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DOC #2018073446 Pages 72
SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS |
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
The undersigned, being the Authorized Representative for Thousand Oaks Property Owners Association, Inc. (the “Association”), a property owner’s association as defined in Section
202.001 of the Texas Property Code, hereby supplements the “Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” and “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” filed of record in the Official Public Records of Real Property of Montgomery County, Texas under County Clerk’s File Nos. 2013070125, 2015003583, 2016108303 and 2017025558 ("Notice"), which Notice was filed of record for the purpose of complying with Section
202.006 of the Texas Property Code.
Additional Dedicatory Instrument. In addition to the Dedicatory Instruments identified in the Notice, the following document is a Dedicatory Instrument governing the Association:
¢ Certificate of Thousand Oaks Property Owners Association, Inc. adopting Commercial Guidelines [Applicable to Reserve E of Thousand Oaks, Section one (i)].
A true and correct copy of such Dedicatory Instrument is attached to this Supplemental Notice.
This Supplemental Notice is being recorded in the Official Public Records of Real Property .. of Montgomery County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true
anc correct and that the copy of the Dedicatory Instrument attached to this Notice is a true and correct copy of the original.
Executed on this 31s day of July, 2018.
THOUSAND OAKS PR pany OWNERS
ASSOCIATION, INC. /
By: [I
__ Cliff Davis, Authorized Representative
Supplemental Notice of Dedicatory Instruments for Thousand Oaks “Page 1 of 2
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THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned notary public, on this 31% day of July, 2018 personally appeared Cliff Davis, Authorized Representative of Thousand Oaks Property Owners
Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the
capacity therein expressed. Crh 4 oa Notary Public in and 6-4ive Slate of Texas
equ gssesssssenessnny my SUSAN B KRYGER @ at wD N2OIMdT F
NOTARY
Supplemental Notice of Dedicatory Instruments for Thousand Oaks : : Page 2 of 2
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CERTIFICATE
of
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
adopting
COMMERCIAL GUIDELINES
[Applicable to Reserve E of Thousand Oaks, Section One (1)]
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
We the undersigned, being at least a majority of the members of the Board of Directors (“Board”) and the Architectural Control Committee (“ACC”) of Thousand Oaks Property Owners Association, Inc., a Texas non-profit corporation (“Association”) do by this writing approve the following resolution:
WHEREAS, Article IIL Section 1 of the instrument entitled “Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section I’ recorded in the Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File No, 99052262 (“Declaration”), as amended by the that instrument entitled, “Fourth Amendment to Declaration of Covenants, Conditions and Restrictions of Thousand Oaks Estates Subdivision Section I” recorded in the Official Public Records of Real Property of ACC may prepare and provide residential lot owners and Reserve E tract owners with guidelines for new construction and improvements which will be part of the Declaration; and
WHEREAS, the ACC has approved the Commercial Guidelines governing the construction and use of the commercial property in Thousand Oaks, Section One (1) (“Guidelines”) attached hereto; and
WHEREAS, Section 204.010(a)(18) of the Texas Property Code empowers the Association, acting through its Board of Directors, to implement written guidelines and modify them as the needs of the subdivision change; and
WHEREAS, a majority of the members of the Board join in signing this document to evidence the Board’s approval to adopt and record the Guidelines as a dedicatory instrument of the Association.
NOW, THEREFORE, BE IT RESOLVED, the Guidelines attached hereto and incorporated herein have been adopted.
The Guidelines will be effective as of the date it is filed in the Official Public Records of Real Property of Montgomery County, Texas.
Certificate of Thousand Oaks Property Owners Association, Inc. adopting Commercial Guidelines Page 1 of 2
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THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
ARCHITECTURAL CONTROL COMMITTEE
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Certificate of Thousand Onks Property Owners Association, Inc. adopting Commercial Guidelines Page 2 of 2
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Thousand Oaks Property Owners Association, Inc.
Commercial Guidelines
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TABLE OF CONTENTS
I GENERAL INFORMATION 1
1.1 Introduction
1.2 Intent
1.3 Basic Architectural Control
1.4 Codes
1.5 Use Restrictions
1.6 Local, State and Federal Law
1.7 Guidelines
1.8 Definitions
I. PLAN / REVIEW / INSPECTIONS / PERMITS 8
2.1 General Information
2.2 Limited Authority of the Architectural Control Committee; Owner’s Responsibility 2.3. Applications
2.4 Plan Review Process
2.5 Certificate of Completion/Compliance
2.6 Variances 2.7. Automatic Disapproval
2.8 Automatic Approval
Ml. CONSTRUCTION 14
3.1 Construction Requirements
3.2 Objectionable Effects of Construction Upon Neighboring Sites
IV. DEVELOPMENT STANDARDS 18
4.1 Site Development
4.2 Building Design
4.3 Drives and Parking 44 Loading and Maneuvering
4.5 Storage
4.6 Screening and Fences
4.7 Towers
4.8 Sidewalks and Pathways
Vv. LANDSCAPING 27
5.1 Introduction
5.2 Pre-Landscape Installation 5.3. Plans and Installation
5.4 Maintenance
5.5 Vehicular Access
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Vi. SIGN STANDARDS
Objectives
General Requirements Permanent Signs Temporary Signs
Vil. MAINTENANCE
7.1 General 7.2. Emergency Repairs
Vill. UNSAFE BUILDINGS
8.1 General
8.2 Cure of Nuisance
IX. Noise and Light Pollution, Miscellaneous
APPENDICES
Appendix A Codes Appendix B_ Architect of Record’s Letter of Code Compliance Appendix C Architect of Record’s Letter of Completion Appendix D_ Certificate of Completion/Compliance Appendix E Recommended Species for Forest Preserve/Reforestation Appendix F Recommended Species for Formal Plantings Appendix G Release and Waiver of Liability Appendix H_ Privacy Fence and Optional Forest Preserve Diagram Appendix | Future Land Use, Project Identification and For Sale Signs Appendix J = Common Sound Levels in dBA Appendix K — Lighting Standards Appendix L through W Reserved for Future Expansion Appendix X Application Form Appendix Y Application Process Checklist Appendix Z Appendix/Paragraph Cross Reference
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I. GENERAL INFORMATION.
11 Introduction.
A. Thousand Oaks Estates, Sections One (1) through Four (4) are residential subdivisions located in Montgomery County Texas on FM 1488 east of the town of Magnolia that are under the jurisdiction of the Thousand Oaks Property Owners Association, Inc. (the Association”).
B. These Guidelines apply only to Reserve E, Thousand Oaks, Section One (1). Separate guidelines may apply to the residential properties under the jurisdiction of the Association. Please contact the Association’s management company if you have any questions.
1.2 Intent.
The intent of these Guidelines is to establish and document standards and guidelines for items requiring Architectural Control Committee (the “ACC”) approval.
Paragraphs ending with (CCR Article xx) are extracted in part or whole from the Declaration of Covenants, Conditions and Restrictions for Thousand Oaks Estates Subdivision, Section 1, (the “CCRs”) filed in the official Public Records of Real Property of Montgomery County, Texas, as amended. In the event of a conflict between these Guidelines and the CCRs as amended, the CCRs will control.
Per Article Ill, Section 1 of the CCR, these Guidelines are part of the CCRs.
1.3 Basic Architectural Control.
Article Ill of the CCRs outlines the authority of the Association’s Architectural Control committee (ACC).
The mission of the (ACC) is to, among other things:
(1) Ensure Owner compliance with the CCRs;
(2) Establish and promote a harmonious design for the community, and
(3) Protect property values by reviewing proposed projects in advance to confirm compliance with the CCRs.
No building, structure or external Improvements of any character shall be erected or changed until the necessary approval in writing has been received from the ACC. (CCR Article Ill, Section 1).
Approval shall be granted or withheld based on matters of compliance with the restrictive covenants [as that term is defined by Texas Property Code Section
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202.002(4)] applicable to the properties under the jurisdiction of the Association including, but not limited to, the CCRs and these Guidelines (hereinafter the “Restrictive Covenants”).
Any approval of an application, periodic inspection, or final inspection shall not be relied upon by any person or entity as confirmation of the sufficiency, suitability, fitness, workmanship, or quality of the design or construction of the Improvements. The ACC, the Association, nor any of their respective members, officers, directors, shareholders, employees, or agents shall be liable because of approval or non-approval of any structure, Improvement, change or alteration to a Site.
1.4 Codes.
See Appendix A for a list of the building and other codes which have been adopted by the ACC.
1.5. Use Restrictions. In addition to the Restrictive Covenants, restrictions on land use, building size and other matters may be found in other recorded instruments, such as the deed which transferred title to a particular Site.
1.6 Local, State, and Federal Law.
A. The Restrictive Covenants as well as city, county, state and federal laws and regulations (the “Applicable Law”), apply to each Site and all Improvements thereon.
B. The term “Applicable Law” includes the Montgomery County Fire Code.
C. All development and construction must comply with the Applicable Law. The
Restrictive Covenants are not intended to and do not permit any action prohibited by Applicable Law. Where the Restrictive Covenants contain requirements in addition to or more restrictive than the Applicable Law, the Restrictive Covenants will control.
1.7. Guidelines. A. These Guidelines have been adopted by the ACC pursuant to Article III, section
1 of the CCRs and apply to all development and construction on Reserve E, Thousand Oaks, Section One (1).
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B. These Guidelines may be updated, revised or otherwise amended from time to time. The most recent version is available at the Thousand Oaks Estates website: http://www.thousandoakspoa.com or by contacting the Association’s management company.
1.8 Definitions.
The following terms have the meanings assigned. Additional defined terms may be found in other sections of these Guidelines. The definition of a singular term includes the plural term. Unless otherwise defined herein, capitalized terms used in these Guidelines will have the same meaning assigned to them in the CCRs.
ACC or Committee: The Architectural Control Committee for the Thousand Oaks Property Owners Association, Inc.
Anchor Tenant: The primary Tenant in a shopping center designated by the landlord. There may be more than one (1) Anchor Tenant.
Application Examination Fee: Fee for Stage 3, Final Plan submission. See Sections 2.3.F (1)(2), 3.1.A (2), 3.1.4 (3).
Application Processing Fee: A fee charged for the submission of an ACC Application. Check with management company for current fee amount.
Applicable Law: See Section 1.6.A. — Local, State and Federal Law Approved: Item or matter approved by the ACC or authorized designee. Architect: An architect that is licensed to practice in the State of Texas.
Architect of Record: The Architect whose seal and stamp are affixed to the final set of Plans presented to the ACC and who, as the agent of the Owner, requests all approvals of the ACC.
Architect of Record’s Letter of Code Compliance: A letter signed, sealed and presented by the Architect of Record to the ACC with the final Plans prior to the Commencement of Construction that states that the Improvement has been designed in accordance with and is in compliance with the Codes, the Restrictive Covenants and the Applicable Law. See Appendix B.
Architect of Record’s Letter of Completion: A letter signed, sealed and presented by the Architect of Record to the ACC after the completion of construction of the Improvement that certifies that the Improvement has been constructed in compliance with the Approved final Plans, the Codes, the Restrictive Covenants and Applicable
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Law. No Improvement may be occupied or used until an Architect of Record’s Letter of Completion is furnished to the ACC and a Certificate of Completion/Compliance is Approved. See Appendix C.
Building Setback: A line parallel or approximately parallel to the Street Right-of-Way or Property Line at a specified distance therefrom marking the minimum distance from the Street Right-of-Way or Property Line that any buildings may be constructed. See Section 4.1.E.
Building Sign: Any Sign attached to any portion of a building that is intended to identify the building name or one (1) or more Tenants of the building. See Section 6.3.B.
Certificate of Completion/Compliance: A written certificate issued by the ACC after completion of construction of an Improvement and after receipt of the Architect of Record’s Letter of Completion. No Certificate of Completion/Compliance shall be issued unless the Architect of Record’s Letter of Completion is acceptable to the ACC. A Certificate of Completion/Compliance may be issued on one (1) or more phases of a multi-phase Improvement or upon final completion of the Improvement. See Appendix D.
Clearing Plan: See Section 2.3.E. (5).
Codes: The building and related codes adopted by the ACC. See Appendix A.
Commencement of Construction: The commencement of the pouring of a slab or footers for a slab on a Site for the construction of Improvements.
Commercial Use: The use of a Site or of an Improvement for one or more of the following purposes: retail, office or service.
Compliance Deposit: See Section 2.3.G. Concept Plan Application: See Section 2.3.D (1). Covenants: The Restrictive Covenants as defined in Section 1.3 above.
Directional Sign: A Sign that provides information about loading, delivery and service areas, fire zones and internal traffic flow patterns. See Section 6.3.B (5).
Disapproved: Item or matter disapproved by the ACC or authorized designee.
Easement: See Section 4.1.D. (1).
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Engineer: Any number of professional engineers as certified by the State of Texas and listed by the Texas Board of Professional Engineers (TBPE) at http://engineers.texas.gov.
Final Plan Application: See Section 2.3.D. (3).
Forest Preserve: A strip of land between a Property Line and a Paving Setback Line wherein existing natural vegetation may be retained, augmented, and/or Reforested. See Appendix H.
Front Lot/Property Line: Property boundary line which abuts a highway. In the case of a corner lot, the Front Lot Line will be designated by the ACC. See Section 4.1.E (1) (a).
Gross Building Area: The total constructed area of a building measured as provided in The Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-1996 or other BOMA standards deemed appropriate for the intended use) published by the Building Owners and Managers Association.
Improvement: (a) Work done to change functionality, change structure, or change appearance of a property, or (b) the result of such work, including buildings, roofed structures, parking areas, fences, walls, hedges, mass plantings, driveways, swimming pools, and any change in exterior construction, color, or shape of any structure.
Interior Lot Line: Lot line or lines common to the Site and another Site or street, provided that such lot line is not already designated as a rear lot line.
Initial Construction: The first construction of an Improvement on an undeveloped Site.
Landscape Pocket: Those areas on a Site where additional landscaping is required by the ACC as a condition of Plan Approval to meet open space requirements.
Multi-Tenant Retail Site: A shopping center without an Anchor Tenant that is comprised primarily of small retailers.
OSRV: Office of Standards, Regulations and Variances
https://www.msha.gov/about/program-areas/standards-regulations-and-variances
Owner: The Person holding record title to a Site.
Pad Site: A Tract located within a shopping center that has different ownership from the shopping center and typically has only one (1) Tenant. The buildings on a Pad Site
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are not physically connected to other buildings in the shopping center.
Paving Setback: A line parallel or approximately parallel to the Street Right-of-Way or to a Property Line at a specified distance therefrom marking the minimum distance from the Street Right-of-Way or Property Line that any impervious cover, such as pavement, parking surface and necessary maneuvering areas, may be constructed. See Section 4.1.E and Appendix H.
Penalty Fee: A fee for non-compliance of Thousand Oaks Guidelines and/or CCRs. See
Section 2.5.H.
Permitted Construction: Construction of drainage facilities, utility facilities, landscaping (including landscaped earthen berms), illumination, pathways, fences, directional and identification Signs, streets, driveways providing access to Improvements from adjacent public streets and selective thinning of the Forest Preserves for the creation of “view corridors” constructed or developed pursuant to Plans Approved by the ACC.
Person: A natural person or a legal entity such as a corporation, limited partnership or limited liability company.
Plans: Plans and specifications for an Improvement. Preliminary Plan Application: See Section 2.3.D. (2).
Primary Entrance: The main entrance into a Site which is typically divided by a landscape median.
Property Line: See Section 4.1.E. (1) and Appendix H.
Reforestation: To replant a depleted forest or to supplement a forested area. See Appendix E and Appendix F.
Review Period: See Section 2.5.C.
Setback Lines: See Section 4.1.E.
Sign: A display of a message, picture and/or logo located on a Site or in a building. Although the Covenants give the ACC the authority to regulate all Signs, at this time the ACC only regulates the following (See Section 6):
(i) Signs located on an undeveloped Site,
(ii) Directional Signs located on a Site,
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(iii) Signs located on the exterior of a building (including Signs located on the exterior or interior of the windows of a building) and,
(iv) Signs located on or in the interior of a building (including Signs which are and are not attached to the building) which can be clearly seen from the exterior of the building.
By limiting the current Guidelines to the regulation of the Signs described herein, the Thousand Oaks Estates ACC does not waive the right to regulate all Signs.
Single Family Lot: A Site used or restricted for use for a structure designed for residential use by a single family, but excluding apartments.
Site: Synonymous with the word “Tract” as defined in the Thousand Oaks Estates CCR’s. (CCR Section 1, Article 1.3).
Staff: Person or Persons designated by the ACC to review and act upon an item or matter Submitted for consideration to the ACC.
Street Lot Line: Side lot line of corner lot that is adjacent to a street.
Street Right-of-Way: The area between platted lot lines on one (1) side of a street and platted lot lines on the opposite side of the street, including the paved roadway, any median, islands or drainage ditch, if any, which has been dedicated to a county or other public body for public access, drainage, and/or utility purposes.
Submitted: Presented to the ACC or its designee for consideration.
Subsequent Construction: Changes to existing Improvements on a Site, including changes to landscaping and existing Signs, and installation of new Signs, which occur subsequent to Initial Construction.
Subsequent Inspection: An inspection following an initial inspection during which a violation was noted, or after a notice of violation is sent and the cure period set out in
the notice, if any, has expired, to determine if the violation has been cured.
Subsequent Inspection Fee: A fee established by the ACC for Subsequent Inspections. Fee is deducted from Compliance Deposit. See Sections 2.3.G(2) and 2.5.F.
Tenant: Holder of a leasehold estate in a Site pursuant to a written or oral lease agreement.
Tower: A communication tower or cell tower. See Section 4.7.
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Tract: Any plot of land as is divided or re-divided within the Project. Section 1, Article |,
Section 3. Also synonymous with “Site” in this Definition section.
Il. PLAN REVIEW / INSPECTIONS / PERMITS.
2.1 General Information.
A. The ACC Guidelines provide that no Improvement will commence unless a complete set of Plans has been Submitted and Approved. Notwithstanding this general requirement, minor Subsequent Construction may be Approved by Staff without ACC action upon receipt of a completed application and Staff verification that the proposed Improvement is in compliance with these Guidelines.
B. All Approvals, including those which are to be granted on a case-by-case basis under these Guidelines, shall be given on a consistent and non-discriminatory basis, and are based upon, among other things, conformity and harmony of external design with neighboring structures, effect of location and use of Improvements on neighboring Sites, proper orientation of main elevation with respect to nearby streets, traffic, parking, circulation, landscaping and conformity of Plans to the intent of the Guidelines.
C. All Improvements must be designed and built in accordance with the Guidelines, the Codes and Applicable Law.
D. The ACC has the authority to stop construction in the event any requirement of the Guidelines has been violated.
2.2 Limited Authority of the Architectural Control Committee; Owner’s Responsibility.
A. The ACC has the authority to determine if Improvements comply with the Restrictive Covenants.
B. The ACC will not determine if Improvements comply with the Codes and Applicable Law.
C. The Owner is solely responsible for ensuring that Improvements comply with the Codes and Applicable Law and with obtaining all approvals and inspections required thereby.
2.3 Applications.
A. The Owner must Submit the appropriate application to the ACC or its designee
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for all proposed Initial Construction and Subsequent Construction; provided, however, that interior alterations which are not visible from the exterior of a building are not required to be Submitted or Approved, but are required to comply with the Codes and the requirements of Applicable Law. See Appendix A.
Applications are available online at www.thousandoakspoa.com or its designee. See Appendix X.
Applications must be completed and presented in accordance with the instructions in these Guidelines and on the promulgated application forms to the ACC or its designee. Any missing or incomplete information or documents may delay review of an application.
Types of Applications. The following applications are required for Initial Construction and may be required for Subsequent Construction. See Appendix X (Application Form) and Appendix Y (Application Form Checklist) for more information.
(1) Concept Plan Application; (Stage 1 of Application process. Application Processing Fee required. See Appendix Y-1).
(2) Preliminary Plan Application; (Stage 2 of Application process. Application Processing Fee required. See Appendix Y-1).
(3) Final Plan Application; (Stage 3 of Application process. Application Examination Fee, Application Processing Fee and Compliance Deposit required. See 2.3.F(1)(2), 2.3.G and Appendix Y-2).
Information and Documents. The following is a list of information and documents that may be required:
(1) All information and attachments required by these Guidelines and noted on the appropriate Application must be provided and attached. See Appendix X.
(2) A master plan for a Site is required for projects with more than one (1) phase of construction (example: shopping centers) and must be presented with the Concept Plan Application. Subsequent applications must include the originally Approved master plan and any proposed changes.
(3) Landscape Plans and Irrigation Plans (if applicable) must be Approved by the ACC.
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(4)
(5)
(6)
(7)
The official seal and signature of the Architect of Record or Engineer must appear on the Final Plans and on the Letter of Code of Compliance. See Appendix B.
A “Clearing Plan” must be Submitted and Approved prior to any clearing. This plan should be included with the Final Plan Application as an attachment. The Clearing Plan should show the clearing limits. See
Section 3.1.D and privacy fence Section 3.1.G.
The “Site Grading Plan” will be reviewed in connection with the Preliminary Plan Application to ensure that no changes will occur in water flow and drainage due to grade changes required from building
or parking areas.
Plans for the following types of construction must be prepared by an Architect:
(a) Initial Construction;
(b) Subsequent Construction of Improvements greater than 1,000 square feet in Gross Building Area; and
(c) Subsequent Construction of Improvements of less than 1,000 square feet in Gross Building Area where the project includes:
(i) Improvements attached to an existing building with a roofed area that is greater than 200 square feet,
(ii) a floored area elevated more than 30 inches above natural grade,
(iii) structural remodeling.
NOTE: The Architect, assisted by Engineers, if any, shall be solely responsible for the acceptability, sufficiency and safety of structural, mechanical, and electrical systems in the Improvements. The ACC does not review or Approve these elements.
Application Examination Fee.
(1)
The Application Examination Fee as of the Effective Date of these
Guidelines is the greater of $200.00 or $0.10 times the number of square feet of Gross Building Area of the Improvements as determined
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(2)
by the Architect of Record and Approved. All checks should be made payable to “Thousand Oaks POA”. See Appendix X.
Please contact the management company for the current Application Processing Fee amount. All checks should be made payable to “Thousand Oaks POA”.
Compliance Deposit.
(1)
(2)
(3)
In addition to the Application Examination Fee, the ACC requires the Owner to post a $2000.00 Compliance Deposit for both Initial Construction and Subsequent Construction. All checks should be made payable to “Thousand Oaks POA”. See Appendix X and Appendix Y.
Within sixty (60) days following the issuance of a Certificate of Completion/Compliance (Appendix D and Section 2.5) by the ACC, the ACC shall refund the Compliance Deposit to the Owner less such amounts as the ACC may determine are necessary to penalize the Owner for non-compliance with the Restrictive Covenants, conditions of Approval or Approved Plans, failure to obtain required inspections, and/or occupancy of the Improvement prior to the issuance of a Certificate of Completion/Compliance. See Appendix Y.
No interest shall be payable on the Compliance Deposit, the deposit may be co-mingled with other funds of the ACC and need not be deposited in a separate or escrow account. See Appendix Y.
Release and Waiver of Liability.
(1)
(2)
Each Owner Submitting an application for Approval of Plans must execute and deliver a Release and Waiver of Liability to the ACC in the form attached as Appendix G.
If an Owner does not execute and deliver a Release and Waiver of Liability to the ACC, the Owner, by Submitting an application for Approval of Plans, shall be deemed to have agreed to and accepted the Release and Waiver of Liability set out above as if the Owner had executed same and to have appointed the ACC as the Owner's attorney-in-fact with the power to execute a Release and Waiver of Liability on behalf of the Owner and to deliver same to the ACC.
2.4 Plan Review Process.
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Construction of an Improvement may not commence without the required plan review and Approval.
A.
TOPOA Commercial Guidelines
Initial Construction.
Initial Construction requires the following plan review and Approval by the ACC. Each plan review requires the submission of the appropriate application and all supporting documentation.
(1)
(2)
(3)
Concept Plan Review. Upon receipt of a complete Concept Plan Application and all required information and documentation, the ACC will review the application. A conceptual front elevation may be required. The Concept Plan Application must be Submitted and Approved prior to proceeding to Preliminary Plan Review. See Appendix X and Appendix Y.
Preliminary Plan Review. After Approval of the Concept Plan Application and upon receipt of a complete Preliminary Plan Application and all required information and documentation, the ACC will review the application. The Preliminary Plan Application must be Submitted and Approved prior to proceeding with the Final Plan Review. See Appendix X and Appendix Y.
Final Plan Review. After Approval of the Preliminary Plan Application and upon receipt of a complete Final Plan Application, all required information and documentation, including electrical, plumbing, structural, and architectural and landscape plans for all proposed exterior and interior Improvements, the Architect of Record’s Letter of Code Compliance, the Application Examination Fee, and the Compliance Deposit, the ACC will review the Final Plan Application. The Final Plan Application must be Submitted and Approved before the Commencement of Construction on the Site. See Appendix X and Appendix Y. Note: Date of Final Plan Approval should be noted for use on Appendix C and Appendix D.
Subsequent Construction.
Plan review by the ACC is required for Subsequent Construction. Concept Plan Review, Preliminary Plan Review and Final Plan Review for a specific project, as well as payment of a Application Processing Fee, an Application Examination Fee, and Compliance Deposit will be required by the ACC.
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2.5 Certificate of Completion/Compliance. See Appendix D.
A.
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The ACC will issue a Certificate of Completion/Compliance if it determines (1) that the Architect of Record’s Letter of Completion for an Improvement is in the form required by Appendix C attached hereto and (2) that the exterior aesthetic portion of the Improvement complies with the Approved Plans.
To receive a refund of the Compliance Deposit, it is the responsibility of the Owner to deliver the Architect of Record’s Letter of Completion to the ACC.
After the ACC receives an Architect of Record’s Letter of Completion, the ACC shall have ten (10) business days (the “Review Period”) in which (1) to determine if the Architect of Record’s Letter of Completion complies with Appendix C and if the exterior aesthetic portion of the Improvement complies with the Approved Plans and (2) to notify the Owner of its decision.
If the ACC does not notify the Owner of its decision within the Review Period, then the ACC will be deemed to have Approved the issuance of a Certificate of Completion/Compliance and shall issue the Certificate upon the Owner’s request.
If the ACC determines that the Architect of Record’s Letter of Completion does not comply with Appendix C and/or that the exterior aesthetic portions of the Improvement do not comply with the Approved Plans and (b) notifies the Owner of its decision prior to the expiration of the Review Period, no Certificate of Completion/Compliance shall be issued unless the Owner cures the deficiencies set out in the notice to the reasonable satisfaction of the ACC.
The ACC will charge the Owner a $200.00 fee for each Subsequent Inspection of the Improvements or for consideration of any revisions to the Architect of Record’s Letter of Completion.
No Improvement may be occupied or opened to the public for business without a Certificate of Completion/Compliance issued by the ACC.
If an Improvement is opened to the public for business or is occupied without the Owner first obtaining a Certificate of Completion/Compliance, the ACC may cause the Owner to forfeit all or part of the Compliance Deposit and/or may impose a $200.00 Penalty Fee for each day the Improvement is open to the public or is occupied without a Certificate of Completion/Compliance in addition to pursuing its legal remedies.
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2.6 Variances.
A. The ACC may grant variances to these Guidelines at the sole discretion of the ACC when strict compliance would create an undue hardship by depriving the Owner or Tenant reasonable utilization of the Site, when unusual characteristics affect the Site making strict compliance unreasonable or when the variance constitutes a design Improvement.
B. The ACC will grant a variance only if the general purposes of these Guidelines are maintained.
Cc. A variance shall only apply to the specific Site or Improvement and conditions for which the variance was granted, and will in no respect constitute a change in or affect the terms or conditions of these Guidelines as they apply to other Sites, Improvements or conditions. All variances must be shown on the Final Plan Application.
D. The ACC shall use and apply the considerations in this Section when considering any request for a variance to these Guidelines on a consistent and non-discriminatory basis.
2.7 Automatic Disapproval.
If all required supporting documents are not received by the ACC or its designated
representative within thirty (30) days of receipt of the Application, the Application will
be Disapproved.
2.8 Automatic Approval. If the ACC or its designated representative has received all required supporting
documents and the ACC fails to take action within thirty (30) days, the Application will be Approved. (CCR Article III Section 4).
Il. CONSTRUCTION.
3.1 Construction Requirements. A. Commencement of Construction.
(1) If Commencement of Construction of a specific Improvement Approved by the ACC has not occurred within one (1) year from the date the ACC
Approved the Final Plans, Approval of the Final Plans shall be automatically deemed revoked at the end of the one (1) year period.
TOPOA Commercial Guidelines 14
Page 22 of 72 in the recorded document
(2)
(3)
(4)
An Owner may apply to the ACC for an extension of the one (1) year deadline for the Commencement of Construction no later than 60 days prior to the deadline. An additional Application Examination Fee and Application Processing Fee will be required.
If Plan is automatically disapproved as provided in Section 2.7, the Owner must re-apply for Approval of the Plans and will be charged an additional Application Examination Fee and Application Processing Fee. In addition, the Plans must comply with the Codes in effect at the time the new application is presented.
Before beginning construction, a permanent nine (9’) foot fence (including rot board above building grade and at the property line adjacent to private property) will be installed between the commercial and residential property owners. See Appendix H.
The nine (9’) foot fence with finished surface facing residential
properties must be constructed as follows:
e 6”x6” treated wooden posts cemented in, capable of supporting nine (9’) feet of fence above ground
e 2”x12” rot board (yields the first 1’ of elevation)
Four 2”x4” rails between posts
e 1”x6”x8’ Cedar Pickets (yields the final eight (8’) feet of fence providing a total of nine (9’) feet)
Completion of Construction.
After Commencement of Construction, the Owner must diligently pursue construction to completion within a reasonable time. Failure to complete construction within a reasonable time may result in forfeiture of all or part of the Compliance Deposit.
Construction Hours.
(1)
(2)
Hours of construction for exterior work are limited to:
(a) Monday through Friday: 7 a.m. to 8 p.m.
(b) Weekends and Holidays: 8 a.m. to 7 p.m.
The ACC must grant written Approval for exceptions to these
construction hours. All requests for exceptions will be considered ona case-by-case basis.
Page 23 of 72 in the recorded document
D. Clearing Limits.
The contractor shall ribbon off the Approved clearing limits with continuous white tape and call for a Site inspection prior to the commencement of actual clearing. The Owner is responsible for contacting the ACC to arrange a time to review the clearing tape in the field, and obtaining the issuance of clearing Approval by the ACC prior to any clearing activity. See Appendix X-3.
E, Building Materials, Construction Debris and Trash Storage and Removal.
(1) All building materials shall be placed inside the setbacks at the Site, but not within the Forest Preserve, and shall either be used or removed from the Site within the normal construction schedule.
(2) All construction debris and trash shall be stored in Approved enclosed containers.
(3) All construction debris and trash shall be removed from the Site to a proper disposal location at least once every two (2) weeks.
F. Demolition Requirements.
(1) Exterior demolition must be Approved since such work may result in noise, dust, visual and other impacts.
(2) The ACC may require a demolition deposit to ensure compliance with any requirements or restrictions placed on the demolition by the committee.
(3) Within sixty (60) days following the completion of the demolition and the removal of all debris from the Site, the ACC shall refund the demolition deposit to the Owner less such amount as the ACC may determine is necessary to penalize the Owner for non-compliance with the Covenants, these Guidelines, conditions of Approval or Approved Plans, and/or failure to comply with any requirements or restrictions placed on the demolition.
(4) No interest shall be payable on the demolition deposit. The deposit may be co-mingled with other funds of the ACC and need not be
deposited in a separate or escrow account.
G. Privacy Fence. See Appendix H and Appendix Y-2.
TOPOA Commercial Guidelines 16
Page 24 of 72 in the recorded document
Refer to Section 3.1.A (4) and Appendix H for 9ft. privacy fence adjacent to private property.
Inspections.
(1)
(2)
(3)
The Restrictive Covenants give the ACC and its designee the right, but not the obligation, to enter upon a Site to make inspections to determine if the demolition or construction work is in compliance with the Covenants and these Guidelines.
These inspections are for the sole and exclusive benefit of the ACC and no other Person is entitled to rely on the ACC inspections as evidence of the safety of the Improvements or their compliance with the Covenants, these Guidelines, Approved Plans or Applicable Law.
THE OWNER IS SOLELY RESPONSIBLE FOR CONDUCTING INSPECTIONS
REQUIRED BY APPLICABLE LAW AND NECESSARY TO DETERMINE
THAT THE IMPROVEMENT AND ITS SYSTEMS, SUCH AS MECHANICAL
AND ELECTRICAL, COMPLY WITH THE CODES AND ARE FREE FROM
DEFECTS. See Appendix A.
Landscape/Irrigation Plans; Inspections.
(1)
(2)
Every Site shall be landscaped in accordance with Approved landscape plans. The ACC may require redistribution of Approved landscape material to accommodate conditions at the Site.
The Owner is responsible for notifying the ACC prior to the installation of landscaping or irrigation so that the ACC can conduct an inspection to determine if modifications to the Approved landscape plan are required due to construction problems, unexpected natural conditions at the Site, etc. See Appendix X-3.
3.2 Objectionable Effects of Construction upon Neighboring Sites.
A.
TOPOA Commercial Guidelines
Offensive or inappropriate light, odor or other objectionable effects of construction upon neighboring Sites must be avoided and will be addressed by the ACC on a case-by-case basis.
Construction illumination or lights must not exceed 0.1 foot candles at the Property Line or create glare or a level of illumination that is offensive when viewed from residential Sites which are adjacent to the Site under construction. This same lighting standard will apply to normal business operations. See Section 9.2.B.
Page 25 of 72 in the recorded document
Special attention must be paid to exterior illumination when the adjacent Site is a Single Family Lot. This same lighting standard will also apply for business operations. See Section 9.2.B.
All lighting fronting FM 1488 shall not be placed in such a manner as to be a hazard to vehicular traffic.
IV. DEVELOPMENT STANDARDS.
41 Site Development.
A.
TOPOA Commercial Guidelines
Grading and Drainage.
(1)
(2)
(3)
(4)
(5)
(6)
Site grading must be kept to a minimum where practical. Paving and Improvements must be designed for maximum preservation of the natural grade and vegetation.
Drainage systems must be designed to minimize runoff, erosion, siltation, and vegetation removal.
Surface drainage must not cause damage to adjacent Sites or existing vegetation as a result of development either during or after construction.
Erosion and siltation control methods must be employed during and after construction and must comply with Applicable Law.
For any site disturbance greater than one (1) acre and less than five (5) acres or are part of a common plan of development or sale that disturbs that amount of land, Texas Commission on Environmental Quality (TCEQ) Phase II storm water regulation requires the Site Developer to implement a Storm Water Pollution Prevention Plan, post a site notice, and to notify the local MS4 (city or county) prior to beginning construction.
Reference: https://www.tceg.texas.gov/permitting/stormwater/construction/TXR 15 1 to 5.html for details. See Appendix Y-2.
Commercial property must include a permanent storm water detention design feature/Plan that will result in zero net change to each respective property’s current calculated outflow rates in both normal and abnormal rain events. This Plan must be submitted with the Final
Page 26 of 72 in the recorded document
Application. (Section One, CCR Article Ill, Section 11 of the Fourth Amendment.) See Appendix Y-2.
Caution: If you choose not to have a storm water detention plan for the entire lot but later choose to build greater than 15,000 square feet of impervious cover, you will be required to submit a complete storm water detention plan for the entire Site including the original Improvement.
Utilities.
(1)
(2)
Unless above ground installation is required for the functioning of utility services and fixtures, including all pipelines, cables, fittings and appurtenances for such utilities, it is preferred they be installed and maintained underground.
Utilities and fixtures which must be installed above ground, including irrigation backflow preventers, gas meters, telecommunication and electric pedestals, and light fixtures taller than twelve (12) inches above ground, must be screened from view and/or painted a color to blend with the native planting or building color.
Construction Noise.
Noise absorbing fencing and other noise abatement measures may be required by the ACC for Improvements located near residential Sites. Noise levels should not exceed 85 dBA as measured at the nearest residential receiving property line. See Section 9.1.A (1).
Easements.
(1)
(2)
(3)
An Easement is the right of a third party (e.g. the developer, a utility company, governmental authority, the Association or other Person) to use a portion of a Site for a limited purpose, as set out in a Plat, the Restrictive Covenants, or an Easement agreement recorded in county real property records.
The Restrictive Covenants and/or the applicable plat map may create Utility Easements around the perimeter of a Site. You should carefully review your recorded plat and the Restrictive Covenants when planning your project.
Many Sites are also affected by Drainage Easements (D.E.), Storm Sewer Easements (S.S.E.), Sanitary Sewer Easements (S.E.), Utility
Page 27 of 72 in the recorded document
(4)
(5)
Easements (U.E.), Access and Utility Easements (A.U.E.), and Pathway Easements (P.E.).
The Owner must determine if the approval of the Owner of an Easement affecting a Site is required. If such approval is necessary, the Owner is solely responsible for obtaining approval prior to the commencement of any construction.
Approval of Plans by the ACC does not constitute approval of the Plans or the construction contemplated therein by the Owner of an Easement affecting a Site.
E. Setbacks.
(1)
(2) (3)
(4)
TOPOA Commercial Guidelines
Property Lines. “Property Lines” are the boundary lines of a Site separating it from adjacent Sites. Property Line types include:
(a) Front Property Line: The Property Line of a Site fronting on or bordering any street, unless the Site is on a corner, in which case the Front Property Line will be designated by the ACC. See
Section 1.8 Front Lot/Property Line Definition.
(b) Side Property Line: The Property Lines which intersect a Front Property Line.
(c) Rear Property Line: The Property Line which connects the Side Property Lines and never intersects with a Front Property Line.
Forest Preserve. See Section 1.8 for definition.
Front Setbacks. See Appendix H.
The following Front Setbacks are measured from the Front Property Line and apply to Farm to Market Road 1488 (FM 1488).
(a) Paving Setback — fifty (50) feet
(b) Building Setback — sixty (60) feet Side and Rear Setbacks. See Appendix H.
Note: These distances may be increased when utility Easements are adjacent to Property Lines.
Page 28 of 72 in the recorded document
(a) Adjacent Sites with Same Land Use:
(i) Paving Setback — fifteen (15) feet
(ii) Building Setback — twenty-five (25) feet
(b) Adjacent Sites with Different Land Uses (Commercial / Residential):
(i) When a Commercial Use Site is located adjacent to a residential Tract, additional Paving Setbacks and Building Setbacks may be required.
Note: Commercial site (S924300 - Thousand Oaks 01, RES E-2) will also require a nine (9’) foot permanent privacy fence at the property line on the West side adjacent to the single family homes. For additional information, see Section 3.1.A (4) and Appendix H.
(ii) If a Site is subject to an OSRV which is fifty (50) feet or more in depth the Building Line must be at least twenty-five (25) feet from the Property Line. (CCR Article IV,
Section 29).
(iii) If a Site is subject to an OSRV which is less than fifty (50)
feet in depth the Building Line must be at least forty (40) feet from the Property Line.
Setback Exceptions.
With respect to any Site, the following structures and Improvements are specifically excluded from these provisions, unless otherwise provided by the ACC:
(1) Roof overhangs.
(2) Steps and walks.
(3) Paving and associated curbing necessary to provide access to buildings, docks and parking areas.
(4) Fences, except that no fence shall be placed within the street setback area.
Page 29 of 72 in the recorded document
(5) (6)
Landscaping. Planters.
4.2 Building Design.
A.
TOPOA Commercial Guidelines
Design Criteria.
(1)
(2)
(3)
(4)
All initial structural, mechanical, and electrical/plumbing system Plans must be stamped with the seal, and signed by the Architect of Record or an Engineer (See Appendix B). Minor Improvements subsequent to Initial Construction may not require an Architect or Engineer, as determined by Staff.
The architectural design must be consistent with accepted design principles of the profession, compatible with surrounding development, and in harmony with the environment in the sole judgment of the ACC. Elements to be considered include the building placement, size, shape, height, style, exterior materials and colors, and its relationship to all proposed Site Improvements.
Buildings should be considered as three-dimensional objects, and attention should be given to the compatible treatment of all exterior surfaces.
The considerations contained in this section are to be applied on a consistent and non-discriminatory basis.
Building Heights.
Buildings shall not exceed two (2) stories and the maximum height no more than thirty-five (35’) feet measured from grade. (CCR Article IV, Section 29).
Architectural Character.
(1)
Exterior building materials, textures and neutral colors must be carefully selected so as to be in harmony with the surrounding environment, complementary and responsive to other materials on adjacent properties and in context with other building materials in Thousand Oaks. Materials compatible with the primary residential character of Thousand Oaks should be considered.
Page 30 of 72 in the recorded document
(2)
(3)
(4)
(5)
(6)
(a) In general, buildings should be predominantly of one (1) to three
(3) exterior material(s).
(b) Building materials and colors for all sides and views of building should be carefully reviewed for appropriateness. All pad sites must be 4-sided. Visibility of strip center must be addressed from all sides. The rear of retail strip centers must be built with the same materials as the front and sides when exposed to public view. Tilt wall concrete walls painted to match brick color are appropriate under certain conditions.
Architectural detail (such as change of plane, texturing, ribbing, fluting, banding, etc.) should be considered to give large surfaces interest where appropriate. In general, neutral colors must be in harmony with the environment. Accent colors may be considered on a case-by-case basis.
Buildings are to be constructed of brick or stone with accent materials consisting of stone, split face or honed block, stucco, or cementitious siding, subject to the discretion of the ACC. Metal buildings will be considered on a case-by-case basis. The front face of buildings must have a 100% stone or brick facade with the sides having at least the lower one-third of the first story in stone or brick. If the rear of the building can be seen from FM 1488 or any adjacent side streets, it too shall have at least the lower one-third of the first story in stone or brick.
While innovative architectural designs are encouraged, the ACC reserves the right to restrict the architectural style, materials and neutral colors of a building to specific materials, palette or style.
The use of pitched or varied rooflines, dormers, porches, divided light windows, and other residential design elements is strongly
encouraged. Metal roofs will be standing seam only.
End wall conditions are encouraged to continue glass facade, graphic identification and architectural detailing when within public view.
Page 31 of 72 in the recorded document
D. Additional Considerations. Roof top surfaces and equipment, including antennas which are visible from the street, public way or neighboring Site must be Approved and of a design, location and color acceptable to the ACC. Appropriate screening devices may be required.
4.3 Drives and Parking. A. Vehicular Access.
(1) Permit by TXDOT is required to connect a drive with FM 1488.
(2) Location of any driveway(s) shall be Approved subject to evaluation of Site access considerations relative to any roadway(s) adjacent to the
Site.
(3) A copy of TXDOT permits must be submitted to the ACC or its staff before start of any construction. See Appendix Y-2.
(4) All culverts must be installed with headers, or retainers, on each end to prevent erosion and dress culvert ends and must be Approved the ACC prior to installation of culvert or wings. (CCR Section 1, Article IV,
Section 15).
B. Parking Requirements.
(1) Adequate off-street parking must be provided for each Site to accommodate parking needs for employees, visitors and company vehicles, except for specific areas where shared parking is Approved.
(2) All parking must be in designated parking areas.
c. Layout and Landscaping for At-Grade Off-Street Parking.
Parking areas must be designed and landscaped to break up the monotony of a single large paved area.
D. Construction.
(1) All parking areas and driveways must be asphalt or the ACC preference
of reinforced concrete.
(2) We recommend that a curb or other wheel stop be provided at the
TOPOA Commercial Guidelines 24
Page 32 of 72 in the recorded document
perimeter of planted areas to prevent vehicular intrusion.
(3) Where curb and gutter are used at the pavement edge, the top of the curb must be placed at natural grade. Where no curb is utilized, the pavement must terminate with a suitable edging to ensure stability of the pavement edge, and to direct drainage away from landscaped areas.
4.4 Loading and Maneuvering.
Adequate area must be provided on Site for all loading and maneuvering of trucks and other vehicles in order that such operations will not be carried out on FM 1488 or adjacent side street.
4.5 Storage.
A.
TOPOA Commercial Guidelines
Materials, supplies, or service equipment on a Site must be kept inside a closed building or behind a suitable permanent structure that is compatible with the building aesthetics and out of sight of the general public or adjoining Site(s).
Permanent outside storage units or containers may be allowed on a case-by-case basis by the ACC.
Temporary outside storage buildings and containers are allowed for short term use on a case-by-case basis as Approved. Such storage buildings must be screened as required by the ACC and must be Approved pursuant to an executed agreement between the ACC and the Owner to ensure timely removal and to establish penalties for non- compliance.
Recreational vehicles, mobile homes, tractors, boats, semi-truck tractors or trailers, or other similar vehicles or equipment may not be parked for more than forty-eight (48) consecutive hours on any Site where visible at ground level from FM 1488 or any adjacent side streets. Any such vehicles must be stored behind a suitable privacy fence. No vehicles with “for sale” or similar Signs are permitted to be parked or stored in public view.
Page 33 of 72 in the recorded document
4.6 Screening and Fences.
A.
No wall, screen or fence of any kind may be constructed unless specifically Approved by the ACC. The design, materials, textures, and colors of such items must be architecturally compatible with those of the building, and where possible, are to be integrated with the building so as to be an extension thereof. Screening devices which face a street must not extend closer to an adjacent street than the Building Setback Line.
Screening devices must be of a height at least equal to that of the materials or equipment being screened.
Fences used for security purposes must be designed and located on a Site to be as inconspicuous as possible.
All refuse must be properly contained within refuse containers located and screened so as not to be visible from any street or from an adjoining Site.
4.7 Towers.
A.
All Towers and/or modification of Tower structures and/or equipment must be Approved prior to Commencement of Construction.
New communication and cell Towers must utilize the mono pole design as of the Effective Date of these Guidelines.
Towers less than sixty (60) feet in height must be set back at least one (1) times the height of the Tower measured from the Building Setback Line of the nearest residential Tract to the center of the Tower base.
Towers sixty (60) feet or more in height must be located at least one and one-half (1%) times the height of the Tower measured from the Building Setback line of the nearest residential Tract to the center of the Tower base.
4.8 Sidewalks and Pathways.
Sidewalks and Pathways located within a Site that connects to sidewalks or pathways located outside of the Site must be at least six (6) feet wide and must be constructed of concrete with a minimum thickness of four (4) inches with mesh reinforcing. All Sidewalks and Pathways must be constructed so as not to obstruct the flow of natural drainage and in compliance with the provisions of the Americans with Disabilities Act (“ADA”).
Page 34 of 72 in the recorded document
V. LANDSCAPING.
5.1 Introduction. The purpose of these Landscape Guidelines is to ensure that landscape areas within commercial Sites carry forward Thousand Oaks Estates design philosophy of preserving and enhancing the natural environment and comply with the requirements and restrictions of recorded deeds and the Restrictive Covenants.
5.2 Pre-Landscape Installation.
Pre-Landscape Installation techniques are employed to protect existing forest areas from further decline during the construction process and include:
A. Removal of Debris and Dead Trees. Remove dead trees and debris and maintain a good cover of mulch to dress up the appearance of a Site.
B. Erosion Control Fencing. Erosion control fencing may be required to prevent excessive siltation over the root zones of existing trees.
5.3 Plans and Installation.
An ACC Approved Landscape Plan is required for new Landscape installations and major changes to existing landscape installations.
A. Owners are required to implement, complete and maintain Reforestation and landscape Plans.
B. A Clearing Plan (See Section 2.3.E (5)) must be reviewed and Approved by the Committee before any construction begins.
Cc. Compliance with the Clearing Plan is required.
D. Grass sod is required for lawn areas. A ground cover of native grasses and wildflowers is required for open areas not otherwise improved.
TOPOA Commercial Guidelines 27
Page 35 of 72 in the recorded document
We recommend using primarily native varieties. See Appendix E for Recommended Species for Forest Preserve/Reforestation and Appendix F for Recommended Species for Formalized Plantings.
Installed irrigation systems are recommended in order to maintain all newly landscaped areas, including the land between the Site and the roadway pavement. Irrigation system information may be included as part of the landscape plan or may be shown ona separate plan.
Landscape will be inspected and must be completed concurrent with the completion of the building unless otherwise Approved.
5.4 Maintenance.
Owners are responsible for maintenance and irrigation of all landscaping, including Forest Preserves, and the land between the Site and the roadway pavement.
A.
Pruning. Trees and shrubs must be pruned as needed and with such frequency as is consistent with safety and good property management. Pruning shrubs into rigid shapes is discouraged in landscaped areas.
Mowing. Lawn areas of the landscape must be mowed regularly to achieve a maintained appearance.
Weed Control. Owners are required to prevent excessive weed growth in formal planting beds by weeding and maintaining a two (2) inch layer of hardwood mulch.
Plant/Tree Removal and Replacement. If a plant or tree is removed or dies, complete removal, disposal, and replacement are required. Replacements must be at least two (2) inch caliper size for trees and fifteen (15) gallon size for shrubs.
5.5 Vehicular Access.
A.
TOPOA Commercial Guidelines
We recommend landscaped areas within parking lots be protected from automobiles by the use of curbs, wheel stops or bollards.
Landscaping flanking a driveway entrance and areas within a Street Right-of-Way must not interfere with vehicular sight lines.
Page 36 of 72 in the recorded document
Vi. SIGN STANDARDS
6.1 Objectives.
The objectives of the Sign Guidelines are (A) to permit a limited number of Signs which aid orientation and identify activities or uses, (B) to restrict private Signs which overload the public’s capacity to receive information, (C) to restrict private Signs
which
hinder public safety by increasing the probability of an accident, either by
distracting attention or by obstructing vision and (D) to maintain aesthetics.
6.2 General Requirements.
A.
TOPOA Commercial Guidelines
All Signs, temporary or permanent, which can be clearly seen from the exterior of the building, are subject to ACC review and Approval prior to fabrication and installation.
All Signs must be appropriate for viewing by the general public and professional in appearance.
Signs must be kept in good repair and must be in keeping with the character of Association.
Business names on monument Signs must be the same as business names on building mounted Signs.
Signs cannot be supported in trees, held by Person(s), hung or nailed to other structures not designed for the display of Signs.
Signs, Sign holders and fixtures, except as provided herein, that move, make noise, are accompanied by music or sound, scroll, employ blinking lights, balloons, pennants or similar devices, or utilize inflatable’s of any type are prohibited.
Signs on exterior fixtures, such as gas pumps and light poles, which advertise a service or product are not allowed.
Contact information, including phone numbers, websites, tag lines, and hours of operation are not permitted on any Sign unless specifically allowed in these
Guidelines.
Illuminated Signs displayed within a business must be placed on a wall in a location where they are not primarily visible from the outside of the building.
All Signs must be removed within thirty (30) days after the business vacates
Page 37 of 72 in the recorded document
the location.
K, Signs required for compliance with Applicable Laws or Codes are permitted without application or ACC Approval.
L. Billboard signs are not allowed.
6.3 Permanent Signs. A. Monument Signs.
(1) General Requirements.
All lighting fronting FM 1488 and any adjacent side streets shall not be hazardous to drivers and is subject to approval by the ACC.
(a) Each Site may have no more than one (1) Sign oriented to FM 1488 or any adjacent side streets with a maximum of two (2) Signs per Site.
(b) Pad Sites may be allowed separate monument Signs; however, names of Tenants of the Pad Site are not allowed on the monument Sign which identifies the shopping center.
(c) Street address numbers must be included on Signs located on streets identified in the street address and must be centered or located in the upper corner closest to the street.
(d) Tenant names must not exceed two-thirds (2/3) of the size of the name of the building or project.
(e) The use of natural materials is encouraged. These selections, however, are subject to the Approval of the ACC. Such material may either duplicate those of the building or otherwise be complementary (but in harmony) with the building.
(f) Signs must be ground-mounted and structurally sound. Finish materials must extend to natural grade. The base must not be raised more than eighteen (18) inches above natural grade, unless restricted by the physical conditions of the Site.
(g) All Signs must be designed and constructed for low maintenance. Higher initial cost for materials is preferable to
TOPOA Commercial Guidelines 30
Page 38 of 72 in the recorded document
(2)
(3)
(h)
(i)
(k)
()
(m)
(n)
Office,
(a)
(b) (c) Retail.
(a)
lower initial cost with high maintenance.
A registered logo and/or logotype may be allowed if Approved by the ACC.
Signs must be placed perpendicular to the street unless restricted by the physical conditions of the Site.
Tenant panels are not required to be the same on both sides of two-sided Signs.
LED messages, where permitted, must not move, scroll or change more than once a day. Illumination must not be offensive. Mega LED Signs are prohibited. All Signs are subject to ACC approval.
Monument Signs must be placed at least one (1) foot behind the Property Line and located to minimize removal of mature vegetation.
Vegetation may be removed near the monument Sign to provide a view corridor of approximately sixty (60) degrees from each side of the Sign face.
A formal planting area, not more than eight (8) feet wide, must be installed, irrigated, and maintained around any new monument Sign.
including Medical Office and Service Centers.
Office and multiple Tenant monument Signs may be permitted a maximum of four (4) Tenant panels in addition to the name of the project/building and address.
Signs must be of a horizontal format.
All Tenant panels must be of equal size.
Multi-Tenant Retail Sites (Example: Strip Center).
(i) Signs must be of a horizontal format.
Page 39 of 72 in the recorded document
(b)
(ii) A maximum of four (4) names of Tenants, per Sign side, may be listed on the Sign.
Single Tenant Retail Buildings.
(i) Separate monument Signs may be allowed; however, if the Site is peripheral to and part of a defined site development, inclusion on the Sign which identifies the overall Center will not be permitted.
(ii) Signs must be of a horizontal format.
(iii) Gas Stations may display a maximum of three (3) gasoline prices and a generic name for one (1) additional service, i.e. Food Mart or Car Wash. Sign panel backgrounds for gas prices and/or an additional service must match the overall Sign background.
Building-Mounted Signs.
(1) General Requirements.
(a)
(b)
(c)
(d)
(e)
(f)
The maximum horizontal dimension for building-mounted Signs must not exceed seventy (70) percent of the total storefront width.
The maximum total vertical height must not exceed one and a half (1%) times the maximum single letter height.
The Sign design is limited to individually mounted, fabricated metal channel letters and/or graphics with an internal closed face using acrylic or similar material on the letter face.
Returns of letters and graphics must be dark bronze, black, or match the color of the letter face. Return color, depth and material must be consistent for all Tenants of a multi-Tenant building.
A registered logo and/or logotype may be allowed if Submitted and Approved; however, the logo must occupy no more than ten (10) percent of the overall Tenant’s message area.
Signs must be mounted and centered horizontally on the face of
Page 40 of 72 in the recorded document
(2)
(3)
(g)
(h)
Office,
(a)
(b)
Retail.
(a)
(b)
the building in the portion of the fascia band dedicated to the Tenant, preferably centered over the Tenant entrance door except when the architecture of the Tenant facade prohibits centering of the Sign.
No exposed wireways, raceways, crossovers, exterior florescent lamps, transformers or conduit will be permitted unless Approved by the ACC.
Signs identifying separate and private primary entrances for Tenants of multiple Tenant buildings must comply with the building’s overall Sign program.
including Medical and Service Centers.
Multi-Tenant office buildings are allowed one building mounted Sign.
Where allowed, Signs identifying separate and private primary entrances for Tenants of multiple Tenant buildings must comply with the building’s overall Sign program.
A building on a single Tenant Pad Site and each Tenant space in a multi-Tenant building may have no more than one (1) Sign oriented to each street on which the building or Tenant has frontage, with a maximum of two (2) Signs per Tenant.
The maximum vertical dimensions for Signs with one (1) line of copy are:
(i) 50,000 square feet of Gross Building Area or larger (example: grocery stores) — six (6) feet.
(ii) 20,000 to 49,999 square feet of Gross Building Area (example: department stores) — four (4) feet.
(iii) 10,000 to 19,999 square feet of Gross Building Area (example: drug stores) — three (3) feet.
(iv) Under 10,000 square feet of Gross Building Area (example: restaurant Sites, gas stations) — two (2) feet.
Page 41 of 72 in the recorded document
(v) In-line retail stores — two (2) feet.
(vi) | The maximum vertical dimension for Signs with two (2) lines of copy, including space between lines, is one anda half (1%) times the height allowed for one line of copy.
(vii) Box Signs in special circumstances may be permitted on a case-by-case basis to supplement individual channel letters for unusually long business names.
(viii) Building Signs are not allowed above the first floor for buildings more than one (1) story in height.
(4) Permanent Directional Signs.
Directional Signs are Signs which provide information about loading, delivery and service areas, fire zones and internal traffic flow patterns.
Directional Signs:
(a)
(b)
(c) (d)
(e)
(f)
(g)
Must be as few in number as is functionally practical and be consolidated where possible.
Must be permanently mounted on a pole, post or other permanent structure.
Sign faces must not exceed six (6) square feet in area.
Ground mounted Directional Signs must not exceed four (4) feet above natural grade in total installed height.
Letter height must not exceed four (4) inches and must be of a single neutral color.
Must have a single neutral color background. A dark or black background with white letters is preferred.
No logo or business name is allowed.
C. Parking Lot Signs.
Parking lot Signs, including designated parking, “No Parking,” “No Trucks,” “Handicap Parking”, and “Tow Away”, must comply with the requirements of
Page 42 of 72 in the recorded document
the Texas Transportation Code and Texas Occupations Code, which may be amended from time to time. Signs conforming to the Texas Transportation Code and Texas Occupations Code are permitted without application or ACC approval.
6.4 Temporary Signs.
A. General.
(1) All temporary Signs must be placed on the Site to which they pertain.
(2) Existing vegetation must not be disturbed or removed solely for the display of a temporary Sign.
(3) Ground mounted temporary Signs must be mounted no more than five
(5) feet above natural grade in overall height, and cannot be more than thirty-two (32) square feet in area.
(4) Temporary Signs must have a single neutral background and not more than two (2) letter colors. Letters must not exceed twelve (12) inches in height. Registered company logos are allowed, but must not exceed twenty (20) percent of the Sign size.
(5) Temporary event Signs may be displayed for the event duration and for seven (7) days immediately before the event.
(6) With the exception of temporary Signs for Approved events and Signs specifically addressed below, no temporary Sign may contain product, price or other advertising message.
(7) Temporary event Signs displayed on-site and not visible from any public street or neighboring property are pre-Approved and do not require application or ACC Approval.
B. Future Land Use Identification Signs.
One (1) Sign which identifies future land uses may be installed prior to installation of a “project identification” Sign for a particular Site.
(1)
TOPOA Commercial Guidelines
The Sign’s design must comply with the example shown in Appendix | and the following:
(a) The Sign must be constructed of one-half (1/2) inch or larger
Page 43 of 72 in the recorded document
(2)
(3)
exterior grade plywood, sealed and painted with exterior grade paint.
(b) The maximum panel size is four (4) feet high and four (4) feet wide.
(c) The bottom edge of the Sign cannot exceed two (2) feet above the ground.
The Sign must be removed before installation of the Project Identification Sign.
Signs complying with this Standard are pre-Approved and are not required to be Submitted or Approved. All other Signs must be Submitted and Approved.
Project Identification Signs.
(1)
(2)
(3)
(4) (5)
(6)
The Owner of the Site is required to install on that Site one (1) temporary project identification Sign.
The Sign must be Submitted as part of the Preliminary Design Application and Approved before installation.
The message must be limited to (a) the name of the project, (b) a brief project description and opening date, broker name and telephone number, and (c) the name and contact information for the developer and contractor for the Site.
A logo, graphic or rendering is permitted on the Sign.
The Sign’s design must comply with the example shown in Appendix | and the following:
(a) The Sign must be constructed of one-half (1/2) inch or larger exterior grade plywood, sealed and painted with exterior grade
paint.
(b) The maximum panel size is four (4) feet high and four (4) feet wide.
The Sign must be installed with the bottom edge of the Sign no more than two (2) feet above the ground.
Page 44 of 72 in the recorded document
(7)
The Sign must be removed upon the earlier to occur of (a) occupancy of the individual building, (b) placement of a permanent Sign on the Site for the individual building, or (c) final inspection.
For Sale Signs.
(1) (2) (3)
(4) (5)
One (1) Sign is permitted on each Site. The Sign may have a logo no larger than two (2) feet by two (2) feet.
The Sign’s design must comply with example shown in Appendix | and the following:
(a) The Sign must be constructed of one-half (1/2) inch or larger exterior grade plywood, sealed and painted with exterior grade paint.
(b) The maximum panel size is four (4) feet high and four (4) feet wide.
The Sign must be removed within seven (7) days of the close of sale.
Signs complying with this Guideline are pre-Approved and do not require application or ACC Approval. Otherwise, Approval of the ACC is required.
For Lease and For Rent Signs.
(1)
(2)
(3) (4)
(5)
Each available Tenant space may have no more than one (1) Sign oriented to each street on which the Site has frontage with a maximum of two (2) Signs per Site.
The Sign(s) must be placed in a window or door of the available Tenant space, preferably closest to the primary entrance of the available space.
The Sign cannot exceed four (4) square feet in size.
The Sign must be removed within seven (7) days after the rental or lease contract is signed.
Signs complying with this Standard are pre-Approved and are not required to be Submitted or Approved.
Page 45 of 72 in the recorded document
Political Campaign Signs.
These Signs must comply with Texas Property Code 202.009.
On-Site Decorative Banners.
(1) Banners are allowed in retail centers provided the design relates to the theme or holiday décor and is integrated into the overall design of the
property.
(2) Messages relating to the sale or promotion of merchandise, events or individual stores are prohibited.
(3) The design, color, size, location and number must be appropriate for the individual retail center.
(4) Banners complying with this Guideline are pre-Approved and do not require application or ACC Approval.
Banners and Signs Announcing New Businesses.
Banners and Signs are allowed only for announcement of the opening or “Now Hiring” for a new business, and must meet the following requirements:
(1) Cannot be displayed for more than the four (4) weeks before and two
(2) weeks after initial opening of a new business.
(2) May be attached to the surface or hung below the temporary construction Sign, the permanent Sign, the Building Sign band, or in the window of the business.
(3) Cannot exceed three (3) feet high by eight (8) feet wide.
(4) Must have a single neutral background color (white, gray, or black) and no more than two (2) letter colors. Registered logos may be Approved on a case-by-case basis.
“Now Hiring” Signs for Established Businesses.
(1) These Signs are limited to one (1) Sign no larger than four (4) square
feet in size, per location, and may be placed in a window or door visible from the outside of the store.
Page 46 of 72 in the recorded document
(2) Signs complying with this Standard are pre-Approved and do not require application or ACC Approval.
Restaurant Menu Boards.
(1) Restaurant menu boards are limited to one (1) Sign no larger than four
(4) square feet in size, per location, and may be placed in a window, on an easel or otherwise displayed outside near the front door or patio area of the business. Overall Sign height, including any stand or base, cannot exceed five (5) feet. The Sign must have a single neutral background color and may include neatly handwritten menu items and prices.
(2) Signs complying with this Guideline are pre-Approved and do not require application or ACC Approval.
Valet Parking Signs.
(1) Valet Parking Signs are limited to one (1) Sign no larger than four (4) square feet in size, per location. Overall height, including any stand or base, cannot exceed five (5) feet.
(2) Signs complying with this Standard are pre-Approved and do not require application or Plan Review Committee Approval.
Flag Poles. The display of flags must comply with Texas Property Code 202.012. Use of Street Rights-of-Way.
(1) The Street Rights-of-Way are subject to the applicable Restrictive Covenants, these Guidelines and Applicable Law.
(2) No temporary or permanent Improvement may be constructed or placed in a Street Right-of-Way without being Approved and _ if required, Approved by the appropriate governmental authorities. The Person requesting use of a Street Right-of-Way is responsible for determining if the approval of governmental authorities is required and for providing the ACC proof of such approval. Approval of use by the ACC does not mean that the use has been Approved by governmental authorities or that the Approved use complies with Applicable Law.
Page 47 of 72 in the recorded document
(3) Texas law prohibits placing Signs in the right of way of state highways and public roads except for certain temporary directional Signs and “kiosks.” The Texas Highway Department should be contacted for an application for a permit to place a temporary directional Sign or “kiosk” in the right of way of a state highway or of a public road.
N. Light Pole Banners.
Light pole banners must be Submitted for review and Approval by the ACC prior to fabrication and installation.
(1) May be displayed only for holidays and major events.
(2) Must be eighty-four (84) inches high by thirty (30) inches wide and hung from existing banner brackets on light poles.
(3) Can be displayed no more than one (1) month prior to the event and must be removed immediately following the event.
Vil. MAINTENANCE.
7.1 General.
Each Owner shall keep all Sites owned by the Owner, and all buildings and other Improvements therein or thereon, in good order and repair, including but not limited to, seeding, watering, mowing, and maintaining all lawns and landscaping; pruning, maintaining and replacing all trees and shrubbery; maintaining all Street Rights-of-Way from the Property Line to the street pavement edge if not regularly maintained by another entity; and painting (or other appropriate external care) of all buildings and other Improvements, all in a manner and with such frequency as is consistent with good property management.
7.2 Emergency Repairs.
A. All damaged Improvements or landscaping shall be repaired or replaced as promptly as reasonably possible.
B. No Approval of the ACC is required to make emergency repairs to the exterior of the damaged Improvement or landscaping to the same condition and
appearance as existed prior to the event that caused the repair.
Vill. UNSAFE BUILDINGS.
TOPOA Commercial Guidelines 40
Page 48 of 72 in the recorded document
8.1 General.
Keeping or maintaining a building or structure which is structurally unsafe, or not provided with adequate egress, or which constitutes a fire hazard or is otherwise dangerous to human life, is declared a nuisance and is prohibited.
8.2 Cure of Nuisance.
If the responsible Owner or Tenant fails to cure the nuisance, the ACC may pursue its rights and remedies to cure the nuisance.
IX. NOISE, LIGHT, MISCELLANEOUS.
9.1 Noise Reduction.
Our primary concern is the reduction of noise intrusion from Commercial Tracts onto Single Family Lots.
A.
TOPOA Commercial Guidelines
Mitigation.
(1)
As noted in paragraph 4.1.C (Construction Noise) and 6.4.J (3), noise levels should not exceed 85 dBA as measured at the nearest residential receiving property line.
(2) Normal business operations, post completion/compliance, should also meet this standard, i.e. not exceed 85 dBA.
(3) Intent to meet the sound mitigation standard must be identified in the Final Application and verified prior to submission of the Certificate of Completion/Compliance. See Appendix D.
References.
(1) Refer to Appendix J, Common Sound Levels in dBA. This table was borrowed, with permission, from Noise Control Basics & Acoustical Product Directory 2017, Bill Holliday, PE.
(2) You may also_ refer to The’ Engineering Toolbox, at
http://www.engineeringtoolbox.com/decibel-d_ 59.html .
Note: Barriers, both internally and externally to buildings, may be installed to assist in noise reduction. However, vegetation alone is not an effective barrier, unless it is dense and more than fifty (50) feet thick.
Page 49 of 72 in the recorded document
9.2 Lighting.
Lighting plans submitted and equipment specified shall eliminate light trespass and glare visible from any adjacent property.
A.
TOPOA Commercial Guidelines
Lighting Plans. All light fixtures shall incorporate sharp cutoff devices and shall not emit direct light above a horizontal plane through the lowest part of the
fixture.
(1)
(2)
(3)
(4)
Architectural building-mounted/wall pack lighting fixtures may be used only in service areas and shall be mounted no higher than 10ft above finished grade and shall incorporate sharp cut-off devices, integral housings, and/or shields as required, eliminating glare on adjacent properties.
Maximum height of building mounted floodlights shall be equal to the top of parapet at building facade.
Temporary emergency lighting as required by local fire, police, or emergency services is exempt from these requirements.
A photometric diagram illustrating the exterior building lighting layout and associated foot-candle levels shall be submitted to the ACC for review and approval. Refer to Appendix K for specific lighting standards.
Site Lighting.
Lighting for site areas is subject to approval of the ACC. Site lighting submittals shall be accompanied by a photometric diagram depicting lighting layout and associated foot-candle levels (see Appendix K for specific lighting standards). Lighting shall be selected and utilized as follows:
(1)
(2)
General: Site lighting must be hooded, shielded, and/or aimed downward to eliminate glare on adjacent roadways and properties. Ground-mounted lighting shall be screened from view by landscaping.
Accent Lighting: Lighting intended to accent site features such as auxiliary structures and flagpoles. All light sources shall be metal halide or LED equivalent. Fixtures shall be concealed from view or provided with glare shields as necessary to eliminate glare onto adjacent properties or roadways. Fixture selection and color to be submitted for review and Approval by the ACC.
Page 50 of 72 in the recorded document
(3) Bollards: All light sources shall be metal halide or LED equivalent and fitted with glare shields to eliminate glare on adjacent properties or roadways. Fixture selection to be submitted for review and Approval by the ACC.
(4) Tree/Landscape Lighting: Up light sources shall be metal halide or LED equivalent not to exceed 150 watts. Installation may be direct burial up lights or above-grade fixtures fitted with glare shields to eliminate glare onto adjacent properties or roadways. Down lighting from tree canopies shall be metal halide or LED equivalent. Fixture selection to be submitted for review and Approval by the ACC.
(5) Seasonal Lighting: Decorative seasonal lighting is permitted for the two month season extending from November 15 through January 15.
(6) Prohibited Lighting: Laser source light, searchlights and flashing lights, and storefront LED strip lights are not permitted. High-pressure sodium light sources are not permitted.
9.3 Miscellaneous.
A.
TOPOA Commercial Guidelines
Service Areas.
Service areas and access drives should be located so that they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, parking or at entries. They shall be sited so that they are well screened and not visible to adjacent Tracts or major thoroughfares. In particular, service areas, including trash containers, must be located so that trucks do not block public streets while loading or unloading. Drives to service areas must be designed so that it is not necessary to back into or out of them onto major streets. Service doors must open onto paved service drives, parking or pedestrian walkways. They may not open onto paved spaces that are not conveniently accessible by vehicle and regularly used. Service areas shall meet all Texas Department of Licensing and Regulations requirements.
Screening Devices.
Mechanical and electronic devices, trash receptacles (dumpster enclosures), water and sewage treatment facilities, loading docks, rooftop mechanical equipment, ground-mounted mechanical or electrical equipment and other similar unsightly visible objects must be completely screened from view by walls constructed of the same material used on the building. Trash receptacles shall be sited to ensure that access gates do not face the streets.
Page 51 of 72 in the recorded document
Thousand Oaks Property Owners Association, Inc.
Commercial Guidelines
Appendices
Page 52 of 72 in the recorded document
APPENDIX A - CODES
(paragraphs 1.4, 2.3.A & 3.1.H(3))
The International Code Council (ICC)
Please check with the ICC for the most current codes in effect. Information may be found at the following website: http://www.iccsafe.org/.
International PMG (Plumbing, Mechanical, Fuel, Gas, Swimming and Pools/Spa). Formally
called International Mechanical Code.
International Electrical Code (IEC)
International Building Code
International Fire Code (IFC )
Montgomery County Fire Code
Please check with the Montgomery County Fire Marshal’s office for the latest fire code information. See their website at the following:
http://www.co.montgomery.tx.us/departments_d-k/departments_e/fire_marshal/index.html
TOPOA Commercial Guidelines A-1
Page 53 of 72 in the recorded document
APPENDIX B - ARCHITECT OF RECORD’S LETTER OF CODE COMPLIANCE
(paragraphs 2.3.E (4), & 4.2.A (1))
TO: Thousand Oaks Estates ACC
Improvement:
Project Type (see App. X-4): Sq. Ft:
Section 1 Reserve E Lot:
Street Address:
Use:
Owner’s Name:
The undersigned Architect of Record certifies that the Improvement has been designed in accordance with and is in compliance with the Codes, the applicable Covenants, the Commercial Guidelines and Applicable Law. All capitalized terms not defined herein shall have the meaning assigned in the Commercial Guidelines effective as of the date hereof.
Dated:
ARCHITECT:
{Architect’s Seal) By: Name: Its Authorized Representative SUBSCRIBED AND SWORN TO before me, the undersigned authority, on the. day of
Notary Public, State of Texas
TOPOA Commercial Guidelines B-1
Page 54 of 72 in the recorded document
APPENDIX C - ARCHITECT OF RECORD’S LETTER OF COMPLETION
(paragraphs 2.4.A (3), & 2.5.A,C & E)
TO: — Thousand Oaks Estates ACC
Improvement:
Project Type (see App. X-4): Sq. Ft.:
Section 1 Reserve E Lot:
Street Address:
Use:
Owner’s Name:
Date of “Approval” for the Final Plan Review Application on file with the Thousand Oaks Estates ACC pursuant to which the Improvements were erected or made:
The undersigned Architect of Record certifies that the Improvement has been completed in accordance with the Plans Approved by the Thousand Oaks Estates ACC and is in compliance with the Codes, the applicable Covenants, the Commercial Guidelines and Applicable Law. All capitalized terms not defined herein shall have the meaning assigned in the Commercial Guidelines effective as of the date hereof.
Dated:
ARCHITECT:
{Architect’s Seal) By: Name: Its Authorized Representative SUBSCRIBED AND SWORN TO before me, the undersigned authority, onthe ___——s day of
Notary Public, State of Texas
TOPOA Commercial Guidelines C-1
Page 55 of 72 in the recorded document
APPENDIX D — CERTIFICATE OF COMPLETION/COMPLIANCE
(paragraphs 2.3.G (2), 2.4.A (3), 2.5.A-H & 9.1.A (3))
THIS CERTIFICATE DOES NOT WARRANT THE SUFFICIENCY, ACCEPTABILITY, OR APPROVAL BY THE
THOUSAND OAKS ESTATES ACC OF THE DESIGN, CONSTRUCTION, WORKMANSHIP, MATERIALS OR
EQUIPMENT OF ANY IMPROVEMENTS UPON THE LOT OR USE THEREOF.
ERTIFICATE OF COMPLETION. MPLIANCE
Improvement:
Project Type (see App. X-4): Sq. Ft.:
Section 1 Reserve E Lot:
Street Address:
Use:
Owner’s Name:
Date of “Approval” for the Final Plan Review Application on file with the Thousand Oaks Estates ACC pursuant to which the Improvements were erected or made:
Certificate Denied: (date) ACC Chairman: Subsequent Insp.: (date) Reason: fee: $200.00
(see paragraphs 2.5.F thru H)
The Owner has furnished the Thousand Oaks Estates ACC with an Architect of Record’s Letter of Completion certifying that the Improvement has been completed in accordance with the Plans Approved by the Thousand Oaks Estates ACC and is in compliance with the Codes, the applicable Covenants, the Commercial Guidelines and Applicable Law. All capitalized terms not defined herein shall have the meaning assigned in the Commercial Guidelines effective as of the date hereof.
Dated:
THOUSAND OAKS ESTATES ACC:
By: By: By:
Name: Name: Name: Its Authorized Its Authorized Its Authorized Representative Representative Representative
TOPOA Commercial Guidelines D-1
Page 56 of 72 in the recorded document
APPENDIX E - RECOMMENDED SPECIES FOR FOREST PRESERVE/REFORESTATION
(paragraph 5.3.E)
Canopy Scientific Name Common Name Size Magnolia grandiflora Southern Magnolia Pinus elliottii Slash Pine See Forest Preserve/ Pinus taeda Loblolly Pine Reforestation Quercus shumardii Shumard Oak Requirements Quercus nigra Water Oak for appropriate size and Quercus nuttallii Nuttall Oak spacing Taxodium distichum Bald Cypress Ulmus alata Winged Elm Mid-growth/Understory Myrica cenfera Southern Waxmyrtle 15 gal. Crataegus marshallii Parsley Hawthorne 15 gal. lex opaca American Holly 15 gal. llex decidua Possumhaw 15 gal. flex vomitofia Yaupon 15 gal. Myrica pusilla Dwarf Southern Waxmyrtle 15 gal.
E-1
Page 57 of 72 in the recorded document
APPENDIX F —- RECOMMENDED SPECIES FOR FORMAL PLANTINGS
(paragraph 5.3.E)
CANOPY
Scientific Name Common Name Size Pinus elliottii Slash Pine 65 gal. Pinus taeda Loblolly Pine 65 gal. Quercus virginiana Live Oak 65 gal. Quercus shumardii Shumard Oak 65 gal. Quercus nigra Water Oak 65 gal. Quercus nuttallii Nuttall Oak 65 gal. Taxodium distichum Bald Cypress 65 gal. Ulmus parvifolia 'Drake’ Drake Elm 65 gal. Magnolia grandiflora Southern Magnolia 30 gal.
MID-GROWTH/UNDERSTORY
Cercis spp. Redbud (Eastern, TX & OK) 30 gal. Lagerstroemia indica Crapemyrtle 30 gal. Myrica cenfera Southern Waxmyrtle 15 gal. Crataegus marshalii Parsley Hawthorne 15 gal. flex opaca American Holly 15 gal. Hex decidua Possumhaw 15 gal. Azalea spp. Azaleas 5 gal. llex vomitona Yaupon 5 gal. Myrica pusilla Dwarf Southern Waxmyrtle 5 gal. Raphiolepis indica Indian Hawthorne 5 gal.
GROUNDCOVER
Dietes 'Bicolor' Bicolor Iris 3 gal. Muhlengergia capillaries ‘Gulf Gulf Coast Muhly 1 gal. Coast
Muhlengergia lindheimen Lindheimer's Muhly 1 gal. Pennisetum alopecuroides 'Cassian' Pennisetum Cassian 1 gal. Lonicera japonica Honeysuckle 1 gal. Hemerocallis spp Daylilly 1 gal. Pennisetum alopecuroides 'Hameln’ Dwarf Fountain Grass 1 gal. Miscanthus ‘Adagio’ Dwarf Maiden Grass 'Adagio' 1 gal. Lantana sp. Lantana 4' pot Linope muscari 'Big Blue’ Big Blue Liriope 6' pot Trachelospermum asiaticum Asian Jasmine 6' pot
F-1
Page 58 of 72 in the recorded document
APPENDIX G — RELEASE AND WAIVER OF LIABILITY
(paragraph 2.3.H (1))
The Thousand Oaks Property Owners Association and all of their respective employees, directors, officers, agents and any of their respective successors and _ assigns (individually, a “Released Party,” and collectively, the “Released Parties”) shall not be liable in damages to any Person in connection with the Covenants or the Guidelines for any reason whatsoever, including without limitation, any Person Submitting Plans to any of the Released Parties, or to an Owner’ or Tenant’ of _ the Site, because of a mistake in judgment, negligence, malfeasance, or omission arising out of, or in connection with (1) the Approval or disapproval or failure to Approve any such Plans, or (2) the inspection, failure to inspect, issuance of a Certificate of Compliance/Completion or the failure to issue such certificate. Every Person who Submits Plans to a Released Party agrees (1) not to make any claim or bring any action or suit against any of the Released Parties and (2) to pay all the costs and expenses including, without limitation, court costs and attorneys’ fees incurred by the Released Parties in connection with any such claim, action or suit brought in violation of this Release.
In addition to the forgoing, the Released Parties shall not be liable (1) for soil conditions, drainage or other general Site work, (2) for any defects in the Plans or (3) for the manner or quality or other circumstances of the construction of any Improvement conducted on any Lot orSite.
The Owner agrees and acknowledges (1) that the Released Parties are not responsible for ensuring the structural integrity or soundness of any Improvement or for ensuring compliance with the Codes, these Guidelines and other Applicable Laws and regulations and (2) that it is the duty of the Owner to determine if any proposed Improvement is structurally and mechanically sound and otherwise safe and to determine that the proposed Improvement is designed and constructed in accordance with the applicable Covenant, these Guidelines, the Codes, all Applicable Laws and sound practices.
All capitalized terms, unless defined herein, shall have the meanings assigned in the Commercial Guidelines.
Executed on the day of , 20
OWNER:
TOPOA Commercial Guidelines G-1
Page 59 of 72 in the recorded document
APPENDIX H — PRIVACY FENCE & OPTIONAL FOREST PRESERVE DIAGRAM
(paragraphs 3.1.A (4), 3.1.G, 4.1.E (3) (4) & (4)(b)(i))
*9ft PRIVACY FENCE IF
ADJACENT TO PRIVATE
PROPERTY
ADJACENT PRIVATE 9ft PRIVACY FENCE
PROPERTY
OPTIONAL BACK FOREST PRESERVE
ADJACENT
COMMERCIAL
PROPERTY
ADJACENT
Ga ad (COMMERCIAL OR PRIVATE)
PROPERTY
we Le OPTIONAL SIDE FOREST PRESERVE
OPTIONAL SIDE FOREST PRESERVE
PAVING SETBACK
OPTIONAL FRONT FOREST PRESERVE
PROPERTY LINE ™
ws "9 — €ein 7G Djs,
PATHWAY EASEMENT
OR PATHWAY MAY EXIST
RIGHT OF WAY
FM 1488
*Commercial Site [924300 — Thousand Oaks 01, RES E-2, has a mandatory 9ft Privacy Fence on the side lot line to the West shared with residential lots.
TOPOA Commercial Guidelines H-1
Page 60 of 72 in the recorded document
APPENDIX |
“FUTURE LAND USE”, “PROJECT IDENTIFICATION” AND “FOR SALE” SIGNS
(paragraphs 6.4.B (1), C (5), & D (3))
v
Sign mounted on 4’x6’ post 24” off grade (______________»
TOPOA Commercial Guidelines 1
Page 61 of 72 in the recorded document
APPENDIX J - COMMON SOUND LEVELS IN dBA (paragraph 9.1.B (1))
Sound Pressure Subjective Common Outdoor Sounds Level (dBA) Common Indoor Sounds Evaluation Auto horn at 10° 100 Printing plant Deafening Jackhammer at 50’ Gas lawn mower at 4’ 90 Auditorium during Very Loud Pneumatic drill at 50° applause Food blender at 3’ Concrete mixer at 50’ 80 Telephone ringing at 8’ Jet flyover at 5000° Vacuum cleaner at 5” Large dog barking at 50” 70 Electric shaver at 1’ Loud Large transformer at 50° Automobile at 55 mph at 60 Normal conversation at 3’ 150° Urban residential 50 Office noise Small town residence Moderate 40 Soft stereo music in residence Library 30 Average bedroom at night —_ Faint Rustling leaves Soft whisper at 3’ Quiet rural nighttime 20 Broadcast and recording studio 10 Human breathing Very Faint 0 Threshold of hearing (audibility)
TOPOA Commercial Guidelines
This table was borrowed, with permission, from Noise Control Basics & Acoustical Product Directory 2017, Bill Holliday.
J-1
Page 62 of 72 in the recorded document
APPENDIX K — LIGHTING STANDARDS
(paragraphs 9.2.A (4) & 9.2.B)
Outdoor Site / Area Luminance Levels
Area Foot/Candles (F/C) Buildings (office)
Building Entries 5.0 max.
Pedestrian Areas 2.0 max.
Service Areas 10.0 max.
Building Surrounds 1.0 max.
Buildings (commercial and retail)
Building Facades 10.0 max. Building Entries 10.0 max. Walks / Colonnades 10.0 max. Building Surrounds 5.0 max.
Service Stations
Approach 1.5 max. Driveway 1.5 max. Building 20.0 max. Pump Islands 20.0 max. Service Areas 7.0 max.
Site Elements
General Site Lighting 0.5 max. Walkways 1.0 min. Parking Areas (office/industrial) 2.0 avg., min. 0.5 Parking Areas (commercial/retail) 5.0 max. Covered Parking 2.0 max.
Page 63 of 72 in the recorded document
APPENDICES “L” through “W” Not Used
L-1
Page 64 of 72 in the recorded document
APPENDIX X - APPLICATION FORM
(paragraphs 2.3.B, D, E (1), F (1), G (1), 2.4.A (1)(2) & (3), 3.1.D, & 3.1.1 (2))
How to Apply for Commercial Property Improvement
There are three stages of applications: 1. Concept Plan Application
2. Preliminary Plan Application 3. Final Plan Application
{Construction may not commence until the Final Plan receives Approval}
Use Appendix Y (Application Process Checklist) to guide you through the Application Form.
The following instructions, also shown on the Application Form, page X-2, represent the “minimum” documentation required for each stage of application. Review Appendix Y, Application Process Checklist, for additional documentation that may be required for submission. Stages 2 and 3 require, prior to submission, the approved application from the preceding stage. Unless otherwise stated all documentation required for earlier stages must be resubmitted for each subsequent stage (See Appendix Y for further explanation).
List as many Project Types (see list on page X-4) as can be used to define your Commercial Improvement. Provide a Project Description and/or Purpose for each Project Type. The more details provided will speed the Application Review and avoid potential delays requiring the ACC to seek clarification on poorly defined Project Types.
Applications must be signed by the real property owner or person authorized by the owner as agent of the owner. Written proof of this authorization may be required.
Ascaled copy of the property survey showing all easements, setbacks, improvements, drainage, and septic fields while noting the location of the proposed building(s), also drawn to scale, must be submitted with the application. The overall survey must be no larger than 11” X 17”. A separate enlarged area detail of the survey may be needed.
Photographs, color samples, brochures, and specs must be provided, to include elevation drawings with dimensions.
An ACC meeting will be convened within ten (10) business days of receipt of a “complete” application.
Please note that standards form a basis for all Approvals and are not included with the application forms. Visit our web site for the most recent Commercial Guidelines at www.thousandoakspoa.com or contact the management company.
TOPOA Commercial Guidelines X-1
Page 65 of 72 in the recorded document
APPENDIX X — Commercial Improvement Application Form FM 1488 Business Address: Suite #
. Magnolia, TX 77354 Commercial Property
Property/Center Name: Local Business Manager: Office Phone:
Alternate:
E-mail:
Estimated Start Date: Contractor: Contractor's Phone: Contractor’s e-mail:
Application Form
If you would like this application mailed to a different address please enter it below:
Instructions
1. List as many Project Types (see list on page X-4) as can be used to define your Commercial Improvement. Provide a Project Description and/or Purpose for each Project Type. The more details provided will speed the Application Review and avoid potential delays requiring the ACC to seek clarification on poorly defined Project Types.
2. Applications must be signed by the real property owner or person authorized by the owner as agent of the owner. Written proof of this authorization may be required.
3. Ascaled copy of the property survey showing all easements, setbacks, improvements, drainage, and septic fields while noting the location of the proposed building(s), also drawn to scale, must be submitted with the application. The overall survey must be no larger than 11” X 17”. A separate enlarged area detail of the survey may be needed.
4. Photographs, color samples, brochures, and specs must be provided, to include elevation drawings with dimensions.
5. An ACC meeting will be convened within ten (10) business days of receipt of a “complete” application.
6. Please note that standards form a basis for all Approvals and are not included with the application forms. Visit our web site forthe most recent Commercial Guidelines at www.thousandoakspoa.com or contact the management company .
|
PROJECT INFORMATION
Submission Stage: (please circle) Concept Preliminary Final Application Processing Fee: Examination Fee:
Project Type(s): (See list on page X-4.) Compliance Deposit (Final Stage Only).
Project Description and/or Purpose (continue on additional pages if required):
TOPOA Commercial Guidelines X-2
Page 66 of 72 in the recorded document
APPENDIX X — Commercial Improvement Application Form (cont.)
OWNER CERTIFICATION AND HOLD HARMLESS AGREEMENTS
The information set out above and included with this Application is accurate and complete.
. The improvements will be completed in accordance with the approved application.
The improvements will not affect existing surface water flows at the lot boundaries.
Agents or employees of TOPOA have my permission to enter the property during normal
business hours.
5. Construction/Installation of the project specified in this application, may not begin until the action is granted by the ACC.
PYNP
Owner understands that TOPOA does not review plans for compliance with applicable laws or codes, and that it is the duty of the owner and the owner's contractors or consultants to design and construct the proposed improvements according to applicable laws, codes and sound practices. Owner hereby releases and agrees to hold TOPOA, the ACC, and their agents and employees harmless from any cost or liability arising out of the review or Approval of plans for the proposed improvements.
| certify that | am the owner or authorized to sign this form with the authority of, and as agent for, the
owner, Applicant Signature Date Print Name Print Affiliation/Title
I (For TOPOA Use Only)
Board of Directors’ Verification Sign-off (if required) Site Inspection for pre Clearing and pre Landscaping Date Int. Int. Int. ACC Action (date) Clearing Landscaping Approved (para3.1.D) _ Approved (para 3.1.1 (2))
(Note: These actions are taken “post” Final Plan Approval and pre
construction) ACC Action Supplemental ACC Action (date) Extension Approved (date) Approved Deferred Approved Deferred Disapproved Returned Disapproved Returned Conditionally Approved with following conditions: Conditionally Approved with following conditions:
TOPOA Commercial Guidelines X-3
Page 67 of 72 in the recorded document
APPENDIX X — Commercial Improvement Application Form (cont.)
List of Project Types (not all inclusive) Permanent Improvement: Building Permanent Improvement: Landscaping/Irrigation and Tree Removal Permanent Improvement: Parking
Permanent Improvement: Sign © Indicate for: Monument, Directional, Multiple Occupancy, Customer Information, Parking, Other.
© Describe reason for placement/replacement.
Note colored elevations with all colors, sizes and specs.
Permanent Improvement: Storm Water/Drainage Permanent Improvement: Lighting Permanent Improvement: Fencing Permanent Improvement: Demolition
Temporary Event: Please provide name, description, location, inclusive dates, sponsor, and planned activities of Event.
Note; location map with tents and equipment outside of the building noted must be attached. No activities or materials are allowed in forest preserves. Noise, light, odor and other adverse effects cannot be noticeable on nearby streets or properties. Inflatable balloons, lights and other distracting items may not be placed on or near signs. Signs must be informational only, with no commercial message.
Temporary Project:
Please indicate whether the project is new, existing or a replacement. Provide project description to include dimensions, material, color, purpose, number of temporary structures, plans for a permanent solution and dates requested. If existing or replacement, when was the original installed?
Note; location map plus colored rendering with all colors, materials, sizes and specs must be attached.
Temporary Sign (Banner/Freestanding/Light Pole Banner/ Other):
Please indicate Event, For Lease, For Sale, Future Land Use, Grand Opening, Now Hiring, Political Campaign, Project Identification, Event Other (describe).
Indicate the Event date, number of signs, and inclusive date range for sign display. If this is for an Event, (please note that only
(4) Events are allowed per year), which Event it is and whether or not an application has been submitted for the Event and the name of the Event Sponsor.
TOPOA Commercial Guidelines X-4
Page 68 of 72 in the recorded document
APPENDIX Y — APPLICATION PROCESS CHECKLIST
(paragraphs 2.3.D, 2.4.A (1)(2) & (3), 4.1.A (5)(6), & 4.3.A (3))
There are three stages of applications: 1. Concept Plan Application 2. Preliminary Plan Application 3. Final Plan Application {Construction may not commence until the Final Plan receives Approval}
Stages 2 and 3 require, prior to submission, the approved application from the preceding stage. Unless otherwise stated all documentation required for earlier stages must be resubmitted for each subsequent stage. The checklist below briefly shows the documentation/action required per stage. Paragraph numbers to the TOPOA Commercial Guidelines are shown for a more detailed discussion of the requirement.
Reference Paragraph Stage 1: Concept Plan Application Requirements 2.3.E (2) ___Master Plan for Projects with more than one (1) phase 2.3.H ___ Release and Waiver of Liability included (Appendix G) (this will be kept on file and need not be submitted again) Appendix X ___Ascaled copy of the property survey (see para 3 on Application Form Instructions) (to included septic field location and refuse/recycle collection areas) Appendix X ___ Elevation drawings with dimensions et. al. (see para 4 on Application Form Instructions) 2.3.F (2) ___ Application Processing Fee (verify current amount with the management company)
Additional Documentation not referenced in the Guidelines
Stage 2: Preliminary Plan Application Requirements
2.3.E (3) ___landscape Plans & Irrigation Plans 2.3.E (6) ___Site Grading Plan
Note: para 4.1.A (5)(6) for permanent storm water retention requirement 2.3.F (2) ___ Application Processing Fee (verify current amount with the Management Company) 6.4.C (2) ___ Project Identification sign design Submitted for Approval
Additional Documentation not referenced in the Guidelines
TOPOA Commercial Guidelines Y-1
Page 69 of 72 in the recorded document
APPENDIX Y — APPLICATION PROCESS CHECKLIST (CONT.)
Reference Paragraph
2.3.E (4) & Appendices B & C 2.3.E (5) 3.1.D
3.1.1 (2) 2.3.E (4&7)
4.1.A (5) 4.1.A (6) 4.1.€ 4.3.A (1)&(3) 9.1.A (3) 9.2.A (4) or 9.2.B 2.3.F (1) 2.3.F (2) 2.3.G
Stage 3: Final Plan Application Requirements
___ Official Seal(s) and signature(s) of Architect of Record or Engineer ___ Clearing Plan (to include 9ft. Privacy Fence, see Section 3.1.A(4)) ___Pre Clearing ACC site inspection (See X-3, bottom right) ___Pre Landscaping ACC site inspection (See X-3, bottom right) ___Final Plan Note: Copies of “ALL GOVERNMENT MANDATED PERMITS” are required, e.g. septic Include the Architect Approved plans for: ___Initial Construction ___ Subsequent Construction (if required) ___ Attachment to existing building with roofed area greater than 200 square feet ___Floored area elevated greater than 30” above natural grade ___ Structural Remodeling ___ TCEQ Storm Water Pollution Prevention Plan Permit ___ Professionally engineered permanent storm water detention design plan. ___ Provide estimated decibel level rating this business may operate (see also Section 9.1) ___ TXDOT access agreement ___Intent to meet Sound Mitigation Standard ___ Photometric diagram submitted (include times the lights will be illuminating) ___ Application Examination Fee ___ Application Processing Fee (verify current amount with the management company) ___ Compliance Deposit
Additional Documentation not referenced in the Guidelines
Upon project Completion, the Architect of Record will submit a Letter of Completion (Appendix C) to the ACC. The ACC will Approve (or deny with reason) the Letter indicating all obligations in accordance with the Final Plan Approval (and any subsequent approved additions) have been met, and will thereby issue a Certificate of Completion/Compliance (Appendix D). Within sixty (60) days, the ACC will issue a Compliance Deposit Refund (in part or in full - see para 2.5.H).
Reference Paragraph
2.5 & 2.3.G (2)
2.5.F
Post Construction
___Architect’s Letter of Completion (Appendix C)
___ACC Certificate of Completion/Compliance (Appendix D)
___ Refund of Compliance Deposit
___ Subsequent Inspection Fee (deducted from Compliance Fee, if required)
TOPOA Commercial Guidelines Y-2
Page 70 of 72 in the recorded document
APPENDIX Z — APPENDIX/PARAGRAPH CROSS REFERENCE
Appendix A © Noted in 1.4 ¢ Noted in Definitions under Codes © Noted in 2.3.A ¢ = Noted in 3.1.H(3)
Appendix B ¢ ~=Noted in 2.3.€ (4) © Noted in Definitions under Architect of Record’s Letter of Code Compliance © Noted in 4.2.A (1)
Appendix C ¢ Noted in Definition under Architect of Record’s Letter of Completion © Noted 2.4.A (3) ¢ Note in 2.5.A, Cand E
Appendix D
Noted in Definition under Certificate of Completion/Compliance
Noted in 2.3.G (2)
¢ ~=Noted in 2.4.A(3) © Noted in 2.5.A-H ¢ ~=Noted in 9.1.A (3)
Appendix E ¢ Noted in Definitions under Reforestation © Noted in 5.3.E
Appendix F ¢ Noted in Definitions under Reforestation © Noted in 5.3.E
Appendix G © Noted in 2.3.H (1)
Appendix H ¢ Noted in Definitions under Forest Preserve, Paving Setback, and Property Line © Noted in 3.1.A (4) © ~=Noted in 3.1.G © Noted in 4.1.E (3) (4) and (4) (b) (i)
Appendix | ¢ Noted 6.4.B (1) ¢ Noted 6.4.C (5) ¢ Noted 6.4.D (3)
Appendix J ¢ Noted in 9.1.B (1)
Z-1
Page 71 of 72 in the recorded document
APPENDIX Z — APPENDIX/PARAGRAPH CROSS REFERENCE (CONT.)
Appendix K
Noted in 9.2.A (4) Noted in 9.2.B
Appendix L through W not used
Appendix X
Noted in 2.3.B
Noted in 2.3.D
Noted in 2.3.E (1) Noted in 2.3.F (1) Noted in 2.3.G (1)(2)(3) Noted in 2.4.A (1)(2)(3) Noted in 3.1.D
Noted in 3.1.1 (2)
Appendix Y
Noted in 2.3.D
Noted in 2.3.G (1)(2)(3) Noted in 2.4.A (1)(2)(3) Noted in 3.1.G
Noted in 4.1.A (5)(6) Noted in 4.3.A (1)(3)
Z-2
Page 72 of 72 in the recorded document
Doc #: 2018073446
E-FILED FOR RECORD
07/31/2018 11:30AM
Math. Sub!
COUNTY CLERK
MONTGOMERY COUNTY. TEXAS
STATE OF TEXAS,
COUNTY OF MONTGOMERY
| hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein
by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
he) Mab unbl”
County Clerk Montgomery County, Texas.
Pages 72
