DOCM '9'915054 ANNEXATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON §
This Annexation Declaration of Covenants, Conditions and Restrictions (this "Annexation Declaration") is made to be effective as ofthe __l_J_ day ofDecember , 1998, by PULTE HOMES OF TEXAS, L.P., a Texas limited partnership ("Declarant").
RECITALS:
A. By Declaration of Covenants, Conditions and Restrictions for The Ranch at Cypress Creek, Section 5, recorded in document number 9662443 in Real Property Records of Williamson County, Texas (the "Declaration"), Pulte Home Corporation of Texas, as predecessor-in-interest to Declarant, imposed certain covenants, restrictions, easements, charges and liens upon certain real property as therein described.
B. Pursuant to the Declaration, Declarant has the right at any time and from time to time to bring within the scheme of the Declaration additional properties, and to supplement or modify the Declaration as may be necessary or appropriate with respect to such additional property.
C. Declarant desires to annex and bring the Additional Land (as hereinafter defined) within the scheme of the Declaration an NOW, THEREFORE, Declarant hereby declares as follows: 1. Additional Property Subject to Declaration: The land (the "Additional Land") described on Exhibit A attached hereto and incorporated herein by reference is hereby added to the properties subject to and covered by the Declaration. 2. Modification of the Declaration as to the Additional Land. The Additional Land shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, restrictions, charges and liens as set forth in the Declaration. ANNEXATION DECLARATION PAGE I EXECUTED this J I day of December, 1998. DECLARANT: PULTE HOMES OF TEXAS, L.P., a Texas limited partnership By: Pulte Nevada I, Inc., a Nevada corporation, its General Partner ANNEXATION DECLARATION PAGE2 THE STATE OF TEXAS § § COUNTY OF l t""A,1/15 § BEFORE ME, the undersigned authority, on this day personally appeared 130.d Sw j ck-r ____,.C.""o-'-ri-'-m tle.Y""" ofPulte Nevada I, Inc., a Nevada corporation, General Partner of Pulte Homes of Texas, L.P., a Texas limited partnership, 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, as the act and deed of Pulte Homes of Texas, L.P., a Texas limited partnership, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J f day of December, 1998. YJ;AfL LM_) NO.@Y PUBlJt IN AND FOR THE STATE OF TEXAS My Commission Expires: Printed Name of Notary AFTER RECORDING, RETURN TO: BELLINGER & DeWOLF, L.L.P. 750 North St. Paul, Suite 900 Dallas, Texas 75201 Attention: Glen A. Bellinger K:\PUL'J'E\CY-CREEK\AnnexationDeclaration. wpd Last Revised: 12/08/98 ANNEXATION DECLARATION PAGE 3 EXHIBIT A TO ANNEXATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE RANCH AT CYPRESS CREEK, UNIT 9 A SUBDIVISION TO THE CITY OF CEDAR PARK TRAVIS COUNTY, TEXAS LOT DESCRIPTION OF ADDITIONAL LAND Lots 1 thru 22, Block A Lots l thru 35, Block B Lots 1 thru 32, Block C Doell 9915054 Ii Pages: 4 Date : 03-09-1999 Time : 02:41:07 P.M. Filed & Recorded in Official Recor ds of WILLIAMSON County, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 15.00 RETURN TO: ALAMO TITLE COMPANY 3305 NORTHLAND DR., #100 AUSTIN, TEXAS ~1 GF# l.fyt.,ye. i I f2 THE RANCH AT CYPRESS CREEK, SECTION FIVE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STA TE OF TEXAS COUNTY OF WILLIAMSON DOCtt 96.6.2443 WHEREAS PULTE HOME CORPORATION OF TEXAS, a Michigan corporation, hereinafter called the Declarant, is the owner of that real property described in Exhibit A; and WHEREAS, all of the property within the Subdivision (the "Property"), is intended to be developed for single family residential purposes; and WHEREAS, Declarant desires to create upon the Property a residential community and to carry out a uniform plan for the improvement and development of the Property for the benefit of the present and future owners of the Property; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community and for the maintenance of common areas and, to that end, desires to subject the Property to the covenants, conditions and restrictions hereinafter set forth, each of which is for the benefit of the Property and each owner thereof; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Property described in Exhibit A shall be held, sold, conveyed and occupied subject to the following covenants, conditions and restrictions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property described in Exhibit A and shall be binding on all parties having any right, title, or interest in or to the Property described in Exhibit A or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property described in Exhibit A 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 of referred to in said contract or deed. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, when used in this Declaration, the following words and phrases shall have the meanings hereinafter specified: 1.01 Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to this Declaration to review and approve plans for the construction of Improvements upon the Property. OFFICIAL RECORDS W'LLIAMSON COUNTY, TEXAS 1.02 Architectural Commjttee Rules. "Architectural Committee Rules" shall mean the rules and regulations adopted by the Architectural Committee, as the same may be amended from time to time. 1.03 Common Area and Facilities. "Common Area and Facilities" shall mean lots and easements dedicated by Declarant to a governmental entity for operation and maintenance, including, but not limited to, drainage easements, landscape lot, greenbelts and park property. 1.04 Declarant. "Declarant" shall mean Pulte Home Corporation of Texas, a Michigan corporation, its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Pulte Home Corporation of Texas as Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder. 1.05 Oeclaration. "Declaration" shall mean this instrument as it may be amended and supplemented from time to time. 1.06 Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. 1. 07 !&1;. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on the Plat of the Subdivision, together with all Improvements located thereon. 1. 08 Master Landscaping Plan. "Master Landscaping Plan" shall mean the master landscape plan for the Subdivision, as amended by the Architectural Committee from time to time. 1.09 Mortgage. "Mortgage" shall mean any lien covering any portion of the Property given to secure the payment of a debt. l.10 Mort~ee. "Mortgagee" shall mean the holder of any Mortgage. 1.11 .Qmw:. "Owner" shall mean a person or entity, including Declarant, holding a fee simple interest in any portion of the Property, but shall not mean a Mortgagee. 1.12 ~ . "Person" shall mean any individual or entity having the legal right to bold title to real property. 1.13 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans. elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement. b:l"PS.1 \oorSdood 2 1.14 flat. "Plat" shall mean the subdivision plat of the Subdivision of record in the Plat Records of Williamson County, Texas, as the same may be amended from time to time. 1.15 Pronerzy. "Property" shall mean and refer to all of the property within the Subdivision, together with such other real property as may hereafter be made subject to the terms of this Declaration. 1.16 Restrictions. "Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Architectural Committee Rules from time to time in effect. 1.17 Subdivision. "Subdivision" shall mean The Ranch at Cypress, Creek Section Five, a subdivision in Williamson County, Texas, according to the map or plat of record in the Plat Records of Williamson County, Texas. 1.18 Syp_plemental Declwtjon. "Supplemental Declaration" shall mean any declaration of covenants, conditions and restrictions recorded by Declarant after the date of this Declaration in order to add to the Property; to subject any portion of the Property to further restrictions, covenants or conditions, or to withdraw land from the Property. 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 Antenu;m; Satellite Djshes· F1a(W 2.02 Wurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon without the prior written approval of the Architectural Committee. 2.03 Subdividinf:. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the Architectural Committee. 2.04 .5..i&Ds- No sign of any kind shall be displayed to the public view on the Property without the prior written approval of the Architectural Committee, except for signs which are part of Declarant's overall marketing plan for the Property. The Architectural Committee may permit signs of any type advertising a portion of the Property for sale or lease or it may set standards for the same. b:l,.,!.1ICC1'Sdood 3 2.05 Rubbjsh and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or appropriately screened from view. Refuse containers shall only be permitted to be placed in view a maximum of two times per week, for a maximum of twelve (12) hours each time. Any water control and improvement district and/or municipal utility district which encompasses the Property shall have the right to contract for district-wide solid waste collection services on behalf of all of the Owners, and to bill each Owner monthly for such services. 2.06 Noise; Nuisance. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. No noxious or offensive activity shall be conducted on any property, nor shall anything be done thereon which is or may become an annoyance or nuisance to the other property owners. The Architectural Committee, in its reasonable discretion, shall determine what constitute a noxious or offensive activity. Activities expressly prohibited, without limitation, include (1) the use or discharge of firecrackers or other fireworks within the Property; (2) the storage or flammable liquids in excess of five gallons; (3) other activities which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason of excessive danger , fire or explosion; (4) hunting, trapping and discharge of firearms; or (5) activities which affect adversely the health, safety, or property values of the Owners. 2.07 Construction of Improvements. No Improvements shall hereafter be constructed upon any of the Property without the prior written approval of the Architectural Committee. 2.08 Repair ofBuildiIJis. All Improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner thereof. 2.09 Alteration or Removal of Jmproyements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement shall be performed only with the prior written approval of the Architectural Committee. 2.10 Roofin~ Materials. No reflective roofing materials shall be permitted on any Improvement. 2.11 Driveway. The Architectural Committee shall have the right to impose limitations on driveway design, including materials, aprons, location and point of contact with dedicated roads, streets or private driveways in the Subdivision. b:\"'¢.1\ocrldeod 4 2.12 UnderifOWld Utility Lines. No utility lines, including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other Improvements as approved in writing by the Architectural Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or other Improvements which have been previously approved in writing by the Architectural Committee. The installation method, including, but not limited to, location, type of installation equipment, trenching method and other aspects of installation, for both temporary and permanent utilities shall be subject to review and approval by the Architectural Committee. 2.13 Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved by the Architectural Committee. 2.14 Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes. 2 .15 Temporacy Structures. No tent, shack or other temporary building, improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, restrooms and office space for architects, builders and foremen during the period of actual construction on a Lot only may be maintained with the prior approval of Declarant, such approval to include the nature, size, duration and location of such structure. Further, Declarant, Owners and builders shall also have the temporary right to use a residence situated on a property as a temporary office or model home during the period of and in connection with construction and sales operations on the Property, but in no event shall builder or Owner have such right for a period in excess of one (1) year from the date of substantial completion (as defined by the American Institute of Architects) of his last residential structure on the Property. For purposes of this Section 2.15, temporary building or temporary structure shall be defined as a building without a permanent foundation and permanent, inspected and approved plumbing facilities. 2 .16 Mjnjng and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any Lot. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 2.17 Unsj&htJy Articles· Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other b:l~.llccr:l4oecl 5 than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, and garden maintenance equipment and any other vehicle other than a conventional automobile shall be kept at all times, except when in actual use, within the enclosed garage of its owner and concealed from view. For purposes of this paragraph, the term n conventional automobile" shall be deemed to include conventional passenger vehicles, passenger vehicle trucks (3/4 ton or less), and non-commercial passenger vans. Property owners who do home repair work to their vehicles outside of their garages must return the vehicle under repair back to the garage at the end of the day. Street repair and maintenance to automobiles will not be permitted. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Committee, to house all vehicles to be kept on the Lot. Lot Owners shall not keep more than two (2) conventional automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy-two (72) hours. No conventional automobiles or other vehicles may be parked overnight for more than two (2) consecutive nights on any roadway or public right-of-way within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials or scrap or refuse of trash shall be kept, stored or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. 2.18 Mobile Homes. Traye! Trailers and Recreational vehicles. No mobile homes shall be parked or placed on any Lot at any time, and no travel trailers, recreational vehicles or similar vehicles shall be parked on any portion of the Property so as to be visible from adjoining property or public or private thoroughfares for more than forty-eight (48) hours. 2.19 Anjmals -Househ9ld Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept or maintained on the Property. No more than three (3) dom1:5tic pets may be kept on any Lot. No domestic pet shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operations will be allowed. No domestic pet shall be allowed to run at large and all domestic pets shall be kept within enclosed areas which must be clean. sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and sball be screened so as not to be visible from any other portion of the Property. 2.20 Lawns and Plantings. The front yard of each Lot and the front and the side yard adjacent to the street of each comer Lot shall be fully sodded prior to the occupancy of the residence located on such Lot. Each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Lot cultivated, pruned, free of trash, and other unsightly material. In the event any Owner fails to do so, Declarant or the Architectural Committee shall have the right at any reasonable time to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grass or other plantings located thereon and to charge the cost thereof to the Owner of the Lot. b;lwp!l. l \ocDloocl 6 2.21 Wjndow Coyerini:s. All windows of any residential dwelling which face a street shall have draperies, shutters or blinds installed by the resident or Owner within thirty (30) days of occupancy of the residence. No foil, boards or other similar window coverings shall be permitted at any time. 2.22 Recreational Equinment. No recreational equipment, including but not limited to swing sets, skate board or bicycle ramps, or basketball goals, shall be permitted in the front yard of any Lot or on any street within the Subdivision. 2.23 Wind Generators. No wind generators shall be erected or maintained on any Lot if said wind generator is visible from any other Lot or public street. 2.24 Solar Collecwrs. No solar collector shall be installed without the prior written approval of the Architectural Committee. Such installation shall be in harmony with the design of the residence. Solar collectors shall be installed in a location not visible from the public street in front of the residence. 2.25 ~- No carports shall be erected or permitted to remain on any Lot. 2.26 Garai:e Doors. Garage Doors visible from any street shall be kept in the closed position when the garage is not being used by the Owner or occupant. 2.27 Construction Activities. Notwithstanding any provision herein to the contrary, this Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such consttuction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the Architectural Committee, provided that such waiver shall be only for the reasonable period of such construction. 2.28 Compliance with Restrictions. Each Owner shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Declarant, the Architectural Committee or an aggrieved Owner. 2.29 Liability of Owners for Dama~e to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area and Facilities without the prior written approval of the Declarant or the Architectural Committee. Each Owner shall be liable for any and all damages to (i) the Common Area and Facilities, or (ii) any Improvements constructed on any Lot which damage is caused by the neglect, misuse or negligence of such Owner or such Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or invitee of such Owner. 7 2.30 No Warranty of Enforceabiljcy. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article II or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom. ARTICLE ill BUILDING AND USE RESTRICTIONS 3.01 Residential Use. All Lots shall be improved and used solely for single family residential use inclusive of a garage, fencing and such other Improvements as are necessary or customarily incident to residential use, or for park, greenbelt, open space or other use approved by Declarant. Except as hereinafter provided with respect to model homes, each residence shall have a fully enclosed garage for not less than two (2) cars, which garage shall be available for parking automobiles at all times without any modification being made to the interior of said garage. The garage portion of any model home may be used by the builders for sales purposes, storage purposes, and other related purposes. Upon (or prior to) the sale of said model hOme to the first purchaser thereof, the garage portion of the model hOme shall be converted to a fully enclosed garage. As used herein, the term "residential purposes" shall be construed to prohibit mobile homes or trailers being placed on said Lots, or the use of said Lots for duplex houses, garage apartments, apartment houses, rooming houses, hostels, or communes; and no Lot shall be used for educational, religious, institutional, or professional purposes of any kind whatsoever. No building of any kind or character shall ever be moved onto any Lot within said Subdivision. No manufacturing, trade, business, commerce, industry, profession, or other occupation whatsoever will be conducted or carried on in the Property or any part thereof, or in any building or other structure erected thereon, save and except sales and construction management offices with the prior written approval of the Architectural Committee and compliance with applicable zoning ordinances, as appropriate. 3.02 Buildini Heiiht. No Improvement shall exceed two (2) stories in height and no Improvement greater than thirty (30) feet in height may be constructed on any Lot without the prior written approval of the Architectural Committee. For purposes of this paragraph, height shall be measured from the poured foundation at its lowest point on the Lot to the ridge line of the roof of the proposed Improvement. 3.03 Dwellin& Size. All dwellings shall contain not less than 1,400 square feet of enclosed living space, exclusive of porches (open or covered), decks, garages and carports. The first floor of any two-story structure shall contain not less than 1,200 square feet of enclosed living space, exclusive of porches (open or covered), decks, garages and carports. 3.04 Buildini Materials. All building materials shall be approved by the Architectural Committee, and only new building materials (except for used brick) shall be used in constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized steel sheets are specifically prohibited. Other roofing materials may be used with the prior written consent of the Architecniral Committee, which may specify a minimum quality or grade of materials. The b:\wpU \oc6cleed 8 Architectural Committee shall only approve roofing materials which are of high grade and quality and which are consistent with the eJi:terior design, color and appearance of other Improvements within the Property. The minimum roof pitch allowed on sifl&le-family homes shall be a 4: 12 pitch. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which they project, or shall be of a color approved by the Architectural Committee. No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including without limitation the exterior surfaces of any Improvements. No construction materials shall be stored upon any street in the Subdivision at any time. 3.05 Exterior Walls: Masonry. All exterior walls which face a street on any residential dwelling, including front, side and rear walls, shall be constructed of one hundred percent (100%) masonry, and all exterior walls on a residential dwelling which face a side yard shall be constructed of fifty percent (50 %) masonry. No masonry shall be required on rear walls of a residential dwelling, other than rear walls which face a street, which shall be of one hundred percent (100%) masonry as required above. In the event of any dispute regarding front, side and rear walls, the decision of the Architectural Committee shall be final. For purposes of calculating compliance with masonry requirements, roofs, eaves, soffits, windows, and trim work shall be excluded. Exterior wall surface materials shall be limited to two approved materials, excluding triin, unless otherwise approved in writing by the Architectural Committee. Stucco exterior walls shall be the traditional three (3) coats process unless another process is specifically approved by the Architectural Committee. 3.06 Construction jn Place. All dwellings constructed on the Property shall be built in place on the Lot and the use of prefabricated materials, other than roof trusses, floor trusses, and wall panels, shall be allowed only with the prior written approval of the Architectural Committee. 3.07 Setback Reqyirements· Building setback lines shall be as indicated on the recorded Plat of the Subdivision. No Improvement shall be constructed within such setback lines, except as follows: a. Improvements located below and covered by the ground; b. Steps, walks, driveways and curbing; c. Retaining or screening walls, decks and open porches approved by the Architectural Committee and in compliance with applicable Subdivision and/or zoning ordinances of the City of Cedar Park, as appropriate. d. Landscaping approved by the Architectural Committee. e. Other Improvements approved in writing by the Architectural Committee; provided that no roofed structure shall be so approved, except for minor encroachments by eaves and similar types of minor encroachments. 3.08 ~. The Owner of each Lot upon which a residential dwelling has been constructed or is being constructed, shall construct or cause to be constructed, at the Owner's expense, a six foot (6') wooden privacy fence along the rear and side Lot lines. Any such fence which is to be constructed b:l"!'l .I~ 9 adjacent to any public property, including but not limited to any school property, public right of way, park or greenbelt, shall be constructed with the "face" or finished side of the fence toward the public property in question and in accordance with the Master Landscaping Plan. The cost of construction and maintenance of any fence constructed along a common Lot line may be shared by the Owners of the adjoining Lots; however, such Owners shall be jointly and severally liable for the construction and maintenance of the required fence. All fences constructed on the Property, including the required fences described above, shall be subject to the prior written approval of the Architectural Committee, which may specify the height or location of the proposed fence, specify the materials of which any proposed fence must be constructed, or require that any proposed fence be screened by vegetation or otherwise so as not to be visible from other portions of the Property. Chain link or other wire fabric fences shall not be permitted. Fences, in accordance with this Section 3.08, shall be permanently installed within thirty (30) days of substantial completion of the residence on the Lot. The maintenance of the fence and the columns along Sunchase Boulevard shall be the responsibility of the homeowner owning the contiguous lot. 3.09 Exterior Lighting. Any Owner or builder desiring exterior lighting on a residence shall submit a lighting plan showing all locations, spacing, standard types and light type and sizes for approval by the Architectural Committee, provided that Christmas lights shall be permitted without prior approval during the month of December each year, and provided further that such lights must be removed by January 15 of the following year. No exterior light shall be installed or maintained within the Property that is found to be objectionable by the Architectural Committee. Upon notice by the Architectural Committee that any exterior light is objectionable, the Owner of the Property on which same is located will immediately remove said light or shield the same in such a way that it is no longer objectionable. 3 .1 0 Landscaping. a. ~. It is the intent of these regulations to recognize, utilize and supplement the existing landscape and visual resources by retaining the natural character of the site with its rolling terrain and clusters of trees. It is the further intent to structure a viable introduced landscape, ensuring consistent quality and providing for visual harmony through color and textural variety. b. Landscape and Irrigation Plans. i. Plan Required. Detailed landscape and irrigation plans for each Lot shall be submitted to the Architectural Committee for approval. Upon written request, the Architectural Committee may waive the requirement of a plan for each particular Lot if the builder uses a plan previously approved by the Architectural Committee for another Lot. 11. Revisions. There shall be no revisions made to the approved landscape and irrigation plans without resubmittal to and approval by the Architectural Committee of the revised plan. c. Existing Trees. I. General. Existing trees shall be deemed to be trees, 3" caliper and above. There shall be no disruption of site or existing trees prior to landscape plan approval by the Architectural Committee. Caliper JO measurements shall be taken a minimum of four feet from natural ground. ii. Protection During Construction. Existing trees shall be preserved and protected inasmuch as is reasonable for the intended development. Relief from protection of major trees shall be at Declarant's discretion. Existing trees to be saved shall be pruned and treated for diseases and insects in keeping with good arboriculture practice. Building or paving operations occurring adjacent to existing trees to be saved shall be in accordance with the standards established by the Architectural Committee. Builders shall be available at all reasonable times for on-site inspection of tree conditions by the Architectural Committee. iii. Replacement of Existing Trees to be Demolished. Demolition of existing trees shall mean any operation, including transplanting, which removes, uproots or renders an existing tree incapable of sustaining a healthy and thriving condition. Any existing tree that is determined by the Architectural Committee to have been unnecessarily demolished shall be replaced with a tree selected by the Architectural Committee according to the following chart: Existinr Tree to be Demolished Re,placement Tree 6" + cal. to 12" cal. One 4" cal., 14' ht., 6' spr. 12" + cal. to 18" cal. Two 4" cal., 14' ht., 6' spr. 18" + cal. to 24" cal. Three 4" cal., 14' ht., 6' spr. 24" cal. and up Four 4" cal., 14' ht., 6' spr. NOTE: No existing tree shall be demolished without specific written approval of the Architectural Committee. d. 1ntroduced Ye2etation. All introduced vegetation shall be trees, shrubs, vines, ground covers, seasonal flowers or turf grasse'I which are commonly used in Central Texas fur landscaping purposes. Fruit, nut and vegetable bearing plants other than approved by the Architectural Committee, shall not be considered as common landscaping plants. Applicable standard references shall be current edition Hortus Third, 1976, and the current edition American Standard for Nursery Stock. e. Laudscapine. i. General. Landscaping shall mean any proposed modification to a Lot including, but not limited to, land forming and berming, irrigation systems, landscape subsurface drainage systems, paving, site furnishings, nonstructural retaining walls and introduced vegetation according to the plan approved by the Architectural Committee. b:\...¢.1\c Either permanent turf grass or winter rye shall be established in all turf areas within 90 days of substantial completion of a residence on the Lot. Winter rye shall be considered a temporary measure to reduce soil erosion through the winter season. It shall be completely demolished and replaced with turf grass according to the approved landscape plan by June 1 of the following year. Trees and shrubs shall be planted within the approved construction time limit, the season notwithstanding. iii. Maintenance. Landscaping which has been installed on any Lot, including temporary landscaping, shall be properly maintained at all times. Recommendations by the Architectural committee with respect to tree disease control must be followed immediately. Grasses and weeds shall at no time be allowed to exceed 6" in developed areas and 9" in undeveloped areas. iv. Required Landscaping. Two shade trees, no smaller in size than 3" caliper, sball be planted in the front yard of each Lot other than comer Lots. Four shade trees, no smaller in size than 3" caliper, two in the front yard and two in the side yard, shall be planted on each comer Lot. Existing shade trees located on a Lot may be used to satisfy the foregoing requirements. Front yards, side yards and areas adjacent to building foundations shall be landscaped with trees, shrubs, ground covers, seasonal color and turf grass. All required landscaping shall be completely installed within the time limits established in subparagraph ii above. 3.11 ScreeniJli. a. Intmt. It is the intent of these regulations to provide for a pleasing and consistent visual experience throughout the Subdivision while providing alternatives of method and material to allow for design flexibility and visual variety. b. Landscape as Screeujn~. Where the screen height is to be achieved with landscaping, it may be attained with any combination of retaining walls, berms and shrubs. The screen height shall be fully achieved at the time of landscaping. All shrubs shall be evergreen, shall not be planted farther than 36" on center and shall create a solid screen within one growing season. 12 c. Screening of Mechanjcal EQDU>ment. Any air conditioner unit or other visible utility system constructed in a side yard shall be screened from view from the street(s). d. Screening of foundations. All foundations visible from the street must be screened with landscaping in accordance with this Section 3 .11. e. ~- Fences may be used to screen rear and side yards. Where fences are constructed adjacent to any school or open space, the fence shall be constructed with face toward the open space in accordance with Section 3.08. 3.12 Swjmmjni Pools. No above-ground level swimming pool may be installed on any Lot, and any swimming pool shall be designed and engineered in compliance with the City of Cedar Park Building Code. 3.13 Fourutatioos. No more than eighteen (18) inches ofvenical surface can be exposed and foundations must be screened (in accordance with Section 3.11, above). 3 .14 Mailboxes. A plan showing the location and design of all mailboxes and clustered mailbox systems must be approved by the Architectural Committee. Housing for mailboxes shall be architecturally integrated with the individual residential project and shall be of similar construction and form to said residential project. Individual mailboxes shall not be permitted. a. All residential Lots shall be provided with natural gas lines, and all residential units shall have gas appliances for heating and water heating. Improvements situated on a property shall be connected to the water and sewer lines as soon as practicable after same are available at the property line. No privy, cesspool or septic tank shall be placed or maintained upon or in any Lot. The installation and use of any propane, butane, LP gas or other gas tank, bottle or cylinder of any type, shall require the prior written approval of the Architectural Committee. b. All telephone, electric, cable or other service lines shall be installed underground and shall meet all requirements of the City of Cedar Park, Texas. 3.16 l!aiot. All painted improvements and other painted structures on each property shall be repainted by the Owner thereof at his sole cost and expense as often as is reasonably necessary to ensure the attractiveness and aesthetic quality of such property or improvement. The approval of the Architectural Committee otherwise required for improvements under Article IV shall not be required for such repainting so long as neither the color scheme nor the arrangement of the colors of any improvements, nor the color of any paint thereon is altered. 3.17 Construction Period ~ Once commenced, construction shall be diligently pursued to the end that it may not be left in a partially completed condition any longer than reasonably necessary. b:l~.llooddcocl 13 3.18 Excavation. No excavation shall be made except in conjunction with construction of an improvement. When such improvement is completed, all exposed openings shall be back filled and graded. 3.19 ~- Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes. ARTICLE IV MAINTENANCE 4.01 Dutv of Maintenance. Owners and occupants (including lessees) of any Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage easements or rights-of-way incident thereto, and vacant land, in a well-maintained, safe, clean and attractive condition at all times. Required maintenance includes, but is not limited to, the following: a. Prompt removal of all litter, trash, dead vegetation, refuse and waste; b. Lawn mowing on a regular basis (maximum grass height for developed properties - 6"; undeveloped property - 9"); c. Tree and shrub pruning; d. Watering landscaped areas; e. Keeping exterior lighting facilities in working order; f. Keeping lawn and garden areas alive, free of weeds and attractive; g. Keeping driveways in good repair; h. Complying with all government health and police requirements; i. Repair of exterior damages to improvements; j. Cleaning of abutting landscaped areas lying between public right-of-way lines and Lot lines unless such streets, waterways or landscaped areas are expressly designated to be Common Properties maintained by applicable governmental authorities or the A&Sociation; and k. Backwashing of swimming pools will be prohibited upon any adjoining property (public or private) and must be directly connected to the appropriate drainage system. 14 4.02 Enforcement. If, in the opinion of the Architectural Committee, any such Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Architectural Committee may give such person written notice of such failure and such person must, within ten (10) days after receiving such notice, perform the care or make arrangements with the Architectural Committee for making the repairs and maintenance required. Should any such person fail to fulfill this duty and responsibility within such period, then the Architectural Committee, through its authorized agent or agents, shall have the right and power (but not the obligation) to enter onto the premises and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any part of the Property on which such work is performed shall jointly and severally be liable for the cost of such work and shall promptly reimburse the Architectural Committee within thirty (30) days after receipt of a statement for such work from the Architectural Committee, then said indebtedness shall be a debt of all said persons jointly and severally, and shall constitute a lien against that portion of the Property on which said work was performed, which lien shall bind the Owner, and the Owner's heirs, personal representatives, successors and assigns. The aforesaid lien shall be superior to all other liens against a Lot, except for tax liens and all sums paid on a first mortgage lien or first deed of trust lien of record, securing, in either instance, sums borrowed for the acquisition or improvement of the Lot in question. To evidence such lien, the party performing such maintenance, repair or replacement shall prepare a written notice of lien ("Notice of Lien") setting forth the amount of the unpaid indebtedness, the names of the owners of the Lot covered by such lien (the "Obligated Owners"), and a description of the Lot covered by such lien (the "Obligated Lot"). Such notice may be signed by any person or entity who has performed such maintenance, repair or replacement and shall be recorded in the Official Records of Williamson County, Texas. The lien for payment of such maintenance, repair or replacement expense shall attach with the priority set forth above and may be enforced by foreclosure upon the Obligated Lot in the same manner as a mortgage upon real property at any time subsequent to the recording of the Notice of Lien described above, or the person or entity who has performed such maintenance, repair or replacement may institute suit against the Obligated Owners or any one of them andior for judicial foreclosure of the lien. In any foreclosure proceeding, whether judicial or not, the Obligated Owners shall be required to pay all costs, expenses and reasonable attorney's fees incurred by the party instituting such foreclosure. All sums which are not paid when due shall bear interest at the highest rate permitted by law, or, if there is no such highest rate, the rate of twelve percent (12 3) per annum. ARTICLE V ARCIDTECTURAL COMMITTEE 5.01 Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting members ("Voting Members") appointed by Declarant and such additional nonvoting members serving in an advisory capacity ("Advisory Members") as the Architectural Committee deems appropriate. The initial members of the Architectural Committee shall be ___ Don Dykstra Steve Pi ttard and Tj m Stewart 5 .02 Action by Architectural Committee. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members. 15 5.03 Advisory Members. The Voting Members may from time to time designate Advisory Members. 5.04 Imn. Each member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. 5.05 Declarant's Ri~bts of A12poinuneut. Declarant, its successors or assigns, shall have the right to appoint and remove all members of the Architectural Committee. Declarant may at such time as Declarant, in Declarant's sole discretion, deems advisable, delegate this right to the Voting Members by written instrument. Thereafter, the Voting Members shall have the right to appoint and remove all members of the Architectural Committee. 5.06 Ado(2tion of Rules. The Architectural Committee may 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, including but not limited to a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable. 5.07 Function of Architectural Committee. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Committee, and construction thereof may not commence unless and until the Architectural Committee has approved such Plans and Specifications in writing. The Architectural Committee 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 its conformance with Plans and Specifications approved by the Architectural Committee. The Architectural Committee may review Plans and Specifications submitted for its review and such other information as it deems proper. Until receipt by the Architectural Committee of any information or document deemed necessary by the Architectural Committee, it may postpone review of any Plans and Specifications submitted for approval. The decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The Architectural Committee 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. 5.08 Pre1imioary Plan Submissions. The Architectural Committee may consider, review and approve preliminary Plans and Specifications ("Preliminary Plans") which shall be submitted in duplicate, on an informal basis, in order to assist Owners, builders and prospective purchasers of portions of the Property in complying with the Restrictions, and to assist in the oompletion of feasibility studies undertaken by such persons or entities. If a set of Preliminary Plans is approved by the Architectural Committee, one copy of the Preliminary Plans shall be retained by the Architectural committee and one copy of the Preliminary Plans shall be marked "Approved" and returned to the Owner or other party requesting approval. If a set of Preliminary Plans is disapproved as a result of noncompliance with the Restrictions, one set of the Preliminary Plans shall be returned to the party requesting approval, together with a statement of items determined not to be in compliance. If the Architectural committee fails to approve or disapprove any Preliminary Plans within thirty (30) days after submission, such Preliminary Plans shall be presumed approved. The approval by the Architectural Committee of any Preliminary h:lwpS.11....s4oed 16 Plans shall be binding on the Architectural Committee provided that final plans and specifications which conform to the approved Preliminary Plans are submitted to the Architectural Committee within ninety (90) days thereafter. 5.09 Final Plans and Specificatjons. Final Plans and Specifications for residential project shall be submitted in duplicate to the Architectural Committee prior to construction of any Improvements. The Architectural Committee is authorized to require the submission of samples of proposed construction materials with the final Plans and Specifications. The final Plans and Specifications shall include, to the extent applicable to the proposed improvements as determined by the Architectural Committee, the following: a. A site plan showing the "footprint" of the building and showing the location of all existing trees with a caliper exceeding 3" (indicate size and type) and proposed improvements, including, but not limited to, structures, patios, driveways, fences and walls. Builders seeking VA/FHA approval of their residential projects shall submit grading plans in accordance with FHA requirements. b. Exterior elevations of all proposed buildings and structures. c. A description of exterior materials, colors, textures and shapes of all buildings and structures. d. Landscape plan including walkways, fences, walls, details, elevation changes, watering systems, vegetation and ground cover. e. Utility connections, including meters and routing of electrical, gas and telephone and television cables. f. Exterior illumination, if any, including location. g . Dimensional floor plan of all enclosed spaces and any garages. h. Such other matters as may be required by any municipal or governmental authority having jurisdiction over the Property. i. Any other data or information requested or deemed reasonably necessary by the Architectural Committee. If a set of final Plans and Specifications is approved by the Architectural Committee, one copy of the final Plans and Specifications shall be retained by the Architectural Committee and one copy of the final Plans and Specifications shall be marked "Approved" and returned to the Owner or other party requesting approval. If a set of final Plans and Specifications is disapproved as a result of noncompliance with the Restrictions, one set of the final Plans and Specifications shall be returned to the party requesting approval, together with a statement of items determined not to be in compliance. If the Architectural committee fails to approve or disapprove any final Plans and Specifications within thirty (30) days after submission, such Plans and Specifications shall be presumed approved. h:lwpS.l \oor5deod 17 5.10 Actions of the Architectural Committee. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the absence of such designation, the vote of a majority of all of the members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 5 .11 No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent a to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person. 5 .12 Work in Pro~ress. The Architectural Committee, at its option, may inspect all work in progress to insure compliance with approved Plans and Specifications. 5 .13 Nonliability. Neither the Architectural Committee, 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 of injury arising out of their being in any way connected with the performance or non-performance of the Architectural Committee's or the Board's respective duties under this Declaration. 5.14 ~. Plans and Specifications shall be submitted to the Architectural Committee in care of Pulte Horne Corporation of Texas, 3301 Northland Drive, Suite 410, Austin. Texas, 78731 or such other address as may be designated from time to time. 5.15 Review Fee. The Architectural Committee shall be authorized to assess a reasonable charge for review of any Preliminary Plans or Plans and Specifications which it is requested to review under the terms of this Declaration. The Architectural Committee shall not be required to commence review of any such plans until the required fee is paid. ARTICLE VI EASEMENTS 6.01 Reserved Easements. All dedications, limitations, restrictions and reservations shown on the Plat and a;; grants and dedications of easements, rights-of-way, restrictions, and related rights made by Declarant prior to the Property becoming subject to this Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the property. Declarant reserves the right to make changes in and additions to the said easements and rights-of-way for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights-of-way and easements for public utility purposes (including, without limitation, gas, water, electricity, telephone and drainage), in favor of any person or entity, along and 18 on either or both sides of any Lot line, which said easement shall have a maximum width of 7 .5 feet on each side of such Lot line. 6.02 Installation and Majntenance. There is hereby created an easement upon, across, over and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including, but not limited to, water, gas, telephones, electricity and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no electrical lines, water lines or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements. 6.03 Drajna~ Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by the Architectural Committee. 6.04 Sur{ace Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area. ARTICLE VII ADDffiON OF LAND It is contemplated that Declarant will develop certain real property now owned or hereafter acquired by Declarant for residential purposes and add such real property to the Property. Declarant may, at any time and from time to time, add additional lands to the Property, and upon the filing of a notice of addition of land as hereinafter described, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall apply to the added lands, and the rights, privileges, duties and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Williamson County, Texas, a notice of addition of land (which notice may be contained within any Supplemental Declaration affecting such land) containing the following provisions: b: \o.pS. I loorScleed 19 a. A reference to this Declaration, which reference shall state the book and page numbers of the Official Records of Williamson County, Texas wherein this Declaration is recorded; b. A statement that the provisions of this Declaration shall apply to the added land; and c. A legal description of the added land. ARTICLE vrn MISCELLANEOUS 8.01 Imn. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until December 31, 2016, unless amended as herein provided. After December 31, 2016, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten ( 10) years each, unless amended or extinguished by a written instrument executed by the Owners of at least three-fourths (3/4) of the Lots within the Property then subject to this Declaration and filed in the Official Records of Williamson County, Texas. 8.02 AznendIDent. a. By Declarant. This Declaration may be amended by the Declarant, acting alone, until December 31, 2000, and thereafter for so long as Declarant owns a majority of the Lots in the Subdivision. No amendment by Declarant after December 31, 2000, shall be effective until there has been recorded in the Official Records of Williamson County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment and certifying that the Declarant had the requisite number of votes. b. By Owners. In addition to the method in Section 8.02a this Declaration may be amended by the recording in the Official Records of Williamson County, Texas of an instrument executed and acknowledged by the Owners of at least sixty percent (60%) of the total number of Lots in the Subdivision. 8.03 ~. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to b:lwp.l.1-- 20 the person at the address given by such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association. 8.04 lntetpretation. The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas. 8.05 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct and alter drainage patterns and facilities, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales and leasing anywhere within the Property. 8.06 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder. Any such assignment shall be in writing and filed of record in the Official Records of Williamson County, Texas. 8.07 Enforcement and Nonwaiver. a. Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense, Declarant, and/or the Architectural Committee shall have the right to enforce all of the provisions of the Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. b. Nonwaiyer. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions. 8.08 Construction. a. Restrictions Seyerable. The provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. b. SjnguJar Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. b:l"PS. llomdoed 21 c. CaptjoPB. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sectiom or articles hereof. IN WITNESS WHEREOF, Declaumt lWi executed this Declaration as of this the ~day of November , 1996. Declarant: a By: I~:~~~~.;.__;_;;..;;..=-....;,;.~~ THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledied before me ~+-day of ~o\/e.VYlber, 1996 by ~ n !?:> · Y\11 C:.C..\a.in , ~~ ~ of Pulte Home Corporation, a Michigan corporation, on behalf of said corporation. ~ ~ n. .f\ n f::=fi ~ l.A.-l~ Notary Public Signature LISA PRICHARD NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 6·26-99 22 EXHIBIT A DESCRIPTION OF THE PROPERTY The property includes Lots 1-7 of Block "A", Lots 1-2, 4-6, 9, 13-17 of Block "B", Lots 8-13, 19-20, 25, 27-28, 30-33, 35-37, 39, 41-46 of Block "C" and Lots 28-35 of Block "D'', The Ranch at Cypress Creek Section 5, a subdivision in Williamson County , Texas according to the map or plat thereof recorded in Cabinet M, Slide(s) 279-282, of the plat records of Williamson County. Texas ("Property"). Doell 9662443 *' Pages: 23 Date : 11-27-1996 Time : 03:48:24 P.M. Filed & Recorded in Official Records of WILLIAMSOH County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 53.00 I . """""rlinl.. TQ: FIP~T AMJ...'YUC.A:'ll' m'tt GF# _(::...... !-\,J~c.t.:....il\~( ...,)1---- PBCJ.ARATIQN or ANN11XATION DOCtt 9701224 · STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § This DECLARATION OF Ai.'lNEXATION (this "Annexation") is executed to be effective ae of the Jrd day of Decr:ml:>er, 1996, by PULTE HOME CORPORATION OF TEXAS, a Michigan corporation ("Declarant~), and the Home Owners to be listed on Exhibit A attached hereto (collectively, the "Home Owners"). lf I T N B S S i: T H: WHEREAS, except for the Home Owner Lots (as hereinafter defined), Declarant is the current owner of all the lots and real property (collectively, the "Property") at The Ranch at Cypress Creek, Section Five (the "Addition"), an addition located in Williamson County, Texas, all of which Property is described in Exhibit S attached hereto; WHEREAS, each of the Home Owners own a lot (collectively, the "Home Owner Lots") within a portion of the Property located in the Addition, which Home owner Lots are more particularly described next to each of the Home Owners' signatures set forth below; WHEREAS, Declarant placed certain restrictions on the Property in the Addition by executing that certain Declaration of Covenants, Conditions and Restrictions for The Ranch at Cypress creek, Section Five (the "Original Declaration")', dated as of November 29 , l9 96 and recorded on NnyPmher zJ7 , 1!:)96 in Clerk' e Doc· No. 9"60244 3 of the OfficTa) Records of Williamson County, Texas; and WHEREAS, Declarant now desires to annex the remainder of the Property pursuant to the Original Declaration and the Home owners desire to evidence their approval of such annexation with respect to each of their respective Home OWner Lots in the Addition. NOW, THEREFORE, for and in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant and the Home Owners hereby agree as follows: 1. All capitalized terms used in this Annexation, to the extent not otherwise defined herein, shall have the meanings ascribed to auch te:ans in the original Declaration .. 2. The parties hereto hereby agree that from and after the date hereof, each of said parties' respective Home OWner Lots is hereby automatically incorporated into and ma.de subject to the terms of the Original Declaration as if origine.lly made a part thereof. -1- OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 3. Declarant hereby acknowledges, agrees and confirms that it owns all portions of the Property other than the Home Owner Lots. Each Home owner hereby acknowledges, agrees and confirms that he and/or she owns the Home Owner Lot described next to hie or her respective signature set forth below. 4. This Annexation may be executed in two or more counterparts, each of which will be deemed an original, and all of which together shall constitute one and the same instrument. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] - 2- EXECUTED by the undersigned parties to be effective •• of the ~te fir•t ••t forth above . DiCLARAN'l' : PULTZ HOMB CORPO TBXAS, :,~ichi~ Name: _ <:p1rrru;-p Title: rt NkNW M.-- MA k'f?C STATE OP TBXAS s I COTJNTY OP~\}\ S I BBPORB MB, the undarlJigned ~~borit, a Notary Publ~' c on this day per11onally appeared 91-i-\{e. '~ , BNANQA;!..;r of Pulte Home Corporation of Texae~~gan corporation;cwn to me to be the person who•• name i• •ub•crib9d to th• for99oing inatrument, and acknowledged to me that he eQcuted the eame for the purpc•• and conaideration therein expre••ed, as the act and deed of Pulte Home Coxporation of Texaa, i n the capacity therein atated. (2.._~ GIVBM tJNCBJl MY HAND .ARD SBAL OP OFFICE, this -0 day of 1'o~flN9!111111bem-....:r, 1996 -~ -- '[)ecet-y-)~ · ~ [SlW.] .£#.tuJ}~ My Commission Expires: the State of Texas ~~~~d~~~:.i)."'C- - ~1: -· ' USA PRI CI L"-, ~', U :.c,::.1.~:), NOTARY f'Ur}:.1c . STATE OF iT:,.:1'-:.; ; - , My Cor._ •~. Exi:. ~- · ,_ RECORDERS MEMORANDUM All or pans of tire telCt on this J)e&e wu not clearly legible for satisfactory record11tion. HQMB OHQM: ~~r!I;~ LOT 3 , BLOCK ~. OP THE RMCH AT CYPRESS CREBK, SECTION :nw, A SUBDIVISION ur WILLIAMSOB COtJBTY I T&ZAS ACCCIU)INQ TO TD MAP Oil PLAT THBUOF RBCORDBD Ill VOLOD -M --, PACD~-~ MAP UCORDS OP iltnAMSOlf colli'l'r,. TEXAS. STATE OF TEXAS I I COUNTY OP!FftJ is • BBPORE MB, tti. UDde~d™authorit, a Rotary Pub!ic:,onW" day pereonally appear~- and~ ~ individually known to IDll to t penonelrH nwe are subacribed to the foregoing iutnment, and acknowledged to me that they each exec:uted the aa.e for tbe purpoae and conaideration therein expre•••d, in the capacity therein etated.. ~ GIVBH CJIDliR MY HUD AND SSAL OF OFPICB, this ~ day of @~996. [SEAL] My COmmi••ion Expires: ~~the Stat• ' ~ ,.: . ,.,9X•8t_1sA PRICHARD .: .~~. NOTARY PUBLIC \.Jff}. STATE OF TEXAS ;~~[~~,. My Comm. Exp. 6-26-!r < •"Vi,,...... ,.();)'i)<>•:"". ...,. .. '.' • , .~r ·· ..... ~. ~~ -4- RBCOllDERS MEMOfW'IDUMthiS ...__ Wll not All ~ parts of the text on ....- . 0 . f-•nrv recordatton. clearly legible for satls -~· / "' ..... STATE OF TEXAS § COUNTY 011' l(?.f.\;J \ S : BBFORE MB, the under.t~autho~t, a 1'ot~Publ!'? oq ~hi• c-i day personally appeued ~_ _ and ':j-~ ''·UW:::. individually known to me to t pereon•we name• are 11ub11cribed to the foreg-oing- inmtziment, and acknowledved to lll8 that they each executed the •a.e !or tbe purpo•e and conaideration therein expre••ed, in the capacity therein etated. ,l ~ GIVBN mmu. MY HAND AND SBAI.i OF OFFICE, thie ..:22.: day of ~r, 1996. b=~~ ~ [SRAL] ..fJJ~"iii&ildfu My CommiHion ~ires: the ·~~c:t'••PA ci>~ "'"'''" · .A~j) USA PRICHAR ~) /·~'fl.f'~< NOTARY PU6Ut.:: '"'\"'})~} STATE OFT:~· ~ ·.. :: ~ .._ ~ ::;.i My Con'm. E..~p. · l .;, · · .-.. -;- .-... :--...c ~;.<~"~-"'1 - --.:: - ~ -4- RECORDERS MBMORA!U>UM All or piins of tM. text on thia page waa_not clearly legible for satisfactory recordation. ffOME OIQIBRS: STATE OF TEXAS I COUNTY or}\?:Pri\ S : BBPORE MB, tba und•r•igned authority~ a Rot~l~ on t~J day personally appeared'ICJP ~nt-.1.:::i and .t'.iWV~'9 individually known to me to e person• w .~ ·· : names are subscribed to the for990ing iutziment, and acknowle· -d to me that they each axecuted the a.-e for tbe purpoee ant. .:>nsideration therein expr••••d, in the capacity ther.in •t~ted . ~ m ~IVD ORDliR MY HMO AND SBAL OF OFPICB, this ~ day o! ~~ ... ~~ we; PUbifcand for My Commi••ion EXpires: the State of Texas ~w~'-·· , ;,, •., LISA PRICHARD ·.:~~9 NOTARY PUBLIC ·i ~~ STATE OF TEXAS -~ ;~ c• \,,,_.;· My Cof'l"lm. Exp. 6-26-S9 ~-:---0--0.~~-t"' ,~·... .,...... -4- RBCORDERS MEMORANDUM All or perts of t!lt' te JCt Ill' this f'llE!f. '/· '· - clearly Ieaible for satisfactory recor STATE OF TEXAS I COUNTY OF ='(uw tL':. : BBPORE MB, the unde~i~d authorit;y, a Rotuy Public, on this day per•onally appeu-ed ~fulli~~i~>· andU.IZ.':::.\A.U\ BW~ , individually known to me to ~ pereon• wbO•e name• are subscribed to the foregoing imtziment, and acknowledged to me that they each axecuted the •a11e tor the purpo•e and con•ideration therein expr••••d, in the eapaeity therein etated. /1 !J.roc GIVBN tDIDBR Mr HUD AND SBAI.t OF OFFICE, this if day of -~Hce,.C211110~11t:::=:111t:@ -~ [SEAL] My Commi••ion Bxpirea: ·· .~ < ~~:; ~'$-V.1U-: .4. RECORDERS MBMC&VGXJM ..\II or pans of tl1' text on dlia pqe WA• ,,.,t 1;icarly Ieaible for Mtiafllctory recordari:-·• HQME 0!001jR$: Name wt' \I , BLOCK b, OP THE RAlfCH A.T CYPRESS CREEK, SECTION i'IVB, A SU»DIVISlON IN WILLINISOB cotDft'Y, 'l'SDS ACCOR.DING TO '1'llil MAP ~PI.AT ~CORDBO Ill VOLOMB , PAaa - MAP RECORDS OP If LLIAMSOll , TBXAS. STATE OF TEXAS I COUNTY OPI~ \S : BBPORE MB, th• undenisinod auth12t~ a Notary I>ublic:, on thi8 day peraonally appeared A--1~ f± and.------individually known to met0"1MI ~ peraon• who!!e :.-.amee are subscribed to the foregoing inatnment, and acknowledge:d : o me that they eac:h o:ecuted the •aae for tbe purpoee and consideration therein expr••••d, in the capacity therein •tated. ,,..,..,(}) GIVD mmu MY HAND AND SBAL OF OPFICB, this _::7_~d day of Ne1 1!'41ue:r, 1996. 1de~ [SEAL) ffi~ ¢v_(M_aJl •ota:r:y I>ublic: in and for My Commieaion Expires: the State of Texas -4- LOT \ '2. , BLOCK b , OP THE RMfOi AT CYPRESS CREEK, SECTION i'IVB, A SU8])IVISIOl'l IN WILLIAMSON COtJlft'Y, TIXAS ACCOIWINQ TO TD MAP LAT ~ IK VOLUMI , P~ - MAP R&CORDS OJ' AMSON , TZXAS. STATE OF TEXAS I I COUNTY OP 1\¢!->J p I BBFORE MB, the undere~igneda t~bo ity, a Ro~lic,o:- thi• day per11onally appeued -~§.;an · -OO~;~!J~ individually known to me to t • per•one w •• name• are 11ub11cribed to the foregoing inetrlDl8Zlt, and acknowledged to me that they each axaeutetS the eame for the purpo•e and conaideration therein expre•••d, in the capacity therein •tated. ~ GIVBN tJNDKR MY HU]) AND SBAL OF OP'FICB, this _a: day of (J)~~6. [SZAL) My Commi•eion Bxpires; the State of Texas RSCORDBRS MEMORANDUM -4- All or ,_..,. of the text on dil PllO was noc ; ·, ,..i, l.e ~ihl~ for satisfactory recordaiir-· Name \\.\..Eu~ ~~It LOT IL{ , BLOCK _L, OP THE RAll'CH AT CYPRESS CREEK, SECTION i'IV&, A SUBDIVISION IN WILLIAMSON COCNTY, T8XAS ACCORD Dia TO TD MAP. OR PLAT TBBRBOF UCORDBD Ill VoI.'OME .....M...._, PAID~;l. MAP UCORDS OP 'KILL?AMSON C , TBXAS. STATE OF TEXAS I COUNTY op~v Ls : BBFORE MB, th9 und•r•i~eduthority, a Notary P\.\b,lic, ~~t~~ ~) day personally appeared~- ~and ~c,_c;;A... ..!J~ individually known to me to t;p;lnon• on name• are aub•cribed to the foresioinsi inatruMnt, and ac:knowledg'ed to me that they each mceeuted the •uae for tbe purpo•e and con•ideration therein expre••ed, in the capacity therein •tated. rJ... /.J::l\ tnVBJ:( tJHDBR MY HAJfD AND SML OF OFFICE, thie ~ day of ~,1996. ~~ ~ tsEAL1 -~in~L My Commi••ion Expires: the Stat• of Texas -4- RBCORDBRSMBllCRANDt JM All or pll'll of die rext on Ibis pqr, ,.,,,. M l clearly leeible fur ..OS&ctory reconJ,,.;, ,, STATE OF TEXAS . sI COUNTY OF \@ID) lS I B:SFORE MB, the under~d authority, a Rotary Publi~nthb day personally appeared.~lif ~ and\~_, individually known to me to ~enon•lr 8 name are •ub•cribed to the forewoiog in.truaent, and acknowl~d to me that they each executed the •uie for the purpo•e and conaideration therein exprea•ed, in the capaeity tber.in atated. tel.. ~VBH1 ~BR Mr HAND AND SBAL OP OFFICE, this .3- day of ~~6. [SEAL] »>.ifiJt:. My e~ Commiaaion EX.Pires: the State of Texas RSCORDBRS MEMORANDUM -4 - All or pert1 of the text on dlia peae WPS not clearly leatble for utisfletOry record11io11 Nuie LOT I (p , BLOCK <:!- , OP' THE RUCH AT CYPRESS CRBBK, SECTION i'IVB, A SlJ8DlVISION IN WILLIAMSON COCNTY, ftZAS ACCOJU>INQ TO TD MAP OR P~T ~ Ill VOLUME YY\ , PMS - MAP UCORDS Oi' iilttIAMSON C , TEXAS • STATE OF TEXAS Ii I couam: OI' :19~ I BBFORE MB, the und•~i~d~tlio~t, a notary PuOlic, on thi• day peraonally appeuedf.;il' (DAL] ea1t11L4,,~ Rotary Pub~.l.c ; .. and for the State of Taxaa WIASUWYAN i IL.l""'l...... 'u Notmy PuWic, Stile of Ttxas I My COlllll&oa Exp. 02-28-00 i -4- IUlOOlD8RS MBMORAND11M All Of~ of die text on Ibis pev; wt ' ~ 11 1 c \~ lqible.for Wisfactory rrre STATE OF TEXAS II I cOONTY or'lfu.'\1iS I BBFORE MB, tha under•~daut~i y, a Wotary J?ul:)lic, on thb day per•onally appeued. · and individually known to -~ tep•r•on11-w..h_o_11_e_na_me_s __ ar-e subscribed to the foregoing i:wtriment, and acknowledged to me that they each executed the •uae for tbe purpo•e and co119ideration therein expre•.. d, in the capacity ther.in etated. ~ GIV'Blf mmu. MY HAlfD ARI> SUL OF OPPICB, thie 2- day of fioueutb..., 1996. ~~ (SZAL] WJ,rfb VAL~ N'otar1'P\lblic m and for My C:ommi••ion SXpires: the State of Texas -4- RBCORDERS MBMOltANOOM All or puts of the text on dlit P1f8 W11 not clearly leJible for satisfactory recordation HOME OJQllBS: .. ~~(~ STATE OF TEXAS II s COUNTY oil~\.$ • BBFOU MB, the unde~ aut~~a l'lota~ublic, on thia day peraon.ally appeand \~(( · and I l~~ , individually known to 1n11 to bi t9P8r•on• 7ol'lf" · ..:::l!I are subscribed to the foregoinw imtrument, and acknow, ,,. .J me that they each exeeuted the •aae for tbe PUZ'l'O"' · - deration therein expre••ed, in the capacity therei~ ~ GIVBN mm~ HAND AND SBAL O~ OFPIQ:. , ~nis ~ day of ~(!!l) [Sll!AL] H'ota~~~ PUblic il. and for My Commi••ion Expires: the State of Texas -4- RBCORDBRS MEMOllANDVM f\\\ OI' p11t1 ~the text on dU &»II wa~ ""t e,ltlfly \talblo for satisfactory record1ti ,,,, STATE OF TEXAS I COUNTY oi\\ff\'J i<; : BBPOU MB, the underm.d aut,llorm! a Bot~lic;:~JU,8i..fl r day per11onally appeued - ~ ~ - and _ A (\1\-,llr-t· individually known to me to kf! ihe peraonawee names are 11ubacribed to the foregoing in.tri.ment, and acknowledged to me that they eac:h ex9CUted the •uae for tbe purpoae and conaideration tberein expr••••d, in the capacity therein atated. n r2 1~ GIVD mm~HltBD AND SUL OF OFF I CB, this _,::._;,__ day of ·~..;11tttc~_ ;Ne111tllbll!!i-.e~~96. w [SEAL] lfotuy~~dJ P1ml1c: :..• and for My Commiaaion Expires: the State of Texas -4- QCORDDS MBMalAMD1.JM All or pirll ~die IOXt Oft dlil pep W2S nc1t all!MI) 1.,tble for aatiSflCUll'y recordati<'I' - LOT -:J-'.2-, BLOCK c_, , OP THE RAJJCH AT CYPRESS CREEK, SEcrION J'IVB, A SUBDIVISION IN WILLIAMSON coaNTY, nDS ACCORDIHa TO TD MAP Oil PU.T r~Qr UCORDBC Ill VOL~ r\lf-, PAQ~ MAP RKCORDS 011' i!ttfAMSCllf C , TBXAS. STATE OF TEXAS S COUNTY or 1fluJ iS : BBPORE MB, th9 und•rmd au~~y, a :~lie, o~Ghi.• day pereonally .pp•arecl S "-" an 4~ , individually known to 11111 to & t p•nonswn name• are subscribed to the fore~ing il18tri.ment, and acknowledged to 111e that they each executed the •a.e for the purpoae and con.ideration therein expre•••d, in tb• capacity tb9r.in etatad. ~ GIVD mmu~ HUD Am) SBAL OP OFFICE, this .a_ day of ~~~~¥1••e&11111111;1i;aeaer,1996 (.J;f!jJ [SEAL) My Commiaaion ~ires: -4- RBCORDBRS MBMORANDUW All Qf J*'I ti the text on dlia peae .., ,~, ~0 1 clowly lqlblo for satisfactory recordati0., LOT 23 I BLOCK ~ , OP THE RANCH AT CYPRESS CREEK, SECTION i'IVB, A stJllDIVISION IN WILLIAMSON comm, TSXAS ACCORDING TO Tlli1 MAP ~T lsrCORDBO Ill VOLUME , PAG8 ~+ MAP UCO'RDS OP ANSON I TEXAS. STATE OF TEXAS • 8 COUNTY OP~ Vfz : BBPORE MB, the under•Mtbority, a Notary Public, OE\.._thi• day penonally appeared"\1: ~ and ~ fPGL-C , individually known to me to hP9r•on• wee names are •ubecribed to the foregoinSJ iutru11ent, and acknowledged to 1118 that they each ex11euted the •uie for the purpo•e and col19ideration therein exprea•ed, in the capacity ther.in etated. ti)_ AND SBAL OF OFFICE, this ~ day of [SEAL] ff;~~ Notary Public in and for My Commi•aion Blqlires: the State of Texas ~ 0 05 LOT 94- , BLOCK c__,, , OP TH!! RANCH AT CYPRESS CREEK, SECTION i'IVB, A SQBlJIVISION lll' WILt.lMSON comrrr, TUAS ACCORDING TO TD MAP OR. PLAT ~SD I1ll' VOLOMB M , PACD ,.. MAP RKCORDS OP ifftLIAMSON I TBXAS . STATE OF TEXAS I COUNTY OP -:W BBPORE MB, tb.9 und•r•i~d iiltbo~rit, a Rotary Publi~~· 1 day personally appeared "JWvta,: __ and~\ ~~ individually known to me to t • per•on• wn name• are aub•cribed to the foregoing in11tnment, and acknowledged to me that they each executed the •ame for tbe purpo•e and conaideration tberein expr•••ed, in the capacity therein •tated. rr:£_ GIVBN tJJIDBR M'i HAN[) AM> SBAL OF Of'PICE, this ~ day of ~99~ . 0V , (SEAL) ~ _(j)-,{cl~ ___.. Pub...... _l...,.i_c_.l.ll c. •. :i for My Commi••ion BXpirea: ate of Texa.; -4- RE!CORDBRS MBMOJlANDVM All or •-·...- of the ...x... t on ...,_.... Jllllt was not cleuly lealblo for satisf.-tory _,.,._, · - •-..1uatton. Name PAMELA L. SHAW LOT 2 5 , BLOCIC. C , OP THE UltCH AT CYP'RHSS ami£, SECTION FIVE, A SQBDIVISIQfi Ill WIJ:.LlAHSON WOBU' I 1'UA8 ACOOIU>I.NG '1'0 TD MAP Ol PLAT 'l1ll:UOll' imcoanim DI VQWME M , pgZT'J-Z87m-RB S'l'Aft 017 TEXAS I comrrr ~~ (S. : BBFOaB MB, the undersigned authority, a Rotary PubJ.ic, ~ thi• day peraonally ~ DWAIN SHAW and PA:MELA L. SHAW I individually known to M to bi €fu! persona vhOie Il.Ules are sul:>acribed to the foregoing inatnment, and aclmowledged to me ~hat th•y each executed the eaae fo: the purpo•e and contiideration therein expreued, in the capacity therein etated. ~ ~ GIVBH tD1DKR MY HUD AND SEAL OF OFFICE, this .Q_ day of tSlJV 1'ouembe1:, 199&. ~.=Der ~-~ ~ic in and for My ~aaion Expires; t e state of Texas USA PRICHARD NOTARY PUBLIC ST ATE OF TEXJ~S My Corr,m. Exp. S· :.r,.w -4- RBCORDBRS MBMORANDUM All or p11t1 af the text on Ibis PIF Wll not clearly te1ible for satisfactory rccorda&i oo. ~ 00 .) LOT ?.(p , BLOCK OP THE RUCH AT CYPRESS CRBBK, SEcrION i'IVE, A SUBDrvISION IN WILLIAMSON COtJNTY, TSZAS ACCORDIHG TO THE MAP OB. ...PE.lT THIRBOF ~WRDBtl IR VOLUMI! (Y) , PAGSztcl-~MAP RKCORDS 011' WILLIAMSON c08A'fY, TEXAS . STATE OF TEXAS II COUNTY op\ra.__v~S : BBPORE MB, the und.er•igned authority, a Not~Publi~:ntJii• day personally appearedc.mifz. ~and -~ ~~ , individually known to me i!ob8tii8P8rsona won na•• an subscribed to the foregoing imt%'\mant, and acknowledged to me that they each executed the .... !or tbe puzpo•e and con91deration therein. expreHed, in tha capacity therein •tatad. ,,.J._, GIVBll mmllR MY HAND AND SBAL OF OFFICR, this '6 day of )fe1141:1:1·~·•1111118111Merrr, 199 6 • /'C;S\ ~~~ [SZAL] My Commi••ion Expires; - 4- RBCOE>BRS MBMOIANOOM All or pans of the text on thit pep WU not clearly leaiblt for satisfactory rec:ordation L~LE. LOT .?-5 , BLOC.K c_.., , OF THE RAlfCH AT CYPRESS CREEK, SECTION PIVB, A St18DIVISION Ilil WILLIAMSON comrrY, TSltU ACCORDINQ TO TD MAP OR PLAT THBRBOP ,AB~ Ill VOLlJME rt\ , PACm~~MAP RKCORDS Oi' ifLLIAMSOX C , TBXA.S. STATE OP TEXAS I COUNTY OF..-:-:;::; t~ lS- 'I BBFORE MB, the unde~~d authorit;y, a Rot~ Public,~• day personally appearedfY~~t:._1€ andN ,.f(2.i E §I !:::!::f§f..l,F-: individually known to me tObithi per.on• WhOse name• are aub•cribed to the foregoing imitximant, and acknowledged to me that tbey each executed the saae for tbe purpo•e and conaideration therein expre•••d, in the capacity tbert1in etated. ~ GIVBN tOO:>&R MY HARD ARD SUL OF OFFICE, this ~ day o! ~-...... ,,.,~,·@ [SEAL) Katiii~lli~ My Commi••ion Bxpirea: the State of Texaa RBCOllDBRS MBMORANOOM All or I*" ~the text on tbh Pll9 was not c:IOlll'IY l•af bit tor 11tlaf11etory recordatlon. -4- Name V-.JlU-\k/V\... Su...~\"S (l .S Sicttt&~ NamemSU:~D LOT ~ , BLOCX C.,... , OP THE Ur.ITCH AT CYPRESS CREEK, SECTION i'IVE, A StlBDIVISION Ilf WILLI»ISON cotJHTY', TZ%AS ACCO'RDINQ TO TD MAP OR. PLAT THDBOF~ I:R VOLUME M , PACD Zl'f-~"T MAP UCORDS OP WlttfAMSON co1lftY,' TEXAS. STATE OF TEXAS I COUNTY oP'iMJ lS : BBFORE MB, the undenigned..f.utb..9~ity, a lfotMPubJ.ic, ~D day personally appearedWIU-fML~D and~ S{.Tti individually known to me to bi the per•on• " •• name• are subscribed to the fo:re5i0inw imitru.ent, ~d acknowledged to 188 that they each ex8cuted the •aae for tbe purpo•e and conBideration therein expr•••ed, in the capacity therein etated. ~ GIVBN tDIDBR MY 11AMD AND SEAL OF OPPICB, this ~ day of fii~l!!l"l•l'l!!•mli11ibeb-.E'z~(i) (SEAL] My Commi••ion Bxpires; - ···· -4- RECORDERS MEMOllANOOM /\ i 1 nt ?8"11 of It\«'! text on tbil pep was nN -:. . o.)ii.l'i)' leglblt fc,r satisfactory recordati0,., LOT , BLOCK C,.... , OP THE RANCH AT CYPRESS aiiiif, SECTION FIVB, A SUBDIVISION IN WILLIAMSON COCRTY I '1'DMI ACCORDING TO TD MAP P~T TBIUO~CORDBD IR VOL'OMB , PND~ MAP UCORDS OP .AMSaC c.vbill, TBXAS . STATE OF TEXAS I COUNTY or Jff!V lS : BBFORE MB, tha und~~Nhorie, a Rot~Public,~ day personally appear~_ and _, E.~ ~'1'-- individually known to me to t e pereons ~ H na-s are aubscribed to the foregoini in.trument, and acknowlecig'ed to me that they each exec:utecS the aa11e for tbe purpo•e and c01Wideration therein expreeeed, in th• capacity therain stated. t;;l..~ GIVBN CNDD MY HAND MD SUI. OF OFFICE, this _J__ day of ~~6~ [S!AL] My commiaaion BXpirea; -4- RBCORDERS MEMORANDUM & It or pans of the text on dlil JllF was not · .11rly le3ible for satisfactory recordati0 .. STATE OF TEXAS I COUNTY OPJffi:-J le:) : BBPORE MB, the und•=d a 1 day personally appeand ~ andRo~ Pe:w,:·~'f'--pe.-t. individually known to me to ~ per•on ~'u namee are aub•cribad to the fo"9oing iutziment, and acknowledged to me that they each executed the aa11e for tbe purpo•e and conaideration therein expr••••d, in the eapaeity therein •tated.. ~ GIVlm tJJIDKR MY HAND AND SUL OP' OFFICE, this 'B . day of ~~ [SEAL) lcit, ~~ -•~l ..i """f""o"""r...-.-- My Commi•aion Kxpires: the State < J -4- RBCOIDl!RS~ A!! or Pll'b of the toxt on dil.... WM not ·: '·1 Mi~ lqlblt for aatiamotory recordation E)(H!BITA List of Homeowners Homeowner Name and Address Lot and Block Mr. Sean Gallagher and Mrs. Terri Gallagher 3/B 1909 Autumn Fire Drive Cedar Park, TX 78613 Mr. Stephen Best and Ms. Cheryle Mills 7/B 191 0 Eclipse Cove Cedar Park, TX 78613 Mr. Todd Birdsong and Mrs. Susan Birdsong 8/B 1908 Eclipse Cove Cedar Park, TX 78613 Mr. Dwight Burns and Mrs. Ursalanette Bums 10/B 1904 Eclipse Cove Cedar Park, TX 78613 Mr. Alan Holt ll/B 1902 Eclipse Cove Cedar Park, TX 78613 Mr. Norman Bridges and Ms. Sharon Melville 12/B 1900 Eclipse Cove Cedar Park, TX 78613 Mr. Richard Danna and Ms. Melissa Garza 14/C 2017 Autumn Fire Drive Cedar Park, TX 78613 Mr. John Bryant and Mrs. Wendy Bryant 15/C 2015 Autumn Fire Drive Cedar Park, TX 78613 Ms. Kristen Walton Trust 16/C 201 3 Autumn Fire Drive Cedar Park, TX 78613 Mr. Michael Steptoe 17/C 2009 Autumn Fire Drive Cedar Park, TX 7861 3 Mr. James Ingram and Mrs. Lisa Ingram 18/C 2007 Autumn Fire Drive Cedar Park, TX 7861 3 Mr. Jack Longmore and Mrs. Barbara Longmore 21/C 2001 Autumn Fire Drive Cedar Park, TX 78613 Mr. Chris King and Mrs. Sandra King 22/C 2000 Eclipse Cove Cedar Park, TX 78613 Mr. Thomas Fogle and Mrs. Lisa Fogle 23/C 2002 Eclipse Cove Cedar Park, TX 78613 Mr. James Anderson and Mrs. Traci Anderson 24/C 2004 Eclipse Cove Cedar Park, TX 78613 Mr. Dwain Shaw and Mrs. Pamela Shaw 25/C 2006 Eclipse Cove Cedar Park, TX 78613 Mr. Craig Calabretta and Ms. Stacey Swan 26/C 2008 Eclipse Cove Cedar Park, TX 78613 Mr. Mark Gillespie and Mrs. Marie Gillespie 29/C 2014 Eclipse Cove Cedar Park, TX 78613 Mr. William Sutherland and Mrs. Rebecca Sutherland 34/C 2003 Eclipse Cove Cedar Park, TX 78613 Mr. Adam Brandl and Mrs. Shelley Brandl 38/C 1800 Shooting Star Cove Cedar Park, TX 78613 Mr. Steven Burchfiel and Mrs. Alisabeth Burchfiel 40/C 1804 Shooting Star Cove Cedar Park, TX 78613 2 EXHIBITB The Property The property includes Lots 1-7 of Block "A", Lots 1-2, 4-6, 9, 13-17 of Block "B", Lots 8-13, 19-20, 27-28, 30-33, 35-37, 39, 41-46 of Block "C" and Lots 28-35 of Block "D", The Ranch at Cypress Creek Section 5, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet M, Slides 279-282, of the plat records of Williamson County, Texas ("Property"). DocM 9701.224 ft ~ages: ~ ~ Date : ~-~~j>.n• Tine : • Filed & Record · Official Recor~i in o:L~Aft~LCounty, TX. COUNTY CLERK Rec. $ f.1.00