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Amending Article 4, subsection (b)

In force recorded instrument; no later repeal found in 217 docs

File: feesfenceout.pdf · Recording: 2012-12034895 · Document date: — · Effective: 2012-12-04 · Pages: 8

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YolPs 12034895 OFR4499 600 Elliott Ranch Fee Resolution and Updated Guidelines Inclusions: Improvement Application Fee Resolution Fence Guidelines Outbuilding Guidelines

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Ps Innprovement Application Fee Resolution 120348950FR 4499 601 WHEREAS Article 4, subsection (b) of the Amended and Restated Declarations of Covenants and Restrictions ("DCRs") for Elliott Ranch states that no improvement shall be constructed on any lot within Elliott Ranch without the approval of the Architectural Control Committee ("ACC")"as to the quality of workmanship and materials, harmony of external design with the existing improvements, and as to the location with respect to topography and finished grade elevations;"and WHEREAS in its efforts to carry out its duties to ensure that improvements meet the standards set forth in Article 4, subsection (b), the ACC has instituted a post-completion inspection and compliance procedure; and WHEREAS the efficacy of that procedure will be enhanced by the implementation of an application fee for improvements; and WHEREAS Article 4, subsection (b) grants the ACC the power to "require the payment by each applicant of a fee in the amount as established from time to time by the Committee to its review and approval of such Plans"for improvements; The ACC hereby enacts the below Improvement Application Fees effective January 1, 2013. These fees are intended to assist the ACC and the Elliott Ranch HOA Board in ensuring that the DCRs are upheld with regard to improvements constructed in the community. Fee Schedule Improvement Fee $250 Fencing Outbuilding less 200sq.ft. $500 $1000 Outbuilding between 200 sq.ft.and 500 sg.ft. Outbuilding 500sq.ft.or larger $2000 Pools $2000 $500 Pergola/OutdoorKitchen/Patio extensions Additions and/or material modifications to existing structures $2000 Projects to Which More than One Fee is Applicable If a projcct involves mnore than one of the above items as part of a single project (i.e. pool with patio extension) a homeowner need only pay the a single application fee equal to that of the larger applicable fee. The ACC reserves the right to reasonably classify projects based upon their content and not the description or name that a homeowner may ascribe to the project.

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Conditional Refund of Fee As the intent of the fee is only to ensure that the DCRs are upheld and that a meaningful inspection program may be carried forth, in the event that the project is completed in ACC, the fee will be refunded less any professionals fees that are reasonably incurred to determine that the project is in compliance. APPROVED this 14th day of November, 2012, by unanimous vote of the ACC. Apprevel and klae CAceotuu JURAT: HO Seare ta The State of Texas County of Hays Subscribed and sworn to before me on this day of December, 2012by SYACAREA STATUCPUAS (Seal) (Notary's Signathre) Notary Public,State of Texas

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12034895 0PK4499 663 Elliott Ranch Acc Fence Guidelines Approved-1/16/2012 All fences need to be approved in advance of installation by the Elliott Ranch Architectural Control Committee (Acc). Instructions for submittal of requests may be found on the web site or via Alliance. This document provides guidelines as to what is generally acceptable fencing in the Elliott Ranch subdivision, per the CcR's; however, the final approval of any installation resides with the AcC, which may take into account factors specific to each situation that will modify or supercede these guidelines. 1. All fence requests must be submitted to the AcC with the praposed installation location marked on a copy of your survey plot. It is the individual homeowner's responsibility to comply with all governmental codes and regulations pertaining to easements and other constraints. Approval of a submitted request in no way implies that the Acc has investigated these matters or agrees a proposed project meets governmental requirements. The AcC reviews these projects for location and aesthetics only. On your submittal to the AcC, please indicate that you have coordinated your proposed fence withiall adjacent neighbors. If they have no objections, please so indicate. If some object, provide names so the Acc may contact them and hear their views. Objections to conforming proposals will not result in rejections of requests. 3. In Phase 1-3-No fences will be permitted beyond the front corner of a home. Phase 4 -Fences beyond the rear corner of the home will be evaluated on a case by case bases but again will not bepermitted to go beyond the front cornerof the home. 4. Alleys may not be created between two fences. If a neighbor already has a fence along a property line, you must attempt to tie into that fence with his permission. 5. Fences may not be focated in a dralnage or flood zone as indicated on a survey plots. 6.Types of Fencing Permitted a.Wrought Iron Fencing i.Must be painted blackin color b.Wooden Fencing i. All wood fences shall be constructed of either cedar or pressure treated wood. i. Framing and support structures for wood fences must face the interior of the property,and any finished side of fencing material must face outside the property.

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Vol 120348950FR 4499 604 ili. Fences must be stained and or treated with a natural finish to prevent graying c.ConcreteFencing i. Concrete must be stained to present a natural appearance. d.Steel/ChainLink i.Chain Link must bea colored vinyl variety. 7.Types of Fencing SpecificallyProhibited a. Barbed Wire,T-Bar Post, Hog Wire, Chicken Wire, Vinyl, Electrical 8. The fence can bea minimum of 48" high at the lowest point up to 72" high at the highest point. For heights above 72", a special request and approval will need to be granted. 9. Do not install the fence flush to the ground as it can obstruct water drainage and flow across your yard. For questions oradditionalinformation, pleaseicontact Allianceat: 115Wild BasinRoadSuite308 Austin,TX78746 p:512-328-6100

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Vol 12034895OFR 4499 605 OUTBUILDING GUIDELINES WHEREAS Article 4, subsection (b) of the Amended and Restated Declarations of Covenants and Restrictions ("DCRs) for Elliott Ranch states that no improvement shall be constructed on any lot within Elliott Ranch without the approval of the Architectural Control Committee ("ACC)as to the quality of workmanship and materials, harmony of external design with the existing improvements, and as to the location with respect to topography and finished grade elevations:" WHEREAS outbuildings can have a significant effect on the appearance of our community, have the propensity to effect the value of not only the lot on which they are constructed but also adjacent lots, and have been a source of difficulties in our community; WHEREAS the effect referenced in the above paragraph are highly influenced by the size and location of the structure; WHEREAS the DCR's fail to provide specific guidelines with regard to outbuildings; and WHEREAS the ACC wishes to provide guidelines for the construction of outbuilding in this community to enhance consistency and fairness in the process; The ACC hereby enacts the below Outbuilding Guidelines effective January 1, 2012. These guidelines are to supplement the decision making process of the ACC and do not supercede or replace any covenant, restrictions, or conditions in the DCR's. For all outbuildings the following conditions will apply: Roofing materials are to match the color and type used on the main dwelling. All necessary permits must beobtained No metal buildings will be approved that exceed 250 sq. ft. For outbuildings less than 200 sq. ft. the following additional conditions apply: The building must be screened from view of the private strcet cither by topography or appropriate vegetation, or the exterior of the structure must match that of the existing structure on at least three sides For outbuildings greater than 200 sq. ft. and less than 500 sq. ft. the following additional conditionsapply: The building is to be constructed on a concrete foundation. The building must be screened from view of the private street either by topography or appropriate vegetation; or the exterior of the structure must match that of the existing structure on at least three sides

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120348950 Roof pitch must be at least 6/12 If the building is to haveelectric or plumbing, full architectural plans must be subrnitted For outbuildings greater than 500 sq. ft. the following conditions apply: The building is to be constructed on a concrete foundation. The building must be masonry on three sides which matches the primary structure on the lot; A landscaping plan must be submitted with any application for an outbuilding of this size; Theroof is to haveat lecast an 8/12 pitch; Full architectural plans must be submitted for outbuilding in this category No metal buildings will be approved that exceed 500 sq, ft.

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Hays County Liz Q: Gonzalez DECEIVE County Clerk NDECY12012 SanMarcos,Texas 78666 70 201212034895 Instrument Number: 2012-12034895 As Recorded On: December 04,2012 OPR RECORDINGS Parties: ELLIOTT RANCH Billable Pages: 7 To Number of Pages:8 Comment: (Parties listed aboveare forClerks referenceonly) ** Examined and Charged as Follows: ** OPR RECORDINGS 40.00 Total Recording: 40.00 ********** DO NOT REMOVE.THIS PAGE IS PART OF THE INSTRUMENT********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Dacurnent Number:2012-12034895 Receipt Number:321712 ALLIANCE RecordedDate/Time:December04,201201:27:51P ATTN:MONIQUEWILLIAMS Book-Vol/Pg:BK-OPR VL-4499 PG-599 115WILDBASINRD STE308 User / Station: C Rodriguez -Cashering #2 AUSTINTX78746 State of Texas County or Hnys Ihereby certily thut this instrumeni was mled forrecorlinmy umice on the dute mnd time sumped heruonund wns recordcd onlhevolune und puge orilie nunec reuords ofHnvsCounty,Texas Liz Q.Gonzalez, County CLerk

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