ORDER NO. 30202 FINAL PLAT OF RANCHES ON SUNSET RIDGE Came to be heard this the 26th day of March, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the final plat of Ranches on Sunset Ridge, located in Precinct 3. ~a aa.~ ~,5 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom MEETING DATE: Mazch 26, 2007 OFFICE: Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take approuriate action for Final Ptat of Ranches on Sunset Ridee, Pct. 3 \ EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Lee Voelkel ESTIMATED LENGTH OF PRESENTATION: _r' PERSONNEL MATTER -NAME OF EMPLOYEE: Tune 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: Meefing scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: (c~ 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. regl ,~r4E 0 S ~ r~ s e ~,~ Kerr County Road & Bridge 4010 San Antonio Hwy Kemille, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: March 15, 2007 RE: Ranches on Sunset Ridge, Pct. 3 This subdivision contains 246.13 acres and has 10 lots, with all lots being over 20 acres. The roads are to be built to Ken County standards for a Local Road to be maintained by the County. The road profiles and road drainage have been reviewed by Wayne Weils and Letter of Credit is in place to assure the roads are built. At this time everything seems to be in order, therefore I recommend this final plat be accepted as presented. Th sunset ridge TO: Len Odem, Ken County Subdivision Administrator FROM: L. Wayne Wells, P.E. DATE: February 13, 2007 SUBJECT: Invoice # 1 for Engineering Services for Review of the Ranches on Sunset Ridge Subdivision Submitted herewith is the above referenced invoice for my fees incurred on this subdivision through February 5, 2007. Professional: Includes review of plan and profile Construction Drawings obtained from Kerr Road and Bridge; cpordination with Engineer and Kerr County Road and Bridge; delivery of written continents to Engineer and Ker Road and Bridge; and invoicing 5.75 Hours @ $35.00 Per Hour = $ 201.25 Travel Time: 0.75 Hours @ $20.00 Per Hour = $ 15.00 Mileage: 12.0 Miles @ $0.485 Per Mile = 5.82 TOTAL (To Date ): $ 222.07 If you have any questions or require further information regarding this matter, please contact me. Sincerely, ~ ~ ,,~s~~~ ~~0 0-- ~ . L. Wayne Wells, P.E. APPROVED FEB I3 2UG~ ~ 5-(SOD-~15~ _ ~ :. ._ ,, ,h 3~ A-12$3)1 t 13 ~~ W ~. ,. - ~~ t~ ~_ ~ ffi. . ~.3`. eu. -~_-m _ _.. _ _ _ q. y >_ - - -> _--..~ r aW ~r iG1~7i Gilf%EQ Q1{~a~e l07 ~ Lw41(}iGN'[TE~ aQ Li11A SUbd'l1~a10II t~lralt~l FObIUaTY S~ Z.007, . Pxnfessioasl: laclud~rcvlew o€ptaa aad pcosle Qoastrvction Dtawtnpa oDtaine`~ from Kmt' Road and B e; coorAtnatioawrt6 Engineer and iGorr County Road Hnidgs; delr+ery of written contmanta to EtlRineer and Ker Road and 8ridge•, and ~twicu~g ~, ~~, 5.75 Hout• ®S3S.00 Yer Hour =Sam a °- Tr>~, ,. e Person(s) appearing before Commissioners Court; ~ 3 ~ ~. ~ ~ ~~ FL'~ 1 1. Final Plats are to be submitted to the Kerr County Road & Bridge Office, for Review twenty one (21) days prior to next Commissioner's Court Date.**r/~ .~,f Received by: ~ ` V,GZ{itr(/~~'~ 3 / S~~ D i ~,. ate 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. { ~ Amount Paid $ "~ . ~`-' Received by: i °~ ( ounty Clerks Offic Date 3. Kerr County Environmental Health ~T n~°9eptlC`~ermtt ~ ._~_% Fee Amount Paid $ ~~. Received by: {~~.~~1~ Aa_ k' i~y._S;,Yw~ c~ ~ Jr~G C _ Date r ** You must then COMPLETE this fomt and rettim it to the Ken County Road & Bridge Office Fifteen (15) days before Commissioner's Court Agenda Date. Herr County Subdivision Rules E Regulations Appendix -Page 13 ~d~d ~a~~ c~ ~~~rr~. Puc 313 CIAY SIIIFET. NEPIIVIILE TEAS J90TB. B3dFVJ-3313 DATE: March 5, 2007 MEMO TO: Len Odom FROM: Lee C. Voelkel SUBJECT: Ranches on Sunset Ridge Final Plat Submittal Len: Please schedule the final plat for the Ranches on Sunset Ridge for the March 25`h meeting of Commissioners Court. Today I am delivering to you the following: I. Ten (10) copies of the Final Plat 2. Letter of Credit 3. Declaration of Covenants 4. By-Laws 5. Board of Directors Consent 6. Copies of Tax Certificates (originals delivered to county clerk) Please let me know if you need additional information. T~h~anak~You. l,~l/ ~ ~ Lee C. Voelkel ° APPENDIX D LETTER OF CREDIT NO. 221 Check ora of the following: (X) Construction of Roads, Streets, and Alleyways ( ) Maintenance of Roads, Streets, and Alleyways ( ) Construction of Utilities, and/or Drainage in Ranches of Sunset Ridee (Name of Subdivision m Location) A DEPOSIT ON BEHALF OF Center Point Partners, LC. This is an irrevocable letter of credit issued to the County of Kerr, Texas, at the request of Kerr County Road and Bridge, in accordance with Chapter 5, V.T.C.A., Texas Business and Commerce Code. This Bank promised to pay to the order of Kerr County, Texas upon presentation of a sight draft, any amount not exceeding the cumulative total of $313,735 on or after Macch 26, 2007. °` This is not a notation credit, and Kerr County, Beneficiazy, shall be entitled to payment without the presentation of documents. In accordance with Section 5, 106 of the Texas Business and Commerce Code, this letter of credit may be modified by the reduction of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement making demand by the Subdivision Administrator of Kerr County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kerr County letterhead. This letter of credit shall expire on March 26, 2009. IN WTfNESS WHEREOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this 26th day of Februazy, 2007. ISSUER: Crockett National Bank Harvey Engineering (;onsulting Civil F.njineers & Land Surveyors I Y C:I.ty tiLrrrt Kr rn ille. I'extia 7Y028 Office Fas r-mail (R3(Il 2:i7 `LR(i4 (830) Y37-:312Y harvev75~+'ktc. cr nn Opinion of Probable Construction U>,t - Fehmary 7, 2W7 No. Item Descripri~n himtit Unir (hit Price Total Am4un3 Road tg~provcmems 1. Righr•ot=Way Clearing & rmbbing 2. Road Excavation }. Road CmnpacleJ Embankment 4. 6" Conditioned Subgrade (24' wide) S, R" Flexible Base (24' wide) 6. Prime Coat (2l' wide) 7. 2 Course Surface Treatment (2U' wide) 8. "Speed Limn 30" Sign & Pole together with "No Outlet" Sign 9. "Stnli' Sign R Pule together with hvo Reflective "Street Name" Signs 10. "Stop Ahead" Sign Re Pole 11. "Road Ends 500 Feet" Sign & Pole A AC S 8}5 00 $ 6,CiR0.U0 2,705 CY S RAO $ 29,640.00 2,893 CY $ 5.00 $ I4,46S.00 15,529 Sl' $ 1.00 $ 15,529.00 15,413 SS' $ 7.00 S 107,891.00 14,154 SY $ 1.00 $ 14,154.00 12,R9b SY $ 3.50 $ 45,136.00 1 EA $ 375.00 $ 375.00 1 EA S 525,00 $ 525.00 1 EA S 275.00 $ 275.00 1 F:A $ 275.00 $ 275.00 Road Improvements 5uh-Total $ 234,945.00 Drainaee Improvements I. IR" Corrugated Metal Pipe 36 FT $ 40.00 $ 1,440A0 2. Culvert Concrete headwall L20 CY $ 62D.W S 744.00 }, Culvert Headwall Reflective Uehnculur 2 EA S 75.00 $ 150.110 4. Concrete Pnvemeat Overflow Section 2U CY S 380.00 $ 7,600.W 5. Flow Depth Gauge for Overflow Section I GA $ 475.W $ 475.W 6. OSHA Trench Gxcavatinn Pmtcctiun 36 I'i' $ 3.50 $ 126_W Drainage Improvements Soh=Total S lQS_35.p0 Yliscnllaneous Improvements 1. Silt Fence 5,740 Ff $ 2,50 $ 14,3SO.W 2. SU' a 30' Stabilized Construction Envnnce Iti7 SY $ IS.W $ 2,505.00 3. Cnnsnuetion Testing 1 LS S 6,5f><).W $ 6500.00 4. Consmtcliun Staking. 1 LS S 7,SW.W $ 7.500.W 5. Hands and Insurance 1 LS $ 9,7W.W $ 9,7(ril.W G. Contingency Allowance to he used only t LS $ 27,7W.OU S 27,700.00 a[ the direebnn of the G~~+sa'~,e„yv.. F, ~;,Y.'s ~fr ;;~^'~ ~'b~ Msccllanrous Imp~ove mcnn Sub Toml X GJ.255.00 ~ ~'• '~' %try '~~~{s~ TOTAJ. B 313,775.00 .i: ~ ~zt ~,~ G. L. H ~1( ~ ' °' ~, °a 1 ~ ~~~ f »~ < >. . _ --- UNANIMOUS CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF BOARD OF DIRECTORS OF RANCHES ON SUNSET RIDGE HOMEOWNERS' ASSOCIATION We, the undersigned Directors of Ranches on Sunset Ridge Homeowners' Association (the "HOA") do hereby acknowledge our unanimous consent to the following resolutions. Resolve, that the Company adopt the Bylaws attached hereto as the Bylaws of the HOA and the President and Secretary are directed to sign same and place them in the HOA records. Resolve, that Chet Morrison is appointed as President of the HOA, Ray Head as Vice-President, and Robert B. Moore as Secretary/Treasurer and each of them accepts such appointment. Resolve, that the budget attached hereto for the remainder of calendar year 2007, is hereby adopted as the 2007 Budget of the HOA. Dated this2.L day of bc\6?cvzc.,~ , 2007. ~i Chet Morrison Ray ead Robet t B. Moore P:\docs\Wmk\Morrch.103\Unanimous Consent in Lieu of Organizational Meeting.doc From:VOELKEL EM1luINEEkING 8302573377 2007~03i15 14:11 X124 P.007/007 .:' RC~CKETT , ATIONAL BANK DATE: March t, 2007 MEMO TO: Ken County Commissioners Court FROM: Blake$ehrens, Vice President Crockett.National Bank SUBJECT: Ranches on Sunset Ridge Commissioners; Crockett Natlona( Bank has a lien on 244,99 acres of land convcycd from Richard E. Bohnett, et ux to Chet Morison, ct al by a Warranty Deed with Vendor's Lien recorded in Volume 1577 at Aage 637 of the Property Records of Kerr County, Texas. We are aware that this property is being subdivided into ten (!0) twenty plus acre tracts,and platted in Karr County under the name Ranches on Sunset Ridge. We concur with and accept.the,d'iv.~sion of this property, BY: 5ignab 502 S. Koenigheim Hwy. 1G9 & First Sccecc San Mgelo, Tczas 7G')03 jt~,~ all in holy OCl are treated Ozona, ~tzas 76943 -- 325.658.6714 Y ' 325.992.3745 800.588.6714 800.5bg.3745 BY-LAWS OF RANCHES ON SUNSET RIDGE HOMEOWNERS' ASSOCIATION ARTICLE I OFFICES Section 1 -Principal Office The principal office of RANCHES ON SUNSET RIDGE HOMEOWNERS' ASSOCIATION, (herein sometimes called "Corporation" or "Association") in the State of Texas shall be located at 4210 Spicewood Springs Road, Suite 211, Austin, Texas 78759. The Corporation may have other offices, either within or without the State of Texas, as the Board of Directors may determine or as the affairs of the Corporation may require from time to time. Section 2 -Registered Office and Registered Agent --- The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act. The registered office maybe, but need not be, identical with the principal office of the Corporation in the State of Texas, and the address of the registered office may be changed from time to time by the Boazd of Directors. ARTICLE II MEMBERS Membership in this Association shall be as follows: All Owners of Lots in the Property as those terms are defined in the Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge filed in Volume ,Page , of the Official Records of Kerr County, Texas, (hereinafter referred to as the "Covenants"), shall automatically become members of the Association upon becoming Owners and shall continue to be members as long as they are Owners. The Declarant (as defined in the "Covenants"), is also a Member. The Declarant shall continue to be a Member as long as the Declarant is an Owner of any portion of the Property. Members shall be liable to [he Association for Assessments as are provided for in the Covenants. The Board shall be authorized to take such actions, including filing suit, to collect any past due Assessments. By-Laws Page 1 ARTICLE III MEETINGS OF MEMBERS Section 1 -Annual Meetins An annual meeting of the Members shall be held at a time and place designated by the Board of Directors with no less than ten (10) days notice. Section 2 -Special Meetings Special meetings of the membership of this Association shall be called upon written request signed by Members owning at least fifty percent (50%) of the voting rights in the Association. Section 3 -Notices of Meetings Except as otherwise provided in these By-Laws, written or printed notice stating the place, day and hour of any meeting ofthe Members shall be delivered, either personally or by mail, to each Member entitled to vote at such meeting, not less than ten (10) nor more than fifty (50) days before the date of such meeting, by or at the direction of the President, or the Board of Directors. In case of a special meeting or when required by statute or these By-Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. if mailed the notice of the meeting shall be deemed '- to be delivered when deposited in the United States mail addressed to the Member at his address as it appears on the records of the Corporation, with postage thereon prepaid. Section 4 -Actions Without Meeting Any action required by law to be taken at a meeting of the Members or any action which may be taken at a meeting of the Members may be taken without a meeting, if a consent in writing, setting forth the action so taken, shall be signed by all of the Members entitled to vote with respect to the subject matter thereof. Section 5 -Quorum The Members holding twenty-five percent (25%) of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of Members, a majority of the Members present may adjourn the meeting from time to time without further notice. Section 6 -Proxies At any meeting of Members, a Member entitled to vote may vote by proxy executed in writing by the Member or by his duly authorized attorney-in-fact. No proxy shall be valid after By-Laws Page 2 eleven (11) months from the date of its execution. Section 7 -Votive On any issue to be decided by vote of the Members, there shall be a total often (10) votes eligible to be cast. The Owners of each of the ten (10) Lots shall have one (1) vote. For example, there are ten (10) Lots in the Property. If a Member owns three (3) Lots, such Member would be entitled to cast three (3) votes. Cumulative voting shall not be allowed. ARTICLE IV BOARD OF DIRECTORS Section 1 -Composition and Authority of Boazd The affairs of the Corporation shall be managed by the Board of Directors. The Board of Directors shall consist of three (3) persons. Each Director must be an Owner or a person having an ownership interest in an Owner. Section 2 -Terms of Office Each Director shall be elected for a term of one (1) yeaz or until his successor is duly chosen. If a Director dies, resigns or is removed, his successor shall be selected by the remaining Directors and shall serve for the unexpired term of the Director he replaces. Section 3 -Election Procedure Directors shall be chosen at the annual meeting of the Members of the Corporation. Voting shall be as provided in Article III, Section 7 above. Cumulative voting shall not be permitted. Each Director shall hold office until a successor is elected and qualified. A Director may be elected to succeed himself or herself as Director. Section 4 - Meetines of the Board of Directors Regular meetings of the Board of Directors shall be held at such times and places as the Board shall determine. Special meetings of the Board of Directors of this Association shall be called by a majority of the Board of Directors. Special meetings shall not convene prior to seventy-two (72) hours after the Secretary has given notice of such special meetings. By-Laws Page 3 Section 5 - Ouorum Two (2) Directors shall constitute a quorum of the Board of Directors. Section 6 -Duties of Directors It shall be the duty of the Board of Directors to conduct all affairs of this Association; to control and supervise the handling of all funds and property; to cause a complete record to be kept of all meetings and acts; to carry out the purposes for which the Association was formed and to make Assessments as provided in the Covenants. ARTICLE V OFFICERS Section 1 -Officers The officers of the Corporation shall be a President, one or more Vice-Presidents, a Secretary, and a Treasurer, and such other officers as may be elected in accordance with the provisions of this Article. The Boazd of Directors may elect or appoint such other officers, including one or more Assistant Secretazies and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any person may hold more than one office at a given time. An officer may succeed himself in the same office. Section 2 -Election of Officers The officers of the Corporation shall serve at the pleasure of the Board of Directors. Section 3 -President The President shall be the principal executive officer of the Corporation and shall in general supervise and control all of the business and affairs of the Corporation. He shall preside at all meetings of the Members and of the Board of Directors, and in general he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. Section 4 -Vice Presidents The Vice President shall serve as President in the President's absence and shall perform all functions of the President at such times as the President is unavailable to act. The Vice-President shall perform such other duties as shall be delegated to him by the President or the Board of Directors. By-Laws Page 4 Section 5 -Treasurer The Treasurer shall have chazge and custody of and be responsible for all funds and securities of the Corporation; receive and give receipts for moneys due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Boazd of Directors, and in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Section 6 - Secretary The Secretary shall keep the minutes of the meetings of the Members and of the Boazd of Directors in one or more books provided for that purpose; give all notices in accordance with the provisions of these Bylaws, or as required by law; be custodian of the corporate records; keep a register of the post-office address of each Member which shall be furnished to the Secretary by each Member; and, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. Section 7 -Assistant Treasurer and Assistant Secretary Any Assistant Treasurer and any Assistant Secretary in general shall perform such duties as ~" shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors. ARTICLE VI CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Section 1 -Authority of Officers The Board of Directors may authorize any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these By-Laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation. Such authority may be general or confined to specific instances. Section 2 -Negotiable Instruments All checks, drafts, or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Boazd of Directors, such instruments shall be signed by the Treasurer or an Assistant Treasurer and By-Laws Page 5 countersigned by the President or aVice-President of the Corporation. Section 3 - Denositories All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 4 -Contributions. Gifts, Bequests and Devises The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation. ARTICLE VII CERTIFICATE OF MEMBERSHIP Section I -Certificates The Board of Directors may provide for the issuance of certificates evidencing membership in the Corporation, which shall be in such form as may be determined by the Board. Such certificates shall be signed by the President or aVice-President and by the Secretary or an Assistant "` Secretary. All certificates evidencing membership of any class shall be consecutively numbered. The name and address of each Member and the date of issuance of the certificate shall be entered on the records of the Corporation. If any certificate shall become lost, mutilated, or destroyed, a new certificate may be issued therefor on such terms and conditions as the Boazd of Directors may determine. ARTICLE VIII BOOKS AND RECORDS Section 1 -Books and Records The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Members, Board of Directors, and committees having any of the authority of the Board of Directors, and shall keep at the registered or principal office a record giving the names and addresses of the Members entitled to vote. All books and records of the Corporation may be inspected by any Member or his agent or attorney for any proper purpose at any reasonable time. By-Laws Page 6 ARTICLE IX FISCAL YEAR Section 1 -Fiscal Year The fiscal year of the Corporation shall begin on the first (1 s`) day of January and end on the last day in December in each year. ARTICLE X AMENDMENTS Section 1 -Procedure These By-Laws maybe amended by the affirmative vote of Members entitled to cast at least two-thirds (2/3) of the votes. Any vote to amend these By-Laws must be taken at a general or special meeting of the Members after distributing to the membership at least twenty-one (21) days before such meeting a notice of the proposed amendments. ARTICLE XI WAIVER OF NOTICE Section 1 -Effect of Waiver Whenever any notice is required to be given under the provisions of the Texas Non-Profit Corporation Act or under the provisions of the Certificate of Formation or the By-Laws of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ADOPTED this 2~' day of ~G~~~ , 2007. Secretary A R D: C President P'\docs\WmkUNorrch.103\Bylaws Ranches on Sunset Ridge Homeowners' Association.doc By-Laws Page 7 Issue Date :2/28/2007 TAX CERTIFICATE ~_ --~ ------ T__ ®__~-_------------ - _ ___ -- _. .Diane Bolin Assessor-Collector IUV IVIOIII JIICCI, JIC. IL4 County Courthouse °" Kerrville, TX 78028 I Ph: (830)792-2243 Fax: (830)792-2253 This certificate includes tax years up to 2006 Entities to which this certificate applies: GKR -Kerr County RLT -Lateral Roads UGR -Upper Guadalupe River Authority WHU -Headwaters Groundwater Conservation District Property Information' -- owner Information Property ID :0192-0033-001210 Owner ID :0571771 Quick-Ref ID : R70013 Value Information BOHNERT, RICHARD E & Land HS $0.00 gOHNERT, HENRY F 255 WILSON CREEK RD 255 Land NHS $0.00 PO BOX 1221 WILSON CREEK RD Imp HS $0.00 COMFORT, TX 78013 Imp NHS $0.00 A0192 HOWARD, SUR 33, Ag Mkt $2,278,941.00 Ownership: 100.00% ACRES 410.62 Ag Use $25,262.00 II Tim Mkt $0.00 Tim Use $0.00 i HS Cap Adj $0.00 Assessed $25,262.00 Suit Information: Chet Morrison I ... Document is to certify that after a careful check of the Tax Records of this Office, the following Current or Delinquent Taxes, Penalties, and Interest are on the Property for She Taxing Entities described above: Entity Year:-- 7ak' Discount P&t Atty Fee- TOTAL GKR 2006 90.81 0.00 0.00 0.00 0 00 RLT 2006 7.81 0.00 0.00 0.00 0.00 UGR 2006 6.95 0.00 0.00 0.00 0.00 ' WHU 2006 2.22 0.00 0.00 0.00 0.00 Total for current bills if paid by 2/28/2007: $0.00 ' Total due on all bills 2I28f2007 : $0.00 THIS LAND HAS BEEN CLAIMED 2006 taxes paid for entity GKR $90.61 FOR P,GRICULTURAL USE UNDER 2006 taxes paid for entity RLT $7.81 j ARTICLE V!I! SECTION 1-d•1 2006 taxes paid for entity UGR $6.95 2006 taxes paid for entity WHU $2.22 ~ AlVO f$ SUOJECT TO VALUATION 2006 Total Taxes Paid : $107.59 AD1USTiv1ENi AND ADDIifONAL FAX Iftl EVENT OF CONVERSION TO 07HER USE i i If applicable, the above-described property is receiving special valuation based on its use. Additional rollback taxes that may become tlue based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defned in Section 11 43, Paragraph (i) of the Texas Property Tax Code. ~ ._ Date of Issue 02/28/2007 ~J/~o ~ Requestor BOHNERT, RICHARD E &, %~// ~, ,, , e Cj Ref. Number 2007-28920-KERR 4 (~ (~/~ Fee Paid $20.00 Signatur of Authorize Officer the Tax Office Payer Chet Morrison ©2003 Tyler Technologies, Inc. Page 1 of 1 Through Tax Year TAX CERTIFICATE Certificate# 2006 9394 Issued By: Kerrville Independent School District Tax Office Property Information 329 Earl Garrett Property ID: 70013 Geo ID: 0192-0033-001210 --Kerrville, TX 78028 -Legal Acres: 410.6200 legal Desc: 80192 HOWARD, SUR 33, ACRES 410.62 Situs: DBA: Exemptions: Owner ID: 614314 100.00% BOHNERT, RICHARD E & BOHNERT, HENRY F PO BOX 1221 COMFORT, TX 78013 Fot Entities. Value Information Cenlerpoini ISD Improvement HS: 0 Improvement NHS: 0 Land HS: 0 Land NHS: 0 Producivity Market: 2,278,941 Productivity Use: 25,262 .Assessed Value 25,262 Property is receiving-Ag Use Current/Qelingtaent Taxes This document is to certify, that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above. Year Entity ;. Taxable Tax ~~' Disc:lFBl Attorney Fee Tota! Due Totals: 0.00 0.00 0.00 0.00 Effective Date: 02/28/2007 Tax Certificate Issued for: Centerpoint ISD Taxes Paid in 2006 354.93 Total Due if paid by: 02/28/2007 0.00 If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. .1is certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code. May Be Subject to Court osts if Suit is Pending /I / / v G/ / ~ i Date of Issue: 02/28/2007 Requested By: BOHNERT, RICHARD E & Fee Amount: 10.00 Reference #: Signature of Authorized Officer of Collecting Office Page: 7 OF i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RANCHES ON SUNSET RIDGE THE STATE OF TEXAS COUNTY OF BELL WHEREAS, Robert B. Moore, Ray Head, Chet Morrison, Real Estate Matters, L.C., Jimmy Elliott, William W. Ranck, Jr., Ranck Trust I dated May 10, 1991, and Tom Mullikin (herein collectively called "Declarant") aze the Owners of a certain tract or parcel of land in Kerr County, Texas, described as follows: Being all of a certain tract or pazcel of land containing 246.99 acres, more or less, out of George T. Howard Survey No. 33, Abstract No. 192 in Kerr County, Texas; part of a certain 442.03 acre tract -- conveyed from Northpoint Investors, Ltd. to Richard Bohnert and Henry F. Bohnert by a Warranty Deed with Vendor's Lien executed the 9th day of July, 2004, and recorded in Volume 1371 at Page 200 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at fence cornerpost marked with a found %" iron stake in the south line of a certain 37 acre tract conveyed from Chester Paul Heinen, et ux. to Charles Chester Heinen by a Warranty Deed with Vendor's Lien executed the 28th day ofDecember, 1973, and recorded in Volume 169 at Page 643 of the Deed Records of Kerr County, Texas for the northwest corner of the herein described tract, said 442.03 acre tract and said Survey No. 33 and the northeast comer of a certain 125.00 acre tract conveyed from Carl Jeter to Rudolph Aue, III by a Warranty executed the 1st day of March, 2002, and recorded in Volume 1175 at Page 459 of the Real Property Records of Kerr County, Texas; THENCE, along or near a fence with the common line between said 442.03 and 37 acre tracts N. 89°46'21"E., 1457.14 fr. to a fence cornerpost with 60 "d" nail in top for the northeast corner of the Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 1 _. herein described tract and 442.03 acre tract and the northwest corner of a certain 271 %z acre tract conveyed from Anton Bohnert, et ux. to LeRoy Bohnert by a Warranty Deed executed the 215` day of April, 1949, and recorded in Volume 86 at Page 47 of the Deed Records of Kerr County, Texas; THENCE, along or near a fence with the common line between 442.03 and 271 '/z acre tracts 5.00°27'29"E., 7126.0 ft. passing a fence cornerpost on the north side of Wilson Creek Road (formerly known as Roane Road), a forty (40) ft. wide public road easement (Ref: Vol. 2, Pg. 306, Easement Records), then continuing not along a fence for a total distance of 7151.87 ft. to a''/z" iron stake set in the center of Wilson Creek Road for the southeast corner of the herein described tract; THENCE, upon, over and across said 442.03 acre tract with the said center of Wilson Creek Road: 5.53°59' 10"W., 323.22 ft, to a %z"iron stake set at a road angle: 5.82°35'27"W., 904.42 ft. to a'/="iron stake set at a road angle; 5.56°38' 12"W., 65.47 ft. to a %z" iron stake set at a road angle; and 5.38°47'39"W., 289.95 ft. to a set''/z" iron stake; THENCE, continuing upon, over and across said 442.03 acre tract 5.81°09'02"W., at 32.8 ft. passing a fence cornerpost on the northwest side of Wilson Creek Road, then continuing along a fence for a total distance of 47.57 ft. to a fence cornerpost marked with a ''/z" iron stake in the common line between said 442.03 and 125.00 acre tracts for the southwest corner of the herein described tract; THENCE, along a fence with the said common line between 442.03 and 125 acre tracts: N.00°33'29"W., 989.60 ft. to a fence anglepost marked with afound'/z" iron stake; N.00°35'07"W., 1243.64 ft. to a fence anglepost marked with afound'/z" iron stake; N.00°26'40"W., 881.86 ft. to a fence anglepost mazked with a found 'h" iron stake; and N.00°32'27"W., 4607.09 ft. to the PLACE OF BEGINNING; SAVE AND SUBJECT TO the Rights ofthe Grantor, his heirs and/or assigns to the perpetual and uninterrupted use for road purposes a thirty (30) ft. wide strip of land, the north one-half of a sixty (60) ft. wide road easement along and abutting the south line of the herein described tract for its entire length; (herein called the "Property"); AND, WHEREAS, the Declazant has designated and appointed Center Point Partners, L.C Declaration of Covenants, Conditions and Restrictions far Ranches on Sunset Ridge Page 2 ._ a Texas Limited Liability Company, as its agent and attorney-in-fact in all things in dealing with the Property; AND, WHEREAS, the Declarant desires to create and carryout a uniform plan for the improvement, development and sale of the Property for the benefit of the present and future Owners of the Property; AND, WHEREAS, the Declarant has subdivided the Property into ten (10) Lots (herein collectively called the "Lots") designated as Lots 1 through 10 of the Ranches on Sunset Ridge Subdivision according to the Plat or Map of record in Vol. _, Page , of the Real Property Records of Kerr County, Texas.; and NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, that it is hereby declared that (i) all of the Property shall be held, sold, conveyed and occupied subject to the °° following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and same shall be binding on all parties having any right, title or interest in or to the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof; and (ii) each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out or referred to in said contract or deed. ...- Declaration or Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 3 ._.. ARTICLE I DEFINITIONS 1.01 Certificate of Formation. The Certificate of Formation for Ranches on Sunset Ridge Homeowners Association as filed with the Texas Secretary of State, as amended from time to time according to the provisions thereof. 1.02 Association. Shall mean and refer to Ranches on Sunset Ridge Homeowners Association, a Texas non-profit corporation, its successors and assigns, which shall be formed by the Declarant. 1.03 Board. Shall refer to the Board of Directors of the Association. 1.04 By-Laws. Shall be the By-Laws of the Ranches on Sunset Ridge Homeowners Association as amended from time to time according to the provisions thereof. 1.05 Common Area. Shall mean all real property owned by the Association for the common use and enjoyment of the Owners. 1.06 Declarant. Shall mean and refer to Robert B. Moore, Ray Head, Chet Morrison, Real Estate Matters, L.C., Jimmy Elliott, William W. Ranck, Jr., Ranck Trust I dated May 10, 1991, and ---- Tom Mullikin, acting by and through their agent and attorney-in-fact, Center Point Partners, L.C., its successors and assigns. 1.07 Declaration. Shall mean this Declaration of Covenants, Conditions and Restrictions for the Property, as same may from time to time be amended. 1.08 Architectural Control Committee. Architectural Control Committee (AACC@) shall be the committee appointed by the Declarant pursuant to this Declaration, and its successors and assigns. 1.09 Pro a .Shall mean and refer to that certain real property described on Exhibit AA. @ 1.10 Owners .Shall mean and refer to the record Owner, whether one or more persons or entities, of equitable title (or legal title if same has merged) of any Lot. The foregoing does not include any persons or entities that hold an interest in any Lot merely as a security for the performance of an obligation, except as stated otherwise herein. Owner shall not include a lessee or tenant of an Owner. The term Owner shall not include a developer, who for this Declaration shall be defined as a builder, contractor, investor, or other person or entity who purchases a Lot in Ranches on Sunset Ridge for the purpose of resale to a public purchaser, or for the purpose of constructing improvements thereon for resale to a public purchaser. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 4 1.11 Sinele Family Residence. Shall refer to a structure containing one dwelling unit only and not occupied by more than one family. 1.12 Lot. Shall mean those parcels of real property identified as individual Lots on the Plat of Ranches on Sunset Ridge Subdivision filed of record as Document Number in the Office of the Ken County Clerk. 1.13 Public Purchaser. Shall mean any person or legal entity who becomes an Owner of any Lot within Ranches on Sunset Ridge. 1.14 Visible from NeiEhborinQ Property. Shall mean, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation not greater than the elevation of the base of the object being viewed. ARTICLE II GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions: ~., 2.01 A. Land Use (a) All Lots are limited to single-family residential use. No more than one (1), single-family residence and one (1) guest house maybe located on any Lot. No Lot shall be used for retail or commercial purposes which are open to the general public. This shall not exclude home businesses that do not cater to drive up customers. (b) Any single story residential dwelling constructed on any Lot must have a floor area of not less than two thousand (2,000) square feet, exclusive of open or screened porches, terraces, patios, driveways, carports and garages. Any multi-story residential dwelling must have a floor area of not less than twenty Five hundred (2,500) square feet exclusive of open or screened porches, terraces, patios, driveways, carports and garages. If the building is set on piers, it shall be skirted before being inhabited. The use of shrubs or landscaping shall not be acceptable as a skirting device or method. The exterior of the dwellings shall be of new materials consisting of at least seventy five percent (75%), masonry or its equivalent. No manufactured homes of any type will be allowed. No front entry garages will be allowed. Detached garages shall consist of at least seventy five percent (75%) masonry or its equivalent. Shop buildings may be of steel or metal construction. (c) The renting of space to campers, recreational vehicles, trailers or other units Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 5 ---• for occupancy or storage is considered commercial operation for purposes of these restrictions and is not allowed. (d) All liquid propane tanks will be properly screened with plant materials or buried so they cannot be seen from Mira Vista Drive or an adjoining property. B. Buildin¢ Location Residences and buildings shall be situated on each Lot no nearer than one hundred feet (100') from the property line along the Mira Vista Drive fronting such Lot and no nearer than one hundred feet (100') to any side property lines. Also, for these purposes, porches, stoops, bays and covered areas are considered a part of the building. C. Temporary Structures No freestanding structure of a temporary character, trailer, basement, tent, shack, garage or other outbuilding, shall be used on any Lot at any time as a residence, either temporarily or permanently, except as specifically provided herein. Outbuildings shall be permitted if constructed of material comparable to and compatible with the dwelling located on such Lot. The Owner of each Lot may use such Lot for vacation or recreational use. The Owner may place a trailer, camper or other operational recreational vehicle on such Lot and -° use same as a dwelling for a period of time not to exceed three (3) months out of any one (1) calendar year. D. Swimmine Poots Only in-ground swimming pools shall be placed, installed, constructed or maintained on any Lot, or any portion thereof. Portable or permanent above-ground swimming pools are prohibited. Notwithstanding the foregoing, inflatable or solid plastic children's pools not exceeding six (6) feet in diameter and eighteen (18) inches in height shall be permitted on Lots on a temporary basis when in use. Smaller, prefabricated, installed above-ground spas or hot tubs are permitted only if they are an integrated part of a deck system. Above-ground spas or hot tubs, visible from public view or from other Lots must be skirted, decked, screened or landscaped to hide all plumbing, heaters, pumps, filters and other equipment. E. Li~htin¢ No exterior lighting shall be installed or maintained that is found to be objectionable, and upon notice that the HOA has determined that such lighting is objectionable, such lighting shall be removed or modified in such a manner so that it is no longer objectionable to surrounding Owners. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 6 _.. F. Sewa¢e Disposal No outside toilets shall be permitted. Installation of septic tanks and soil absorption sewage disposal systems shall be in accordance with the minimum recommendations required by the State of Texas and/or the County of Kerr. G. Garbaee And Refuse Disposal (a) Each Lot shall be maintained in a clean, neat and attractive condition. No Lot shall be used or maintained as a dumping ground for rubbish or trash. Trash, garbage and other waste shall not be kept on any Lot except in sanitary containers. (b) Each Lot Owner shall be responsible for disposing of all his trash, garbage and rubbish in a sanitary manner and in a location provided for that purpose by a local government authority. All other equipment for the storage and disposal of trash, garbage and rubbish shall be kept in a clean and sanitary condition. (c) No trash, ashes or other refuse maybe deposited on any portion of the Property. H. Further Subdivision No Lot with frontage or access onto the Mira Vista Drive maybe further subdivided. I. Mailboxes All mailboxes on the Lots shall be set back from the edge of the street pavement a minimum of eighteen inches (18"), and a concrete pad shall be between the mailbox and the street pavement extending from the mailbox to the driveway unless the HOA approves otherwise. All mailboxes must be constructed of one hundred percent (100%) masonry or its equivalent. J. Underground Utility Lines All utility lines, including but without limitation, pipes, wires, cables or other devices for water, wastewater, gas, the communication or transmission of telephone, electricity, power, cable television, electronic data or any other type of utility service, shall be installed, located and maintained underground and contained in pipes, conduits or cables installed and maintained underground, or subj ect to the approval of the HOA may be concealed in, under or on buildings or other structures; provided the foregoing shall not be deemed to prohibit the erection of temporary power or telephone lines during the construction ofthe dwelling upon Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 7 --- the Lot. K. Drivewavs All driveways leading onto Lots from Mira Vista Drive shall be constructed of the same or similar material as has been used in the construction of Mira Vista Drive. L. NUISANCES No obnoxious or offensive activities shall be carried out or upon any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance in the neighborhood. A "nuisance" shall include, but not be limited to, noise pollution, for example, excessively barking dogs, loud music, or other loud noises caused by other animal or fowl. M. HUNTING No hunting of any type will be allowed on any of the Lots. Additionally, no discharge of any firearms is allowed. N. SIGNS AND SALES PROGRAMS No signs of any kind shall be displayed for public view on any Lot excepting that one professional sign of not more than three (3) square foot in size, one sign of not more than thirty-two (32) square foot advertising the property for sale or rent, a sign of similar dimensions used by a builder to advertise the property during construction and sale period may be permitted. O. LIVESTOCK AND POULTRY Animals, livestock, emu, ostrich, or poultry maybe kept, bred and maintained on any Lat under the following conditions: (a) All horses, cattle or other livestock shall be kept enclosed on the Lot by suitable fencing of such Lot. (b) No swine, goats or sheep may be bred, kept or maintained on any Lot, except for personal consumption and/or show competition. (c) No chickens, turkeys, peacocks, guinea or other poultry may be bred, kept or raised on any Lot, except for personal consumption and/or show Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 8 competition. No poultry or fowl may be kept on any Lot for the purpose of gaming or fighting. (d) Though horses are permitted on the Property, public stables are not permitted. (e) Though cattle are permitted on the Property, feed lots are not permitted. (f) Though dogs are permitted on the Property, commercial dog breeding operations are not permitted. (g) Each Lot shall be maintained in such a manner as to prevent health hazards and shall not be offensive to the neighboring Lots. (h) There shall be no more than one animal unit per two (2) acres of land owned. (i) When a pet is off the property of the Owner, it must be under the control of the Owner. P. UNFINISHED STRUCTURES No structure shall remain unfinished for more than eighteen (18) months after construction is commenced. Q. INOPERATIVE VEHICLES (a) No junk, wrecking or auto storage shall be located on any Lot. No discarded, abandoned, unlicensed or inoperative automobile, other vehicle or trailer shall be kept, stored or permitted to remain on any Lot unless stored in a garage or shop and out of plain sight. A vehicle shall be considered inoperative if it has not been moved under its own power for more than thirty (30) days. All vehicles on any Lot, other than those stored out of sight, must have a current license tag and a current state inspection sticker. (b) No truck, bus, motor home, recreational vehicle, boat or trailor shall be parked on Mira Vista Drive in front of any Lot except for construction and repair equipment while a residence is being built or repaired thereon. Personal campers, boats, tractors, trailers, recreational vehicles, etc. in good and usable condition maybe kept on the Property as long as they are screened from the sight of other property Owners. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 9 ll- R. DISEASED TREES If any Lot contains trees or other vegetation that are infected or diseased, the Owner of such Lot must immediately notify adjoining neighbors and the Board and use all reasonable efforts to remedy and control such disease so as to prevent it from spreading to other Lots. S. MINERAL PRODUCTION No oil or gas drilling, oil or gas operations or quarrying or mining operations of any kind will be permitted on any Lot except by directional drilling from a surface location other than the Property. T. OWNER'S OBLIGATION TO REPAIR Each Owner shall, at such Owner's sole cost and expense, repair and maintain Owner's residence and other buildings on his Lot, keeping the same in a condition comparable to the condition of such building at the time of its initial construction or placement on subject property, excepting normal wear and tear. ARTICLE III HOMEOWNERS ASSOCIATION 3.01 Homeowners Association (a) The Developer has organized Ranches on Sunset Ridge Homeowners Association, a Texas Non-Profit Corporation (the "HOA").The purposes of the HOA are (i) to administer and enforce these Restrictions; (ii) to provide for the upkeep and maintenance of the entry area and mail box facility; (iii) to make and collect Assessments for the payment of expenses of the HOA, including, but not necessarily limited to (a) costs of maintaining Mira Vista Drive; (b) Ad Valorem taxes assessed against the property of the HOA; (c) liability insurance associated with the property of the HOA; and (d) costs, including attorney's fees and other costs of litigation to administer and enforce the Restrictions and other activities of the HOA. (b) Each Owner of a Lot shall be a Member of the HOA. There is one membership for each Lot, and in those instances where a Lot is owned by more than one party, the multiple Owners of such Lot shall designate a representative to vote on their behalf on all matters that come before the Members for vote. The voting rights of each Member are set forth in the Bylaws of the HOA that have been adopted by the Declarant. (c) The HOA is empowered to assess its Members for the purposes of the HOA. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 10 --- The Board of Directors of the HOA (the "Board") shall establish a fund (the "Maintenance Fund") into which shall be deposited all monies paid to the HOA and from which disbursements shall be made for the purposes of the HOA. (d) Prior to the beginning of each calendaz year, the Board shall estimate the expenses to be incurred by the Association during such year for the purposes of the HOA,including a reasonable provision for contingencies and appropriate reserves and shall levy an annual Assessment. If the sums collected prove inadequate for any reason, including non-payment by any individual Member, the HOA may, at any time, and from time to time, increase the amount of the annual Assessment as necessary. (e) All annual Assessments shall be due on or before January 31st of each year, and shall be deemed late if not received by the HOA by the tenth (1 Ot") day of the month following such due date. (f) All Assessments made by the HOA shall be divided among the Owners of the Property, pro rata, in the proportion that the number of Lots owned by each Member bears to the total number of Lots in the Property. (g) All Assessments, if not timely paid as specified herein, shall be deemed delinquent and in default. The amount of any delinquent Assessment, a late fee of $25.00, plus interest on the amount of the Assessment at the per annum rate often percent (10%) and all costs of collection, including attorney' fees, shall be the personal obligation of the Member and shall be secured by a lien on the Member's Lot. No Owner may waive or otherwise escape liability for any Assessment by abandonment of his or her Lot. A certificate executed and acknowledged by the Board stating the indebtedness secured by such lien shall be conclusive upon the HOA as to the amount of such indebtedness as of the date of the certificate, in favor of all Persons who rely thereon in good faith, and such certificate shall be furnished to any Owner upon request at a reasonable fee. Each Owner, by his assertion of title or claim of Ownership or by his acceptance of a deed or ground lease to any portion of the Property, whether or not it shall be so recited in such deed or ground lease, shall conclusively grant to, and does hereby grant to the HOA and its agents the right, power and authority to take all action which the HOA shall deem proper for the collection of Assessments and charges and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the HOA in a like manner as a mortgage or deed of trust lien foreclosure on real property, and such Owner expressly grants to the HOA a power of sale and non-judicial foreclosure in connection with said lien. The lien created hereunder shall be considered a contract lien and shall be governed by the terms and provisions of Section 51.002 of the Texas Property Code. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 11 ._. No Owner shall be permitted to convey, mortgage, grant a deed of trust, pledge, sell or lease any portion of the Property unless and until such Owner has paid in full to the HOA all unpaid Assessments theretofore assessed against such Owner, and until such Owner has satisfied all unpaid liens against his portion of the Property, all unpaid Assessments against the seller shall first be paid from the proceeds of the sale or by the purchaser in preference to any other assessments, liens or charges of whatever nature except amounts due under a Mortgage duly recorded prior to the date of the unpaid Assessment. Each Owner who causes a mortgage or deed of trust lien to be placed upon his Lot shall notify the HOA, in writing, of the name and address of the holder of such mortgage or deed of trust. Notwithstanding any other provision of these Restrictions, no lien created herein shall defeat or render invalid the rights of the Beneficiary under any recorded Mortgage of first and senior priority now or hereafter given upon any portion of the Property made in good faith and for value. However, after a foreclosure or a conveyance in lieu of foreclosure, such portion of the Property shall remain subject to these Restrictions, and shall thereafter be liable for all Assessments levied after completion of such foreclosure or conveyance in lieu of foreclosure. ARTICLE IV ARCHITECTURAL CONTROL -- 4.01 Architectural Control Committee. The ACC shall consist of not more than three (3) voting members (AVoting Members@), and such additional non-voting members serving in an advisory capacity (AAdvisory Members@) as the Board deems appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Control Committee: Chet Morrison, Robert B. Moore, and Ray Head. 4.02 Action by Architectural Control Committee. Items presented to ACC shall be decided by a majority vote of the Voting Members. 4.03 Term. Each Member of ACC shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. 4.04 Declarant=s Ri¢hts of Appointment. Declarant shall have the right to appoint and remove all members of ACC, voting and non-voting, prior to the delegation of such power to the Owners, if ever, pursuant to Section 4.13 hereof. In making such appointments to ACC, Declarant shall consider, but not be bound by nominations made by the Owners. Nothing herein shall be construed to limit or restrict in any manner the Declarant=s right to remove members of ACC who were appointed by Declarant, whether or not such person was nominated by the Owners. 4.05 Adoption of Rules. ACC tnay adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties. Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 12 4.06 Review of Proposed Construction. Whenever in this Declaration the approval of ACC is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts which, in its sole discretion, it deems relevant. Prior to commencement of any construction of any Improvement on the Property or any portion thereof, the final Plans and Specifications therefor shall be submitted to ACC, and construction thereof may not commence unless and until ACC has approved such Plans and Specifications in writing. ACC shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress, to assure conformance with Plans and Specifications approved by ACC. ACC shall review Plans and Specifications submitted for its review and such other information as it deems proper. Until receipt by ACC of any and all information or documents deemed necessary by ACC, it may postpone review of any Plans and Specifications submitted for approval. No Improvement shall be allowed on any Lot or portion of the Property which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finishes and materials and similar features as to be incompatible with other development in the Property and the surrounding area. ACC shall have the authority to disapprove any proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of ACC shall be final and binding so long as it is made in good faith and is not unreasonable. ACC shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness, or "' conformance with building or other codes. If ACC fails to review and act on the final Plans and Specifications, they shall be deemed to have been approved sixty (60) days after the date ACC endorses the final Plans and Specifications as having been received. No consents of ACC need be obtained for changes that are strictly internal, and not visible from the exterior of an Improvement. The documents which shall be submitted to ACC for review shall include, but not be limited to: (a) Plans and Specifications, including elevations; (b) A site plan; and (c) Plans and specifications for all outbuildings and fences and engineering plans for all drainage improvements such as ponds or tanks. 4.07 Meetings of the Committee. ACC shall meet from time to time as necessary to perform its duties hereunder. ACC may, by resolution unanimously adopted in writing, designate one of its members to take any action or perform any duties for and on behalf of ACC, except the granting of variances as hereinafter provided. In the absence of such designation, the vote of a majority of all of the Members of ACC taken without a meeting, shall constitute an act of ACC. 4.08 No Waiver of Future Approvals. The approval or consent of ACC to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 13 ... approval or consent of ACC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 4.09 Non-liability of Committee Members. Neither ACC, nor any member thereof, nor the Board nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage or injury arising out of their being in any way connected with the performance of ACC or the Board=s respective duties under this Declaration unless due to the willful misconduct or bad faith of ACC or its member or the Board or its member, as the case may be. Neither ACC nor the members thereof shall be liable to any Owner due to the construction of any Improvements within the Property or the creation thereby of an obstruction to the view from such Owner=s Lot or Lots. 4.10 Variances. ACC may grant variances from compliance with any ofthe provisions of this Declazation, including but not limited to restrictions upon height, bulk, size, shape, floor areas, land area, placement of structures, set-backs, building envelopes, colors, materials, or land use when in the opinion of ACC, in its sole and absolute discretion, such vaziance will not be adverse to the overall development plan for Ranches on Sunset Ridge. Such variances must be evidenced in writing and must be signed by at least a majority of the Voting Members of ACC. If a variance is granted, no violation of the covenants, conditions, or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a vaziance shall not operate to waive any of the terms and provisions of this °- Declaration for any purpose except as to the particular property and in the particular instance covered by the vaziance. 4.11 Guidelines for Buildinct on the Property. ACC may promulgate a set of guidelines not in conflict with this Declaration for building and developing on the Property which shall be general in nature and may be amended from time to time by ACC. 4.12 Submission of Final Plans and Specifications. The final Plans and Specifications for any improvements on the Property shall be submitted in triplicate to 4210 Spicewood Springs Road, Suite 211, Austin, Texas 78759, or such other address as may be designated from time to time, one (1) copy of which will be returned to the Person submitting the Plans with an endorsement as to the date received by ACC. 4.13 Delectation of Appointment Powers. Except as otherwise provided herein, the Declarant shall have the right, but not the obligation, to delegate to the Association in writing the right to appoint and remove members of ACC and upon such delegation of authority filed of record in the Real Property Records of Kerr County, Texas, the selection of Voting Members to serve on ACC shall be by separate election in which the Owners shall have the same relative voting power as provided in the Bylaws of the Association. Declarant shall delegate to the Owners the right to appoint and remove members of ACC upon the occurrence of one of the following events or dates, whichever occurs first: Declaration of Covenants, Conditions and Restrictions for RancM1es on Sunset Ridge Page 14 (a) Declazant no longer owns any interest in any portion of the Property; or (b) December 31, 4.14 Comnleted Work. Inspection of completed work and correction of defects therein shall proceed as follows: (1) Upon the completion of any Improvement for which the final Plans and Specifications were approved under this Declaration, the Owner shall give written notice of completion to the Architectural Committee. (2) Within such reasonable time as ACC may set in its rules but not to exceed fifteen (15) days thereafter, ACC or its duly authorized representative may inspect such Improvement. If ACC finds that such work was not done in strict compliance with all approved Plans and Specifications, it shall notify the Owner in writing of such non- compliance within five (5) days, specifying in reasonable detail the particulars of non- compliance, and shall require the Owner to remedy the same. (3) If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such non-compliance, ACC shall notify the Board in writing of such failure. Upon notice to the Owner, the Board shall conduct a hearing at -~ which it shall determine whether there is non-compliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. Ifnon-compliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Boazd ruling. If the Owner does not comply with the Boazd=s ruling within such period, the Board, at its option, may either remove the non- complying Improvement or remedy the non-compliance, and the Owner shall reimburse the Association upon demand for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy an assessment against such Owner and Improvement in question and the land upon which the same is situated for reimbursement and the same shall constitute a lien upon such land and Improvement and be enforced as in this Declaration provided. (4) If for any reason after receipt of said written notice of completion from the Owner, no inspection is made or any non-compliance is not found within the period provided above in Subpazagraph (2) of this Section 4.14, the Improvement shall be deemed to be in accordance with said approved Plans and Specifications. In the instances where an inspection has occurred and the Improvements are in compliance, upon request, ACC shall issue a ACertificate of Compliance@ in a form suitable for recording. The Certificate shall identify the Lot or Property and the Improvement, and shall certify only that the Improvements thereon are not in violation of the covenants of the Declaration, or if they are in violation, that a variance has been granted. THE CERTIFICATE SHALL NOT BE Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge I age IS -- CONSTRUED TO CERTIFY THE ACCEPTABILITY, SUFFICIENCY OR APPROVAL BY ACC OF THE ACTUAL CONSTRUCTION OF THE IMPROVEMENTS OR OF THE WORKMANSHIP OR MATERIALS THEREOF. THE OWNER IS HEREBY NOTIFIED THAT THE CERTIFICATE IN NO WAY WARRANTS THE SUFFICIENCY, ACCEPTABILITY, OR APPROVAL BY ACC OF THE CONSTRUCTION, WORKMANSHIP, MATERIALS OR EQUIPMENT OF THE IMPROVEMENTS. RECORDATION OF SUCH A CERTIFICATE SHALL BE AT THE EXPENSE OF THE OWNER OF THE IMPROVED LOT. (5) ACC may inspect all work in progress and give notice ofnon-compliance as provided above in Subparagraph (2) of this section. If the Owner denies that such non- compliance exists, the procedures set out in Subparagraph (3) of this section shall be followed, except that no work shall be done, pending resolution of the dispute, which would hamper correction of the non-compliance if the Board should ultimately find that non- compliance exists. ARTICLE V MAINTENANCE FUNDS AND ASSESSMENTS 5.01 Maintenance Fund. The Boazd shall establish a fund (the AMaintenance Fund@) into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the ~° Association must be used solely for purposes related to the areas and Improvements owned by or leased to the Association, or subject to these restrictions for maintenance or operation by the Association or otherwise for purposes authorized by this Declaration, as it may from time to time be amended. 5.02 Regular Annual Assessments. Prior to the beginning of each calendar year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Declaration, including a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year=s fund and shall levy an annual Assessment in the manner hereinafter provided against the Owners of the Assessment Property, as that term is hereinafter defined. If the sums collected prove inadequate for any reason, including non-payment of any individual Assessment, the Association may at any time, and from time to time, increase the amount of the annual Assessments as necessary to satisfy the actual expenses incurred by the Association in performing its functions under this Declaration. All such annual Assessments shall be due and payable to the Association during the calendar year in equal monthly installments. The monthly installments shall be due on the first day of each month, and shall be deemed late if not received by the Association by the tenth (10`h~ of each month. The Association may levy a late payment charge at a rate not to exceed $10.00 per month on any monthly installments which aze late. The annual Assessment shall commence with respect to any Lot on the first (1 s~) day of the month following the month in which the Lot becomes Assessment Property. The annual Assessment for the first (ls`) year after the Declaration is adopted shall be Fifty and No/100 Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 16 -- Dollars ($50.00) per Lot. Thereafter, the annual Assessment shall be determined by the Association in accordance with this paragraph. 5.03 Special Assessments. In addition to the regulaz annual Assessments provided for above in Section 5.02, the Board may levy special Assessments on all the Owners of Assessment Property whenever in the Board=s opinion such special Assessments are necessary to enable the Boazd to carry out the functions of the Association under the Declaration. The special Assessment shall be due on such date as the Board shall specify, but not sooner than thirty (30) days after the date of the special Assessment and any Assessment not paid on that date shall be deemed late. The Association may levy a late payment charge at a rate not to exceed Ten and No/100 Dollars ($10.00) per day on any special Assessments that are late. 5.04 Assessment Property. The only portions of the Property which shall be subject to the Regular Annual Assessments and special Assessments provided for in this Declaration shall be those portions of Ranches on Sunset Ridge which the Board hereafter designates as Assessment Property. 5.05 Division of Assessment Among Owners. Assessments made by the Association under Section 5.02 and 5.03 shall be divided among all the Owners of Assessment Property located within the Property, pro rata on the basis of the number of Lots (or portion thereof) of the Assessment Property owned by each Owner. An Owner=s pro rata percentage of any Assessment shall be calculated by dividing the Owner=s Lot by the total number of Lots contained in the °' Assessment Property. 5.06 Assessment Benefitting Specific Areas. The Board shall also have authority to levy Assessments against specific local areas and Improvements to be expended for the benefit of the area so assessed. The Assessments levied under this Section shall be levied in proportion to the benefits conferred or to be conferred, as determined by the Board, and therefore the amount levied against each parcel of land or Improvement need not be equal. Any such Assessments shall constitute a lien on the properties so assessed and such liens shall be enforced in the same manner and to the same extent as provided for regulaz and special Assessments in this Article. 5.07 Unpaid Assessments as Liens. All Assessments, whether made pursuant to this Article IV, or any other Article of this Declaration, if not timely paid as specified herein, shall be deemed delinquent and in default. The amount of any delinquent Assessment, and any Tate payment charge attributable thereto, plus interest on such Assessment at a rate of ten percent (10%) per annum simple interest (not to exceed the maximum charge permitted under applicable law), and the costs of collecting the same, including attorneys= fees, shall be the personal obligation of the Owner of the land against which the Assessment fell due and shall be a lien upon such land. Each Owner of any portion of the Property by his claim or assertion of ownership or by accepting a deed or ground lease to any such portion of the Property, whether or not it shall be so expressed in such deed or ground lease, is hereby conclusively deemed to covenant and agree to pay to the Association, its successors or assigns, each and all of the charges assessed against such portion of the Property and/or assessed Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 17 .. against him by virtue of his ownership or leasehold interest, as the same shall become due and payable, without demand therefor. The transfer of title to such Lot shall not terminate the lien, but the personal obligation of the Owner shall not pass to successors in title unless they assume the obligation. The Association may either (a) bring an action at law against the Owner personally obligated to pay the same, (b) foreclose said lien against the Lot, or (c) both. No Owner may waive or otherwise escape liability for any Assessment bynon-use of Association Property or any Common Area or by the abandonment of his or her Lot. A certificate executed and acknowledged by the Board stating the indebtedness secured by such lien shall be conclusive upon the Association as to the amount of such indebtedness as of the date of the certificate, in favor of all Persons who rely thereon in good faith, and such certificate shall be furnished to any Owner upon request at a reasonable fee. Each Owner, by his assertion of title or claim of ownership or by his acceptance of a deed or ground lease to any portion of the Property, whether or not it shall be so recited in such deed or ground lease, shall conclusively grant to, and does hereby grant to the Association and its agents the right, power and authority to take all action which the Association shall deem proper for the collection of Assessments and charges and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of trust lien foreclosure on real property, and such Owner expressly grants to the Association a power of sale and non-judicial foreclosure in connection with said lien. The lien created hereunder shall be considered a contract lien and shall be governed by the terms and provisions of Section 51.002 of the Texas Property Code. No Owner shall be permitted to convey, mortgage, grant a deed of trust, pledge, sell or lease °` any portion of the Property unless and until such Owner has paid in full to the Association all unpaid Assessments theretofore assessed against such Owner, and until such Owner has satisfied all unpaid liens against his portion of the Property other than Mortgages. On the voluntary sale or conveyance of any portion of the Property, all unpaid Assessments against the seller shall first be paid from the proceeds of the sale or by the purchaser in preference to any other assessments, liens or charges of whatever nature except amounts due under a Mortgage duly recorded prior to the date of the unpaid Assessment. 5.08 Mortgage Protection. Notwithstanding any other provision of the Declaration, no lien created under this Article IV or under any other article of this Declaration, nor any lien arising by reason of any breach of the Declaration, nor the enforcement of any provision of this Declaration or of any Supplemental Declaration, shall defeat or render invalid the rights of the Beneficiary under any recorded Mortgage of first and senior priority now or hereafter given upon any portion of the Property made in good faith and for value. However, after a foreclosure or a conveyance in lieu of foreclosure, such portion of the Property shall remain subject to the Declaration and shall thereafter be liable for all Assessments levied after completion of such foreclosure or conveyance in lieu of foreclosure. 5.09 Effect of Amendments on Mortgages. No amendment of 5.08 of this Declaration shall affect the rights of any Beneficiary whose Mortgage has the first and senior priority as provided in 5.08, unless the Beneficiary consents in writing to the amendment thereof, or unless the Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 18 .. amendment was filed of record prior to the recording of the Mortgage, provided, however, that after any foreclosure or conveyance in lieu of foreclosure, that portion ofthe Property which was subject to such Mortgage shall be subject to such amendment. 5.10 Subordination. The lien for Assessments provided for herein shall be subordinated to the lien of any first Mortgage if the Mortgage was recorded before the delinquent Assessment became due, made in good faith and for value. Sale or transfer of any portion of the Assessment Property subject to unpaid Assessments shall not affect the Assessment lien. However, the sale or transfer of any portion of the Assessment Property pursuant to mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such portion of the Assessment Property from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE VI GENERAL 6.01 Remedies. In the event of any default by any Owner under the provisions of the Declaration, the ACC, and/or any Owner of a Lot within the Property, shall have each and all of the rights and remedies which may be available at law or in equity, and may prosecute any action or other proceedings against such defaulting Owner and/or others for enforcement. The enforcement of the provisions of this Declaration, or for damages or injunction, or specific performance or for judgment of the payment of the money and collection thereof, or for any combination of the remedies, or for any other relief, available at law or in equity. No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy, and ifthe ACC, and/or any Owner who seeks to enforce the provision of this Declaration prevails, then the ACC and/or such Owner shall also be entitled to recover their costs and attorneys fees. Any and all of such rights and remedies may be exercised at any time and from time-to-time, cumulatively or otherwise, by ACC or any Owner. 6.02 Term and Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25) yeazs from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless seventy-five percent (75%) of the Owners of the Lots vote to terminate the covenants and restrictions of this Declaration, which termination shall be by a written instrument signed byseventy-five (75%) of the Owners of the Lots and properly recorded in the Real Property Records of Kerr County, Texas. This Declaration may be amended by an instrument signed by the Owners of Lots constituting not less than seventy-five percent (75%) of the Owners of the Lots. 6.03 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain, in full force and effect. 6.04 Reserved Rieht of Declarant. Notwithstanding any other provision hereof, Declarant reserves the right upon application and request of the Owner of any Lot to waive, vary or Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 19 -~- amend (by an appropriate letter to that effect addressed and delivered to such Declazant by applicant) the application of any of these covenants and restrictions to such Lot if, in the sole discretion of the Declarant, such action be necessary to relieve hardship or permit good architectural planning to be achieved. Declarant also reserves the right to divide any of the Property at any time while owned by the Declarant without any notice to or consent of any other Owner. 6.05 Riehts and Oblieations. The provisions of this Declaration and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to the benefit of, and be binding upon each and all the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the acceptance and recording of a deed conveying a Lot or any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declazation, whether or not mention thereof is made in said deed. Executed to be effective for all purposes as of the~~day of ~ 2007. .G ~~~ Ray Flead s tmmy lliott ~~ ~ Tom Mullikin William W. Ranck, Jr. Real Estate Matters, LC By: Scott Retzloff, Manager Ranck Trust No. One By: Betty T. Ranck, Trustee Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 20 ~~ STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned authority, on this day personally appeared Robert B. Moore, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and tc~onsiderati~on therein expressed. SU ~~?i? ~u BEFORE this ~~' y of -'' Y , 2007. ;oae~.~w,-. PATRICIASTAWOWY _ Ne!ary Pu61ic, Sla!e of Texas N~,: ~ My Commission Expires "-:t;~'o~;~E;i;=' OCT. 10, 2010 Notary Public in and for the t to of Texas STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned authority, on this day personally appeazed Ray Head, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SU TO BEFORE ;;;P~'=G4,>, PATRICIA STAWOWY , :~_° ' = o = Notary Public, Sta'e ct Texas My Commission Expires _ ±'•;F off,;-t. OCT. 10, 2010 ~a~ STATE OF TEXAS COUNTY OF TRAVIS BEFORE ME, the undersigned authority, on this day personally appeared Chet Morrison, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ~.._ ":~~'~^"U"•,•, PATRICIA STAWOWY ~o; ..... s,,,, °t: _ Notary Public, Stale of Texas •.~.+;~ My Commission Expires ...,,,~ ... E,. '"•,~~;o; OCT. 10,?_010 Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 21 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared William W. Ranck, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, this day of , 2007. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF ! IrGUJi~ BEFORE ME, the undersigned authority, on this day personally appeared Jimtny Elliott, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. .... p~~VJ`O N TO BEFORE this~~ y of C~SJt'AVt , 2007. io ~Y~PU~~ ~; _ Notary Puaic, Sla!e of Texas ~%J ~ E My Commission Expires `~;r;;~a~;E~`` OCT. 10, 2010 Notary Public in and for the S ate of Texas STATE OF TEXAS ' COUNTY OF ~ II6 ~~ ' BEFORE ME, the undersigned authority, on this day personally appeared Tom Mullikin, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SU 4ZdG1B~b BEFORE M this da of Y ~~'tl,~(,lr , 2007. °~a~°>'~g,.. PATRICIA STAWOWY _, ~~'~ ~ No!ay Public, Siate of Texas :, j`' My Cammission Expires ~ti ~ ~~ o ,E~~~°' OCT. 10, 2010 Notary Public in and for the St t of Texas lleelaration of Covenants, Conditions and Restrictions for Ranches mt Sunset Ridge Page 22 STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Scott Retzloff, as Manager of Keal Estate Matters, LC, known to me to be the person whose nafne is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, this day of , 2007. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Betty T. Ranck, Trustee of the Ranck Trust No. One, known to the to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, this day of , 2007. Notary Public in and for the State of Texas Declnration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Page 23 CONSENT OF LIENHOLDER Crockett National Bank, as holder of first liens on the Property, hereby consents to the filing of this Declaration and the encumbrance of the Propertyby the covenants, conditions and restrictions stated herein. Dated this ~~day of February, 2007. STATE OF TEXAS COUNTY OF fern ~v q`{ BEFO~RE~lME, the undersigned authority, on this day personally appeared Blake Behrens, ~luc~ P/lR_OA.~7-An'~L of the Crockett National Bank, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, this ~ day of ~ 2007. AMY SCHNIERS i .+"4 z MY COMMISSION EXPIRES FEBRUARY 24, 2010 P'\docs\Wmk\Morrch.103\Declaration of Covenants - 2-19-07.doc Declaration of Covenants, Conditions and Restrictions for Ranches on Sunset Ridge Notary Public in d for the State of Texas Page 24 Sent By: SCOTT B RETZLOFF; 210 342 3710 ; Feb-28-07 9:02AM; Page 4 STATE OF'I'EXAS COUNTY OF BEFORF. MF;, the undersigned authonty, on this day personally appeared W illiam W. Ranck, Jr., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TO BEF012 E ME, This Z~ day of ~ .._, 2007. NotaryC~, and for the Stale of l'exas STATE OF TEXAS COUN"~'Y' OF ^-~--""' r,,,,, ,, ~~tnrruewc LOPE G. SALAS Notary Public. State of Texas ~' My Commission Expires '•'.~~` October 3i. 2609 III,~N BEFORE ME, the undersigned authority, on this day personally appealed Jimmy Elliott, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes anti consideration therein expressed. SUBSCRIBED AND SWURN TO BEFORE ME, this _ day of STATF. OF TEXAS COUN"1'Y OF ~~-P~'1y--- 2UU7. Notary Public in and for the State of Texas BEFORE ME, the undeesir,}ted aulhurity, on this day personally appeared Scott Retzloff, as Manager of Real Nstate Matters, LC, known tome to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN TU BEFORF. ivt F, this Z~ day of r~ ~~ 2007. .q~ p°5. ` MtCNAEI f. SWENSON ~ ~4~ NoraN PuElic, State or Texas r, d } ~ My Commission Exprtas ± t~~' x, %,.d Mdreh 29, 2607 Notary Public in for the State of Texas Declaration of Covenants, r'u~Jitions and Restrlnions for Ranges on Sunset RiJge YaKe 3 Sent By: SCOTT B faETZ~OFF; 210 342 3710 Feb-2B-07 9: 01 AM; Page 2 ~. L•xccuted to be effective ['or all purposes as of the ~~~day of ~.~ ?007. Roherl A. Moore Chet Morrison Jimmy Elliott Tom Mullikin Declaration or Co~cnants, Coudltlons For Xanchee on Sunuet Ridge Ray Head _. -- ~~'! 1 ~' William W. Ranck, Jr. Real Estate tters, L By: Scott Relcl ,Manager Ranck Tntst No. One By: T3etty T. Ranck, 'Trustee PaRC f qq pp ~. . ~ Ral3ERT R RIRttCK rCC~D~cO~ ~~~1~ 1 ~~~~1~ tjo6-ass-oaNo.0~0~ P. 3 P.a amend (by an appropriate letter to that effect addressed and delivered to such Declarant by applicant) the application of any of these covenants and restrictions to such Lorif, in the sole discretion of the Declazant, such action be necessary to relieve hardship or permit good architectural planning to be achieved. Declarant also reserves the fight to divide any of the Property at any time while owned by the Declarant without any notice to or consent of any other Owner. 6.05 Riehts and ObliPStions_ The provisions of this Declaration and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to [he benefit of: and be binding upon each and all the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. Fay the acceptance and recording of a deed conveying a Lot or any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to he bound by and subject to all of the provisions of this Declaration, whether or not mention thereof is made in said deed. Executed to be effective for all purposes as of the Robert B. Moore °°' Chet Morrison Jimmy Elliot[ day of Ray Head William W. Ranck, ]r. Real Estate Matters, GC s~`" - - - 2007. Scott Retaloff, Managec Tom Mullikin Ranck Trust No. One Betty T. Ranck, Trustee neclnrnhort of Cavennnts, Condilians and Restrictions for Ranches an Sunset Ridge ['ege 20 ~. ecF oi~ ~~, „~~-~,~~.,~~~~ ROHE2T R RRtiCI< STATE OF' TEX` AS''~ (, ' COUNTY OT /-~~ cJC ' 806 763-03~~9~~~~~ P' ~ p•2 BEFORE ME, the undersigned authority, on this day personally appeared Betty T. Itanck, Trustee of the Ranck Trust No. One, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that~ieCexecuted the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN 1'O BEFORE Iv(T, this d7~day of ~ rt..a n , 2007. ~ ~/ Not Public in and for the State of Texas °'":'.e;:~ utter s. ao~ates ` Notary Public. Ststs of Tors : s~ ~ My Commission Explroe °K;!; j~~ Novembor t~, 2007 Declaration of Covenants, Conditions and Restrictions tur Ranches an Suoset Ridge Pagc 23 ~ ~(li~~~ t!0.' c h+h- APl'N:~'lll~H phi/~ Re~rer~dbyR.C~]i R4~Li7'INt: tiI.IP Kerr Cuuuty Application fnr Final Plat of a Subdivision Nome of Sab~Jivivun: ~~i(~ jF=~ i ~~~~t~ ~~~`~~t' Lucatinn of Suhd~ris`ion: ~~~~~j +r(~f+'~ ~~~ Yt~cinct n ~,~ t)wucr'Dc~~eL~pcr: ~ Imo' ~ ~al~'!~_t ~_~~ Pbuuc ( I - ... , q J -~ Surveyor: ~ \/~r~1~ _ Ph~n~~ )6~T~~'~' Is this pa~Y of an existing subdivision? Yes ~ ) No ( ) II'yes, Namc: Volume+ .Page At;E;vn.~ ll~,1~r: aE~uFSTrn: ~ ~~i ~b~~C~(~ i Y-- ~ Person(s) appearing before Commisaioners C ourt: `"~ Y _~ 1~-+yq~y a 1 . Final Plats are to be submitted to the Kerr County Road & Bridge Uflica, fur Review twenty nne (21) days prior to next Connnissionur's Coed Date.** r. , a Rccewedby: f'~_' `,~~~{~-1.1Ga ~,~'; lC . t / Uatc 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules ~ Regulations. /, %,~ /~ Amount Paid $ ~~ , ~ Feceived by: ~-;e..~_~A~~~~!~~X _ ~~~~~~ Clcclcs 3 Kerr l ountyFem~~ir~oyn~m, ental llcalth l~oe Amnuul Paid $ ~W ~- ~ - n~i<: -~{ -}--- -3epfl~`°Feiirut ~ ~~ Received by: __ - - - --vain ~'°~ Y~ ~u must then <'OMPLFTR this fnrm~ and return it to the Ken- County Read ~@ Rridgc ~ )ffice biheen (15j days before Conunissiuner's Court Agenda lla~e. Kcii f'nunty Subdiri.,ion Rules ~ Re~ulalion:; AppuniJi,~ - Pa;:c 13 .. ~~~'r1~ ~ `mac-'~tJS~ ~ ~'~~ ~°'~`>> j© f ~~~ ~ ~ ~.~ r-~-~ ~ 2=.~, coo ~~ ~y ~~~ ~ ~M °~, °~ ~.o~ t~~ ~°~ `' r~i•c~ ~~~ c~T~~i~~-s ~~~ ~~ ~; X20 ~-~ " t~A~, ~a;Y~~ ~~r 1~r~~,~ ~ ~ C, ~„~ '~cD~=~ ~a ~~~ iV~ ^~,Qt~ `~C91~-1._. ~. ~~ ~ ~ , CEO OFFICIAL RECEIPT Kerr County Texas County Clerk's Office Payor Voelkel Engineering Receipt No CC-16431 Transaction DaU 03/05/200 Description Amount Paid Miscellaneous Payment Certified Copies Recordings SUBTOTAL 5.00 386.00 391.00 PAYMENT TOTAL ~ 391.00 Check (Ref#6494)Tendered Total Tendered Change 391.00 391.00 0.00 03/05/2007 Cashier Audit 04:01 PM Station CC12 4848906 OFFICIAL RECEIPT CC . 5 T~~' ~ = ~ nerd = 3 5S 5 ~ 5 ~ i,(}u~~ iii,{ ka:.t11; 7'JI"tf 4AA}d A*44 atAtAA#9ARARARA4atA4Ad ARAB STATE ~EKERR COUt4Pf Know All Men BY These Presents: Mn on this plat, and whose name is sub_ land sho on or through ° duly authoultl Cd for9eever my owner of iMe use of the P in all of hereto. and in Pefs drains, easements. scribed to Kerr CouMY• Tyxos. far the thereon shown dedicoled all Pod`s, water coy other Public Pleased. all roads, aYs' 6c Plaoas and the afaresaPl P"b consideration therein exp for the WrPose and has trees issued to The ywner has wiAten consent of ail lien holders. and cerbfond Fur- e amount of s~irw9e strucWres. and ° Letter of Credit maonstmctron of oN mod~~q~uRU~tted ufot'ron%~ o~rCRewtis mor~aadonce with Kerc Camaered 8 Reg wont to ifs stardortls sat todh 2007 day of _.-~-~~• WAnass mY hood this ~.~-~~ wner o ners. n er °' panoger . . Chet Morrison. $ STATE OF iEXAS e arsonally oPPo°red COUNTY OF KERR on this day P s gEpr)RE ME the undersig oil meh otYDe theaneracknowledged toy me mson, known oin9 instrument, ration iheremm Coat Mo fo the f°re9 a for the Pwposes and ca'~ subscribed city therein stated. day o~ that ha yxecutednt the caP° expressed and office this...~'~ ~N under mY hand and seal of 2007 NotorY PuDlw fof the State of Texas 4AAA4 AaAd RA*ttdt A4A*AA AtA4Atra4A at contorumoPwns it requi[emsnts a A4* oherMa Kea~CotuntY wpd~J~~ Rules & Rag 2007 day of _..~^.-_._, poled this ,..~ om regentotiva onar Subd;vision Rep Kerr COUrdY RRR At AA AAAdaaA AaAAd*i AdAA aAt At4 dAtA msron is suDlecndtiCertm~nb~/ rubs orvd ns h+!!°Mrous°sed mate of texas will be o~Ry ~ individual 05SF system selectl L'~ ~. 1 herebJ pp rasPe with the a Faail'fits' the site evaWatwn wit with the On-SRe Sewog iwn with in accordance daW~ol ateuParrn;NRu9lesmccas. Chapter 285. OSSF 4RAAAA RARAiAata*tAR AA msion Platted hereon does no[ tRA**AAA to A**A hOZOfd 20ne and cedify that the ssudbdi ~-year flood the Rules & 1 do heroe_eas within a designot lot as required by , incWde, resented an the P the iwagO11°). s1otO er. fa which ar i r~e reviewed and ackflo d age Preven ron Regulofwns. County as oPPlioabte to the Kerc 2W7 day of ~.---~-~ Doted this ~~ eonor °rn resentotive Kerr County Subdivision ReD *aaAtanAaaaatr*tataAa Aaa aaA AAtAa Ad Aa ceddy,thot this plat is consistent with publ'w safety anc d Nommg and Address guidelines of Kerr 411. t hereby the Roo 2007 day of .~-~--.~-' Doted this ~-- ~--- iliom Amenna Execulrve DUecta, Kerr 9t5 AAR RAAAR AAtr Atr At AAAtraA A4 AAAaAA Rtr AARtr Sunset ftid9e has been submit Texas. and This PWt of Ranches rnrydssioners CouA of Kerr County. s here Yd°P ro ~ by such court 2007 day of ~-----'~", poled this ~-- ° meg Judge Kerr County ntl agreed that Perpetual easements ore rtena 70) of ethe reo~ethe~ tt is understood o roods of this ' utilitbs and allond wsthin tenP japes and e boulevrnds, d ground, along which may lha streets. alleys. yosement areas autha to remain wdhin the nt area of each bt and all impr of ut,liGes. The ea{5em~hose facllitieros oar of the 9hts an of the lot, axceP shall ho incWdm9 but not ponies or their fmfd°Ye~ein granted, and the dghl tr. jayment of Ma rights and easementdanger or interfe from the right-of-way inure. U1e P of, uti other obstru hig^hs~ein reservsdl include rivitege easement g rtr side sold easement wheno deore~abtese eery ~^aieco~nsh the right to insisnllswCh sitems do not P mast so long, . of this subdvison. GENERAL NOTE`'' t Bock Lines: 50 R. from right-of-way line. s in Zone % according to the fiRM for 1_ Minimum $e' q_ The property Plottetl hereon ~ Karr County, Texas MaP No : 482 2 00 ~ MoP Oate:Jufy 19, sold lot moll contact the owner of ,n Ns lOt• {uture OS` Prior to constructwn0os~ designated rePrssenlotive. All to s 3' the Kerc County aired to comply ridh all cal OSSf system are req Individua evaluation with subdivison led by Kerr County. ,n accordance wi re9'~°tions adoP fi conlunctwn wfth the site gelectron will be made ermithn9 •uocess, the~30 TAC ChoPterd265 sOS5F Rules. 4. $c1wo1 Distrito: Comfort 45.D. will be served by individual water wells. Subdivision Rules & Requlalions, this 5, these lots g In accordance with Kerr County febrm subdivision +s permitted 49 lots. 7 Preliminary Plot was approved oy the Commisswrwrs' Court on i2, 2607. Coop - BoN~rCOUlntry Telep °~ g, UUI'AY Come°^ws' ie ephone Center Point P°A n^ 9e sC g°a0 g. Owner: Chet Morrison, 5 nog 4210 SP~°uwood P Austin, Texas 78759 Lys Narvey Enginaec 412 CIaY $L Kerrville, TK 78028 Survey°° Lee C. Vcelkel 212 CIoY Sryf,~78028 KerrvNta, the installatiothe surface for oundeot reserved for ou upon ond~or tracts milled installed +n the loce4 °r Pa and side Dnes °f shall{ De,D maintenance ubdivision. Nothing instollabon and D the owner or interfwithin lit s~l be n1°`ntawed Utildy com- es ~ ~ comp°nY is resP°nsible. full en- ty or utAitY or cat i~greseof°tand egreosrds benef'ds nece f'~ right trees, undar.4rowU+ ;united t ta> t;~e to cut all , m Ume yration of sad art oti+ar dev ce ^ta tu~ e with the oPSUPP°d cables , alahorinq °~ egu~pme tracts+notawith~ su'd BOSS Ay to suPP and(or andJor tracts ns of said lots on any at the Iota ,,.two of buUd'mg? 44*4dA*RA4*AAd4Atr fivision platted hereon does not 100-year flood hazard zone and GENERAL NOTES plot as required by the Rules & knowledged the foregoing statement 7. Minimum Set-Back lines: 50 (t. from right-of-way line. Flood Damage Prevention Order. 2. The property platted hereon is in Zone X according to the FIRM (or Kerc County, Texas , 2007 Map No.: 48265C0300E _ Map Date: July 19, 2000 3. Prior to construction on any lot, the owner of said lot shall contact the Kerr County OSSF designated representative. Ail lots in the :five subdivision are required to comply with all current and /uture OSSF regulations adopted by Kerr County. Individual OSSF system selection will be mode in conjunction with the site evaluation with respect to the individual site permitting process, in accordance with Atr4AAd AR4Ad Ad dA 44 the 30 TAC Chapter 285 OSSF Rules. ;onsistent with public safety and 4. School District: Comfort I.S.D. )uitlelines of Kerr g11. 5. These lots will be served by individual water wells. 6. In accordance with Kerr County Subdivision Rules & Regulations, this _~ 2007 subdivision is permitted 49 lots. 7 Preliminary Plat was approved by the Commissioners Court on February _ 12. 2007. 8. Utility Companies: Electric - Bandera Electric Coop Telephone -Hill Country Telephone Coop 9. Owner: Center Point Partners, LC R A R A A 4 R d A A R R A A A A A Chet MOfriaOn, Manager 4270 Spicewootl Springs Road idge has been submitted to and Austin, Texas 78759 :Dort of Kerr County, Texas, and Engineer: Les Harvey 212 clay St. Kemille, T% 78028 _, 2007 Surveyor. Lee C. Voelkel 272 Clay St. - Kerrville, TX 78028 eed that perpetual easements are reserved for the installation and maintenance of / appurtenances thereto, whether installed in the air, upon the surface or under- ten feet (10') of the rear, front antl side lines of all Iota and/or tracts and in vords, lanes, and roads of this subdivision. Nothing shall be placed or permitted ement areas which may damage or interfere with the installation and maintenance R area of each lot and all improvements wflhin it shall be maintained try the owner sse facilities for which on authority or utility company is responsible. Utility com- a shall hove all of the rights and benefits necessary or convenient for the full en- :rein granted. including but not limited to the free right of ingress to and egress ind easement, and the right from time to time to cut all trees, undergrowth and nay injure, endanger or interfere with the operation of said utility facilities. the ;served Include the privilege of anchoring any support cables or other devices out- s deemed necessary by the utility to support equipment within said easement and and/or cables over some portions of said lots and/or tracts not within said ease- ems do not prevent the construction of buildings on any of the lots and/or tracts VOLUME PAGE REF. N0. i a. ~? "s r} r#+ f~y.c~°' }~ B`jrh ~k S.q,F(~l'>~'f r++.y 4\\ ~ `& ~' $ " ~ / ~~ ~ p~m4 i ~°'...~ ~~~ a ~ fa y <7 ~ v ~ h 's`yvt' t ~ K .~a/ P r'N, m~ t ` ~ : i 2 .~ r als 1 r ~ }.,i a k' 1 I ~~~.'A ~~ f (~~''`~"rtt P+f / ~l .S ');.~ 1 ' I n y \ x Rw' }4'x>~ . r i -s.''yy ~py~ f r „qy ~; z ~ i ~ ~ k -, . f." 'l '}5' ~ A 2 P i~S 3: X4'1 -s. ~ ~ " ) ~ ~~~'6, : .-y, ~-. kw r f f ~kY, f~{ ~ 5. ~~, wM ~~yy,, S ~tl I., _q 1 1 ~Y G~ijti' ~~ ~Pj 514.aA PeS ~ X athY-r' { -,~ ~'Y I J Y -ems G _-~~r~ i i r,` ~~/~~ Y.~.~''FS ~,~T ~3M s. /vF `~ I -.~o ~' VICINITY MAP SCALE: 1" = 3000' 444R444AA4tr4 AA RA44A4A44A 4AA*4RtrtrA 44 I hereby certify that this proposed subdivision is subject to complying, with the rules and mguhtlons of the Slate of Texas and Kerr County On-S'de Sewage Facilities. Individual OSSF system selection will be made in conjunction with the site evaluation with respect to the individual site permitting process, in accordance with the 30 TAC, Chapter 285, OSSF Rules. Dated this day of 2007 Igue Arceoa Kerr County OSSF 494dA44444ff 4449444444444A 444444444 I hereby certify that this plat is an accurate representation of the property shown and described hereon as determined by a survey made on the ground under my direction and supervision, except no survey was mode to reestablish Patent Survey lines or comers and that all property comers are as shown. (Beadng basis m True north based on GPS observations) Dated this day of 2007 Lee C. Voelkel Registered Professional Land Surveyor No. 3909 County Surveyor for Kerr County. Tezas 44trp*f A41f414tr4tr Af A4tr4trA trtr 44444 AA 4A APPROVED by the COMMISSIONERS' COURT OF KERR COUNN, TEAS on the day of 2007 by Order No. FILED for RECORD on the _ day of 2007 at _ O'clock _ M. RECORDED on the day of .2007 of O'clock - M. in Volume 7 at Pages _ through _ of the Plat Records of Kerr County, Texas Jannett Pieper, Kerr County Clerk Su nseiRidge. Fi nal Plat.dwg the right to install wires and/or cables over some portions of sold lots and/or tracts not within said ease- ment so bng as such items do not prevent the construction of buildings on any of the lots antl/or tracts of this subdivision. INDEX TO SHEETS V-07-4302 -~__ SCALE: 1" = 1000' u ac,S na wmm~ s°~d eoae- ~~ ~constroction of •huildin9a V«' O1~ °l the lots ond(or tracts not prevent the INDEX TO SHEETS SCALE 1" = 1000' FINAL PLAT FOR RANCI~ES ®1~I SL3N~~ ~~GE A SUBDIVISION CONTAININOUT OF GEORGE T• LAND, MORE OR LESS, ELAND HOWARD SURVEY TEXAS THAT SAM O 192 IN KERR COUNTY, gpHNERT, ET BY A WARRp,NTY CONVEYED FROM RICHARD E. AL, TO CHET MORRI50N, ET AL, DEED WI OF JANUARYS2007, AND RECORDED 9TH DA COUNTY, IN VOLUME 1RECORDS OF KERRTHE REA PROPERTY TEXAS MARCH 2007 o.R ~~.~, 2,2 d/'Y SIRREET• NFRRNLLE• iE%~5 ~Bn2& 63P-2 1~ I f \\ 30507 Y/ 9 3 '. ~.`Mp r o ca N3: O ,om ug ('~ ni VI ~ `~ mC n I ~~ o~ x ~ I 0 ~~ a Rm $~ ~ I C I ~I z ~I ~I I w 442.03 ACRES {rema I inder) I ~~• \N~N ~ \wiP. \~ gym, 1 /3i 1 I N I I ICI I N I +~~ I I N I I U I SCALE: ~ °° p 700 ~ z 2Q0, 40p soo GRAPHIC SCALE, FEET LEGEND _© QOROPpsT N m ---' U~ E~ E • tltON STAKE XE -- _ AVER UNE "' PAIE'M~ ~~~~NES ~1} 20.47 ACRES I o I _ _ _ ~ i ~FR~A~~R ~IIDING SE7_ggCH (3 ~ C3 1' I ~ ~ . `191,28 438.5] r I ~ !4 Cf ~ NZ1,32.2g81N C4 N00.00'00^E C5~ ~ \ C2 lgl.2 , .. 438.5] C6 ~-% "1VECL I o i ~0 328 0l ~ m 20.48 gCRES 125'00 ACR Jetcr to Auer (R va Pf6175 P9. 459 03%07 jO2eNrds} .~ ~; ~ . `g ~` \ ~ ~s ~, p , •_ti9 ~~ 24.59 gCRES MIRA VISTA D ~ ~~ WIDE P~~ ~OADE °'O ~- ---_-- " N00'39'20'yy"-~---~-~ ~ ~ _265.72' Cf3 ~VW V' ~~ N. a c14 J H 396---~~1> N4756'14'MI CI 11 398.68' -'~( W z a x 125.00 ACRES J t H e er to Aue, III Vol. 1175 Pg. 459 teal PDr3p¢Orty Zecords) [gyp p~pn2pp npOv y~~ NJ V V lS U OVJ G~ ~ C'J W w ~~~ a a l i N00'26'40"1V x 881.86' ~~~ ~ N00'32'27'SV 4607.09' N00'32'27V! s7 z1' J 8.79' x t1s9.8a' x x z 0 °o 'O ~ o ~ ~ o ~ ~ 4.59 ACRES f O 3 o ~ o 4 22 88 ACRES cK ° m 23.87 ACRES . .~ 0 cs ~ MIRA VISTA ARIVE N. C7 \ 60 FT. WIDE PUBLIC ROAD