ORDER NO.28648 FINAL PLAT HERMOSA SUBDIVISION Came to be heard this the l lth day of May 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3-0-0, approve the Final Plat on Hermosa Subdivision. COMMISSIONERS' COURT AGENDA REQUEST ~~ ~'~' f;/ ~ ~1 PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS -. TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson, Commissioner, Pct. 4 MEETING DATE: MaX 10, 2004 OFFICE: Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Final Plat for Hermosa, Pct. 4 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston//Frank Vaisek/Lee Voelkel ESTIMATED LENGTH OF PRESENTATION: 15 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. ROUTING SLIP APPENDIX I ice Use Only Date Received by R&B Kerr County Application for Final Plat of a Subdivision ~. Name of Subdivision: ~ ~~ ~~ Location of Subdivision: C~ ~ YU Precinct # Owner/Developer: Phone (_, Surveyor: ~'~~ '~ Phone , ~' ~ ~~ ~`~~ ~j Is this part of an existing subdivision? Yes ( ) No~) d If yes, Name: Volume ,Page AGENDA DATE REQUESTED: ~'~° ~ '~~~ 2. Copy of Fuial Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. `~ ~ 7 Amount Paid .CF Signature: J cam` ~~~z.`~ ~/S'~ --~ ~ ~ ~~~- L (county clerks ffi~ey;~„: Person(s) appearing before Commissioners Court: ~ (~, 1. Final Plats are to be submitted to the Kerr County Engineer, for Review Twenty-one (21) days prior to next Commissioner's Court Date.** Signatur ~~ ` o ~[' err ty Engineer) Date r 3. Upper Guadalupe River Authority [ ] Septic Permit Fee Amount Paid $ Signature: [ ]Not required Signature: (UGRA Office} Date (Ken County Engineer) Date 4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD Office} Date [ ]Not required Signature: (Ken County Engineer) Date ._ ** You must then COMPLETE this form and return it to the County Engineer Fifteen (I4) days before Commissioner's Court Agenda Date. Kerr County Subdivision Rules & Regulations -June l0, 2002, Revision Court Order # 27597 Appendix -Page 16 TAX CERTIFICATE Certificate # 55252 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR KERR COUNTY COURTHOUSE ~"' 700 MAIN STREET, STE.124 KERRVILLE, TX 78028 for the taxing entities: Kerr County (GKR) LATERAL ROADS (RLT) HUNT I.S.D. (SHN) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2003 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R22667 Owner ID: 568140 Account Num: 2026-1446-000100 VLASEK, L A LLC A2026 LITTLETON, SUR 1446, ACRES D/B/A SHEPHERD, LLC 148.06 2249 ROLLING CREEK SPRING BRANCH, TX 78070 Assessed Value: 129,661 No exemptions This document is to certify that after a careful check of the tax records of this office, .the following current or delinqu ent taxes, penalti es, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P& I Att. Fee Total Due Total Due on All Bills: $0.00 GKR Taxes Paid for 2003: $442.40 RLT Taxes Paid for 2003: $40.07 SHN Taxes Paid for 2003: $1,918.98 UGR Taxes Paid for 2003: $40.84 WHU Taxes Paid for 2003: $12.97 *** End of Tax Certificate *** If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Signature of Aut or e Officer of Tax Office ~~r tr~ _( ~_ 1S [~ ~ Requested by 1 _ , ~7L(Q ~'~,XI'' Fee of $10.00 Paid on 05/03/04 Page 1 Date of Issue: 05/03/04 _~f ~. TAX CERTIFICATE Certificate # 55253 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR KERR COUNTY COURTHOUSE -°-~~ 700 MAIN STREET, STE.124 KERRVILLE, TX 78028 for the taxing entities: Kerr County (GKR) LATERAL ROADS (RLT) HUNT I.S.D. (SHN) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2003 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R48723 Account Num: 1728-1446-000103 A1728 HYDE, SUR 1446, ACRES 26.88 Assessed Value: 23,540 No exemptions Owner ID: 568140 VLASEK, L A LLC D/B/A SHEPHERD, LLC 2249 ROLLING CREEK SPRING BRANCH, TX 78070 This document is to certif~r that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P&I Att. Fee Total Due on All Bills: GKR Taxes Paid for 2003: RLT Taxes Paid for 2003: SHN Taxes Paid for 2003: UGR Taxes Paid for 2003: WHU Taxes Paid for 2003: *** End of Tax Certificate *** $80.32 $7.27 $348.39 $7.42 $2.35 If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Date of Issue: 05/03/04 Signature of Authorize~iJ Officer o Tax Office ~ ~~~~(/ S ~~ Requested by Fee of $10.00 Paid~on 05/03/04 ~a~ ~ „~ ~, i. _ _ -- Page 1 Total Due $0.00 TAX CERTIFICATE Certificate # 55254 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR KERR COUNTY COURTHOUSE ..-- 700 MAIN STREET, STE.124 KERRVILLE, TX 78028 ter the taxing entities: Kerr County (GKR) LATERAL ROADS (RLT) HUNT I.S.D. (SHN) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2003 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R15389 Account Num: 0234-0609-001000 A0234 LANG, SUR 609, ACRES 2.04 Owner ID: 568140 VLASEK, L A LLC D/B/A SHEPHERD, LLC 2249 ROLLING CREEK SPRING BRANCH, TX 78070 Assessed Value: 3,570 No exemptions This document is to certify that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P&I Att. Fee Total Due on All Bills: GKR Taxes Paid for 2003: RLT Taxes Paid for 2003: SHN Taxes Paid for 2003: UGR Taxes Paid fox 2003: WHU Taxes Paid for 2003: *** End of Tax Certificate *** $12 .18 $1.10 $52.84 $1.12 $0.36 If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Date of Issue: 05/03/04 Signature of Authors a -c~tticer c~~ Tax Office ~Y f_ _ f ~_ dS~(~, Requested by I„ (, Fee of $10.00 Paid on 05/03/04 _ ..~_ Page 1 ~ ~`" *~ Total Due $0.00 TAX CERTIFICATE Certificate # 55255 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR KERR COUNTY COURTHOUSE 700 MAIN STREET, STE.124 KERRVILLE, TX 78028 for the taxing entities: Kerr County (GKR) LATERAL ROADS (RLT) HUNT I.S.D. (SHN) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2003 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R15371 Account Num: 0234-0609-000100 A0234 LANG, SUR 609, ACRES 0.96 Assessed Value: 196 No exemptions Owner ID: 568140 VLASEK, L A LLC D/B/A SHEPHERD, LLC 2249 ROLLING CREEK SPRING BRANCH, TX 78070 This document is to certify that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P&I Att. Fee Total Due Total Due on All Bills: $0.00 GKR Taxes Paid for 2003: $0.67 ,._ RLT Taxes Paid for 2003: $0.06 SHN Taxes Paid for 2003: $2.90 UGR Taxes Paid for 2003: $0.06 WHU Taxes Paid for 2003: $0.02 *** End of Tax Certificate *** If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Date of Issue: 05/03/04 signature o Tax Office Requested by (~L~~ Fee of $10.00 Paid on 05/03/04 ..--- Page 1 .uthori d Officer ofn „/~~ COPS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HERMOSA PROPERTY OWNERS ASSOCIATION This Declaration of Covenants, Conditions and Restrictions is made and entered into by SHEPHERD LLC (collectively, "Declarant"} whose mailing address is 2249 Rolling Creek, Spring Branch, Texas 78070 RECITALS A. Declarant is the owner of certain real property located in Ken County, Texas, which is more fully described by metes and bounds in Exhibit "A", which Exhibit is attached hereto and incorporated herein by reference for all purposes and which is a subdivision in Kerr County, Texas, per the plat recorded in Volume _, Page ,Plat Records, Ken County, Texas ("Plat"). B. Declarant has devised a general plan of development for the entire Property which provides a common scheme of development designed to protect and preserve the character and natural beauty of the Property over a long period of time. C. This general plan will benefit the Property in general and the parcel or tracts which constitute the Property, the Declarant and each successive owner of an interest in the Property. D. Therefore the Declarant desires to restrict the Property according to these covenants, conditions and restrictions in furtherance of this general development plan. NOW, THEREFORE, it is declared that all of the Property shall be held, sold, occupied, transferred and conveyed subject to the following easements, restrictions, covenants, chazges, liens and conditions (collectively, these "Restrictions"}. ARTICLE 1 Defuutions 1. "Association" shall mean an incorporated association consisting of all Owners, which shall have the duties hereinafter set forth. Each Owner of a Parcel or Tract shall become a member of the Association contemporaneously with acquiring a Parcel or Tract, without any further documentation of any kind. 2. "Boazd" shall mean the Board of Directors of the Association. 3. "Declarant" shall mean SHEPHERD LLC, collectively, or an agent designated in writing by SHEPHERD LLC, to act on its behalf as Declazant and any assignee or successor thereof. 4. "Default" shall mean the failure of any Owner to pay assessments and/or to comply with (including any breach of) any covenants or restrictions herein set forth. "Member" shall mean an Owner. 6. "Owner" shall mean the record owner or owners of the fee simple title to any Tract or Parcel in the Property. Even if there are several owners of a Tract the term "Owners" shall mean all of such owners of such Tract. Owner shall not include any lienholder, secured party, mortgagee, lessee, invitee or guest, but even though an Owner may lease a Tract or permit invitees or guests, and may delegate to each tenant, invitee or guest, the right and easement of use and enjoyment in and to the Roads, such parties and such use and enjoyment by such parties shall be subject to, and as provided in, the provisions of this Declazation, and any lease or agreement shall provide that the terms thereof shall be subject in all respects to the provisions of this Declaration and any failure by the lessee, invitee or guest to comply with the terms and provisions of this Declaration shall be and constitute a default under such lease or agreement and shall be a violation of this Declaration with the same consequences as if such Owner delegating such right and easement had violated the same. 7. "Parcel" or "Tract" shall mean each lot, tract, parcel and portion of the Property as shown, described and established by the Plat of the Property referenced herein. 8. "Property" shall mean and refer to the Property herein specified and described and any additional real property owned by Declarant as long as such additional real property is: (i} contiguous or adjacent to the real property herein described or to any real property contiguous or adjacent to such additional real property; and (ii} to be subdivided by Declarant, its successors or assigns, pursuant to a plat filed of record in Kerr County, Texas, indicating that such additional property will constitute an addition to ;and ,._. (iii} to be developed by Declarant in a manner consistent with the concept contemplated by this Declaration. Such additional real property may become subject to this Declaration by Declarant who may, without the consent of any Owner, which consent is expressly waived by each Owner, at any time and from time to time, add to any such property which it presently owns or which it may hereafter own, by filing of record a supplement to this Declaration, which shall extend the concept of the covenants, conditions and restrictions of this Declaration to such additional real property; provided, however, that such supplement may contain such complementary additions and modifications of the different character, if any, of the added properties and as are not inconsistent with the concept of this_Declaration. In no event, however, shall such supplement modify or add to the covenants established by this Declaration. Declarant may make any such addition even though at the time such addition is made, Declarant is not the owner of any portion of the property described herein. Each supplement may designate the number of separate parcels or tracts comprising the properties added or such designation may be deferred to further and subsequent supplements as herein provided. Each such separate pazcel or tract shall constitute a Parcel or Tract within the meaning of this Declaration. 9. "Roads" shall mean the roads and easements for ingress and egress established, shown and created by and on the Plat of the Property, and each Owner, and such Owners' tenants, guests and invitees, shall have the right and easement of use and enjoyment in and to the Roads in common with other Owners and their guests, tenants and invitees, which right and easement shall be appurtenant to such Owner's Tract. ARTICLE 2 Architectural Control Committee Wildlife Management Committee 1. Architectural Control Committee. 2 A. Declarant shall designate and appoint an Architectural Control Committee consisting of not less than three (3} persons which shall serve at the pleasure of Declarant until seventy-five percent (75%} of tracts have been conveyed to third parties (other than assignee of Declarant hereunder} and thereafter, the Architectural Control Committee shall serve at the pleasure of the Board. Members of the Board may serve on the Architectural Control Committee. B. The Architectural Control Committee must review and approve in writing the construction of any building, fence or other structure and any exterior addition, change, or alteration in any building, fence or other structure. C. To obtain approval to do any of the work described in Paragraph B immediately above, an Owner must submit an application to the Architectural Control Committee showing the plans and specifications for the proposed work, which plans and specifications shall detail the nature, shape, height, materials, colors and location of the proposed work. D. The Architectural Control Committee shall review applications for proposed work in order to (i) ensure conformity of the proposal with these covenants, conditions, and restrictions, and (ii) ensure harmony of external design in relation to surrounding structures and topography. An application can be rejected for providing insufficient information. The Architectural Control Committee shall have broad, discretionary authority to interpret and apply these standards. In rejecting an application, the Architectural Control Committee should detail the reasons for rejection and suggest how the applicant could remedy the deficiencies. E. If the Architectural Control Committee fails either to approve or reject an application for proposed work within sixty (60) days after submission, then Architectural Control Committee approval shall not be required, and the applicant shall be deemed to have fully complied with this Article. F. The members of the Architectural Control Committee shall not be entitled to compensation for nor liable for damages, claims or causes of action arising out of, services performed pursuant to this Article. Any two members of the Architectural Control Committee may approve or disapprove any matter before the Architectural Control Committee. The Architectural Control Committee may for good cause shown approve variances as to any covenant, condition or restriction but such variance shall require approval of a majority of the members of the Architectural Control Committee. The determination and decision by the Architectural Control Committee as to whether a variance should be granted shall be final and binding on all Owners, and neither the Architectural Control Committee nor any of its members shall be liable for damages, claims or causes of action arising out of any decision or action performed or taken hereunder. The Architectural Control Committee may consider in granting or denying any variance the nature of the use of the land, the structure to be constructed, the topography of the land, land use and structures on surrounding areas, and the effect, if any, of the variance on the appearance of the completed structure. The Architectural Control Committee may impose such conditions as it deems appropriate in granting any such variance. Any such variance, if granted, shall apply only to the particular property '"' and situation specified, and shall not amend this Declaration, or any provisions hereof nor shall it be a variance as to any other property or situation. 3 2. Wildlife Management Committee. The Wildlife Management Committee shall be composed of at least three (3) Members of the Association and a Chairman appointed by the Declarant unti175% of the tracts are transferred to third parties (other than assignee of Declarant hereunder} and thereafter shall be appointed by the Board.. The initial members of such Wildlife Management Committee may be the same as the members of the Architectural Control Committee. A majority of votes shall prevail on any issue or subject requiring a decision of the Wildlife Management Committee. The Wildlife Management Committee may designate a representative to act for it. No compensation shall be due or paid to members of the Wildlife Management Committee for services performed pursuant to this covenant. The Wildlife Management Committee shall be responsible for overseeing the management of the free roaming wildlife within the Property. The Wildlife Management Committee shall resolve all disputes concerning wildlife matters between Owners and their decision shall be binding on Owners. ARTICLE 3 Exterior Maintenance/Roads/Assessments 1. If any Owner of any Tract or Parcel fails to maintain the Tract or Parcel in a neat and orderly manner, the Declarant or the Architectural Control Committee shall have the right, through its agents and employees, to enter the Tract or Parcel in order to repair, maintain, and restore the Tract or Parcel, including landscaping, and the exterior of any building and other improvements located on the Tract or Parcel, all at the expense of the Owner. Such expense shall be an assessment against such Owner and such Owner's Tract(s) to the same extent as provided in this Article 3 for other assessments. ~` 2. The Declarant has dedicated and created the Roads under and by the Plat and 75% of the Tracts have been conveyed by Declarant to third parties (not an assignee of Declarant hereunder} at such times as Declarant will convey the Roads to the Association, free and clear of all encumbrances and liens other than the lien of current taxes and assessments not in default and utility easements and mineral interests outstanding and of record in Kerr County, Texas. 3. The Roads shall be jointly used by the Owners and the Association for roadways, walkways, ingress and egress, for driveway purposes, and for the convenience and comfort of guests, invitees and tenants of the Owners and occupants of the Property and as such shall be private roads, not dedicated to the public; provided, that the Declarant may grant an easement for use of the Roads as access thoroughfare to or from properties contiguous or adjacent to the Property. Persons using the Roads in accordance with this Agreement shall not be charged any fee for such use. The Roads shall be used with reason and judgment so as not to interfere with the primary purpose of the Roads. The foregoing shall not be construed as forbidding the granting of appropriate and proper easements for installation, repair and replacement of utilities and other proper services necessary for the orderly development and occupancy of the Property and improvements on the Property. 4. The Roads shall be used subject to the terms hereof and shall be maintained by the Association in good condition and repair, said maintenance to include without limiting the generality of the foregoing, the following: A. Maintaining the surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use and durability. 4 "~` B. Removing all papers, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition. C. Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines. D. Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as may be or have been installed by Declarant, if any, or otherwise authorized by the Association . E. Maintaining the front gate in a good condition and state of repair; and F. Maintaining all landscaping areas and making such replacements of shrubs and other landscaping as is necessary. All portions of the Roads shall be maintained as outlined above at the expense of the Association. 5. The Owners, as Members of the Association, shall pay assessments on an equal basis (i.e., divided equally among the Owners based upon the number of acres owned which is herein referred to as the "Pro Rata Share" of such Owner). The initial assessment ("Initial Assessment"} shall be established by Declarant and shall be collected by the Association and the Board shall enforce the provisions of this Declaration with respect to such Initial Assessments. 'The assessments provided for herein shall commence as to all Tracts on the first day of the month following the determination of such assessments by Declarant or the Board, as the case may be, and shall be payable in equal installments, in advance, on the first day of each month. A change in the assessments of more than twenty percent (20%) over the Initial Assessment shall require a majority vote of the Owners . 6. The arrangement, improvement and location of the Roads shall not be changed except by majority vote of the Members. By majority vote of the Members a third party may be appointed as an agent to maintain the Roads in a manner as above outlined and such third party may receive for such agency a fee to cover supervision, management, accounting and similar fees, which sums are to be included in the general maintenance expense paid by the Owners through the Association. 7. Each Owner hereby covenants and agrees and shall be deemed to covenant and agree to pay such assessments and such assessments shall be for property taxes, insurance, and other expenses, costs and charges for the Roads, for the administration of the Association and the improvement, repair and maintenance of the Roads. Such assessments may be fixed, established and collected from time to tune pursuant to the provisions hereof. The assessments, together with such interest thereon and costs of collection, shall be a continuing lien upon the Property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, shall also be the continuing personal obligation of the person or persons who owned the Property at the time when the assessment fell due. 8. After the transfer of the Roads to the Association the Board shall determine the assessments by formulating a budget and an estimate of the net costs, expenses, and charges, for which assessments are to be paid as provided in subparagraph 7 above, that are anticipated for the following year and a reserve for future years (the "Estimated Cash Requirement"). The Estimated Cash Requirement shall be submitted to the Owners at a meeting of Members of the Association and upon approval by majority vote of the Members shall be assessed to each Owner according to the Pro Rata Share of such Owner. If said sum estimated ~' proves inadequate for any reason, including nonpayment of any Owner's assessment, a further assessment may be assessed which shall be assessed to the Owner's in the same manner as the Estimated Cash 5 Requirement. Each Owner shall be obligated to pay assessments made pursuant to this paragraph. All funds collected hereunder shall be expended for the purposes designated herein. The time and place for payment of assessments shall be established by the Board. 9. There is created by recordation of this Declaration a present and continuing lien upon each part and parcel of the Property to secure the payment of all assessments levied pursuant to the terms hereof. Each assessment shall be a separate, distinct and personal debt and obligation of the Owner against whom the same is assessed. Any delinquent assessment shall, after thirty (30} days' delinquency, bear interest from original due date at the highest lawful rate. In the event of a default or defaults in payment of any assessment or assessments, and in addition to any other remedies herein or by law provided, any non-defaulting Owner may enforce each such obligation as follows: A. By suit or suits at law by the Association to enforce each assessment obligation; each such action to be authorized by the Board and any judgment rendered in any such action to include a sum for reasonable attorneys' fees. B. At any time an Owner is in default in paying such assessments, the Board may give a notice to the defaulting Owner, which notice shall state the date of the delinquency and the amount of the delinquency, and make a demand for payment thereof. If such delinquency is not paid within ten (10} days after delivery of such notice, the notice of assessment may be recorded against the Tract(s) of such delinquent Owner. Such notice of assessment shall state (1} the name of the record Owner, (2) a description of the Tracts} against which the assessment is made, (3) the amount claimed to be due and owing, (4} that the notice of assessment is made pursuant to the terms of this Declaration (giving the date of execution and the date, book and page references of the recording hereof in the County of Kerr}, and (5) that a lien is claimed ~" against the described Tracts} in an amount equal to the amount of the stated delinquency. 'The lien herein specified shall attach to such delinquent Owner's Tract(s). Each default shall constitute a separate basis for a notice of assessment or a lien. Any such lien may be enforced by action in court and attorneys' fees shall be payable in connection therewith. C. For value received and to secure payment of said assessment, each Owner by acceptance of a conveyance of such Owner's Tract(s) subject to this Declaration conveys such Owner's Tract(s) to David L. 3ackson, Trustee, and grants to said Trustee a power of sale, in trust for the benefit of the Association under and pursuant to the terms hereof. If such Owner defaults in the payment of any assessment and the default continues after the Association gives such Owner notice of the default and the time within which it must be cured, as may be required by law, then the Association may request the Trustee to foreclose this lien by non- judicial foreclosure under and in accordance with the Texas Property Code, as amended; in which case they or their agent shall give notice of the foreclosure sale as provided by the Texas Property Code, as then amended, and the Association may purchase the Tract(s) of such delinquent Owner at any foreclosure sale by offering the highest bid and then have the bid credited on the delinquent assessment. In case of any sale hereunder, all prerequisites to the sale shall be presumed to have been performed, and in any conveyance given hereunder, all statements of facts, or other recitals therein made as to the nonpayment of money secured, or as to the request to the Trustee to enforce this trust, or as to the proper and due appointment of any substitute trustee, or as to the advertisement of sale, or time, place, and manner of sale, or as to any other preliminary fact or thing, shall be taken in all courts of law or equity as prima facie evidence that the facts so stated or recited are true. At the option of any non-defaulting Owner with or without any reason, a successor substitute trustee may be appointed without any formality other than a designation by the Association in writing of a successor or substitute trustee, who shall thereupon become vested with and succeed to all the powers and duties given to the Trustee herein named, the same as if the successor or substitute trustee had been named original Trustee herein; and such right to appoint a successor or substitute trustee shall exist as often and whenever the Association desires. The delinquent Owner will pay all reasonable attorney's fees and 6 ~' expenses which may be incurred by the Association and any non-defaulting Owner or Trustee, in enforcing the terms hereof, or in any suit to which they may become a party where this Declaration is in any manner involved and all expenses incurred in presenting a claim against the estate of a descendent or a banla~upt. 10. The Association shall obtain public liability insurance with limits of not less than $100,000($300,000 covering the Roads. 11. Each and every change or burden imposed or that may be imposed upon the Tracts or any part thereof pursuant to any provision of this Declaration, is, and shall at all times be senior and prior to the lien or charge of any mortgage or deed of trust affecting the Property or any part thereof, or any improvements now or hereafter placed thereon except as provided in subparagraph 12 in this Article; but a breach of any of the covenants or conditions hereof shall not defeat or render invalid the lien or change of any such mortgage or deed of tn~st. 12. If any Owner shall sell or transfer or otherwise terminate his interest as owner in a Tract, then from and after the effective date of such sale, transfer or termination of interest, such party as the case may be shall be released and discharged from any and all personal obligations, responsibilities and liabilities under this Declaration as to such Tract, except those which have already accrued as of such date. 13. It is expressly understood that the parties are not dedicating the Roads for use by the general public, but only for the Owners, but by approval the Roads maybe dedicated by and upon the majority vote of the Members. 14. Declarant, for each Tract owned by it within the Property, hereby covenants and agrees, and "`~ each purchaser of any Tract by acceptance of a deed therefor, whether or not it be deemed to covenant and agree, to pay to the Association the assessments and charges specified in this Declazation. 15. Written notice of the assessment shall be delivered or mailed to every Owner subject thereto. 16. Assessments shall be due on the date specified in the notice thereof as herein provided. If any assessment or part thereof is not paid within 30 days after the delinquency date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the rate of 12% per annum, and the Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment andlor to foreclose the lien against the Tract(s) subject thereto and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action. 17. The lien of the assessments provided for herein shall be subordinate and inferior to the lien or equivalent security interest of any first mortgage or deed of trust now or hereafter placed upon a Tract subject to assessment if the mortgage or deed of trust is placed upon the Tract at a time when no default has occurred and is then continuing in the payment of any portion of the assessment for such Tract; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the time when the holder of any first mortgage or deed of trust comes into possession of a Tract under the provisions of the mortgage, by virtue of foreclosure of the mortgage, or by deed or assignment in lieu of foreclosure or the time when a purchaser at any such foreclosure sale comes into possession, except for claims for a share of such charges or assessments resulting from a reallocation of such charges or assessments to all Tracts including the mortgaged Tract in question. Such sale shall not relieve such Tracts from liability '~ for the amount of any assessments thereafter becoming due nor from the lien of any such subsequent assessment. 7 18. The omission of the Board, before the expiration of any year, to give notice of the assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, far that or any subsequent year, but the assessment shall continue until notice is given. ARTICLE 4 Use Restrictions and Architectural Standards 1. All Tracts and Parcels shall be used exclusively for single-family residential purposes, the other associated uses permitted hereunder and any other uses specified in this Declaration. All Tracts shall be maintained in a neat and orderly manner. 3. No planes, trailers, boats, recreational vehicles (RVs}, campers, buses or large trucks shall be parked or housed outside garages or barns which are not visible from the Roads. 4. No professional, business or commercial activity to which the general public is invited shall be conducted on any Tract or Parcel. No church or other place of worship shall be erected on the Property. 5. No building shall be erected on any Tract other than asingle-family dwelling, a guest home, °' a detached garage and such appurtenant structures as maybe approved from time to time by the Architectural Control Committee. No garages shall face the roads. No barns shall be visible from the Roads. All buildings and other structures shall be of new construction. In no event shall any prefabricated buildings, mobile home, modular home, or existing residences or garages be moved onto any Tract. Modular homes, trailers, campers, recreational vehicles or mobile homes shall be prohibited, except that utility trailers shall be permitted. 7. No guest home shall be constructed prior to the construction of the main residential dwelling. 8. The main residential dwelling constructed on any Tract must be one story and have a ground floor area of not less than 2000 square feet, exclusive of open or screened porches, terraces, patios, driveways, enclosed swimming pools, carports, and garages. The exterior construction of any building must be completed within one year from the date of commencement of the construction. The exterior building design shall be ranch and all exterior colors, textures, and materials must be compatible not only with this specified design motif, but also with adjacent and surrounding Tracts and the over-all appearance of the Property. The exterior walls of all residential buildings shall be constructed with masonry, rock, or stucco for at least 75°l0 of the total exterior wall area or other materials as may be approved by the Architectural Control Committee, in its sole discretion. Wall materials used on all Tracts shall be restricted to those types and colors approved by the Architectural Control Committee. The surface of all roofs of principal and secondary structures including garages, guest houses, and hams shall be of slate, stone, composition shingle, concrete tile, clay the or other the of a ceramic nature or they may be of a metal of a style and design and color approved by the Architectural Control Committee. All wood-shingle and/or built-up roofs are strictly prohibited. Shiny roofs are prohibited. 8 9. No structure shall be built closer to any perimeter property line of any Tract or Parcel than one hundred fifty (150} feet. Notwithstanding the foregoing, no structures on any Tract or Parcel shall be located within one hundred fifty (150) feet from the Roads to such Tract or Parcel. All fences, walls and hedges shall be no less than fifty (50) feet from the centerline of the Roads. 10. No Parcel or Tract maybe subdivided. If multiple Parcels or Tracts are used as one building site for one residence such Parcels and Tracts may be consolidated for such purpose and the restrictions set forth herein shall be applicable to one consolidated site and shall be varied to permit such consolidation. 11. No noxious or offensive activity shall be conducted on any Tract that may be or may become an annoyance or nuisance to other Owners within the Property. 12. No signs of any type shall be allowed on any Tract which can be seen from the Roads unless the same shall have been approved by the Architectural Control Committee. 13. No oil well drilling, development, or refuting and no mineral quarrying or mining operations of any kind shall be permitted on any Tract. 14. No Tract shall be used or maintained as a dumping ground for rubbish or trash. All garbage and other waste shall be kept in sanitary containers. There shall be no burning or incineration of trash or garbage. Leaves, brush or other debris may be burned only in a safe and proper manner and in accordance with the rules and regulations promulgated from time to time by the Architectural Control Committee and the Wildlife Management Committee. "' 15. No individual sewage-disposal system shall be pemtitted on any Tract or Parcel unless the system is designed, located and constructed in accordance with the requirements, standards, and recommendations of the designated official of the governmental agency or body having jurisdiction. Written approval of the system as installed shall be obtained from such official. 16. In the interest of public health and sanitation, and so that the above-described Property and all other land in the same locality may be benefited by a decrease in the hazards of stream pollution and by the protection of water supplies, recreation, wild life, and other public uses of such property, no Tract or Parcel may be used for any purpose that would result in the pollution of any waterway that flows through or adjacent to such Tract or Parcel by refuse, sewage, or other material that might tend to pollute the waters of any such stream or streams or otherwise impair the ecological balance of the surrounding lands. 17. The raising or keeping of swine, hogs and/or livestock on the Property is prohibited; provided, however, that horses shall be permitted on a Tract or Parcel but an Owner may not keep mare than three (3} horses on each Parcel or Tract. All horses allowed on the Property under the terms of these Restrictions must be maintained within proper fences, pens, corrals and/or barns, and under such conditions as may be designated and approved by the Architectural Control Committee. Domestic pets may be kept on the Property provided that the same are maintained within an approved enclosure or controlled on a leash or similar-restraint. 18. Hunting shall be prohibited except as may be provided under and in accordance with the wildlife management program established by the Association and then only as completed, regulated and strictly controlled by the Wildlife Management Committee as same may be established by the Association to administer the wildlife management program. 9 ~"` 19. Berms, dams, other impoundment structures, low water bridge crossings and the like may be constructed provided the same permit the reasonable flow of water in creeks or streams on the Property and provided the same comply with all applicable governmental laws and regulations, if any. 20. After the completion of construction of each residential dwelling on a Tract the Owner of such Tract shall have 90 days after the completion date to construct the driveway from the Roads for a least 50 feet.. The driveway for such 50 feet shall be paved with the same or superior materials as the Roads. 21. No chain link or barbed wire fences shall be erected on any Tract. All perimeter fencing shall be of stock type with steel post net wire and smooth wire on top with all comers and braces to be painted green to match all T Posts. High fences will only be permitted around interior areas and not visible from any of the Roads. All fencing materials and styles must be approved by the Architectural Control Committee. 22. Interior access gates to a Tract shall be allowed and all materials, designs and styles shall be compatible with the overall appearance of the Property and shall be approved by Architectural Control Committee. 23. No mercury or sodium vapor security lights shall be allowed. No dusk until dawn lighting shall be allowed. All exterior landscape and decorative lighting shall be approved by Architectural Control Committee. Nothing shall be done in any part of the Property, nor shall any outside lighting or loudspeakers or other sound-producing devices be used, which, in the judgment of the Architectural Control Committee, may be or become an unreasonable annoyance or nuisance to the other Owners. Said Architectural Control Committee's decision as to all such matters shall be conclusive and binding on all parties. ~"" 24. No cellulaz or commercial towers shall be constructed on the Property. 25. No electricity poles or lines shall be erected along the roads on the Property. 26. No antenna shall be greater than ten (10) feet above a roof, nor shall any antenna be visible from any roadway. ARTICLE 5 Creation 1. The Owners shall be members of the Association. Each Owner of a Tract or Pazcel, including Declarant, shall automatically be a member of the Association. Association membership shall be appurtenant to ownership of a Tract or Parcel. Transfer of Membership 2. Association membership shall only be transferred upon the conveyance of a Tract or Parcel in fee by an Owner and membership shall not be assigned, pledged, or transferred in any other way. Any attempt to make a transfer prohibited hereby shall be void. Management of Association 10 "' 3. The Association may be incorporated as a nonprofit corporation. The Association shall be managed by the Board pursuant to the procedures set forth in the Association's Articles of Incorporation and Bylaws, subject to the provisions of this Declaration. Membership Voting 4. The Association shall have two classes of voting membership: Class A. Class A Members shall be all Owners with the exception of the Declarant and shall be entitled to one (1) vote for each acre owned. When more than one person or entity holds an interest in any Tractor Parcel, all such persons or entities shall be Members. Class B. The Class B Member shall be the Declarant and shall be entitled to three (3) votes for each acre owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. Membership Meetings 5. There shall be at least one meeting of the membership each year. At that meeting, the Owners shall elect a Board consisting of three (3} or more directors, vote on any other matters the Board chooses to place before the membership, and discuss any matter of Association busyness that the Board or any Owner wishes to bring before the entire membership. Quorum and notice requirements for the Association meetings shall be as set forth in the Bylaws of the Association. Notwithstanding any contrary provision `~ contained herein, until such By-Laws are enacted or the Declarant has conveyed to third parties 75% of the acreage or platted lots, whichever shall last occur, Declarant shall appoint the Directors who need not be Members of the Association. Duties and Power of Board 6. Through the Board, the Association shall have the following powers and duties: A. To adopt Bylaws, rules and regulations to implement this Declaration; B. To enforce this Declaration and/or the Bylaws, rules and regulations of the Association; C. To elect officers of the Board and select members of the Architectural Control Committee when that power devolves to the Board; D. To delegate its powers to committees, officers, or employees; E. To prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at its annual meeting; F. To assess an Owner for costs incurred or to be incurred by the Association in enforcing this Declaration and any rules and regulations promulgated by the Association; G. To file liens against Owner's Tract or Parcel because of nonpayment of any assessment duly '~ levied and to foreclose on those liens; 11 TELECOPIER CJVER LETTER Frorn: J Oavid Williams acar+~rn~~HAR''f ~ TCl'LtA • tsl~iattw~i.i.~: Web Pa¢a: httn:!/wa•w.hcsb.eam + 'ro: Frank{in Johns#on ~ c , AT: Kerr County Road 8.8ridge FAX NO.: 896-8481 ,tv U DATE: 5/4/4 TIME TRANSMITTED: SUBJECT MATTER: OPERATOR: T~JTAL NUMBER OF PAGES INCLUDING THIS PAGE: 4 MES5AGE: CONFfDENTfRl.iTY NOTICE: T"ha enclosed material is fnfended for fha reclpfent named above and, unless otfterwrse axpresslyindfcefed• 1s conlfderitial and pnvlfeged informaEon. ,4ny disser?Nnatrcrr, dfshtbuNon, air copying of fhe attached materials is prohibited. Tf ybv receive this trar!smtssfon In error, please not~j ma Immadlately by telephone at my otfica expense and deshoy the atcachetl materials. Your aoripereUon Js appredated. HCSB's Convenient Locations: [] nowKmwtt ^ ~rsr ^ Hoer ^ nun ^ ~vtct~ P6 86X !7a 14 Rux 311 W ROY 29 Ya1 WEft 61R 32a1 DltaO Rand 424 8latlvap 123 C -1SiYl t1451aocUaa fey. P{albYkN, TY 74d73A4I8 Pld{R11EN, TX 790TL Ratl,1X 79013 Tulle, lx 1'9088 8BR1lI(e, TY 76D26.4403 PheOe: 806.293-3633 rN1Dpe:806.291.9a0A PbeMe:806-438.2111 Phame: 306.495-tiSi PSeoe: A30•546.500d Fat:966.343-1257 Fax: 506.241-Ba20 F#X: 606.930.2281 FRY; 886.495•Z215 >:ex: a3a89b$o01 _ _ - ... -- _.,.. , ,.. ,._ ..~:. ., .. t..- ~4.~1 s„.;}Z. Pfd. May 3, 2004 Kerr County Road & Bridge 4010-San Antonio Highway Kermrlie, Texas 78028 Attention; County Engineer Dear Sir: Re: Letter of Credit Number 1004-02 EMML: HCSB®HC59.CaFA WEB PAGE: WY~~ W,hC58. Jtltd HCSB, a state banking associa~an (hereinafter referred to as "HCSB") hereby issues to the benefit of the County of Kerr, Texas, (sometimes referred herein to as "Beneficiary"} this irrevocable Latter of Credit #2004-02 for the account of Shepherd L.L.C., 2249 Kalling Creek, -- Spring Branch, Texas 7$070 (sometimes referred herein to as "Developer"), in the amount of Thirty Thousand and Noi 100 U. S. Dollars (34,000.00). The Developer, Shepherd L.L,C,, has petitioned Kerr County for permission to develop a subdivision within tre jurisdiction afKerr County, more par+acularly described as follows to-wit: Abstract #2026, 177.92 acres, which is shown on a subdivision plat, entitled Hermosa subdivision; heretofore conditionally approved by the Commissioners Court of Kerr County on March 8, 2004. HCSB will honor on sight, and pay to you upon presentation at it, office located at 11G5 Junction Hwy, Kerrville; Ketx Co., `fX 78028, draf-,s drawn by you on said account, accompanied by: 1. A signed letter fram the County Judge or County Engineer of Kerr County, or any other authorized rrpresentative for the County of Kerr, Texas, stating that Shepherd L.L,C., its heirs, successors or assigns, has not completed by b'lay 10, 2005, {twelve {12) months fram t['ie date of this Letter of Credit) construction, o- caused to be constricted, according to the requirements of such subdivision control regulation, +he necessary srte improvements within said subdi~~sion. 2. Benef ciary's signed statement stating that the amount of the draft i~ due for the unpaid balance on the account of Shepherd L.L.C. Partial draws are permit*.ed, but the carsbined draws by you cannot exceed the amount of this letter of credit. This Letter of Credit sha11 terminate upon 1'iay 10, 2005, the expiration date hereof. This Letter of Credit is neither assignable, nor transferable. 1145 JUNCTION HIGHWAY KERRViLLE, TEXAS 7B02S-49Q9 PH4fVE 830.696.5000 PAX 830,896.5!01 Kerr County Road 8c Bridge Page 2 ,,,,, May 3, 2004 All drafts hereunder must be marked: Drawn under HCSB, a state banking association's, irrevocable Letter of Credit # 21104-02 dated May 03.2004, Drafts drawn on this Letter of Credit are payable at the counters of HCSB, at its office located at 1145 Junction Hw~~, Kerrville, Kerr Co., Texas.. Such drafts will be duly honored if presented to us before the termination hereof as above provided. The amount of each draw shall be inscribed on the back hereof, and the original of This Letter of Credit # 2004-42 must itself be presented with each draft far payment as well as any draft that extinguishes this Letter of Credit # 2004-02. Except so far as otherwise expressly stated, this Letter of Credit is subjec+. to Se;,tian 5.106 of the Texas Business and Convnerce Code. This is irrevocable Letter of Credit # 2004-02 issued on May 03, 2404, by HCSB, a state banking association tr~rough its Iflcation in Kerrville, Ken County, TX. HCSB, a state n ng associati . David tVilliams, Chairman ~~ W/cgm ' C'~ CERTIFICATE OF SECRETARY HCSB, a state banking association BRIAN POHtMEtER PRESIDENT i 4E0 E.MAtI brisnp~hcsb.cam BOARD OF DIRECTORS MEETING January 15, 2004 XVl I. In keeping with Section 4,105 of the Texas Banking Act: "BE iT RESQLVED, that the Chairman. Chairman of the Executive Car?mmittee, President, Executive Vice President, Cashier, Senior Vice President, Trost Officer or any other Officer as designated by the Board, be and are authorized to enter into contracts or to endorse, pledge, assign, transfer and redisc~urtt or anyway dispose of any Note, Bond, Security, Asset or other obligation held by the Bann and let it be further resolved, that they may create any twills payable in the orcilnary course of bus'ness in such amounts as may to them seem advisable and proper. L)=? IT FURTHER BE RESOLVED, that Brian Pohlmeier be designated pri~cipie executive officer responsible for the execution of board polfaes and operatlons of the bank and as the designated officer responsible far the maintenance and storage of all corporate books and reoords of the Bank and For the required attestation of signatures." Upon a motion by Terry Teague and seconded by Richard Kimbrough the Board unanimously approved this resolution. The above exosrpt is hereby certified to be a correct representation of the Board of Directors Minutes of HCSB, a state banking assoaation on January 15, 2004 and that furthermore, J. David Vljiiliams is the elected Chaimtan of the Board cf HGSB, a state banking association. .~I ~(~ h L Steal` -~ ;. ' ~, i-iCSB, a state bankir~ assoaation Brian P meier -Secretary Date rulav 3.2004 701 WEST tTN 72Q7 6LT8N RQAP f2i 6RCA~WAY !2t 5. sUSTl fit 11~S R7HtT1oN NI~iMMAY r.o. rax r7o 1,0. tiOx •10 t.0. ioX 760 R.O. YO%;B ktltRVt~LE. TkxA4 T60lB d-r+KwEw, Tx ~ta~ro4~o -t.wirwcw, Tx »oil•owro H.~T, Tx ~rv~s-aoo Tuna. TY T4aa7.062a a~o.i~~.iooa so~.~s7.rs7~ so.~rs.aooo so~,•7sar~i Ya~.~r7,~~st fK%4nhS4),1 f7 FAX t6~. 1V1.lOSO FA7t i0~.97i.1IH Ik%~6i.HS.)717 fA%R30.i~~.T001 ~ LABQRATORY ~ t5 ~ INt~ rttirurc i T0: Vlasek Backhtse, L.C. 2249 Roiifng Creek Spring Branch, Texas 78070 ATTN: Mr. Frank Vlasek PROJECT: Kerr County Private Road PROJECT NO.: ASD04-M1SC TECHNICIAN: Client DATE SAMPLED: 01-27-04 DATE TESTED: 02-02-04 DATE REPORTED: 02-04-04 ITEMS TESTED: M-D Relationship; No. 200 Sieve Determination; Sieve Analysis; Atterberg Limits A sample of the following material was obtained by R-K for laboratory moisture-density relationship (Proctor) determination: Light Brown Clayey Sand with Gravel. This material was obtained from the following location: Hermosa Subdivision This material was imported and is Intended for use as select fill in the following area: Private Roads On the basis of the testing conducted and in genera! accordance with ASTM D 2487 Unified Soil Classification System, the material is classified as SC. Procedure: TxpOT, TEX-113-E ' Compactfon Ratio Data Maximum R Den~i 109.0 ibsJcu.ft. O timum Moisture Content: 17. (Tne proctor curve is available upon request). Procedure: ASTM D 1140 No. 200 Sieve Determination - 200: 16.4 Sieve Analysis: Procedure, TxDOT, TEX-110-E Sieve No. °/d Retained Grade 3 Specifications 1 314 inch 0 0-10 7l8 inch 8.9 --- 3/8 inch 25.7 --- No. 4 40.2 30-75 No. 40 71.2 50-85 Atterberg Limits: Procedure, ASTM D 4318 Liquid Limit: 33 < 40 Plastic Limit: 25 --- Plasticity index: $ < 12 NOTICE: Raba•Ifistner Consultants, Inc consltlers the data and Ihformatlon eonlained In this report to be proprietary. Thla Intormallon is Intended only for the use of the nclpienllsl named heroin. Test nauhs prosentad Mroln relate only to those Items Lslad, ThW document and any Informallon confatned herein shall no! be disclosed and shall not ba duplicated or used In whoN of h part for any purpose other Than to valldale test resuhs without wdtlen approval Nom Raba-Kintner Consultants, Inc. _ ~ ~ _ --~ COPIES TO: Above (1) /~ .'~ -\ ~1, ( Raba '~.~r ~, Kintner Raba lOstner Consultants, Fnc. 12821 W. Golden Lane P.O. Box 690287, San Antonio, TX 78269-0287 (210) 699-9090 FAX (210) 699-6426 www.rkci.corn BABA-KiSTNER CONSULT. BY: ASSIGNMENT NO.: SO4-013445 -:,-~t;.- ldgp 02-10-04 ~;; Austin Brownsville EI Paso Houston McAllen Mexico San Antonio ~~8~ ~'`'~ LABORATQRY T~>=5 i iN~ titrvrc i T0: Vlasek Backhoe, L.C. 2249 Roiling Creek Spring Branch, Texas 78070 ATTN: Mr. Frank Vlasek PROJECT: Kerr County Private Road ~, Raba Kistner Raba Kintner CortaaRanta, tnc. 12821 W. Golden Lane P.O. Box 690287, San Antonio, TX 78289-0287 (210) 899-8090 FAX (210) 899-6428 wwlnl.rkci.com PROrlECT NO.: ASD04-MISC TECHNICIAN: Client DATE SAMPLED: 01-27-04 DATE TESTED: 02-02-04 DATE REPORTED: 02-04-04 ITEMS TESTED: M-D Relationship; No. 200 Sieve Determination; Sieve Analysis; Atterberg Limits A sarnpie of the following material was obtained by R-K for laboratory moisture-density relationship (Proctor) determination: Light Brown Clayey Sand with Gravel, This material was obtained from the following location: Hermosa Subdivision This materia! was imported and is intended for use as select fill in the following area: Private Roads On the basis of the testing conducted and in general accordance with ASTM D 2487 Unified Soil Classification System, the material is classified as SC. Procedure: TxDOT, TEX-113-E ' Compaction Ratio Data Maximum Dry Density: 109.0 lbs./cu.ft. Optimum Moisture Content: 17.Q {The proctor curve is available upon request). Procedure: ASTM D 1140 No. 200 Sieve Determination °/p - 200: 16.4 Sieve Analysis: Procedure, TxDOT, TEX-110-E Sieve No. °/p Retained Grade 3 Specifications 1 314 inch 0 0-10 718 inch 8.9 -- 3/8 inch 25.7 --- No. 4 ~ 40.2 30-75 No. 40 71.2 50-85 Atterberg Limits: Procedure, ASTM D 4318 Li uid Limit: 33 < 40 Plastic Limit: Z5 --- Plasticity Index: 8 < 12 NOTICE: Aatu.Ktetner Consultants, Ina eonslders the data and Intormatlon eonWrted In this report to 6e proprMtary. Thls Ihtdmtatlon is In4nded only for the uw of tM redpWnflsl named heroin. Test rosutts presented herein relate only to Nose hams tested. Thla dtrtumsnl and any Inlormatton eontalnod honHn eha11 not be dlsclawd antl steal! not be duplluted or used In whole or M part for any purpose other than to valldale teat nsutts without wdhen approval ham Rabadtlatner Consultants, Inc. ._ ~~s ---. COPIES TO. Above {1) ASSIGNMENT NO.: RABA-KISTNER CONSULT SO4-013445 SY: Austin Brownsville EI Paso -Houston McAllen Mexico San Antonio _ee _~~ ~<; e• a ~py~~~~ ~ M--- ('~ D May 2, 2004 ~J Mr. Franklin Johnston, P. E. Kerr County Engineer Kerrville, Texas Dear Franklin, This is a summary of the calculations for the sizing of drainage structures for the Hermosa Subdivision. The roadway in the subdivision needed four cross the road drainage structures. The first structure crossing the road is a crossing of the major stream that drains the majority of the subdivision (Structure No. 1). The next two structures encountered are draining water from smaller drainage areas into the major stream (Structures No. 2 & 3}. The fourth structure is a cross-road drainage upon the top of the mountain that transfers a very small amount of water across the road from a pocket that was cut off by the roadway (Structure No. 4). The drainage calculations for these structures were made using "DESIGN MANUAL FOR STORM DRAINAGE FACILITIES", City of Kerrville, Texas, compiled by Hogan & Rasor, Inc. Consulting Engineers, Dallas, Texas. This manual is a compilation of design criteria from various sources including the Texas Department of Transportation, City of Waco, Texas and others. The "Rational Method" of design (Q=CIA} with a two year frequency for rainfall runoff was used in calculating. ~~ STRUCTURE NO. I Determination of run-off: Q=CIA Drainage area (USGS map} = 150 acres Coefficient of run-off = 0.35 Time of concentration = 115 min. (Use 30 min. max.} Rainfall intensity (2 yr. Frequency} = 2.0 in./hr. Q=CIA = (0.35}(2.0)(150} = 105 c.f.s. Culvert Design (2 yr. Frequency): 3 - 36" CGMP From design criteria and nomography in the manual the 3 - 36" CGMP culverts will function as a Type III design and be sufficient; STRUCTURE N0.2 Determination of run-off: Q=CIA Drainage area (USGS map} = Y O acres Coefficient of run-off= 0.35 Time of concentration = 35 min. (Use 30 min. max.) Rainfall intensity (2 yr. Frequency) = 3.5 in.lhr. Q=CIA =(0.35)(3.5)(10) = 12 c.f.s. Culvert Design (2 yr. Frequency): 1 - 24" CGMP From design cntena and Homographs in the manual the 1 - 24" CGMP culverts will function as a Type III design and be sufficient; ROUTING SLIP APPENDIX I Dice Use Only Date Received by R&B Kerr County Application for Final Plat of a Subdivision Name of Subdivision: Location of Subdivision: Owner/Developer: Surveyor: CJ~ Y1G WCJ ~~J~ Is this part of an existing subdivision? Yes ( ) No~) If yes, Name: Volume ,Page AGENDA DATE REQUESTED: ~~ 1d ~ ~•OC~d- Person(s) appearing before Commissioners Court: Q~ ,~ Z. Copy of Final Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. ~ / Amount Paid / ~ ~ `"1 Signature ~ ~~~ ? `~~ ~l ~ ~" ~- c~ ~ l U Z ~ ~/ i ~/ --~ ~ ~ C~~- L (County clerks ffiice 3. Upper Guadalupe River Authority Fee Amount Paid $ Signature: [ ] Septic Permit (UG1tA Office) Date [ ]Not required Signature: (Kerr County Engineer) Date 4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD Office) Date [ ]Not required Signature: (Kerr County Engineer) Date * * You must then COMPLETE this form and return it to the County Engineer Fifteen (14) days before Commissioner's Court Agenda Date. Precinct # Phone (_) Phone (~~~ 2 ~ % - Kea county Subdivision Rules do Regulations -June 10, 2002, Revision Court Order # 27597 Appendix -Page 16 1. Final Plats aze to be submitted to the Kerr County Engineer, for Review Twenty-one (21) fIAVC 11TIA1' *A t~uv4 ~~mminci~nnr~e ('~t~r~ Tl~f~n ~k~k i ~~~~. ,~ , Caunt~ nne~~ F'iepei~, ~a ~~ee Go int'1 C0'~~~th7'gQ,~'0 Ke~"~` jera. KeTr,ville, Charges' AeGeip~ 14+~6~9 Ca~~se GHCGK # 1~~3 ' R Ga51~ pfl`{E~' d ~_lc 5nephPt " `_~l ~4,~. i`x~ , f~`~ ;~: \~~\ ,`\ ._ i .._ ..R~~Sa 1 FED Fi-aT HEMaMaGCM~A IGA~ - RC,CO Rp5 gRCN1UC ~ GENCRaGI tECM - RGGO U5C SCC,.. GNSG - GOGRTKa.~ c~G ~~a Cn~Y - SaX GCRt FEC AGAt} _ RCCGRp MaMaGCMCµ~CE RCa~ .. RCCpR nU `GG 5EG - IGENCR~~-1 of al G~'95 s CNSG _ CG~R ~ ~~~~ i,ii i±~'~~~~ ~~y4 paGC 1 ~f 1 ' Q5/~31G~~~ Rereived~ Pete RCn 15r.ued bY. 1~~~ ~~ a.~~ 1, ~@ 5• ~'~ 9. ~~' 5.~ ~,~~ ~1~~~@~ r a~~~ t~196.~'"~.~~.W ~#*+we#w~ee+***e*##a*~# eeaeet}eeaee CT~N~F~ IYCERR ~ f ~e bnd These presents: ~ ~ owMr °adoPt tl+~s Know PN den D'/ cerud thot I thot bu Idi~9 restriction .(hot I Frank Vlo~ ~h~e~Yfor s;~i'~mmrnu s noted shown and P~yjsion~ estobli~nts for Purpose , all a 2004 plat of su~ icota ose doY of ..~"'~,.~~ lines and Witness mY hood this / net ton ose , TE~FOFEYAS 1 s d~ peraonoeY ~o~Es G ~ tl ~ undersi9nadn~get io1 ho ~i8 P°rsoock°~~d9a ~ tom" gEFOREV1aaek, the°io 9n°w' forn~rum~~ dd~ cons~ota oS subs ribe t0 ed the s° oily theta day ttat ~ ~d° Q in the ctl~ ~ office tNs~ axpr GNEN under mY hand and s~ Nra 5Y°te~xe °T %e °T Notary Public for of Nem,cso mas shown on t~ d1°ac~rdin9 to The stre dyad by the 91 2004. ore °~ knas• their 9u,de doY of .~--~'"~ paled the rector of ~r~err Goun~• Ito~he subd v soon e9u~° ions of 200a~ doY of /`i Doted this _--~ rook m o slon~e~r ' Karr County ~ n submitted oso hos D ommissione b this P1a consid C un YY Tex s and is here Y to ondoi Derr Gour<• Court such 20oa. oPProved by doY of ~•--~'' poled this I ---"''"- /MANGE ~ /~ MAIN~tE ~ F~~ r FdR wttbtII X11 Mateo°°81' ~rHcrnaoaa R pNSIBLE of PrOP°~j~0 oblttatiom er and°f County and U ~~~ tatue own aDall 4aQe leaa Ode wed e1 Yer+r 0pe1y Goan rjTY NOT d. sod ell err Goun44 ,yptll and pII garde r'e4 t Gorwn~el road. Th CO Flat of Be°°r ~ that Y i„~,ion ~t clap err Coen 1 a PuDUc ermosa 1r~gR thta d aBr aubd~ en ° ~ me antJ °° we x 11L by filinBacknowted6ad~sUowp ino~a' to un action d 09 ~8 ok aolalP t`0on FIa4 pmt aynt~ep+n at~°~ bse tfmP~°s~d~IIan~aea pe ~p °~°tti Sabdl°to~ eDohir~al° o~~ gupd-rlet ac°rpeown yas~ ° acebeaps dd°dicated b toFe~,y wit a repair °f tt' ~e road wa pee owpere of PtII{~IISnce an and the road aU future for futare ov er apd so~alion a I ~eowneri Aa ~p HILL c is ~ ~~wd~ata~'~ a ~~tt~B1OARO~~~ ~ naerv~.~ar~ a,Q°"~ e~D'i~ t ntaN^°° r~Ep UHt° NE> laot P°'r'_ y~o, "fi°tM' °o d ~d° poth 90~ aid r^°'~a amer H y,a^dNSI ~ onaa!°oN eet~7) Brood ~ tl"°~aw~,~`"~e•s~ ~ p~lmo~+dao°d bYikd~tY~ .. ~ and ~yvordf t ~ w~Mah ~ aeaa~ or ~ ~A~+~sq toa°od~ orvd °,~d~M~~a~~.w,.~t'~ ~ major ~~ ~ a ~ o~~ ~c m• tr w ~ ~ ur`M> ~n aTM to rasa' 1te I~' jjgee t ~ as or IM Mgt C~aUme a ~ ~ ~ a oNar dr+~ and of t °"caPlertglol~s ~~~ ~~ tie rWnl rl~ wilts U>! oD"0,~d~h yyd o ~ tooar paalM "d u+ ~ ann~e' Nr°,'"d~ " ~ma~rPo°,ds~and/a~ ~ IM I°I` a,d~" uocta M' mM ~ , a atria ~H dw~~"°"ca~ ~ P'rldructb° ~ au~n4+ °" M 'tY dot thi un nt TetleDh°" o ~eg° dtn9 u,. ryfh b„y w wcn NermosO 1 here D rovol of NiA Co mml.'0~,dr,uw" 004. o+ lee of with , 2 certify thotofhKerN`•ille Public UbktY •t~es. 1 h6rebWith a~~tdities• °~ reyordm4 2004. doY of .~"'"~~ pond this ,---" utd~ ~ doY of /~-- poted this _~-' e ep one Nil oun >Y ~~ 107~2~31;~ G 2 ns'7~2o C 3 49'0 ~- IMO paNT {tom t~~ SB9'451B E X278 it. South eY No• 14aB ~ 571%~., comer °i Surv ~°~ ~~ N AREW 1gpHGN UNO II CO~~ ~,VES Pwt Records) GV~ F9 209 ( )NI RANCH: >RpNCN~ NIT 11 1CNE 209 (plot Records) a P9~ INM ~g,72 ACRES N~ i5~ ~ 6 --- M ~ xvi L 7 , :; 0.08 °crG, 1°a,~oi i~q'94 in the desa~ a {rods or 53.75 53.75 ~~a1he Records) }~lathany~ (peed Vol. 259 P9t)3~16/B2 LINE SE 5 S ~6 S L7 S N N L92 5 5 ~ t5 N N ~ $ N t 2~ N N l 23 g L 25 S , S S N L 2~ 5 N ` 32 N , E ppTA ~~ R Q TpNOEN7 7 80•Ba 6 ~,pN,~ , ARC 68.6 94.14; 105.a4, 85 2 f~ , 90.3 41.57 50.x. so.oo, . , 2 112• az.87 ~o.oo 13.60 tCWoday Robb~937 Pg• i87 Vol. ertY Recon (Reol PO ~18~98 LANCE dg ~VIN~E Rm (3D Ft. N15'1T0~, ~ 'p • ,\ 395. n m 13.18 ACRC^Ha^^ Henderson to NOT RESPONSIBLE FOR ROAD MAINTENANCE al of Record, end all future owners oI property within this Subdivision, by purchee- ldge and agree that Kerr County shall have no obliptlooe whaleoever to repair or roads shown in ibis subdiviaton until and unless the Owner and/or the Hermosa Improved We roadway to the then current standards required by Kerr County and for maintenance Dy formal, written action of the Kerr County Commiaeionera Court lediceted by the owners thereof, and accepted by the county ae a public road. 7'he nets of property within Chia Subdivision ahnll look solely to the Hermosa future maintenance and repair of the toed shown on this Subdivision Plat. n' BOARD AI(1 NLL CWNTRY TEtfPFiDNE: :fool eaaemenls aro ro0erved fa the in>talblbn and mdldenance of u arreW, whether hstolbd in the dr, upon the surfaro « under- aIlls ra«, fNnt Oral Lida Linea a dI Iota and/« trodn old i0 old roods a lhb eubdiviabn. NoMhy ehaN be pbced « pamitted ddch may damope « inlerrare wiM iM inetdlakion old maaelmee ~ bl and dl imganmanU wi11Gn k eMw be maintained Oy the own« x whkh an odh«ity « uLAly compay b roepaldeb. ~Y can- t a fns nyma and anem naceaeary « aomwliant r« 1M raw en- hdudhw out na GnRsd ro was rroa fight a bgna to and egaea and aro rlwhl Fran Bme to /kne to cut aN treat, undergrorlh and ,dalgw « Ndad«a with We operation a add ufdRy facwaNa. the ~ Drhiga d anchorMlw airy euppat wblet « other devlon out- uwry by tM u8ily to 0upport aglxgrl~l rwhh 0ofd aotamant ant owx Dane poAian a wd Iota and/« yeah not wtlNn 0afd 0a0e- nwtnt lM andruction a buibirge on ary a th. bin and/a yacb plot of Hermosa I hereby certify that this plat o1 Hermosa meets villa Public Utility with approval of Hill Country Telephone regarding utilities. 2004. Dated this _ day of , 2004. Hill oun ry elephone LNE S L5 S L 11 N l 14 S L 15 N L 18 N L 19 N L 2~ S L 25 S L 29 S L 32 N UNE CHART LING ' " DISTANt(E 1'17 42 E 69.37 1'1T4~"E 66.33' O6 38 W 236.49' r47's1"w 88.79' 1'22'16"E 31.26' i'4~'34"E " 45.06' 08 46 ~ 155.85' , rz21o E 12a.as' x22'09"E 258.23' x46'09"W 171.32' 356'35"W 243.08' Y10'28"W 224.67' 332'28"W 126.68' 310'02"W 196.0] i'22'S1 "E 213.18' x22'51"E 64.91' x42'44"W 216.05' 1'3756'14 2ss.1s' i'37'0~'14 143.62' 0707E 160.81' DTO1"~ 2oa.16' 13T02'E 192.56' l'3T56"E 240.37 "42'44"E 153.49' "22'51"W 282.80' 10'02"E 248.77' 32'28"E 138 7T x10'28"E 233,13' I'S6'35"E 268,70' 1'00'00"W 252.04' CURVE DATA CURVE C 1 d 101'52'44" RADIUS 50,00' ARC TANGENT 94,14' 68.67' CHORQ 80.84 CHORD QEARING N 03'11 54 E DNI RANCH: 106.8 ACRES C 3 49'07~20~ 0. 0' 142.8' 122 85' 4~ 5T S 24'3J'40' E VCHE CAVES RANCH UNIT II . 4 Pg. 209 (Plat Records) 'nrt0i 13.60 ACRES ~M< b~ NOTE: 0.08 acre not included in the description of 174.94 Robbins to Walley Vol. 937 Pg. 787 c°n or 53.75 acre tracts (Real Property Rernrds) 02/18/98 FLANGE RAVINE ROAD 53.75 ACRES Motheny to Matheny \ (30 Ft. Wide Public Raed Easement) Yol. 259 Pg. 30 (Deed Records) f a 03/16/82 N15'17'0~"E m 395.10 ~, \ 13.18 ACRES a 3 Henderson to Carlson ro H \ V ' ol. 180 Pg. 536 b ~ - - - - rn<.~ Rw~,,.na ~,~ - -- --. I VOLUME PAGE REF. N0. ...~ } q r 4 ~~r r;+ ~ ~ + _ l~t ~p kaalil l 'l'~~ 1 hl ' ~:( tr ~ C ~ ~ / /, y fir' t~ r s ~v/f ~s / ~' l/I ,L ~ 9 c ~~ ~~ Iii l! / 1 ~ aI~ fi !~ ~~~ Ni i~ ~J .~~.~ ~~ ~. y ~ ~~/01 '/ \ 1~~ \' 1, •~- ~ ! 1+ tic -r` ~ .''~y~d ti' -~\-,~~1' ~ it ~~' ' l f' y) ~ ~ { ! w ''~ ~ ( ~ ii .~ ~1 ~ t ~ - . ~ 1 VICINITY MAP SCALE: 1" = 2000' ely st\ O 15.00 ACRES m .N ~ 18 ~ 757.87' n n O ry N90'00'00"E ;15.00 ACRES ~' „" ~~ f 8 ~, ~ 15.00 ACRES ----~ - 15.00 ACRES I~ x~ 304 x ;.ill ~ lti ~ 1~1 I '.''~ ~.5~'f CURVE DATA ~`"'~ v ~ /! ~ ~ / 4~ ~ ~L CURVE d RADIUS ARC TANGENT CHOR CHORD ING ~` ~ ~ f Irk` ~ `(r ~ ~~~"~ A C 1 10T52'44" 50.00 94.14' 68.67' 8D.84Q N 03'11~54~'E a!l r ~~~~ `"`~ ' l 111; U~ \~ r~ ~., ~~• j/~~s " ONI RANCH: 106.8 ACRES C 3 4507~2pt 50 D~0' 142.87' 122.85' 4.57' S 24'33 40"E i< co CHE CAVES RANCH UNIT II VICINITY MAP SCALE: 1" _; V I. 4 Pg. 209 (Plot Records) 589'45'23"E 571.16' x x- 3 "~~ 13.60 ACRES ® x~a NOTE: 0.08 acre rwt included Robbins to Worley bn in the description of 174.94 Vol. 937 Pg. 787 16.72 ACRES $ or 53.75 acre track {Real Property Records) 02/18/98 L 5\ FLANGE RAVINE ROAD L 6 ~ 53.75 ACRES ~ (30 Ft. tYde Public Road Eosement) n ~. Malheny to Motheny n L 7 Vol. 259 Pg. 30 (Deed Records} Nxrn 03/16/82 N1395'DO"~ ~ \ M ~ 13.18 ACRES ~ ~ ~ Henderson to Codson ~ ry ,3 3 Vol. 160 Pg. 536 g"'ro' y ~a ° { 0 % J/75 s} L 1~ ry ~ 9.08 ACRES Vlasek to Salentine ,y°+,y0~ nxb Q°~~ ~9 0 " > Vol. 673 Pg. 509 h at N y"x' p ~ (Reol Property Records) x L 32 C2 n 588'54'20"E 17 9.77' ~ 7ryry~"^ D1/12/93 X 878.8T`x X---~~-x 588'48'52"E 1097.33' 15.68 ACRES 15.02 ACRES 1511.23' ,^~ 0 n 15,00 ACRES O 15.63 ACRES HERMOSA ROAD ~S1P ~\ PROPOSED 60 FT. WIDE PRNATE ROAD 0 \ 17.92 ACRES O 15.50 ACRES 123.59 ACRES Moore to Deering Val. 1055 Pg. 76 (Reol Property Records) 03/13/00 37.44 ACRES Powell to Powell Vol. 1001 Pg. 725 3 (Reol POro~27~99ecords) °i~ Q°~~`; ~°i~ a°~~~~ GENERAL NOTES: 1. The property shown hereon is in Zone X and Zone X (shaded) according to the FIRM for Kerr County. Map No.: 48265C0250E Map Dote: Juy 19, 2000 2. The property shown hereon is in the Hunt SCALE: 1" = 400' o zoo aoo 600 12oc GRAPHIC SCALE, FEET LEGEND o FENCEPOSI • FOUND K' IRON STAKE ~ SEf ~' IRON STAKE -X-FENCE l1NE -_--FATENI SURVEY LINE FINAL PLAT FOR ~~~®~~ A SUBDIVISION CONTAINING 177.92 ~ LAND, MORE OR LESS, OUT OF ORIGINI SURVEYS IN KERR COUNTY, TEXAS AS SURVEY N0. SURVEY ABSTRACT N0. ~y'b0e~ , I N ~~~ 06/13/75 ~ 1. to a.ua M:nts Vlosek to Salentine a rosy Kerr County Judge ,5g~i' ~xb y ai ~ Qe, ° b A u ~ yy' Vol. 673 Pg. 509 (Real Property Records) L 32 C2 n 588'54'20"E ry 7T y ~ yM 17 9 ry 01/12/93 I do hereby certify Ihd tho subdivision potted hereon X 878•87*'--X . X-.--_,~X -' 588'48'52"E 1097.33' does not include areas within o desigrwted 100- 870,90 X-~--~~x yea flood hozad zone according 1o Flood Insur- a N once Rate Map No. 48265C0250E, doted July 19, 2000 for Kerc County Texas. J ~ O w 9 ^^ , , And I have reviewed and acknowledged the foe- x la °o n ib 3 ' 1 O gdng statement os applicoGe to the Kerr County ~ ~ L 20 15.00 ACRES o ro ~ 15.02 ACRES ~ Flood Damage Preveniian Order. `'v b ~ ^~ 15.63 ACRES Doted this _ day of 2004. a L 25 f r ~ °z 7i ry ao N ~.. IS ' y o ~ 5 3 ,~ O 757.67 • ' " 753.56' ~ ' , 39 78 "E om mims ra a n ti ~ Nso oo oo E 1511.23 w ,ry HERMOSA ROAD SW '" " on RANCH COMANCHE CAVES RANCH UNIT II 15.00 ACRES i. m v ~ a " PROPOSED 80 FF. WIDE Vol. 4 Pg. 209 (Plot Records) ~ " f f O ,~h PRNATE ROAD I hereby cerlily that this plot is on accurate representation of the ro ert shown d d ib d h d t i d b b am °' 15.00 ACRES z° 3 $ y ,u85.12 , W ~ '2 17.92 ACRES p p y an escr e ereon os erm e ne y o survey d Bpfs OB, ~ 515 g4 o SB8' mo e on the ground under my direction and supervision, except no surve wa m d t t bli h P t t S li ,T ~ 42 08 W 9.2 38 /~ O3 y s a e o rees a s urvey a en nes or corners and that all r rl h x ,yt ~ 5 ~ 325.55' ~ ' r ' ~ F 9 3' p ope y corners are os s own. (Bearing basis -True north based on GPS observations) y 0y y'`o < 89'25'49' ~ 2y 365 33' b s ~ O 3 ~0~ ~ t ~ . + °' O 15.50 ACRES 4 Dated this _ day of , 2004. o 5 ~ 15 , x'' .00 ACRES 39 171.61 Lee C V lk l 15.00 ACRES h . _ 15.68 ACRES ~, ~ ,~ • 1 x . oe e Registered Professional Land Surveyor No. 3909 a by ,y 0y o iv Couniy Surveyor for Kerr County, Texas yyti^,y o ~1A. X ~ v, x tt x~ " 38t1.32~ to*R4i4tii W K g1S~, #***AAtAif MA*Ae*AfaAA*~Ilf ~,3p 12 123.59 ACRES ' X Moore to Deering APPROVED by the COMMISSIONERS COURT OF KERR COUNTY, TEWS ~ 5A~ Vd. 1055 Pg. 76 GENERAL 4 30 % (Red Property Records) on the _ day of , 2004 by Order No. 03/13/00 1. The property shoe and Zone X (shc FIRM for Kerr Cc FILED for RECORD on the _ of 2004 ~ x Mop No.: 48265( p a J w I 2. The pro perty st v - of _ D'clock . M. Independent Schc 3. The proposed roa OWNER: Frank and Lea Ann Vlasek Rood SW) will be RECORDED on the _ day of 2004 at 2249 RWling Creek Spring Branch, TX 78070 by the developer, 4. Price to construct SURVEYOR: Lee C. Voelkel shill contact Ker _ O'clock _. M. in Volume 7 at Pages _ through _ 212 Cby St. Kerrville, TX 78028 Representative to improvement(s) v criteria. NI bts of the Plol Records of Kerr County, Texas required to comf OSSF regulations Janneti Pieper, Nerr County Clerk V-3958 x n ~~-. ~. ~~ ~ b Q= ~ o N M $t x 87- 8 B---T- O L 20 15.00 ACRES 25 ~ ~ N 1 18 ' ~ ~~ 15.00 ACRES ES 15,68 ACRES b -v .~~ ~~ r vwsex w nalenune 0 ~ ^ Vol. 673 Pg. 509 ~ ~"~' >F ~ (Real Property Records) a m ^3 R^' ~~~ 01/12/93 17 9.77' ~ ti ~ S88'48'S2"E 1097.33' x 670.90 x x x ~ O N 3 ~~ 1 15.02 ACRES e~oa, "~° 15.63 ACRES 1511 v N $se, t r60 93 ~f J 15.50 ACRES x ~. S76.3q, x~ 37.44 ACRES 1339 ~g "f ° Powell to Powell HERMOSA ROAD SW ~ (Real Property Reco ds) PROPOSED 60 FT. WIDE 3 01/27/99 PRNATE ROAD O n 17.92 ACRES " 15,00 ACRES 1i7! ~9 Q=~~(~ ~~ Q=~ ~~ SCALE: 1" = 400' o zoo 4oD eoo 1200 GRAPHIC SCALE, FEET LEGEND o fENCEPOST • FOUND Yew IRON STAKE p SET '¢' IRON STAKE -z-FENCE UNE - - - ('ATEM SURVEY LINE FINAL PLAT FOR ®~1 ]l 123.59 ACRES Moore to Deering Vol. 1055 Pg. 76 (Real 0~3 00 cords} OWNER: Frank and Leo Mn Vlosek 2249 Rdling Creek Spring Branch, TX 78070 SURVEYOR: Lee C. Voelkel 212 Cloy St. Kerrville, TX 78028 GENERAL NOTES: 1. The properly shown hereon is in Zone X and Zone X (shaded) according to the FIRM for Kerr County. Map No.: 48265C0250E Map Date: July 19, 2000 2. The property shown hereon is in the Hunt IMependent School District. 3. The proposed road shown hereon (Hermosa Rood SW) will be a private road maintained by the devebper/property owrnrs. 4. Prior to construction on any lot, the owner shall contact Kerr County OSSF Designated Representative to determine it the proposed improvement(s) will meet the exemption criteria. All lots in this subdivisan are required to comply with all current and future OSSF regulations adopted by Kerr County. A SUBDIVISION CONTAINING 177.92 ACRES OF LAND, MORE OR LESS, OUT OF ORIGINAL PATENT SURVEYS IN KERR COUNTY, TEXAS AS FOLLOWS: SURVEY N0. SURVEY ABSTRACT N0. ACRES 609 H. LANCE 234 2.98 N. ~ 1446 C. d1 M. R.R. CO. 2026 148.06 S.141446 C. dL M. R.R. CO. 1726 26.88 MAY 2004 ~VUINtS~W~~ ~ ~NJWV ~ U ~~ x•"'~•aroso 212 CiAY STREET, KFRRYIIE, TEXAS Mate, e3a-2S7-3313 1 a i