run with the land and bind the Properties until March 15, 2017, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended prior to March 15, 2017 by the affirmative vote and/or approval of not less than seventy percent (70%) of those qualified to vote under 113.02 and thereafter by an affirmative vote and/or approval of not less than sixty percent (60%) of those qualified to vote under ¶ 3.02, Such vote and/or approval may be obtained by a meeting of the Owners (whether special or annual, provided that In either case notice of such proposed amendment is Included In the Notice of the Meeting) voting in person or by proxy; or by virtue of a written petition or other instrument in writing circulated by and among the Owners evidencing the approval of the Owners. No person shall be charged with notice of or Inqulry with respect to any amendment until and unless the President of the CPMCA shall have executed a Certificate certifying that such amendment has been approved by the requisite percentage of Lot Owners and such Certificate, together with the amendment, has been filed for record in the official Public Records of Real Property of Brazoria County, Texas. Such Certificate shall Include, by attachment, a copy of the ballots, written petition, or other instrument(s) which evidence and/or constitute such approval, all certified by the President of CPMCA to be true and correct copies of the originals. 5.07. Interpretation. If any Declaration or any word, clause, sentence, paragraph or other part hereof shall be susceptible of more than one or conflicting Interpretations, then the Interpretation which is most nearly In accordance with the general purposes and objectives of this Declaration shall govern. 5.08. Books and Records. The books, records and papers of the CPMCA shall be subject to Inspection by any member during normal business hours for any proper purpose by appointment only. The Articles of Incorporation, Bylaws of the CPMCA, and Covenants, Conditions and Restrictions, shall be available to any member of the CPMCA during normal business hours. Copies of these documents may be purchased at a reasonable price. 5.09. Omissions. If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing In this Declaration shall be omitted here from, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. 5.10. Special Provisions applicable to Section Seven (7) and Section Twelve (12), Block One (1) of CountrvPlace. As respects the subdivision of CountryPlace known as Section 7 and Section 12, Block 1. (Peach Blossom Dr.) according to the map or plat thereof recorded, respectively, in Volume 19, Pages 373-374 and Volume 19, Pages 485-486 of the Plat Map Records of Brazoria County, Texas, (the "Subdivisions"), the CPMCA shall, as a common expense of the Owners of the Lots In these Subdivisions, paid with an annual neighborhood assessment hereinafter provided for, mow and generally maintain all Lots in the Subdivisions and the CPMCA and its contractors shall have an easement and the right to enter upon the Lots for such purposes. The Owners of all Lots in these Subdivisions shall be responsible for all additional work as may be necessary to satisfy the requirements for Lot maintenance set forth in Article II, Section 2.17 of these Covenants, Conditions, and Restrictions. A. Neiphk7orhood Assessment. Each Owner of any Lot in Section 7 and Section 12, Block 1 of CountryPlace, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the CPMCA a neighborhood assessment in addition to the assessments provided for in Article VI Section 4.1 and 4.3 which shall be used by the CPMCA exclusively to pay the expenses of mowing and maintaining the Lots in these Subdivisions and any other expenses incurred solely for the benefit of the Owners of the Lots in these Subdivisions. B. Setting of Neicihborhopcd Pees, Neighborhood fees shall be set annually by the CPMCA as necessary to cover the costs of the services provided pursuant to Article 5.10 and shall be collected with the annual assessment specified In Article IV, paragraph 4.1 of these Covenants, Conditions, and Restrictions. 9 C. Amendment,, This Article 5.10 may be amended with respect to Section 7 and Section 12, Block 1 of CountryPlace, collectively, by an Instrument signed by the CPMCA and the Owners of not less seventy- five percent (75%) of the Lots In the affected Subdivisions. 5.11. $ecuritv. The CPMCA, its officers, directors, employees and agents shall not be considered an insurer or guarantor of security within CountryPlace. Each owner and occupant of any Lot acknowledges that the CPMCA and its officers, directors, employees and agents are not guarantors or insurers of security and that any access control services, patrols, monitoring devices and the like are provided without any warranty, express or implied, that they will prevent loss by or damage to owners, occupants, visitors or property within CountryPlace. 10 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LAKES AT COUNTRYPLACE THIS DECLARATION (this "Declaration"), made as of the date hereinafter set forth by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, 'Declarant is the owner of approximately 265 acres of land in Brazoria County, Texas on the north side of McHard Road east of Texas State Highway 268; and WHEREAS, Declarant has platted and subdivided a portion of such land as The Lakes at CountryPlace, Section One (1) ("Section One") according to the plat thereof filed in Volume , Pages - of the Map Records of Brazoria County, Texas: • WHEREAS, Declarant intends by this Declaration to impose mutually beneficial restrictions under a general plan of improvements for the benefit of all owners of the property within Section One and such other portions of its property as may hereafter be annexed into the jurisdiction of the Association (as hereinafter defined) and Declarant desires to provide a flexible and reasonable procedure for the overall development of the property within the jurisdiction of the Association and to establish a method for the administration, maintenance, preservation, use, and enjoyment of such property. NOW, THEREFORE, Declarant hereby declares that the real prop.erty within Section One is hereby subjected to the provisions of this Declaration and such property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens hereinafter set forth, which are for the purpose Of protecting the value and desirability of, and which shall run with the title to, the real property subject to this Declaration, and shall be binding on all persons having any right, title, or interest in all or any portion of such property, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE I pEFINITiONS The following words, when used in this Declaration, shall have the following meanings: SECTION 1. "Area of Common Responsibility" shall mean the Common Area, together with those areas, if any, which by contract or agreement become the responsibility of the Association. Road rights -of -ways, Banks and Lakes within or adjacent to the Properties may be part of the Area of Common Responsibility. RLR\98883.\DR12301.32 SECTION 2. "Articles of Incorporation" means the Articles of Incorporation of the The Lakes of CountryPlace Community Association, inc. and any amendments thereto, as filed with the Secretary of State of the State of Texas. SECTION 3. "Assessment" shall mean the General Assessments, Neighborhood Assessments, special assessments, and/or any other amounts or sums due by any Owner to the Association pursuant to the provisions of this Declaration or a Supplemental Declaration, levied by the Association for purposes of obtaining funds to pay Association Expenses as provided herein. SECTION 4. "Association" shall mean and refer to The Lakes at CountryPlace Community Association, Inc., a non-profit, non -stock, membership corporation incorporated under the laws of the State of Texas, its successors and assigns. SECTION 5. "Association Expenses" shall mean and include the actual and estimated expenses of operating the Association, both for general and Neighborhood purposes, including any reasonable reserves; all as may be found to be necessary and appropriate by the Board of Directors of the Association pursuant to this Declaration and the Association's By -Laws and Articles of Incorporation. SECTION 6. "Bank" shall mean and refer to the areas of land between the boundary line of a Lot or Common Area and a Lake, which areas may be included in the Area of Common Responsibility and maintained by the Association. Unless conveyed to the Association, such areas shall not be a part of the Common Area or Exclusive Common Area. SECTION 7, "Board of Directors" or "Board" shall mean the goveming body of the Association. SECTION 5. "Builder" shall mean and refer to any Person undertaking the construction of a Single Family Residence on a Lot for the purpose of selling same. SECTION 9. "By -Laws" shall mean the By -Laws of the Association, as amended from time to time. SECTION 10. "Class B Control Period" means the period ending on the date on which the Declarant has conveyed all Lots owned by it In the Properties, during which period the Class "B" Member is entitled to appoint and remove the members of the Board of Directors. SECTION 11, "Common Area" shall mean and refer to any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association. RLR 98t63.11D812301.32 2 SECTION 12. "Community Center" shall Mean and refer to Reserve A of Section One and the Improvements constructed or to be constructed thereupon, including, without limitation, a clubhouse building, swimming pool, tennis courts, playground facilities, parking areas and open spaces, The Community Centeris or will be a portion of the Common Area. SECTION 13. "Declarant" shall mean and refer to U.S: Home Corporation, a Delaware corporation, its successors and • assigns, provided that In the case of an assignee, the assignee has acquired all or any portion of the remaining undeveloped or unsold portions of the property within the jurisdiction of the Association, and provided further, in the instrument of conveyance to such assignee or by a separate written instrument placed 'of record in the real property records of Brazoria County, Texas, such assignee is designated as the "Declarant" by the Declarant hereunder at such time. Upon such designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that there shall be only one person or legal entity entitled to exercise therights and powers of the "Declarant" hereunder at any one point in time. SECTION 14. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for The Lakes at CountryPlace as it may hereafter be amended. SECTION 15.. "Exclusive Common Area" shall mean and refer to the property and facilities which are solely for use by the Owners and Occupants of a certain Neighborhood, which property and facilities may be maintained either by another property owners association or by the Association at the expense of such Neighborhood with Neighborhood Assessments. Unless conveyed to the Association, such property and facilities shall not constitute Common Area. hereof, SECTION 16. "Exempt Property" shall have the meaning set forth in Article IiI SECTION 17. "General Assessments" shall mean assessments levied for Association Expenses determined by the Board of Directors to benefit all Owners of the Properties. SECTION 18. "Golf Course" shall mean and refer to the golf course and related improvements and facilities within or in the vicinity of the Properties. The Golf Course shall not be a portion of the Common Area. SECTION 19. "Lake" shall mean and refer to a permanent man-made body of exposed water within or adjacent to the Properties. A Lake may be a part of the Golf Course. RLR198863.1 D R12301.32 3 SECTION 20. "Landscaping Guidelines" shall mean and refer to landscape design, installation and maintenance criteria for the Lots which are adopted by the Modifications Committee. SECTION 21. "Lot" shall mean and refer to any portion of the Properties, whether developed or undeveloped, upon which a Single Family Residence has been constructed or it is intended that a Single Family Residence be constructed, excluding reserve tracts, but including lots created by the platting or repiatting of a reserve tract. "Lots" shall mean and refer to each Lot and all of them. In the case of a parcel of land planned for single family residential development which has not been platted into Lots, the parcel shall be deemed to contain the number of Lots designated by the Declarant on the development plan for such parcel of land unless or until a different number of Lots is platted. SECTION 22. "Managing Agent" shall mean and refer to the Person employed or retained by the Board of Directors by contract to handle the day -today affairs of the Association. SECTION 23. "Member" shall refer to every Person entitled to membership in the Association, as provided herein. SECTION 24. "Modifications Committee" refers to the committee created by this Declaration which has the right to review plans, and specifications for the alteration or modification of improvements on the Lots within the Properties. SECTION 25. "Mortgage" shall mean and refer to a deed of trust, mortgage or other similar security instrument granting, creating, or conveying a lien or security interest upon a Lot. SECTION 26. "Mortgagee" shall mean a beneficiary or holder of a Mortgage. SECTION 27. "Neighborhood" shall mean and refer to an area within the Properties designated as a separate Neighborhood by the Declarant in a Supplemental Declaration or other recorded instrument. Ali property within the jurisdiction of the Association which is not included within a designated Neighborhood shall be considered a part of a single unnamed Neighborhood, SECTION 28. "Neighborhood Assessments" shall mean assessments levied by the Board of Directors for payment of the Neighborhood Expenses of a particular Neighborhood. SECTION 29. "Neighborhood Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the benefit of the Owners and RLR198883.\DR12301.32 4 more Persons OT tris Tee simple true to a Lot WItFI UIG rIUpGIUe , Iiiy ..UuIuaui. aaucia, but excluding those having an Interest merely as security for the performance of an obligation or those owning an Interest in the mineral estate. SECTION 33. "Person" shall mean any natural person, corporation, joint venture, partnership, association, trust or other fegal entity. SECTION 34, "Properties" shall mean and refer to (i) the real property contained within Section One described in the preambles to this Declaration, and (0) such other real property as may be brought within the jurisdiction of the Association In accordance with the provisions of this Declaration. SECTION 35. "Section One" shall mean and refer to The Lakes at CountryPlace, Section One (1), a subdivision in Brazoria County, Texas according to the plat thereof filed in Volume , Pages _ 4 of the Map Records of Brazoria County, Texas. SECTION 36. "Single Family" shall mean and refer to any number of persons related by blood, adoption or marriage living with not more than one (I) person who is not so related as a single household unit, or to no more than two (2) persons who are not so related living together as a single household unit and the children of either of such individuals, and the household employees of either such household unit. SECTION 37. "Single Family Residence" shall mean and refer to a detached residence constructed on a single Lot Intended for use and occupancy by a Single Family. SECTION 38. "Street" shall refer to any street, boulevard, road, alley, lane, avenue, or thoroughfare and the attendant curbs and storm sewer Inlets within or adjacent to the Properties. SECTION 39. "Supplemental Declaration" shall refer to a separate declaration of covenants, conditions and restrictions which is imposed on a portion of property within the RLR198663.1DR12301.32 5 Occupants • of a particular Neighborhood, which may include a reasonable reserve for capital repairs and replacements.. SECTION 30. "New Construction Committee" refers to the committee created by this Declaration which has the exclusive right to approve plans 'and specifications for the initial Improvements constructed on the Lots within the Properties. SECTION 31. "Occupant" shall mean any person occupying a Single Family Residence within the Properties for any period of time, regardless of whether such person is a tenant of the Owner of such property. SECTION 32. "Owner" shall mean and refer to the record owner, whether one or jurisdiction of the Association which may be enforced by the Association. COMMUNITY ASSOCIATION, INC. SECTION 1. ORGANIZATION. The Association has been organized and formed as a non-profit corporation under the laws of the State of Texas. The principal purposes of the Association are the collection, expenditure, and management of the maintenance funds, enforcement of the restrictions contained herein and In Supplemental Declarations, providing for the maintenance and preservation of the Area of Common Responsibility and the facilities of the Association and architectural control of the Lots in the Properties. SECTION 2. MEMBERSHIP. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any properly which is subject to assessment by the Association.. No Owner, whether one (1) or more Persons, shall have more than one (1) membership per Lot owned. In the event the Owner of a Lot Is more than one (1) Person, votes and rights of use and enjoyment shall be as provided herein. The rights and privileges of membership in the Association may be exercised by a Member or the Member's spouse, subject to the provisions of this Declaration and the By -Laws. The membership rights of a Lot owned by a corporation or partnership shall be exercised by the individual designated from time to time by the Owner in a written Instrument provided to the Secretary of the Board, subject to the provisions of this Declaration and the By -Laws. SECTION 3. VOTING. The Association shall have two classes of membership, Class "A" and Class "B", as follows: ARTICLE II THE LAKES AT COUNTRYPLACE (a) CLASS A. Class "A" Members shall be all Owners with the exception of the Class "B" Member. Class "A" Members shall be entitled to one (1) vote for each Lot of which they are the Owner. In any situation where more than one Person holds.the interest in a Lot required for membership in the Association, the vote for such Lot shall be exercised as those Persons among themselves determine and advise the Secretary of the Association in writing prior to any meeting. In the absence of such advice, the vote for such Lot shall be suspended in the event more than one Person seeks to exercise it. • (b) CLASS B. The Class "B" Member shall be the Declarant which, during the Class B Control Period, shall have ten (10) votes for each Lot it owns in the Properties. The Class "B" Member shall be entitled to appoint and remove the members of the Board of Directors during the Class B Control Period and shall. have the right to approve or RL21988433.1DR12301.32 6 disapprove certain actions as spedfled In this Declaration, The Class "B" Membership shall cease upon (1) the expiration of the Class B Control Period or (ii) on such earlier date that the Declarant, In its sole discretion, so determines and records an instrument to such effect In the real property records of Brazoria County, Texas. In the event the Class "B" Membership ceases pursuant to clause (11), the Declarant shall be a Class "A Member thereafter with respect to the Lots it owns. SECTION 4. NEIGHBORHOODS. The Declarant shall have the .right to designate any area within the Properties as a Neighborhood by a Supplemental Declaration administered by the Association or by other recorded Instrument. All portions of the Properties not included within a designated Neighborhood shall be considered a part of a single unnamed Neighborhood. The Declarant may, at its option, create a separate homeowners association for a Neighborhood with jurisdiction over the Lots solely within such Neighborhood to administer the provisions of a separate restrictive covenants instrument applicable only to the Lots within such Neighborhood. In the event of a conflict between the provisions of any such Neighborhood restrictive covenants instrument and this Declaration, the provisions of this Declaration shall control. ARTICLE III COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. PURPOSE OF ASSESSMENT, The assessments provided for in this Declaration shall be used by the Association to maintain and keep in good repair the Area of Common Responsibility and for the general purposes of promoting the common benefit of the Owners and Occupants in the Properties. The judgment of the Board of Directors as to the expenditure of assessments shall be final and conclusive so long as its judgment is exercised in good faith. Funds obtained by the Association may, in the Board's discretion, be used to finance all or any of the following: Operation, mowing, maintenance, repair, and improvement of the Area of Common Responsibility, including road .rights-of-way, easements and other • areas within, adjacent to and In the vicinity of the Properties; ii. Payment of taxes and premiums for insurance coverage in connection with the Common Area and for directors and officers liability insurance; RLR198863.11:02301.32 7 Paying the cost of labor, equipment (including expense of leasing any equipment), material, and any associated management or supervisory services and fees; iv. Paying the cost and fees of a manager or firm retained to carry out the duties of the Association or to manage, the affairs and property of the Association; v. Maintaining or replacing any landscaping in the Area of Common Responsibility; vi. Designing, purchasing and installing any improvements .to the Area of Common Responsibility; vii. Removing debris from the Area of Common Responsibility; Contracting for street lights in the Properties; ix. Collecting and disposing of trash, garbage, rubbish and other similar materials If the Board decides to provide such service to the Properties; x. Payment of legal fees and expenses incurred to collect assessments and enforce this Declaration; xi. Contracting for access patrol or security services; xii. Maintaining, repairing, replacing and/or reconstructing private Streets within the jurisdiction of the Association; xiii. Contracting for insect and pest control such as mosquito fogging; xiv. Carrying out the duties of the Board of Directors of the Association; xi. Creation and funding of such reserve funds as the Board of Directors of the Association deems necessary; and xvi. Carrying out such purposes of the Association as RLR198863.1DR12301.32 8 generally benefit the Members of the Association. SECTION 2. TYPES OF ASSESSMENTS. Each Owner by acceptance of a deed to any land in the Properties, whether or not It shall be so expressed in such deed, covenants and agrees to pay to the Association: (I) General Assessments; (ii) Neighborhood Assessments, If applicable; and (iii) Special Assessments to be established and collected as hereinafter provided in Section 5 of this Article III. (a) General Assessments. General Assessments shall be levied for Association Expenses which are determined by the Board to benefit all Members. Such expenses benefitting all Members shall bo all Association Expenses except the expenses which are determined by the Board to benefit a particular Neighborhood or Neighborhoods. The good faith determination by the Board of which Association Expenses constitute Neighborhood Expenses shall be final. The initial annual General Assessment shall commence on the date that the first Lot in the Properties Is conveyed by the Declarant or such later date as the Board determines. If such assessment commences on a date other than January 1, such assessment shall be adjusted according to the number of months remaining In the calendar year. Thereafter, annual General Assessments shall be levied for each calendar year In advance. (b) Neighborhood Assessments. Neighborhood Assessments shall be levied against the Lots in a particular Neighborhood where the Board has determined that certain Association Expenses benefit only that Neighborhood. Upon written request by the Owners of a majority of the Lots within a Neighborhood, the Board 'shall initiate a service benefitting only that particular Neighborhood which shall be paid for by a Neighborhood Assessment or the Board shall discontinue a service previously provided to a Neighborhood. Association Expenses benefitting only a particular Neighborhood may Include, without limitation, Association Expenses incurred for maintenance and repair of the following items and provision' of the following services within a particular Neighborhood: private Streets (unless all Streets within the Properties are private), backdoor garbage pick -pp service as opposed to curb side service, custom mailboxes, access control or patrol services, and operation and maintenance of Exclusive Common Areas, landscaping, fountains, lighting and signage within the particular Neighborhood. The Neighborhood Assessment applicable to a particular Neighborhood shall be divided by the number of Lots and each Owner of a Lot contained within the concerned Neighborhood shall be assessed an amount equal to the quotient so obtained. (c) Reserves for Private Streets. The Association shall have the obligation to maintain, repair, replace and/or reconstruct all private Streets within the Properties unless otherwise specified by the Declarant in a separate recorded instrument. In the event that all Streets within the jurisdiction of the Association are RI -RM 863. W R12361.32 9 private, the funds required for such purpose shall be obtained from the General Assessments and said funds shall be deposited into the Association Road Fund (as hereinafter defined) upon the initial sale of each Single Family Residence. In the event that only a certain Neighborhood or Neighborhoods are served by private Streets, the funds required to pay the costs of maintaining the Streets within 'a particular Neighborhood shall be obtained through the Neighborhood Assessments levied ' on the Lots in such Neighborhood and the funds deposited into the Neighborhood Road Fund (as hereinafter defined) of such Neighborhood upon the initial sale of each Single Family Residence therein. Upon the initial sale of each Single Family Residence within the Properties which Is served by private Streets, the Initial purchaser of such residence shall pay to the Association an amount specified by the Association's Board of Directors from time to time which payment shall be deposited into a separate fund maintained by the Association for Street maintenance purposes. If all Streets within the jurisdiction of the Association are private, the Association shall maintain a single fund into which all such payments shall be deposited (the "Association Road Fund"), or in the event only the Streets In a certain Neighborhood or Neighborhoods are private, the Association shall maintain a separate fund for each Neighborhood which has private Streets (a "Neighborhood Road Fund") for the purpose of receiving the payments made upon the initial sale of each residence within the applicable Neighborhood as above specified. Funds , initially deposited into the Association Road Fund or the Neighborhood Road Funds, as applicable, shall be expended by the Association solely for road maintenance purposes and in the event of separate Neighborhood Road Funds, the monies within each particular fund shall be expended solely for the maintenance of the Streets within the applicable Neighborhood. The Association shell maintain a separate interest-bearing bank account for the Association Road Fund or each Neighborhood Road Fund and interest earned shall become a part of the applicable fund. SECTION 3. CREATION OF LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS. All Assessments, together with a late charge In such amount as may be established by the Board or interest commencing on the due date at a rate of interest to be set from time to time by the Board of Directors not in excess of the maximum lawful rate, and costs (specifically including, but not limited to, any fiat charges or percentage fees charged by any collection agencies used by the Association in collecting Assessments), and reasonable attorney's fees and court costs actually incurred, shall be a charge on the land and shall be secured by a continuing lien upon the Lot against which each Assessment is made. Each such Assessment, together with late charges, Interest, costs, and reasonable attomey's fees actually incurred, shall also be the personal obligation of the Person who was the Owner of such Lot at the time the Assessment fell due. Each such Owner shall be personally liable for his or her portion of each Assessment coming due while he RLR198863.1DR12301.32 10 or she is the Owner of the Lot, and each Assessment thereafter coming due unless and until such Owner notifies the Association of the sale or conveyance of the Lot against which the Assessment is made as hereinafter provided in this Section 3. In order to extinguish any Person's personal liability with regard to Assessments coming due following the sale or conveyance of the Lot owned by such Person, such Person shall be obligated to notify the Association of such Person's sale or conveyance of the Lot against which Assessments may be levied. In that regard, each Person who, at any time owned any Lot in the Properties against which Assessments may be levied shall no longer be liable or responsible for payment of Assessments coming due after the date upon which such Person furnishes to the Association a copy of the executed instrument of conveyance by which fee title to the Lot previously owned by such Person was conveyed or transferred to another Person, and the mailing address of the Person to whom such Lot was conveyed or transferred. Upon receipt of such information, the Association shall cause the name and address of the new Owner to be substituted for that of the prior Owner on the records of the Association, and the prior Owner shall no longer be liable or responsible for Assessments subsequently coming due. Each Person owning a Lot against which Assessments may be made shall have the obligation to notify the Association of any change in Its address, and notice of any such change shall become effective five (5Y days after written notice thereof has been provided to the Association. With regard to mailing notices of Assessments payable by any Person to the Association, the Association shall be deemed to have satisfied any obligation that it might have to provide written notices or bills if the same are mailed or delivered to the Owner at the address of such Owner as reflected on the records of the Association, and no such Owner or other Person liable for the payment of any Assessment shall escape such liability or be entitled to any deferral or abatement of interest or any late charges or collection costs with regard to delinquent Assessments on the basis of such Person's failure to receive notice thereof if the Association did mail or deliver such notice to the most recent address of the Person according to the records of the Association. General Assessments and Neighborhood Assessments shall be payable annually in advance on a date specified by the Board of Directors; provided, however, the Board may, at its option, require payment of such Assessments in monthly or quarterly installments, Special Assessments shall be paid in such manner and on such date or dates as may be fixed by the Board. SECTION 4. COMPUTATION. It shall be the duty of the Board to adopt a budget covering the estimated costs of operating the Association during each calendar year or such other fiscal year as the Board may designate, which shall include a capital contribution or reserve in accordance with a capital budget separately prepared and separate line items for expenses benefiting each Neighborhood which will be paid with a Neighborhood Assessment. After adoption of the annual budget, the Board shall fix the amount of the General Assessment and RLR198883.10R12801.32 11 Neighborhood Assessment at such amounts as it determines in its sole discretion to be necessary. In determining the respective amounts of such Assessments, the Association Expenses shall be allocated as follows: (i) The amount of all estimated expenses to be incurred for the sole benefit of a particular Neighborhood shall be determined for each Neighborhood and that portion of the total estimated Association Expenses attributable to a particular Neighborhood shall be allocated among the Owners of the Lots In the Neighborhood as provided in Section 2(b) of this Article III, and shall be levied as Neighborhood Assessments; and (ii) The remaining Association Expenses shall be levied as General Assessments, and shall be allocated among the Owners of all of the Lots in the Properties as provided in Section 2(a) of this Article 111. The Board shall in good faith attempt to cause the budget and the Assessments to be levied against each.Owner for the following year to be delivered to each Member at least thirty (30) days prior to the end of the current year. SECTION 5. SPECIAL ASSESSMENTS. In addition to the other Assessments authorized herein, the Board may levy one or more special assessments In any year for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or repair or replacement of a capital improvement located upon the Common Area, including fixtures and personal property related thereto; provided, however, except as otherwise hereinafter provided any such special assessment must have the written consent of the Class "B" Member, as long as such membership exists, and a per Lot special assessment in an amount greater than twenty-five percent (25%) of the most recent annual General Assessment per Lot must be approved by majority vote of the Class "A" Members present in person or by proxy at a meeting of the Members. The Board may also levy one or more Special Assessments in any fiscal year for the purpose of defraying, in whole or in part the cost of construction, reconstruction, or repair or replacement of a capital improvement located upon Exclusive Common Area, including fixtures and personal property related thereto; provided, however, that any such Special Assessment shall have the affirmative vote or written consent of the Owners of a majority of the Lots in the Neighborhood or Neighborhoods entitled to exclusive use of such Exclusive Common Area. if a Special Assessment is approved as herein required and levied, it shall be paid as determined by the Board, and the Board may permit Special Assessments to be paid in installments extending beyond the fiscal year In which the Special RLR108863.1DR12301.32 12 Assessment is imposed. Special Assessments shall be allocated among all Owners In the same manner as General Assessments unless the purpose of the Special Assessment is to provide funds to be used for Exclusive Common Area facilities, in which event the Special Assessment shall be allocated solely among the Owners of the Lots in the Neighborhood or Neighborhoods entitled to use the applicable Exclusive Common Area in the same manner as a Neighborhood Assessment. SECTION 6. LIEN FOR ASSESSMENTS. All sums assessed against any property subject to this Declaration pursuant to this Declaration, together with late charges or interest, collection and other costs, and reasonable attomey's fees actually incurred, as provided herein, shall be secured by a lien on the property owned by each Owner in favor of the Association. All Persons acquiring liens or encumbranceson any property subject to this Declaration after this Declaration shall have been recorded In the real property records of Brazoria County, Texas shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for Assessments and other amounts payable to the Association as specified in this Declaration, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. SECTION 7. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien securing the Assessments and other amounts payable to the Association pursuant to this Declaration shall be subordinate to (i) liens of ad valorem taxes and (ii) the lien of any Mortgage which has been recorded in the real property records of Brazoria County, Texas. Safe or transfer of any property subject to this Declaration shall not affect the lien hereby created. However, the sale or transfer of any property pursuant to foreclosure of a Mortgage or any conveyance in lieu thereof, shall extinguish the lien as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve such property from liability for any Assessments or other amounts thereafter becoming due or from the lien securing same. SECTION 8. EFFECT OF NONPAYMENT OF ASSESSMENTS,; REMEDIES OF THE ASSOCIATION. Any Assessments which are not paid in full by the date specified by the Board shall be delinquent. Any delinquent Assessment shall commence to bear interest on the due date at such interest rate as the Board may from time to time determine not in excess of the maximum lawful rate of interest. If the Assessment is not paid when due, the lien herein retained and created against the affected property shall secure the Assessment due, late charges or interest thereon from the date due and payable, all costs of collection, court costs, reasonable attomey's fees actually incurred, and any other amount provided or permitted by law. In the event that the Assessment remains unpaid after ninety (90) days, the Association may, as the Board shall determine, institute suit for collection against the Owner personally obligated to pay the Assessment or RLR198863.1 "R'12301.32 13 foreclose the lien created and reserved hereby against the Lot of such Owner. The Association's lien Is created by recordation of this Dedaration, which constitutes record notice and perfection of the Hen. No other.recordation of a lien or notice of lien shall be or is required. By acquiring a Lot, an Owner grants to the Association a power of sale in connection with the Association lien. By written resolution, the Board of Directors of the Association may appoint, from time to time, an officer, agent, trustee, or attorney of the Association to exercise the power of sale on behalf of the Association. The Association shall exercise its power of sale pursuant to Section 51.002 of the Texas Property Code, and any applicable revision(s), amendment(s), or recodifications thereof in effect at the time of the exercise of such power of sale. The Association has the right to foreclose its lien Judicially or by nonjudicial foreclosure pursuant to the power of sale created hereby. Costs of foreclosure may be added to the amount owed by the Owner to the Association. An Owner may not petition a court to set aside a sale solely because the purchase price at the foreclosure sale was Insufficient to fully satisfy the Owner's debt. The Association may bid for and purchase the Lot at the foreclosure sale utilizing funds of the Association, The Association may own, lease, encumber, exchange, sell, or convey'a Lot. The purchaser at any such foreclosure sale shall be entitled to sue for recovery of possession of the Lot by an action of forcible detainer without the necessity of giving any notice to the former owner or owners of the Lot sold at foreclosure. The Owner shall have no right of redemption after or resulting from a foreclosure sale of the Association's lien. Nothing herein shall prohibit the Association from taking a deed in lieu of foreclosure or from filing suit to recover a money judgment for sums that may be secured by the Ilen. At any time before a nonjudicial foreclosure sale, an Owner of a Lot may avoid foreclosure by paying all amounts due the Association, Foredosure of a tax lien attaching against a Lot under Chapter 32, Tax Code, shall not discharge the Association's lien under this paragraph for amounts becoming due to the Association after the date of foreclosure of the tax lien. No Owner may waive or otherwise exempt himself from liability for the Assessments provided for herein, by non-use of Common Area or abandonment of the Lot owned by such Owner. No diminution or abatement of assessment or set- off shall be claimed or allowed by reason of any alleged failure of the Assodation or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration or the By -Laws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority, the obligation to pay Assessments being a separate and independent covenant on the part of Declarant and each other Owner. RLR1913963.1DR12301.32 14 All payments shall be applied first to costs and attorney's fees, then to late charges or interest, and then to delinquent Assessments. SECTION 9. NO ASSESSMENT OBLIGATION OF DECLARANT, SUBSIDY AGREEMENTS. Notwithstanding anything herein to the contrary, the Declarant shall not be obligated to pay Assessments as provided herein for the • Lots that it owns. However, as long as the Class "B" membership exists in the Association, the Declarant may annually elect to pay the Association monthly, as needed, a subsidy equal to the difference between the amount of Assessments collected on all property subject to assessment and the amount of the actual expenditures Incurred to operate the Association during the fiscal year. The Board Is ipeclficaily authorized to enter into subsidy agreements with the Declarant. Under no circumstances shall the Declarant be obligated to pay a subsidy in any year. ECTION 10, EXEMPT PROPERTY. The following property shall be exempt from General Assessments, Neighborhood Assessments, and Special Assessments: (a) property owned by any governmental authority or public utility, including, without limitation, fire stations, police stations, public libraries, water plants, sewage treatment plants, governmental offices (city halls, court houses, etc.), public schools, public streets, and public parks; (b) property owned by non-profit organizations and restricted for use or used as private schools or churches; provided, however, the availability of such exemption is contingent upon prior approval by the Board; (0) Common Area, Exclusive Common Area and property designated on the Declarants land plan for conveyance to the Association or a governmental body at a future date; and (d) Lots owned by the Declarant. Except for the Declarant, the Person owning Exempt Property as defined herein shall have no right to be a Member of the Association by virtue of its ownership of the Exempt Property, nor shall such Person be entitled to any votes attributable to its ownership of the Exempt Property. RLR188B03.1DR12:i01.32 15 ARTICLE IV RIGHTS IN THE COMMON AREA AND EASEMENTS SECTION 1. OWNER'S RIGHTS OF ENJOYMENT. Subject to the further provisions of this Section, every Member shall have a right of enjoyment in the Common Area, and such right shall be appurtenant to and shall pass with the title to the portion of the Properties owned by such Member. Such right shall be subject to the following: (a) The Association shall have the right to charge reasonable admission and other fees for the use of any facility situated upon the Common Area, including without limitation, the right to charge a fee ("Club Fee") for access to and use of the Community Center by a Member or his family members. (b) The Association shall have the right to borrow money and to mortgage, pledge, deed in •trust, or hypothecate any or all of the Common Area as security for money borrowed or debts incurred. (c) The Association shall have the right to take such steps as are • reasonably necessary to protect the Common Area against foreclosure of any such mortgage. (d) The Association shall have the right to suspend the enjoyment rights of any Member for any period during which any assessment, fee or other amount owed by such Member to the Association remains unpaid in excess of thirty (30) days. (e) The Associatioh shall have the right to establish reasonable rules and regulations governing the Members' use and enjoyment of the Common Area, and to suspend the enjoyment rights of any Member for any period not to exceed sixty (60) days for any infraction of such rules and regulations. The use of any Lake which becomes a part of the Common Area for fishing or boating purposes shall be prohibited unless otherwise specifically approved by the Association's Board of Directors. (f) (9) The Association shall have the right to dedicate, sell or convey all or any part of the Common Area and the right to grant or dedicate easements over the Common Area to public or privite utility companies. The Association shall have the right to enter into agreements pursuant to which individuals who are not Members of the Association f .LR198863.10 812301, 32 16 are granted the right to use the Common Area and the facilities located thereupon. SECTION 2. DELEGATIQN OF pSq. Each Member shall have the right to extend his right of enjoyment to the Common Area to the members of his family and to such guests or other persons as may be permitted by the Association. An Owner shall be deemed to have made a delegation of all such rights to the Occupants of any leased residence and shall not have the right to use the Common Area. SECTION 3. EASEMENTS -GENERAL. Easements for the Installation and maintenance of utilities are reserved as shown and provided for on the plats of the Properties and/or as dedicated by separate instruments. Neither Declarant nor any utility company or authorized political subdivision using the easements referred to herein shall be liable for any damages done by them or their assigns, agents, employees or servants, to fences, shrubbery, trees, flowers, improvements or other property of the Owner situated on the land covered by such easements as a result of construction, maintenance or repair work conducted by such parties or their assigns, agents, employees or servants. SECTION 4. EASEMENTS FOR UTILITIES AND PUBLIC SERVICES. (a) Declarant hereby reserves for itself and grants to the Association, to Brazoria County, and to any other public authority or agency, utility district, or public or private utility company, a perpetual easement upon, over, under, and across (i) the Common Area, and (ii) those portions of all Lots as are reasonably necessary, for the purpose of installing, replacing, repairing, maintaining, and using master television antenna and/or cable systems, security and similar systems, and all utilities, including, but not limited to, storm sewers, drainage systems and retention ponds, electrical, gas, telephone, water, and sewer lines, street lights, street signs and traffic signs; provided, however, that such easements shall not unreasonably affect the developability, marketability or value of any Lot. To the extent possible, utility lines and facilities serving the Properties and located therein shall be located underground. By virtue of any such easement and facilities, it shall be expressly permissible for the providing utility company or other supplier or servicer, with respect to the portions of the Properties encumbered, (i) to erect and maintain pipes, lines, manholes, 'pumps, and other necessary equipment and facilities, (ii) to cut andremove any trees, bushes, or shrubbery, (iii) to excavate or fill, or (iv) to take any other similar action reasonably necessary to provide economical and safe installation, maintenance, repair, replacement, and use of such utilities and systems. (b) There is also hereby granted to Brazoria County and or such other governmental authority or agency as shall from time to time have jurisdiction over RL 8198 B63.1D 81239 7.32 17 the Properties (or any portion thereof) with respect to law enforcement and fire protection, the perpetual, non-exclusive right and easement upon, over and across all of the Properties for purposes of performing such duties and activities related to law enforcement and fire protection in the Properties as shall be required or. appropriate from time to time by such governmental authorities under applicable law. SECTION 5. EASEMENTS FOR ASSOCIATION. There is hereby granted a general right and easement to the Association, Its directors, officers, agents, and employees, including, but not limited to, any manager employed by the Association and any employees of such manager, to enter upon any Lot or any portion thereof in the performance of their respective duties. Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with permission of the Owner or Occupant of the residence directly affected thereby. SECTION 6. CERTAIN RECREATIONAL FACILITIES WHICH ARE NOT COMMON AREA. (a) General. The Golf Course is owned by an affiliate of the Declarant for the use of individuals who pay membership fees to the owner thereof. The Golf Course shall not constitute Common Area. The Members of the Association shall have no ownership Interest, proprietary interest, beneficial interest, or other vested Interest in the Golf Course and shall have no right to enter or to use the Golf Course by virtue of being a Member of the Association or the Owner of a Lot. Only those Persons who have paid the membership fee established by the owner of the Golf Course shall be entitled to use such facilities. (b) Operation of Golf Course Facilities. No representations or warranties have been or are made by Declarant regarding the continuing ownership or operation of the Golf Course. Further, the ownership or management and administration of the Golf Course may change at any time and from time to time by virtue of, but without limitation, (1) the sale or assumption of operations of the Golf Course by/to a third party or entity, or (ii) the conversion of the Golf Course membership structure to an equity club or similar arrangement whereby the members of the Golf Course or an entity owned or controlled thereby become the owner(s) and/or operator(s) of the Golf Course. No consent of the Association, the Board, or any Owner shall be required to effectuate a transfer and none of the foregoing shall have any right of first refusal regarding such transfer. (c) Rights of Access. The owner of the Golf Course and its members and their invitees, employees, agents, contractors, and designers shall at all times have a right and non-exclusive easement of access and use over all Streets located RLf 96663.1PRt2301.32 18 within the Properties reasonably necessary to travel to and from the Golf Course and, further, over those portions of the Properties (whether Common Area or otherwise) reasonably necessary to the operation, maintenance, repair, and replacement of the Goff Course and such easements are hereby reserved. (d) Easements for Golf Course. A nonexclusive easement is hereby granted to the owner of the Golf Course, its independent contractors, agents, members, guests and invitees over. the Properties for the following purposes: (i) Retrieval of golf balls, including the right to enter on any Lot for that purpose, provided the right to retrieve golf balls shall only extend to nonenclosed portions of the Lots, and the person retrieving the golf balls shall do so In a reasonable manner and will repair any damage caused by entry to retrieve the golf balls; (ii) Flight of golf balls over, across, and upon the Properties; (iii) Doing of every act necessary and incident to the playing of golf and other recreational activities on the Goff Course, Including, but not limited to, the operation of lighting facilities for operation of tennis, swimming, driving range, and golf practice facilities during hours of darkness, and the creation of usual and common noise levels associated with such recreational activities; (iv) Creation of noise related to the normal maintenance and operation of the Golf Course, including, but not limited to, the operation of mowing and spraying equipment; and (v) An easement for the overspray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Properties located adjacent to the Golf Course. The easements hereby granted are appurtenant to the Golf Course and shall run with the land. SECTION 7, SECURITY. THE ASSOCIATION MAY, BUT SHALL NOT BE OBLIGATED TO, MAINTAIN OR SUPPORT CERTAIN ACTIVITIES WITHIN THE PROPERTIES DESIGNED TO MAKE THE PROPERTIES SAFER THAN THEY OTHERWISE MIGHT BE. NEITHER THE ASSOCIATION, THE MANAGING AGENT, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTIES, HOWEVER, AND NEITHER THE ASSOCIATION, RLR198863.1DR12301.32 19 THE MANAGING AGENT, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, TENANTS, GUESTS AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION AND ITS BOARD OF DIRECTORS, THE MANAGING AGENT, DECLARANT, OR ANY SUCCESSOR. DECLARANT AND THE ARCHITECTURAL REVIEW COMMITTEES DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY THE ARCHITECTURAL REVIEW COMMITTEES (AS HEREINAFTER DEFINED) MAY NOT SE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT, AND EACH TENANT, GUEST AND INVITEE OF AN OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, THE BOARD OF DIRECTORS, THE MANAGING AGENT, THE ARCHITECTURAL REVIEW COMMITTEES, THE DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY LOT AND EACH TENANT, GUEST AND INVITEE OF ANY OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS AND TO THE CONTENTS OF LOTS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, THE BOARD OF DIRECTORS, THE MANAGING AGENT, THE ARCHITECTURAL REVIEW COMMITTEES, THE DECLARANT, OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES' NOR HAS ANY OWNER, OCCUPANT, TENANT, GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTIES. • SECTION 8. RIGHTS OF DECLARANT DURING CONSTRUCTION AND SALE PERIOD. Notwithstanding any provisions contained in this Declaration, until the Declarant has developed and sold all of its land within the Properties, It shall be expressly permissible for Declarant and any Owner approved by Declarant to maintain and carry on, upon such portion of the Properties, as Declarant may deem RLR186063.10R12301.32 20 necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such. Owner's development, construction, and sales activities related to their properties, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic over, under, on or in the Properties; the right to carry on sales and promotional activities in the Properties; the right to place signs in the Common Area and in road rights-of-way within the Properties; and the right to construct and operate business offices, construction trailers, model residences, information and sales offices. Declarant and any such Owner may use residences owned or leased by Declarant or such Owner as model residences and sales offices. • SECTION 9, NO PARTITION. There shall be no partition of the Common Area or any part thereof, nor shall any Person acquiring any interest In the Properties or any part thereof seek any Judicial partition. This Article shall not be construed to prohibit the Board of Directors from acquiring and disposing of tangible personal property nor from acquiring title to real property which may or may not be subject to this Declaration. ' ARTICLE V INSURANCE AND CASUALTY LOSSES SECTION 1. INSURANCE. The Association's Board of Directors, or its duly authorized agent, shall have the authority, but not the obligation, to obtain blanket all-risk casualty insurance for all Insurable improvements on the Common Area, or if blanket all-risk coverage is not reasonably available, an insurance policy providing fire and extended coverage. In addition to casualty insurance on the Common Area, the Association may, upon request of a Neighborhood, obtain all-risk casualty insurance or fire and extended coverage insurance on Exclusive Common Area not owned by the Association within the Neighborhood. Such Insurance pollcles shall be in such amount or amounts as the Board of Directors deems appropriate. The Board may also obtain a public liability policy covering the Common Area, insuring the Association and its Members for ail damages or injury caused by the negligence of the Association, its agents, the Members or Occupants, in such amount as the Board deems appropriate. • Premiums for all insurance on the Common Area shall be Association Expenses and shall be included in the General Assessments and the premiums for insurance on Exclusive Common Area shall be included in the Neighborhood Assessment of the Neighborhood(s) benefltted thereby. In addition to the other insurance discussed in this Section, the Board may also obtain, as an Association Expense payable from General Assessments, (I) worker's compensation insurance, and the Board shall obtain such insurance if and to the RLR\9a003,1OR12301.32 21 extent required by law, (il) directors' and officers' liability coverage, and (iii) a fidelity bond or fidelity Insurance on directors, officers, employees, and other Persons handling or responsible for the Association's funds. SECTION 2. DAMAGE AND DESTRUCTION. Immediately after damage or destruction by fire or other casualty of all or any part of the property covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and the repair or reconstruction of the damaged or destroyed property, to the extent insurance proceeds are available for such purpose. Repair or reconstruction, as used In this paragraph, means repairing or restoring the property to substantially the same condition which existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. In the event that insurance proceeds are unavailable to repair or reconstruct the Common Area or the Exclusive Common Area of any Neighborhood, the damaged or destroyed property shall be restored to its natural state and maintained by the Association, or the Neighborhood Association, as applicable, in a neat• and attractive condition, If Insurance proceeds are insufficient to cover a repair or reconstruction, the Board may levy .a special assessment to cover the shortfall, subject to the requirements of Section 5 of Article III above. SECTION 3. DAMAGES BY MEMBER. To the extent permitted by law, each Member shall be liable to the Assodatlon for any damages to the Association property not fully reimbursed to the Association by insurance, caused by the negligence, willful misconduct or unauthorized or Improper use of any Common Area facilities or improvements by the Member, his guests, tenants or invitees, or any other Persons deriving their right of use and enjoyment of the Association property from the Member. In addition to requiring payment for such damage, the Association, acting through the Board of Directors, shall also have the right to require such Member to pay an amount equal to the increase, if any, of insurance premiums directly attributable to the damage caused by the Member or the Person for whom the Member is responsible. Payment to the Association by such Member of the damages and increase In Insurance premiums, if applicable, shall be secured by a lien against the Lot owned by such Member and may be collected in the same manner as Assessments. ARTICLE VI ARCHITECTURAL STANDARDS SECTION 1. PURPOSE. In order to preserve the natural setting and beauty of the Properties, to establish and preserve a harmonious and aesthetically pleasing design for The Lakes at CountryPlace project and to protect and promote the value of the Properties, the Lots in Section One shall be subject to the restrictions set forth • RL R1 41686 3.10 R12 301, 3 2 22 in this Article VI. Every grantee of any interest in a Lot in Section One by acceptance of a deed or other conveyance of such Interest, agrees to be bound by the provisions of this Article. SECTION 2. ARCHITECTURAL REVIEW COMMITTEES, (a) New Construction Committee and Modifications Committee. There is hereby established The Lakes at CountryPlace New Construction Commlttee (herein called the "New Construction Committee"), which shall have exclusive jurisdiction over all original construction on the Lots in the Properties. There is also hereby created The Lakes at CountryPlace Modifications Committee (hereinafter called the "Modifications Committee') (the New Construction Committee and the Modifications Committee being herein collectively referred to as the "Architectural Review Committees") which shall have exclusive jurisdiction over modifications, additions, or alterations made on or to improvements on the Lots within the Properties. Each Architectural Review Committee may (I) adopt such standards and guidelines for the construction or alteration of improvements in the Properties, which may vary for different portions of the Properties, and (ii) establish application and review procedures for plans and specificiations. The Architectural Review Committees shall make such guidelines available to Owners and Builders who seek to engage in construction or modification of improvements upon a Lot and who shall conduct their operations strictly in accordance therewith. (b) Members of Architectural Review Committees. The New Construction Committee shall consist of three (3) members. Until the date on which it has sold all of its Lots within the Properties, the Declarant shall have the right to appoint all members of the New Construction Committee as well as the right to remove any member. There shall be no surrender of this right prior to that time, except by a written instrument executed by Declarant and recorded In the real property records of Brazoria County, Texas. Upon the expiration of such right, the , Board of Directors shall appoint the members of the New Construction Commitee. The Modifications Committee shall also consist of three (3) members, all of whom shall be appointed by the Board of Directors and may be removed at any time by the Board. The Architectural Review Committees are authorized, but not obligated, to retain the services of consulting architects, landscape architects, urban designers, engineers., inspectors, and/or attorneys in order to advise and assist them in performing their respective functions set forth herein. SECTION 3. ARCHITECTURAL APPROVAL To preserve the architectural and aesthetic appearance of The Lakes at Countryplace project, no construction of improvements, or modifications, additions, or alterations to existing improvements, RLi 98883.1DFi12301.32 23 shall be commenced or maintained by any Owner with respect to any of the Lots in the Properties, including, without limitation, the construction or Installation of sidewalks, driveways, parking Tots, mall boxes, decks, patios, courtyards, swimming pools, tennis courts, greenhouses, playhouses, awnings, walls, fences, exterior lights, garages, guest or servants' quarters, or other outbuildings, nor shall any exterior addition to or change or alteration therein be made (including, without limitation, painting or staining of any exterior surface), unless and until two (2) copies of the plans and specifications and related data (including, If required by the applicable Architectural Review Committee, a survey showing the location of trees of six (6) inches in diameter at a height of four (4) feet above ground and other significant vegetation on such Lot) showing the nature, color, type, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the applicable Architectural Review Committee as to the compliance of such plans and specifications with this Declaration and as to the harmony of external design, location, and appearance in relation to surrounding structures and topography. One copy of such plans, specifications, and related data so submitted shall be retained in the records of the applicable Architectural Review Committee, and the other copy shall be retumed to the Owner marked "approved," "approved with conditions as noted," or "disapproved." The applicable Architectural Review Committee may establish a reasonable fee sufficient to cover the expense of reviewing plans and related data and to compensate any consulting architects, landscape architects, urban designers, inspectors, agents or attorneys retained in accordance with the terms hereof. Notwithstanding the foregoing, no permission or approval shall be required to paint in accordance with an originally -approved color scheme, or to rebuild in accordance with originally -approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the. interior of his improvements, or to paint the interior of the improvements on his property any color desired. The Architectural Review Committees shall have the sole discretion to determine whether plans and specifications submitted for approval are acceptable to the Association. Upon approval of plans and specifications, no further approval under this Article VI shall be required with respect thereto, unless construction has not substantially commenced within six (6) months of the approval of such plans and specifications (e.g. clearing and grading, pouring of footings, etc.) or unless such plans and specifications are materially altered or changed. Disapproval of plans and specifications may be based by the applicble Architectural Review Committee upon any ground which is consistent with the objects and. purposes of this Declaration as determined by the applicable Architectural Review Committee from time to time, including purely aesthetic considerations, so long as such grounds are not arbitrary or capricious. SECTION 4. LANDSCAPING APPROVAL. To preserve the aesthetic appearance of the The Lakes at CountryPlace project, no landscaping, grading, excavation, or filling of any nature whatsoever shall be implemented and installed on RLR169663.1DR12301.32 24 a Lot in the Properties by the Owner or any other Person unless and until the plans therefor have been submitted to and approved in writing by the Modifications Committee. In the installation of landscaping and maintenance of his Lot, each Owner shall comply with the Landscaping Guidelines. SECTION 5. APPROVAL NOT A GUARANTEE OR VARIANCE. The review and approval of plans pursuant to this Article is made on the basis of aesthetic considerations only and no approval of plans and specifications shall be construed as representing or implying that such plans, or specifications will, if followed, result in properly designed improvements. Such approval shall in no event be construed as representing or guaranteeing that any improvements built in accordance therewith will be built in a good and 'workmanlike manner. Neither Declarant, the Association, the Managing Agent, the Architectural Review Committees, nor any of their respective officers, partners, directors or members, shall be responsible or liable in damages or otherwise to any Person who submits plans for approval by reason of mistake of judgment, negligence or nonfreasance arising out of the approval or disapproval of any plans or specifications, any loss or damage arising from the noncompliance of such plans and specifications with any governmental ordinances and regulations, nor any defects in construction undertaken pursuant to such plans and specifications. The purpose of such reviews primarily seeks to conform the aesthetic appearances of development within the Properties. In addition, the approval of plans pursuant to this Article shall not be deemed to be a variance from the specific restrictions of this Declaration or and standards and guidelines adopted by the Architectural Review Committees. All variances must be issued in accordance with the provisions of Section 8 of this Article. SECTION 6. RIGHT TO INSPECT. Any member of the Board of Directors or an Architectural Review Committee and their representatives shall have the right, but not the obligation during reasonable hours to enter upon and inspect any Lot with respect to which construction is underway to determine whether or not the plans and specifications therefor have been approved and are being complied with. Such Person or Persons shall not be deemed guilty of trespass by reason of such entry. In the event the appropriate Architectural Review Committee shall determine that such plans and specifications have not been approved or are not being complied with, such Architectural Review Committee shall be entitled to enjoin further construction and to require the removal or correction of any work in place which does not comply with approved plans and specifications. In addition to any other remedies available to the Association, the Board may record In the appropriate land records anotice of violation naming the violating Owner. SECTION 7. NO WAIVER OF FUTURE APPROVALS. The approval by an RLR1988 63.U7 R\2301.32 25 Architectural, Review Committee of any plans and specifications for any work done or proposed, or in connection with any other matter requiring the approval and consent of such committees, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent, SECTION 8. VARIANCES. The Architectural Review Committees may grant variances from compliance with the restrictions of this Declaration and from their respective standards and guidelines when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only In accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall be effective unless in writing or estop the applicable, Architectural Review Committee from denying a variance In other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing, shall not be considered a hardship warranting a variance. SECTION 9. MEETINGS OF THE ARCHITECTURAL REVIEW COMMITTEES. The Architectural Review Committees shall meet from time to time as necessary to perform their respective duties, and may from time to time, by resolution unanimously adopted in writing, designate a representative to take an action or perform any duties for and on behalf of the Architectural Review Committee, except the granting of variances 'pursuant to Section 8 of this Article VI. In the absence of such designation, the vote of the majority of the members of the Architectural Review Committee, or the written consent of the majority of the members of the Architectural Review Committee taken without a meeting, shall constitute and act of the Architectural Review Committee. SECTION 10. DECLARANT EXEMPTION FROM ARTICLE VI. Notwithstanding any other provision contained in this Declaration, during the period in which the Declarant has the right to appoint the members of the New Construction Committee (i,e., during the Class "B" Control Period), the Declarant shall not be required to obtain approvals as specified In thls Article VI of the plans and specifications for any improvement of any nature whatsoever, including not by way of limitation, houses, garages, out buildings, gazebos, swimming pools and landscaping, and the Declarant shall be exempt from all provisions of this Article VI, including without limitation exemption from all guidelines and Architectural Review Committees' review and approval requirements. RLR 190083.1D R12301.32 26 ARTICLE VII SPECIFIC USE RESTRICTIONS SECTION 1. SINGLE FAMILY RESIDENCES. Each and every Lot in Section One is hereby restricted to one (1) Single Family Residence and related outbuildings and Improvements, including guest houses, servants quarters and greenhouses, and use for single-family residential purposes exclusively and no Single Family Residence shall be occupied by more than a Single Family. It is not the intent of the Declarant to exclude from a Single Family Residence any individual who is authorized to so remain by any state or federal law. If it is found that this. provision is In violation of any law, then this Section shall be interpreted to be as restrictive as possible to preserve as much of the original section as allowed by law. No business or business activity shall be carried on, in or upon any Single Family Residence at any time except with the written approval of the Board. No deliveries of stock or merchandise for sale or distribution, no traffic of customers or clients to or from a Lot, and no storage of materials, products or stock are permitted on any Lot. Garage sales or yard sales (or any similar vending of merchandise) conducted on any Lot shall be considered a business activity and is therefore prohibited. Notwithstanding the foregoing, a Single Family Residence on a Lot may be used for a Home Occupation provided that: (I) no person other than a resident of the Single Family Residence shall be engaged or employed in the Home Occupation at the site; (11) there shall be no visible storage or display of occupational materials or products; (iii) there shall be no exterior evidence .of the conduct of a . Home Occupation and no Home Occupation shall be conducted on the Lot outside of the Single Family Residence; and (iv) no additional parking shall be provided for the Honie Occupation and no material additional traffic shall be generated to or from the property. As used herein, the term "Home Occupation" shall mean a commercial enterprise conducted in a Single Family Residence which is incidental to the principal residential use. SECTION 2. LIVING AREA REQUIREMENTS AND SET BACKS. The total living area of each Single Family Residence on a Lot in Section One shall not be FiLM98863.0R12301.32 27 less than eight hundred (800) square feet In the case of a one story residence or one thousand (1,000) square feet in the case of a two story residence. No building or other improvements shall be located on any Lot nearer than five (5) feet to an Interior lot line, except that a detached garage or other approved accessory building . may be located within three (3) feet of an interior lot line. For purposes of this restriction, eaves, steps and open porches shall not be considered as part of a residential structure. No garage (whether detached or attached to a residential structure), may be located on a Lot nearer to a Lake or the Golf Course than the wall of the residential structure closest to said Lake or Golf Course on such Lot. For purposes of this section, an attached garage shall not be considered to be a part of the residential structure. SECTION 3. TYPE OF CONSTRUCTION. A minimum of 51% of the exterior wall area of all resldences, exclusive of doors and windows, shall be masonry or brick veneer construction, unless a variance from this restriction is specifically approved in writing by the New Construction Committee. No garage or accessory building shall exceed in height the dwelling to which it is appurtenant without the written consent of the New Construction Committee. Every garage and accessory building (except a greenhouse) shall correspond in style and architecture with the dwelling to which It is appurtenant. No structure of any kind or character which incorporates' wood construction on the exterior shall be erected on any Lot unless such structure receives at least two coats of paint at the time of construction or the exterior is of redwood or cedar material, SECTION 4. GARAGES, DRIVEWAYS AND SIDEWALKS. Each Single Family Residence must have an attached or detached garage with an automatic garage door opener. Garage doors shall be kept closed when not in use for their intended purpose. Each Owner shall construct and maintain at his expense a concrete driveway with a minimum width of ten (10) feet from the garage of his residence to the abutting Street, including the portion of the driveway In the street easement, and the Owner shall repair at his expense any damage to the Street occasioned by connecting the driveway thereto. SECTION 5. ANTENNAE AND SATELITTE DISHES. No television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon, except that this prohibition shall not apply to those antennae specifically covered by the regulations promulgated under the Telecommunications Act of 1996, as amended from time to time. The Modifications Committee is empowered to adopt rules governing the types of antennae that are permissible in the Properties and to establish reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. To the extent that receipt of an acceptable signal would not be impaired, an antenna permissible pursuant to the rules of the Modifications Committee may only be installed in a side or rear yard location, not visible from the Street, and integrated with the dwelling and RLR \88803,\DR\230'1.32 28 surrounding landscape. Antennae shall be installed in compliance with all state and local laws and regulations. SECTION 6. ANIMALS AND PETS, No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, as determined by the Board; provided, however, those pets which are permitted to roam free, or which In the sole discretion of the Board, endanger health, make objectionable noise, or constitute a nuisance or inconvenience to the Owners or Occupants within the Properties may be removed by the Board. No pets shall be kept, bred or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside a Single Family Residence be on a leash or otherwise confined in a manner acceptable to the Board. Without prejudice to the Board's right to remove any such household pets, no household pet that had caused damage or injury may be walked in the Properties. Animal control authorities shall be permitted to enter the Properties to patrol and remove pets. Pets shall be registered, licensed and inoculated as required by law. All dogs and cats must be of a recognized domestic variety. No exotic pets are permitted within the Properties. SECTION 7.. WINDOW AIR CONDITIONERS. No window or wall type air conditioners shall be permitted to be used, erected, placed or maintained on or In any Single Family Residence, except that the Modifications Committee may, at its discretion, permit window or waif type air conditioners to be installed if such unit, when installed, shall not be visible from a Street. SECTION 8. RENTING QR LEASING. Single Family Residences may be rented or leased only by written leases and subject to the following restrictions: All tenants shall be subject to the terms and conditions of this Declaration and the rules and regulations promulgated by the Association as though such tenant were an Owner. Each Owner of a Single Family Residence agrees to cause his lessee or the persons living with such Owner to comply with this Declaration and the rules and regulations promulgated pursuant hereto, and is responsible and liable for all violations and losses caused by such tenants or Occupants, notwithstanding the fact that such tenants or Occupants of the unit are fully liable for any such violation. All provisions of this Declaration and of any ' rules and regulations promulgated pursuant hereto which govem the conduct of Owners of a Single Family Residence and which provide for sanctions against Owners shall also apply to all Occupants of a Single Family Residence even though such Occupants are not specifically mentioned. SECTION 9. VEHICLES AND PARKING. The term "vehicles", as used herein, shall refer to all motorized vehicles including, without limitation, automobiles, trucks, motor homes, boats, trailers, motorcycles, minibikes, scooters, go-carts, campers, buses, and vans. No vehicle may be parked or left upon any Lot in the Properties, except in a garage or other area designated by the Board. The parking RL11100663,0R12301.32 29 of vehicles in driveways for longer than such temporary period as may be specified by the Board from time to time is prohibited. The parking of vehicles on Streets or within road rights-of-way is also prohibited. Any vehicle parked or left not in accordance with this section shall be considered a nuisance and may be removed by the Board at the owner's expense. No motorized vehicles shall be permitted on pathways or unpaved Common Area except for public safety vehicles and vehicles authorized by the Board. All vehicles within the Properties must be in a condition which meets the requirements of all state and local governmental authorities as to licensing, safety and equipment standards. SECTION 10. DISPOSAL OF TRASH. No trash, rubbish, garbage, manure, debris, or offensive material of any kind shall be kept or allowed to remain on any Lot, nor shall any Lot or any other portion of the Properties, including the Lakes, be used or maintained as a dumping ground for such materials. All such matter shall be placed in sanitary refuse containers constructed of metal, plastic or masonry materials with tight fitting sanitary covers or lids and placed in an area adequately screened from public view by planting or fencing. All rubbish, trash, and garbage shall be regularly removed and not allowed to accumulate. Equipment used for the temporary storage and/or disposal of such material prior to removal shall be kept In a clean and sanitary condition and shall comply with all current laws and regulations and those which' may be promulgated in the future by any federal, state, county, municipal or other govemmental body with regard to environmental quality and waste disposal. In a manner consistent with good housekeeping, the Owner of each Lot shall remove such prohibited matter from his Lot at regular Intervals at his expense. SECTION 11. DRAINAGE. Catchbasins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant of a Lot may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. SECTION 12. GARBAGE CANS, WOODPILES, ETC. All garbage cans, woodpiles, swimming pool pumps, filters and related equipment and other similar items shall be located or screened so as to be concealed ,from view of neighboring streets and property. SECTION 13. WEAPONS AND FIREWORKS. The use of fireworks, firearms and other weapons within the Properties is prohibited. The term "firearms" includes "B -B" guns, pellet guns, and small firearms of all types. Nothing contained In this Declaration shall be construed to require the Association to take action to enforce this Section. RLR\98863,1DR\2301.32 30 SECTION 14. TEMPORARY BUILDINGS; OUTBUILDINGS. No temporary buildings or structures are permitted on any Lot, provided, however, Declarant may permit temporary toilet facilities, sales and construction offices and storage areas to be used by Builders in connection with the construction and sale of residences and by contractors performing land development activities within the Properties for Declarant. Builders may use garages as sales offices for the time during which such Builders are marketing homes. At the time of the sale of a Single Family Residence by a Builder any garage appurtenant to such residence used for sales purposes must be reconverted to a functional garage in compliance with the plans approved by the New Construction Committee. The plans for any outbuilding on a Lot must be approved by the applicable Architectural Review Committee as specified in Article VI hereof. Unless otherwise approved by the Board, portable storage buildings, dog houses and dog runs are not permitted on any Lot, SECTION 15. GRASS AND SHRUBBERY. The Owner of each Lot shall landscape his property, including the area between the front of his residence and the curb line of the abutting Street and the side yard of such Lot out to the curb on all comer Lots; In accordance with the Landscaping Guidelines, Grass and weeds shall be kept mowed to prevent unsightly appearance, and all curbs, drives and walkways shall be kept edged. Dead or damaged trees, which might create a hazard to property or persons,, shall be promptly removed or replaced, and if not removed by the Owner upon request, then the Association may remove or cause to be removed such trees at the Owner's expense and shall not be liable for damage caused by such removal. The Association may plant, Install and maintain shrubbery and other screening devices around boxes, transformers and other above -ground utility equipment, and mow and maintain the grass around ' such areas. The Association shall have the right to enter upon the Lots to plant, install, maintain and replace such shrubbery or other screening devices, and mow and maintain grass around such areas following reasonable advance notice to the Owner of such Lot. SECTION 16, TRAFFIC SIGHT AREAS. All Lots located at Street intersections shall be landscaped so as to permit safe sight across the Street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where this would create a traffic or sight problem. SECTION 17, MAILBOXES. No Lot shall have a mailbox as cluster boxes will be installed at various locations within the Properties in accordance with U.S. Postal Service requirements. Each Lot shall have a house number identifying its street address made of materials and a color or colors specified by the New Construction Committee in keeping with the overall character and aesthetics of the community. R LRIB8883, W R12301.32 31 SECTION 18, DISPOSAL UNITS. Each kitchen in each Single Family Residence shall be equipped with a garbage disposal unit in a serviceable condition. SECTION 19. PRIVATE UTILITY LINES. All electrical, tele -phone, and other utility lines and facilities which are located on a Lot and are not owned by a govemmental entity or a public utility company shall be installed underground unless otherwise approved in writing by the New Construction Committee. SECTION 20. ROOFTOP ELEMENTS. All stack vents and attic ventilators shall be located on the .rear slopes of roofs and mounted perpendicular to the ground plate. All exposed roof stack vents, flashings, attic ventilators, etc. on each Single Family Residence must be painted to match the color of the roof of the Single Family Residence unless otherwise approved by the Modifications Committee. No solar collectors shall be allowed on any roof slope visable from a Street or Common Area. SECTION 21. DECORATIONS. On front lawns of Lots and on any portion of a Lot visible from any Street, there shall be no decorative, appurtenances placed, such as. sculptures, birdbaths and birdhouses, fountains or other decorative embellishments unless such specific items have been approved in writing by the Modifications Committee. SECTION 22. PLAYGROUND EQUIPMENT. All playground equipment on a Lot must be placed at the rear of the Lot behind'a fence or otherwise screened from public view from any Street abutting the Lot. All playground equipment on a Lot which abuts a Lake or the Golf Course must be located a minimum of forty (40) feet from the common property line of the applicable Lot and the abutting Lake or Golf Course property. SECTION 23. SIGNS. No signs, billboards, resale yard signs, posters, or advertising devices of any kind shall be permitted on any Lot without the prior written consent of the Modifications Committee other than one (1) sign placed by the Declarant or a Builder on a Lot during the period of construction of a Single Family Residence to identify the residence as for sale. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain, signs, billboards and advertising devices on [and they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential dwellings. In addition, the Declarant and the Association shall have the right to erect and maintain identifying signs, monuments and directional signs on Common Area and street rights-of-way within the Properties. In addition to any other remedies provided for herein, the Board of Directors or its duly authorized agent shall have the power to enter upon a Lot to remove any RLR108883.1DR12301,32 32 sign which violates this Section provided the violating Owner has been given forty- eight hours' written notice by the Board of Directors of its intent to exercise self-help, All costs of self-help, Including reasonable attomey's fees actually Incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of assessments. SECTION 24. FENCES. No fence or wall shall be erected on any Lot nearer to the Street than the minimum setback from the Street shown on the plat of the subdivision containing such Lot. Further, unless otherwise approved by the Modifications Committee, no fence shall be constructed across or within a utility easement The plans for all fences must be approved by the Modifications Committee which shall have the power to specify acceptable materials. No chain link fences shall be permitted within the Properties. There shall be installed on each Lot that is adjacent to a Lake or the Golf Course, within thirty (30) days after initial occupancy of the residence, a four (4) foot high, non -decorative wrought -iron or tubular steel fence along the Lot line adjacent to the Lake or Golf Course, and continuing on the side lot lines of certain Lots, all as may be required by the New Construction Committee. Unless otherwise approved by the Modifications Committee, the Owner of each Lot with such fence initially installed shall maintain such fence as originally installed and keep said fence painted a dark green color (not black) and repaired in a first class condition at all times. SECTION 25. OWNER'S MAINTENANCE. Each Owner and Occupant of a Lot shall at alltimes be obligated to maintain his property and all improvements thereupon (including the area between the boundary lines of his Lot and curb or edge of adjacent Streets), so as to keep same In a clean, sightly and, safe condition and to conform with the Landscaping Guidelines and any specific standards which the Board of Directors may adopt by resolution for the Properties. Unless expressly assumed by the Association, an Owner's. maintenance obligation shall include, but not be limited to: the maintenance of all visible exterior surfaces of all buildings and other improvements; the prompt removal of all paper, debris, and refuse; the removal and replacement of dead and diseased trees and plantings; the removal of all snow and ice from paved areas; the repair, replacement, cleaning and relamping of all signs and lighting fixtures; the mowing, watering, fertilizing, weeding, replanting and replacing of all approved landscaping; and, during construction, the cleaning of dirt, construction debris and other construction -related refuse from Streets and storm drains and inlets. In the event an Owner fails to maintain his property as specified above, the Association may enter upon the applicable Lot to perform the necessary work as more specifically set forth in Section 8 of Article X hereof. SECTION 26. LAKES. No Owner or Occupant of a Lot within the Properties shall withdraw water from or discharge water into a Lake, dump or place refuse or any other material into a Lake, or release or introduce any wildlife, waterfowl, RLR\80003,\DR12301.32 33 reptiles or fish into a Lake. The use of any Lake for fishing or boating purposes Is specifically prohibited unless otherwise approved by the owner of the Lake or, In the case of a Lake which becomes a part of the Common Area, by the Association's Board of Directors as specified in Section 1(e) of Article IV above; provided, however, this restriction shall not apply to the Declarant during the Class B Control Period. The following specific restrictions shall apply to all Lots adjacent to or in the vicinity of a Lake: (a) No trees shall be planted within ten (10) feet of the bulkhead of a Lake or if there is no bulkhead, within fifteen (15) feet of the edge of a Lake; (b) Willow trees must be planted a minimum of twenty-five (25) feet from the bulkhead of a Lake or if there Is no bulkhead, a minimum of thirty (30) feet from the edge of the Lake; and (c) Chemicals, fertilizers and pesticides may not be used within ten (10) feet of the bulkhead of a Lake or if there is no bulkhead, within fifteen (15) feet of the edge of the Lake. PROPERTY AND DEANNEXATION SECTION. 1. UNILATERAL ANNEXATION BY DECLARANT. The Declarant, as the owner thereof or, if not the owner, with the consent of the owner thereof, shall have the unilateral right, privilege, and option, but not the obligation, at any time and from time to time to annex additional real property adjacent to or in the vicinity of Section One described on the first page of this Declaration, including, without limitation, the remaining portions of the property described on Exhibit "A" hereto, to the jurisdiction of the Association by filing for record a Supplemental Declaration In respect to the property being annexed which subjects the annexed property to assessment by the Association on a uniform basis with all other property within the Association's jurisdiction. Any such annexation shall be effective as to the property described therein upon the filing for record of such Supplemental Declaration unless otherwise provided therein. The right reserved by the Declarant to annex additional land shall not be implied or construed soas to impose any obligation upon Declarant to subject any of such land to this Declaration or to the jurisdiction of the Association, If such additional land is not annexed, Declarant has no obligation to impose any covenants and restrictions similar to those contained herein upon such land nor shall any thing contained herein be construed to limit or restrict the use to which such land may be put by Declarant or by any subsequent owner thereof, whether such uses are ARTICLE VIII ANNEXATION OF ADDITIONAL R LR198883.ID 812301.32 34 consistent with the covenants and restrictions imposed hereby or not. SECTION 2. OTHER ANNEXATIONS. With the consent of the Owner thereof, the Association may annex other real property to the Jurisdiction of the Association, Such annexation shall require the affirmative vote of a majority of the Class "A" Members present in person or by proxy at a meeting, and of the Declarant, so long as the Declarant owns property within the jurisdiction of the Association. Annexation shall be accomplished by filing of record in the real property records of Brazoria County, Texas, an annexation agreement describing the property being annexed. Such annexation agreement shall be signed by the President and the Secretary of the Association, and by the owner of the property being annexed, and any such annexation shall be effective upon filing unless otherwise provided therein. SECTION 3. RIGHTS OF -OWNERS -OF ANNEXED -AREA. The Owners of land in annexed property shall be entitled to use the Common Area in the same manner and to the same extent of the Owners of all other property subject to the jurisdiction of the Association. Annexed property shall be impressed with and subject to Assessments imposed hereby on a uniform basis, consistent with provisions of this Declaration, SECTION 4. DEANNEXATIONS. Without the approval of any other Owners or Members, the Declarant shall have the exclusive right to deannex and remove any portion of the Properties which Is not yet developed at the time of deannexation from the provisions of this Declaration and the jurisdiction of the Association. Such deannexation shall be accomplished by the execution and filing for record an instrument setting forth the land being deannexed. ARTICLE IX MORTGAGEE PROVISIONS The following provisions are for the benefit of the holders of Mortgages. To the extent applicable, necessary or proper, the provisions of this Article apply to both this Declaration and to the By -Laws, notwithstanding any other provisions contained herein or therein. SECTION 1. NOTICES OF ACTION. A Mortgagee who provides written request to the Association (such request to state the name and address of such holder, insurer or guarantor and the description of the affected property), will be entitled to timely written notice of: RLR188883.113R12301,32 35 (a) any proposed termination of the Association; (b) any condemnation Toss or any casualty loss which affects the property on which there is a mortgage or deed of trust held, insured, or guaranteed by such Mortgagee; or (c) any delinquency in the payment of Assessments or charges owed by an Owner of the property subject to the Mortgage of such Mortgagee, where such delinquency has continued for a period of sixty (60) days. SECTION 2. NO PRIORITY. No provision of this Declaration gives or shall be construed as giving any Owner or other party priority over any rights of the Mortgagees in the case of distribution of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. SECTION 3. NOTICE TO ASSOCIATION. Upon request, each Owner shall be -obligated to furnish to. the Association the -name -and address of the holder of any Mortgage encumbering such Owner's property. ARTICLE X GENERAL PROVISIONS SECTION 1. TERM. The provisions of this Declaration shall run with and bind the land and shall be and remain In effect for a period of forty (40) years after the date that this Declaration Is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by the Owners of not less than sixty percent (60%) of the Lots subject to the provisions hereof agreeing to terminate this Declaration has been recorded within the year Immediately preceding the beginning of a ten (10) year renewal period, in which case this Declaration shall be terminate at the end of Its original term or the applicable extension period. Every purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that the provisions of this Declaration may be extended and renewed as provided in this Section. SECTION 2. SEVERABILITY. Invalidation of any one of these covenants by judgment or other court order shall in no wise affect any other provisions, which shall remain in full force and effect except as to any terms and provisions which are invalidated. SECTION 3. GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean or include the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either RLR108863,1DR12301.32 36 to corporations (or other entitles) or Individuals, male or female, shall in all cases be assumed as though In each case fully expressed. SECTION 4. TITLES. The titles of this Declaration of Articles and Sections contained herein are included for .convenience only and shall not be used to construe, interpret, or limit the meaning of any term or provision contained in this Declaration. SECTION 5. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant during the Class B Control Period (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or Judicial determination which shall be In conflict therewith; (b) if such amendment is required by an Institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on -the -property subject to this Declaration; -(c) ifsuch amendmentisnecessary to enable any governmental agency or reputable private Insurance company to insure mortgage loans on the property subject to this Declaration; or (d) for any other purpose, provided that the amendment has no material adverse effect upon any right of any Owner or that the Owner or Owners so affected have consented thereto, In addition to the amendmentsdescribed above, thls Declaration may be amended at any time by an instrument signed by Owners representing a minimum of sixty percent (60%) of the total Class "A" votes in the Association and, as long as the Class "B" Membership exists, the Declarant; provided, however, no amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant. Any amendment to this Declaration must be recorded in the real property records of Brazoria County, Texas. SECTION 6. MERGER AND CONSOLIDATION. Upon a merger or consolidation of the Association with another non-profit corporation organized for the same or similar purposes, the Association's properties, rights, and obligations may be transferred to the surviving or consolidated association, or alternatively, the properties, right's and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants, conditions and restrictions established by this Declaration, together with the covenants, conditions and restrictions applicable to the properties of the other association as one scheme. No merger or consolidation shall be permitted except with the assent of Members representing sixty percent (60%) of the votes of the Class "A" Members and, until the termination of the Class "B" Membership, the RL.R188863,1D R12301.32 37 Declarant. SECTION 7. DISSOLUTION. The Association may be dissdlved with the assent of Members representing two-thirds (2/3rds) of the the votes of the Class "A" Members and, until the termination of the Gass "B" Membership, the Declarant. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. SECTION 8. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the covenants, conditions, and restrictions set forth in this Declaration, as may be amended from time to time, and with the rules and regulations adopted by the Board. The Board may impose fines or other sanctions, which shall be collected- as provided herein for the collection of assessments.- Failure to comply with this Declaration or the rules and regulations shall .be grounds for an action to recover sums due for damages, injunctive relief, or any other remedy available at law or in equity, maintainable by the Board, on behalf of the Association, or by any Owner of a portion of the Properties. Failure of the Board or any other Person to enforce any of the provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall also have the right to enforce, by any proceeding at law or in equity, any other restrictions, conditions, covenants and liens imposed upon any portion of the Properties which by the terms of the instrument creating same grant the Association the power to enforce same, and failure of the Association to enforce such provisions shall in no event be deemed a waiver of the right to do so thereafter. In addition to any other. remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon a Lot to abate or remove, using such force as may be reasonably necessary, any erection, thing or condition which violates this Declaration, its rules and regulations, or the Guidelines. Except in the case of emergency situations, and as otherwise specified herein, the Association shall give the violating Owner ten (10) days' written notice of its intent to exercise self-help. All costs of self-help, including reasonable attomey's fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of Assessments. SECTION 9. RIGHT OF ENTRY. The Association shall have the right, but not the obligation, to enter into any Lot for emergency, security, and safety reasons, and to inspect for the purpose of ensuring compliance with this Declaration, the By - Laws, and the Association rules, which right may be exercised by the Association's RL11198e63.1DR12301.32 38 Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except In an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Association to enter a Lot to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable time after request by the Board. SECTION 10. NOTICE OF SALE OR TRANSFER OF TITLE. In the event that an Owner sells or otherwise transfers title to his or her Lot, as specified in Section 3 of Article III such Owner shall give the Association written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board of Directors may reasonably require. Until such written notice Is received by the Association, the transferor shall continue to be jointly and severally responsible for all obligations of the Owner of the 'Lot hereunder, including payment of Assessments; -notwithstanding- the transfer of title - to the Lot. SECTION 11. CUMULATIVE EFFECT; CONFLICT. The covenants, restrictions and provisions of this Declaration shall be cumulative with those of any Supplemental Declarations; provided, however, in the event of conflict between or among such covenants and restrictions, and provisions of any articles of incorporation, rules and regulations, policies, or practices adopted or carried out pursuant thereto, those of any Supplemental Declaration shall be subject and subordinate to those of the Association. The foregoing priorities shall apply, but not be limited to, the liens for assessments created in favor of the Association. IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions Is executed as of the day of 1997. RLI:696 BB3.1DR12301.32 39 U.S. HOME CORPORATION, a Delaware corporation By: Its: THE STATE OF TEXAS § • COUNTY OF HARRIS § This instrument was acknowledged before me on , 1997 by of U.S. Home Corporation, a Delaware corporation, on behalf of said company. (SEAL) RLR198883.10 M2 301.3 2 40 Notary Public in and for the State of Texas Name printed or typed My commission expires: • ETJ FELLOWS RD Mixed Use Business Park Business Park Low Density Residential//% 0 44 4 Public / Semi -Public SOHO DR -Ov m z O 1 z 0 O m 0 P O CO 70 o Medium Density Residential D m m NORWICH SHELDON DR 'KOLL Business Commercial SOUTHDOWN DR HUGHES RANCH RD D-10,000sf Lots (Suburban Res) Ordinance No. 2000M-96 Exhibit "B" FLUP Map MUD 4 (Country Place) Zoning Implementation This product is for information purposes and may not have been prepared for or be suitabl for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 305 610 1,220 Feet FLUP Map MUD 4 (Country Place) Zoning Implementation This product is for information purposes and may not have been prepared for or be suitabl: for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 310 620 1,240 Feet IIIIIIIII (/) N CO CO co .<<<<<<<<<< <<<<<<<<<i , <:<, <<<<<<<,t 4•<<<<<<<< <<<<< evc4-4,4`4<<<<<<<444<<444. `4<,;.iMIMMI , 4 ,:: or.: / .,,414(4<<454<(.,<<A4444<,46.<",<!<.1(16 <c t co co 70 g D GC 1 ETJ FELLOWS RD OUTHDOWN DR N (CD p WELLINGTON DR SHELDON DR tom 0 0 7J 0 D 0 z o o � CH RD R-1 - 0 m c 0 z 0 Vicinity Map MUD 4 (Country Place) Zoning Implementation This product is for information purposes and may not have been prepared for or be suitabl: for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. 0 305 610 11 1,220 Feet I 1 N Ordinance No. 2000M-96 Exhibit "C" Ptrbbead Ott, !1, $012 NOTICE OF A JOINT PUS HEARING OF THE CITY COUNCIL AND, THE PLANNING AND 'ZONING COM- MISSION OF THE CITY OF PEARI ANO, TEXAS Z,QNE CHANGE APPLICATION NO.201216Z Notice ls' hereby given that on November 19, 2012, at 6:30 p.m., the City Council and Plan- ning and Zoning Com- mission of the City of Pearland, In Brazorla, Harris and Fort Bend Counties, Texas, will conduct a joint public herntg In the Council Chr-Milrs al City Hall, WNW st $I$ Uberty Drive, Paarinb, Age, at the mpg of MY al Pssrlandg avtMa•s, to approval of General Business (OA) wilt Condkional Use Pmts (CUPS) on specified properties, Single Fam- ily Residential -3 (R-3), Townhouse Residential District (TH), and Planned Development (PD) zoning for MUD 4 property, more specifi- cally described as: Genre Lotsllielt- Cseal r PIM devil. glow M, naAA and e errMr sf MsNrtti, east e ra. Mea a 111 a. At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact th, P im ing Department 2111-1152-1111 Harold Elk City Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazzoria, Harris and Galveston Counties, for / issues, as follows: Date 66 .S/ 20 a_ No. Date 20 - No. Date 20 ,No Date 20 No. Date 20 CFO Subscribe and sworn to before me this 81 day of eoe' 20J_ LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Con -niggle Expires 09-09-2014 OP 11_ Z., .1 OttIVIidis. Laura Ann Emmons, Publisher Notary Public, State of Texas Ordinance No. 2000M-96 Exhibit "D" Planning & Zoning Commission Recommendation Letter November 20, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2012-16Z Honorable Mayor and City Council Members: At their meeting on November 19, 2012, the Planning and Zoning Commission considered the following: A request of City of Pearland, applicant, for approval of General Business (GB) with Conditional Use Permits (CUPs) on specified properties and Planned Development (PD) zoning for MUD 4 property, to wit: General Location: Country Place development, north and south of McHard, east and west of SH288. Following staff presentation, brief discussion ensued regarding future development of existing golf courses and conforming and non -conforming uses in the commercially developed areas. After this discussion, Commissioner Matthew Hanks made a motion to approve a zone change to Planned Development (PD) and General Business (GB) with Conditional Use Permits (CUP's) on specified properties. The motion was seconded by Vice -Chairman Linda Cowles. The vote was 5-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission JOINT PUBLIC HEARING AGENDA ITEM MEETING OF NOVEMBER 19, 2012 Zone Change No. 2012-16Z A request of City of Pearland, applicant, for approval of General Business (GB) with Conditional Use Permits (CUPs) on specified properties and Planned Development (PD) zoning for MUD 4 property, to wit: General Location: Country Place development, north and south of McHard, east and west of SH288. APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: November 19, 2012* City Council for First Reading: January 14, 2013* City Council for Second Reading: January 28, 2013* (*dates subject to change) SUMMARY: The City of Pearland has annexed Municipal Utility District 4, to be effective December 31, 2012. This annexation was approved by City Council April 28, 2003. As the property will be in the City Limits, the City will be applying zoning. The proposed zoning for the area current land uses. The effective date of the proposed zoning will be January 28, 2013. For the interim period between December 31, 2012 and January 28, 2013, the zoning for the property will be Suburban Development (SD), as is the case for all areas immediate upon annexation into the City. SURROUNDING ZONING AND LAND USES: North South East Zoning Land Use Business Park -288 (BP -288) Vacant/park and ETJ Single Family Residential -3 Residential (R-3) and Single Family Residential -4 (R-4) Single Family Residential -3 Vacant/Residential (R-3), Residential Estate (RE), and General Business JPH 11-19-12 Zone Change 2012-16Z Page 1 West (GB) Planned Development (PD) and General Business (GB) Commercial CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): The UDC has not applied to this property. The property will conform to requirements set forth in the ETJ by the County and to the restrictive covenants in place for the property. PLATTING STATUS: The property has been platted. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive Plan (latest update in 2009) generally indicates single-family residential, townhome, and parks for the area, as well as commercial for the property on the west side of SH -288. The proposed zoning of Planned Development based on the existing land uses, which are single-family residential, townhome, and parks for the area, as well as commercial for the property on the west side of SH -288 would be consistent with the Comprehensive Plan. CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property bounded by McHard Road, major thoroughfare with a minimum right-of-way requirement of 120', and Country Place Pkwy, a minor collector with a minimum right-of-way requirement of 80. AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: It is not anticipated that approval of this zone change request will have any significant negative impact on existing or future developments in the area due to the fact that it was development prior to being in the City limits. ADDITONAL COMMENTS: This request has been reviewed by the City's Development Review Committee and there are no additional comments from other departments at the time of this report. PUBLIC NOTIFICATION: An alternative means of notification was approved by City Council for this zone change. This notice was a legal notice of public hearing which was published in the local newspaper. Additionally this zoning was discussed at the Open House hosted in the area on October 25, 2012. Additionally, the Mayor has sent a letter to each resident in the area discussing the zoning process. OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Planning staff has not received any comments either in opposition to or in support of the proposed zone change request. JPH 11-19-12 Zone Change 2012-16Z Page 2 STAFF RECOMMENDATION: Staff recommends approval of the Zone Change 2012-16Z as proposed by the applicant for the following reasons: 1. Approval of the zone change will result in conformance with the surrounding zoning as well as current and future land uses. 2. The proposed zone change should not have any significant negative impact on the surrounding properties and developments. 3. The proposed zone change will bring the property into compliance with the approved Future Land Use Plan in terms of land uses. 4. The proposed zone change would allow existing uses on properties to remain without creating non -conformities as a result of the annexation of MUD 4. SUPPORTING DOCUMENTS: • Vicinity and Zoning Map • Future Land Use Plan • Aerial Photograph • PD Document JPH 11-19-12 Zone Change 2012-16Z Page 3