O-87-1238 - 1/22/1987ORDINANCE NO. /3'
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, ADOPTED IN CHAPTER 11,
SECTION 3.E.(2), CODE OF ORDINANCES, CITY OF ROUND
ROCK, TEXAS AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO -WIT: TO CHANGE 20.06
ACRES, MORE OR LESS, OUT OF THE David Curry Survey,
Abstract No. 130 SURVEY, WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED BELOW FROM MF (Multi -Family Residential)
TO PUD #2 (Planned Unit Development)
WHEREAS, an application has been made to the City Coun-
cil of the City of Round Rock, Texas to amend the Official
Zoning Map to change the zoning classification of the proper-
ty described in Exhibit "A" from MF (Multi -Family Residential)
to PUD #2 (Planned Unit Development)
WHEREAS, the City Council has submitted the requested
change in 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 6th
day of November , 19 86 , 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 zoning classification of the above described property be
changed from MF (Multi -Family Residential)
to PUD #2 (Planned Unit Development)
, and
WHEREAS, on the 13th day of November , 1986 , after
proper notification, the City Council held a public hearing
on the requested change, and
WHEREAS, the City Council has determined that sub-
stantial changes in conditions have occurred which justify
the zoning classification change provided for herein, and
WHEREAS, the City Council determines that the zoning
classification change provided for herein promotes the
health, safety, morals and protects and preserves the 4eneia1
welfare of the community, and
WHEREAS, the applicant has agreed to enter into an agreement
outlining the Planned Unit Development to be placed on the land, and
WHEREAS, each and every requirement set forth in Art.
1011a -f V.A.T.S. and Chapter 11, Section•3, Code of Ordinances,
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
I.
That the Official Zoning Map adopted in Chapter 11, Section
3.E.(2), Code of Ordinances, 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 is hereby
changed from MF (Multi -Family Residential)
and shall be, and hereafter designated as PUD #2 (Planned Unit
Development)
and, that the Mayor be authorized to enter into the PUD agreement
attached hereto as exhibit "b".
(Mark through the following alternative that is not applicable)
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
day of
•
Alternative 2.
READ and APPROVED on first reading this the 4,15 day
of ,
/q8
READ APPROVED and ADOPTED on second reading this the
day of
AT ST:
4,4 )44/iLit
ANNE LAND, City Secretary
"„)
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ita
DATE: January 20, 1987
SUBJECT: Council Agenda, January 22, 1987
ITEM: 11D - Consider an ordinance revising the Zoning
Ordinance by rezoning a portion of Crystal
Park from Multi -Family to a Planned Unit
Development. (Second Reading)
The above ordinance was given first reading on November 13, 1986.
The second reading was witheld until the PUD contract was signed
by the applicant. The contract is now signed and the covenants
and property owners bylaws guaranteeing construction and maintenace
of the recreational facilities have also been executed.
There have been no changes since first reading and second reading
is recommended.
DATE: November 7, 1986
SUBJECT: Council Agenda, November 13, 1986
ITEM: 110 - Consider an ordinance revising the Zoning Ordinance by
rezoning a portion of Crystal Park from Multi -Family to a
Planned Unit Development. (First Reading)
7
This Planned Unit Development application is located North of Greenhill
Drive and FM 3406 (Horizon Blvd.)
The development consists of 408 apartment units on 20.36 acres of land.
The PUD provides for density averaging on three parcels with a fourth
parcel being used solely for recreational uses. A public access easement
will be provided through the recreational parcel along Chandler Creek.
One bedroom units will be allowed to provide parking at a rate of 1.5
spaces per unit.
There were no presentations to the Planning and Zoning Commission Hearings
held on November 6, 1986.
The Planning and Zoning Commission recommended approval subject to the
conditions outlined in the draft PUD Contract.
This item should be given first reading only.
Final reading should be held until the PUD agreement is prepared by
the City Attorney and signed by the applicant.
V01.1660PAGE042
13485
PUD #2 AGREEMENT
WHEREAS, Crystal Park Associates, Ltd. and Crystal Park
Apartments, Ltd. (hereinafter collectively referred to as the
"Developer") have requested the approval by the City of Round
Rock, Texas ("City") of a planned unit development for a
408 -unit apartment development on the tract of land (the "Land")
described on Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, the City has reviewed the proposed planned unit
development and has determined that it promotes the health,
safety, and general welfare of the citizens of Round Rock and
that it complies with the intent of the City of Round Rock PUD
Ordinance #1203.
NOW, THEREFORE, it is agreed that the Land shall be
developed as a planned unit development in accordance with that
certain Declaration of Covenants and Restrictions for PUD #2
("Declaration") to be recorded in the real property records of
Williamson County, Texas and shall be known as "PUD #2." PUD #2
shall consist of a phased, multi -family residential development
and certain recreational amenities, all of which shall be
constructed in accordance with the site plan ("Site Plan") for
PUD #2 attached hereto as Exhibit "B" and made a part hereof.
All buildings, parking, driveways and landscaped areas shall be
developed on PUD #2 in accordance with Exhibit "B".
It is further agreed that a nonexclusive recreational
easement shall be granted to the City of Round Rock over that
portion of the Land designated as Parcel 1 on the Site Plan,
such easement to be created pursuant to the terms and conditions
of the Declaration.
It is further agreed that the site plan for each phase of
development of a portion of the Land shall be submitted to the
City of Round Rock Development Review Board for approval prior
to the issuance of building permit for such phase of
development. Such site plans shall include detailed landscaping
plans, including berming or screening of all parking located in
street yards.
It is further agreed that at such time as the Land is
subdivided a 26 -foot wide emergency access easement across the
first phase of the Land to be developed shall be granted to the
City, such easement to be in a form reasonably satisfactory to
the City fire marshall.
By approval of the Site Plan, the City has approved plans
for the planting of fescue grass as a sports field on Parcel 1
and the installation of five (5) picnic tables and five (5)
barbeque pits on Parcel 1 in connection with the completion of
the improvements on the first phase of the Land to be developed.
By approval of the Site Plan, the City has also approved
plans for the installation of five (5) additional picnic tables
and five (5) additional barbeque pits and the construction of a
jogging trail on Parcel 1 in connection with the completion of
the improvements on the second phase of the Land to be developed.
The City hereby approves the following parking ratios:
1. 1.5 stalls per each one bedroom unit; and
2. 2.0 stalls per each two bedroom unit.
All other aspects of parking requirements, including the
definition of apartment size, shall be in accordance with the
City of Roupd Rock Zoning Ordinance.
OFFICEAU RECORDS'
WILLIAMSON COUNTY, TEXAS'
VOL1660PAGE043
No filling of any portion of the 100 -year flood plain shall
occur without prior written approval of the City of Round Rock
Flood Plain Administrator.
Developer agrees that PUD #2 Owners Association, Inc.
("Association"), a Texas non-profit corporation, shall be
created simultaneously with the recording of the Declaration.
The Association shall be responsible for the development and
maintenance of Parcel 1.
The terms of this agreement and all exhibits hereto shall
become the zoning district for PUD #2, and they shall be shown
as PUD #2 on the City of Round Rock Zoning Map.
This agreement shall be binding on all parties to the
agreement, their heirs, successors and assigns and shall be
incorporated into the Declaration for all purposes.
The terms of this agreement may be altered only in
accordance with the provisions of the City PUD Ordinance #1203,
as amended from time to time.
Executed in duplicate this the
Attest:
401
Jiinne Land,
arty Secretary
4577p
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
4°day of
CITY OF ROUND ROCK
Mike Robinson,
Mayor
1987.
CRYSTAL PARK ASSOCIATES, LTD.,
a California limited partnership
By: Emkay Development Company,
Inc., a Nevada corporation,
managing_ general partner
By:
Name: Eifa1 Rothlisberger
Title: Area Manager
CRYSTAL PARK APARTMENTS, LTD.,
a California limited partnership
By: Emkay Development Company,
Inc., a Nevada corporation,
managing general partner
By
Nam . Rothlisberg-r
Title:
Area Manager
BEFORE4IE,th I -:I 1 ned authority, on this day personnally
appeared / 4;20(, :e
, , ,v,..Li , known to me to be the person
whose na e is su.scribed to he foregoing instrument as Area Manager,
for Emkay=_Development_Companyi general managing partner of-Crystal-
Park-AsSociates;, Ltth.iTand_CrystaI7Park.Apartmentsi--Ltd.j andle
acknowledged tb-'me.that'he-,ekecuted_the'.same for -the pu poses:and
ce sjderations therein expressed.
UNDER MY HAND AND SEAL OF OFFICE, this the
atiday of
, A.D. 98$17
otary P
lic
2
SCOTTY C. MUENCHOW
K4:qy Pubk,
Ste of Texas
Cc:omiss'Q.71 Expires Nov. 14. 19 .
unty, Texas
VOL1660PHGE044
EXHIBIT "A"
CRYSTAL PARK (PROPOSED)
20.36 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
FN 0039 (MB)
NOVEMBER 11, 1985
EH&A JOB. NO. 6786-08
A DESCRIPTION OF A 20.36 ACRE TRACT OF LAND OUT OF THE
DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON
COUNTY, TEXAS, THE SAID 20.36 ACRE TRACT BEING A PORTION OF THAT
CERTAIN 140.67 ACRE TRACT OF LAND AS DESCRIBED IN DEEDS TO EMK
DEVELOPMENT INC., OF RECORD IN VOLUME 1047 PAGE 721,VOL AY
047.
PAGE 701 AND VOLUME 953 PAGE 601 OF THE DEED RECORDS 1 OF
WILLIAMSON COUNTY, TEXAS THE SAID 20.36 ACRE TRACT OF LAND
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
•
BEGINNING at an iron rod found for the most northeasterly corner of the
said 140.67 acre tract, being the most northeasterly corner hereof;
THENCE with an east line of the said 140.67 acre tract, bein an east
hereof, the following two (2) courses: g hne
1. S 18°-27'-22"
2. S 18°-35'-32"
inside corner
hereof;
E, a distance of 374.50 feet to an iron rod found, and
E, a distance of 256.11 feet to an iron rod found for an
of the said 140.67 acre tract, being an inside corner
THENCE with a north line of the said 140.67 acre tract, being a north line
hereof, N 71°-35'-46" E, a distance of 401.04 feet to an iron rod found for an
easterly Corner of the said 140.67 acre tract, being an easterly corner hereof;
THENCE with the most easterly line of the said 140.67 acre tract, being
the most easterly line hereof,S 18°-13'-15" E,471.77
a point In the most easterly liae of the sai140.67 acre tractes ion rod found for
corner hereof; for the southeast
THENCE HENCE departing the most easterly line of the said 140.67 acre tract
and over and across the said 140.67 acre tract the following seven (7) courses and
distances:
1. S 71° 33'-15" W, a distance of 610.25 feet to an iron
rod found,
2. A distance of 9.31 eet with the arc of a curve to the left having
central angle of 00°-15'-32", a radius of 2060.00 feet, and a chrd
bearing of S 71°-25'-29" W, a distance of 9.31 feet to an iron rod
found for a point of reverse curvature,
3. A distance of 37.75 feetewith the arc of a curve to the right having
a central angle oof 86°-31'-09", a radius of 25.00 feet, and a chord
bearing of N 65°-26'-43" W, a distance of 34.27 feet to a point of
reverse curvature,
4. A distance of 364.07eet with the arc of a curve to the left having
a central angle of 48°-30'-37", a radius of 430.00 feet, and a chord
bearing of N 46°-26'-27" W, a distance of 353.29 feet to an iron
found for a point of tangency, rod
5. N 70°-41'-45" W, a distance of 509.54 feet to an iron rod found
point of curvature, for a
6. A distance of 160.14feet with the arc of a curve to the
a central angle aof 21°-20'-17", a radius of 430.00 feet,and ahavind
bearing of N 81 -21'-52" W, a distance of 159.22 feet o an it chord
set for point on the curve, and on rod
7. N 03°-07'-27" W, a distance of 395.61 feet to an iron rod found
the north line of the said 140.67 acre tract for the northwest corner
hereof;
rRYSTAL PARK (PROPOSED)
20.36 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
y0L1V60PaGE045
FN 0039 (MB)
NOVEMBER 11, 1985
EH&A JOB. NO. 6786-08
THENCE with the north line of the said 140.67 acre tract, being the north
line hereof, the following two (2) courses and distances:
1. N 72°-12'-50" E, a distance of
2. N 71°-211-11' E, a distance
BEGINNING, containing 20.36
106.81 feet to an iron rod found,
of 743.85 feet to the POINT OF
acres of land, more or less.
THE STATE OF TEXAS :
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS :
That I, Lawrence A. Hunt, a Registered Public Surveyor, do hereby certify
that the above description was prepared from an on the ground survey under m
direction and supervision and is true and correct to the best of my knowledge. y
WITNESS MY HAND AND SEAL AT Austin, Travis County, Texas this the
//7W day ofDj/P ..1j34
1985, A.D.
awrence A:Hunt
Registered Public Surveyor
No. 4328 - State of Texas
VOL 1660PAGE046
VOL1660pAGE047
ACTION OF BOARD OF DIRECTORS OF
PUD #2 OWNERS ASSOCIATION, INC., WITHOUT
ORGANIZATIONAL MEETING
The undersigned, being all of the present Directors of PUD
#2 Owners Association, Inc., a Texas non-profit corporation, and
being all of the Directors named in the Articles of
Incorporation of PUD #2 Owners Association, Inc., which were
filed with the Secretary of State of the State of Texas, do
hereby individually and collectively consent in writing in
accordance with Article 9.10 of the Texas Non -Profit Corporation
Act to take the following action, transact the following
business, and adopt the following resolutions:
RESOLVED, that the following person be, and hereby are,
elected to the offices set forth below opposite their names:
Name Office
1. Gregory E. Crouch President
2. Emil Rothlisberger Vice President
3. Gary L. Cheek Secretary
4. Gary L. Cheek Treasurer
RESOLVED, that the copy of the Articles of Incorporation
attached hereto is a true copy of the Articles of Incorporation
of this Corporation filed with the Secretary of State of Texas,
and that this copy and the Certificate of Incorporation shall be
placed in the Minute Book of the Corporation;
RESOLVED, that the Bylaws appearing on the document hereto
attached entitled "BYLAWS OF PUD #2 OWNERS ASSOCIATION, INC."
(hereinafter sometimes referred to as "Bylaws"), be, and hereby
are, adopted as the Bylaws of this Corporation and that one copy
of the Bylaws be placed in the Minute Book of the Corporation
following the Articles of Incorporation, that the Secretary of
the Corporation shall certify a copy of the Bylaws and maintain
them in the principal office of the Corporation for the
transaction of its business, open for inspection by the members
at all reasonable times during office hours, and that, in
certifying the Bylaws, the Secretary shall state in the
Certificate that the Bylaws were adopted by the unanimous
written consent of the Directors without a meeting pursuant to
Article 9.10 of the Texas Non -Profit Corporation Act;
RESOLVED, that the Secretary of the Corporation be, and
hereby is authorized to procure all corporate books required by
law or necessary or appropriate in connection with the business
of the Corporation, and that the President of the Corporation
be, and hereby is, authorized to pay all charges and expenses
incident to the organization of the Corporation;
RESOLVED, that the fiscal year of this Corporation for
federal income tax and financial reporting purposes shall be
from January 1 through December 31 of each year.
Executed by each of the under gned as of this day of
fr24447- 1987.
4319p
Gregor
Crouch, Director
EmiliP.othlibOtger, Director
Ga472-66:7Director
r0Ll660PacE048
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE -ME, the de.,, signe authority, on this day personally
appeared tie
known to me to be the person
whose name is s +s ribed to the foregoing in as Director.,
�=
PUD #2 Owners Association:, Inc, and.he acknowledged
wledged to me to be=_.that=_
e:cpressed.
he: execu.te:d the same: forr ) the purposes ah:d consid:erations`there;n
VEN UNDER MY HAND AND SEAL OF OFFICE, this the
0/ A
. 1987, day of
D
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BE ORE ►�� the
appea.,' ars gned authority,on
F
,� ,�'' tsmeatopersonally
whose nam s su.scribed to the foregoing str
in knowntobe the person
PUD #2 Owners Association, Inc., and he acknowledgedument as Director,
executed the same for the purposes and considerations
to me that he
ions therein expressed.
otary P4blic in a d for Williamson County, Texas
Y
UNDER MY HAND AND SEAL OF OFFICE, this the
��eZG�'� A.D., 1987. �
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
7
BEFROE , ,fi
the •
n+�r� ? i � -
appeared. ` ,,gam d authority on this day personally
whose nam is bscribed to the foregoing, known to me to be the person
PUD#2 instrument as Director,
Owners Association, Inc., and he ackn
executed the same for the owledged to me that he
purposes and considerations therein expressed.
UNDER MY HAND AND SEAL OF OFFICE, this the /
A.D., 1987.
4d
y of
:MUENCHOW
r.iia„ State of Texas
scion Expires Nov. 1989
County, Texas
.004r'
day of
otary Pu.lic in and( for Williasmon Coun ..,
!_ Y C. MUENCHOW
ie as y Public, State of Texas
Commission Expires Nov 14,1989
Texas
STATE OF TEXAS COUNTY OF WIWAMSON
1 hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, rexas, as stamped hereon by me, on
WY 1 2 1988
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
!"A
t
Hu
---,
Vol J.
DECLARATION OF COVENANTS AND
RESTRICTIONS FOR PUD #2
THE STATE OF TEXAS § 2,
COUNTY OF WILLIAMSON §
, r ,
PAGE
THIS DECLARATION is made by Crystal Park Associates, Ltd., a
California limited partnership, and Crystal Park Apartments,
Ltd., a California limited partnership (together, "Developer").
Developer is the owner of the real property (the "Property")
described in Exhibit "A" to this Declaration and desires to
create thereon a planned unit development pursuant to the City
of Round Rock PUD Ordinance #1203. The planned unit development
shall be known as PUD #2. In connection with the creation of
PUD #2, Developer hereby imposes upon the Property the following
covenants, restrictions, charges, easements and liens, which
shall be covenants running with the land and shall be binding
upon each and every purchaser, grantee, owner, and occupant of
any portion of the Property and upon their respective heirs,
executors, administrators, devisees, successors and assigns.
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. The following terms, when used in
this Declaration, shall have the following meanings:
(a) "Amenities" refers to physical structures placed on or
changes made to the Recreational Area as required in connection
with the creation of PUD #2, which Amenities are described as
First Phase Recreational Area Improvements and Second Phase
Recreational Area Improvements in Article V.
(b) "Annual Maintenance Charge" refers to the maintenance
charge assessed on an annual basis under provisions of Section
4.4.
(c) "The Board" refers to the Board of Directors of the
Association.
(d) "Board Approval" refers to the written approval of a
majority of the members of the Board, acting in its sole
discretion and in the good faith exercise of reasonable business
judgment under the provisions of this Declaration.
(e) "Common Area" shall mean the common areas owned and/or
maintained by the Umbrella Association and/or Interior
Association for the common use and enjoyment of their respective
members.
(f) "Developer" means the Developer and any successor or
assign of Developer to which Developer expressly assigns its
rights under this Declaration.
(g) "Improvements" refers to those physical features and
structures defined as "Improvements" in the Umbrella
Declaration, and excludes the Amenities.
(h) "Interior Association" shall mean the PUD #2 Owners
Association, Inc., a Texas nonprofit association having
jurisdiction over the Property, which Developer shall cause to
be incorporated pursuant to the provisions hereof.
(i) "Maintenance Fund" refers to all funds collected by the
Association from the Annual Maintenance Charge provided for in
Section 4.1.
tirFICIAL RECORDS
kNiliWAMSAN COUNTY, TEXAS
'yot 518 PAGE 512
•
(j) "Member" and/or "Members" refers to all of those Owners
who are members of the Association as provided in Article 3.3.
(k) "Owner" refers to the record owner (whether one or more
persons or entities) of the fee simple title to any portion of
the Property, including, but not limited to, (a) any person or
entity holding legal title as trustee or nominee, (b) the heirs,
legal representatives, successors or assigns of any Owner, and
(c) all other persons, or entities acquiring or succeeding to
the title of the Owner by sale, grant, will, foreclosure,
execution or by operation of law or in any other manner.
"Owner" shall not refer to any mortgagee unless and until the
mortgagee has acquired title.
(1) "Phase" refers to any phase of development of a portion
of the Property, save and except the Recreational Area, as
multi -family housing units. The approximate size and dimensions
of three planned Phases are set forth on the Site Plan. The
exact size and dimensions of each Phase shall be established by
the recording of a subdivision plat executed by Developer and
recorded in the real property records of Williamson County,
Texas.
(m) "Recreational Area" refers to that certain parcel of
land being a portion of the Property described by metes and
bounds in Exhibit "B" attached hereto and made a part hereof and
being shown as Parcel 1 on the Site Plan.
(n) "Site Plan" shall mean the §ite plan for the
development of PUD #2 prepared by 2ct„..46. 4z,v' e and
datedL,t , attached heret as Exhibit "C."
(o) "Sp cial Assessment" refers to any special charge
assessed against the Property for a specific amount, as provided
for in Section 4.5.
(p) "Special Assessment Fund" refers to all funds collected
by the Association from any Special Assessment provided for in
Section 4.5.
(q) "Umbrella Association" shall mean the Crystal Park
Property Owners Association, Inc., its successors and assigns, a
Texas nonprofit corporation which Emkay Development Company,
Inc., et al. has or shall cause to be incorporated as provided
in a Declaration of Covenants and Restrictions for Crystal Park
which has or will be recorded in the Real Property Records of
Williamson County, Texas (the "Umbrella Declaration"), affecting
a certain 140.9687 -acre tract ("Umbrella Tract") described in
Exhibit "D" attached hereto.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 2.1 Description. The Property which is, and shall
be, held, transferred, sold, conveyed and occupied subject to
this Declaration is more particularly described on Exhibit "A"
attached hereto and incorporated herein by this reference.
Section 2.2 Recreational Area Easement. There is hereby
perpetually dedicated, established and set aside for the common
use, benefit and enjoyment of the City of Round Rock a
non-exclusive recreational easement ("Easement") over and across
the Recreational Area for the use and enjoyment of the Amenities
located thereon. Each Owner and each Owner's lessees and
invitees shall have the absolute right in common with the City
of Round Rock to use and enjoy the Amenities subject only to the
restrictions and regulations promulgated under the authority
hereinafter set forth. At such time as the Property is
2
V011548 PAGE 13
subdivided, ownership of the Recreational Area (subject to the
easement herein described) shall be transferred to the
Association.
Section 2.3 Emergency Access Easement. At such time as the
Property is subdivided, a 26' wide emergency access easement
across the first Phase shall be granted to the City of Round
Rock, such easement to be in a form reasonably satisfactory to
the City of Round Rock fire marshall.
ARTICLE III
PUD #2 OWNERS ASSOCIATION, INC.
Section 3.1 Organization. Developer shall cause the
Association to be organized as a nonprofit corporation under the
laws of the State of Texas under the name "PUD #2 Owners
Association, Inc.," or a similar name if that name is not
available.
Section 3.2 Purpose. The Association shall have as its
purpose the development and maintenance of the Recreational
Area, and in connection therewith the collection of the Annual
Maintenance Charges and Special Assessments, administration of
the Maintenance Fund and the Special Assessment Fund, and such
other purposes as are stated in the Articles of Incorporation
consistent with the provisions of this Declaration.
Section 3.3 Members. Each Owner is a Member of the
Association and shall remain a Member until its ownership ceases
for any reason. Each Owner's membership is based upon its
ownership interest in a part of the Property and may not be
separated from that ownership. The transfer of an ownership
interest also transfers that Owner's membership whether or not
the transfer instrument so provides.
Section 3.4 Voting Rights. The Association shall have one
class of voting membership with all Members being entitled to
one vote for each 1000 square feet of the Property in which it
holds the ownership interest required for membership in the
Association. When more than one person holds an interest in any
one parcel of the Property, all those persons shall be Members,
and the vote for that parcel shall be exercised as they
determine among themselves, but only one vote may be cast with
respect to each 1000 square feet of that parcel of Property.
Any Owner who is delinquent in the payment of any fee or
assessment as provided for in Article IV, shall not be entitled
to any vote during any period of delinquency. The area
contained in any street or roadway dedicated for public purposes
shall be excluded in establishing voting rights.
Section 3.5 Board of Directors. The affairs of the
Association shall be managed by a Board of not less than three
(3) Directors, who need not be Members of the Association. The
initial Directors of the Association shall be selected by
Developer, and two members of the Board of Directors shall be
elected for a period of two (2) years and one member of the
Board of Directors shall be elected for a period of one year,
and shall hold office until their successors are duly elected
and qualified. At each annual meeting thereafter, the Members
of the Association shall elect such members of the Board of
Directors for a term of two (2) years, for the position of
Director then open for election.
Any vacancy, from whatever cause, occurring in the Board
shall be filled by the majority vote of the remaining
Directors. The person so appointed to fill a vacancy shall
serve for the remainder of the term of the position that person
filled, and thereafter until a successor is duly elected and
qualified. Directors shall receive no compensation for their
3
voi 1548 PAGE 514
services, but, by resolution of the Board, a Director may be
reimbursed for reasonable expenses and costs incurred in serving
as a Director. The Board shall have the power to enact any
rules, bylaws, procedures and regulations consistent with the
provisions of this Declaration, including, but not limited to,
the election of a Chairman, delegation of powers, election of
committees and establishment of rules of procedures, in order to
carry out the business of the Board.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 4.1 The Maintenance Fund. All funds collected from
the Annual Maintenance Charge shall be known as the "Maintenance
Fund." The Maintenance Fund shall be held, used and expended by
the Association for the common benefit of all Members for the
following purposes:
(a) The maintenance, preservation and general upkeep of the
Recreational Area and the Amenities and the construction,
repair, maintenance and replacement of properties, services,
improvements and facilities devoted to those purposes;
(b) The reimbursement of reasonable out-of-pocket expenses
incurred by the Directors, in connection with this Declaration;
(c) Payment of legal, accounting, engineering and other
expenses incurred in connection with the enforcement of this
Declaration;
(d) Payment of all reasonable expenses incurred in
connection with the collection and administration of the Annual
Maintenance Charge and any Special Assessment; and
(e) Any such other non -capital items of expense as are
determined to be necessary or desirable in the discretion of the
Association to keep the Recreational Area neat and in good
order, or which are considered of general benefit to the
Members, it being understood that the judgment of the
Association in the expenditure of funds shall be final and
conclusive so long as its judgment is exercised in good faith.
The Association may, in its sole discretion, give one or
more of these purposes preference over other purposes, and it is
agreed that all expenses incurred and all expenditures and
decisions made by the Association in good faith shall be binding
and conclusive on all Members.
Section 4.2 Covenant for Assessments. Subject to the
provisions set forth below in this Section 4.2 and in Section
4.3, each square foot of the Property (exclusive of those
portions contained within a publicly dedicated street or roadway
or within any Common Area) is hereby subjected to (i) the Annual
Maintenance Charge, in an amount to be fixed by the Association
as hereinafter provided, and (ii) Special Assessments as
provided for (and subject to the conditions and limitations
provided for) in Section 4.5. The Association shall for each
year set the Annual Maintenance Charge at an amount estimated by
the Association to be required to cover the cost and
expenditures authorized in Section 4.1.
Each Owner of any portion of the Property by accepting a
deed, possession or other claim to any of the Property, whether
or not expressed in any deed or other instrument, is
conclusively deemed to covenant and agree, as a covenant running
with the land, to pay to the Association, its successors or
assigns, each and all of the charges assessed against that
portion of the Property, including without limitation the Annual
Maintenance Charge and any Special Assessments, when due,
without demand, together with interest, costs and attorney's
4
voi 1548 PAGE 5
fees; but no Member shall be personally liable for the payment
of any Annual Maintenance Charge or Special Assessment set after
its ownership ceases. No Member shall be exempt or excused from
paying any such charges by abandonment of its property.
Section 4.3 Portions of the Property Owned by Developer.
As to all portions of the Property owned by Developer, Developer
shall have the option, exercisable by Developer in its sole
discretion at any time during its period of ownership, and in
lieu of the Annual Maintenance Charge and Special Assessments
imposed or to be imposed under this Article IV, to comply with
either of the following provisions:
(a) To contribute to the Association the amount, if any, by
which the proper expenses of the Association exceed the funds
budgeted by the Association for those expenses, as such
contributions are required from time to time; or
(b) To pay the full amount of the then existing Annual
Maintenance Charge and any Special Assessments imposed or to be
imposed under this Article IV, applicable to each square foot of
the Property owned by Developer (exclusive of those portions of
the Property contained within a publicly dedicated street or
roadway or within any Common Area or any green area established
by Developer pursuant to the Umbrella Declaration), in monthly,
quarterly, semi-annual or annual installments as Developer shall
in its sole discretion determine. All Owners other than
Developer shall be obligated to pay the full amount of the
Annual Maintenance Charge and any Special Assessments as
provided for in this Declaration.
Section 4.4 The Annual Maintenance Charge. The Annual
Maintenance Charge shall begin on the date (which shall be the
first day of a month) fixed by the Board. The first assessment
of the Annual Maintenance Charge shall be made not earlier than
1000 and shall be for the balance of the calendar year in which
it is made and shall be payable to the Association on the day
fixed for commencement, or in equal monthly, quarterly or
semi-annual installments over the balance of the year, as
determined by the Board in its sole discretion. The assessments
for each calendar year after the first year shall be due and
payable to the Association in advance of January 1 of each year,
or in equal monthly, quarterly or semi-annual installments, as
determined by the Board in its sole discretion.
The Board may decrease or increase the amount of the Annual
Maintenance Charge at any time and from time to time by the
adoption of a resolution, but no resolution increasing the
Annual Maintenance Charge shall become effective prior to the
expiration of ninety (90) days from the date of its adoption,
and each Owner subject to that assessment shall, within thirty
(30) days from that effective date, pay to the Association the
proportionate part of the increase for the balance of the year.
No resolution of the Board increasing the rate of the Annual
Maintenance Charge by ten percent (10%) or more shall become
effective until the resolution is ratified either (i) by the
written consent of the Members of the Association who in the
aggregate then own at least fifty-one percent (51%) of the
Property, if no meeting of the Members is held for ratification,
or (ii) by the consent of at least fifty-one percent (51%) of
the votes of the Members of the Association who are present and
voting in person or by proxy at a special meeting of the Members
called for that purpose and at which a quorum is present. No
increase in the Annual Maintenance Charge shall take effect
retroactively, and no more than one increase in the Annual
Maintenance Charge shall be permitted in any twelve (12) month
period, unless approved by a majority of the Members.
If any resolution of the Board which required ratification
by the Members of the Association as provided above in this
Section 4.4 shall fail to receive ratification, then the amount
5
VOi 1548 PAGE 5
of the Annual Maintenance Charge last in effect shall continue
in effect until changed in accordance with the provisions of
this Section 4.4.
The Board may decrease the amount of the Annual Maintenance
Charge without ratification by or consent of the Members of the
Association.
Section 4.5 Special Assessments. From time to time the
Board may by the adoption of a resolution impose a Special
Assessment for a specific amount, to create a Special Assessment
Fund to be used for any purpose permitted under Section 4.1 or
to defray any net operating deficit of the Association incurred
in the normal, ordinary and proper course of operation of the
Association; provided, however, that before the resolution
becomes effective it shall be ratified either (i) by the consent
in writing of the Members of the Association who in the
aggregate then own at least fifty-one percent (51%) of the
Property, if no meeting of the Members is held for ratification,
or (ii) by the consent of at least fifty-one percent (51%) of
the votes of the Members of the Association who are present and
voting in person or by proxy at a special meeting of the Members
called for that purpose and at which a quorum is present. The
Owner of each portion of the Property subject to a Special
Assessment shall pay its portion of the Special Assessment to
the Association at such time or times and in the manner as
provided in the resolution. Notwithstanding anything contained
in this Section 4.5 to the contrary, all portions of the
Property owned by Developer shall be subject to the provisions
of Section 4.3, as to the imposition of any Special Assessments.
Section 4.6 Notice and Quorum for Any Action Authorized
Under Articles 4.4 or 4.5. Written notice of any meeting called
for the purpose of taking any action authorized under Section
4.4 or 4.5 shall be sent to all Owners not less than ten (10)
days nor more than fifty (50) days in advance of the meeting.
At the first meeting, the presence of the Members or of proxies
entitled to cast (60%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is
not present the meeting may be adjourned for up to 24 hours
until a quorum is present or another meeting may be called
subject to the same notice requirement. The quorum requirement
for each subsequent meeting called for such purposes shall be
one-half of the required quorum for the preceding meeting,
provided that no subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
Section 4.7 Duties of the Board Regarding Special
Assessments. The Board shall fix the date of commencement of
each Special Assessment and the amount of the Special Assessment
against the Property for each Special Assessment period at least
thirty (30) days in advance and shall, at that time, prepare a
roster of the applicable Owners. The roster shall be kept in
the office of the Association and shall be open to inspection by
Developer and any Owner. Written notice of the Special
Assessment shall be sent to every Owner subject to a Special
Assessment at least thirty (30) days prior to the date of
commencement of the Special Assessment. The Association shall,
upon demand at any time, furnish to any Owner liable for any
Special Assessment a certificate in writing signed by an officer
of the Association, setting forth whether the Special Assessment
has been paid, which shall be conclusive evidence of payment.
Section 4.8 Liens to Secure Assessments. The Annual
Maintenance Charge and any Special Assessments shall constitute
and be secured by a separate, valid and subsisting lien, hereby
created and fixed, and shall exist upon and against all of the
Property and all improvements thereon, for the benefit of the
Association and all Members. So long as the Association is made
a party to any judicial proceeding to enforce any lien deemed to
be superior by this Section 4.8, the lien hereby created shall
be subordinate and inferior to:
6
8 PAGE 517
(a) All liens for taxes or special assessments levied by
the city, county and state governments, or any political
subdivision or special district; and
(b) All liens securing amounts due or to become due under
any mortgage, vendor's lien or deed of trust filed for record,
prior to the date payment of any charges or assessments becomes
due and payable. Any foreclosure of any superior lien under the
powers of sale of any mortgage, deed of trust or other security
instrument, or through judicial proceedings in which the
Association has been made a party, shall cut off and extinguish
the liens securing Annual Maintenance Charges and any Special
Assessments which became due and payable prior to the
foreclosure date, but no such foreclosure shall release any
portion of the Property from the liens securing any Annual
Maintenance Charges or Special Assessments thereafter becoming
due and payable, nor shall the liability of any Member obligated
to pay such Annual Maintenance Charge or Special Assessment
which become due and payable prior to such foreclosure be
extinguished by any foreclosure. Any foreclosure of any such
superior lien through judicial proceedings in which the
Association has not been made a party shall not cut off or
extinguish any lien securing Annual Maintenance Charges or
Special Assessments which became due and payable prior to the
foreclosure date of the superior lien.
Section 4.9 Effect of Non -Payment of Assessment. If any
Annual Maintenance Charge or Special Assessment is not paid
within thirty (30) days from the date on which the charge is
due, the unpaid amount shall bear interest from the due date
until paid at the maximum rate allowed under applicable law (or,
if there is no maximum rate, at the rate of twenty-four percent
(24%) per annum), and, if any attorney is employed for
collection or if suit is brought thereon or if collected through
probate or other judicial proceedings, there shall be paid to
the Association all court costs incurred by the Association plus
an additional reasonable amount, but not less than ten percent
(10%) of the amount owing, as attorney's fees. The Association,
as an expense of all Members, may institute and maintain an
action at law or in equity against any defaulting Member to
enforce collection and/or for judicial or nonjudicial
foreclosure of the liens. All actions may be instituted and
brought in the name of the Association and may be maintained by
the Association in the same manner as an action to foreclose the
lien of a mortgage or deed of trust on real property under the
Texas Property Code or other applicable statute.
Section 4.10 Collection and Enforcement. Each Member, by
its assertion of title or claim of ownership or possession or by
its acceptance of a deed to any portion of the Property, whether
or not it shall be so recited in a deed or other instrument,
shall be conclusively deemed to have expressly vested in the
Association, its officers, agents, successors and assigns, the
right, power, and authority to take all action which the
Association shall deem proper for the collection of assessments
and/or for the enforcement and foreclosure of the liens securing
the assessments.
Section 4.11 Financial Statements; Right to Inspect Books
and Records. The Association shall, not later than 120 days
after the end of each fiscal year, furnish to each Member
financial statements including a balance sheet as of the end of
such year and a statement of operations. The financial
statements may, but need not be, audited. Any Members shall
have the right, during regular business hours and upon
reasonable notice, at its own cost, to inspect the books and
records of the Association at the office the Association.
7
VO[15/18PAGE513
Section 4.12 Allocation and Expenditure of Maintenance
Fund. The judgment of the Association, its successors and
assigns, in the allocation and expenditure of the Maintenance
Fund shall be final as long as its judgment is exercised in good
faith. If the Association acts in good faith, none of the
Members of the Association, the Board, or any Director, shall
have any liability to any person or entity under any theory or
circumstance for error or judgment, action or inaction of the
Association, the Board, or any Director. The enumeration of the
services for which the Maintenance Fund may be expended carries
no obligation to furnish any of those services except to the
extent of funds actually received by the Association and which
are available for that purpose.
ARTICLE V
RECREATIONAL AREA
Section 5.1 First Phase. The City of Round Rock, Texas
("City") has approved the Association's plans for the planting
of fescue grass as a sports field on the Recreational Area and
the installation of five (5) picnic tables and five (5) barbeque
pits ("First Phase Recreational Area Improvements"). The First
Phase Recreational Area Improvements shall be completed in
connection with construction of the improvements on the first
Phase of the Property to be developed.
Section 5.2 Second Phase. The City has approved the
Association's plans for the installation of five (5) additional
picnic tables and five (5) additional barbeque pits and the
construction of a jogging trail on the Recreational Area
("Second Phase Recreational Area Improvements"). The Second
Phase Recreational Area Improvements shall be completed in
connection with construction of the improvements on the second
Phase of the Property to be developed.
Section 5.3 Maintenance. The vegetation of the
Recreational Area shall be preserved in its natural state to the
greatest extent reasonably possible, consistent with development
of the Amenities. The Amenities shall be maintained in a good
condition by the Association, which shall include grooming of
the fescue grass.
ARTICLE VI
GENERAL PROVISIONS
Section 6.1 Term. This Declaration shall run with and bind
the land, and shall inure to the benefit of and be enforceable
by Developer, the Owner or Owners of any land subject to this
Declaration, and their respective heirs, legal representatives,
successors and assigns, for an initial term commencing on the
effective date hereof and ending twenty (20) years thereafter.
During this initial term this Declaration may be altered,
amended or terminated only by an instrument signed by the then
Owners of at least eighty percent (80%) of the total square foot
area of the Property (exclusive of those portions of the
Property contained within a publicly dedicated street or roadway
or within any Common Area or any green area established by
Developer) and recorded in the real property records of
Williamson County, Texas. Upon the expiration of such initial
term, this Declaration shall be automatically extended for
successive periods of ten (10) years, unless terminated as
provided in this Section 6.1. During any ten (10) year
extension period, this Declaration may be altered, amended or
terminated only by an instrument signed by the then Owners of at
least sixty-five percent (65%) of the total square foot area of
the Property (exclusive of those portions of the Property
contained within a publicly dedicated street or roadway or
within any Common Area or any green area established by
Developer) and recorded in the real property records of
Williamson County, Texas.
8
VOL.1548 PAGE 51.9
Section 6.2 Enforcement. Developer or any Owner shall have
the right to enforce, by proceedings at law or in equity, all
restrictions, covenants, conditions, reservation, liens,
charges, assessments and all other provisions in this
Declaration; provided, however, that the failure or refusal of
Developer or any Owner to take any action upon a breach of the
provisions of this Declaration by any Owner shall not make them,
or any of them, liable in any manner. Failure or refusal of
Developer or any Owner to take any action upon any breach or
default of or in respect to any of the foregoing shall not be
deemed a waiver of their right to take enforcement action upon
any subsequent breach or default by any Owner.
Section 6.3 Amendments by Developer. Developer shall have
and reserves the right at any time and from time to time,
without the joinder or consent of any other person or entity to
amend this Declaration by any instrument in writing duly signed,
acknowledged and filed for record in the real property records
of Williamson County, Texas for the limited purpose of
correcting any typographical or grammatical error, ambiguity or
inconsistency appearing herein, provided that any such amendment
shall be consistent with and in furtherance of the general plan
of development as evidenced by this Declaration and shall not
impair or affect the vested property or other rights of any
Owner or its mortgagee or lienholders.
Section 6.4 Indemnification by Owner. Each Owner agrees to
indemnify and hold harmless Developer, its partners,
representatives, agents, officers, directors, employees,
successors, and assigns from and against any and all claims,
demands, causes of action, losses, liabilities, accountings,
judgments, awards, executions, costs and expenses, including,
but not limited to, reasonable attorney's fees, incurred in or
arising directly or indirectly, in whole or •in part, out of this
Declaration and the promotion, sale, subdivision, improvement,
development, platting or replatting of all or any portion of the
Property.
Section 6.5 Indemnification by City. The City hereby
indemnifies and holds harmless Developer, each Owner, and the
Association, their representatives, agents, officers, directors,
employees, successors, and assigns from and against any and all
claims, demands, causes of action, losses, liabilities,
accountings, judgments, awards, executions, costs and expenses,
including, but not limited to, reasonable attorney's fees,
incurred in connection with or arising directly or indirectly,
in whole or in part, out of the use by the City or the public of
the Recreational Area.
Section 6.6 Interpretation. If this Declaration or any
word, clause, sentence, paragraph or other part thereof shall be
susceptible of more than one or conflicting interpretations,
then the interpretation which is most nearly in accordance with
the general purposes and objectives of this Declaration shall
govern.
Section 6.7 Notices. Any notice required to be sent to any
Owner, Developer, the Association or other person or entity
under the provisions of this Declaration shall be deemed to have
been properly sent when mailed, postage prepaid, to the last
known address of such person or entity at the time of such
mailing.
Section 6.8 Terminology. Any reference to an "Article" or
a "Section" in this Declaration shall be to provisions in this
Declaration, unless expressly provided to the contrary.
Section 6.9 Severability. Invalidation of any one or more
of the covenants, restrictions, conditions or provisions
contained in this Declaration shall in no manner affect any of
9
voi 1548 PAGE 520
the other covenants, restrictions, conditions or provisions of
this Declaration, which shall remain in full force and effect,
and to the fullest extent possible effect shall be given to the
invalidated provision.
Section 6.10 Construction. This Declaration shall be
construed in accordance with the laws of the State of Texas.
Section 6.11 Headings. The headings contained in this
Declaration are for reference purposes only and shall not in any
way affect the meaning or interpretation thereof.
Section 6.12 Consent of Lienholders. Emkay Development
Company, Inc., a Nevada corporation, by joining herein, hereby:
(a) Consents for itself and its respective successors and
assigns, to this Declaration, and
(b) Agrees that, notwithstanding any foreclosure of any of
his or its liens or other encumbrances affecting all or any part
of the Property, whether those liens or other encumbrances now
exist or are hereafter created, or any conveyance in lieu of a
foreclosure, this Declaration and all rights herein described
shall continue unabated, in full force and effect. Although the
undersigned lienholder has subordinated its liens to this
Declaration, the lienholder has in no way subordinated its liens
to any liens securing the Annual Maintenance Charges, or Special
Assessments, or to any liens securing payment for work performed
by the Association.
Section 6.13 Umbrella Association. The Property is
included within the Umbrella Tract, which is subject to the
Umbrella Declaration. The Umbrella Declaration governs the use
of the Umbrella Tract, and apportions and assesses all expenses
of operation and maintenance of the Improvements. The
assessments provided for in this Declaration for the Amenities
shall be collected and paid to the Interior Association separate
and apart from any assessments for Improvements collected by and
paid to the Umbrella Association. This Declaration is expressly
subordinate to the terms of the Umbrella Declaration, whether
the Umbrella Declaration is recorded before or after the
recording of this Declaration.
Section 6.14 Parking. Development of the Phases must
comply with parking requirements of the City of Round Rock
Zoning Ordinance, including the definitions of apartment sizes,
with the exception that parking may be provided at the following
standards:
(a) 1.5 stalls for each one -bedroom unit; and
(b) 2 stalls for each two-bedroom unit.
Section 6.15 Flood Plain. No filling of any portion of
the 100 -year flood plain shall occur without prior written
approval of the City of Round Rock flood plain administrator.
IN WITNESS WHEREOF, Developer has executed this Declaration
to be effective this 19thday of January , 1987.
DEVELOPER:
CRYSTAL PARK ASSOCIATES, LTD.,
a California limited partnership
By: Emkay Development Company,
Inc., a Nevada corporation,
managing general partner
By:
Name:Emil J. Rothlisberger
Assistant Secretary
10
vel 1548 PACE 521
CRYSTAL PARK APARTMENTS, LTD.,
a California limited partnership
By: Emkay Development Company,
Inc., a Nevada corporation,
managing general partner
By:
144U-41- Emil Rothlisberger
Title: Area Manager
LIENHOLDERS:
EMKAY DEVELOPMENT COMPANY, INC.,
a Nevada corporation
By:
Emil Rothlisberger
Tit le: Area Manager
CITY OF ROUND ROCK
By: if
Name: /Mite AWW,Imit
Title: In ye:4e
THE STATE OF COLORADO §
COUNTY OF aitaioez-,64--
his instrument was ac now„ledged before me on the day
of (
, , 1987, by 14‹e-,, a:4. -e- ,dee-te27i,,ty of Emk ay
Devdlopment Company, Inc., a Nelada corporation,' ,'managing
general partner of Crystal Park Associates, Ltd., a„\''4711.:04).ia,
limited partnership, on behalf of
. , , 40
THE STATE OF COLORADO
COUNTY OF
§
•
Notary
2 December 1987
Date Commission Expires
his instrument was acknow dged before me on the / day
1987, by 6''Z'4,e, 64,44-ftpti, 4-eejez-e-A:tei of Emkay
of a-,
Dev1opment Company, Inc., a Nelada corporation, managing
general partner of Crystal Park Apartments, Ltd., a California
limited partnership, on behalf of said partnership
*()
Notary Pubic, State of C1
Boni G. Holt
(Name - Typed or Printed)
2 December 1987
Date Commission Expires':!,-.
11
V OE 1548 pAGE 522
THE STATE OF COLORADO §
COUNTY OF
*
of (T is instrument was acknowledged before me on the /,$P day
1987, by4eg , zga,ae,
of gmkay evelopment Company, Inc., a' Nevada corporatl*ii
behalf of said corporation.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
Notary Pu lic, State, cfC?
rrado
Boni G. Holt ca°
(Name — Typed or Printed).
2 December 1987
Date Commission Expires
his instrument was acknowledged before me on the AP day
of 0 1987, by 01)/CE A708,W56A/ , AlhOreve
4
of e City' of Round Rock, a municipal corporation, on behalf of
said corporation.
56980
12
jeckeL WA
Notary Public, State of Texas
laD00j-)
(Name - Typed or Printed)
cs
Date Commission Expires
EXHIBIT,"
CRYSTAL PARK (PROPOSED)
2036 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
,o, 1548[523
FN 0039 (MB)
NOVEMBER 11, 1985
EH&A JOB. NO. 6786-08
A DESCRIPTION OF A 20.36 ACRE TRACT OF LAND OUT OF THE
DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON
COUNTY, TEXAS, THE SAID 20.36 ACRE TRACT BEING A PORTION OF THAT
CERTAIN 140.67 ACRE TRACT OF LAND AS DESCRIBED IN DEEDS TO EMKAY
DEVELOPMENT INC., OF RECORD IN VOLUME 1047 PAGE 721, VOLUME 1047
PAGE 701 AND VOLUME 953 PAGE 601 OF THE DEED RECORDS OF
•
WILLIAMSON COUNTY, TEXAS THE SAID 20.36 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found for the most northeasterly corner of the
said 140.67 acre tract, being the most northeasterly corner hereof;
THENCE with an east line of the said 140.67 acre tract, being an east line
hereof, the following two (2) courses:
1. S18°27-22"
2. S 18°-35'-32"
inside corner
hereof;
E, a distance of 374.50 feet to an iron rod found, and
E, a distance of 256.11 feet to an iron rod found for an
of the said 140.67 acre tract, being an inside corner
THENCE with a north line of the said 140.67 acre tract, being a north line
hereof, N 71°-35=46' E, a distance of 401.04 feet to an iron rod found for an
easterly corner of the said 140.67 acre tract, being an easterly corner hereof;
THENCE with the most easterly line of the said 140.67 acre tract, beim
the most easterly line hereof, S 18°-13'-15" E,471.77g
a point in the most easterly line of the sai140.67 acre tract iron rod found for
corner hereof; for the southeast
EI CE departing the most easterly line of the said 140.67 acre tract
and over and across the said 140.67 acre tract the following seven (7) courses and
distances:
1. S 71 -33'-15* W, a distance of 61025 feet to an iron rod found,
2. A distance of 9.31 feet with the arc of a curve to the left having a
central angle of 0°-15 -32", a radius of 2060.00 feet, and a chord
bearing of S 71°-25'-29" W, a distance of 9.31 feet to an iron rod
found for a point of reverse curvature,
3. A distance of 37.75 fet with the arc of a curve to the right having
a central angle of 86°-3V-09", a radius of
25.00 feet, and a chord
bearing of N 65°-26'-43" W, a distance of 34.27 feet to a point of
reverse curvature,
4. A distance of 364.07 feet with the arc of a curve to the left having
a central angle of 48°-30'-37", a radius of 430.00 feet, and a chord
bearing of N 46°-26'-27" W, a distance of 353.29 feet to an iron rod
found for a point of tangency,
5. N 70°-41'-45" W, a distance of 509.54 feet to an iron rod found for a
point of curvature,
IOW
6. A distance of 160.14 feet with the arc of a curve to the left having
a central angle of 21 -20'-17", a radius of 430.00 feet and a chord
bearing of N 81 - 21-5Z" W, a distance of 159.22 feet to an iron rod
set for point on the curve, and
7. N 03°-07'-27" W, a distance of 395.61 feet to an iron rod found on
the north line of the said 140.67 acre tract for the northwest corner
hereof;
v ot 13
8 PAGE 524-
nRYSTAL PARK (PROPOSED)
20.36 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
FN 0039 (MB)
NOVEMBER 11, 1985
EH&A JOB. NO. 6786-08
THENCE with the north line of the said 140.67 acre tract, being the north
line hereof, the following two (2) courses and distances:
1. N 72°121-50" E, a distance of 106.81 feet to an iron rod found,
2. N 71°-21'41. E, a distance of 743.85 feet to the POINT OF
BEGINNING, containing 20.36 acres of land, more or less.
THE STATE OF TEXAS :
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS :
That 1, Lawrence A. Hunt, a Registered Public Surveyor, do hereby certify
that the above description was prepared from an on the ground survey under n3y
direction and supervision and is true and correct to the best of my knowledge:
WITNESS MY HAND AND SEAL AT Austin, Travis County, Texas this the
day of 14/0// 1985, A.D.
dcf.. 1.C?)114N'
......
co..•
*:
LAWRENCE A. HUNT
STATE OF TEXAS COUNTY OF WILLIAMSON
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me, on
COUNTY CLERK('
WLiJAMSON COUNTY, TEXAF
_49
awrence A: Hunt
Registered Public Surveyor
No. 4328 - State of Texas
•
VOL1660PAGE.050
13486
BYLAWS OF
PUD #2 OWNERS ASSOCIATION, INC.
The name of the organization shall be the PUD #2 Owners
Association, Inc. ("Association").
ARTICLE I
OBJECT
1. The purpose for which this non-profit corporation has
been formed is to develop and maintain the Recreational Area [as
defined in that certain Declaration of Covenants and
Restrictions for PUD #2 (the "Declaration"), said Declaration
being incorporated herein for all purposes] created in
connection with the formation of PUD #2, a planned unit
development established pursuant to City of Round Rock Ordinance
#1203, and imposed on that certain tract of land (the
"Property") situated in Williamson County, Texas, more fully
described in the Declaration.
2. All present or future Owners, tenants, future tenants,
or any other person that might use the Recreational Area of PUD
#2 in any manner, are subject to the regulations set forth in
these Bylaws. The mere acquisition, occupancy or rental of any
of the real property in PUD #2 will signify that these Bylaws
are accepted and ratified and that the Owner, tenant or occupant
thereof will comply with the terms and provisions hereof.
3. Unless otherwise expressly provided herein, all terms
used herein shall have the same meaning as those terms have in
the Declaration.
ARTICLE II
MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES
1. Membership. Each record owner ("Owner"), whether one
or more persons or entities, of fee simple title to any part of
the Property shall automatically become a member of the
Association and be subject to these Bylaws. Membership in the
Association shall terminate without any formal Association
action whenever such person or entity ceases to own an interest
in the Property, but such termination shall not relieve or
release any such former Owner from any liability or obligation
incurred under or in any way connected with the Association
during the period of such ownership and membership, or impair
any rights or remedies which the Board of Directors of the
Association or others may have against such former Owner and
member arising out of or in any way connected with such
ownership and membership and the covenants and obligations
incident thereto. No certificates of stock shall be issued by
the Association, but the Board of Directors may, if it so
elects, issue one membership card to the Owner(s) of a fee
interest in the Property. Such membership card shall be
surrendered to the Secretary whenever ownership of a fee
interest in the Property as designated thereon shall terminate.
2. Voting. The Owner of a fee interest in the Property
shall be entitled to one vote, for each 1000 square feet of the
Property in which it holds an ownership interest required for
membership in the Association. When more than one person or
entity holds a fee interest in a portion of the Property, all
such persons may exercise the voting power granted herein as
they among themselves determine, but in no event shall more than
one vote be counted with respect to each 1000 square feet of
Property. Cumulative voting is prohibited.
3. Majority of Owners. As used in these Bylaws, the term
"majority of Owners" shall mean those Owners representing more
than fifty percent (50%) of the total value of all of the
interests in the Property.
OFFICIAL1 RECORDS'
WILLIAMSON COUNTY, TEXAS
70L 1660PAGE051
4. Quorum. Except as otherwise provided in these Bylaws,
the presence in person or by proxy of Owners representing more
than ten percent (10%) of the total value of all of the
interests in the Property constitute a quorum. Except as
otherwise provided in the Declaration or these Bylaws, when a
quorum of Owners is present at any meeting, a vote representing
more than fifty percent (50%) of the value of the ownership
interests represented at the meeting, either in person or by
proxy, shall be sufficient to either defeat or approve any
proposed action.
5. Proxies. Votes may be cast in person or by proxy. All
proxies shall be in writing and filed with the Secretary at or
before the appointed time of each meeting.
ARTICLE III
ADMINISTRATION
1. Association Responsibilities. The Owners have the
responsibility of developing and maintaining the Recreational
Area through its Board of Directors.
2. Place of Meetings. Meetings of the Association shall
be held at such place as the Board of Directors may determine.
3. Annual Meeting. The first annual meeting of the
Association shall be held within thirty (30) days after the sale
by Declarant of a portion of the Property. Thereafter, the
annual meetings of the Association shall be held on the first
Monday of December of each succeeding year. At such meetings
there shall be elected by ballot of the Owners a Board of
Directors in accordance with the requirements of paragraph 5 of
Article IV of these Bylaws. The Owners may also transact such
other business of the Association as may properly come before
them.
4. Special Meetings. The President may call a special
meeting of the Owners if the President so desires. In addition,
it shall be the duty of the President to call a special meeting
of the Owners as directed by resolution of the Board of
Directors or upon a petition signed by a majority of the Owners
and having been presented to the Secretary. The notice of any
special meeting shall state the time and place of such meeting
and the purpose thereof. No business shall be transacted at a
special meeting except as stated in the notice unless by consent
of the Owners representing at least two-thirds (2/3) of the
total value of all of the ownership interests present, either in
person or by proxy.
5. Notice of Meetings. It shall be the duty of the
Secretary to mail or deliver in person a notice of each annual
or special meeting, stating the purpose thereof as well as the
time and place where it is to be held, to each Owner of record,
at least ten (10) but not more than fifty (50) days prior to
such meeting. The mailing of a notice in the manner provided in
this paragraph shall be considered notice served.
6. Order of Business. The order of business at all
meetings of the Owners of Units shall be as follows:
(a) Roll call and certifying proxies. (b) Proof of
notice of meeting or waiver of notice. (c) Reading of
minutes of preceding meeting. (d) Reports of
officers. (e) Reports of committees. (f) Election of
directors. (g) Unfinished business. (h) New business.
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VOL1660PAGE052
ARTICLE IV
BOARD OF DIRECTORS
1. Number and Qualification. The affairs of this
Association shall be governed by a Board of Directors composed
of three (3) persons. The following persons shall act in such
capacity and shall manage the affairs of the Association until
the first annual meeting of the Association, or until they
resign and their successors are elected, whichever occurs first,
to wit: Gregory E. Crouch, Emil Rothlisberger, and Gary L.
Cheek.
2. Powers and Duties. The Board of Directors shall have
the powers and duties necessary for the administration of the
affairs of the Association and for the development and
maintenance of the Recreational Area. The Board of Directors
may do all such acts and things as are not by these Bylaws, the
Articles of Incorporation or the Declaration directed to be
exercised and done by the Owners. In addition to the express
powers and duties of the Board of Directors granted in these
Bylaws, the Articles of Incorporation and the Declaration, the
Board of Directors shall, unless expressly prohibited by these
Bylaws, the Articles of Incorporation or the Declaration, have
all powers and authority granted to boards of directors of
non-profit corporations organized under the laws of the State of
Texas.
3. Other Powers and Duties. The Board of Directors shall
additionally be empowered and shall have the duties as follows:
(a) To administer and enforce the covenants,
conditions, restrictions, uses, limitations,
obligations, and all other provisions as set forth in
the Declaration, by suit or otherwise.
(b) To prepare a budget for the Association, and to
fix, determine, levy and collect the monthly
Assessments to be paid by each of the Owners towards
the gross expenses of the Recreational Area and by
majority vote of the Board to adjust, decrease or
increase the amount of the monthly Assessments.
(c) To fix, determine, levy and collect in accordance
with the Declaration the Special Assessments to be
paid by each of the Owners.
(d) To collect delinquent Assessments by suit or
otherwise and to enjoin or seek damages from an Owner
as is provided in the Declaration and these Bylaws.
(e) To protect and defend the entire premises from
loss and damage by suit or otherwise.
(f) To borrow funds in order to pay for any
expenditure or outlay required pursuant to the
authority granted by the provisions of the
Declaration, the Articles of Incorporation and these
Bylaws; to pledge or otherwise grant a security
interest in the Association's Assessments to secure
such indebtedness; and to execute all such instruments
evidencing such indebtedness as the Board of Directors
may deem necessary or appropriate. Such indebtedness
shall be the several obligation of all of the Owners
in the same proportion as their interest in the
Property.
(g) To enter into contracts within the scope of their
duties and powers.
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7OL1660PAGE053
(h) To establish one or more bank accounts, savings
accounts or other investment accounts for the common
treasury and for all separate funds which are required
or may be deemed advisable by the Board of Directors.
(i) To keep and maintain full and accurate books and
records showing all of the receipts, expenses or
disbursements and to permit examination thereof at any
reasonable time by each of the Owners and by holders,
insurers and guarantors of first Mortgages on the
Property, and to cause a complete audit of the books
and accounts by an auditor not associated with PUD #2
at least once each fiscal year.
(j) To annually prepare and deliver upon request to
each Owner and each holder, insurer or guarantor of a
first Mortgage a statement summarizing all receipts,
expenses or disbursements since the last such
statement.
(k) To meet at least once each year.
(1) To designate and employ the personnel necessary
for the maintenance and operation of the Recreational
Area and of the business of the Association.
(m) In general, to carry on the administration of
this Association and to do all of those things,
necessary and reasonable for the development and
maintenance of the Recreational Area.
4. Delegation of Powers - Managing Agent. Notwithstanding
anything herein to the contrary, the Board of Directors may
delegate any of its powers, duties or functions to a Managing
Agent. The members of the Board of Directors shall not be
liable for any omission or improper exercise by the Managing
Agent of any such duty, power or function so delegated by
written instrument executed by a majority of the Board of
Directors. The Managing Agent, if any, shall be employed by the
Association at a compensation to be established by the Board
based upon the services, duties, and functions to be performed
by the Managing Agent. Any such contract executed before
control has passed from Declarant to the Association shall
include a right of termination without cause and may not, with
respect to such right of termination, require payment of a
penalty or advance notice of more than 90 days.
5. Election and Term of Office. At the first annual
meeting of the Association the Owners shall elect two (2)
members of the Board of Directors for a term of two years and
one (1) member of the Board of Directors for a term of one
year. At each annual meeting thereafter, the Association shall
elect such members of the Board of Directors for a term of two
(2) years, as vacancies occur by expiration of any Director's
term of office. The three (3) persons acting as the original
Directors shall hold office until their successors have been
elected and shall hold their first meeting pursuant to the terms
and provisions of these Bylaws and the Declaration.
6. Vacancies. Vacancies on the Board of Directors caused
by any reason other than the removal of a Director by a vote of
the Association shall be filled by vote of the majority of the
remaining Directors, even though they may constitute less than a
quorum; and each person so elected shall be appointed as a
Director until the next annual meeting of the Association at
which meeting his or her appointment shall be ratified or a
successor shall be elected to serve the remaining term of his or
her predecessor.
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VOL 1660PAGE054
7. Removal of Directors. At any regular or special
meeting duly called, any one or more of the Directors may be
removed with or without cause by a majority of the quorum
present, and a successor may then and there be elected to fill
the vacancy thus created. If the vacancy is not then and there
filled, it may be filled at any regular or special meeting
called for the purpose, but in any event, such vacancy shall be
filled at the next annual meeting of the Association. Any
Director whose removal has been proposed by the Owners shall be
given an opportunity to be heard at the meeting.
8. Organizational Meeting. The first meeting of a newly
elected Board of Directors shall be held within ten (10) days of
election at such place as shall be fixed by the Directors at the
meeting at which such Directors were elected, and no notice
shall be necessary to the Board of Directors in order legally to
constitute such meeting, provided a majority of the whole Board
shall be present.
9. Nomination. Nomination for election to the Board of
Directors shall be made by a nominating committee which shall
consist of a chairman who shall be a member of the Board and two
or more Owners, who shall have been appointed by the Board of
Directors prior to each annual meeting to serve from the close
of each annual meeting until the close of the next annual
meeting, and such appointment shall be announced at each annual
meeting. Should a vacancy on the nominating committee occur
during any year, the Board may fill such vacancy without further
notice to the members of the Association. The nominating
committee shall make as many nominations for election to the
Board as it shall in its discretion determine, but not less than
the number of vacancies to be filled. Nominations may also be
made from the floor at the annual meeting.
10. Regular Meetings. Regular meetings of the Board of
Directors may be held at such time and place as shall be
determined, from time to time, by a majority of the Directors,
but at least one (1) such meeting shall be held during each
fiscal year. The annual organizational meeting of the Board
shall be considered a regular meeting. Notice of regular
meetings of the Board of Directors (other than the
organizational meeting) shall be given to each Director,
personally or by mail, telephone or telegraph, at least three
(3) days prior to the day named for such meeting.
11. Special Meetings. Special meetings of the Board of
Directors may be called by the President on three (3) days'
notice to each Director, given personally, or by mail, telephone
or telegraph, which notice shall state the time, place and
purpose of the meeting. Special meetings of the Board of
Directors shall be called by the President or Secretary in like
manner and on like notice on the written request of at least two
(2) Directors.
12. Waiver of Notice. Before or at any meeting of the
Board of Directors, any Director may, in writing, waive notice
of such meeting, and such waiver shall be deemed equivalent to
the giving of notice. Attendance by a Director at any meeting
of the Board shall be a waiver of notice by him of the time and
place thereof, unless such attendance is for the express purpose
of objecting to the transaction of any business on the ground
that the meeting is not lawfully called or convened. If all the
Directors are present at any meeting of the Board, no notice
shall be required and any business may be transacted at such
meeting.
13. Board of Directors' Quorum. At all meetings of the
Board of Directors, a majority of the Directors shall constitute
a quorum for the transaction of business, and the acts of the
majority of the Directors present at a meeting at which a quorum
5
VO L 1660PAGE 055
is present shall be the acts of the Board of Directors. If, at
any meeting of the Board of Directors, there be less than a
quorum present, the majority of those present may adjourn the
meeting from time to time without notice other than announcement
at the meeting until a quorum is obtained. At any such meeting,
any business which might have been transacted at the meeting as
originally called may be transacted without further notice.
14. Fidelity Bonds. The Board of Directors shall require
that all officers and employees of the Association handling or
responsible for Association funds shall furnish adequate
fidelity bonds. The premiums on such bonds shall be paid by the
Association.
15. cgmpensation. No member of the Board of Directors
shall receive any compensation for acting as such.
16. Actions Without a Meeting. Notwithstanding any other
provision of these Bylaws, any action required or permitted to
be taken at a meeting of the Board of Directors may be taken
without a meeting if a consent in writing, setting forth the
action so taken, is signed by all of the members of the Board of
Directors. Such consent shall have the same force and effect as
a unanimous vote at a meeting.
ARTICLE V
OFFICERS
1. Designation. The officers of the Association shall be
a President, a Vice President, a Secretary and a Treasurer, all
of whom shall be elected by the Board of Directors. Any
Director may hold a position as officer of the Association, and
any person may hold two or more offices except that the
President shall not also be a Secretary.
2. Election of Officers. The officers of the Association
shall be elected annually by the Board of Directors at the
organizational meeting of each new Board and shall hold office
at the pleasure of the Board.
3. Removal of Officers. Upon any affirmative vote of a
majority of the members of the Board of Directors, any officer
may be removed, either with or without cause, and a successor
elected at any regular meeting of the Board of Directors, or at
any special meeting of the Board called for such purpose.
4. President. The President shall be the chief executive
officer of the Association and shall preside at all meetings of
the Association and of the Board of Directors. The President
shall have all of the general powers and duties which are
usually vested in the office of president of an association,
including but not limited to the power to appoint committees
from among the Owners from time to time as are appropriate to
assist in the conduct of the affairs of the Association. The
President shall sign, with the Secretary or an Assistant
Secretary, certificates of membership, any deeds, mortgages,
bonds, contracts, leases, or other instruments which the Board
of Directors has authorized, except in cases where the signing
and execution thereof has been expressly delegated by the Board
of Directors to some other officer or agent of the Association,
or shall be required by law to be otherwise signed or executed.
The President shall not have the power to bind the Association
to any employment agreement on behalf of the Association unless
such employment agreement has been expressly approved and
authorized in advance by resolution of the Board of Directors.
In the event any such employment agreement (whether or not these
Bylaws be amended incident thereto) limits or qualifies the
authority of any such officer in a manner inconsistent with
these Bylaws or imposes on such officer duties not provided for
under these Bylaws, then the provisions of such employment
6
V0L1660PAGE056
agreement limiting or qualifying such authority and imposing
such duties shall be valid and effective notwithstanding any
inconsistency between the provisions of the employment agreement
and the provisions of these Bylaws.
5. Vice President, The Vice President shall have all the
powers and authority to perform all the functions and duties of
the President, in the absence of the President, or inability by
the President for any reason to exercise such powers and
functions or perform such duties, and also perform any duties
the Vice President is directed to perform by the President or
the Board of Directors.
6. Secretary. The Secretary shall: (i) keep all the
minutes of all meetings of the Board of Directors and the
minutes of all meetings of the Association in books provided for
that purpose; (ii) see that all notices are duly given in
accordance with the provisions of these Bylaws or as required by
law; (iii) be custodian of the Board's and Association's records
and books and of the seal of the Association and see to it that
the seal of the Association is affixed to all certificates of
membership prior to the issuance thereof and to all documents
which are duly authorized to be executed, on behalf of the
Association under its seal in accordance with the Bylaws;
(iv) keep a register of the post office address of each Owner;
(v) keep records of and send notices to Mortgagees as required
by these Bylaws and the Declaration; (vi) sign with the
President all certificates of membership, the issuance of which
shall be approved by the Board of Directors; and (vii) in
general, perform all the duties incident to the office of
Secretary and as may be assigned to him or her by the President
or by the Board of Directors.
The Secretary shall compile and keep up to date at the
principal office of the Association a complete list of members
and their last known addresses as shown on the records of the
Association. Such list shall be open to inspection by members
and other persons lawfully entitled to inspect the same at
reasonable times during regular business hours. The address of
each member shown in such list shall be the address to which all
notices shall be sent.
7. Treasurer. The Treasurer shall receive and deposit in
appropriate bank accounts, as designated by the Board of
Directors, all funds of the Association and shall disburse such
funds as directed by resolution of the Board of Directors;
provided, however, that a resolution of the Board of Directors
shall not be necessary for disbursements made in the ordinary
course of business conducted within the limits of a budget
adopted by the Board of Directors and in an amount not to exceed
the sum of two hundred dollars ($200.00). In addition, the
Treasurer shall have authority to: sign all checks and
promissory notes of the Association; keep full and accurate
accounts of all receipts and disbursements in proper books of
account; cause the preparation of an annual statement of the
Association's books at the completion of each fiscal year;
prepare an annual budget and a statement of income and
expenditures to be presented to the membership of the
Association at its regular annual meeting, and deliver copies
thereof to the members; and perform all other duties incident to
the office of Treasurer or assigned by the Board of Directors.
8. Additional Officers. Officers in addition to the
President, Vice President, Secretary and Treasurer may be
appointed by the Board of Directors and shall hold the offices
for such terms and shall have such authority and exercise such
powers and perform such duties as shall be determined from time
to time by the Board by resolution not inconsistent with these
Bylaws. The Assistant Secretaries as thereunto authorized by
the Board of Directors may sign, with the President,
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VOL 1660pAGE057
certificates of membership, the issue of which shall have been
authorized by a resolution of the Board of Directors. The
Assistant Treasurers shall, if required by the President or
Board of Directors, give bonds for the faithful discharge of
their duties in such sums and with such sureties as the
President or Board of Directors shall determine. The Assistant
Treasurers and Assistant Secretaries, in general, shall perform
such duties as shall be assigned to them by the Treasurer or the
Secretary, respectively, or by the President or by the Board of
Directors.
9. Vacancies. A vacancy in any office because of the
death, resignation, removal, disqualification or otherwise of
the officer previously filling such office, may be filled by the
Board of Directors for the unexpired portion of the term.
ARTICLE VI
INDEMNIFICATION OF OFFICERS AND DIRECTORS
The Association shall indemnify every Director, officer,
committee member, or agent, and his or her heirs, executors and
administrators, against all loss, costs and expense, including
counsel fees, reasonably incurred in connection with any action,
suit or proceeding to which he or she may be made a party by
reason of being or having been a Director, officer, committee
member or agent of the Association, except as to matters as to
which he or she shall be adjudged to be guilty of negligence or
willful misconduct with respect to duties involved in the
conduct of office. As used herein, the term "adjudged" means a
determination made by a majority of the Board of Directors not
involved in the matter in controversy (whether or not a quorum),
by independent counsel selected by the Board of Directors or by
a court of competent jurisdiction.
All liability, loss, damage, costs and expenses incurred or
suffered by the Association by reason or arising out of or in
connection with the foregoing indemnification provisions shall
be treated and handled by the Association as an expense of the
Association; provided, however, that nothing contained in this
Article VI shall be deemed to obligate the Association to
indemnify any member or Owner who is or has been a Director,
officer, committee member, or noncompensated agent of the
Association, with respect to any duties or obligations assumed
or liabilities incurred under and by virtue of the Declaration
as a member of the Association or Owner covered thereby.
The rights of indemnification herein provided may be insured
against by policies maintained by the Association; shall be
severable; shall not affect any other rights to which any
Director, officer, committee member, or agent may now or
hereafter be entitled; shall continue as to a person who has
ceased to be such Director, officer, committee member, or agent;
and shall inure to the benefit of the heirs, executors and
administrators of such a person. Nothing contained herein shall
affect any rights to indemnification to which Association
personnel other than members of the Board of Directors,
officers, committee members, or noncompensated agents may be
entitled by contract or otherwise under law.
Expenses in connection with the preparation and presentation
of a defense to any claim, action, suit or proceeding of the
character described in this Article VI may be advanced by the
Association prior to final disposition hereof upon receipt of an
undertaking by or on behalf of the person who may be entitled to
indemnification, secured by a surety bond or other suitable
insurance issued by a company authorized to conduct such
business in the State of Texas, to repay such amount if it is
ultimately determined that such person is not entitled to
indemnification under this Article.
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ARTICLE VII
OBLIGATIONS OF THE OWNERS
1. Assessments. All Owners shall be obligated to pay the
monthly and special Assessments imposed by the Association to
meet the expenses of the Association. The Assessments shall be
made according to the number of square feet of the Property
owned by each Owner (exclusive of those portions contained
within a publicly dedicated street or roadway or within a Common
Area) and shall be levied in accordance with the Declaration. A
member shall be deemed to be in good standing and entitled to
vote at any annual or at a special meeting of members, within
the meaning of these Bylaws, if and only if the member shall
have fully paid all Assessments made or levied against such
Owner.
2. Mechanic's Lien. Each Owner agrees to indemnify and to
hold each of the other Owners harmless from any and all claims
of mechanic's lien filed against all or any part of the Property
for labor, materials, services or other products furnished to an
Owner. In the event suit for foreclosure is commenced, then
within ten (10) days thereafter such Owner shall be required to
deposit with the Association cash or negotiable securities equal
to double the amount of such claim plus interest at the rate of
ten percent (10%) per annum for one year together with a sum
equal to ten percent (10%) of the amount of such claim but not
less than One Hundred Fifty and No/100 Dollars ($150.00), which
latter sum may be used by the Association for any costs and
expenses incurred, including attorney's fees. Except as is
otherwise provided, such sum or securities shall be held by the
Association pending final adjudication or settlement of the
litigation. Disbursement of such funds or proceeds shall be
made to insure payment of or on account of such final judgment
or settlement. Any deficiency, including attorney's fees, shall
be paid forthwith by the subject Owner, and such Owner's failure
to so pay shall entitle the Association to make such payment,
and the amount thereof shall be a debt of the Owner and a lien
against his fee interest in the Property which may be foreclosed
as is provided in the Declaration. Such Owner shall be liable
to the Association for payment of interest at the highest rate
permitted by applicable law on all such sums paid by the
Association until the date of repayment by such Owner.
3. General.
(a) Each Owner shall comply strictly with the provisions of
the Declaration, the Articles of Incorporation and these Bylaws
and amendments and supplements thereto.
(b) Each Owner shall always endeavor to observe and promote
the cooperative purposes for the accomplishment of the
objectives for which the Recreational Area was established.
4. Use of Recreational Area. Each Owner may use the
Recreational Area in accordance with the purpose for which it
was intended without hindering or encroaching upon the lawful
rights of the other Owners; provided, however, that the Board of
Directors may suspend an Owner's right to use any facilities
located in the Recreational Area (i) for any period during which
any assessment against such Owner's fee interest in the Property
remains unpaid for more than thirty (30) days after it is due,
or (ii) for a period not to exceed thirty (30) days because of
any infraction of the Association's rules and regulations by the
Owner, or such Owner's invitees, licensees, tenants, agents or
employees.
5. Rules and Regulations. All Owners and occupants of PUD
#2 shall promptly and completely comply with each of the rules
and regulations herein contained or hereafter properly adopted
for the utilization of the Recreational Area, in order that all
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VOL1660PAGE059
Owners and their guests shall achieve maximum utilization of the
Recreational Area consistent with the rights of each of the
other Owners thereto.
ARTICLE VIII
AMENDMENTS TO BYLAWS
These Bylaws may be altered, amended, or repealed and new
Bylaws may be adopted by a majority of the Directors or Owners
present at any regular meeting of the Board or the Association
or at any special meeting, if written notice is given of an
intention to alter, amend, or repeal these Bylaws or to adopt
new Bylaws at such meeting.
ARTICLE IX
MORTGAGES
1. Notice to Association. An Owner who mortgages his fee
interest in the Property shall notify the Association through
the Managing Agent, if any, the President, or the Board of
Directors, giving the name and address of his Mortgagee.
2. Notice of Unpaid Assessments. The Association shall at
the request of a Mortgagee of the Property report any unpaid
assessments due from the Owner of the Property.
ARTICLE X
NON-PROFIT ASSOCIATION
This Association is not organized for profit. No member,
member of the Board of Directors or person from whom the
Association may receive any property or funds shall receive or
shall be lawfully entitled to receive any pecuniary profit from
the operation thereof, and in no event shall any part of the
funds or assets of the Association be paid as salary or
compensation to, or be distributed to, or inure to the benefit
of any member of the Board of Directors; provided, however,
always (1) that reasonable compensation may be paid to any
member while acting as an agent or employee of the Association
for services rendered in effecting one or more of the purposes
of the Association, and (2) that any member of the Board of
Directors may, from time to time, be reimbursed for his actual
and reasonable expenses incurred in connection with the
administration of the affairs of the Association.
ARTICLE XI
REGISTERED OFFICE
The initial Registered Agent shall be Greg Crouch whose
address is c/o Emkay Development Company, Inc., P.O. Box 569,
Austin, Texas 78680. The Registered Agent may resign upon
delivery of written notice to the Association.
ARTICLE XII
TRANSACTIONS WITH MEMBERS, DIRECTORS AND OFFICERS
The Association may enter into contracts or transact
business with one or more of its Directors, officers, or
members, or with any firm of which one or more of its Directors,
officers or members are members, or with any corporation,
association, company, organization or entity in which one more
of its Directors, officers or members are directors, officers,
trustees, shareholders, beneficiaries or are otherwise
interested, and in the absence of fraud, such contract or
transaction shall not be invalidated or affected by the fact
that such Directors, officers or members having such adverse
interest may have been necessary to obligate the Association
upon such contract or transaction.
10
VOL1660PAGE060
ARTICLE XIII
EXECUTION OF DOCUMENTS
The persons who shall be authorized to execute any and all
contracts, documents, instruments of conveyance or encumbrances,
including promissory notes, shall be the President or any Vice
President and the Secretary or any Assistant Secretary of the
Association.
ARTICLE XIV
ABATEMENT AND ENJOINMENT OF VIOLATIONS BY OWNERS
The violation of any rule or regulation promulgated by the
Board of Directors, or the breach of any Bylaws, or the breach
of any provision of the Declaration, shall give the Board of
Directors or the Managing Agent the right, in addition to any
other rights set forth therein, to enjoin, abate, or remedy by
appropriate legal proceedings, either at law or in equity, the
continuance of any breach.
ARTICLE XV
CASUALTY LOSS/INSUFFICIENT INSURANCE PROCEEDS
In the event of fire, casualty or other disaster involving
damage to the Recreational Area in which the proceeds from
casualty insurance are insufficient to reconstruct the
Recreational Area as provided in the Declaration, the damage or
destruction thereof, subject to the provisions of the
Declaration, shall be repaired and restored by the Association,
or its duly authorized agents, using proceeds of insurance, if
any, on the Recreational Area for that purpose, and the Owners
shall be liable for a special Assessment for any deficiency as
provided in the Declaration.
ARTICLE XVI
NOTICES
All notices to members of the Association shall be given by
delivering the same to each Owner in person, or by depositing
the notices in the U.S. mail, postage prepaid, addressed to each
Owner at the address last given by each Owner to the Secretary
of the Association. All Owners shall be deemed to have been
given notice of the meetings upon the proper mailing of the
notices to such addresses irrespective of the actual receipt of
the notices by the Owners.
ARTICLE XVII
SEVERABILITY
The invalidity of any provision or provisions of these
Bylaws shall not be deemed to impair or affect in any manner the
validity, enforceability or effect of the remainder of these
Bylaws, and in such event, all of the other provisions of these
Bylaws shall continue in full force and effect as if such
invalid provision had never been included herein.
11
VOL1660PAGE061
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands on this the //e( day of 1987.
BOARD 7000094(
IRECTORS
AO*
By:
By:
Crouch
By:
6thlisberger
12
VOL I66OPAGEO62
THE STATE OF TEXAS
COUNTY OF WILLLIAMSON
BEFORE E, the and rsned a thority, on this day personally
appeared i -44u , known to me to be the person
whose nam is'sub cribed to the foregoing instrument as Director,
PUD #2 Owners Association, Inc. and he acknowledged to me to be that
he executed the same for the purposes and considerations therein
expressed.
UNDER MY HAND AND SEAL OF OFFICE, this the /
, A.D. 1987.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
`-" Notary
day of
ublic in an
for Williamson County, Texas
SCOTTY C. MUENCHQW
.+� Notary Public, State of Texas
-.,� � y COirrff?iSSiOn Expires Nov.14,1989
BEFORE E, the u!de n d authority, on this
_ - g y day personally
appeared , known to me to be the person
whose nate is sub cribed to th foregoing instrument as Director,
PUD #2 Owners Association, Inc., and he acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
diri UNDER MY HAND AND SEAL OF OFFICE, this the, " da of
y
A.D., 1987.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE
appeared
whose na
lic in and for Williamson County, Texas
SCOTTY C. WUENCHOW
Notary, Pubiic, State of Texas
VW Of
dy Coa mission Expires Nov.14,1989
u}r• erinec, authority on this day personally
, known to me to be the person
e is
PUD #2 Owners Association, Inc., and he acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
bscribed to the foregoing instrument as Director
UNDER MY HAND AND SEAL OF OFFICE, this the / day of
, A.D., 1987.
Notary 'ublic in a d for Williamson County, Texas
13
SCOTTY C. MUENCHOW
Notary Public, State of Texas
y CC'i!'aisssion Expires Nov. 14,1989
EXHIBIT "A"
CRYSTAL PARK (PROPOSED)
20.36 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
VQLIU6OPACE063
FN 0039 (MB)
NOVEMBER 11, 1985
EH &A JOB. NO. 6786-08
A DESCRIPTION OF A 20.36 ACRE TRACT OF LAND OUT OF THE
DAVID CURRY SURVEY, ABSTRACT NO. 130, SITUATED IN WILLIAMSON
COUNTY, TEXAS, THE SAID 20.36 ACRE TRACT BEING A PORTION OF THAT
CERTAIN 140.67 ACRE TRACT OF LAND AS DESCRIBED IN DEEDS TO EMKAY
DEVELOPMENT INC., OF RECORD IN VOLUME 1047 PAGE 721, VOLUME 1047.
PAGE 701 AND VOLUME 953 PAGE 601 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS THE SAID 20.36 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found for the most northeasterly corner of the
said 140.67 acre tract, being the most northeasterly corner hereof;
THENCE with an east line of the said 140.67 acre tract, being an east line
hereof, the following two (2) courses:
1. S 18°-27'-22"
2. S 18°-35'-32"
inside corner
hereof;
E, a distance of 374.50 feet to an iron rod found, and
E, a distance of 256.11 feet to an iron rod found for an
of the said 140.67 acre tract, being an inside corner
THENCE with a north line of the said 140.67 acre tract,being a north line
hereof, N 71°-351-46" E, a distance of 401.04 feet to an iron rod found for an
easterly corner of the said 140.67 acre tract, being an easterly corner hereof;
THENCE with the most easterly line of the said 140.67 acre tract, being
the most easterly line hereof, S 18°-13'-15" E, 471.77 feet to an iron rod found for
a point in the most easterly line of the said 140.67 acre tract for the southeast
corner hereof;
THENCE departing the most easterly line of the said 140.67 acre tract
and over and across the said 140.67 acre tract the following seven (7) courses and
distances:
1. S 71 -33'-15" W, a distance of 610.25 feet to an iron rod found,
2. A distance of 9.31 feet with the arc of a curve to the left having a
central angle of 00°-151-32",0 a radius of 2060.00 feet, and a chord
bearing of S 71°-25'-29" W, a distance of 9.31 feet to an iron rod
found for a point of reverse curvature,
3. A distance of 37.75 feet with the arc of a curve to the right having
a central angle of 86°-31'-09", a radius of 25.00 feet, and a chord
bearing of N 65°-26'-43" W, a distance of 34.27 feet to a point of
reverse curvature,
4. A distance of 364.07 feet with the arc of a curve to the left having
a central angle of 48°-30'-37", a radius of 430.00 feet, and a chor
bearing of N 46°-26'-27" W, a distance of 353.29 feet to an iron rod
found for a point of tangency,
5. N 70°-41'-45" W, a distance of 509.54 feet to an iron rod found for a
point of curvature,
6. A distance of 160.14 °feet with the arc of a curve to the left having
a central angle of 21°-20'-17", a radius of 430.00 feet, and a chord
bearing of N 81°-21'-52" W, a distance of 159.22 feet to an iron rod
set for point on the curve, and
7. N 03°-07'-27" W, a distance of 395.61 feet to an iron rod found on
the north line of the said 140.67 acre tract for the northwest corner
hereof;
4860PA6 £ 064
CRYSTAL PARK (PROPOSED)
20.36 ACRES
OUT OF THE DAVID CURRY SURVEY
WILLIAMSON COUNTY
FN 0039 (MB)
NOVEMBER 11, 1985
EH&A JOB. NO. 6786-08
• THENCE with the north line of the said 140.67 acre tract, being the north
line hereof, the following two (2) courses and distances:
1. N 720-12'-50" E, a distance of 106.81 feet to an iron rod found,
2. N 71°-21-11• E, a distance of 743.85 feet to thePOINT OF
BEGINNING, containing 20.36 acres of land, more or less.
THE STATE OF TEXAS :
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS :
That I, Lawrence A. Hunt, a Registered Public Surveyor, do hereby certify
that the above description was prepared from an on the ground survey under my
direction and supervision and is true and correct to the best of my knowledge:
WITNESS MY HAND AND SEAL� AT Austin, Travis County, Texas this the
//7W day of 1c,/O`/�is1/3G= -� 1985, A.D.
LAWRENCE A. HUNT
4328
HBe•�6,a•ts. .-lC
°•
c sv��
awrence A. Hunt
Registered Public Surveyor
No. 4328 - State of Texas
STATE OF TEXAS COUNTY OF WILLIAMSON
hereby certify thitlis Instrument was FILED
on the date and at the time stamped hereon
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, texas; as stamped hereon by me, on
MAY 121
COUNTY CLERK
WILLIAMSON COUN1i, TEXAS