ORDER NE.274~7 APPROVRL OF FINAL F'LRT OF FASO CREEN,, F'CT. On this the 28th day of Jan~aar•y 202, ~_ipon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Co~_ir•t unanimo~_isly approved by a vote of 4-0-~, the final plat to 6e named Faso Creek in F'r•ecinct 2. COMMISSIONERS' COURT AGENDA REQUEST - PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Franklin Johnston. P.E. OFFICE: Road & Bridge MEETING DATE: January 28.2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Final Plat of Pass Creek- Pct 2 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P E /Charles Domingues ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the eazliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. 01/07/02 14:02 FAX 830 2117 2621 UGRA Hdq. T0: Upper Guat~tlape River Authority Hydraulic ~ Pnviraaarshl Raaasto~x ~+4x Boabr NaivdRoomeo Corer 125 Lehman Drive. Suite 100, Kiaetrl114 Teas 78026.5908 Phcac. (830),89b-5145 FQ: (830)Z57-2621 E-ma~1: 4~w6 Pnlimiaary Plat Review Paz ~J ante suhmlaed: /- ~- y 2i Subdivision: Ia44SS ~...Yti~~~~'+~ Developa~ 1"[i5a ~/eda.~vu,~n ~c . CompanyName}~p~j_ '+ ec CaotadPaeoa: C .. ~. ~Ktus?- Company Address rsmon, cin. a, zh1: ~~L lc K ~7 Soz-g PhonaNo. ~Cl~ ^ ~oG}od Fax No. r~Ci(o~ t;~oi AooBeaet to Comokte I>L*oematloe Above'[bis Line 1. Floodpla' Y ~~~ (1r------ ReviewodB Date: L ~OZ Deficient Issues: ^ Delineation of 100-yr. Flood Hazard Zone (1x3) 0 100-yr. Floodplain Impact plea (1) ^ Certified 100-yr. Flood Elevation for each lot (3xt) ^ Drainage plm (1) Recommendations: 2. OSSF Reviewed By: -~5~u/~dZliLiJ,GG6/3~ Date: 7~/ ~ Deficient Issues: ^ Location of planed & existing OSSFs (1x2) ^ Lot sin eafficieat (1x2x4) ^ Addrmsiag replacement disposal sites for each krt (1x2) ^ Separation Distances (1x2) ^ Soil class(es) profiles for eaoh association (ix2) ^ Overall Site Plan (1x2) ^ Location of plamred 8c existing improwtnwh (1x2) ^ USDA soil associations delineated ()x2) ^ OSSF typo for each soil association present (1x2) ^ Delineation of sites beyond 75 R. of a ctrrem a floodway having evidence elf groundwater ocevrrillg at depths leea thtm A 8. (1x2) Rexiommemdetions:, f~)k 3. Other Recomaeedatious Reviewed By: DatC Rxolnmeadstions: (1) 7TBLOC(]apra265 (2) ICea t'.auoty l)BSF Order N26775, O1-19-2001 (3) KarCburgEloodhevaotlaaQdQ1r1b1m.OWb1000 (<) Asr Q~7 btibdivislen Oeda N26777.12-11.2000 acne-va•ooarntos-0~~ r-~+"~"~1°"t""~01 01/07/02 14:02 FAd 830 267 2021 UGRA Hdq. TO: fi N-4 ~' .~ UPPER GUADALUPE RIVER AUTHORITY g ~ L25 Lehman Dr., Sta 100; ICecrvHle, Texas 76028 830896-5445; FA7C 830/L57-2621; a-mail: yIaia.ora FACSIIIZII.E'i'RANSNIITTAL Date: January 7, 2002 Na Pales (/nraading Cover): To: Charles B. Dominttues CompanylTitle: DOIr11I1gUe5 8t ASSOC. Fax No. 896-6901 896-6900 ~•~ Frart: $tuart ), BBROn Ken County OSSF & Floodplain Dasian ated Representative FaxNo.: 830/257-2621 PGareNo.: 830/896-54$6, ext. 730 03 Cogjldeatiatfty Nodn~ 77u docurxenrs acmnpmtying ML /acainWe lranprdY(on caredn maJWeNia! Iq/or,nadan ,rh(M it it[dry prMfegeA and urrended only(or Me ux o(du nriyient.arrdahove We nquen tauae~ore nalJleaNar by relephane of nrGrroured(acrlndle nana,dalan to Umr we mn anan[e (or reNra of Mote docranata ro vs rJYOU xte{ve tlrta(actlndie U ma. You me hereby nari(led river any diacbtrve cryyw[, 6'tnlbutfan or raAinp o(any action R nuance on the cnnterur o(thL JaxLnlie fa.arlc@y yrohibtnd Mesasge: Final Plat Review Submitted January 4, 21102 Pass Creek Ranch Owner/Developer: Paso Creek Ranch, Inc. Dear Mr. Domingues: UGRA has reviewed the subject plat for applicable floodplain (Kerr County Flood Damage Prevention Order #26463) and on-site sewage facility (Kerr County Order #26775), issues. A copy of the review is attached. Please note comments and make appropriate coaedions or coated us for a discussion if you take exception to our findings. We look forward to the final approval of your proposed plat. If we can be of further assistance in this matter, call onus. cc: Mr. Franklin Johnston, PE, Kea County Engineer UGRA Subdivision Files UGRA 4B-0DS-A jRJ7/9-) Pxawlnary PkrRsrkw Fes Cmrr.doe ROUTING SLIP Kerr County Application for Final Plat of a Subdivision Precinct # Z Name of Subdivision: Location of Subdivision: ASS C',e~-,(~ .CA.vC `[ Owner/Developer: /~A-.SO (,QEf,(/ ~.vC~ Phone # (~~~a17- 71 Zz Surveyor: O_ oin ~~ vEs ~ ~s'voc . Phone # (_) - Isthis part of an existing subdivision? Yes ( ) No Q~) If yes, Name: Volume ___, Page AGENDA DATE REQUESTED: Ot ~• ~D, boa/ Person(s) appearing before Commissioners Court: ~~aeLES n,~~,..vyaEs n 2. Submit one (1) copy of Final Plat to County Clerk, and arrange for pent ; f fees p~_ e~w ~~ County Subdivision Rules & Regulations. a,~, Il.(,t/- ~i Lt" c-°^^-- -l A Amount Paid $ .j~7• ~~ Signature: O,/, fice Use ;Only Ikrte Received by R&$ lt~Z~ ~ Date 3. Submit one (1) copy of Final Plat to Upper Guadalupe River Authority [ ] Septic Permit j ] Flood Plain pproval Fee Amount Paid~G-=' ~ ~'" Si e: Date 4. Submit one (1) copy of Final Plat toHeadwaters Underground Water-Conservation District ` r . Fee Amount,Patd,$„~/~Uu~u~~~/ ' Signature: ~( ' Office) ~;, to ** You must then COMPLETE this form and return it to the County EngineerFifteen (15) days before Commissioner's Court Agenda Date. (1 of I) 1. Final Plats are to be submitted to the Kerr County Engineer, for Review Thirty (30) days prior to next Commissioner's Court Date.** dannett Pieper, County Clerk Kerr County Courthouse Kerrville, Texas 79@28 arges: -FINAL PLAT FILING FEE # RCRD - 20 LDTS RCRD - 4 TAX CERT CK 3511 FINAL RECM -- RECDRD MANAGEMENT FEE PLAT PASS CREEK CDPY - CERTIFIDEDECDpIES{GENERAL) Total Paid: (305.00 b 'AYEE awingues Associates Total C.hgs: 7ata1 F'aid: `{, fiiyU .. `3rtl IUir! Issued by: ELSR F'AGE 1 of 1 ~. 5@. ~c~0 2N0. Q!@ X0.00 ::5. 00 J. ~Q ~~.__--y-'-QiQ 5305,00 4i.~fs`:.... ~ is i International Trade Services 525 Market Street, 25th Floor San Francisco, CA 94[05 WELLS FARGO BANK, N.A. TRADE SERVICES DIVISION, NORTHERN CALIFORNIA 525 Market Street, 25th Floor San Francisco, California 94705 Contact phone: 1-800-798-2815 Option 1 or 5 IRREVOCABLE LETTER OF CREDIT Beneficiary: County of Kerr, Texas 4010 San Antonio Highway Kerrville, TX 78028 Attention: County Engineer Ladies and Gentlemen: ~O Letter of Credit No. NDS426274 Date: January 10, 2002 We hereby establish our irrevocable Letter of Credit in your favor for the account of Paso Creek Ranch, Inc., 526 Spanish Oak, Ingram, TX 78025 in the amount of Fifty Thousand United States Dollars (US $50,000.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, County Engineer of the County of Kerr, Texas (or a duly authorized agent of the County Engineer of the County of Kerr, Texas) hereby makes demand under Wells Fargo Bank, N.A. Letter of Credit No. NDS426274 in the amount the sight draft which accompanying this statement.° Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. letter of Credit No. NDS426274." This Letter of Credit expires at our above office on July 11, 2002. If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 (the "UCP") and the laws of the State of Texas, and, in the case of any conflict between such laws and the UCP, the laws of the State of Texas will control. 2. S'S, :'!. ' 7:'Ja 1'd.[ 4~; B Ta7 26Y1 CGMA 11d9• '1'U: ~ 02 - UPPER GUADALUPE RIPER AUTHORITY r Guadalupe Basin Namrnl Resources Center Hydraulic do Environmental Resources 125 Lehmann, Suite 100, Kerrvr7le, Texas 78028-5908 630/896-5445 License to Operate PoSTE~ L1cFxsE: 000-356 Jalr l6, zool LICENSEE: Robert Neutzq 404 Loyal V alky, Kemllk, TX ?8028 PROPERTY: 836917, Si-vcr HiOs, Lot 16-5 (Replaq, Acres 11.2, 550 SilYer Hills Road, Kemflle, TX 78028 TYPE OF FACILITY: Standard Treatment, Non-standard Disposal (Low Pressure Dosing System) QX New ~ Transfer of License X~ Previously Unlicensed Facility Alteratioq Extension, or Repair QX Residential ~ Commercial ^ Institution SPECIAL CONDfITONS: Water Conservation Recommeeded. System deslpted for athree-bedroom mobile home without water saving deices, kss than 2,500-sq. ft of Gviag area. Daily Fbw =300 fiPD. On luly 16, 2001, inspector Stuart 1. Barron made the final physical inspection of this facility. Based upon that limited inspection, the information provided by the applicant, the records of the UGRA Errvuonmentel Health Department, and the applicable Rules and Standards, the licensing Authority finds that the facility is in substantial compliance with the minimum requirements of lire Sundazds and Rules, bin that at the time of [he inspection(s) of the (acility, there Was no evidence that the facility was causing or threatening to cause injury to the public health of nuisance conditions and was generally functioning in a salisfu[ory manner. Any Grease, permit, or other authorization isstred under these Ruks shall tsuWtttatirally terminate if not properly emended, transferred, or authorized if: (1) there is a subdivision of the property served by the on-site sewage facility; (2) there is a sale of the property served by the on-site sewage facility; (3) the property is used for a purpose other than that described in the original application; (4) the loading of the on-site facility is increased beyond [ha[ stated in the applinUon; (5) the facility fails; or (6) for sernndary treatment, such as aerobic units, failure m maintain a curtem and effective maintenance agreement ss required by TNRCC OSSF Rules, Subchapter A, 5285.7. It will be the responsibility o[ the Licensee to maintain and operate the facility in a satisfactory manner. The proper perfortaance of an on-site fuility cannot be 8uaranteed, even though all provLsions of Stale Standards, and County Rules and Standards have hero met. Inspection and licensing of an on-site sewage facility by the Licensing Authority shall indicate that the facility' meets minimum requirements and does not relieve the Owner of the property from complying with the County, State, and Federal Regulations. On-site sewage facilities, although approved and meeting minimum standards, must be ttp-graded or connected to a sewtr line by tht licensee at the Licensee's expense, if tfre Licensee's operation of the facrL'ty results in objectionable odors, if unsanitary conditions are created, if pollution or nuisance conditions are threatened or occur, or if the fatality when treed does twt comply with government regulations. . THIS LICENSE IS aASFD UPON A LIMITED INSPECTION AND IS NO'f A OllAAANTEP OR WARRANTY THAT THE FAC111TY WILL IN FACT. OPERATE O0. FVNCi10N PROPERLY FUR ANY PAATICUI.VI 1.E14GlTi t1F TIME LATENT OEFECrS MAY EXIST WHICH WOl"lD RENDER THE SYSTEM IN VIOLATION OF THE RULES AND/OR STANDARDS. FUR 0. MORE DEfAIIFD EVALUATION, YOU ARE ENCOURAGED TU CONTACT AN IXPERIFIJCED R£GISTFAFD PROFESSIONAL ENGINEER, REGISTERED PROFESSIONAL SANITARIAN, OR OTHER PERSON CTiRT1flED RY 7T{E TEXAS NATURAL AFSOL'RCE CONSERVATION COMMISSION. St1Yft J. BelrOn Designated Representative IM.2r 0a-o.H-P fna3N01 .+-, Y:i dX- z~cv~c.. '..:ca i:~.~ s.., ~~„ znr. ~cxn iidq. ro: ~,~n ra ~~ ...q~ UPPER GUADALUPE RIVER AUTHORITY a = 125 Lchman Dr., Ste. 100; Kettville, Texas 78028 830/896-5445; FAX 830257-2621; a-mail: u~aadmn[~uara8r¢ FACSINIII.E TRANSMTITAL note: December 5, 2001 No. Pages (tnctudingCover): 2 To: Robert A. Worsham Realtor Cotttpanylritle: Worsham & Co. Fax No. 367-7224 PhwteNo.: 367-7222 ~~~ From: Tish Hulett Fax Na.: 830/257-2621 Phone Na: 830/896-5456, eat. 233 ConfideNidib Natirt: 7Le docaments accoerponyine aµs foerintite bananiariOan aoNain crogfideatiat vtJa°t°tln^ wbieh 6legady privileged and intendrd anlyfm eAr use oltbe reciPia,r nerved ebdt. We rt4untinonadtaxsro~eatian 6ytdrphonealt~rantodlarsim(le trenanisxion ro drat we can asratsgrla Mum o! dose drxumentt to us. $yaa reeenr ddslaesbtdle H rrror, rou an hereby notified diet any duebsvn eopring disbibaean or ta4a8 o/anr action in reliance on dte eomm4' al dtfrlae8intileu ~'dyPahfbised Message: Attached please find a copy of Septic License No. 0(10-356 for 550 Silver Hills Aoad that you requested. ce: UGRA OSSF file No. 000-356 f~o1 UGRA 49-005-A (R!!N4) Doot~ull DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PASS CREEK RANCH, KERR COUNTY, TEXAS A. DEFINITIIONS: The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: 1. "Architectural Control Committee" shall mean and refer to that Committee as defined subsequently in this Declaration. 2. "Articles" shall mean the Articles of Incorporafion of the Association, and shall additionally include any amendments or supplements thereto as may be made from time to time. 3. "Association" shall mean and refer to Pass Creek Ranch Owners Association. 4. "Board" shall mean and refer to the Board of Director of the Association. 5. "Bylaws" shall mean and refer to the Bylaws of the Association, and shall additionally include any amendments or supplements thereto as may be made from time to time. 6. "Common Areas" shall mean all areas of the Property designated as Common Area on the Plat. 7. "Declarant" shall mean Paso Creek Ranch, Inc. and the successors and assigns of Declarant. i - S. "Declaration" or "this Declaration" shall mean this document and shall additionally indnde any amendments or supplements hereto as may be made from time to time. 9. "Deed" shall mean a deed or other instrument conveying fee simple to or a fee simple interest in a "Lot". 10."Lot" shall mean and refer to any Lot (with the exception of any Common Areas and any Open Areas) shown on the Plat. 11."Member" shall mean and refer to a Member of the Association. Regmrements for membership and voting rights of Members shall be as defined in the Amides and Bylaws. 12."Open Areas" shall mean all area of the Property, which are designated as Lots, Common Areas, or road rights-of--way. 13."Owner" shall mean and refer to (1) a record Owner of a fee simple interest in any Lot and (ii) Lot by purchaser of a fee simple interest in any Lot by contract for deed. The foregoing shall not include any persons or entities who hold an interest in any Lot within the Properly merely as security for the performance of an obligation. 14."Plat" shall mean the Plat of the Property as filed of record in the office of the County Clerk of Kerr County, Texas, and shall additionally include any amendments, supplements, or replat thereto or thereof as maybe made from time to time. 15."Property" shall refer to the real property described in Ealribit "A" attached hereto and shall additionally indnde all other real property which may snbsegnenfly be added to and made subject to this -- Dedaration by amendment or supplement hereto. -- 16.~Rnles and Regulations" shall mean any Roles and Regulations adopted by the Association and/or its various committees, as may be permitted by this Declaration, the Articles, or the Bylaws, and shall additionally include any amendments or supplements thereto as may be made from time to time. 17."Wildlife Committee" shall mean refer to that Committee as defined subsequently in the Declaration. B. COVENANTS BINDING: 1. PROPERTY BOUND: The Property shall be subject to all provisions, terms, and conditions of this Declaration shall be for the benefit of, and shall run with and bind the Property. 2. OWNERS BOUND: All provisions, terms and conditions of this Declaration shall be binding upon and for the benefit of each Owner and his heirs, executors, administrators, trustees, personal representatives, successors and assigns. Each Owner for himself, his heirs, executors, administrators, trustees, personal representative, successors and assigns expressly agrees to pay, and to be personally liable for all assessments provided for hereunder, and to be bound by all provisions, terms, and conditions of this Declaration, the Articles and the Bylaws. Each Owner shall be and remain personally liable, regardless of whether has transferred titre to the Lot, for the amount of assessments on his Lot (together with interest thereon, cost of collection and attorneys' fees, if any) which fell doe while he was the Owner. An Owners personal liability shall not pass to successor Owner unless expressly assumed by a successor Owner. Any assumption of personal liability by a successor Owner shall not relieve the prior Owner of personal liability. ^ C. COVENANTS AND USE RESTRICTIONS: 1. USE, SIZE AND COMPOSTION: The property shall be used for residential, recreational, ranching, and agricultural purposes only, and shall not be used for 'any mercantile or commercial purposes. No building shall be erected, altered or permitted to remain on any Lot other than no more than three (3) residential structures with the FIRST stricture to be not less than 2,000 square feet of living area and shall be seventy percent (70%) stone, brick or stucco. No structure shall exceed two stories in height. A separate private garage (or other covered car parking facility) for not more than six (6) automobiles is also permitted. Appurtenant strictures may be placed on a Lot as may be approved by the Architectural Control Committee. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. -- 2. MOBILE HOMES: Modular, ready bnilt, manufactured homes, mobile homes, and pre-existing stractm•es are prohibited from being placed on any Lot. 3. SET BACKS: No structure other than fencing, walls, planters, and hedges shall be placed on any Lot less than 125 feet from a roadway property line or lines, 50 feet from any side property line or 50 feet from the back property line. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. 4. BURNING: No fires shall be permitted on any portion of property unless approval is obtained in advance. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. ^ 5. OFFENSIVE: No offensives, no~ous, profane or unlawful use shall be made of any of the Property. 6. SUBDIVISION: No Lot may be further divided. Notwithstanding the provisions, terms, and conditions of this paragraph or any other provision, term, or condition of this Declaration, the provisions, terms, and conditions of tlus paragraph shall not apply to any Lot owned by Declarant. 7. CONSTRUCTION: All structires shall be of new construction. No stricture shall be constricted on any Lot without first submitting the plans, drawings and specifications to the Architectural Control Committee for approval. The Architectural Control Committee shall indicate approval by signing and dating the submitted plans, drawings, and specifications, and retaining a copy of same. Shiny roofs or siding are prohibited. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. 8. CONSTRUCTION COMPLETE: Construction of a structure must be complete within one ('1) year from the time constriction commenced. 9. SEWAGE: Individual sewage disposal systems shall be located, constricted and equipped in compliance with the rules and regnlafions of all governmental authorities and agencies having jurisdiction. 10. ANTENNAS: No exterior television, radio or other antenna of any type shall be placed, allowed, or maintained upon any Lot unless screened from view of all other Lots, Common Areas and road rights-of--ways, and mast have written approval of the Architectural Control Committee. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. -- 11. ROADWAY PARI~iG: Parking on road rights-of--ways is restricted to deliveries, pickup or short time guests and invitees. 12. STORAGE: No exterior storage of any items of any kind shall be permitted except with prior written approval and authorization of the Architectural Control Committee. Any such storage as is approved and authorized shall be in areas attractively screened or concealed from view from all other Lots, Common Areas, and road rights-of--ways. This provision shall apply without limitation to all exterior storage and shall include, but not be limited to, wood piles, camping trailers, boat trailers, travel trailers, boats, pickup camper units, automobiles, tracks or other vehicles. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. 13. GARBAGE: No garbage or trash shall be placed outside the exterior of any structure, except in containers meeting specifications of the Association, and the placement, maintenance, and appearance of all such containers shall be subject to Rules and Regulations of the Association. All rubbish, trash and garbage shall be regularly removed from each lot and shall not be allowed to accumulate thereon. 14.OUTSIDE LIGHTING: No outside lighting other than indirect lighting, shall be placed, allowed or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. 15. ANIlVIALS: Dogs, cats, birds or fish may be kept on a Lot in reasonable numbers, so long as, in the discretion of the Association, such animals are not, or do not become a nmsance, threat or otherwise objectionable to other Owners. Swine are not permitted. Horses permitted with no more than four (4) on a ten (10) acre area. Sheep or Goats no more than one (1) animal per two and one-half (2 '/z) acres. Other animals not mentioned herein mast be approved by the Wildlife Committee. All animals must be kept on a leash or in fenced areas, and be on a leash when off the Lot. The Wildlife Committee shall be responsible for maintaining and administering the provisions, terms and conditions of this paragraph. 16. REPAIRS: No repair or maintenance of any detached machinery, equipment or fixtures, including without limitation motor vehicles, shall be made upon any portion of any Lot within view of all other Lots, Common Areas or road rights-of--ways without prior written approval of the Association. 17.OIL AND MINERAL ACTIVTI'Y: No oil, gas, or other mineral exploration, drilling, development or refining operations shall be permitted. No drilling, quarrying, or mining operations of any kind, including but not limited to, oil wells, surface tanks, tannels, mineral ~' excavation or shags shall be permitted upon or under any Lot. No structare designed for drilling, transporting, storing, or refining oil, gas, or other minerals shall be erected, maintained or permitted on any Lo17 18. VIOLATION OF DECLARATION: No Lot shall be maintained or atilized in violation of this Declaration, the Articles, or By-laws. 19. MOTOR VEHICLES: Motor vehicles may be parked only in a carport, driveway or parking areas designated by the association, unless otherwise authorized by the Association in writing. No bases, vans, trucks or other vehicles having a carrying capacity in excess of one ton or designed for commercial purposes shall be placed, allowed, or maintained upon any Lot except with the prior written approval of the association in areas attractively screen or concealed from view of all other lots, Common Areas, and road rights-of--ways. - 20. GARAGES AND CARPORTS: The interiors of all carports shall be maintained in a neat, clean and sightly condition. No carport shall be used for storage. No power equipment, hobby shops or carpenter shops shall be maintained in any carport. No overhaul, repair or maintenance work of any nature shall be conducted therein, including, but not limited to, detached machinery, equipment, fixtures or motor vehicles. The Architectural Control Committee shall be responsible for maintaining and administering the provisions, terms, and conditions of this paragraph. 21. HUNTING: Hunting on any Lot is prohibited. 22. FIItEARMS: Discharge of any pistol, rifle, shotgin, or any other firearm, or any bow and arrow or other device capable of killing or injuring is prohibited. 23. DRIVEWAYS: Driveways shall be hard surfaced and shall be constructed with a minimum width of nine (9) feet along their entire length. The width of each driveway at its entrance to like road must flair to a minimum width of (n 16 feet, or (ii) the minimum width required by the Kerr County Subdivision Rules and Regulations, whichever is greater. Dust producing driveways are not permitted. 24. ROOFING MATT.RiAT.; All roofing material for any structure shall be of either standing seam metal, wood shake, file or the top grade, heavyweight composition or fiberglass shingle. Shiny roofs are prohibited. The Architectural Control Committee shall be responsible for mauttaining and administering the provisions, terms, and conditions of this paragraph. 25. CONSTRUCTION DEBRIS: Daring constriction the Owner of the Lot or his contractor must (I) provide a temporary portable toilet and (ii) maintain and keep the Lot clean and free of excess debris at - all times. After completion of constriction the Owner or contractor ~- shall immediately remove all remaining construction debris from the Lot, leaving it in a clean and well-kept condition. 26. FENCING: All fencing along the main road shall be of uniform construcfion with 6 inch diameter steel corner posts, 2 3/8 inch diameter line post. All posts shall be painted green and green KT" posts shall be used between line posts. Wire shall be 42" 12 I/~ gauge 6"a6" mesh and the top wire is to be smooth (no barbwire). All fences shall be set back 10 feet from property line along main roads. ?9.92 w 0 (7 ~~ ------- .36 acre ExhibiaTea5901,1 ~VoVume 363, p 9 (this side} in J ss~~ 3 ° ~ PPS o~ ~ ~ M N ill ~ ~ M N O Ql O ~ p N c .- c0 N ~ O~ O N d- N iD ~ ~ ~ in N N `i ~~~ n r` to M c Y N M 6l N N N N ~ ~• w y NN N N U V~ O M~~ d~=""'-~~ ~c w maN°''c~3 ~ w-. M r N x O N ~N (MN M _ o Q °v~?M o ~ Q ~ M M ° lfl O A ~~vl~ m ~ N `" ~ ~, 1 p~ ~~ti j SO' 17'21' E ~-~ ~ ?' remiados Rancn J~ ~ ~ 106.180 acre tract out of Los p (/~+° ~° ~2° Texas Hilf Country Orch artnership o 0 1973 Shelton Trust p I ~i ~ Vol. 734, page 524 RPR Q~ (this side} , No. 109, F. A. Sawyer (this s~ Ids) _ ~_ _ - 1 Survey . s~~ ~ ~~~ 0 250 Graphic Scale "~ Pass Creek Ranch risin of Kerr; State of Texas; compbQ1ng out of original Survey No• 109, F. A. Sawyer, Abstract No. 306; 9 This subdivision is that land, lying and being situated in the County an to Alfred Unnasch, by which was conveyed from Central Securities omP 245. t 9 acres, more or Tess; being part of that 519 acre tract, a 291, of the Deed Records of Kerr deed dated the 11th day of May, 1937, of record in Volume 61, Pa9 1998 of record deed dated July 10, Count ,Texas; which part of the 5lncanrFamily investmen gULTD., by v7exas; the subdivsion also includes y Inc., to Max Du Seaboard Diversified, rt Records of Kerr County, rt Records of in Volume 961, page 154, of the Real Pro d f om Bobby Goldsmith, to Falcon Seaboard Diversified, Inc., Y 144, of the Real ProPe Y all that 1.9 acre tract, which was convey deed dated the 10th day of July, 1998, of record in Volume 961, page which was conve1998~o gecord inlthe RealtpropertY Kerr County, Texas; and also adeed dated the 15th day of December, Seaboard Diversified, Inc., by Records of Kerr County, Texas. Scale 1"= 250 feet pwners: Paso Creek Ranch, fnc. Sheet 1 of 2 305 Scrub Oak - Ingram Tx 78025 Tei 367 7222 November, 2001 SurveY~ by; Domingues & Assoc. G09 Sidney Baker 5t. job No. 4900 rro.-rville, Texas 7802$ O~(Jice Use Only Date Received by R&B ROUTING SLIP Kerr County Applica/t~ion for F,,i~~nal Plat of a Subdivision Name of Subdivision: !~A SS `,~-,(~ ,('An/c It Location of Subdivision: Precinct # Z Owner/Developer: /~i4ao C.26E-,~/ ~CS1,vC~E Phone # (~~e47- 7212 Surveyor: j~a~n~ ~ ~E,s ~ ~svoc . Phone # L~ - Is this part of an existing subdivision? Yes ( ) No ~) If yes, Name: Volume _, Page AGENDA DATE REQUESTED: OG-C. /D, BOO / Person(s) appearing before Commissioners Court: ~i1,veLE~ ..v ups Final Plats aze to be submitted to the Ken County Engineer, for Review Thirty (30) days prior to next Commissioner's Court Date.** Signature: ~ ~~~~ _ /~ 9 O~ (Kerr Cgdnry Engineers Office) to 2. Submit one (1) copy of Final Plat to County Clerk and arrange for payment of fees per Kerr ~~~ County Subdivision Rules & Regulations. ~a~,~,,[~ ~i ~~ (,QwK-~( Amount Paid $ .~~~• 0~ Signature: f 1-2y-~ ~ Date 3. Submit one (1) copy of Final Plat to Upper Guadalupe River Authority [ ] Septic Permit [ ] Flood Plain pproval Fee Amount Paid ~ '~'" S' e: ~ ~ ~ - ~ "a I ~,p _ - v U (UGRA Office) Date 4. Submit one (1) copy of Final Plat to Headwaters Underground Water Conservation District r Fee Amount Paid $ Signature: O( t : C Office) to ** You must then COMPLETE this form and return it to the County Engineer Fifteen (15) days before Commissioner's Court Agenda Date. (1 of 1) APPENDIX I O,~Fce Use Only ROUTING SLIP Date Recefved by R&B Kerr County Application for Preliminary Plat of a Subdivision [ ] Preliminary Plat [ ] ~ ~' Preliminary for Revision of Plat Name of Subdivision: P?So C`Y' «~T ,2n~n4 Location of Subdivision: OtY' ~'~1~4'fy•~ f ~'"e"~ Precinct # 2- Owner/Developer. A~SD C-'tel~~ Phone # (~, 3C7- 7277. Surveyor: ~O»r•~9y't' Phone # iTo ~9 - 69~ Is this part of an existing subdivision? Yes ( ) No (~ If yes, Name: Volume ~ Page _. AGENDA DATE REQUESTED:~3 Person(s) appearing before Commissioner's Court: 1. Submit ten (10) copies of Plat and Drainage Study to the Kerr County Engineer, for Review Thirty (30) days prior to Commissioner's Court Date.** The Commissioner of the Precinct will be notified. ' Received by: 70 25 6 O (Kerr Coun ngineer's Office) Date 2. Submit one (1) Copy of Preliminary Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. [ ] Preliminary Plat [ ] Preliminary Revision of Plat _ o0 Amount Paid $~ 5 ~ = Signature: ~.q,~/~~' EPe~ / ~ - -D U 3. Submit one (1) copy of Preliminary Plat to Upper Guadalupe River Authority [ ] Permit application and support data for On-site Sewage Facilities [ ] Flood Plain information Fee Amount Paid $ Received by: I u • a- p p of (UGRA Office) Date 1 ~ low (1 of 2) 4. """' Submit one (1) copy of of the Preliminary Plat to Headwaters Undergrotmd Water Conservation District and make paymen't5of fees: ' ~ ~: Fee Amount Paid $ '- Iy ~ - , , ` ,,Received by. ~ " ~ ~c~ CD Office) ~. 911 STREET NAMES (if applicable): The attached Plat is for Preliminary Review. Discuss with the SurveyorBngineer any potential problems: , ~ ` Signature: (911 Office) Date 6. If Platting includes any utility easements or changes to an existing easement this Preliminary Plat is for review. Signature indicates receipt of the Preliminary Plat only. Utility shall give Surveyor/Engineer easement notes required. Electric Utility: 2. Telephone Company: (This shall be added to Final Plat if Mylar applicable) Fax copies acceptable. 7. If Platting has access to a Texas Department of Transportation Roadway a copy of Preliminary Plat must be reviewed by the TXDOT Engineer. Signature on this form indicates receipt of Preliminary Plat only, sign mylar for final approval. Signattue: (77~OT Engineer's Office) Date * * You must then COMPLETE this form and return ii to the County Engineer F j~een (I S) days before Commissioner's Court Agenda Date. (2 of 2) PASO CAEEK RANCH 30.5 SCRUB OAK INGRAM, TX 78025 Pay to the 1034 37-85/1119 835 Date /Q-3-~{~ ®WELLS FARGO BANK TEXAS. NA. 110 HWY 27 EAST INGRAM, TX 78025 www.w"-eall"-sfargo.co//JJm Mema /~.fr'C.(~9,GL.C//1127~~1 / ~:iii900659~:06i28i548011. 1034 ~~ Dollars er a...a..o- ~..r~ ~_,,,,,.r ,~ ~P'"`~~~ eet 700 Ma:n Str Courthouse Kerr County 78028 Kerrville, Texas ~ ., GhargQS° ~ausepg 8784 pREtIMINARY pLRT pRSO CREEK RANCH CKil103N „~~ pRYEE: ek Ranch .aso Gre 30S Scruj 07g025 Ingra~, /~(/(~~))~~ (~ ~. IY.I WY~2000 Date ReCe~ved~ MAGGIE Issued bY' RGRD RECGRDINGS 4 50.00 ' l 450.00 ~ Total Chgs~ 450.00 ~ Tat al paid: ~4 PAGE 1 of i ..~ J -~ ,., _; 7 ~ 3 0 o o ~ ~ ~ N > V1 V1> M ~ ,~ <( ,n O acre Exhibit Tract "1" N ume 363, page 590 (this side) `a ~ -~~ ~ ~' o~ col N ~ =w~' °• t ~- '~ ~,' 106.180 acre tract ou to Ltd ds h O o ~ ss - --~' ~ ~ ~ Qu c ' ~' r y . , ar rc Texas Hill Count ~' ^ ~ / 'L ~ ~' ~ ,~ > ° 1973 Shelton Trust partnership P`Of ^°>~ ~' O~ Vol. 734, page 524 RPR ti c~ ~y ~ (this side) M y Y N MmN "' ~ SO°17'21"E Survey No. 109, F `_ A. Sawyer (this side) ~ V M ^ "' ~ °1 °' • N ~i ~ C d~ ~ M ~ N 312.33 _ •- Q~ ~ v> ~ U U ~ ? ~ N ur w ,., ~ ~ ~ y 3 ~ M ~ a m ~ ` ~ 3 d' N 7i 3 CO ~n ~am~N~3~' X O N N . 0 250 N ~ u7 i N ~ r O ~ u9~M~ M Q C ~ N n in o M a ~^ `^ ~ o' ~ y ~ Graphic Scale . ~/ ~ „ N M ~ ~ ' ` ~~~ ~i ~ .f'14= Pass Creek Ranch This subdivision is that land, lying and being situated in the County of Kerr; State of Texas; comprising 245.19 acres, more or less; being out of original Survey No. 109, F. A. Sawyer, Abstract No. 306; being part of that 519 acre tract, which was conveyed from Central Securite ~9omopfathe Deed Records ofhKerr deed dated the 11th day of May, 1937, of record in Volume 61, pag County, Texas; which part of the 519 acre tract was subsequently conveyed as 396.68 acres, from Falcon Seaboard Diversified, Inc., to Max Duncan Family investments, LTD., by deed dated July 10, 1998, of record in Volume 961, page 154, of the Real Property Records of Kerr County, Texas; the subdivision also includes all chat 1.9 acre tract, which was conveyed from Bobby Goldsmith, to 144~of theRealdPropertyR cords of deed dated the 10th day of July, 1998, of record in Volume 961, pag Kerc County, Texas; and also all that 0.05 acre tract, which was conveyed from Bobby Goldsmith, to Falcon Seaboard Diversified, Inc., by deed dated the 15th day of December, 1998, of record in the Real Property Records of Kerr County, Texas. Vicinity Map V ~/ ~ / owners: Paso Creek Ranch, Inc. 305 Scrub Oak -Ingram Tx 78025 Scale 1"= 250 feet Tel 367 7222 Sheet 1 of 2 November, 2001 Surveyed by: Domingues & Assoc. 609 Sidney Baker St. lob No. 4900 Kerrville. Texas 78028 SITE ~ L B7a ~6~~ - ~ 10 Ae i7'f a e ^ s yd' 7°'4rn 1 ,~ . ~~a t 0 Ac tYIX.CE loaf ~ ah 1 caU1 taM~h 1020 Ssl t723"E /J ~4 yfm ~ ~ id 259.61 t + S S F . Bp ~ ~ ~iact 2 tio ~ ~ / i,e=~de~tf tOA ~ ~ aQ _/ ~ ~ c y ~~ flora of O S~39D.54 E \ \ p V water Dell J u, ,o ~yye„~,t Q !p 75 24~58'2b•E 96.27 N rcs ^c ~~,~, ,~.,~,f/ ^ 3 6-37 54'E - VW.[b(. ~ 230.00 hW 25 Ac ~ . "' ~ (~ Jitf/nigyua~!' Si f~va'Ja' ~' fi/J/~ ~~