Z-94-02-10-8F - 2/10/1994ORDINANCE NO. Z-91-0
AN ORDINANCE AMENDING ORDINANCE NO. Z- 94- 02- 10 -8F,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
FEBRUARY 10, 1994, BY AMENDING EXHIBIT "B", THE
DEVELOPMENT PLAN OF PUD NO. 11, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE, SAID AMENDMENT TO CHANGE
SELECTED BUILDING SETBACK REQUIREMENTS AND PROVIDE
FOR ENFORCEMENT OF DEED RESTRICTIONS, PROVIDING FOR
A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
WHEREAS, on February 10, 1994, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z- 94- 02- 10 -8F, which
established PUD No. 11, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Development Plan, which
is Exhibit "B" of PUD No. 11, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -94-
02 -10 -8F on the 19th day of March,
publication of said public hearing, and
WHEREAS, after considering the public testimony
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z- 94- 02 -10 -8F be amended, and
WHEREAS, on the 10th day of April, 1997, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z- 94- 02- 10 -8F, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z- 94- 02 -10 -8F promotes the health,
safety, morals and general welfare of the community, and
R:\ MPOOCS \OROIMANC \OR]0 411)1 , .MPO /Od0
1997, following lawful
received at
WHEREAS, each and every requirement set forth in Chapter
211, Sub- Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council hereby determines that the proposed
amendment to Planned Unit Development (PUD) District #11 meets the
following goals and objectives:
(1) The amendment to P.U.D. #11 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #11 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #11 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
II.
That Section 9.A. of Exhibit "B" of PUD No. 11, as approved in
Ordinance No. Z- 94- 02- 10 -8F, is hereby amended to read as follows:
2.
Special requirements- Rear setbacks for the below - listed lots,
located in Forest Ridge, Phase III, Block C, shall be as follows:
Lot Rear Setback
Lot 28 79 feet
Lot 29 65 feet
Lot 30 70 feet
Lot 31 69 feet
Lot 32 50 feet
Lot 33 83 feet
Lot 36 20 feet
Lot 24 20 feet
Lot 25 20 feet
Lot 26 20 feet
That Section 9.B. of Exhibit "B" of PUD No. 11, as approved in
Ordinance No. Z- 94- 02- 10 -8F, is hereby amended to read as follows:
B. Large Lots: 35 feet front
10 feet side
10 side (along side street)
20 feet rear (for buildings and
auxiliary buildings)
10 feet rear (for all other structures)
IV.
That Exhibit "B" of PUD No. 11, as approved in Ordinance No.
Z- 94- 02- 10 -8F, is hereby amended by adding a new Section 24, which
shall read as follows:
3.
24. ENFORCEMENT OF DEED RESTRICTIONS: The property owner's
association shall be the entity responsible for enforcing the deed
restrictions. Although the City reserves the right to review and
approve any amendments or modifications to the deed restrictions,
it is not the intent of the City to assume responsibilities
normally reserved to a property owner's association.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 1C)- day
a of 1997.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1997.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
d6 FE-rim, City Secreta
c 4 snug' We-046z,, Assr.
4.
1997.
CHARLES C
/ 4ViD ER, Mayor
City of Round Rock, Texas
FOREST RIDGE
P.U.D. 1 1
Date: April 8,1997
Subject: City Council Meeting April 10, 1997
Item: 13.F. Consider an ordinance to amend PUD No. 11 by changing
the building setback requirements. (Forest Ridge) (First
Reading)
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
On March 19 the Planning and Zoning Commission recommended amending the
Forest Ridge PUD Development Plan in three locations as follows:
1. Clarifying the rear setbacks for the large lot (18,000 SF minimum) area. The
original PUD placed a 20 foot rear setback, which was meant only for
buildings and out buildings. Unfortunately the City's Code includes
structures such as swimming pools, patios, sport courts and other structures
in this classification. The amendment maintain the 20 foot setback for
buildings and outbuildings and allows a 10 foot setback for the above
mentioned recreational structures.
2. Reduce the rear setback from 50 feet to 20 feet for lots 24 - 26 of Forest Ridge
Phase III Block C. These three lots will maintain their one story height
restriction, and would be added to the previously modified rear setbacks fro
lots 28 -33 and lot 36, which were negotiated with surrounding property
owners. The three lots in question are the only vacant lots in the subdivision
and are unbuildable with the front and rear setbacks as currently specified in
the PUD.
The owners have demonstrated numerous attempts, over the last 9 months,
to negotiate a compromise with neighboring property owners, and have
receive no response. The proposed amendment is 15 feet greater than our
most restrictive ordinance and is compatible with the existing setbacks along
this north property line of Forest Ridge.
3 The last item was requested by staff and City Attorney which adds language
that allows, but does not require, the City to enforce deed restrictions as
presented in the PUD. Enforcement of deed restrictions is primarily the
responsibility of the Home Owners.
Staff concurs with this recommendation.
To-
TEROFFICE MEMORANDUM
Elaine Bizzell, County Clerk
Williamson County Courthouse
FROM: Mona Ryan, Planning Technician
Planning and Community Development
DATE May 11, 1995
SUBJECT: PUD No. 11 (Forest Ridge)
Please record the above and charge to the City account. This document is being re-
recorded to include a new Exhibit D.
PLANNING AND COMMUN Y DEVELOPMENT
Cur of ROUND Roar 221 EAST MAIN STREET ROUND ROC% TX 78664 512.2553612
DATE: ' February 8, 1994
SUBJECT: City Council Meeting, February 10,1994
ITEM: 8.F. Consider an ordinance concerning original zoning of District
Planned Unit Development No. 11 (PUD No. 11) on 160.00 acres of
land out of the Joseph Marshall Survey, Abstract 409, Williamson
County. (Forest Ridge (Freeman Tract)) (First Reading).
STAFF RESOURCE
PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
On October 21, 1993, the Planning and Zoning Commission held a public hearing and
adopted the recommended zoning on November 18, 1993. A public hearing was held
by Council on January 13, 1994. The final changes to the agreement have been
approved by the City Attorney and staff recommends adoption of the ordinance.
YOL. 2 7,21 PAGE O 4f.)4
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
foregoing
fit c w e zL Li
■ OFFICIAL RECORDS
WIL IAL1E0Pi COMITY. TEXAS
DOC# 9519153
I, JOANNE LAND, Assistant City Manager /City Secretary of the
City of Round Rock, Texas do hereby certify that the above and
is a true and correct copy of an ordinance passed and
adopted by the City Council of the City of Round Rock, Texas, at
at a meeting held on the IC) day of
19 `T , which is recorded in the minutes of the City of Round
Rock in book 31
WITNESSED by my hand and seal of the City of Round Rock,
Texas on this 11 N day of / J 19 94
1
/ /LL//'
ANNE LAND
ssistant City Manager/
City Secretary
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE
OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND
MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO ZONE 160.00 ACRES OF LAND OUT OF
THE JOSEPH MARSHALL SURVEY, ABSTRACT 409, ROUND ROCK,
WILLIAMSON COUNTY, TEXAS, AS DISTRICT PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT NO. 11.
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas to amend the Official Zoning Map to zone the property described in
Exhibit "A" attached hereto and incorporated herein as District PUD (Planned Unit
Development) No. 11, and
WHEREAS, the City Council has submitted the amendment of the Official
Zoning Map to the Planning and Zoning Commission for its recommendation and
report, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested change on the 18th day of November, 1993, following lawful
publication of the notice of said public hearing, and
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that the Official Zoning Map be
amended so that the above described property be zoned as District PUD (Planned Unit
Development) No. 11 and,
WHEREAS, on the 13th day of January, 1994, after proper notification, the City
Council held a public hearing on the requested amendment, and
WHEREAS, the City Council determines that the zoning provided for herein
promotes the health, safety, morals and protects and preserves the general welfare of
the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and Chapter 11, Code of Ordinances (1990 Edition) City
of Round Rock, Texas concerning public notices, hearings, and other procedural
matters has been fully complied with,
Dept Mi /O i. Re d/P&CD 1
ORDINANCE NO. 7- - 0 -/o - O F
VOL. 27211
PUD No. II (Forest Ridge
160.00 Acres
vo. PAGE O O
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
I.
PUD No. 11 (Forest Ridge),
160.00 Acres
That the City Council has hereby determined the PUD (Planned Unit
Development) District No. 11 meets the following goals and objectives:
(1) The development in PUD No. 11 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) PUD No. 11 is in harmony with the general purposes, goals, objectives and
standards of the General Plan.
(3) PUD No. 11 does not have an undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and general
welfare.
(4) PUD No. 11 will be adequately provisioned by essential public facilities and
services including streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(5) PUD No. 11 will be developed and maintained so as not to dominate, by
scale and massing of structures, the immediate neighboring properties or
interfere with their development or use in accordance with any existing
zoning district.
II.
That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances,
1990 Edition, City of Round Rock, Texas is hereby amended so that the zoning
classification of the property described in Exhibit "A" attached hereto and incorporated
herein shall be, and is hereafter designated as District PUD (Planned Unit
naioraa- xaarn&co 2
Development) No. 11, and that the Mayor is hereby authorized and directed to enter
into the PUD (Planned Unit Development) agreement attached hereto as Exhibit "B",
which agreement shall govern the development and use of said property.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
Alternative 1. qq -- //�
READ, PASSED, and ADOPTED on first reading this 1 � d ay of.1"UdAud_
1994. 00
Alternative 2.
READ and APPROVED on first reading this the day of
1994.
READ, APPROVED and ADOPTED on second reading this the
of , 1994.
Dept Ivr /orah- Reacl/%CD 3
voi. 27 7
PUD No. 11 (Forest Ridge)
160.00 Acres
CHARLES CULP P: Mayor
City of Round Rock, Texas
day
VOL. 272 1 PAGE O 4 8 C EXHIBIT "A"
43 cJtr�r+_.__.nn�c�
�vv'r'ia'ucvvi�
CRICHTON & ASSOCIATES
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK, TEXAS 78664
512- 244 -3395
FIELD NOTES
FIELD NOTES FOR 160 ACRES OUT OF THE JOSEPH
MARSHALL SURVEY, ABSTRACT 409 IN WILLIAMSON
COUNTY, TEXAS BEING A PORTION OF A 76 ACRE TRACT
CONVEYED TO M. H. FREEMAN IN VOL 343 PG 229 AND A
PORTION OF A 240 ACRE TRACT CONVEYED TO M. H.
FREEMAN IN VOL 343 PG. 230 BOTH OF THE WILLUAMSON
COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point on the West R.O.W. of County Road 122 at the Northeast corner
of said 76 acre tract also being the Southeast corner of a 1507 acre tract recorded in Vol. 772 Pg.
437 of the Williamson County, Texas Deed Records for the most Easterly Northeast corner of this
tract and the POINT OF BEGINNING.
THENCE S 00° 06' 00" E with the West R.O.W. of County Road 122, 2302.89 feet to a point
being the Northeast comer of Lot 12 of Highland Terrace (an unrecorded subdivision) for the
Southeast corner of this tract.
THENCE N 89 59' 51 W with the N:,rth line of said Lot 12 and Lot 11, 873.48 feet to the
Northwest corner of Lot 11 also being on the East line of a 207.43 acre tract recorded in Vol. 465
Pg. 308 of the Williamson County, Texas Deed Records for the Southwest corner of this tract.
THENCE with the East line of said 207.43 acre tract the following three (3) courses:
1) N 00 15' 20" W, 761.37 feet to a point being the Southeast corner of said 240 acre
tract.
2) N 38° 08' 49" W, 3946.41 feet to a point.
3) N 00° 48' 49" W, 784.42 feet to a point for the Northwest corner of this tract.
THENCE through the interior of said 240 acre tract the following two (2) courses:
1) S 76° 32' 03" E, 1144.66 feet to a point.
C: ;voL.272jPAGE0499
2) S 76° 11' 20 E, 1365.66 feet to a point being the West common corner of Red Bud
Acres, a subdivision recorded in Cab. C Slide 70 of the Williamson County, Texas
Plat Records and a 2.0 acre tract recorded in Vol. 661 Pg. 349 of the Williamson
County, Texas Deed Records on the East line of said 240 acre tract for the most
Northerly Northeast corner of this tract.
THENCE with the East line of this tract the following three (3) courses:
1) S 00° 08' 23" W with the West line of said 2.0 acre tract and a 2.25 acre tract
recorded in Vol. 777 Pg. 542 of the Williamson County, Texas Deed Records, 752.75
feet to a point tieing the West common corner of a 2.41 acre tract recorded in Vol.
724 Pg. 370 and a 5 acre tract recorded in Vol. 539 Pg. 20 both of the Williamson
County, Texas Deed Records.
2) S 00° 04' 04" E with the West line of said 5 acre tract, a 4.107 acre tract recorded
in Vol. 533 Pg. 339 and a 5 acre tract recorded in Vol. 534 Pg. 68 both of the
Williamson County, Texas Deed Records, 1002.84 feet to the Southwest corner of a
0399 acre tract recorded in Vol. 1150 Pg. 45 of the Williamson County, Texas Deed
Records. -
3) S 89° 53' 17" with the South line of said 0.399 acre tract and said 1.507 acre tract,
882.90 feet to the POINT OF BEGINNING and containing 160.0000 acres more or
less.
I hereby certify that the foregoing field notes were prepared from record information and
are true and correct to the best of my knowledge and belief.
Witness my hand and seal this the 4th day of November, 199! /3 Q Q
Herman Crichton, R.P.LS. 4046
YUL. 4 1.42.1A'AUtLIOU
0
207.43 ACRES
VOL. 465 PG. 308
SKETCH TO ACCOMPANY FIELD NOTES FOR 160
ACRES OUT OF THEJOSEPH MARSHALL SURVEY,
ABSTRACT 409 IN WIWAMSON COUNTY, TEXAS
BEING A PORTION OF A 76 ACRE TRACT
CONVEYED TO M. H. FREEMAN IN VOL. 343 PG
229 AND • A PORTION OF A 240 ACRE TRACT
CONVEYED TO M. H. FREEMAN IN VOL. 343 PG.
230 BOTH OF THE WILLIAMSON COUNTY, TEXAS
DEED RECORDS.
CRICHTON
AND ASSOCIATES
- LAND SURVEYORS •
107 N. LULPASAS STREET
ROUND ROM TIIXAS
(610 244-3996 —
us (612) 244
R
9.
r ' OOP
/
RED BUD ACRES
CAB. C, SLIDE 70
•
/1
2 .0 A •
.VOL . 661 PG. 349
2.25 ACRES
k War.. 777 PG. 543
— • -
2.45 11CRES
NVOL. 724 PG. 3
c,
5.0 ACRES
% VOL. 539 PG. 20
4 .107 ACRES
0L. 533 PG. 339 I
5.0 ACRES
VOL. 534 PG. 68
\ 1.507 ACRES
,VOL. 772 PC. 437
, 3 %7
0
0 73.4 6
HIGHLAND' TERRACE
LOT 11 LOT 12
'(UNRECtRDED )
0
1
voi.2721PAGE0501
DEVELOPMENT PLAN FOR PUD No. 11
This Development Plan for PUD No. 11 ( "Plan ") is made this I d ay of ✓ ^, 1994,
between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas
(hereinafter called the "City"), and Forest Ridge Investments, Ltd., a Limited Partnership, having its offices
at 9390 Research Blvd., Suite 330, Austin, Texas, 78759 (hereinafter called the "Developer ").
WHEREAS Developer has requested a Planned Unit Development (PUD) from the City for the
development of 160 acres of land located within the corporate limits of the City of Round Rock and more fully
described as follows:
A 160 acre tract of land being more particularly described by metes and bounds in Exhibit
"A attached hereto and made a part of hereof (hereinafter referred to as the "Property"); and
WHEREAS the Developer, in accordance with Chapter 11, Section 11.316, Code of Ordinances (1990
Edition), City of Round Rock, Texas is required to submit a Development Plan to the City containing certain
terms and conditions for the use and development of the Property; and
WHEREAS the City Council has reviewed the proposed Development and determined that it
promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the
intent of said §11.316.
NOW THEREFORE BY THIS AGREEMENT WITNESSETHthat in consideration of the premises,
the conditions, and covenants hereinafter set forth, the City and the Developer covenant and agree as follows:
1. LIENHOLDER CONSENT: Developer is the sole holder of fee simple title to the Property
and that it has obtained the written consent to zone the Property as a PUD from all lien holders, legal or
equitable, of the Property. Said written consent is attached as Exhibit "B ", and hereby made a part of this
Plan.
2. DEVELOPMENT AND USES: The Property shall be developed for the following purposes
only: two categories of single family Lots; Large Lot with a minimum lot size of 18,000 square feet and Small
Lot with a minimum lot size of 8,000 square feet. The exact location of the boundary separating the large lots
and small lots shall be set forth on the Preliminary Plat. A 150' wide "Boundary Zone" is reserved for
vo .`2721PAGEOJO2
flexibility in determining final lot layout, as generally shown on the Concept Plan attached hereto as Exhibit
"C ". The Concept Plan is hereby incorporated into and made a part of this Plan and shall also be considered
as having satisfied the subdivision ordinance Concept Plan requirement of the subdivision ordinance.
3. GENERAL COMPLIANCE: The Developer shall comply with all of the requirements and
restrictions contained in this Plan, and in Exhibit "C". Unless specifically waived by this Plan or §11.316
Round Rock City Code, the Developer shall comply with all applicable ordinances of the City of Round
Rock.
4. CHANGES TO THE DEVELOPMENT PLAN: After this Plan has been accepted and
approved by the City Council, any substantial alterations shall be re submitted for consideration by the City
Council following the same procedure required in the original adoption of this Plan. Any minor alterations
to the Plan which do not substantially change the concept of the PUD may be approved by the Director of
Planning.
5. LAND USE AND BUILDING TYPES: No building shall be erected, altered or permitted
on any lot for a use other than a single family residence or an amenities center as approved by Director of
Planning. Ancillary buildings and structures such as garages and swimming pools are also permitted. Refer
to Exhibit "D" for specific covenants, conditions and restrictions.
6. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or emplacement of
a temporary character, mobile home, trailer, derelict, junk or racing motor vehicle, or any motor vehicles
without a current license tag, or any tent, shack, barn or other outbuilding shall be erected, placed, driven
onto, altered or permitted to remain on any lot at any time, either temporarily or permanently. No unenclosed
outdoor storage shall be permitted. This prohibition shall not apply to vehicles, equipment or temporary
structures utilized by the Developer, or his successors or assigns, or contractors or subcontractors when
engaged in construction or repair work, or such work as may reasonably be necessary for the completion of
the subdivision and the disposition of lots by sale, lease or otherwise.
7. ELECTRICAL EQUIPMENT AND UTILITIES: All electrical distribution, telephone or
television cable lines shall be underground. All exterior antennas shall be prohibited.
2
--tr v0 PA O5O3
8. PARK LAND /GREENBELTS: A greenbelt shall be provide along the neighborhood
collector which will run from Double Creek Drive to the north through the Property as depicted on Exhibit
"C". The Greenbelt will be twenty feet (20') wide and adjacent to the public right -of -way required for a
neighborhood collector. The greenbelt will include a meandering sidewalk, forty inches (40 ") wide. Refer to
Exhibit "C ".
The Developer agrees to be responsible for the installation of landscape improvements and
sprinkler systems in the areas designated as greenbelt lots or landscape lots as shown on Exhibit "C'. All
landscaping and irrigation installed by the Developer shall be substantially complete before the subdivision
improvements are accepted by the City.
The land area which makes up the greenbelt will be included in satisfying the parkland
dedication requirement. The remaining parkland dedication requirement will be satisfied by a cash
contribution equal to $150.00 per dwelling unit. This amount shall be placed in an interest bearing account
and returned to the Developer upon dedication to the City of the 31 acres known as "Pecan Bottom" 100 year
flood plain area (see Exhibit "E ") located on the north boundary of the Freeman Tract. If the above described
31 acres is not dedicated to and accepted by the City within three (3) years from the effective date of this Plan,
the City shall be entitled to keep all cash contributions.
The Developer reserves the right to provide and construct an amenities center such as a
swimming pool, tennis courts, playscapes or other uses typical to similar developments. The amenity center
shall be subject to approval of the Director of Planning and the Development Review Board.
The Developer shall be responsible for the maintenance of improvements and landscaping
on all greenbelt lots shown on Exhibit "C ". Maintenance requirements include: (a) prompt removal of all
litter, trash and waste; (b) lawn mowing, tree and plant trimming; (c) watering of landscaped areas; (d)
maintaining detention ponds, and associated drainage facilities; and (e) keeping the entry sign, walks, and
fencing in good repair. This responsibility may be assigned to a legally responsible Homeowners Association,
upon written consent of the City.
9. SETBACKS/BUFFERING: Minimum setbacks shall be as follows: (Refer to Exhibit "C.1 ")
3
VOL. 27 21 PAGE O J O 4
4
or as defined under special requirements.
A. Small tots: 25' front
5' side
10' side along a side street
10' rear
Special Requirements (Refer to Exhibit C.2) - Lots which abut the southern boundary of the
Taylor Property as described in Volume 1150, Page 45 of the Williamson County Deed Records, and Lots 11
and 12, Highland Terrace shall meet the following requirements: (1) contain a minimum of 10,000 SF and
restricted to one story dwellings; (2) rectangular lots shall be a minimum of 70' wide and 165' deep; (3) cul -de-
sac lots shall be a minimum of 120' deep; (4) rear setbacks shall be 90' for 165' deep lots and 50' for cul de
lots; (5) secondary or auxiliary buildings, swimming pools, or decks shall be restricted to a 20' rear setback with
a maximum height of 12'. In addition, the boundary fencing at the southeast corner shall be angled across the
corner to allow for the landscaping features along County Road No. 122 to "wrap" around the corner to make
a smooth transition. At the end of the landscaping features and for a distance of approximately 250', 5 gallon
Red - tipped Photina shrubs will be planted at 6' on center.
B. Large Lots: 35' front
10' side
10' side along a side street
20' rear
Special Requirements - Lots which abut residences along the eastern boundary of the Property
as depicted in Exhibit "C" shall be restricted to a 50' rear setback. Secondary or auxiliary buildings, swimming
pools, or decks shall be restricted to a 20' rear setback with a maximum height of 12'.
10. TEXAS NATURAL RESOURCES CONSERVATION COMMISSION: According to State
of Texas requirement, construction plans are required to be submitted and reviewed by the Texas Natural
Resources Conservation Commission (TNRCC). Utility designs shall be approved for the Property by the
TNRCC prior to construction.
5
YOL .2721PAGEO5O J
11. FENCES: Fencing shall be required along the Property boundary which abuts existing
developed property. Required fencing shall be constructed of masonry, weather resistant wood, metal, or a
combination of these materials. Chain link fences are prohibited. Fences shall be laid out to provide a
meandering or staggered appearance. Final design of the fencing system is subject to the approval of the
Director of Planning. The Developer and /or Home Owners Association will maintain all required fencing
along the Property boundary, Double Creek Drive, and neighborhood collector.
Developer reserves the right to construct fencing along County Road No. 122, Double Creek Drive
and Forest Ridge Drive, provided said fencing meets the design requirements as stated herein and is approved
by the Director of Planning. Fencing along Double Creek Drive and Forest Ridge Drive shall not extend
beyond the front building line of homes which have a side facing either of these two streets. Fences abutting
a street right -of -way shall have the finished side facing the right -of -way.
12. ON SITE DETENTION: This Property has been included in a regional detention system.
Storm water shall be conveyed as practically and directly as possible to Brushy Creek. The Developer shall
secure necessary easements from adjacent land owners for the purpose of conveying safely the 100 -year
developed flows. Storm water shall be released in such a manner so as to not disrupt or adversely affect or
significantly alter the natural characteristics of the existing stream bed of Brushy Creek. There is no
requirement for on -site detention.
13. WATER AND WASTEWATER: Developer agrees to design and construct off -site approach
mains to serve the Property as depicted in Exhibit "E ". Water and wastewater utility construction shall be in
conformance with City of Round Rock Standards and Specifications. Developer agrees to convey, fee simple,
to the City of Round Rock a strip of land 15' wide for each utility main constructed across land which has not
been dedicated as a public right -of -way or owned by the City of Round Rock. The City agrees to accept said
water and wastewater utilities for maintenance and repair upon completion and acceptance of said utilities by
the Round Rock City Council.
14. ACCESS TO MAJOR STREETS: Access from any lot to Double Creek Drive on any street
classified as a neighborhood collector shall be prohibited.
voL. 2721PaGEO506
6
15. ENTRY SIGN: One entry sign and associated landscaping as approved by the Director of
Planning is hereby authorized to be located within the median in the entrance road. This entry sign shall (1)
be a monument type sign constructed of stone or brick or other maintenance free material; (2) not exceed 100
square feet of sign area; (3) be positioned in such a manner as not to constitute a traffic hazard; and (4) be
limited to a message primarily identifying the respective subdivision. The Developer and /or the Home Owners
Association shall be responsible for maintaining the entry sign and associated landscaping.
16. U.S. POSTAL SERVICE REQUIREMENTS The location and design of the postal boxes
shall be shown on the preliminary and final plats. Postal boxes shall be in conformance with U.S. Postal
Service requirements. The Developer and /or Home Owners Association shall be responsible for maintenance
of areas within easements which are dedicated for postal box use.
17. REPRESENTATION: City has made no representations, covenants, warranties, guarantees,
promises or agreements with the Developer other than those in this Plan.
18. RECORDATION: This Plan shall be construed as running with the land and shall be
recorded in the Official Deed Records of Williamson County.
19. INTERPRETATION: Whenever the singular or masculine is used herein, the same shall be
construed as meaning the plural, feminine or body corporate of politic where the context so requires.
20. AMENDMENT: The terms of this Plan may be altered only in accordance with Section 4
of this Plan.
21. INCORPORATION: Exhibits A, B, C, C.1, C.2, D, and E referred to are hereby incorporated
into and made a part of this Plan.
22. LEGAL AND REGISTRATION FEES: The Developer agrees to pay all of the legal and
recording costs incurred by the City in preparation and recording of this Plan.
23. BINDING: This Plan shall inure to the benefit of and be binding upon the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
STATE OF TEXAS
COUNTY OF WILLIAMSON :
IN WITNESS WHEREOF the said parties to the Plan have hereunto set their hands and seals this
V day of „7R.L�LIQIU.L. 1994.
JULIE CLICK
11 Notary Public, State of Texas
My Commission Expires 9.26.94
STATE OF TEXAS
•
•
•
•
7
DEVELO?
Forest R' ge
By L�r
CITY
VOL. 2721PMGEO5€
estments, Ltd.
Charles Culpepp r,
This instrument was acknowledged before me on this )0 day of P,b12tar 1994 by
( Pu %sef) 0at-lLLY , on behalf of Forest Ridge Inv tments, Ltd., a Limited Partners ip.
ublic, State of Texas
Printed Name: t)UUF
My commission expires: q — ,afo
COUNTY OF WILLIAMSON :
This instrument was acknowledged before me on this I V n day of 1994 by Charles
Culpepper, Mayor of the City of Round Rock.
ailathiYUL) J )11
Notary Public, State of Texas
My commission expires:
Printed Name: ai4 e )6i t/V; R. / 1 PEr o v
8 -5' -9'7
VOL. 2721PAGEO50S EXHIBIT "A"
s
d
CRICHTON & ASSOCIATES
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK, TEXAS 78664
512 -244 -3395
FIELD NOTES
FIELD NOTES FOR 160 ACRES OUT OF THE JOSEPH
MARSHALL SURVEY, ABSTRACT 409 IN WILLIAMSON
COUNTY, TEXAS BEING A PORTION OF A 76 ACRE TRACT
CONVEYED TO M. H. FREEMAN IN VOL 343 PG 229 AND A
PORTION OF A 240 ACRE TRACT CONVEYED TO M. H.
FREEMAN IN VOL 343 PG. 230 BOTH OF THE WILLIAMSON
COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a point on the West R.O.W. of County Road 122 at the Northeast corner
of said 76 acre tract also being the Southeast corner of a 1507 acre tract recorded in Vol. 772 Pg.
437 of the Williamson County, Texas Deed Records for the most Easterly Northeast corner of this
tract and the POINT OF BEGINNING.
THENCE S 00° 06' 00" E with the West R.O.W. of County Road 122, 2302.89 feet to a point
being the Northeast corner of Lot 12 of Highland Terrace (an unrecorded subdivision) for the
Southeast corner of this tract.
THENCE N 89° 59' 51 W with the North line of said Lot 12 and Lot 11, 873.48 feet to the
Northwest corner of Lot 11 also being on the East line of a 207.43 acre tract recorded in Vol. 465
Pg. 308 of the Williamson County, Texas Deed Records for the Southwest corner of this tract.
THENCE with the East line of said 207.43 acre tract the following three (3) courses:
1) N 00° 15' 20" W, 76137 feet to a point being the Southeast corner of said 240 acre
tract.
2) N 38° 08' 49" W, 3946.41 feet to a point.
3) N 00° 48' 49" W, 784.42 feet to a point for the Northwest corner of this tract.
THENCE through the interior of said 240 acre tract the following two (2) courses:
1) S 76° 32' 03" E, 1144.66 feet to a point.
NJ • vas. 2721 PMME•05G9
2) S 76° 11' 20 E, 1365.66 feet to a point being, the West common corner of Red Bud
Acres, a subdivision recorded in Cab. C Slide 70 of the Williamson County, Texas
Plat Records and a 2.0 acre tract recorded in Vol. 661 Pg. 349 of the Williamson
County, Texas Deed Records on the East line of said 240 acre tract for the most
Northerly Northeast corner of this tract.
THENCE with the East line of this tract the following three (3) courses:
1) S 00° 08' 23" W with the West line of said 2.0 acre tract and a 2.25 acre tract
recorded in Vol. 777 Pg. 542 of the Williamson County, Texas Deed Records, 752.75
feet to a point being the West common corner of a 2.41 acre tract recorded in Vol.
724 Pg. 370 and a 5 acre tract recorded in Vol. 539 Pg. 20 both of the Williamson
County, Texas Deed Records.
2) S 00° 04' 04" E with the West line of said 5 acre tract, a 4.107 acre tract recorded
in Vol. 533 Pg. 339 and a 5 acre tract recorded in Vol. 534 Pg. 68 both of the
Williamson County, Texas Deed Records, 1002.84 feet to the Southwest corner of a
0399 acre tract recorded in Vol. 1150 Pg. 45 of the Williamson County, Texas Deed
Records. •
3) S 89° 53' 17" with the South line of said 0.399 acre tract and said 1307 acre tract,
882.90 feet to the POINT OF BEGINNING and containing 160.0000 acres more or
less.
I hereby certify that the foregoing field notes were prepared from record information and
are true and correct to the best of my knowledge and belief.
Witness my hand and seal this the 4th day of November, 1993
Herman Crichton, R.P.L.S. 4046
40L.2721PMEO5
Exhibit B:
There are no Lien Holders of Record!
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SETBACK 1
BUIDLING
ENVELOPE
(5,100 s.f.)
1 25' BUILDING SETBACK 1
I_
70'
SMALL LOT
(8,000 S.F.MIN)
20' REAR 7
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(10,500s.f.) 21
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9 Fisher Hagood, Inc.
CIVIL k STRUCTURAL cxcwED1S
/ Heaters Crash&
WA Y«.t, Taw Y05B1 LSIZ) 244 15M
PROJECT:
FOREST RIDGE
EXHIBIT C.1
JOB NO: 93093
SHT NO:
DATE:
BY:
MI5 *
11211/11111N1
CIVIL & STRULTURAL ENGINEERS
301 Hester. Croal3g. %Re 110
Rand Rook Tom 78391 (512) 244-1513
PROJECT Fortc4 - Ext.% ;
Fisher, Ha ood & ilel, Inc.
PM' MI t44RY
(..te■ 44 I
: 1 i
2721pAnFON1R
CR 12:2.
SHEET NO. OF
JOB NO
BY CHK BY
PRINC. IN CHARGE
DATE REV
GOUNERN ,
bOuNDARY
:
• I
voL.272'1PAGEO5i4
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT "D"
FIRST AMENDED AND RESTATED
FOREST RIDGE
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
y
KNOW ALL MEN BY THESE PRESENTS THAT:
y
WHEREAS, Forest Ridge Investments, Ltd., a Texas limited partnership,
hereinafter called the Declarant, is the owner of certain real property described as
Forest Midge, a subdivision in Williamson County, Texas, according to the map or plat
thereof recorded in Volume 2453, Pages 431, Plat Records of Williamson County,
Texas (the "Property "), and Declarant proposes to develop and subdivide the Property
for residential purposes; and
WHEREAS, the Declarant desires to hold and from time to time convey the
Property, or any portion thereof, subject to certain protective covenants, conditions,
restrictions, liens and charges hereinafter set forth; and
WHEREAS, Declarant desires to create and carry out a uniform plan for the
improvement, development and sale of the Property for the benefit of the present and
future owners of the Property;
WHEREAS, Forest Ridge Master Declaration of Covenants, Conditions and
Restrictions was recorded along with the Final Plat of Forest Ridge P.U.D. No. 11, in
Volume 2486, Page 0029; and,
WHEREAS, the Forest Ridge Master Declaration of Covenants, Conditions and
Restrictions was not complete in all respects and contained certain typographical
errors and omissions; and,
WHEREAS, Declarant, pursuant to the provisions of 10.3 of the Forest Ridge
Master Declaration of Covenants, Conditions and Restrictions desires to amend and
restate the Forest Ridge Master Declaration of Covenants, Conditions and Restrictions
as set forth herein.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby
declared the Forest Ridge Master Declaration of Covenants, Conditions and
Restrictions are hereby amended in their entirety and replaced and restated. It is
hereby declared as follows: (i) that all of the Property shall be held, sold, conveyed
clients) 13190112master.dec
1
voL. 2721 PAGE 0515
and occupied subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and
which shall run with, the Property and shall be binding on all parties having any right,
title, or interest in or to the Property or any part thereof, their heirs, successors, and
assigns, and shall inure to the benefit of each Owner thereof; and (ii) that each
contract or deed which may hereafter be executed with regard to the Property or any
portion thereof shall conclusively be held to have been executed, delivered and
accepted subject to the following covenants, conditions and restrictions regardless of
whether or not the same are set out or referred to in said contract or deed.
ARTICLE I
DEFINITIONS
Unless the context otherwise specified or requires, the following words and
phrases when used in the Declaration shall have the meanings hereinafter specified:
1.1 Architectural Review Committee. "Architectural Review Committee"
shall mean the committee created pursuant to this Declaration to review and approve
plans for the construction of Improvements upon the Property.
1.2 Articles. "Articles" shall mean the Articles of Incorporation of Forest
Ridge Owners Association, Inc., which shall_ be filed in the office of the Secretary of
State of the State of Texas, as from time to time amended.
1.3 Assessment. "Assessment" or "Assessments" shall mean such
assessments as may be levied by the Association under the terms and provisions of
this Declaration.
1.4 Association. "Association" or "Master Association" shall mean and refer
to Forest Ridge Owners Association, Inc., a Texas non - profit corporation, its
successors and assigns.
1.5 Board. "Board" shall mean the Board of Directors of the Association.
1.6 Bylaws. "Bylaws" shall mean the Bylaws of the Association to be
adopted by the Board and as from time to time amended.
1.7 Forest Ridge Restrictions. "Forest Ridge Restrictions" shall mean,
collectively, (i) this Master Declaration, together with any and all Supplemental
Declarations, as the same may be amended from time to time, (ii) the Forest Ridge
Rules, (iii) the Design Guidelines, and (iv) the Articles and Bylaws from time to time in
effect, as the same may be amended from time to time.
cllen tsl 13190112master. dec
2
vim 2721PAGEO5iC
1.8 Forest Ridge Rules. "Forest Ridge Rules" shall mean the rules and
regulations adopted by the Board as the same may be amended from time to time.
1.9 Common Properties. "Common Properties" shall mean that portion of
the Property owned by the Association for the common use and enjoyment of the
Members of the Association including, but not limited to all parks, recreational
facilities, community facilities, pumps, landscaping, sprinkler systems, pavement,
streets (to the extent not owned by appropriate governmental authorities), walkways,
parking lots, pipes, wires, conduits and other public utility lines situated thereon (to
the extent not owned by appropriate governmental authorities or by local utility
companies). The Common Properties to be owned by the Association shall include (i)
those areas of land shown on any recorded plat or its equivalent of The Property or
any portion thereof filed or approved by Declarant and identified thereon as
"Greenbelt" or "Amenity Area ", (ii) those areas of land deeded to the Association by
Declarant.
1.11 Declarant. "Declarant" shall mean Forest Ridge Investments, Ltd., a
Texas limited partnership, its duly authorized representatives or their respective
successors or assigns; provided that any assignment of the rights of Forest Ridge
Investments, Ltd. as Declarant must be expressly set forth in writing and the mere
conveyance of a portion of the Property without written assignment of the rights of
Declarant shall not be sufficient to constitute an assignment of the rights of Declarant
hereunder.
1.12 Design Guidelines. "Design Guidelines" shall mean those certain
Development and Design Guidelines for Forest Ridge Phase I, Section I and Forest
Ridge Phase II as set forth in Article V of these restrictions, as the same may be
amended from time to time.
1.13 Greenbelt or Amenity Area. "Greenbelt" or "Amenity Area" shall mean
all areas designated by Declarant to be held as open space or for passive or active
recreational purposes for the benefit of all Owners.
1.14 Improvement. "Improvement" shall mean every structure and all
appurtenances thereto of every type and kind located on the Property, including but
not limited to buildings, outbuildings, storage sheds, patios, tennis courts, swimming
pools, garages, storage buildings, fences, trash enclosures, screening walls, retaining
walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener
fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters,
antennas, towers and other facilities used in connection with water, sewer, gas,
electric, telephone, regular or cable television, or other utilities.
dientsl 13190112master. dec
3
voi. 2721PbGEO517
1.15 Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the
Property shown as a subdivided lot on a Plat of the Property, together with all
Improvements located thereon.
1.16 Master Declaration. "Master Declaration" or "Declarations" shall mean
this instrument, and as it may be amended from time to time.
1.17 Member. "Member" or "Members" shall mean any person, persons,
entity, or entities holding membership rights in the Association.
1.18 Mortgage. "Mortgage" shall mean any mortgage or deed of trust
covering all or any portion of the Property given to secure the payment of a debt.
1.19 Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or
holders of any Mortgage or Mortgages.
1.20 Owner. "Owner" or "Owners" shall mean and refer to a person or
persons, entity or entities, including Declarant, holding a fee simple interest in all of
any portion of the Property, but shall not include a Mortgagee.
1.21 Person. "Person" or "Persons" shall mean any individual, individuals,
entity or entities having the legal right to hold title to real property.
1.22 Plans and Soecifications. "Plans and Specifications" shall mean any and
all documents designed to guide or control the construction or erection of any
Improvement, including but not limited to those indicating location, size, shape,
configuration, materials, site plans, excavation and grading plans, foundation plans,
drainage plans, landscaping and fencing plans, signage, lighting, elevation drawings,
floor plans, specifications on all building products and construction techniques,
samples of exterior colors, plans for utility services, all other documentation or
information relevant to such improvement, and any and all additional documentation
or information called for by the Design Guidelines.
1.23 Plat. "Plat" shall mean a final subdivision plat of any portion of the
Property.
1.24 Property. "Property" shall mean that real property which is subject to
the terms of this Declaration as designated in the attached Exhibit "A ".
1.25 Subassociation. "Subassociation" shall mean any non - profit Texas
corporation or unincorporated association organized and established by Declarant or
clients 113190112master. dec
4
VOL. 2721PAGEOJs8
with Declarant's approval, pursuant to or in connection with a Supplemental
Declaration.
1.26 Subdivision. "Subdivision" shall mean the Forest Ridge Subdivision,
Phase I Section I or Forest Ridge Subdivision Phase II, and shall refer to property
within the area described in Exhibit "A" which has been subdivided and shown on a
map or plat of record in the Plat Records of Williamson County, Texas.
1.27 Supplemental Declaration. "Supplemental Declaration" shall mean and
refer to any declaration of covenants, conditions and restrictions which may be
recorded hereafter in order (1) to add land to the Property, (ii) to subject any area of
the Property to further covenants, conditions or restrictions or (iii) to withdraw land
from the Property.
ARTICLE II
ADDITIONS TO THE PROPERTY
2.1 Staged Subdivision. The Declarant, its successors and assigns, shall
have the right at any time prior to February 10. 2004 , to bring within the scheme of
this Declaration additional properties in future stages of the development, so long as
such properties are within the area described on Exhibit "A" attached hereto (including
without limitations, subsequent sections. of. the Forest Ridge Subdivision (the
"Subdivision ")) without the consent or approval of Owners of any Lots (other than
Declarant). Furthermore, additional properties may be annexed into the Property at
any time with the consent of two - thirds (2 /3rds) of each class of members of the
Association. As additional properties are annexed hereto, Declarant shall, with
respect to said properties, record Supplemental Declarations which may incorporate
this Declaration herein by reference, and which may supplement or modify this
Declaration with such additional covenants, restrictions and conditions which may be
appropriate for those properties. Upon recordation of such additional plats or maps
and the filing of a Supplemental Declaration containing restrictive covenants pursuant
thereto, then and thereafter the Owners of all Lots in the Subdivision shall have the
rights, privileges and obligations with respect to all of the Property in the Subdivision
(including such additional properties) in accordance with the provisions of, and to the
extent set forth in, this Declaration and each such Supplemental Declaration.
2.2 Merrier or Consolidation. Upon a merger or consolidation of the
Association with another association, its properties, rights, and obligations may, by
operation of law, be transferred to another surviving or consolidated association or,
alternatively, the properties, rights, and obligations of another association may, by
operation of law, be added to the Property, rights and obligations of the Association
as a surviving corporation pursuant to a merger. The surviving or consolidated
lien is 113190112mas ter. de c
5
association may administer the covenants and restrictions established by this
Declaration within the Property together with the covenants and restrictions
established upon any other properties as one scheme. No such merger or
consolidation, however, shall effect any revocation, change or addition to the
covenants established by this Declaration pertaining to the Property except as
hereinafter provided.
ARTICLE III
GENERAL RESTRICTIONS
VOL. 2721 PAGE 0519
All of the Property shall be owned, held, encumbered, leased, used, occupied
and enjoyed subject to the following limitations and restrictions:
3.1 Antennae. No exterior radio or television antenna or aerial or satellite
dish receiver, or other devices designed to receive telecommunication signals,
including, but not limited to, radio, television, or microwave signals which are intended
for cable television, network television reception, or entertainment purposes shall be
erected or maintained, except by Declarant, without the prior written approval of the
Architectural Review Committee. Any antenna which is approved by the Architectural
Review Committee and which will cover more than fifteen square feet of the surface
area of a Lot, shall be screened from view from public or private thoroughfares and
adjacent properties.
3.2 Subdividing. No lot shall be further divided or subdivided, nor may any
easements or other interest therein less than the whole be conveyed by the Owner
thereof without the prior written approval of the Architectural Review Committee;
provided, however, that when Declarant is the Owner thereof, Declarant may further
divide and subdivide any Lot and convey an easement or other interest less than the
whole, all without the approval of the Architectural Review Committee.
3.3 General Sianacae Standards. All signs visible from the roadway (both
temporary and permanent) shall be constructed for low maintenance and shall be
approved in advance by the Architectural Review Committee and the City of Round
Rock. In the event a sign is not properly maintained, the Architectural Review
Committee and the City of Round Rock may give the sign owner written notice
thereof. Required repairs must be made within five (5) business days of notification or
the Architectural Review Committee and City of Round Rock shall have the right, but
not the obligation, to have repairs made and charged to the sign owner. Prohibited
signs include bench signs; billboards; banner signs; signs with flashing or blinking
lights or mechanical movement; dayglo colors; signs which make or create noise;
animated moving signs; exposed neon, fluorescent or incandescent illumination;
clients) 13190112mester. dec
6
voi.2721 PAGE O 520
painted wall signs; pennants; trailer signs; signs with beacons; and any sign the
obstructs the view in any direction of an intersection.
3.4 Rubbish and Debris. No rubbish or debris of any kind shall be placed or
permitted to accumulate upon the Property and no odors shall be permitted to arise
therefrom so as to render the property or any portion thereof unsanitary, unsightly,
offensive or detrimental to any other property or to its occupants. Refuse, garbage
and trash shall be kept at all times in covered containers and such containers shall be
kept within enclosed structures or appropriately screened from view.
3.5 Noise. No exterior speakers, horns, whistles, bells or other sound
devices (other than security devices used exclusively for security or public safety
purposes) shall be located, used or placed on any of the Property such that it
becomes or will become clearly audible at the property line of adjoining property
owners. No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of the
Property or to its occupants.
3.6 Construction of Improvements. No Improvements shall hereafter be
constructed upon any of the Property without the prior written approval of the Plans
and Specifications for the Improvements(s) by the Architectural Review Committee.
Anything herein to the contrary notwithstanding, in the case of single - family
residences constructed on any Lot, the Architectural Review Committee, in its sole
discretion, may limit its review to a review of specific floor plans and elevations, and
upon the Architectural Review Committee's approval of such specific floor plans and
elevations, residences may be constructed consistent with the approved floor plans
and elevations without the requirement of further review or approval by the
Architectural Review Committee.
3.7 Repair of Buildings. All Improvements upon any of the Property shall at
all times be kept in good condition and repair and adequately painted or otherwise
maintained by the Owner thereof.
3.8 Alteration or Removal of Improvements. Any construction, other than
normal maintenance, which in any way alters the exterior appearance of any
Improvement, or the removal of any Improvement, shall be performed only with the
prior written approval of the Architectural Review Committee.
3.9 Roofing Materials. Roofing materials used on residential structures must
be (1) composition rated at least 240 pounds per square, or (ii) any materials approved
in writing by the Architectural Review Committee, provided that the Architecture
Review Committee will only approve roofing materials which are of high grade and
clients) 13190112master. dec
7
quality and which are consistent with the exterior design, color and appearance of
other improvements within the Property and conform with the appropriate Design
Guideline applicable to said lot as hereinafter stated.
3.10 Underground Utility Lines. No utility lines including, but not limited to,
wires or other devices for the communication or transmission of telephone or electric
current or power, cable television or any other type of line or wire shall be erected,
placed or maintained anywhere in or upon any portion of the Property unless the same
shall be contained in conduit or cables installed and maintained underground or
concealed in, under or on buildings or other Improvements as approved in writing by
the Architectural Review Committee; provided, however, that no provision hereof shall
be deemed to forbid the erection of temporary power or telephone structures incident
to the construction of buildings or other Improvements which have been previously
approved in writing by the Architectural Review Committee; and further provided that
this provision shall not apply to utilities installed along the perimeters of the Property.
The installation method, including, but not limited to, location, type of installation
equipment, trenching method and other aspects of installation, for both temporary and
permanent utilities shall be subject to review and approval by the Architectural Review
Committee.
3.11 Drainage. There shall be no interference with the established drainage
patterns over any of the Property, except by Declarant, unless adequate provision is
made for proper drainage and approved by the. Architectural Review Committee.
3.12 Hazardous Activities. No activities shall be conducted on the Property
and no Improvements constructed on the Property which are or might be unsafe or
hazardous to any person or property. Without limiting the generality of the foregoing,
no firearms or fireworks shall be discharged upon the Property, no open fires shall be
lighted or permitted except within safe and well- designed interior fireplaces, or in
contained barbecue units while attended and in use for cooking purposes.
3.13 Temporary Structures. No tent, shack or other temporary building,
improvement or structure shall be placed upon the Property without the prior written
approval of the Architectural Review Committee; provided, however, that temporary
structures necessary for storage of tools and equipment, and for office space for
architects, builders and foremen during actual construction may be maintained with
the proper approval of Declarant, approval to include the nature, size, duration and
location of such structure.
3.14 Mining and Drilling. No portion of the Property shall be used for the
purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas or
clien tsI 13190112master. dec
8
vot. 2721pA6EO521
VOL 2721PAGEOE
other hydrocarbons, minerals of any kind, rocks,
earth.
9
stones, sand, gravel, aggregate or
3.15 Unsightly Articles; Vehicles. No articles deemed to be unsightly by the
Architectural Review Committee shall be permitted to remain on any Lot so as to be
visible from adjoining property or public or private thoroughfares. Without limiting the
generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors,
campers, wagons, buses, motorcycles, motor scooters, and garden maintenance
equipment shall be kept at all times, except when in actual use, in enclosed structures
or screened from view and no repair or maintenance work shall be done on any of the
foregoing, or on any automobile (other than minor emergency repairs), except in
enclosed garages or other structures. Each single family residential structure
constructed within the Property shall have garage space sufficient to house all
vehicles to be kept on the Lot. Owners shall not keep more than two (2) automobiles
in such manner as to be visible from any other portion of the Property for any period
in excess of seventy -two (72) hours. Overnight parking of automobiles, trucks or
commercial vehicles or storage of trucks or commercial vehicles in excess of three -
quarter ton rated capacity on any portion of the land in front of or adjacent to and
visible from the Property, except in enclosed buildings, is prohibited. No unregistered
or inoperable motor vehicle or trailer of any kind may be disassembled, serviced,
repaired or stored on the land, except in an enclosed building. Service areas, storage
areas, loading areas, compost piles and facilities for hanging, drying or airing clothing
or household fabrics shall be appropriately screened from view from public or private
thoroughfares and adjacent properties and no lumber, grass, plant waste, shrub or
tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept, stored or
allowed to accumulate on any portion of the Property except within enclosed
structures of appropriately screened from view from public or private thoroughfares
and adjacent properties.
3.16 Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile
homes shall be parked or placed on any Lot at any time, and no travel trailers or
recreational vehicles shall be parked on or near any lot so as to be visible from
adjoining property or public or private thoroughfares for more than forty-eight (48)
hours.
3.17 Fences. The construction of fences shall be subject to the prior written
consent of the Architectural Review Committee. The Architectural Review Committee
may, in its discretion, prohibit the construction of any proposed fence, or specify the
materials of which any proposed fence must be constructed, or require that any
proposed fence be partially screened by vegetation. Fence maintenance shall be the
responsibility of the property owner and all damage shall be repaired within thirty (30)
days of written notification by the Homeowner's Association. It shall be a violation of
clien tsl 13190112master. dec
VOL. 2721PAGEO523
the Restrictive Covenants to maintain fences in such a manner as to allow (1) any
portion of a fence to lean so that the fence's axis is more than five (5) degrees out of
perpendicular alignment with its base (2) missing, loose, or damaged stone or wood
rails in the fence and (3) symbols, writings, and other graffiti on the fence.
3.18 Animals - Household Pets. No animals, including pigs, hogs, swine,
poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal
not considered to be a domestic household pet within the ordinary meaning and
interpretation of such words may be kept, maintained or cared for on the Property.
No animal shall be allowed to make an unreasonable amount of noise, or to become a
nuisance, and no domestic pets will be allowed on any portion of the Property other
than on the Lot of its Owner unless confined to a leash. No animal may be stabled,
maintained, kept, cared for or boarded for hire or remuneration on the Property and no
kennels or breeding operation will be allowed. No animal shall be allowed to run at
large and all animals shall be kept within enclosed areas which must be clean, sanitary
and reasonably free of refuse, insects and waste at all times. Such enclosed area
shall be constructed in accordance with plans approved by the Architectural Review
Committee, shall be of reasonable design and construction to adequately contain such
animals in accordance with the provisions hereof, and shall be screened so as not to
be visible from any other portion of the Property.
3.19 Landscaping. All landscape improvements visible from a street are
subject to review by the Architectural Review, Committee prior to installation. Grass
seeding, sprigging or hydromulching shall be prohibited in areas visible from the street.
Grassed areas shall be established by sod installed for immediate and full coverage in
areas visible from the street or areas up to front corners of each residence.
3.20 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs,
trees, grass and plantings of every kind on such Owner's Lot (including any Greenbelt
platted as a part of such Owner's Lot and any Greenbelt located between such
Owner's Lot and a publicly dedicated roadway) cultivated, pruned, mowed, and free
of trash and other unsightly material, shall install landscape irrigation systems where
appropriate for the types of vegetation located on such Lot, and shall maintain all such
landscape irrigation systems in good working order.
3.21 Improvements. No improvements shall be placed or installed as to be
visible from the street or from another residence without prior approval of the location
and the Plans and Specifications of the Architectural Review Committee.
3.22 Swimming Pools, Tennis Courts and Sport Courts. The location and
Plans and Specifications for any swimming pool, tennis court or sport court, and its
screening or fencing, shall be subject to the approval and requirements of the
drentsl 13190112master. dec
10
VOL.2721 PAGE O52``
Architectural Review Committee. Above ground swimming pools shall not be allowed.
The materials, design and construction of all pools and courts shall meet standards
generally accepted by the industry, shall comply with regulations of all applicable
governmental entities, and shall meet all fence and setback criteria established by this
Declaration and other applicable governmental requirements.
3.23 Construction Activities. Notwithstanding any provision herein to the
contrary, this Declaration shall not be construed so as to unreasonably interfere with
or prevent normal construction activities during the construction of Improvements by
an Owner (including Declarant) upon any Lot within the Property. Specifically, no
such construction activities shall be deemed to constitute a nuisance or a violation of
this Declaration by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is
pursued to completion with reasonable diligence and conforms to usual construction
practices in the area. In the event of any dispute regarding such matters, a temporary
waiver of the applicable provision may be granted by the Architectural Review
Committee, provided that such waiver shall be only for the reasonable period of such
construction.
3.24 Compliance with Provisions of the Forest Ridge Restrictions. Each
Owner shall comply strictly with the provisions of the Forest Ridge Restrictions as the
same may be amended from time to time. Failure to comply with the Forest Ridge
Restrictions shall constitute a violation of this Declaration, and shall give rise to a
cause of action to recover sums due for damages or injunctive relief or both,
maintainable by the Board on behalf of the Association or by an aggrieved Owner.
3.25 Construction in Place. All dwellings constructed on the Property shall be
built in place on the applicable Lot and the use of prefabricated materials shall be
allowed only with the prior written approval of the Architectural Review Committee.
3.26 Unfinished Structures. No structure shall remain unfinished for more
than one (1) year after the same has been commenced. Construction of residential
improvements shall begin no later than two (2) years after ownership of the Lot has
been legally conveyed by Declarant.
3.27 Setback Requirements. No residential structure or any such
improvement shall be located on any lot nearer to the front, rear, side or street side or
corner lot building line shown on the plat or nearer to the property lines than the
minimum building setback lines as promulgated and set forth by the City of Round
Rock, Williamson County, Texas or as set out below.
clients 113190112master. dec
11
Front Yard - 25 feet
Rear Yard - 5 feet
Side Yard - 5 feet
Corner Lot & Side Building - 10 feet
3.28 Rentals. Nothing in this Declaration shall prevent the rental of any entire
Lot and the Improvements thereon, by the Owner thereof for residential purposes.
3.29 Sidewalks. A sidewalk shall be constructed, in accordance with
applicable City of Round Rock ordinances and regulations, on each Lot, and the Plans
and Specifications for all residential buildings on each Lot shall include plans and
specifications for such sidewalk, and the same shall be constructed and completed
prior to occupation of the residential building. No other sidewalks shall be placed on
any Lot without the approval of the Architectural Review Committee.
3.30 No Warranty of Enforceability. While Declarant has no reason to believe
that any of the restrictive covenants or other terms and provisions contained in this
Article III or elsewhere in this Declaration are or may be invalid or unenforceable for
any reason or to any extent, Declarant makes no warranty or representation as to the
present or future validity or enforceability of any such restrictive covenants, terms or
provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive
covenants, terms or provisions shall assume all risks of the validity and enforceability
thereof and, by acquiring.the Lot, agrees to hold Declarant harmless therefrom.
dientsl 131301I2master. dec
ARTICLE IV
USE RESTRICTIONS
4.1 General. The Property shall be improved and used solely for single
family residential use, or for Greenbelt or Amenity Areas. Greenbelt or Amenity Areas
may, subject to the approval of Declarant, be improved and used for active and
passive recreational purposes for the primary benefit of Owners and occupants of
portions of the Property; provided, however that, as to any specific areas, Declarant
may, in its sole and absolute discretion, permit other improvements and uses.
4.2 Minimum Yards. The location of all Improvements located on a Lot shall
be subject to approval by the Architectural Review Committee. Minimum yard and
set -back requirements may be established by the Architectural Review Committee or
by Declarant through a Supplemental Declaration in order to maximize open areas,
pedestrian and vehicular movement and to benefit the overall appearance of the
Property.
12
vot. 2721
vol.2721 PAGE 052G
4.3 Greenbelt or Amenity Areas. No land within any Greenbelt or Amenity
Areas shall be improved, used or occupied, except in such manner as shall have been
approved by Declarant, in its sole and absolute discretion. Such required approval
shall extend to the nature and type of use, occupancy and Improvement. Declarant
may, by written instrument, delegate its right to grant such approval to the Board.
Access to any Greenbelt or Amenity Area may be limited to persons currently paying
Assessments, fees and other charges, or otherwise conditioned or restricted, or made
available to non - Owners, all on such terms and conditions as Declarant may
determine, in its sole discretion.
4.4 Recreational Improvements. Any proposed construction of recreational
improvements within a Greenbelt of Amenity Area shall be subject to approval by the
Architectural Review Committee.
5.1 Forest Ridge, Phase I (Small Lot Section /8,000 sa. ft.). The following
design guidelines apply to Forest Ridge, Phase I, Section I a portion of the Property
subject to this Master Declaration, being more particularly described in Exhibit "C" of
the P.U.D. Agreement attached hereto as Exhibit "C" and incorporated herein :
clients) 13190112master. dec
ARTICLE V
DESIGN GUIDELINES
(A) General Restrictions. All of the Property shall be owned, held,
encumbered, leased, used, occupied and enjoyed subject to the
following limitations and restrictions.
(B) Masonry Requirements. All residences, whether located on
interior or corner lots, shall have a minimum of 75% of the exterior walls
of stone or masonry construction. In computing said percentage, (a) all
areas above gables or roof projections, and all window and door
openings, shall be excluded from the total area of the exterior walls, (b)
stone and masonry used on fireplaces, chimneys, and walls of attached
garages may be included in the computation as stone or masonry used,
and (c) masonry requirements for detached garages shall be computed
separately from the residence and shall not include those exterior walls
not wholly visible from the street(s) due to their placement behind
privacy fencing approved by the Architectural Review Committee.
(C) Minimum Sauare Footage Within Improvements. The living area
of the main residential structure located on any lot (as that term is
defined in the Declaration) exclusive of open porches and parking
13
voL. 2721 PACE 052 7
facilities shall not be less than 1,800 square feet for a single -story
structure and not less than 2,000 square feet for a two -story structure.
(D) Roofing Materials. Roofing materials used on residential structures
must be (a) wood shingles, (b) asphalt or composition rated at least 240
pounds per square, or (c) any materials approved in writing by the
Architectural Review Committee, provided that the Architectural Review
Committee will only approve roofing materials which are of high grade
and quality and which are consistent with the exterior design, color and
appearance of other improvements within the Property.
(E) Improvements. No additional improvements shall be placed or
installed as to be visible from the street or from the Property, without
prior approval of the Architectural Review Committee.
(a) Lot Dedication. Declarant shall have the right and option to
dedicate a Lot or Lots to the Homeowner's Association in the first or
subsequent phase of the subdivision.
(F) Application of General Restrictions and Use Restrictions. Nothing
contained in these Design Guidelines as same may be amended from
time to time will supersede the,General Restrictions, Article III, supra nor
the Use Restrictions applicable, to;. the entire Property as set forth in
Article IV. The Architectural Review Committee as set forth in Article VII
shall be bound thereby, except as stated on specific matters within this
Declaration. Declarant expressly reserves the right to amend, modify, or
waive the Design Guidelines applicable to Forest Ridge Phase I, Section I.
5.2 Forest Ridge. Phase II (Larne Lot Section /18,000 sq. ft). The following
Design Guidelines apply to Forest Ridge, Phase II, Section I a portion of the Property
subject to this Master Declaration, being more particularly described in Exhibit "C" of
the P.U.D. Agreement attached hereto as Exhibit "C" and incorporated herein:
(A) General Restrictions. all of the Property shall be owned, held,
encumbered, leased, used, occupied and enjoyed subject to the
Declaration and following limitations and restrictions. The Property is
hereby annexed and incorporated within the scheme of the Declaration.
(a) Masonry Requirements. all residences, whether located on
interior or corner lots, shall have a minimum of 75% of their first story
exterior walls of stone or masonry construction. In computing said
percentage, (i) all gables, and all window and door openings, shall be
clients 113190112master. dec
14
90L. 2721PMEO528
excluded from the total area of the first story exterior walls, (ii) stone and
masonry used on fireplaces, chimneys, and walls of attached garages
may be included in the computation as stone or masonry used, and (iii)
masonry requirements for detached garages shall be computed
separately from the residence and shall not include those first story
exterior walls not wholly visible from the street(s) due to their placement
behind privacy fencing approved by the Architectural Review Committee.
(b) Minimum Square Footage Within Improvements. The living
area of the main residential structure located on any lot (as that term is
defined in the Declaration) exclusive of open porches and parking
facilities shall not be less than 2,200 square feet.
(c) Roofing Materials. Roofing materials used on residential
structures must be (i) wood shingles, (ii) asphalt or composition rated at
least 280 pounds per square, or (iii) any materials approved in writing by
the Architectural Review Committee will only approve roofing materials
which are of high grade and quality and which are consistent with the
exterior design, color and appearance of other improvements within the
Property.
(B) Application of General Restrictions and Use Restrictions. Nothing
contained. in these Design Guidelines as same may be amended from
time to time will supersede the General Restrictions, Article III, supra nor
the Use Restrictions applicable to the entire Property as set forth in
Article IV. The Architectural Review Committee as set forth in Article VII
shall be bound thereby, except as stated on specific matters within this
Declaration. Declarant expressly reserves the right to amend, modify, or
waive the Design Guidelines applicable to Forest Ridge Phase II, Section
I.
ARTICLE VI.
FOREST RIDGE HOMEOWNERS ASSOCIATION, INC.
6.1 Organization. The Declarant shall, at such time as Declarant deems
appropriate, cause the formation and incorporation of the Master Association as a
non - profit corporation under the laws of the State of Texas. The Master Association
shall be created for the purposes, charged with the duties, governed by the
provisions, and vested with the powers prescribed by law or set forth in its Articles
and Bylaws or in this Master Declaration. Neither the Articles nor Bylaws shall for any
reason be amended or otherwise changed or interpreted so as to be inconsistent with
this Master Declaration. Nothing in this Master Declaration shall prevent the creation,
clients) 13190112master. dec
15
voL.2721 PAGE 05
by provisions therefor in Supplemental Declaration(s) executed and recorded in
Declarant or any person or persons authorized by Declarant, of Subassociations to
own, develop, assess, regulate, operate, maintain or manage the Property subject to
such Supplemental Declarations.
6.2 Membership. Every person or entity who is a record Owner of a fee or
undivided fee interest in any Lot which is subject, by covenants of record, to
assessment by the Association, including contract sellers, shall be a Member of the
Association. The foregoing is not intended to include persons or entities who hold an
interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from any ownership of any Lot which is
subject to assessment by the Association. Ownership of such Lot shall be the sole
qualification for membership. Any Mortgagee or Lienholder who acquires title to any
Lot which is a part of the Property through judicial or non - judicial foreclosure, shall be
a Member of the Association. It is understood that the Exhibit "A" land may be
developed in phases or sections, and upon the completion of development of each
individual section or phase by Forest Ridge Investments, Ltd., such completed section
or phase or any part thereof shall, at the option and election of Forest Ridge
Investments, Ltd., automatically become bound hereby and a part hereof; provided,
however, that no provision herein shall be construed to require the development of
annexation of the Exhibit "A" land by Forest Ridge Investments, Ltd., and, in the
event that Forest Ridge Investments, Ltd. shalLsell the Exhibit "A" land to a unrelated
third party purchaser without having first developed the same, such third party shall
have the right to elect whether or not it desires the Exhibit "A" land to become a part
hereof and bound hereby.
6.3 Voting Rights. The Association shall have two (2) classes of voting
memberships:
(A) Class A. Class A Members shall be all Owners, with the
exception of Forest Ridge Investments, Ltd., a Texas limited partnership,
the Declarant, and shall be entitled to one (1) vote for each Lot owned.
When more than one (1) person holds such interest in any Lot, all such
persons shall be Members. The vote for such Lot shall be exercised as
they among themselves determine as provided by the Bylaws, but in no
event shall more than one (1) vote be case with respect to any Lot.
(B) Class B. The Class B Member(s) shall be Forest Ridge
Investments, Ltd., a Texas limited partnership, the Declarant, and its
successors and assigns, and shall be entitled to three (3) votes for each
Lot owned by it, provided that the Class B membership shall cease and
be converted to Class A membership (subject to reversion back to Class
clients) 13190112master. dec
16
vo(. 2721 PAGE 0530 .
B membership upon the annexation of additional land) on the happening
of either of the following events, whichever occurs earlier:
(1) the complete development of the land described on
Exhibit "A" attached hereto;
(2) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership, (subject to reversion back to Class B membership
upon annexation of the land described on Exhibit "B" attached
hereto) or
(3) twenty (20) years from the filing date hereof in the
Deed Records of Williamson County, Texas.
6.4 Powers and Authority of the Association. The Master Association shall
have the powers of a Texas non - profit corporation subject only to such limitations
upon the exercise of such power as are expressly set forth in this Declaration. It shall
further have the power to do and perform any and all acts which may be necessary or
proper for or incidental to the exercise of any of the express powers granted to it by
the Laws of Texas or of the two preceding sentences, the Master Association and the
Board, acting on behalf of the Master Association; shall have the power and authority
at all times as follows:
lien tsI 131901 I2master. dec
(A) Forest Ridge Rules and Bylaws. To make, establish
and promulgate, and in its discretion to amend or repeal and
re- enact, such Forest Ridge Rules and Bylaws, not in conflict with
this Declaration, as it deems proper covering any and all aspects
of its functions.
(B) Insurance. To obtain and maintain in effect policies
of insurance which, in the opinion of the Board, are reasonably
necessary or appropriate to carry out the Master Association
functions.
(C) Records. To keep books and records of the Master
Association's affairs.
(D) Assessments. To levy assessments as provided in
Article VII below. An assessment is defined as that sum which
must be levied in the manner and against the property set forth in
17
VOL. 2721116E0531
Article VII hereof in order to raise the total amount for which the
levy in question is being made.
. (E) Right of Entry and Enforcement. To enter at any
time in an emergency (or in the case of a non - emergency, after
twenty -four (24) hours written notice), without being liable to any
Owner, upon any Lot and into any Improvement thereof for the
purpose of enforcing the Forest Ridge Restrictions or for the
purpose of maintaining or repairing any area, Improvement or
other facility to conform to the Forest Ridge Restrictions, and the
expense incurred by the Master Association in connection with
the entry upon any Lot and the maintenance and repair work
conducted thereon shall be a personal obligation of the Owner of
the Lot entered upon, shall be a lien upon the Lot entered upon
and upon the Improvements thereon, and shall be enforced in the
same manner and to the same extent as provided in Article VII
hereof for regular and special assessments. The Master
Association shall have the power and authority from time to time,
in its own name and on its own behalf, or in the name of and on
behalf of any Owner who consents thereto, to commence and
maintain actions and suits to enforce, by mandatory injunction or
otherwise,- or to restrain - and, ;enjoin, any breach or threatened
breach of the Forest Ridge The Master Association is
also authorized to settle claims, enforce liens and take all such
action as it may deem necessary or expedient to enforce the
Forest Ridge Restrictions; provided, however, that the Board shall
never be authorized to expend any Master Association funds for
the purpose of bringing suit against Declarant, its successors or
assigns.
(F) Legal and Accounting Services. To retain and pay
for legal and accounting services necessary or proper in the
operation of the Master Association.
(G) Collection for Subassociation. To collect on behalf
of and for the account of any Subassociation (but not to levy) any
assessment made by a Subassociation created pursuant to this
Master Declaration.
(H) Conveyances. To grant and convey to any person or
entity the real property and /or other interest therein, including fee
title, leasehold estates, easements, rights -of -way, or mortgages
clien is 113190112mas ter. dec
18
vo..2721 PAGE OJv2
out of, in, on, over, or under any Master Association property for
the purpose of construction, erecting, operating or maintaining the
following:
clients 113190112master. dec
(1) Parks, parkways or other recreational
facilities or structures;
and paths;
(2) Roads, streets, walks, driveways, trails
(3) Lines, cables, wires, conduits, pipelines
or other devices for utility purposes;
(4) Sewers, water systems, storm water
drainage systems, sprinkler systems and pipelines; and /or
(5) Any similar public, quasi - public or
private improvements or facilities;
provided, however, that the Master Association shall
not convey fee simple title in and to, or mortgage all or any
portion of any Greenbelt or Amenity Area without the consent of
at lease - sixty - seven. percent:. (67 %) of the Owners (excluding
Declarant).
Nothing above contained, however, shall be
construed to permit use or occupancy of any Improvement or
other facility in a way which would violate applicable use and
occupancy restrictions imposed thereon by other provisions of this
Declaration.
(I) Manager. To retain and pay for the services of a
person or firm (the "Manager ") to manage and operate the Master
Association, including its property, to the extent deemed advisable
by the Board. Additional personnel may be employed directly by
the Master Association or may be furnished by the Manager. To
the extent permitted by law, the Master Association and the Board
may delegate any other duties, powers and functions to the
Manager. The members of the Master Association hereby release
the Master Association and the members of the Board from
liability for any omission or improper exercise by the Manager of
any such duty, power or function so delegated.
19
clients) 13190112master. dec
vol.2721 PAGE 0533
(J) Association Property Services. To pay for water,
sewer, garbage removal, landscaping, gardening and all other
utilities, services and maintenance for all Master Association
property; to maintain and repair easements, roads, roadways,
rights -of -way, parks, parkways, median strips, sidewalks, paths,
trails, ponds, lakes and other areas of the Property, as
appropriate; and to own and operate any and all types of facilities
for both active and passive recreation.
(K) Other Services and Properties. To obtain and pay for
any other property and services, and to pay any other taxes or
assessments which the Master Association or the Board is
required to secure or to pay for pursuant to applicable law, the
terms of this Declaration, or the Articles or Bylaws of the Master
Association.
(L) Construction on Association Property. To construct
new Improvements or additions to Master
Association properties, subject to the approval of the
Architectural Review Committee as provided in this
Declaration.
(M) Contracts. To enter into contracts with Declarant
and other persons on such terms and provisions as the Board shall
determine, to operate and maintain any Greenbelt or Amenity Area
or to provide any service or perform any function on behalf of
Declarant or any Person.
(N) Property Ownership. To acquire and own and to
dispose of all manner of real and personal property, whether by
grant, lease, gift or otherwise.
6.5 Maintenance and Landscape Authority. The Master Association shall
maintain all streets and roadways within the Property, which have been completed but
not accepted by the appropriate governmental entity for maintenance. In addition, the
Master Association shall be authorized to landscape, maintain and repair all
easements, access easements, rights -of -way, median strips, sidewalks, paths, trails,
detention ponds and other areas of the Property, as appropriate. The Master
Association shall maintain all Greenbelt or Amenity Areas dedicated to the Master
Association or maintenance, by or with the consent of Declarant.
20
VOL. 27 21PAGE 0534
6.6 Lighting. The Master Association shall pay for electrical service and for
all other costs and expenses necessary to operate and maintain the lights within street
rights -of -way and Greenbelt and Amenity Areas.
6.7 Common Properties. Subject to and in accordance with this Declaration,
the Master Association, acting through the Board, shall have the following duties:
clients113190112master. dec
(A) To accept, own, operate and maintain all Greenbelt
or Amenity Areas which may be conveyed or leased to it by
Declarant, together with all Improvements of whatever kind and
for whatever purpose which may be located in said areas; and to
accept, own, operate and maintain all other Common Properties,
real and personal, conveyed or leased to the Master Association
by Declarant and to maintain in good repair and condition all
lands, improvements, and other Master Association property
owned by or leased to the Master Association. Such maintenance
shall include but not be limited to mowing and removal of rubbish
or debris of any kind.
(B) To construct, maintain, repair and replace landscape
improvements and irrigation systems within public rights -of -way
pursuant to _agreement(s).. with .the City of Round Rock or other
appropriate.governmental - authority.
(C) To pay all real and personal property taxes and other
taxes and assessments levied upon or with respect to any
property owned by or leased to the Master Association, to the
extent that such taxes and assessments are not levied directly
upon the members of the Master Association. The Master
Association shall have all rights granted by law to contest the
legality and the amount of such taxes and assessments.
(D) Upon the approval of two- thirds (2/3) of the Owners
(excluding Declarant), to execute mortgages, both construction
and permanent, for construction of facilities, including
improvements on property owned by or leased to the Master
Association. Additionally, the Master Association may accept
lands in Greenbelt or Amenity Areas, whether or not improved,
from Declarant subject to such mortgages or by assuming such
mortgages. Financing may be effected through conventional
mortgages or deeds of trust, the issuance and sale of
development or other bonds, or in any other form or manner as
21
voL. 2721 PAGE 0535
may be deemed appropriate by the borrower, whether Declarant
or the Master Association. The mortgage or other security
interest given to secure repayment of any debt may consist of a
first, second or other junior lien as shall be deemed appropriate by
borrower, whether Declarant or the Association, on the
improvement or other facility to be constructed, together with
such underlying and surrounding lands as the borrower deems
appropriate. The debt secured by such mortgage or other security
instrument may be retired from and secured by the revenues
generated by dues, use fees or Assessments paid by the members
of the Master Association, or otherwise, or any combination
thereof, as may be deemed appropriate by Declarant or the Master
Association, as the case may be, but subject to the limitations
imposed by this Declaration.
(E) To take out and maintain current a policy of liability
insurance coverage to cover accidental bodily injury and /or death
caused by the use and enjoyment of the Greenbelt and /or Amenity
Area. Such insurance shall be in an amount as the Board shall
deem appropriate.
6.8 Fencing: In the event Declarant 'shall erect or cause to be erected a
fence along any portion of the property or of any Lots where such side or rear property
line adjoins a Greenbelt easement then the Master Association shall be responsible for
all maintenance of such fence, including the obligation to rebuild the same upon a
majority vote of the Members.
6.9 Indemnification. The Master Association shall indemnify any person who
was or is a party, or is threatened to be made a party to any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative or
investigative by reason of the fact that he is or was a director, officer, committee
member, employee, servant or agent of the Master Association against expenses,
including attorney's fees, reasonably incurred by him in connection with such action,
suit or proceeding if it is found and determined by the Board or a Court that he (1)
acted in good faith and in a manner he reasonably believed to be in, or not opposed
to, the best interests of the Master Association, and (2) with respect to any criminal
action or proceeding, had no reasonable cause to believe his conduct was unlawful.
The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo
Contendere or its equivalent, shall not of itself create a presumption that the person
did not act in good faith or in a manner which he reasonably believed to be in, or not
opposed to, the best interests of the Master Association, and with respect to any
criminal action or proceeding, had reasonable cause to believe that his conduct was
clients) 13190112master. dec
22
vol.2721 PACE O 5 6
unlawful. The Board may purchase and maintain insurance on behalf of any person
who is or was a director, officer, committee member, employee, servant or agent of
the Master Association, against any liability asserted against him or incurred by him in
any such capacity, or arising out of his status as such, whether or not the Master
Association would have the power to indemnify him against such liability hereunder or
otherwise.
ARTICLE VII
ARCHITECTURAL REVIEW COMMITTEE
7.1 Approval of Plans and Specifications. No Improvement shall be
commenced, erected, constructed, placed or maintained upon any Lot, nor shall any
exterior addition to or change or alteration therein be made until the Plans and
Specifications therefor shall have been submitted to in accordance herewith and
approved by the Architectural Review Committee.
7.2 Membership of Architectural Review Committee. The Architectural
Review Committee shall consist of not less than three (3) nor more than seven (7)
voting members ( "Voting Members ") and such additional nonvoting members serving
in an advisory capacity ( "Advisory Members ") as Declarant or its successors or
assigns deems appropriate. The initial voting members of the Architectural Committee
shall be Russell Parker, James Kerby and Tom.Wykoff.
7.3 Actions of the Architectural Review Committee. The Architectural
Review Committee may, by resolution, unanimously adopted in writing, designate one
or two of its members or an agent acting on its behalf to take any action or perform
any duties for and on behalf of the Architectural Review Committee. In the absence
of such designation, the vote of a majority of all of the members of the Architectural
Review Committee taken without a meeting, shall constitute an act of the
Architectural Review Committee.
7.4 Advisory Members. The Voting Members may from time to time
designate Advisory Members.
7.5 Term. Each member of the Architectural Review Committee shall hold
office until such time as he or she has resigned or has been removed or his or her
successor has been appointed, as proved herein.
7.6 Declarant's Rights of Appointment. Declarant, its successors or assigns
shall have the right to appoint and remove all members of the Architectural Review
Committee. Declarant may delegate this right to the Board by written instrument.
clients) 13190112master. dec
23
24
voL_ 2721 PAGE 053 i
Thereafter, the Board shall have the right to appoint and remove all members of the
Architectural Review Committee.
7.7 Adoption of Rules. The Architectural Review Committee may adopt such
procedural and substantive rules, not in conflict with this Declaration, as it may deem
necessary or proper for the performance of its duties, including but not limited to a
building code, a fire code, a housing code, and other similar codes as it may deem
necessary and desirable.
7.8 Design Guidelines. The Architectural Review Committee hereby adopts
the Design Guidelines, as stated in Article V, supra, and shall supply said respective
Guideline to each Owner. All Improvements shall be constructed in accordance with
the Design Guidelines, and the Architectural Review Committee shall have the
authority to disapprove any proposed Improvements based on the restrictions set forth
in the Design Guidelines. Any decision of the Architectural Review Committee
pursuant to this Section shall be final and binding so long as it is made in good faith.
In the event of a conflict between the Design Guidelines and this Declaration (or any
Supplemental Declaration) this Declaration shall control. The Architectural Review
Committee may charge Owners a reasonable fee for each set of Design Guidelines
supplied to an Owner. Nothing contained herein shall prohibit Declarant from
amending said design guidelines during the preliminary approval process for each of
the series of the phased.subdivisions.:
7.9 Reviews of Proposed Construction. Whenever in this Declaration, or in
any Supplemental Declaration, the approval of the Architectural Review Committee is
required, it shall consider all of the Plans and Specifications for the Improvement or
proposal in question, the Design Guidelines, and all other facts and information which,
in its sole discretion, it considers relevant, and may require an Owner to provide such
other information as it deems relevant. Except as otherwise specifically provided
herein, prior to the commencement of any construction of any Improvement on the
Property or any portion thereof, the Plans and Specifications therefor shall be
submitted to the Architectural Review Committee, and construction thereof may not
commence unless and until the Architectural Review Committee has approved such
Plans and Specifications in writing. The Architectural Review Committee may
postpone review of the Plans and Specifications until such time as the Architectural
Review Committee has received all information requested. The Architectural Review
Committee shall consider and act upon any and all Plans and Specifications submitted
for its approval pursuant to this declaration and perform such other duties assigned to
it by the Declaration or as from time to time shall be assigned to it by the Board,
including the inspection of construction in progress to assure its conformance with
Plans and Specifications approved by the Architectural Review Committee. The
Architectural Review Committee shall not be responsible for reviewing any proposed
ciientsl 13190112master. dec
vD1.2721P
Improvement, nor shall its approval of any Plans or Specifications be deemed approval
thereof from the standpoint of structural safety, engineering soundness, or
conformance with building or other codes.
7.10 Variance. The Architectural Review Committee may grant variances
from compliance with any of the provisions of this Declaration, any Supplemental
Declaration or the Design Guidelines, when, in the opinion of the Architectural Review
Committee, in its sole and absolute discretion, such variance will not impair or detract
from the high quality development of the Property, and such variance is justified due
to unusual or aesthetic considerations or unusual circumstances. All variances must
be evidenced by a written instrument, in recordable form, and must be signed by at
least two (2) of the Voting Members. The granting of such variance shall not operate
to waive or amend any of the terms and provisions of these covenants and
restrictions applicable to the Lots for any purpose except as to the particular property
and in the particular instance covered by the variance, and such variance shall not be
considered to establish a precedent or future waiver, modification or amendment of
the terms and provisions hereof.
7.11 No Waiver of Future Approvals. The approval or consent of the
Architectural Review Committee to any Plans or Specifications for any work done or
proposed or in connection with any other matter requiring the approval or consent of
the Architectural Review Committee shall not be deemed to constitute a waiver of any
right to withhold approval or consent as to any Plans and Specifications, or other
matter whatever, subsequently or additionally submitted for approval or consent by
the same or a different person.
7.12 Work in Progress. The Architectural Review Committee, at its option,
may inspect all work in progress to ensure compliance with approved Plans and
Specifications.
7.13 Address. Plans and Specifications shall be submitted to the Architectural
Review Committee at 9390 Research Blvd., Suite 350, Austin, Texas 78759, or such
other address as may be designated by Declarant, its successors and assigns, from
time to time.
7.14 Fees. The Architectural Review Committee shall have the right to require
a reasonable submission fee for each set of Plans and Specifications submitted for its
review.
7.15 Certificate of Compliance. Upon completion of any Improvement
approved by the Architectural Review Committee and upon written request by the
Owner of the Lot, the Architectural Review Committee shall issue a Certificate of
clients113190112master. dec
25
voL. 2721 PAGE 0529
Compliance in a form suitable for recordation. The Certificate shall identify the Lot
and the Improvements, the use or uses to be conducted thereon, and the Plans and
Specifications on file with the Architectural Review Committee to which the
Improvements were made and shall specify that the Improvements comply with the
approved Plans and Specifications. The Certificate shall not be construed to certify
the acceptability, sufficiency or approval by the Architectural Review Committee of
the actual construction of the Improvements or of the workmanship or materials
thereof. The Owner is hereby notified that the Certificate in no way warrants, except
as set forth above, the sufficiency, acceptability or approval by the Architectural
Review Committee of the construction, workmanship, materials or equipment of the
Improvements. Preparation and recordation of such a Certificate shall be at the
expense of the Owner of the improved Lot.
8.1 Assessments.
clien is 113190112mas ter. dec
ARTICLE VIII
FUNDS AND ASSESSMENTS
(A) Assessments established by the Board pursuant to
the provisions of this Article VII shall be levied on a uniform basis
against each Lot within the Property. Nothing herein, however,
shall, prohibit the Board from establishing separate and uniform
classifications for assessments. based upon the status of Lots
platted and developed by Declarant which have not been sold to
third parties for the purpose of constructing single family
residences thereon.
(B) Each unpaid Assessment together with such interest
thereon and costs of collection thereof as hereinafter provided,
shall be the personal obligation of the Owner of the Property
against which the Assessment fell due, and shall become a lien
against each such Lot and all Improvements thereon. The Master
Association may enforce payment of such Assessments in
accordance with the provisions of this Article.
(C) Where the obligation to pay an Assessment first
arises after the commencement of the year or other period for
which the Assessment was levied, the Assessment shall be
prorated as of the date when said obligation first arose to the
duration of the Assessment year or other period remaining after
said date.
26
vot. 2721 PAGE 0540
8.2 Maintenance Fund. The Board shall establish a maintenance fund into
which shall be deposited all monies paid to the Master Association and from which
disbursements shall be made in performing the functions of the Master Association
under this Master Declaration. The funds of the Master Association must be used
solely for purposes authorized by this Declaration, as it may from time to time be
amended. Nothing contained herein shall limit, preclude or impair the establishment of
other maintenance funds by a Subassociation pursuant to any Supplemental
Declaration.
8.3 Regular Annual Assessments. Prior to the beginning of each fiscal year,
the Board shall estimate the expenses to be incurred by the Master Association during
such year in performing its functions under the Forest Ridge Restrictions, including but
not limited to, the cost of all maintenance, the cost of providing street lighting, the
cost of enforcing the Forest Ridge Restrictions, and a reasonable provision for
contingencies and appropriate replacement reserves less any expected income and
any surplus from the prior year's fund. Assessments sufficient to pay such estimated
net expenses shall then be levied as herein provided, and the level of Assessments set
by the Board shall be final and binding so long as it is made in good faith. If the sums
collected prove inadequate for any reason, including nonpayment of any individual
Assessment, the Master Association may at any time, and from time to time, levy
further Assessments in the same manner as aforesaid. All such regular Assessments
shall be due and payable.to the.Master Association at the beginning of the fiscal year
or during the fiscal year equal monthly installments on or before the first day of
each month, or in such other manner as the Board may designate in its sole and
absolute discretion. In no event shall the regular annual assessment per lot for the
year 1995 exceed the sum of $200.00. Thereafter the maximum regular annual
assessment permitted hereunder shall be increased by fib percent ( %) per year.
8.4 Special Assessments. In addition to the regular annual Assessments
provided for above, the Board may levy special Assessments whenever in the Board's
opinion such special Assessments are necessary to enable the Board to carry out the
mandatory functions of the Master Association under the Forest Ridge Restrictions.
The amount of any special Assessments shall be at the reasonable discretion of the
Board. In no event shall the total special assessment per lot during the year 1995
exceed the sum of $100.00. Thereafter, the maximum special assessment permitted
hereunder shall increase by the sum of five percent (5_0 %) per year.
8.5 Owner's Personal Obligation for Payment of Assessments. The regular
and special Assessments provided for herein shall be the personal and individual debt
of the Owner of the Lot covered by such Assessments. No Owner may exempt
himself from liability for such Assessments. In the event of default in the payment of
any such assessment, the owner of the lot shall be obligated to pay interest at the
c /ients 113190112master. dec
27
VOL 2721116EO541
highest rate allowed by the VA or FHA for interest on delinquent assessments, but in
no event higher than any applicable usury laws then in effect on the amount of the
assessment from the due date thereof (or, if there is no such highest rate, the rate of
eighteen percent (18 %) per annum) together with all costs and expenses of collection,
including reasonable attorneys fees.
8.6 Exemption of Declarant. Notwithstanding any provision herein to the
contrary, all common area and association property shall be exempt from the payment
of any assessments whether regular or special.
8.7 Assessment Lien and Foreclosure. All sums assessed in the manner
provided in this Article but unpaid, shall together with interest as provided in Section
7.05 hereof and the cost of collection, including attorney's fees as herein provided,
thereupon become a continuing lien and charge on the Lot covered by such
Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's
heirs, devisees, personal representatives, successors or assigns. The aforesaid lien
shall be superior to all other liens and charges against the said Lot, except only for:
(A) All liens for taxes or special assessments levied by
the applicable city, county or state government, or any political
subdivision or special district thereof;
(B) All liens - securing'all amounts due or to become due
under (i) any term Contract 'for dated, or (ii) any mortgage
vendor's lien or deed of trust filed for record prior to the date any
Assessment became due and payable; and
(C) All liens including, but not limited to, vendor's liens,
deeds of trust and other security agreements which secure any
loan made by any lender to a Member for any part of the purchase
price of any Lot when the same are purchased from a builder, or
for any part of the cost of constructing, repairing, adding to or
remodeling any Improvements utilized for residential purposes.
Notwithstanding the above, no lien shall be deemed or held superior to the lien hereby
created unless the Master Association is made a party to any court proceeding to
enforce any of the above- listed liens. The Master Association shall have the power to
subordinate the aforesaid assessment lien to any other lien. Such power shall be
entirely discretionary with the Board and such subordination may be signed by an
officer of the Master Association. To evidence the aforesaid assessment lien, the
Master Association may prepare a written notice of assessment lien setting forth the
amount of the unpaid indebtedness, the name of the Owner of the Lot covered by
clientsl 131901I2master. dec
28
VOL. 2721 PAGE O542
such lien and a description of the Lot. Such notice shall be signed by one of the
officers of the Master Association and shall be recorded in the office of the County
Clerk of Williamson County, Texas. Such lien for payment of Assessments shall
attach with the priority above set forth from the date that such payment becomes
delinquent and may be enforced by either (i) the Master Association instituting suit
against the Owner personally obligated to pay the Assessment and /or for foreclosure
of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not
judicial, the Owner shall be required to pay the costs, expenses, and reasonable
attorney's fees incurred by the Master Association. The Master Association shall
have the power to bid on the property at foreclosure or other legal sale and to acquire,
hold, lease, mortgage, convey or otherwise deal with the same. Upon the written
request of any Mortgagee, the Master Association shall report to such Mortgagee any
unpaid Assessments remaining unpaid for longer than thirty (30) days after the same
are due.
9.1 Reserved Easements. All dedications, limitations, restrictions and
reservations shown on a Plat and all grants and dedications of easements,
rights -of -way, restrictions and related rights, made by Declarant prior to the Property
becoming subject to this Master Declaration, are incorporated herein by reference and
made a part of this Master. Declaration for -all purposes, as if fully set forth herein, and
shall be construed as being adopted in each and every contract, deed or conveyance
executed or to be executed by or on behalf of Declarant conveying any part of the
Property. Declarant reserves the right to make changes in and additions to the said
easements and rights -of -way for the purpose of most efficiently and economically
developing the Property. Further, Declarant reserves the right, without the necessity
of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or
otherwise create, at any time or from time to time, rights -of -way and easements for
public utility purposes (including, without limitation, gas, water, cable television,
electricity, telephone and drainage), in favor of any person or entity, along and on
either or both sides of any Lot line, which said easement shall have a maximum width
of 5.0 feet on each side of such Lot line to the extent as may be required by law or
ordinance easements. Easement may be granted to Williamson County, Texas, a
political subdivision of the State of Texas ( "Grantee "), for the maintenance of sight
easements. Under said easements, if and when required, Grantee may use the
surface of the Property as may be reasonably necessary to prohibit an obstruction of
the sight distance by any vegetation, fencing, earthwork, building, signs or other
obstruction which is determined to cause a traffic hazard. The property owner is to
maintain an unobstructed view corridor within the bounds of any such easement.
clients) 13190112master.dec
ARTICLE IX
EASEMENTS
29
30
vol. 2721 PAGE 0543
9.2 Installation and Maintenance. There is hereby created an easement
upon, across, over and under all of the easement areas affecting the Property for
ingress and egress in connection with installing, replacing, repairing and maintaining all
utilities, including, but not limited to, water, sewer, gas, cable television, telephones,
electricity and appurtenances thereto. By virtue of this easement, it shall be expressly
permissible for the utility companies and other entities supplying service to install and
maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances
thereto, on, above, across and under the Property, within the public utility easements
from time to time existing and from service lines situated within such easements to
the point of service on or in any Improvement. Notwithstanding any provision
contained in this section, no sewer, electrical lines, water lines or other utilities or
appurtenances thereto may be relocated on the Property until approved by Declarant
or the Architectural Review Committee. The Utility companies furnishing service shall
have the right to remove all trees situated within the utility easements shown on the
Plat, and to trim overhanging trees and shrubs located on portions of the Property
abutting such easements.
9.3 Drainage Easements. Each Owner covenants to provide easements for
drainage and water flow, as contours of land and the arrangement of Improvements
approved by the Architectural Review Committee thereon, require. Each Owner
further covenants not to disturb or displace any trees or other vegetation within the
drainage easements as defined in this Master;Declaration and shown on the Plat.
There shall be no construction. - of Improvements, temporary or permanent in any
drainage easement, except as approved in writing by the Architectural Review
Committee.
9.4 Surface Areas. Each Owner shall maintain the surface area of all
easements located within his Lot and all improvements located therein except for such
improvements for which a public authority or utility company is responsible. The
surface of easement areas for underground utility services may be used for planting of
shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier
of any utility or service using any easement area shall be liable to any Owner or to the
Master Association for any damage done by them or either of them, or their respective
agents, employees, servants or assigns, to any of the aforesaid vegetation as a result
of any activity relating to the construction, maintenance, operation or repair of any
facility in any such easement area.
9.5 Title to Easements and Appurtenances Not Conveyed. Title to any Lot
conveyed by Declarant by contract, deed or other conveyance shall not be held or
construed in any event to include the title to any roadways or Greenbelt or Amenity
Area or any drainage, water, gas, sewer, storm sewer, electrical light, electrical
power, telegraph or telephone way, or any pipes, lines, poles or conduits on or in any
clients) 13190112master.dec
vci.2721 PAGE O544
utility facility or appurtenances thereto, constructed by or under Declarant or its
agents through, along or upon any Lot or any part thereof to serve said Lot or any
other portion of the Property, and the right to maintain, repair, sell, or lease such
appurtenances to any municipality or other governmental agency or to any public
service corporation or to any other party is hereby expressly reserved in Declarant.
9.6 Greenbelt or Amenity Area. Each Owner shall have an easement of use
and enjoyment in and to all Greenbelt or Amenity Areas which shall be appurtenant to
and shall pass with title to such Owner's Lot, subject to the following provisions:
clients) 13190112master. dec
(A) The right of the Master Association to suspend the
Owner's voting rights and right to use the Greenbelt or Amenity
Areas for any period during which any Assessment against such
Owner's Lot remains unpaid, and for any period during which the
Owner is in violation of the rules and regulations of the Master
Association;
(B) The right of the Master Association to dedicate or
transfer all or any part of the Greenbelt or Amenity Areas to any
public agency, authority or utility for such purposes and subject to
such conditions as may be approved by a majority vote of the
Members;
(C) The right of the Master 'Association to borrow money
for the purpose of improving the Greenbelt or Amenity Areas and,
in furtherance thereof, to mortgage the Greenbelt or Amenity
Areas, all in accordance with the Articles and Bylaws;
(D) The right of the Master Association to make
reasonable rules and regulations regarding the use of the
Greenbelt or Amenity Areas and any facilities thereon; and
(E) The right of the Master Association to contract for
services with third parties on such terms as the Master
Association may determine.
31
10.3 Amendment.
ARTICLE X
MISCELLANEOUS
VO1.2721PA6E0545
10.1 Term. This Master Declaration, including all of the covenants,
conditions, and restrictions hereof, shall run until February 2. 2024, unless amended
as herein provided. After February 10. 2024, this Master Declaration, including all
such covenants, conditions, and restrictions shall be automatically extended for
successive periods of ten (10) years each, unless amended or extinguished by a
written instrument executed by the Owners of at least three - fourths (3/4) of the Lots
within the Property then subject to this Master Declaration.
10.2 Nonliabilitv of Board and Architectural Review Committee Members.
Neither the Architectural Review Committee, nor any member thereof, nor the Board
nor any member thereof, shall be liable to the Master Association or to any Owner or
to any other person for any loss, damage or injury arising out of their being in any
way connected with the performance of the Architectural Review Committee's or the
Board's respective duties under this Declaration unless due to the willful misconduct
or bad faith of the Architectural Review Committee or its member or the Board or its
member, as the case may be. Neither the Architectural Review Committee nor the
members thereof shall be liable to any Owner due to the construction of any
Improvement within the Property.
(A) By Declarant. This Master Declaration may be
amended by the Declarant acting alone until February 10. 2004,
or until Declarant no longer holds a majority of votes in the Master
Association, whichever occurs last. No amendment by Declarant
after February 10. 2004, shall be effective until there has been
recorded in the Real Property Records of Williamson County,
Texas, an instrument executed and acknowledged by Declarant
and setting forth the amendment, and an instrument executed and
acknowledged by the President and Secretary of the Board
certifying that the Declarant had the requisite number of votes.
Notwithstanding the foregoing, Declarant may amend this
Declaration at any time (i) to correct typographical and
grammatical errors, and (ii) in order to comply with VA or FHA
requirements for approval of the Property.
(B) By Owners. In addition to the method in Section
10.03(A), after February 10, 2004, this Declaration may be
amended by the recording in the Williamson County Real Property
dientsl 13190 r 12master. dec
32
voi. 2'7 21 PaoE 0 5 4 6
Records of an instrument executed and acknowledged by the
President and Secretary of the Master Association, setting forth
the amendment and certifying that such amendment has been
approved by Owners entitled to cast at least eighty percent (80 %)
of the number of votes entitled to be cast pursuant to Section 6.3
hereof.
10.4 Notices. Any notice permitted or required to be given by this Master
Declaration shall be in writing and may be delivered either personally or by mail. If
delivery is made by mail, it shall be deemed to have been delivered on the third (3rd)
day (other than a Sunday of legal holiday) after a copy of the same has been
deposited in the United States mail, postage prepaid, addressed to the person at the
address given by such person to the Master Association for the purpose of service of
notices. Such address may be changed from time to time by notice in writing given
by such person to the Master Association.
10.5 Interpretation. The provisions of this Master Declaration shall be liberally
construed to effectuate the purposes of creating a uniform plan for the development
and operation of the Property and of promoting and effectuating the fundamental
concepts of the Property set forth in this Master Declaration. This Master Declaration
shall be construed and governed under the laws of the State of Texas.
10.6 Mergers'and Consolidations. The. Association may participate in mergers
and consolidations with other non - profit corporations organized for the same
purposes, provided that any such merger, consolidation of annexation shall have the
consent (in writing or at a meeting duly called for such purpose) of those Members
entitled to cast not less than two - thirds (213) of the votes of the Association.
10.7 Exemption of Declarant. Notwithstanding any provision on this Master
Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in
any way be subject to the control of or under the jurisdiction of the Architectural
Review Committee. Without in any way limiting the generality of the preceding
sentence, this Master Declaration shall not prevent or limit the right of Declarant to
excavate and grade, to construct and alter drainage patterns and facilities, to
construct any and all other types of improvements, sales and leasing offices and
similar facilities, and to post signs incidental to construction, sales and leasing
anywhere within the Property.
10.8 Assignment by Declarant. Notwithstanding any provision in this Master
Declaration to the contrary, Declarant may assign, in whole or in part, any of its
privileges, exemptions, rights and duties under this Master Declaration to any other
person or entity and may permit the participation, in whole or in part, by any person
clien is 113190112master. dec
33
voL.2721 PAGE 0547
or entity in any of its privileges, exemptions, rights and duties hereunder. Further, in
the event of foreclosure on the deed of trust covering the Property, of record in
Volume 2527, Page 596, Real Property Records of Williamson County, Texas, or any
modification, renewal or restatement thereof, this provision shall serve as Declarant's
express written assignment of all rights of Declarant to Bank One, Texas, N.A..
10.9 Enforcement and Nonwaiver.
10.10 Construction.
(A) Right of Enforcement. Except as otherwise provided
herein, any Owner at his own expense, Declarant, and /or the
Board shall have the right to enforce all of the provisions of the
Forest Ridge Restrictions. Such right of enforcement shall include
both damages for, and injunctive relief against, the breach of any
such provision.
(B) Nonwaiver. The failure to enforce any provision of
the Forest Ridge Restrictions at any time shall not constitute a
waiver of the right thereafter to enforce any such provision or any
other provision of said restrictions.
(C) Liens. The Master Association shall have the right,
when appropriate in its judgment, to claim or impose a lien upon
any Lot or Improvement constructed thereon in order to enforce
any right or effect compliance with this Master Declaration.
(A) Restrictions Severable. The provisions of the Forest
Ridge Restrictions shall be deemed independent and severable,
and the invalidity or partial invalidity of any provision or portion
thereof shall not affect the validity or enforceability of any other
provision or portion thereof.
(B) Singular Includes Plural. Unless the context requires
a contrary construction, the singular shall include the plural and
the plural the singular; and the masculine, feminine or neuter shall
each include the masculine, feminine and neuter.
(C) Captions. All captions and titles used in this
Declaration are intended solely for convenience of reference and
shall not enlarge, limit or otherwise effect that which is set forth in
any of the paragraphs, sections or articles hereof.
clients) 131901I2master.dec
34
VOL. 2 7 21 PtGE 05 48
IN WITNESS WHEREOF, Declarant has executed this First Amended and
Restated Forest Ridge Master Declaration of Covenants, Conditions and Restrictions
as of this the 10 day of I\koy , 19 ' S.
Schedule of Exhibits:
Exhibit "A" Property Description
Exhibit "B" P.U.D. Agreement No. 11 for Forest Ridge
Declarant: FOREST RIDGE DEVELOPMENT GROUP, LTD
a Texas Limi d Partnership
By .
STATE OF TEXAS
y
COUNTY OF LOir_LL Aw sor`l �I
This instrument was acknowledged before me on the 1 D# — day of
, 1 by 'KL l S �o Fez e , �GQ�s.>ee of
Forest Ri&ge 1ttiygstctz Ots, Ltd., a Texas Limited Partnership, on behalf of said
partnership. Development Group
[SEAL]
JACQUE M. SMITH
Notary Public, State of Texas
My Commission rrouee
DE0.14,1998
clients) 13190112master. dec
Its
35 A
- State of Texas
vat. 2721pAGE054 9
IN WITNESS WHEREOF, Declarant has executed this First Amended and
Restated Forest Ridge Master Declaration of Covenants, Conditions and Restrictions
as of this the 1O'w\day of 1\ , 19
Schedule of Exhibits:
Exhibit "A"
Exhibit "B"
Property Description
P.U.D. Agreement No. 11 for Forest Ridge
Declarant: FOREST RIDGE INVESTMENTS, LTD.,
STATE OF TEXAS
COUNTY OF l/0 kL-LA A t.3
[SEAL]
JACQUE M. SMITH
Notary Public, Stale of Texas
My Conxnheion 174res
DEC.14,1998
clien is 113130112master. dec
By:
.11
Ji
This instrument was acknowledged before me on the IO 'day of
, 1935 - , by �tissel� 5 �i �� , of
Forest Ridge Investments, Ltd., a Texas Limited Partnership, on behalf of said
partnership.
3513
a Texas Lim*� Partnership
Its
F blic - State of Texas
VOL 2721PQGEO55O
CONSENT OF MORTGAGEE
Bank One, Texas, N.A., as the owner and holder of indebtedness secured by a
deed of trust covering the Property, of record in Volume 252.1 , Page 5910 , Real
Property Records of Williamson County, Texas, does hereby join in the execution of
this FIRST AMENDED AND RESTATED FOREST RIDGE MASTER DECLARATION OF
COVENANT, CONDITIONS AND RESTRICTIONS for the purpose of evidencing its
consent hereto.
Executed this OA day of MAI , 191
STATE OF TEXAS
COUNTY OF T/ }14.5
clients113190112master. dec
By:
1928
�cct�iy,�
TAN'CEc' PAI An n e ,
Nntaiy Sta, of Texas
NOVEMBER30,
This instrument '_ rr
was a before me on the /0' day of
, 19/' , by t'KFI L. ((4,gI LIIJ , jllr.E P/1 ,D,xJT of
, on behalf of said
Notary Public - State of Texas
36
QS
■
160 acres out of the Joseph Marshall Survey, Abstract 409 in
Williamson, County, Texas, being a portion of a 76 acre tract conveyed
to M.H. Freeman in Volume 343, Page 229 and a portion of a 240 acre
tract conveyed to M.H. Freeman in Volume 343, Page 230, both of the
Williamson County, Texas Deed Records.
clients 113190112master. dec
EXHIBIT "A"
PROPERTY DESCRIPTION
37
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WILLIAMSON COUNTY, TEXAS
THE STATEOFYEXAS , £, R „
comNTYOFWILUAUSOI
Mists to at9/ytffitthis documantwas FILED and
RECORDED In the Official Public Records of
WBOmnson County, Togas on the data and the
stamped thereon.
' VOL •
2 7 21 :PAGE 0 5 5 3
STA
on the
Sy rte s
and Page of
County. Texas,
OFTEXAS COUNTVOF
certify Sat this lostrmeent wet D
end at the the n
duly RECORDED In Volume
named RECORDS Williamson
stam by me, on
Docx : 9519153
Rec. $ 127.00
Date : 05 -11 -1995
Time • 02 :33:33 P.N.
Filed & Recorded in
Official Records
of RILLIANSOR County, TX
ELAIRE BIZZELL
COUNTY CLERK
14.
LERK
COUNTY, TEXAS