BACrERLE U N C H DECLARATION OF

BACrERLE U N C H
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
DECLAR4TION OF
COVENANTS, CONDITIONS. AND RESTRICTIONS
BAlJERLE RANCH
TRV
IIIIIIIIIIII1lIl1111IIIIIIIIIIIIIIIIII111l1l1111121
2881217626
P9S
d
THAT WHEREAS, CONTIhTENTAL HOMES OF TEXAS, L P., Texas h t e d partnershp
domg busmess as Mlburn Homes ("Declarant7') is the sole owner of c&
real property located h
T r m s County, Texas, as more particularly described as Bauerle Ranch, echon One, a sub&vlsion of
of
record m Trams County, Texas, acwrdlng to tile map or plat recorded at 6 0 (II 0(, 2 7 4
the Plat Records of Travls County, Texas (the "Property");
WHEREAS, Declarant deslres to convey the Property subject to certm protechve covenants,
cond~t~ons,
resmctions, hens, md charges heremafter set forth, and
WEREAS, Declarant desnes to create and cany out a uniform plan for the unprovernent,
development and sale of the Property for the benefit of the present and future owners of the Property.
NOW, THEREFORE, ~t is hereby declared (1) that all of the Property shall be held, sold,
conveyed, and occupied subject to the followmg easements, restncbons, covenants, and con&Qons,
whch are for the purpose of protectmg the value and dmrabilrty of, and whch shall run w t h the
Property and shall beb~nchngon all parties having any nght, title, or Interest m or to the Property or any
part thereof, ther heirs, successors, and assigns, and shall Inure to the benefit of each owner thereof, md
(11) that each contract or deed \vhch may hereafter be executed ulth regard to the Property or any
portion thereof shall conclusivelybe held to have been executed, del~vered,and accepted subject to the
f o l l o w g covenants, condtrons, and restnchons regardless of whether or not the same are set out or
referred to m s a d contract or deed
Unless the context otherwise specifies orrequlres, the folloulng words and phrases when used m
b s Declarabon shall have the memngs hereinafter specified*
1 01 Archtectural Comm~ttee."Architectural Comrnlnee" shall mean the c o m t t e e created
pursuant to these restncQons to review and approve plans for the construcbon of Improvements upon
the Property
1 02 Archtectural Committee Rules. "Architectural CommitteeRules" sbalI mean the rules and
regulations adopted by the Archtectural Comrmttee, as the same are amended h m tlmt to tune.
Bwcrlc Ranch
1.03 Artlcles "Arucles" shall mean the Artlcles of Incorpora~onof Bauerle Ranch Owners
Associahon, Inc ,whlch will be filed in the office of the Secretary of State of the State ofTexas, as the
same are from tune to tune amended
1 04 Assessment. "Assessment" or "Assessments" shall mean assessment(s) levied by the
Assoaabon under the terms and provisions of t h ~ Declaration
s
1.05 Assoc~atlon "Assoclabon" shall mean and refer to Bauerle Ranch Owners Association,
Inc., a Texas non-profit corporation created or to be created pursuant to the Articles.
1.06 Associahon Rules. "Associabon Rules" shall mean the rules and regulations adopted by
the Board as the sane may be amended fiom tlme to time.
1.07 Boud. "Board" shdl mean the Board of Duectors of the Association.
1 08 Bvlaws. "Byla~s"shall mean the Bylaws of the Association, which may be adopted by the
Board, as the same are from trme to m e amended
1 09
City of Ausm
"City" shall mean the C ~ t of
y Austm, including duly authonzed representabves of the
1.10 Common Area and Facllttles "Conmon Area and Facihties" shall mean Lots and other
properbes, ~fany, designated by Declarant and conveyed to the Assoc~ahonalong wth any areas WI~~LII
pubhc nght-of-ways or easements that the Board deems necessary or appropriate to rnamun for the
common benefit of the Ownen. Common Area and Faclhhes may be deslgnated by Declarant and
dedcated or othemse conveyed to the Associa~onfrom tune to tune and at any tune. I f m d at the tune
Declarant annexes adhhonal real property to the Property la accordance wth Section 2.02 hereof,
adabonal Cormon Area and Fachties may be deslgnated The Common Area and F a c h e s may
~nclude,but not be llrmted to, detenhon andfor water qual~typonds,the Re-mgation System, park and
open space lots benefihng the Subdivls~on
1.11 Declarant. "Declarant" shall mean CONTINENTAL HOMES OF TEXAS,L.P.,a Texas
hmted partnership dolng busmess as Milburn Homes, its duly authonzed representabves or their
respectwe successors or assigns, provided that any ass~gnmentof the nghts of Declarant must be
expressly set forth in wntmg and the mere conveyance of a porbon of the Property wthout written
assignment of the nghts of Declarant shall not be sufficient to consbtute an assignment of the nghts of
Declarant hereunder
1 12 Declarauon. "Declaration" shall Inem h s ~nstnunentas ~tmay be amended from tlme to
bme
1 13 Encroach. "Encroach", or any form of the word, shall mean that an Owner of a Lot has
constructed, or allowed construction of, an Improvement outs~delusher Lot and wthin the C ~ t y
Parkland, also k n o w as Lot 1 Block A, Bauerle Ranch Subdivision.
1 14 Improvement. "Lmprovement" shall mean every structure and all appurtenancesthereto of
every type and kmd, includ~ngbut not l m t e d to, bwllngs, outbuildmgs, storage sheds, pabos, t m s
courts, wmrnmg pools, garages, storage buildings, fences, screerung walls, retiunmg walls, stars,
decks, landscapmg, poles, slgns, extenor ar cond~t~oning,
water softener fixtures or equipment, and
poles, pumps, wells, tanks, reservoirs, pipes, hnes, meters, antermas, towers, and other faabbes used m
connechon wtb water, sewer, gas, electric, telephone, regular or cable televlslon, or other uhllt~es
D-TIO?I
OF COVWhnS. COUD~~ONS,
AND RESTSUCIlONS
Baucrlc Ranch
1 15 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land withln the Property shown as
a subdlvlded lot on the Plat of the Subdivision, together w t h all Improvements located thereon
1 16 Member "Member" or "Members" shall mean any person(s), enhty or entibes holdrng
mernbershlp nghts in the Assoc~abon
1.I 7 Mortga~e "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust
covenng any pomon of the Property glven to secure the payment of a debt.
1 18 Morteaeee
"Motigagee" or "Mortgagees" shall mean the holder or holders of any
Mortgage or Mortgages.
1.19 Owner. "Owner" or "Owners" shall mean the person(s), enttty or enhties, including
Declarant, holdmg a fee sunple Interest in my porbon of the Property, but shall not ~ncludethe
Mortgagee of a Mortgage
1.20 Parkland "Parkland" shall mean the approximately 308 95 acres of Parkland along both
sides of Slaughter Creek o w e d by the City of A m n that adjoins many Lots in the Property, and 1s also
known as Lot 1, Block A, Bauerle Ranch Subdiv~sion.
I 21 Person. "Person" or "Persons" shall mean any md~vidual(s),enhty or enbties having the
legal nght to hold btle to real property
1 22 Plans and Speclficabons "Plans and Specifications" shall m a n any and all documents
deslgned to guide or control the construcbon or erectlon of any Improvement, ~ncludmgbut not lu~uted
to, those mdicahng locabon, srze, shape, configurat~on,materials, site plans, excavation and grading
plans, foundahon plans, dramage plans, landscaprng and fencing plans, elevabon drawxngs, floor plans,
speclficatlons on all buildmg products and construction techques, samples of extenor colors, plans for
utihty semces, and all other documentation or mformabon relevant to such Improvement
1.23 Plat "Plat" shall mean the subdivision plat ofBauerle Ranch, Section One, asubdivlslon
recorded at
of the Plat Records of Travis County, Texas, as the
same may be amended fiom time to time
1 24 Re-tmvatlon System "Re-irnga~cnSystem" shall mean alI physical and mechanical
components (e g ,pipes, spnnker heads, valves, controls) ofthe system designed to be the methodused
by Declarant or the Assmiahon to dispose of storm water runoff collected m water detenhon ponds
1.25 The Restncbons The "Restnctions" shall mean this Declaration, as the same may be
amended from bme to tune, together with the Archtectural Committee Rules, the Associahon Rules,
and the Artlcles and Bylaws.
1 26 Sub&wsion "Subdivision" shall mean Bauerle Ranch, a subdwlsion m Trams County,
Texas, accordmg to the Plat
1.27 Veeetabve Buffer Strips "Vegetative Buffer Stnps" shall mean those areas appromately
75-feet in wdth, some are greater, that adjom many of the Lots that adjoln the Parkland, whch are a
method to treat storm water m o f f that cannot be captured by a detention pond or water quahty pond.
DEammoN QP CovWAhrS, COWDFTIONS, AND REsrnImNS
BatcAe Ranch
Pag: 3
Article II
DEVELOPMENT OF THE PROPERTY
2 0 1 Develo~mentbv Declarant Declarant may divide or subdivide the Property Into several
areas, develop some of the Property, and, at D~larant'sopbon, sell any portion of the Property fiee of
these restnchons
2 02 Add~t~on
of Land Declarant may, at any time and h m tune to tlme, add land fiom urlthtn
the areas descnbed m Document No. 2000134315 of the Official Public Records ofTravis County,
Texas, to the Property, in accordance with a staged development plan approved by the Veterans
Admirustration ("VA") and the Federal Housing Admmistrahon ("FHA")Upon such adhbon, k s
Declarabon and the covenants, cond~bons,resmchons, and obligations set forth herem shall apply to the
added land, and the nghts, privlieges, duties, and habll~hesof the persons subject to h s Declarabon
shall be the same wrth respect to the added land as with respect to the lands onpnally covered by thls
Dclarauon Ln order to add lands to the Property hereunder, Declarant shall be reqmred only to record
In the Real Property Records of Travls County, Texas, a nohce of addition of land c o n t u g the
followmg provisions:
A reference to t h s Declarat~on,whch reference shall state the book and page
(A)
numbers of the Travls County Real Property Records whereln this Declarahon is recorded;
and
(F3)
A statement that the prov~slonsof this Declarabon shall apply to the addedland,
(C) A legal descnphon of the added land.
Declarant shall submt a wntten request for approval of any annexahon of land not
mcluded m the staged development plan previously approved by VA/FHA to the FHA and the VA
accompamed by a copy of the Declarabon of Annexahon
Nomthstandmg anythng contamed herein to the contrary, Declarant shall only be
permitted to add land to flus Declarafion wltbout the consent of t w o - h d s of the Ouners enhtled to
vote pursuant Sectlon 6.03 hereof (exclusive of Declarant) unhl the earher to occur of (1) Dezlarant
owns less than twenty-five percent (25%) of the Property; or (11) ten (10) years &om the date of this
Declaration.
G E m R A L RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the follourmg hrmtabons and restncbons.
3 01 Subdlvldmg. No Lot shall be M e r hvided or subdivided, nor may any easements or
other rnterests there~nless than the whole be conveyed by the Owner the~eofwithout the pnor wntten
approval of the Architectural Cornnuttee, provided, however, that when Declarant ISthe Owner thereof,
Declatant may fkther &vlde and subdivide any Lot and convey any easements or other ~rrterestsless
than the whole, all without the approval of the Archtectural Cormruttee
3 02 Encroachment onto Parkland No Owner shall construct, have constructed, or allowed to be
constructed an Improvement, lncludingwthout lmtahon a fence, that Encroaches on Pzrkland adjacent
D E W T I O N OF COVa;hMS, CONDITIONS, AND RESTRIC~ONS
Bauale Ranch
lo such Owner's Lot Any Improvement that Encroaches on Parkland must be relocated at the O w n e r s
expense w i h n thrty (30) days after notificabon by the Clty of the encroachment Ifthe removal of the
Encroaching Improvement disturbs the &ce ofthe Parkland, Owner must restore, or cause restoraQon
of, the surface of the Parkland w i b five (5) calendar days of completing removal or relocat~onof the
Encroachng Improvement Restombon of the Parkland must be in accordance wth the C~ty's
Construcbon m Parks Spec~fications(Apnl 1990), a copy of whlch is on file wlth the Declarant and
Association.
3.03 Imvervlous Cover Restnchons D~sclosure.Any prospectwe purchaser or other assignee of
any porhon of the Property is put on not~cethat the allocation of lmpervlous cover set out m an
Agreement to Assign and Allocate Imperv~ousCover could result in no impervious cover bang
pemtted on porhons of the Property. Anyprospecave purchaser, lienholder, or assignee should revlew
the Offic~alPubllc Records of Trams County, pnor to acqulnng ~ t interest
s
In any pomon of the
Property to deterrnrne that its Interest rncludes the nght to develop mpemous cover.
3 04 Ve~etabveBuffer S t n ~ sThe V e g m v e Buffer Stnps, pnrnanly shown on the Plat as 75feet m width adjacent to many Lots m the Property, w11 be mantamed by the City at the same tune and
m the same manner as other portions of the Parkland If the m n e r of any Lot adjacent to the
Vegetanve Buffer Stnps ulshes to have a hlgher level of mamtenance than that provlded by the City, ~t
is the Owner's responsibility to provide it
3 05 Hazardous Acttvltles. No achvlhes shall be conducted on the Property and no
Improvements constructed on the Property, whch are or might be unsafe or hazardous to any person or
property. Wlthout l m t m g the generality of the foregorng, no firearms or fireworks shall be d~scharged
upon the Property, no open fires shall be lighted or pernutted except wthm safe and well-deslgned
intenor fireplaces, or in conmned barbecue wts w h l e attended and m use for coolang purposes
3 06 Insurance Rates. N o h g shall be done or kept on the Property, whch would Increase the
rate of ~nsuranceor cause the cancellahon of msuance on any Lot or any of the Improvements located
thereon.
3 07 h h m v and Drrlllns No portion of the Property shall be used for the purpose of m m g ,
quanymg, d n l h g , boring, or explonng for or iemovlng 011, gas, or other hydmcarbons, rmnerals of any
land, rocks, stones, sand, gravel, aggregate, 01 earth
3 08 Nose No extenor speakers, horns, whistles, bells, or other sound dmces (other thm
secunty devices used exclus~veiyfor secunty purposes) shall be located, used, or placed on any of the
Property No nolse or other nulsance shall be permitted to exist or operate upon any pornon of the
Property so as to be offensive or detrunental to any other portion of the Property or to its occupants.
3 09 h m a l s - Household Pets No anunals, m c l u b g pigs, hogs, swme, poultry, fowl, w l d
anunals, horses, cattle, sheep, goats, or any other type of m m a l not ~onslderedto be a domesbc
household pet wthm the o r b a r y m m g and Interpretation of such words may be kept, mamtzuned, or
cared for on the Property No Owner may keep on such Owner's Lot more than four (4) cats and dogs,
m the aggregate, not more than two (2) of which may be dogs No ammal shall be allowed to make an
unreasonable amount of nolse, or to become a nulsance, and no domesbc pets w l l be allowed on the
Property other than on the Lot of ~ t sOwner unless c o n h e d to a leash. No animal may be stabled,
mantaned, kept, cared for, or boarded for hre or remuneration on the Property, and no kennels or
breedmg operation w l l be allowed. No m a 1 shall be allowed to run at large, a11d all animals shall be
kept wthm enclosed areas whch must be clem, smtary, and reasonably free of r e h e , msects, and
waste at all hmes Such enclosed area shall be constructed in accordance wth plans approved by the
Page 5
Archtectural Committee, shall be of reasonable des~gnand construction to adequately contsun such
animals in accordance w t h the provisions hereof, and shall be screened so as not to be vlsible h m any
other porhon of the Property.
3 10 Rubbrsh and Debris. No rubb~shor debns of any b d shall be placed or pemtted to
accumulate upon the Property, and no odors shall be permitted to anse therefrom so as to render the
Property or any porhon thereof unsarutary, unsightly, offensive, or detnmental to any other property or
to its occupants Refise, garbage, and trash shall be kept at all tunes m covered containers, and such
conta~nersshall be kept WIW
enclosed structures or appropnately screened from new. Each Owner
shall contract w ~ t han independent hsposal servlce to collect dl garbage or other wastes, ~fsuch servlce
1s not provlded by a governmental entity
3 11 Mamtenance. Each Owner shall keep all shrubs, trees, grass, and planbngs of every land
on such Owner's Lot cultivated, pruned, free of trash, and other unsightly matenal All Improvements
upon anyht shall at all tunes be kept m good conhtion and repax and dequatelypamted or otherw~se
mamtamed by the Owner of such Lot. Declarant, the Associabon, and the Archxtectural Comm~ttee
shall have the nght at any reasonable time to enter upon any Lot to replace, .matatam, and cultivate
shrubs, trees, grass, or other plantmgs as deemed necessary, to pant, repar, or othemse maintarn any
Improvements zn need thereof; and to charge the cost thereof to the Owner of the Lot m the s a n e
manner as provlded for the Associahon m Section 6
hereof
Om)
3 12 Antennae. No extenor d o or televls~onantenna or aenal or satelhte hsh rece~verwhch
vrsible fiom any other Lot or the street shall be erected or mamGuned on any Lot without obtamng
the pnor wntten consent of the Archtectural Cornrmttee. The foregoing notulthstandmg, m the event
the absolute prohbiaon of such antenna or receivers IS lnvalldated or held to be unenforceable In any
respect, then no extenor rad.10or television antenna, satellite &sh or slrmlar devlce sball be pemtted to
be erected or placed on any Lot unless the same 1s screened fiom mew from adjollung Lots, streets and
other portlons of the Sub&vis~on
IS
3 13 SIP No sign of any Eund shall be &splayed to the pubhc vlew on any Lot without the
pnor written approval of the hrchtectural Conunittee, except for (i) S I h c~ h are part of Ikclarant's
overall marketmg or construction plans or actlvlbes for the Property and (11) one (1) sign of not more
than five (5) square feet, advertismg any property withln the Subdwision for sale or rent All
merchandlslng, adverhslng and sales programming shall be subject to the approval of the Archtectural
Commttee
3.14 Tanks The Archtectural Comrn~tteeshall have the nght to approve the locahon of any
m comecbon w t h a single-famlly residenbal structure, lncludrng tanks for
storage of fuel, water, oil, or LPG, and mcludmg swunming pool filter tanks No elsvated tanks of any
b n d shall be erected, placed or perm~ttedon any Lot. All tanks shall be screened so as not to be vlsible
from any other pomon of the Property
tank used or proposed
3 15 Temmrarv Structures No tent, shack, or other temporary bruldmg, Improvement, or
structure shall be placed upon the Property wthout the pnor wntten approval of the Architectural
Committee, provided, however, that temporary structures necessary for storage of tools and equipment,
and for o E c e space for archrtects, budders, and foremen dunng actual construction may be mamtained
ulth the pnor approval of Declarant, approval lo include the nature,slze, duration, and locabon of such
structure Nohzlthstandrng any provision m ths Declarabon to the contrary, an Owner shall be
pemtted, wthout h h t e c t u r a l Comrmttee approval, to erect one (I) outbuilcimg on the Owner's Lot if
(I) the surface area of the pad on whch the outbuildlug is placed is less than or equal to eighty (80)
square feet, (11) the height of the outbuild~ng,measured fium the surface ofthe Lot to the hrghest pornon
of the outbulldng is less than or equal to six (6) feet, (111) the outbuilding 1s constructed wlthm an area
completely enclosed by a pnvacy fence of not less than six (6) feet m helght, (iv) the extenor of the
outbullding 1s constructed of the same or substantially s~rmlarmatenals as the extenor of anyresldence
located on the Lot,and (v) the outbulldlng is constructed w i h n bulldmg setback lines in accordance
with apphcable bmldlng codes of the governmental entity having juns&cbon over the Property. The
Arclutectural Cornmlttee shall be entitled to determine, in its soie and absolute discrebon, whether an
outbruldmg constructed on any Lot complics with the foregoing reqmrements relatlng to slze, helght,
fence enclosure and construcbon matenals
3 16 Unsightlv Articles, Vehicles No m c l e deemed to be unsightly by the Archtectural
Committee shall be permitted to m a l n on any Lot so as to be vlslble from adjomng property or h m
publlc or private thoroughfares. Wlthout limitrng the general~tyof the foregomg, traders, graders,
trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, allterrain vehcles and garden maintenance eqwpment shall be kept at all umes except when m actual use,
m enclosed structures or screened fiom vlew and no repalr or ma~ntenancework shall be done on any of
the foregomg, or on any automobile (other than minor emergencyrepam), except m enclosed garages or
other structures Each single-farmly res~dent~ai
structure constructed wlthrn the Property shall have
sufiicient garage space, as approved by the Arcbtectural Comm~ttee,to house, at least two vehcles to
be kept on the Lot Lot Owners shall not keep more than two (2) automobiles in such manner as to be
vrsible h m any other port1011of the Property for any penod In excess of seventy-two (72) hours No
automobiles or other above-menaoned m c l e s or veh~clesmay be parked o v m g h t on any roadway
wthm the Property. Service areas, storage areas, compost plles and faciIibes for hangmg, drying o r
a n n g clothlng or household fabncs shall be appropnately screened from wew, and no lumber, grass,
plant waste, shrub or tree chpplngs, metals, bulk matenals, scrap, refuse or trash shall bekept, stored, or
allowed to accumulate on any porhon of the Property except withn enclosed structures or appropriately
screened from vlew, and must not block nny dramage area No (I) racing vehicles, or (11)other vehtcles
(mcludmg, wthout hrmta~on,motorcycles or motor scooters) whch are moperable or do not have a
current license tag shall be permitted to remain tls~bleon any Lot or to be parked on m y roadway
w i h the Subd~vlsion No cornmerclal vehicles larger than a standard three-quarter (3/4) ton pickup
truck or standard two-axle passenger van shall be pernutted to rernam on any Lot or to be parked on any
roadway wlthln the Sub&ws~on.
3 17 Mobile Homes. Travel Trailers and Recreational Vehicles. No moblle homes shall be
parked or placed on any Lot or used as a residence, e~thertemporary or permanent, at any h e , and no
motor homes, travel traders or recreational vehlcles shall bc parked on or near any Lot so as to be
vlsible from a d j o m g property or from pubhc or pnvate thoroughfares at any tlme
3 18 Basketball Goals. Permanent and Portable. Permanent basketball goals are allowed but
must be approved by the Archtectural Control Comrmttee before znstallat~onThe metal pole must be
pemahently installed m the ground, at least, twenty-five (25') feet back fiom the curb. The permanent
basketball goal must be properly ma~ntainedand painted, w ~ t hnets kept m good repair Portable
basketball goals are not allowed except when in use Portable goals may be used, when not m use, they
must be stored in an enclosed structure or screened from view at all tlmes.
3.19 C o m ~ h m c wth
e the Restncbons Each Owner, hs famly, occupants of a Lot, tenants, and
the guests, mnwtees, and licensees of the precedmg shall comply stnctly with the provlslons of the
Restnchons as the same may be amended from tune to tune Falure to comply with any of the
Restncbons shall consbtute a vlolatIon of t h ~ sDmlarahon, and shall g v e nse to a cause of achon to
recover sums due for cunng the same, fines levied by the Associabon, actual and statutory damages, and
mjunchve relief, or a comblnahon thereof The Restnchons may be enforced by any Ownm, the
AssoclatIon, Declarant, the City in whch the Lot IS located, if any, or, if applicable, the M u n ~ c ~ p a l
Utility D~smcthavlng ju~lsdlctlonover the Property, provided, however, only the Assoclabon shall have
the nght to levy a fine for the vlolation of the Restnct~onsor to bnng any achon forthe collechon of any
Assessments, other than a Violation Assessment, as prov~dedfor herein. In such action, the p m e s
agree to wave any bond requ~redto be placed by the Assoclabon, the C ~ t where
y
the Lot is located, if
any, or Declarant, or ~fwaver is not allowed by the court, to set the bond m an amount not exceedmg
$100 00. Each Owner IS stnctly l~ablefor the noncompl~anceo f h s farnlly, occupants of a Lot, tenants,
and the guests, invltees, and licensees of the precedmg. To a d m the prevenbon of noncompliance,
each Owner shall provlde to h s tenants, who shall sign a receipt for the same, a copy ofthe Rstnctions
and shall provlde m each lease of a Lot, which lease shall be In wntmg, that a vlolaoon of the
Restncbons that is not cured w1th.m seven days of the first nobce sent by the Association, shdl
constitute a breach of the lease. Each Owner, by acceptance of a deed to a Lot, hereby mevocably
appornts the Associahon, the Cltywhere the Lot ISlocated, if any, andDeclarant, as hls attorney-m-fact
to termmate the nght of occupancyunder the lease and evlct any tenant or other occupant, not a part of
the Owner's family living w t h the Owner on the Lot, in the event of nn uncured violation. Said
attorney-m-fact shall have the nght,but not the duty, to bnng such evlcbon proceedmg. The cost of
curing any vlolation of the Restrictions, any fine levied by the Association, and any attorney's fees,
court costs, expenses of litlgabon, lf ~ncurredby the Assoc~atlonor Declarant, whether the matter
proceeds to s u ~ or
t not, shall be a Violabon Assessment agamst the Lot and the Owner and shall
automatically become a part of the Assessments and secured by the hen therefore
3 20 Liabllitv of Owners for Darnane to Common Area and Facllihes. No Owner shall IDany
way alter, m o w , add to or othenvlse perform any work upon the Common Area and Facihhes mthout
the pnor ~ n t t e napproval of the Board, and the approval of the Clty w t h respect to the Re-rmgabon
System only, subject to the provisions below Each Owner shall be hable to the Assoclahon for any and
all damages to (I) the Common Area and Fnclhbes, or (11) any Improvements constructed on any Lot, the
mamtenance of whch has been assumed by the Associahon, whch damages were caused by the neglect,
rmsuse or negbgence of such Owner or Owner's farmly, or by any tenant or other occupant of such
Owner's Lot, or any guest or lnvitee of such Owner The full cost of all repairs of such damage shall be
an Assessment agamst such Owner's Lot, secured by a lien agamst such Owner's Lot and collectable m
the same manner as prov~dedfor In Section 8.06 hweof, ~ncludmg,but not l m t e d to foreclosure ofsuch
hen
(A) The foregoing nobmthstanding, m the event of an emergency, Declarant andlor
the Association shall have the nght and authority to make repam to and perform mantenance on the
Re-mgation System wthout the pnor approkal of the Clty.
3.21 No Warrantv of Enforceability. While Declarant has no reason to believe that any of the
restnchve covenants or other terms and provisions contamed in t h ~ sArtrcle or elsewhere in h s
Declarahon are or may be invalld or unenforceable for any reason or to any extent, Declarant makes no
warranty or representabon as to the present or & m e validity or enforceabihty of any such restrictive
covenants, terms, or provisions Any Owner acqmnng a Lot m rehance on one or more of such
restnchve covenants, terms, or provlslons shall assume all nsks of the vddlty and enforceability thereof
and, by acqulnng the Lot, agrees to hold Declarant harmless therefrom
USE .4ND CONSTRUCTION RESTRICTIONS
4 01 Amroval for Construction No Improvements shall be constructed upon a n y h t wthout
the pnor wntten approval of the Architectural Comm~ttee. The Architectural Committee cannot
k n o w g l y approve any Improvement that would Encroach on the Parkland. It is the Owner's
D E W ~ O OF
N C O V E N A . CONDITIONS, AND RJZVRICllOHS
Page 8
responsibility to provlde information on Lot l~nesadjacent to the Parkland and the relabon of the
Improvment to the Lot Imes, ~fapplicable
4 02&I
All Lots, unless d d c a t e d lo the Association as Common Area and Fac~l~ties,
and
fiu-ther excludmg the Parkland so long as it is used for park and recreabonal purposes, shall be improved
and used solely for single family residential use, lncluslve of an attached pnvate garage for not more
than three (3) cars, fencing and such other Improvements as are necessary or customarily Incident to
resldent~aluse
4 03 Rentals. Nothing m h s Declarahon shall prevent the rental of any Lot and the
Improvements thereon by the Owner thereof for residential purposes, provided that all rentals must be
for terms of at least SIX (6)months Thls prowsion does not apply to the Parkland
4 04 Dwellme Heieht. No slngle farmly dwellmg greater than two (2) stones m helght may be
constructed on any Lot wthout the pnor wntten approval of the Archrtectural Commttee.
4.05 Fences and Sidewalks. Fences on all Lots (other than Common Area a d Facihbes and
Parkland) shall be SIX (6) feet m height and shall be constructed w t h #I grade cedar pickets and with
treated plne or cedar r a l ~ n g sand posts Inslallation of such fences may be completed wthout the
approval of the Archltectural Committee The design, construchon matenals, height and locabon of all
other fences (other than fences on the Parkland) shall othemse be approved by the Archtectural
C o m t t e e In no event shall any fence or wall be erected, placed or altered on a lot nearer to the front
street than the front wall of the single farmly dwekng whch is located on the Lot and no hedge may be
installed or mantamed more than three (3) feet In fiont of the wall of the s~nglefam~lydwelhg whch
is located on the Lot and closest to the front property h e of the Lot (this sentence does not apply to the
Parkland). No Owner may erect, place, or alter, or permit erection, placement, or alterabon of, a fence
that Encroaches on the Parkland. Owner has the duty to detem~newhether the placement of the fence
w11 Encroach on the Parkland pnor to start of construction. Construcbon of gates or other access
opemgs in rubdiv~s~on
penmeter fencing shall not be allowed on any Lot The Owner o f e a c h h t shall
construc-t,at its sole cost and expense and pnor to occupying any improvement located on the Lot, a
sidewalk, located and deslgned in conformance wth the Plat, to the extent the Plat requues a sldmalk
on such Owner's Lot The provtsion m the foregoing sentence may not be amended or altered without
the express wntten consent of the Planning Department of Aushn, Texas.
4 06 Dwellme; Slze. Buildm~Materials. All smgle-story dwellings shall contam not less than
Nlne Hundred F I Q (950) square feet of enclosed Ltvrng space, exclusive ofporches (open or covered),
decks, garages, and carports. All two-story dwellmgs shall contam not less than one thousand one
hundred (1,100) square feet of enclosed 11wg space, exclus~veof porches (open or covered), decks,
garages, and carports. All buildmg matenals shall be approved by the Archtectural C o m t t e e , and
only new bulldmg matenals (except for used brick) shall be used for constructing any Improvements.
Exposed metal roof decks, which reflect light III a glanng manner such as galvamzed steel sheets are
specifically prohibited Other roofing matenals may be used wth the pnor wntten consent of the
Archltectural Comrmttee, wh~chmay spec@ a m m u m quality or grade of matenals. All projechons
from a dwelhg or other structure, including but not limited to chlmney flues, vents, gutters,
downspouts, ut111ty boxes, porches, ra~llngsand extenor starways shall match the color of the surface
from whch they project, or shall be of a color approved by the Archtectural Commitiee No hghly
reflechve fimshes (other than glass, which may not be rmrrored) shall be used on extenor surfaces
(other than surfaces of hardware fixtures), mcludng, without Irm~tabon,the extenor surfaces of any
Improvements
Baude Ranch
h Z l A U T I O N QF COVENAh'TS, CONDlTl030. AND RESIRICIIOS
Pag: 9
The masonry r e q u m e n t s for single and two-story durelhgs shall be as follows:
One-Storv Dwellmes. The front and side extenor walls of all slngle-famllydwellrngs shall
be constructed of masonry, exclusive ofroofs, eaves, soffits, wmdows, doors, gables, garage doors
and tnm work
Two-Stow Dwell~nesThe front and slde extenor walls of the first floor of all slngle h l y
dwellmgs shall be constructed of masonry, exclus~veof roofs, eaves, soffits, wmdows, doors,
gables, garage doors and tnm work.
4 07 Alterabon or Removal of Im~rovements Any construcDon, other than normal
mamtenance, whch m any way alters the extmor appearance of any Lmprovement, or the removal of
any Improvement shall be performed only w t h the pnor wntten approval of the Archltectural
Committee.
4 08 Garbage Containers The Architectural Cornrmttee shall have the nght to specify a speclfic
locat~onon each Owner's Lot in whch garbage containers must be placed for trash collection semce.
4 09 Dra~nage.There shall be no interference with the established dramage patterns over any of
the Property, except by Declarant, unless adequate provision is made for proper h n a g e and such
prowslon is approved by the Archltectural Comm~tteeand, d requred under the o r h a n c e s and
regulaoons of the Clty, by the C~ty.
4 10 Construchon Achvlbes n s Declarabon shall not be construed so as to unreasonably
Interfere with or prevent normal construction achvlhes dunng the construcbon ofImprovements by an
Owner (including Declarant) upon any Lot w h n the Property Specifically, no such construcbon
acbwttes shall be deemed to conshtute a nulsance or a vlolabon of this Declarabon by reason of nolse,
dust, presence of vehcles or construcbon machmery, postmg of signs or slrm1a.r achvlties, prowded that
such construcQon 1s pursued to complenon uzth reasonable dhgence and conforms to usual
construchon pracQcesm the area In the event that construction upon any Lot does not conform to usual
pracbces In the area as determined by the Archtectural Comrmttee m ~ t sole
s good faith judgment, the
Archrtectural C o m t t e e shall have the authority to seek an lnjunchon to stop such construc~on.In
adhhon, ~ f d u n n gthe course of construction upon any Lot there 1s excessive accumulation of debns of
any land whch would render the Lot or any portion thereof unsmtary, unsightly, offensrve, or
detrunental to lt or any other porhon of the h-operty, then the Archtechmil Cornnuttee may contract for
or cause such debns to be removed, and the Owner of the Lot shall be I~ablefor all expenses ~ncuiiedm
connecbon thereulth
4 11 Landscaping The h n t yards of all Lots, from the front property hne to the h n t wall of
the house, shall be fully sodded w ~ t hSt. Augustme, Bermuda, Pmrie Buffalo Grass or other sod
approved by the Archtectural Commlttee and at least two (2) trees shall be planted m the front yard of
each Lot pnor to the occupancy of the res~dencelocated on the Lot.
Arhcle V
COMMON AREA AND FACILITIES
5 01 Common Area and Facihties No land w i t h any Common Area and Faclllt~esshall be
improved, used or occupied, except in such manner as shall have been approved by n two-thxrds vote of
each class ofMembers who are votmg in person or by proxy at a meetlng duly called for such purpose,
w t h the same quonun as requlred for Specla1 Assessments herein. Such reqwed approval shall extend
BaucrIc Ranch
DECLARATION OF C O Y E Y A .C O N D ~ O N S AND
.
&5lTJCTIONS
Pagc 10
fCr/3033961 Ill 1-15-01
to the nature and type of use, occupancy and improvement Notwthstandtng the foregoing provision,
during the b e that Declarant owns Lots w1t.h the Subdl~lslon,Declarant shall have the nght to
construct Improvements wthn the Common Areas, ~ncludlngpark areas, tf any, ulthout the consent of
the Members or the Association Access to any Common Area and Facil~besmay bc imlted to persons
currently paymg Assessments, fees and other charges, or otherwise cond~honedor restricted, or made
avulable to non-ownm, all upon such terms and condlhons as the Board may determtne
5.02 Condemnahon If all or any part of the Common Area and Factlltles IS taken or threatened
to be taken by e m e n t d o m m or by power In the nature of emment d o m m (whether permanent or
temporary), the Assoclation shall be ent~tledto part~clpateIn the proceedmgs inctdent thereto The
expense of partlclpabon ui such proceedtngs by the Assoc~atlonshall be a common expense to be p a d
out of Assessments. The Assoclabon 1s specifically authorized to obmn and to pay for such assistance
£?om attorneys, appmsers, architects, engneers, expert witnesses and other persons as the Assoclabon,
In its dscretron, deems necessary or advlsabIe to a d ~tIn my matters relabng to such procedngs All
damages or awards for any such tahng shall be depos~tedwth the Assoc~abon. The Associatron, m
adahon to the general powers set out herem, shall have the sole authonty to d e t m ~ n whether
e
to
contest or defend any such proceedmgs, to make any settlement w t h respect theretoor to convey such
property to the condexnnmg authority In heu of condemnabon
Arhcle VZ
TKE MSOCL4TlON
6.01 Oreamzatlon. The Declarant shall, at such tune as Deciarant deems appropriate, cause the
formabon and mcorpombon of the hsoc~ahon. The Associahon shall be a nonprofit corporabon
created for the purposes, charged with the dut~es,and vested wlth the powers prescribed by law or set
forth In ~ t s - h c l eand
s Bylaws or in h s D e ~ l ~ t ~ Nelther
o n . the Articles nor Bylaws shall for any
reason be amended or othemse changed or rnterpreted so as to be lnconslstent with h s Declarahon
6 02 Membershp. Any Person upon becormng an Owner shall automacally become a Member
of the Assoclabon Meinbershp shall be appurtenant to and shall run ~ 7 t h
the ownershp of the Lot
which qua11fies the Owner thereof for membersbp, and mernberslup may not be severed h m ,or m any
way transferred, pledged, mortgaged, or al~enatedexcept together wth the trtie to the Lot.
6.03 Vobng Rights. There shall be two classes of membership for purpose of votmg on any
Assoclatlon matter. The Class A Members shall ~ncludeeach Owner (excluchng Declarant) of a Lot
wthm the Property and each such Owner shall have one (1) vote for each Lot owned The Class B
Member shall be Declarant, and Declarant shall have three (3) votes for each Lot owned by Declarant
The Class B Membcrshlp shall convcrt to a Class A Memberstup upon the earher to occur of (I)
Declarant ouns less than twenty-five percent (25%) of the Property, or (11) ten (10) years from the date
of thls Declaratxon
6.04 Powers and Authontv of the Assoctafion. The Assoc~ahonshall have the p o w a of a
Texas nonprofit corporahon, sulyect only to such hrn~tabonsupon the exerclse of such power as are
expressly set forth in h s Declarabon It shall fiuther have the power to do and perform any and all
acts, whch may be necessary or proper for or incidental to the exerclse of any of the express powers
granted to tt by the laws of Texas or by t l u s Declaration Wlthout m any way lunihng the general~tyof
the two precedmg sentences, the Assoclation and the Board, acung on behalf of the Assoc~ahon,shall
have the power and authonty at all times as follows
Bauerk Ranch
DEC1ARAfIM.IOF C O V W A ! ! C O N D ~ O N S AND
,
~ C T I O N S
P a p 11
Rules and Bvlaws To make,estabhsh and promulgate, and in its dlscrehon to
(A)
amend or repeal and re-enact the Associatlon Rules and Bylaws. The content of the Associatlon Rules
and Bylaws may be established by the Board, provlded the same are not in conflict ~ 7 t hth~s
Declaration.
(El) Insurance To obtaxn and m a m a n in effect policies of insurance wh~ch,m the
oplnion of the Board, are reasonably necessary or appropnate to carry out the Assocrabon funchons
(C) Records. To keep books and records of the Association's affairs
Assessments. To levy assessmenk as provlded in Arbcle Vm below An
@)
assessment is defined as that sum wluch must be levled m the manner and aganst the property set forth
m Arbcle VIII hereof ~n order to raise the total amount for whch the levy in queshon is belng made
hrrht Of Entw and Enforcement To enter at any tune In an emergency or m a
(E)
non-emergency, after twenty-four (24) hours wntten nobcz, wthout being liable to any Owner, upon
any Lot and Into any Improvement thereon, for the purpose of enforcing the Restrictions or for the
purpose of mantamng or repaxrmg any area, Improvement, or other faclllty to conform to the
Restrrcbons, and the expense mcurred by the Assoc~abonm connecQonw t h the entryupon any Lot and
the mamtenance and r q a u work conducted thereon shall be a personal oblrgahon of the Owner of the
Lot entered upon, shall be a hen upon the Lot entered upon and the Improvements thereon, and shall be
enforced in the same manner and to the same extent zs provtded m Article VIII hereof for regular and
specral Assessments. The Associahon shall have the pou7mand authority from time to hme, in its own
name and on its own behalf, or m the name of and on behalf of any Owner who consents thereto, to
commence and mantam achons and suts to enforce, by mandatory mjunchon or othemse, or to
restram and enjom, any breach or threatened breach of the Restnctlons. The Associabon is also
authonzed to settle clams, enforce liens, and take all such action as ~tmay deem necessary or expdent
to enforce the Restnctlons, provided, however, that the Board shall never be authonzed to expend any
Assoclatlon funds for the purpose of b n n p g s u ~aga~nst
t
Declarant, its successors, or assigns.
Q?) Leaal and Accountlne; Senlces. To retam and pay for legal and accounbng
servlces necessary or proper m the operabon of the ilssoclabon.
6.05 Common Area and Facilities. Subject to and m accordance w t h t h ~ sDeclaration, the
Assoclabon, actxng through the Board, shall have the follouTmgduhes
(A) To accept, own, operate and mamtun all Cornmon Area and Facihbes which may
be conveyed or leased to it by Declarant, together with all Improvements of whatever Iand and for
whatever purpose whlch may be located m s a d areas, and to accept, own, operate and mmtam all other
property, real or personal, conveyed or leased to the Associabon by Declarant and to mantam m good
repar and condlbon all lands, improvements and other Assoclatxon property owned by or leased to the
Associabon Such mmnrenance shall mclude, but not be lxmited to, mamtenance, repalr and
replacement of the Re-Irngatlon System, panbng, rnowng and removal of rubbish or debns of any
land
(B) To pay all real and personal property taxes and other taxes and Assessments
levred upon or with respect to Cornmon Area and Faclhbes or any other property owned by or l e a s 4 to
the Assocration to the extent that such taxes and Assessments are not levled duectly u n theMernbers
of the Assoclabon The Assoc~ationshall have all nghts granted by law to contest e leellty of the
amount of such taxes and Assessments.
P
DECLARATION OF COVWANTS, CONDITIONS, AND RESTRICTIONS
Pa&c 12
To take out and mamtaln current a policy of liabil~tylnsurancecoverage to cover
(C)
accidental bodily Injury and/or death caused by the use and enjoyment of the Common Area and
Fac~htres Such Insurance shall be m an amount as the Board shall deem appropriate
Arncle VII
ARCHITECTURAL COMMITTEE
-
7 01 members hi^ of Archtectural Cornmttee. The Archtectural Comrmttee shall consrst of not
more than three (3) vobng Members ("Voting Members"), and such additional nonvoting Members
serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate, The
following persons are hereby deslgnated as the lmt~alVotlng Members of the Archtectural Comrmttce
Steve Hemng, BlIl Peckman and Teny E. Mitchell
7 02 Actlon bvArchltectura1 Comrnlttee Items presented to the Archtectural Cornmlttee shall
be decided by a majonty vote of the Votlng Members
7 03 Ad~lsorvMembers The Votmg Members may from tune to tune designate Advlsory
Mernbers
7 04 Term Each Vobng Member of the Archtectural Comrmttee shall hold office unbl such
t m e zs he has resigned or has been removed or hs successor has been appomted, as provided herem. In
the event of death or reslgnahon of any Votmg Member, the r m n m g Votmg Member or Vohng
Members shall have full authority to act unhl a replacement Votmg Member or Vohng Members have
been deslgnated
7 05 Apvolntment Declarant, its successors or assigns, shall have the nght to appoint and
remove all Votmg Members of the Arclutectural Committee so long as there 1s a Class B Membership
Declarant may assign thls nght to the Board at any bme pnor to the temnatlon of the Class B
Mernbershlp bywntten mtrument Thereafter, the Board shall have the nght to appoint and renove all
Votmg Members of the Archltectural Committee.
7 06 Adoution o f Rules The Archltectural Comrmttee may adopt such procedural and
substant~verules, not m conflict \nth this Declarabon, as it may deem necessary or proper for the
performance of its dubes, mcludmg but not limited to, a bu~ldmgcode, a firecode, a houslng code, and
other slrmlar codes as it may deem necessary and des~rable
7.07 Revlew of Proposed Constructmn. Whenever in h s Declaration the approval of the
Architectural Committee IS requmd, it shall have the nght to consider all of the Plans and
Spec~Gcz~ons
for the Improvement or proposal m questlon and all other facts, which, 1n ~ t sole
s
hscretion, are relevant. Except as o t h m s e specifically pronded herem, pnor to the commencement
of any construchon of any Improvement on the Property or any pomon thereof, the Plans and
Speclficahons therefor shall be subrmtted to the Archtectural Comrmttee, mcludmg, wthout IrmMon,
mformabon mdcating that any Improvement proposed to be constructed does not Encroach on the
Parkland, and construction thereofmay not commence unless and unbl the Archtectural Cornmttee has
approved such Plans and Speclficabons m wntmg. The Architectural Comrmttee shall conslder and act
upon any and all Plans and Specificabons submtted for its approval pursuant to thls Declarahon, and
perform such other duhes asslgned to it by thrs Declaration or as &om tune to tlme shall be ass~gnedto
it by the Board, ~ncludingthe inspecbon of construchon m progress to assure its conformance with
Plans and Speclficabons approved by the Architectural Comrn~tteeThe Archtectural Comrmttee may
revlew Plans and Specifications subrmtted for its revlew and such other information as it deems proper.
Until recelpt by the Archtectural Comrnlttee of any information or documents deemed necessary by the
Archtectural Comm~ttee,~t may postpone review of any Plans and Specifications submtted for
approval No Improvement shall be allowed upon any Lot whch would unreasonably obstruct the wew
from any other porhon of the Propem, and no Improvement shall be allowed on any Lot whlch is of
such slze or archtectural deslgn or rnvolves the use of such landscapmg, color schemes, extenor
finishes, and materials and simlar features as to be ~ncompatlblewth development w l b the Property
and the surroun&ng area The Architectural Committee shall have the authority to disapprove any
proposed Improvement based upon the restnctlons set forth m the precedmg sentence and the decrsion
of the Arcfutectual Committee shall be final and blnhng so long as it is made m good fath The
Archtectural C o m t t e e shall not be responsrble for revlewrng any proposed Improvement, nor shall ~ t s
approval of any Plans or Spec~ficat~ons
be deemed approval thereof horn the standpornt of structural
safety, e n g n m n g soundness, or conformance wth build~ngor other codes
7 08 Vanance The Archtectuid Cornmlttee may grant vanances from compliance wth any of
the provrslons of thrs Declarabon, when, m the oplmon of the Archtectural Comrmttee, m ~ t sole
s and
absolute d~screhon,such vanance w l l not unpar or detract from the h& q d t y development of the
Property and such vanance 1s jusbfied due to unusual or aesthebc considerahons or unusual
cucumstances Provided, however, that the Archtectural Commttee IS not authonzed to grant a
vanance allow~ngany Improvement to knowngly Encroach on the Parkland. A n w g heran to the
conbay notulthstandmg, the Arch~tecturalComrmttee is hereby authonzed, at its sole dlscrebon, to
walve any reqwrements relatrng to garages (rnclu&ng slze), carports, dwelllng srze, masonry
requirements, fences and setbacks and such dec~slonshall be b m h g on all Owners of Property
s
All variances must be evidenced bywntten instnunent in recordable
encumbered by t h ~Declarabon
form, and must be signed by at least two (2) o f the Votlng Members of the Architectural Comrmttee.
The grantmg of such vanance shall not operate to wave or amend any of the terms or provisions of the
covenants and restnchons applicable to the Lots for any purpose except as to the parhcular property and
the parhcular mtance covered by the vanance, and such vanance shall not be considered to establlsh a
precedent or future walver, mochficaaon or amendment of the terms and provlsrons hereof
7 09 Actlons of the Archtectural Cornmlttee. The Archtectural Comrmtteemay, byresoluhon,
unanunously adopted m wntrng, designate one or two of its members or an agent actmg on ~ts
behalf to
take any actlon or perform any duties for and on behalf of the Arclutectural Comrmttee In the absence
of such designahon, the vote of the majonty of all of the members of the Archtectural Committee taken
wthout a rneetmg shall constitute an act of the Arch~tecturalComm~tteeNotwithstandmg anythtng to
the contrary, tn the event the Archtectural Comlttee fals to respond to arequest for approval of Plans
and Speclficaaons wtfun hrty (30) days of receipt of all required mformahon, the Arch~tecturiil
Committee shall be deemed to have approved such Plans and Speclficabons, other than a proposal to
knowingly Encroach on the Parkland, whch IS specificallyprohblted.
7 10 No Waver of Future Ap~rovals.The approval or consent of the .4rchtectural Cornrmttee
to any Plans or Speclficahons for any work done or proposed or m connecbon mth any other matter
requuing the approval or consent of the Arch~tecturalC o m t t e e shall not be deemed to conshtute a
wmver of any nght to withhold approval or consent as to any Plans and Specrfications, or other matte-r
whatever, subsequently or addbonally submitted for approval or consent by the same or a d~fferent
person
7 11 Work m Proeress. The Arch~tecturalComrmttee, at i t s optlon, may inspect all work m
progress to Insure compliance wlth approved Plans and Specifications
7 12 Address Plans and Speclficabons shall be subm~ttedto the Architectural Commlttee at
12554 h a t a V~staCircle, Second Floor, Austin, Texas 78727, Attn: Steve Hemng, or such other
address as may be designated from tune to tune.
7 13 Fees The Architectural Committee shall have the nght to r e q w a reasonabl, submssion
fee for each set of Plans and Specificauons submtted for ~ t revlew
s
Art~cleVIII
FUNDS AND ASSESSMENTS
8 01 Assessments
The Assoc~ationmay fiom bme to tune levy Assessments a g m t each Lot that
(A)
has been unproved The level of Assessments shall be equal and u ~ l l f o mbetween all Improved Lots,
except for Violahon Assessments levled m accordance wlth Section 3 19 For the purposes of this
section, aLot shall not be considered to be "unproved" unt~la house has been constructed thereon. No
Assessments hereunder shall be levled against any unimproved Lot, except for Violation Assessments
levled agamst a Lot Owner, other than Declarant
(B) Where the obllgat~onto pay an Assessment first mses after the commencement
of the year or other period for whch the Assessment was levled, the Assessment shall be prorated as of
the date when s a d obligabon tint arose in proporbon to the amount of the Assessment year or other
period rernmng after sald dare
Each unpad Assessment, together wth such Interest thereon and costs of
(C)
collect~onthereof as herelnafier provided, shall be the personal obl~gabonof the Owner of the Lot
against whch the Assessment fell due, and shall become a vendor's hen a g w t each such Lot and dl
Improvements thereon. The Assoclahon may enforce payment of such Assessments m accordancewth
the provisions of t h s M c l e
8 02 Mamtenancc Fund The Board shall estabhsh a mmtenance fund into w h c h shall be
deposited all momes p a d to the Assoclabon and fiom whch disbursements shall be made m p e r f o m g
the functions of the Association under t h ~ sDeclaration The funds of the Assoc~at~on
must be used
solely for purposes authorized by thls Declarauon, as ~tmay from tune to tlme be amended.
8 03 Rermlar Annual Asscssments h o r to the b e g m u g of each fiscal year, the Board shall
estunate the expenses to be Incurred by the Assoclatlon during such year m p e r f o m g ~ t hs c t ~ o n s
under the Restncbons, whlch shall be llrnlted to the costs Incurred pursuant to the powers granted m
Secbon 6 05 and the cost of enforcmg the Restnchons, and a reasonable provlslon for conhngmcles and
appropnate replacement reserves, less any expected income and any surplus from the pnor year's b d .
Assessments sufficient to pay such estunated net expenses shall then be levied as herelnprovlded, and
the level of Assessments set by the Board shall be final and blndlng so long as ~tis made m good f i t h .
If the sums collected prove Inadequate for any reason, mcludmg nonpayment of any md~vldual
Assessment, the Association may at any tlme and fiom tune to tune levy fbrther Assessments m the
same manner as aforead. All such regular Assessments shall be due and payablc to the h s o c ~ a h o at
n
the be-g
of the fiscal year or dunng the fiscal year in equal monthly lnstallrnents on or before the
first day of each month, or m such other manner a s the Board may designate in ~ t sole
s and absolute
d s c r e ~ o n .In no event shall the regular annual Assessments per Lot for the year 200 1exceed the sum
of $360.00. Thereafter, at the Board's sole and absolute discrehon, the maximum regular annual
Assessments per Lot permtted hereunder may be rncreased by no more than five percent (5%) per year
Drxuuno~OF COVENAYTS,
C
O N D ~hhp
, ~
Bauerlc Ranch
C T I O N S
Page IS
(which may be curnulatlve- 1 e ,5% for each year not previously mcreased), unless approved by at least
two-thuds of each Class of Members who are vo tlng In person or by proxy at a mcehng duly called for
such purpose, wth the same quorum as reqmred for Special Assessments hereln Notxmthstanding the
foregoing, the Declarant shall pay assessments at the rate of one-fourth (%) of the reylar annual
assessments, so Iong as there is a Class B membershp, and Declarant hereby covenants and agrees that
m the event that the annual mamtenance fund revenues are insufficient to pay the operatmg expenses of
the Association, it shall provlde the h d s necessary to make up the deficit, withln thrty (30) days of
receipt ofrequest for paymcnt thereof horn the Assoc~ation In the altername, Declarant shall have the
nght to pay full Class A assessments on its Lots without relmqushlng its Class B status and shall then
be excused fiom the payment of any budget deficits
8.04 Suecia1 Assessments. In addlhon to the regular annual ksessments provlded for above,
the Board may levy specla1 Assessments to enable the Board to cany out the mandatory fimct~onsofthe
Associabon under the Restnchons, upon the approval of at least two-thlrds of the Members at a rneebng
called for that purpose, by adequate nooce, wtth at least sixty percent (60%) of the Members or their
proxles present at s a d meebng. If'sutty percen t (60%) of the Members do not attend, a second meeting
may be called wth the same nouce and the quorum needed for a d second meebng shall be thlrty
percent (30%) of the Members or theu proxies
8 05 Owner's Personal Obii~ationfor Pawnent of kssessments. The regular and special
Assessments provlded for herein shall be the personal and mdwidual debt of the Owner of the Lot
covered by such Assessments No h n e r may exempt hunselffi-om liability for such Assessments. In
the event of default m the payment of any such Assessment, the Owner of the Lot shall be obligated to
pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, fiom the due
date thereof, together with all costs and expenses of collecbon, rncludlng reasonable attorneys' fees
8.06 Assessment Lien and Foreclosure.
(A) All sums assessed m the manner provided in thls Article but unpad shall,
together with rnterest as provlded m S e c ~ o n8 05 h~reofand the cost of coIlection, including attorneys'
fees as hereln provided, thereupon become a contmulng hen and charge on the Lot covered by such
Assessment, whch shall bind such Lot m the hands of the Owner, nnd such Owner's hem, devisees,
personal representabves, successors or assigns Tie aforesad hen shall be superior to all other lens and
charges agamst the sald Lot, except only for tax llens and all sums unpaid on a first Mortgage l ~ e nof
record, secunng m e~therinstance sums borrowed for the mprovement of the Lot m questlon Any
foreclosure by the holder of a first Mortgage hen of record shall termmate the liability of the Lot for
dehnquent, pre-foreclosure A s s o c ~ a ~ okssess~ents.
n
The Assoclauon shall have the power to
subor&nate the aforesad Assessment lien to any other lien Such power shall be enhrely dlscreuonary
wth the Board and such subordmatlon must be s p e d by a duly authorized officer of the Association.
To evidence the aforesad Assessment hen, the Assoc~abonmay prepare a written notlce ofAssessment
lien sethng forth the amount of the unpad mdebtedness, the name of the Owner of the Lot covered by
such lien and a descnpnon of the Lot. Such nohce shall be srgned by one of the officers of the
Associa~onand shall be recorded in the office of the County Clerk of Trav~sCounty, Texas Such lien
for payment of Assessments shall attach wth the pnonty above set forth fiom the date that such
payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by
the Associahon m llke manner as a mortgage 0x1reaI property subsequent to the recording o f a n o k e of
Assessment hen as provided above, or the Assoclahon may Institute suit agmst the Owner personally
obligated to pay the Assessment andlor for foreclosure of the aforesmd hen j~dlcially In any
foreclosure proceedmg, whether judcial or not juhclal, the Owner shalI be required to pay the costs,
expenses, and reasonable attorneys' fees incurred The Assoc~ationshall have the power to bid on the
property at foreclosure or other legal sale and to acqulre, hold, lease, mortgage, convey, or otherw~se
B a u d c Ranch
DXUKATIOS OF COVt3(hP;(S. CONDITIONS. AND ~ C n O N S
P a p 16
deal wrth the same. Upon the wntten request of any Mortgagee, the Assocrabon shall report to said
Mortgagee any unpald Assesbmmts remamng unpad for longer than h r t y (30) days after the same are
due.
(B) In adltlon to foreclosure by appropriate judrcial procedngs, the Association
may foreclose ~ t shen agarnst each Lot, in hke manner as a Deed of Trust or contractual lien by
nonjudxc~alforeclosure m accordance wlth Sectlon 51 002 of the Texas Property Code or any future
amendments or recodification thereof, wthout waivlng its right to also proceed agmst the Owner on
the Owner's personal iiability Each Owner, by acceptance of a deed to a Lot hereby expressly vests In
the Board of Directors of the Associabon a power of sale to enforce the hen. The Board may exerclse
its power of sale by appolntmg an Agent or Agents, who may be removed-and replaced at any ume
wrthout any formality other than a wntten appomtment, s~gnedby the pres~dentor a vlce pres~dentof
the Assoc~abon The Board, achng on behalf of the Assoclabon, and actrng through its appomted Agent
or Agents, shall have the power to bid upon any Lot foreclosed at foreclosure sale and to acqu~remd
hold, lease, mortgage and to convey the same from and after the tlme that a foreclosure sale IS
conducted The recltds in the conveyance to the purchaser or purchasers shall be full and conclusive
ewdence of the tmth of the matters therein stated, and all prereqmsrtes to said sale shall be presumed to
have been performed, and such sale and conveyance shall be conclusive agaurst the Owner, h s heirs,
asslgns, executors, and administrators In the event any sale IS made of a Lot, the former Owner,hrs
tenants and other persons m possession under hun, shall forthmth upon the malung of the szle,
surrender and deliver possession of the Lot to the purchaser at the sale, and m the event of thelr falure
to do so, any occupant shall become a tenant at sufferance of the purchaser at the foreclosure sale and
tho, purchaser shall have the nght to evlct any persons by a proceehng brought m the Justice of the
Peace Court where the Lot IS situated Any personal property left on the p m s e s and not r e c l m e d
w t h n 10 days from the date of sale, shall be conclusrvely presumed to have been abandoned by the
former Owner, hls tenants or other parhes in possession under hm
In addihon to the precedmg, the Assocration 1s hereby given an assignment of rents and
may duectly collect h m any tenant rents that are owed to an Owner m any amount that 1s owed to the
Associa~onthat has not been paid by the Owner wthm tturty(30) days ofwritten demand to the Owner
at the last h o w n address for the Owner as reflected In the books of the Assoclahon, such demand bemg
effechve upon berng placed m the mall cerhfied mall, return recerpt requested, postage prepard The
Association is panted the nght, utlthout an obligation, to send a nohce of O ~ n e r ' snon-payment to any
lrenholder on a Lot.
Arbcle IX
EASEMENTS
9.01 Reserved Easements. All dedlca~ons,lun~tations,restnctlons, and reservahons shown on
the Plat and all grants and dehcahons of easements, nghts-o f-way, restricbons, and related nghts, made
pnor to the Propertybecomg subject to h s Declarahon are incorporated herern byreferencg andmade
a part of t h ~ Declaration
s
for all purposes as if fully set forth herern and shall be construed as berng
adopted m each and every contract, deed, or conveyance executed or to be executed by or on behalf of
D x l m t conveymg any part of the Property Declarant reserves the nght to make changes m and
additions to the w d easements and for the purpose of most efficientIyand economcally developing the
Property Further, Declamt reserves the nght, without the necessity of the jornder of any Owner or
other Person,to grant, ded~cate,reserve orothennse create, at any bme or from m e to tune, easements
for public utdlty purposes (mcludmg wthout llmtahon, gas, water, electtlcity, telephone and dramage)
m favor of any Person along any front, rear, or slde boundary h e of a n y h t , whch a d easanents shall
Bauulc Ranch
have a rnaxmw.m width of ten (1 0) feet (provided, however, that easements along side yard lot l ~ n e s
shall straddle such lot lmes with five (5) feet on each of the adjoimng Owner's Lots).
9 02 installation and Mamtenance. There 1s hereby created an easement upon, across, over, and
under all of the Property for m p s s and egress in connecuon wlth instalhng, replacmng, repanng, and
mantanmg all uhhbes, mcludmg but not limted to, water, wastewater, gas, telephones, and electnc~ty
lrnes and appurtenances thereto By vrrtue of this easement, ~t shall be expressly perm~ssiblefor the
utihty compan~esand other entlhes supplying semce to install and mantam pipes, wires, conduits,
servlce Ilne, or other utllity faahties or appurtenances thereto, on, above, across and under the Property,
wthm the pubhc ubhty easements from tune to tune exlstmg and fiom service lmes s~tuatedwith
such easements to the polnt of serv~ceon or la any Improvement Nohvlthstandmg any pmvis~on
contamed m k s sechon, no electrical hnes, water lmes, or other utll~t~es
or appurtenancesthereto may
be relocated on the Property until approved by Declarant or the Archltecturai Comrmttee The uhhty
compmes furmshg semce shall have the nght to remove all trees sltuated wthm the uhhty
easements shown on the Plat, in accordance wltb City Code and Regulahons, and to tnm overhangmg
trees and shrubs located on portions of the Property abutt~ngsuch easements
9 03 Dmnaee Easements. Each Owner covenants to provlde easements for drarnage and water
flow, as contours of land and the arrangement of Improvements approved by the Archtectural
C o m t t e e thereon, requlre Each Owner further covenants not to hsturb or hsplace any trees or other
vegetahon wrthrn the dmnage easements as defined m th~sDeclarahon and shown on the Plat There
shall be no construcbon of Improvements, temporary or permanent, m any dramage easement, except as
approved in writing by the Architectural Committee and the City No Owner may plant or allow to be
planted any trees or shrubs m the channel of any Dmnage Easement. No Owner may construct, or
allow to be constructed, any Improvement, mclu&ng a fence, that would mpede the flow of water
througb a h n a g e Easement.
9 04 Traffic Roundabouts. Lot 1-5,B1ock"FF" are Greenbelt and Public Utility W n m e n t lots
and will be matamed by the Association
9.05 Oreenbelt Lots Lots 2,53,90,100,101, and 108 of BlockUAand Lot 1 of B1ock'FP"
are
Greenbelt lots and will be rnsuntaned by the Assoclatlon
9.06 Surface Areas. The surface of easement areas for underground ut~lrtyservlces may be used
for plantrng of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any suppher of
any utihty service usmg any easement area shall be hable to any Owner or to the Assmabon for any
damage done by them or erther of them, or their respecave agents, employees, servants, or assigns, to
any of the aforesad vegetation as a result of any achvlty relatlng to the construchon, rnamtenance,
operatron, or repar of any facllity m any such ensement area
9.07 Common Area and Fac~libesEach Owns shall have a non-exclusive easement for use and
enjoyment m and to all Common Area and Fac~littes,whlch shall be appurtenant to and shall pass wth
title to such Owner's Lot, excludmg the Re-lmgation Systems areas, whlch are located m the Parkland,
subject to the following provisions.
(A) b g h t of Assuc~abonto suspend the Owner's voting rights and nght to use the
Common Area and Facilities for any period dunng which an Assessment a g w t such Owner's Lot
remams unpaid, and for any penod dunng which the Owner 1s in violahon of the rules and regulations
of the Association,
The nght of the Assoc~ationto dedicate or transfer all or any pan of the Common
(33)
Area and Facilities to any publ~cagency, authority or utility for such purposes and subject to such
cond~tionsas may be approved by a two-hrds vote of each class ofMembers who are vot~ngm person
or by proxy at a meetlng duly called for such purpose, w ~ t hthe same quonun as requlred for Special
Assessments herem;
The nght of the Associabon to borrow money for the purpose of ~mprovlngthe
(C)
Common Area and Fac~litiesand, In firrtherance thereof, mortgage the Common Area and Facil~hes,all
m accordance with the Articles and Bylaws;
(D) The nght of the Associahon to promulgate reasonable rules and regulattons
regardmg use of the.Common Area and Facilities, and
(E) The nght of the Assoc~ahonto contract for semces wth thud parties on such
t m s as the Association may determne
10.01 T m T h ~Declarat~on,
s
mcludmg all of the covenants, condlhons, and restnmons hereof,
shall run until January 1, 2026, unless amended as herem provlded M e r January 1, 2026, this
Declarahon, includmg all such covenants, con&tions, and restncbons shall be automahcally extended
for successive penods of ten (1 0) years each, unless amended or exhngushed as set forth In Secbon
10 02 below
10 02 hendment/Exhneu~shmentThrs Declaration may be amended or extmgwshed by the
recordmg m the Travls County Real Property Records of an ~nstrurnentexecuted and achowledged by
the Pres~dentand Secretary of the Assoc~abon,sethug forth the amendment or exhngushment and
c&@ng that such amendment or extxnguishrnent has been approved by Owners entxtled to cast at least
mety percent (90%) of the number of votes ent~tledto be cast pursuant to Section 6 03 hereof for the
first twenty years from the date hereof, and by seventy-five percent (75%) of said Owners thereafter.
Prowded, however, ~fany amendment attempts to eh-nmate the Assoc~ation'songolng ~ s p o n s ~ b i htot y
mamkun, repar. and replace the Re-lmgatron System, then the Re-mgabon System wll revert to and
re-vest m the City and the Assoc~ahonmust make alternative prowslons for the d~sposalof stormwater
f h m the detention ponds served by the Re-ungat~onSystem unless the Associabon makes alternahve
arrangements for fundlng the mantenance, repau, and replacement of the Rslrrigabon System for a
penod of twenty (20) years If the Assoc~abon1s cfissolved, and no surular associat.lonor organizabon
of the owners of the Lots is fonned for the mmtenance of the Common Area and Facil~tIes,then the
Re-lmgation System will revert to and re-vest In the City Lfthe Assoc~ahon1s drssolved, and a s~rmlar
assoclabon or organlzat~onof the owners of lhe Lots 1s formed for the muntenance of the Common
Area and F a c ~ l i ~ ethen
s , such successor association or orgmzat~onw l l assume responsiblhty for the
mamtenance, repw, and replacement of the Re-nngahon System
10 03 Notices. Any nobce perm~ttedor requred to be gven by h s Declarahon shall be m
wntmg and may be delivered either by certified mad, return receipt requested, or personally dehvered
and a wntten rece~ptrecelved therefor. If dehvery is made by certrfied m l , ~t shall be deemed to have
been dehvered the date on whch it was recelved by the person to whom such nohce was addressed
Such address may be changed from tune to tIme by not~ceIn Nmtmg gven by such person to the
Assoc~abon
Bauak Ranch
.
10 04 Interpretation The provisions of this Declarahon shall be hberally construed to effectuate
the purposes of creatlng a uniform plan for the development and opaahon of the Property and of
promoting and effectuahng the fimdamental concepts of the Property set forth in this Declarahon T h ~ s
Declaration shall be construed and governed under the laws of the State of Texas
10.05 Exem~honof Declarant Notwihstanding any provlsion In tins Declambon to the
contrary, neither Declarant nor any ofDmlarant's amvlties shall in any way be subject to the control of
or under the junsdlcbon ofthe Archtectural Committee Wlthout in any way Irrmbng the generality of
the precedmg sentence, h s Declarabon shall not prevent or Iimt the nght ofDeclarant to excavate and
grade, to construct any and alter dramage patterns and facilihes, to construct any and all other types of
unprovernents, s d e s and leasing offices and smilar facihties, and to post signs incidental to
construcbon, sales, and leasing anywhere w t h n the Property
10 06 Nonhabihty of Architectural Comrmttee and Board Members. Nelther the Archtectural
Comrmttee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the
Associabon or to any Owner or to any other persor?for any loss, damage, or Injury ansing out of thelr
being m any way connected wth the performance of the Archtectural Committee's or the B o d ' s
respectwe dubes under t h ~ sDeclaratron unless due to the urllfil msconduct or bad fmth of the
Archtectural Committee or its member or the Board or its member, as the case may be.
10 07 Assignment of Declarant Notwthstandrng any provlsion m ttus Declarabon to the
contrary, Declarant may assign, in whole or m part, any of lts pnvlleges, exempbons, nghts, and duhes
under tlus DeclaraQonto any other Person and may permit the partlcipatlon, m whole or in part, by any
other Person m any of its pnvlleges, exemptions, nghts, and dubes hereunder.
10 08 Enforcement and Nonwaiver Except as o t h e ~ sprovlded
e
herem, any Owner at hu own
expense, the Board, the City, andlor the Municipal Util~tyDlstnct havmg juns&cbon over the Property
shalI have the nght to enforce all of the provisions of the Restncbons. Such nght of enforcement shall
lnclude both damages for, and injunctive rellef agmst, the breach of any such prowslon. The f d u r e to
enforce anyprowslon of the Restncbons at any tune shall not c o m t u t e a waver of the nght thereafter
to enforce any such provlsion or any other provlslon of said Restrtchons. The Assoclahon shall have
the nght, when appropriate m its judgment, to clam or impose a lien upon any Lot or Improv,snent
constructed thereon In order to enforce any nght or effect compliance with h s Declarabon.
10.09 Construction. The provlslons of the Restrictions shall be deemed independent and
severable, and the mv&&ty or parhal mvahlty of any prowsion or p & o n thereof shall not affect the
vdiQty or enforceabihty of any other provlsion or porbon thereof. Unless the context requires a
contrary construct~on,the smgular shall include the plural and the p l d the smgular, and the mascuhe,
femmne or neuter shall each include the masculmt, fem~nrneand neuter. All capbons and htles used m
h s Declarabon are Intended solely for convemence of reference and shall not enlarge, h t or
o t h m e effect that whch is set forth m any of the paragraphs, secbons or d c l e s hereof
W A N D E ROF TiUS PAGE INTENTIONALLY LEFT BLANK]
DECLARATION OP COVEYANTS,CONDmONS, A..D RE5lWCllONS
Page 20
\*
IN WITNESS WHEREOF, Declarant has executed this Declarat~onto be effective on the
day of December, 200 1
DECLARANT:
CONTINENTAL HOMES OF TEXAS,L.P.,
a Texas lirnlted partnmhlp
CHTEX of Texas, Inc ,
By
apelaware corporation, its sole general partner
STATE OF TEXAS
COUNTY OF TRAVIS
8
4
8
Tlus mstrument was acknowledged before me on the may
of December, 2001, by Terry E
Mitchell, Vlcc Pres~dentof CHTEX of Texas, Inc., a Delaware corporabon, on behalf of sald
corporatlon, and the corporatlon acknowledges his instrument as General Partner on behalf of
Continental Homes of Austm, L.P , a Texas lunitd
on behal5cdjsaid limited partnerdup
M11bu1-nHomcs
Am LegalDcpt
12554 hata Vsta Crrcle, Second Floor
Austm, Tcxas 78727
FILED
OFF1
12-27-2001
11 38 Afl 2001217626
BENRVIDESV $49 00
MNA DEBERUVOIR ,COUNTY CLERK
TRAVIS C W N T Y , TEXRS
DECLARATION
OF COVENA.WS, CONDmDNS, AND -.*u
..
Page 21
FIRST AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
BAUERLE RANCH
THATWHEREAS,CONTINENTAL
HOMES OF T E . ~L.P.,
, a Texas limited partnership doing
business as Milbwn Homes ("Declarant") is the sole owner of certain real property located in Travis
County, Texas, as more particularly described as Bauerle Ranch, Section One, a subdivision of
record in Travis County, Texas, according to the map or plat recorded at Document No. 200100379,
of the Plat Records of Travis County, Texas (the "Propert):"), save and except the Parkland, as
defined below;
IT'HEREAS,
the Property is subject to the Master Declaration of Covenants, Conditions, and
Restrictions for Bauerle Ra.11ck dated December 17,2001. recorded under County Clerk's Document
No. 2001217626, Official Public Records of Travis County. Texas (as hereafter amended and
supplemented from time to time. the "Declararion"), and the Property, as defined herein, is the same
as the "Property" described in the Declaration;
WHEREAS,
Declarant desires to amend certain provisions of the Master Declaration;
Now,THEREFORE,
it is hereby declared. as to the Property, (i) that all of such Property shall
be held, sold, conveyed, and occupied subject to the Master Declaration and all easements,
restrictions, covenants, and conditions set forth therein, as anlended by this First Amendment to
which are for the
Declaration of Covenants, Conditions, and Restrictions (this "FirstAmendn~e~lt"),
purpose of protecting the value and desirability of, md which shall run with such Propem and shall
be binding on all parties having any right. title. or int~restin or to such Property 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 ivhich may hereafter be executed with regard to such Property or any portion
thereof shall conclusively be held to have been executed, delivered. and accepted subject to the
follo~vingcovenants, conditions, and restrictions regardless of \vhether or not the same are set out or
referred to in said contract or deed. All terms used in this First Amendment and not othensrise
defined herein shall have the meaning given such terms in the Master Declaration.
1.
follows:
Defined Terms. Article I of the Declaration is hereby amended as follows:
(a)
Parkland. Section 1.20 of the Declaration is hereby amended and restated as
1.20 Parkland. "Parkland" shall mean all of Lot 1. Block
"A", of Bauerle Ranch. a subdivision in Travis County, Texas,
according to the, plat thereof recorded under Document No.
2001 00379, of the Plat Records of Travis County. Texas. being also
described as approximately 309.00 acres of land, more or less, out of
NO. 2, ABSTRACTNO. 27. in Travis
the WALKERwILS~h' SURVEY
County, Texas, as more filly described in Exhibit "A", attached
hereto and incorporated herein for all pertinent purposes.
Bzuerie Ranch
Vegetative Buffer Strips. Section 1.27 of the Declaration is hereby amended
(b)
and restated as follows:
1.27 Ve.~etativeBuffer Strips. "J7egetariveBufer SD-ips"
shall mean those areas shown on the Plat as "Water Quality
Easements" and which are approximately 75-feet in width, some are
greater, that adjoin many of the Lots that adjoin the Parkland, which
are a method to treat storm water runoff that cannot be captured by a
detention pond or water quality pond. The Vegetative Buffer Strips
are the Water Quality Easements created by the Easement
Declaration.
Declaration:
(c)
Easement Declaration. The following Section 1.28 is hereby added to the
1.28 Easement Declaration. "Easement Declaration" shall
mean the Declaration of Easements and Restrictive Covenants dated
December 28, 2001, executed by Deciarant and the City. and
recorded under Document No. 2001220090, of the Official Public
Records. Travis County, Texas.
Vegetative Buffer Strips. Section 3.04 of the Declaration is hereby amended and
restated as follows:
7
-.
3.04 Vegetative Buffer S t r i ~ s The
. Vegetative Buffer Strips, sho\vn on the
Plat "Water Quality Easements" and senerally approximately 75-feet in width
adjacent to many Lots in the Property, will be maintained by the -&sociation as other
portions of the Parkland. If the Owner of any Lot adjacent to the Vegetative Buffer
Strips wishes to have a hi
level of maintenance than that provided by the City. it
is the Owner's responsibi
provide it; provided, however. any such maintenance
shall be subject to the
of Easements and Restrictive Covenants dated
December 28, 2001, executed by Declarant and the City, and recorded under
Document No. 2001 1220090. in the Official Public Records of Travis County, Texas.
Exemption of Parkland and City. So long as the Parkland is used for park and
3.
recreational purposes by the City. the City (as an Owner) and the Parkland (as a Lot) are hereby
exempted fi6m h e following
as provided herein:
The Citv's Exemptions. The City is exempted &om Sections 3.11,4.01,4.07,
(a)
and 4.08 of the Declaration.
Easements and Rirrht of Entry. Sections 9.02, and 9.03 shall not apply to the
(b)
Parkland. This amendment shall not effect, limit, amend, modify, or change the easements granted
and created by the Plat, the Easement Declaration, or any other instrunlent of record as of the date
hereof.
FIRST A h f m ~ ~ m TO
- r DECWIUTIO?.;
OF COVENA~TS,
CONDITIOXS. AND RESTRICTIONS
Baueric Ranch
4.
follows:
The Association. Section 6.03 of the Declaration is hereby amended and restated as
6.03 Voting Rights. There shall be three classes of membership for
ose of votin on any Association matter. The Class A Members shall include
eac Owner (exc uding Declarant) of a Lot within the Property and each such Owner
shall have one (1) vote for each Lot owned. The Class B Member shall be Declarant,
and Declarant shall have three (3) votes for each Lot owned b Declarant. The Class
B Membership shall convert to a Class A Membership upon t e earlier to occur of (i
Declarant owns less than nventy-five percent (25%) of the Property, or (ii) ten (1 0
years from the date of this Declaration. The Class C Member shall be the City! and
the Ci shall have no vote on any Association matter so long as the Parkland is used
for par and recreational purposes.
PT
k
I
X-
Section 6.05 of the Declaration is hereby amended. the follow Section 6.05(D) is added to the
Declaration:
6.05@)
To borrow money and to mortgage, fledge or
hypothecate any or all of the Common Area and Facilities as secunty or money
borrowed or debts incurred subject to the limitations set forth in this Declaration,
with the consent of at least 2/3 of the number of votes entitled to be cast pursuant to
Section 6.03 hereof.
Funds and Assessments. Article VIII of the Declaration is hereby amended as
5.
follows:
(a)
restated as follo\vs:
Assessments. Section 8.01(A) of the Declaration is hereby amended and
8.Ol(A)
The Association ma from time to time l e ~ y
.Assessments against each Lot that has been improved: other than the Parkland. The
level of Assessments shall be equal and uniform between all improved Lots, except
for Violation Assessments levied in accordance with Section 3.19. For the purposes
of this section. a Lot shall not be considered to be "improved" until a house has been
constructed thereon. No Assessn~ents hereunder shall be levied against any
unim roved Lot, except for Violation Assessments levied against a Lot Owner, other
than eclarant. Nohvithstanding any other provision herein. the Parkland shall not
be subject to any Assessments so long as it is used for park and recreational purposes.
General. The City shall not be subject to any Assessnlents under the
(b)
Declaration so long as the Parkland is used for park and recreational purposes. The City, as Class C
Member. shall have no voting rights with respect to any matter subject to vote under Article VEX.
To the extent that any other easement or restrictive covenant purports to require the Association to,
or g a n t the Association the right to, lexy an assessment for other purposes. then such requirement or
right shall not apply to the Parkland so long as it is used for park and recreational purposes. If at
any-hme the Parkland or any portion thereof ceases to be used for park and recreational purposes,
then the Parkland (or applicable portion thereof) shall be subject to .4ssessments.
8
Assessment Lien and Foreclosure. The following two sentences are hereby
(c)
added to Section 8.01(A)
Mortgagees are not required to collect any assessments, which may be owed
on any lot. Failure to pay assessnlents does not constitute a default under an insured
mortgage.
FIRSTAMENDMEXTTO DECLAIWTION
OF COMNANTS, CONDITIONS, AND RESTRICTIONS
Bauerle Rvlch
6.
Common Area and Facilities. The following subsection (F) is hereby added to
Section 9.07 of the Declaration:
9.07(F) If the only means of ingress or egress to any residence
located on a Lot is through any Common Area and Facilities, any conveyance or
encumbrance of that portion of the Common Area and Facilities shall be subject to an
easement for ingress and egress of the Residential Owner.
7.
Amendment/Extinguishment. Section 10.02 of the Declaration is hereby amended
and restated as follows:
10.02 PLmendmentlExtinwishment. This Declaration may be
amended or extinguished by the recording in the Official Public Records of Tra\yis
County of an instrument executed and acknowledged by the President and Secretary
of the Association, setting forth the amendnlznt or extinguishment and certifying that
such amendment or extin uishment has been approvedby Owners entitled to cast at
percent (90°0) of the number of votes entitled to be cast ursuant to
least
6. 3 hereof for the first hventy years f?om the date hereof, and y seventySection
five percent (75%) of said Owners thereafter. Provided, however, if any amendment
attempts to eliminate the Association's ongoing responsibility to maintain, repair,
and replace the Re-irrigation System or if the -4ssociation is dissolved and no similar
association or orpnization of the ovVnersof the Lots is formed for the maintenance
of the Common Area and Facilities, then the Re-irrigation System will revert to and
re-vest in the City, and prior to any such amendment or dissolution the Association
must make alternative provisions for the disposal of stormwater from the detention
ponds sen1edbv the Re-irrigation System unless the Association makes alternative
arrangements for funding the maintenance, repair, and replacement of the Rei m ation System for a period of twenty (20) years. If the Association is dissolved.
an a similar association or organization of the olvners of the Lots is formed for the
maintenance of the Common Area and Facilities, then such successor association or
orzanization will assume responsibility for the maintenance, repair, and replacement
of the Re-irrigation System.
f
f
2
General. This Amendment is intended to clarify that the Parkland, so long as used
8.
for park and recreational purposes, is not subject to certain provisions of the Declaration, as set forth
herein. Neither the Declaration or any provision of this Amendment which relates to the Parkland
and the matters covered by this Amendment may be modified. amended, and/or ternlinated without
the written consent and joinder of the City. Othenvise, the amendment rights set forth in Section
10.02 (as amended and restated above) shall apply.
[REMAINDER OF THIS PAGE MTENTIONALLI'
FIRSThhrn~m
TO D m r r o s
OF COVENAWS,
CONDITIONS,
AND RESTRlCnONS
LEFT BUNK]
Baucrie Ranch
N WITNESS IWERECF, Declarant has executed this Declaration to be effective on the
12' day of November, 2002.
CONTINENTAL HORES OF TEXAS, L.P.
(a Tesas limited partnership)
By:
CHTEX of Texas, Inc.,
(a Delaware corporation)
Its sole general partner
By:
-
STATE OF TEXAS
COUNTY OF TRAVIS
8
9
8
@
This instrument was acknowledged before me on thi
day of November, 2002, by
Terry E. Mitchell, Vice President of CHTEX of Tesas. Inc., a Delaware corporation, on behalf of
said corporation, and the corporation acknowledges this instrument as General Partner of Continental
Homes of Texas, L.P.. a Texas limited
After Recorhg. Please Return To:
Timothy C. Taylor, Esq.
JACKSONWALKERL.L.P.
100 Congress Avenue. Suite 1100
Austin, Texas 78701-4099
FILED RND RECORDED
O F F I C I R L P U B L I C RECORDS
FIRSTA ~ I E N D ~TO~DTE C L A R ~ O N
or: CO\~EXAWS,COSD~TIONS,
AND RESTRICT~ONS
11-13-2002
10:57 Qfi 2002217566
ZAVALRR $17.00
DRNR DEBERUVOIR ,COUNTY CLERK
T R R V I S COUNTY, TEXAS
T Z V 2881217527
9 PSS
lliiilliliiIil i llliilil lllllilllllllll l l l l l llllIl1
I OR\IAT I 0 BC I \FU FOR IPM
RL\ I KI< I I\ E ( O\.L\ 4Yfh
Case No C-8-00-11351A
OWNER
Contlnencnl H o m a of Turns, LP
Dba M ~ l b u r nHomes
MAILING ADDRESS
1354 Ruts V n c l C1rde
3- Floor
A u s n a TX 78727
CONSIDERATION:
Ten and NonOO Dollars (510 00) a n d other good and valuable wnstderar~onpatd by
Ctcy Of Ausun to the Owner, the recupt and sufliaency of wmch s acknowledged
F o r the propertla shown on rhu plat, Case No CS-00-2235 I k a 478 68 acre met of land, that a r e
w t t h ~ athe " C ~ t yof Ausnn Deiined Edward's Aqutfer Recharge Zone", o r the VSOS related
Contr~buungZone", t h u c p r o p v u e r a r t subject to the all the rrqulrernents set forth la the
.
Integrated Pest Hanagemeat Plan Satd 478 68 a w e m c t of land. Case No C3-00-7Z35 1A. betng
more panlcularly descrtbed by m e t s a n d bounds rn *Exh~bttA- anached and ~ncorporatedh e r e ~ n
lor all purposw
PROPERTY:
\VHERE.S, ihe Owner of the Property and-the City Of Aushn have agreed that rbe P r o p u n . should be t m p r a s c d
wtrh cennln mvenann and m r t c u o n g
NOW. THEREFORE. rt 1s d & d thnr ?be Owner of Propen).. ior the cons~dennon.s n d l hold. sell and convey
the Prop-,
sublect to the follomng covennnts and r m c n o n s lrnpressed upon the Propcny by thts r a m c n v e covenant
These covensnts and resarmoas sball run wlth the land. a n d shall bc btndlng on the Owner ofthe Proprny. In h e l m
succeJson and m ~ g n s
I
The owner shnil comply wtth the Intcgrzted Pest Management (IPM) Plan vn record. as approved by the Warcnhcd
Protecnon and Development Revlew Dept (WPDRD)for Subdlvlsaon Case No CWO-2235 I & as may
beamended from nme to trme by the owner upon approval by the W D R D , smd IMP Plan bung a m t a b l e for
r m e w and rnsperrton tn the Omce o i r h e WPDRO In Subdlvwron C u e No (38-00-2135 1A
1
Lf any persan or enlny shall nolare o r anempt to nolate thls ngrument and covenanr rt shall be 1awful.for t h e Clty
Of Ausnn to prosenmc procetdtngs at law o r in equrry ngnlnst such person or tnttcy vtolanag or atternpang t o
v ~ o h t such
e
a g m r n e n t or covenant to prwent the person o r enow from such rcrronr and ro collm damages for
such acnons
3
If any paR i f thlf agreement o r mvenaor K dednred tnvaltd, by judgment or c o u n anier, the same shall 10 n o way
affect any of the other pmvtslons vfrhls agreement and such rcmalntng ponton o i thts agreement shall remaln tn
full e f r m
'
4
If i t any ume the Crry of Austrn fmls to enforce this agreement whether or not any noiattons o f ~ are
r known. such
f a ~ l u r shall
e
not consarutc a wntver o r moppels of he ~ g htot enforce tt
5
T h ~ agreement
s
may be m d f i e d , amcnded. o r tcrnnnnted ooly by juant manon of the (a) D I R E m O R O F WPDKD
O F T = CTIY OF AUSTIN. and ib)'by the owaer(s) of the property subject to the r n o d ~ f i w h o asrnmdment or
renunanon at the tlme of such modliicnuon, amendment or termrnaltoh modlficstloa amendment or Terminanon
,411 atatlous ro h e Ausun Gry Code shnll refer to the Auntu C ~ t yCode 012001. ar amcoded from ume to urnc.
c o o u n requtra. s~ngularnoum and pronouar lndode the p i u n l
DATE
,'f, /,
T h ~ tnmument
s
was a&owledged
,/lp
before me on this
10
(7
,2001
A
478 69 Acres
Bauerie b n c h
Ftnal Plat
C&8
FN00-093 (RLM)
MAY 20,2001
Project No 050024 001 t 0302
A DESCRIPTION OF 478 E9 ACRES OUT OF THE WALKER WILSON SURVEY NO 2, ABSTFiACT
NO 27 IN TRAVIS COUNTY. TEXAS, BEING A PORTION OF A CALLED 523 70 ACRE TRACT OF
LAND AS DESCRIBED IN A DEED TO CONTINENTAL HOMES OF TcXAS, L P AS RECORDED iN
DOCUMENT NO 2000134315 OFTHE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS
SAID 478 63 ACRE TRACT. AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE
PARTICULWLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING at a 112-lnch Iron md found for the northwest comer of the satd 523 70 acre tract, being the
northeast comer of Lot 19 of Shady Hollow Sectlon 4, a subdlvlslon as rzcorded In Book 84, Pages 1018101C of the Plat Records of Tnvls County, Texas, same belng on the souih !me of Squirrel Hollow Dnve,
a 3 19 acre vanable wldth ncht-of-way as descnbed In a deed to Trav~sCounty, Texas, as ~ c s r d e dIn
Volume 2604, Page 487 and rs-recorded In Volume 3766, Pages 1754 of the Deed Records of Travls
County. Texas.
the north Ilne cri tbe sard 523 70 acre tract, belng the south line of the sala 3 19 acre tract
THENCE,
the followng two (2) courses
1
S 89" 57' 3 8 E, a distance of 909 95 feet to a 3%-~nch
Iron plpe found for the southeast comer of
the sald 3 19 acre irad, same belng an lntenor ell comer to the heran descnbed tract, and
2
N 01' 24' 10" W, 2- distance of 60 28 feet io a ?4-lnch iron prpe found for the northeast a m e r of
the said 3 19 acre tract, same bang the southeast comer of Lot ?. ai Brodle Spnngs Seaon One,
a subdrv~sronas recorded In Volume 35, ?ages 33-35 of the Plat Records of Travrs County,
Texas, and also be~ng
the southwest comer of Lot 5 of Elmwood Park, a subdlvlslon as recorded
rn Volume 80, Page 5 of the Plat Records of Travrs County, Texas,
THENCE, contrnu~ngwrth the norih line of the sald 523 70 acre tract, berng the south llne of the sard
Lot 5: S $9" 35' 03" E, a distance of 223 09 feet to a 50d nall found for the southeast comer of the sald
Lot 5 , same being the southwest comer of a called 25 102 acre tract of land as conveyed to Jessco
Constmcjon Company, Inc , as recorded In Volume 12679, pg 1099 of the Real Property Records of
Travls County,Texas,
THENCE,mntlnulng wlth the north line of the sald 523 70 acre tract, belng the south line of the said
25 102 acre m c t the following three (3) courses
1
S 89' 27' 11" E, a &stance of 1343 45 test to a 1Y~lnch
Iron prpe found.
2
S 83' 17' 55" E, a d l s ~ n c eof 40 71 feet to a 1Yhnch Iron p~pe
found, and
3
N 83" 21' 22" E, a dls%nce of 161 97 f e d to a 1Y~rnchiron p~pefound for the southeast camer of
the said 25 102 acre tract, same berng the southwest comer of a 0 208 acre tract of land as
descnbed In a deed to Jessco Construction Company, Inc as recorded rn Volume 12679, Page
1099 of the Real Property Records of Travrs County, T~,xas,
THENCE, mntlnulng wth the nonh 11neof the sald 523 70 acre Iract, bang the south lrne of the said
0 208 acrs Bet. N 89' 22' 32" E. a elstance of 144 90 feet to a 1%inch ran prpe found ior the southeast
corner of the sac 0 208 acre mct. same belng rn the west nghtsf-way line d Llndshire h n e , same betng
a southwest comer of Tangiewood Forest. Sedon Four, Phase A. a subdivlslon as rscorded In Volume
83, Psges 578-57C of the Plat Records of Trav~sCounty, Texas,
THENCE,continu~ngwrth the north llne of the satc 523 70 acre h c i , be!ng the south llne .dthe sad
FN00-093 (RLM)
MAY 20,2001
C&B Fmjeci No 050024 007 1 0302
478 69 Acres
Bauerle Rancn
F~nalPlat
Tanglewood Forest, Sect~onFour. Phase A. and the south llne of Tanglewood Forest, Seci~onE~gh:, a
subdlvls~onas recorded In Volume 83, Fages 213A-2138of ihe Plat Rec~rdsof Trav~sCounty, Texas,
the f o l l o w ~ nseven
~
courses
1
S 89" 12' 46" E, a distance of 50 00 feet to a point,
2
N ES"58' 20" E, a d~stznceof 152 34 feet to a %inch rron rod found forihe common comer of Lot
2 and Lot 3 of the sard Tanglewood Forest, Sectlon Four. Phase A,
3
N 89"54' 10" E. a dlstance of 527 58 feet to a 318-inch lron rod found,
4
N 89" 53' 04" E, a drsbnce of 68 8s ieet to a %inch iron rod found,
5
N 29' 17' 34" E, a d~stanceof 160 38 feet to a 318-~nchIron rod found.
6
S 58' 36' 46" E, a disiance of 267 45 feet rct a 518-inch rron rod found, and
7
N 89" 54'35" E, a dlsianc? of 723 58 feet to a 518-rnch lron rod found ior the northeast comer of
the sa~d523 70 a c n tract. be~ng
the northwest comer of a called 7 40 acre a c t of land described
In a deed to Raymond E Ender as recorded in Volume 1441. Page 167 of the Deed Rewrds af
Travis County, Texzs.
THENCE, leavlng the south line of the s a ~ dTanglewood Forest, SecQon E~ght,wrth the east line of the
s a ~ d523 70 acre tract, be~ngthe west llne of the s a d 7 40 acre tract, S 00" 10' 51" W, a distance of
399 12 fee: to a 112-rnch Iron rod found for the southwest comer of the said 7 40 acre tract, same being
the northwest corner of Lot 27 of Ford Oaks Annex, a subdrv~s~on
as recorded In Book' 2, Page 194 of the
Plat Records of Trav~sCounty, Texas,
THENCE, continuing w f i t h e east lrne of the s a ~ d
523 70 acre tract. be~ng
the west llne of the said of Ford
Oaks Annex, S 00" 16' 38" W a drstance of 928 65 feet to a 314-inch lron rod found bang the northwest
comer of a called 4 03 acre tract of iand descr~bedIn a deed to Andy Wagner, as recorded in Volume
S
Texas,
7346, Page 453 of the Real Pnoperty Records of T ~ Z WCounty,
THENCE S 00" 02' 38" E, a d~stanceof 8% 73 iset to %-Inch Iron pipe found forthe southwest comer of
the s a ~ d4 03 acre tract, be~ngthe northwest comer of a called 3 852 a m tract of land descnbed In a
deed to Gnffln and Company, 2s recorded In Volurre 11848, Page 335 of 3?e Real Property Records of
Trav~sCounty. Texas,
THENCE, conbnulng wth the east llne of the sard 523 70 acre m c t , be~ngthe west llne of the said 3 E52
acre tract, S 00" 08' 58" W, a drsrance of 463 26 ieet to a %-inch iron pipe found forthe southwest comer
~f the s a d 3 852 acr& '$act, berng the northwest comer of Lynnbrook Dnve, a 50 foot flght-of-my, as
descnbed In a deed to Trans County, as recorded In Volume 3651, Page 860 of the Deed Records of
Travis County, Texas,
THENCE, conbnuing wrth the east line of the s a ~ d523 TO a c tract,
~
belng the west lrne of the sad
Lynbrook Dnve, and the west line of a cailed 2 92 acres of iand as desenbed In a deed to R3bert i
:
Glenn. Jr , as recorded In Voiume7580, Page 425 oiihe Real Property Records ofTews County,Texas,
S 00" 51' 02" E, a drstance of 1306 20 feet to a point for the approxrmate conterllne of Slaughier C ~ e k .
same be~ngthe southwest comer the sard 5 92 acre tract, and belng a northwest comer of a 17 57 acre
tract of land as conveyed to Sam Alexander as recorded In Volume 1488, Page 21 1 of the Deed Records
of Trav~sCounty. Texas. for a southeast corner of the here~ndescnbed tract,
Fsge 2 of 7
.
FN00-093 (RLM)
MAY 20,2001
CBB Project No 050024 001 1 0302
478 69 Acres
Bauerle Ranch
Flnal Plat
THENCE, w~ththe southeast line of the said 523 70 acre tract, belng the approxlmzte centedine of
Slaughter Creek and the north line of the said Lot 57 the following three (3) courses
1
S 66" 45'30" W, a distance of 288 06 feet to a polnt,
2
S 32" 50'30" W, a drs'ance of 222 22 feet to a point and
3
S 53" 25' 49"W, a dlsiance of 388 02 fesi to a Iron pipe found forthe northwest comer of the said
17 57 acre tract, being the northeast c ~ m eof
r Lot 57,Block f of Hlilcrest Sectlon 2, a subdiv~sion
as recarded In Volume 161, Pages 27D of the Plat Records of Trav~sCounty, Texas.
THENCE,cont~nuingwrth the southeast llne csf the satd 523 70 acre tract. being the approxlrnatt
centerfine of Slaughter Creek and the north llne af h e said Lot 57 the following thirteen (13) courses
2
S 46" 16' 18" W, a distance of 89 37 iee'. tc a polnt,
3
S 58' 38' 37" W, a d~stanceof 68 56 izet io a point,
4
S 76" 13' 44" W, a d~stanceof 77 53 feet to a pornt,
6, N 77" 45'44" W, a distance of 161 90 ket to a polnt,
7
N 79" 26' 15" W, a d~stanceof 134 98 feet to a polnt,
8 S 77"35' 45" W, a dlstance of 132 97 feet to a polnt,
9
S 74"04'49"W, a distance of 64 55 feet to a polnt,
10 N 84" 15' 1On W, a dls2nce of 93 04 feet lo a point.
11 N 63" 25' 43" W, a distance of 75 12 feet to a pornt,
12 N 66" 46'50"W,a d~s%nceof 768 7! fset TI a polnt, and
13 N 60" 01' 15"W,a d~stanceof 36 82 feet to a polnt for the northwest comer of the said Lot 57,
belng an Intenor camer of the sad 523 70 acre tract,
THENCE,wrth an east line of the sa~d523 70 ~ c r -id.
z
belng tbe west line of the said Lot 57 and the
west 11neof Lot 56 of the sa~dof Hlllcnst S ~ h o 2,
n the iollowing three (3) courses
1
S 21" 14' 14" W, a d~stanceof 53 37 feet to a point,
3
S 07"49'07"W,a d~sianceof 214 83 fset to a 1-inch iron plpe found on the intenor ell comer oi
Lot 56 of the sa~dsubaiv~s~on.
and a southelst corner of the sa~d523 70 acre tract.
Page 3 of 7
3400-093 (RLM)
MAY 20,2001
C&B Project No 050024 001 1 0302
478 69 Acres
Eauerle Ranch
Final Plat
THENCE.wrth a south lrne of the said 523 70 acre t-act, N 84" 41' 21" W, passing at a distance of 18 00
feet a northwest comer of the sard Lot 56, being the northeast comer of a called 70 066 acre tract of land
as conveyed to Hillcrest Subdlvrsion, Ltd , as recorded In Volume 12916, Page 1130 of the Real Property
the south line of the sald 523 70 acre tract, berng the
Records of Trav~sCounty, Texas, contlnurng 1~1th
north lrne of the sard 70 066 acre tract, a total distance of 567 18 feet to a l-lnch Iron prpe fcund,
THENCE, conbnurng with the south line of the sard 523 70 acre tract, berng the no^ lrne of the sard
70 066 acre tract of land, S 72" 33' 26" W, a drstance of 515 46 feet to a point,
THENCE,leavrng the sald I~ne.crossing the sard 523 70 acre tract,the following thirty-nine (39) courses
1
a dlstance of 39 94 feet wrth an arc of a curve to the Isft whose centrai angle is 04"34' 3 7 , W h a
radlus of 500 00 feet and whose chord b ~ a r s
N IS043' 52" W, a dstance of 39 03 fset to a point
2
a ais'ance of 39 94feet wth an arc of a curve to the nghtwhose central angle IS 04" 34' 3 7 , wm
a radrus o i 500 00 k t and whose chord bears N 19' 43' 52" W, a drstance of 39 93 feet to a
point,
3
N 17" 26' 34" W, a distance of 64 20 feet to a point,
4
a distance of 13 91 feet w~than arc of z curve to the nght whose central angle IS 53" 07' 3SV,wrth
a rad~usof 15 00 feet and whose chord bears N 09" 07' 21" E, a distance of 13 42 feet to a po~nt,
5
a disiance of 173 45 feet wth an arc of a wrve to the left whose central angle IS 180" 41' 30",
wlth EI radlus of 55 00 feet and whose cnord jears N 54" 39' 30" W, a d~stanceof 110 00 feet to a
polnt.
6
a dlstance of 13 91 feet wth an arc of a curve to the nght whose central angle rs 53" 07' 48", wrth
a rad~usof 15 00 feet and whose chord bears S 61" 33' 39" W, a d~stanceof 13 42 feet to a point
7 S 88" 07' 33" W, a distance of 413 51 iest to a point.
8 a dlstance of 322 56 feet wrth an arc of a curve ro the nghi whose central angle IS 49" 32' 52",
wth a radlus of 373 00 feet and whose chord bears N 67" 02' 01" W, a drst2nce uf 312 60feetto
a pcrnt
9
N 42" 19' 35" W, a drstance of 66 32 fezt lo a pornt,
10 a disdnce of 23 56 feet wrth an arc of a curve to the nght whose central angle IS 90" 00' OO', wrth
a ndlus of 15 00 feet and d o s e chord bears N 02" 40' 25" E. a drstmce of 21 21 feet to a point,
12 a dlstancs of 14 44 feet wrtb an arc of a cuwe to the ngM whose central angle IS55" 09'00",
&
a rad~usof 15 00 feet and whose chord bears N 75" 14' 50""E. a atstance of 13 89 feet to a point
13 a drsknce of 88 80 feet wlth an arc of a curve to the left whose central angle IS 92" 30' 38",with a
radr~sof 55 00 feet and whose chord bears N 58" 34' 07" E, a drsbnce of 79 47 feet to a point.
14 S 79" 41' 12" E, a dlstance of 157 22 feet io a pornt,
15 N 47" 40' 25"
E, a distance of 196 22 feet to a pornt,
Page 4 of 7
.
.-
.
FN00-0S3 (RLM)
tvMY 20,2001
C&B Project No 050024 00 1.I G302
478 69 Acres
Barjerie Ranch
Final Plat
16 N 42" 19' 35" W, a drstance of 502 88 feet to a pornt.
17 S 47" 40' 25" W, a d~stanceof 300 00 feet to a pornt,
18 a disiance of 270 S4 feet with an arc of a ccrve to the left whose cenrrai angle 1s 29" 34' 09", wth
a rad!us of 525 00 feet and wnose chord bears N 57" 06' 39" W, a dlstance of 267 95 feet to a
pornt,
19 N 18' 06' 76" E, a drstance of 125 00 feet to a pornt,
20 N 74" 39' 06" W, a drstance of 62 51 feet to a po~nt,
21 N 81' 12' 50" tV: a d~stznceof 86 30 feet to a pornt,
22 a distance of 15 41 feet wfih an arc: of a cuve to the left wnose cent-al angle IS 17" 39' IF,wth a
radrus of 50 00 feet and whose chord bears N 11" 42' 18"W, a arsxnce of 15 35 fsst to a pornt,
23. N 69" 28' 03" E. a dis%nce of 136 68 feet to a po~nt,
24 N 26" 31' 47" W, a drsisnce of 131 56 feet to a pornt.
25 N 65" 44' 52" E,a drstance oi 100 18 fest to a pornt,
26 N 39" 08' 13" W, a dlsiance of 149 69 feet to a pornt,
27 a distance of 125 G6 feet w t h an arc of z curve to the left whose central angle is 120" 16' 42", .
with a radrus of 60 00 feet and whose chord bears N 09"16' 34" W, a distance of 104 07 fee?to a
po~nt,
28 N 20" 35' 05" E. a d~shnceoi 125 00 feet to a pornt,
29 N 88" 48' 27" W, a distance of 122 85 feet to a pornt.
30 S 50" 09' 32" W, a dls'ance of 101 52 fset to a pornt,
31 S 88" 09' 41" W.
2
drstance of 243 00 feet to a polnt,
32 N 01' 50' 19"W, a distance of 35 31 feet to a point,
33 a drs'nnce of44 36 feet wrth an arc of a curve lo the rrghtwnose ceni,%langie IS9" 18' 3 9 , wrth a
rad~usaf 273 00 fzet and whose chord bears N 02" 49' 00" E, a drstance of4.6 32 feet to a point,
34 N 07' 28' 20" E, a d~stanceof 149 55 feet to a pornt,
35 a drs:ance of 40 34 fsetwrth an a n of a curve to the lsfi whose central angie !s7" 09' 24". \MTIIa
radrus of 327 00 f& and whose chord bears N 03" 53' 38"E, a distance of 40 82 feet to 3 pornt,
36 N 00' 18' 53" E. a distance of 38 28 feet to a pornt.
37 a drsznce of 13 Sl i e t wrth an arc oi a curve to the right whose central angle IS 53' 07' 48", wrth
a radrus of 15 00 fsst and whose chord b e a , N
~ 26" 52' 50" E, a drstance of 13 42 feet to a pornt,
Page 5 of 7
FNOC-093 (RLM)
478 89 Acres
Gauerie Ranch
Ftnal Flat
MA'I' 20,2001
C&B Project No 050024 001 1 0302
38 a d ~ s s n c zof 188 40 feet wrth an arc of a curve to the left whose central angle is 136" 15' 3 7 ,
wrth a rsdlus of 55 00 feet and whosa chord bears N 44" 41' 04" W, a d ~ s i a n cof 108 3 9 feet to 3
polnt,
39 a dtsiancc of 13 S l feet wtth an arc of a curve to the nght whose central angle IS 53" G7'48", wrth
a rsdlus of 15 00 feet and whose chord bears S 63' 45' 02* W, a drstance of 13 42 f s e t to a polrri.
40 N 8s"41' 04" W, a distance of 18 42 feet to a p o ~ n t
41 a distance of 50 11 feet with an arc of a curve .to the nght whose central angle IS 05" 44' 31n,wrth
a radrus of 500 00 feet and whose chord bears N 86" 48'48" W,a d~stanceof 50 09 feet to a
porn\
a
42 a dlsknce of 50 11 feet with an arc of a curve to t h e left whose central angle w 05' 44' 31",
radlus of 500 00 feet and whose chord bears N 86" 48' 48' W, a a~sianceof 50 09 feet to a potnt.
on the west lrne of the sard 523 70 acre tract of land, same belng the southeast comer of Lot 18
of Shady Hollow, Sectcon 6, Phase C, as recorded In Book 84, Page 74C-74D,
THENCE,wlth the west llne of the said 523 70 acre tract, being ths east lrne of the said Shady Hoilow,
Sedon 6, Phase C, and the east lrne o i Shady Hollow, Section 6 Phase B. a subdrv!sion as recorded In
Book 84, Pages 73C-73D of the Plat Records of Travls County, Texas, N 00" 18' 55" E, a drstance of
1247 82 feet to a 112-rnch Iron rod found for the northeast comer of Lot 52 of the said Shady Hollow
Sectlon 6 Phase B, for the southeast corner of a called 3 55 acre tract of land described In a deed to
Shady Hollow Homeowners Assocratron, Inc as recorded rn Volume 12630, Page 205 of the Real
Properiy Records of Travis County, Texas,
THENCE,wrth the west ilne of thp sard 523 70 acre tract, being the east lrne of the sad 3 55 acre tract,
and the east line of thee sard Shady Hollow Sectron 4,N 00" 18'40" E,a d~s'anceof 1779 92 feet i O the
POINT OF BEGINNING and contatnrng 478 69 acres of land
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY Of FL4VIs
.
.
That I. John Strawbndge, a Regrstered Professional Land Surveyor. do hersby certrfy that the
above descnpilon is t r u ~and correct to the best of my knowledge and belief
WITNESS MY HAND 4 N D SEAL at Aushn, Travis County, Texas, thfs the 16' day of October,
Carier & Burgers, Inc
901 South Mopac Blvd
Ausbn, Texas 78746
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J O H N ~ a-.
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Page 8 of 7
Regrstered Profess~onalLand Surveyor
No 4293 - State of Texas
478.69
ACRES
CONTINENTAL HOMES
OF TEXP.S, L P
5 2 3 7 0 ACRES
DOC h 0 2000134315
FILED QND RECORDED
O F F I C I R L PUBLIC RECORDS
I Z - Z ~ - Z B ~ ~11 38
fin 2001~17627
BEWVIDESV $25 00
DRNR DEJERWOIR ,COUNTY CLERK
TRAVIS COUNTY, TEXRS